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LAW DICTIONARY 
 
 GL088AET 
 
 CONTAINING FULL DEFINITIONS OP THE PRINCIPAL TEEMS OF THE COMMON 
 
 AND CIVIL LAW, TOGETHER WITH TRANSLATIONS AND EXPLANATIONS 
 
 OF THE VARIOUS TECHNICAL PHRASES IN DIFFERENT LANGUAGES, 
 
 OCCURRING IN THE ANCIENT AND MODERN REPORTS, AND 
 
 STANDARD TREATISES; EMBRACING, ALSO, ALL 
 
 THE PRINCIPAL COMMON AND CIVIL 
 
 LAW MAXIMS. 
 
 COMPILED ON THE BASIS OF SPELMAN'S GLOSSARY, 
 
 ASD ADAPTED TO THE 
 
 JURISPRUDENCE OF THE UNITED STATES; 
 
 WITH COPIOUS ILLUSTRATIONS, CRITICAL AND HISTORICAL, 
 
 - ^' ( ■_' 
 
 ByALEXANDER M.^BURRILL, 
 
 COUNSELLOR AT LATW. 
 
 Author of a Treatise on Voluntary Assignments, a Treatise on Circumstantial Evidence, and a Treatise on Practice, &c. 
 
 Vocum origines rationesqne (Labeo] parcalluerat ; eaque prscipue scientia ad enodandoB pleroaqne juris laqueoB titebatnT. 
 A. GsLLiUB, Noct. Att. ziii. 10. ■ 
 
 SECOND EDITION. 
 
 m. 2. 
 
 NEW YORK: 
 BAKEE, VOOEHIS & CO., LAW PUBLISHERS, 
 
 66 Nassau Steeet. 
 1871. 
 
Entered, according to Act of Congress, in the year 1850, by > 
 Alexander M. Burrill, 
 In the Clerk's office of the District Court of the United States for the Southern District of New York. 
 
 Entered, according to Act of Congress, in the year 1859, by 
 
 Alexander M. Burrill, 
 
 In the Clerk's office of the District Court of the United States for tlie Southern District of New York. 
 
LAW DICTIONARY 
 
 AND 
 
 GLOSSARY. 
 
 H. 
 
 H is sometimes used in some Law Latin 
 words in which it is more generally and 
 properly omitted ; thus, Ostium is some- 
 times written Sostium ; Coercio^ Cohertio ; 
 Abundanti, Hahundanti ; and the like. 
 So, on the other hand, it is sometimes 
 omitted where it should properly be used ; 
 thus, Sutesium occurs occasionally in the 
 form UUsium, Hypotheca as Tpotheca, 
 Jlorreum as Orreum, Hordeum as Ordeum, 
 and the like. 
 
 HABE, (oT HAVE.) Lat. A form of 
 the salutatory expression Ave, (hail,) in the 
 titles of the constitutions of the Theodosian 
 and Justinianean codes. Prateus. Calv, 
 Lex. Spelman. Seei^awe. 
 
 HABEAS CORPUS. L. Lat. (You 
 have the body.) The name given to a 
 variety of writs, (of which these were an- 
 ciently the emphatic words,) having for 
 their object to bring a party before a court 
 or judge. The common capias is, in this 
 general sense, a haheas corpus, the writ, in 
 the original Latin commanding the sheriff 
 to take the defendant, " so that you have 
 his body," (fee, {ita quod habeas corpus 
 ejus, &c. ;) and, according to Mr. Reeves, 
 it was originally so called. 2 Beeves^ Hist. 
 Eng, Law, 439. The term, however, is 
 now exclusively used to designate a few 
 special writs, employed in English and 
 American practice, among which the writ 
 to inquire into the cause of a person's im- 
 prisonment or detention by another, with 
 the view to obtain his or her liberation, 
 
 Vol. IL 
 
 (technieally called a habeas corpus ad sub- 
 jiciendum,) is the most celebrated. See 
 infra. 
 
 HABEAS CORPUS AD RESPON- 
 DENDUM. L.Lat. (You have the body, 
 to answer.) In English practice. A writ 
 which issues where one has a cause of ac- 
 tion against another, who is confined by the 
 process of some inferior court, in order to 
 remove the prisoner, and charge him with 
 this new action in the court above. 3 JBl. 
 Com. 129. 3 Steph. Com. 693. 1 Tidd's 
 Pr. 849. 
 
 HABEAS CORPUS AD FACIEN- 
 DUM ET RECIPIENDUM. L. Lat. 
 iYou have the body, to do and receive.) 
 n practice. A writ which issues out of 
 any of the courts of Westminster Hall in 
 England, when a person is sued in some 
 inferior jurisdiction, and is desirous to re- 
 move the action into the superior court ; 
 commanding the inferior judges Xaproduce 
 the body of the defendant, together with the 
 day and cause of his caption and detainer; 
 (whence the writ is frequently denominated 
 a habeas corpus cum causa,) to do and re- 
 ceive whatsoever the king's [or queen's] 
 court shall consider in that behalf 3 £1. 
 Com. ISO. 3 Steph. Com. 694, and notes 
 ibid. 1 Tidd^s Pr. 404. A similar writ 
 has been sometimes used in American 
 practice. See United States Digest, Ha- 
 beas corpus. 
 
 HABEAS CORPUS AD PROSE- 
 QUENDUM. L. Lat. (You have the 
 body, to prosecute.) In English practice. 
 A writ which, issues when it is necessary to 
 
HAB 
 
 (2) 
 
 HAB 
 
 remove a prisoner, in order to be tried in 
 the proper jurisdiction wherein the fact 
 was committed. 3 £1. Com. 130. 3 Steph. 
 Com. 694. 
 
 HABEAS CORPUS AD SATISFA- 
 CIENDUM. L. Lat. (You have the 
 body, to satisfy.) In English practice. A 
 writ which issues when a prisoner has had 
 judgment against him in an action, and the 
 plaintiff is desirous to bring him up to some 
 superior court, to charge him with process 
 of execution. 3 £1. Com. 129, 1'30. 3 
 Steph. Com. 693. 1 Tidd's Pr. 350. 
 
 HABEAS CORPUS AD SUBJICI- 
 ENDUM. L. Lat. (You have the body, 
 to submit to.) In practice. A writ di- 
 rected to the person detaining another, and 
 commanding him to produce the body of 
 the prisoner, [or person detained,] with 
 the day and cause of his caption and deten- 
 tion, ad faciendum, suhjiciendum et recipien- 
 dum, to do, submit to and receive whatso- 
 ever the judge or court awarding the writ 
 shall consider in that behalf. 3 £1. Com. 
 131. S Steph. Com. 695. This is the well- 
 known remedy for deliverance from illegal 
 confinement, called by Sir William Blact- 
 stone the most celebrated writ in the Eng- 
 lish law. 3 £1. Com. 129. 1 Id. 135. 1 
 Steph. Com. 135. It was a common law 
 writ, but was confirmed and extended by 
 the statute 31 Car. 11. c. 2, commonly 
 called the Habeas Corpus Act. Crabb's 
 Hist. 525. In modern practice, it is exten- 
 sively used as a means of obtaining the pos- 
 session of the persons of women and infants, 
 by parties claiming to be entitled to their 
 legal custody. Macpherson on Infants, 152 
 — 163, part i. o. xv. See United States 
 Digest, Habeas corpus. 
 
 HABEAS CORPUS AD TESTIFI- 
 CANDUM. L.Lat._ (You have the body, 
 to testify.) In practice. A writ to bring a 
 ■ witness into court, when he is in custody at 
 the time of a trial, commanding the sheriff 
 to have his body before the court, to tes- 
 tify in the cause. 3 £1. Com. 130. 2 Tidd^s 
 Pr. 809. 
 
 HABEAS CORPUS CUM CAUSA. 
 L. Lat. (You have the body, with the 
 cause.) In practice. Another name for 
 the writ of habeas corpus ad fadendum 
 et recipiendum, (q. v.) 1 Tidd's Pr. 348, 
 349. 
 
 HABEAS CORPUS ACT. The Eng- 
 lish statute of 31 Charles H. c. 2, providing 
 the great remedy for the violation of per- 
 sonal liberty, by the writ of habeas corpus 
 
 ad subjiciendum, and which is frequently 
 considered as another Magna Charta of 
 the kingdom. 3 £1. Com. 135 — 137. 1 
 Id. 137. For a summary of its provisions, 
 see 3 Steph. Com. 699, 702. This statute 
 has been re-enacted or adopted, if not in 
 terms, yet in substance and effect, in all the 
 United States. 2 Kenfs Com. 27, and 
 note. Id. 28 — 31. 
 
 HABEAS CORPORA JURATORUM. 
 L. Lat. (You have the bodies of the ju- 
 rors.) In English practice. A compulsive 
 process awarded against jurors in the Court 
 of Common Pleas, commanding the sheriff 
 to have their bodies before the court on the 
 day appointed. It is the same with the 
 distringas, issued in the Queen's Bench. 
 
 3 £1. Com. 354. 3 Steph. Com. 590. 3 
 Chitt. Gen. Pr. 796, 797. See Distringas 
 juratores. 
 
 Eabemns optimDm testem confitentem lenm. 
 
 We havethe best witness — a confessing de- 
 fendant. 1 Phill. Evid. 397. £urr. Circ. 
 Evid. 496. " What is taken pro confesso 
 is taken as indubitable truth. The plea 
 of guilty by the party accused, shuts out 
 all further inquiry. Sabemus confitentem 
 reum is demonstration, unless indirect mo- 
 tives can be assigned to it." Lord Stowell, 
 2 Hagg. 315. 
 
 HABENDUM. L.Lat. [L. Fr. a wer.] 
 (To have.) In conveyancing. One of the 
 eight formal and orderly parts of a deed, 
 following immediately after the premises ; 
 so called from the Latin word habendum, 
 with which it commenced, and literally 
 translated and retained in modem deeds, in 
 the clause beginning with the words " To 
 have and to hold." Its original object was 
 to determine the interest granted, or to 
 lessen, enlarge, explain or qualify the premi- 
 ses ; or, according to Lord Coke, to name 
 again the feoffee, and to limit the certainty 
 of the estate. 2 £1. Com. 298. 4 Kenfs 
 Com. 468. Co. Litt.% a. HaWsAnal., 
 sect. XXXV. Shep. Touch. 75. See infra. 
 In modern deeds, the premises usually con- 
 tain the specification of the estate granted, 
 and hence the habendum, has become in most 
 cases a mere form ; but where no estate is 
 mentioned in the premises, the habendum 
 continues to retain its original importance. 
 
 4 Kenfs Com. 468. See Shep. Touch. 
 (by Preston,) 76. 
 
 *^* The following, form of an ancient 
 deed, from Bracton, will serve to illustrate 
 the original use and importance of the Aa- 
 bendum. Sciant prcesenies et futuri, quod 
 
HAB 
 
 (3) 
 
 HAB 
 
 ego talis, dedi et eoncessi, et hoc prmsenti 
 cartA med eonfirmavi tali, pro homagio et 
 servitio sua, tantam terram cum pertinentiis 
 in , tali villa : Habendau et tenendam tali 
 et hceredibus suis, generaliter vel cum coarc- 
 tatione h(Bredum, libere et quiete, the. Know 
 [all] men, present and future, that I, (such 
 a one,) have given and granted, and by 
 this my presenffiharter have confirmed to 
 (such a one,) in consideration of his hom- 
 age and service, (so much land,) with the 
 appurtenances, in (such a town :) To havb 
 and to hold to (such a one,) and his heirs, 
 (generally, or with a limitation of heirs,) 
 freely and quietly, &c. Bract, fol. 34 b, 
 35. See i^^eta, lib. 3, c. 14, §5. See 
 also the forms in Littleton, sect. 371, 372. 
 It will be seen that, in this example, Brac- 
 ton uses the word habendam, agreeing 
 grammatically with terram ; but this is 
 disregarded in other instances, (see infra,) 
 and haberidum, as a word of more general 
 application, has become established in the 
 
 HABENDAS ET TENENDAS. L. 
 Lat. In old English law. To have and to 
 hold. Concessimus etiam omnibus liberis 
 hom,inibus regni nostri, pro nobis et heredi- 
 bus nostris in perpetuum, omnes Ubertates 
 subscriptas, habendas et tenendas, eis et 
 heredibus suis, de nobis et heredibus nostris 
 in perpetuum ; we have also granted to all 
 the freemen of our realm, for us and our 
 heirs forever, all the liberties underwritten ; 
 to have and to hold to them and their heirs, 
 of us and our heirs forever. Mag. Cart. 9 
 Hen. III. c. 1. 
 
 HABENDUM ET TENENDUM. L. 
 Lat. In old conveyancing. To have and 
 to hold. Formal words in deeds of land 
 from a very early period. Bract. foL 17 b. 
 HABENTES HOMINES. L.Lat. In 
 old English law. Rich men; literally, 
 having men. 1 Mon. Angl.'' 100. Du- 
 fresne. The same with fcesting-men, (q. v.) 
 Cornell. 
 
 HABERE. Lat. In the civil law. To 
 have. Sometitaes distinguished from te- 
 nere, (to hold,) and possidere, (to possess ;) 
 habere referring to the right, tenere to the 
 fact, and possidere to both. Oalv. Lex. 
 Sabetur, quod peti potest; that is had, 
 which can be demanded. Dig. 50. 16. 
 143. See /rf. 50. 16. 164. 2. Id. 50. 16. 
 188. So habere was otherwise distinguished 
 as referring to incorporeal things, tenere to 
 corporeal, and possidere to both. Calv. 
 Lex. Prateus. 
 
 Habere contractum; to have a contract; 
 to contract. Calv. Lex. 
 
 Habere in procinctu ; to have in readi- 
 ness. Id. 
 
 Habere venale ; to sell. Id. 
 
 HABERE. Lat. In old English law. 
 To have. Habere ad rectum ; to have one 
 [forthcoming] to [answer] an accusation. 
 Bract, fol. 124 b. 
 
 This term frequently occurs in the 
 Year Books, as used by the court in grant- 
 ing any relief prayed. Habeant auxilium ; 
 let them have aid. M. 3 Edw. IIL 37. 
 Habeat etatem ; let him have his age. Id. 
 38. 
 
 HABERE FACIAS POSSESSIONEM. 
 L. Lat. (You cause to have possession.) 
 In practice. A writ that issues for a suc- 
 cessful plaintiff in ejectment, to put him in 
 possession of the premises recovered. 3 
 Bl. Com. 412. 2 Tidd's Pr. 1244. Chitt. 
 Archb. Pr. 765. 
 
 HABERE FACIAS SEISINAM. L. 
 Lat. (You cause to have seisin.) In prac- 
 tice. A writ of execution for giving seisin 
 of a freehold, as distinguished from a chat- 
 tel interest. 3 Bl. Com. 412. Cowell. 
 
 HABERE FACIAS VISUM. L. Lat. 
 (You cause to have view.) In old practice. 
 A writ that lay in divers cases, as in dower, 
 formedon, &c., where a view was to be 
 taken of the lands in question. Bract, fol. 
 379. See View. 
 
 HABERJECTS, Haubergects. [L. Lat. 
 haubergettai\ A kind of cloth mentioned 
 in Magna Charta. Cap. 25. See Hauber- 
 getta. 
 
 HABETO TIBI RES TUAS. Lat. 
 Have, or take your effects to yourself. One 
 of the old Roman forms of divorcing a 
 wife. Calv. Lex. See Tuas res, &c. 
 
 HABILIS, (pi. Habiles.) Lat. Able ; 
 fit ; competent ; suitable. Habiles ad mat- 
 rimonium ; constitutionally fit for matri- 
 mony. 1 Bl. Com. 436. Habilis and 
 inhabilis. Shelf. Marr. & Div. 55. Ad- 
 mitto te habilem; I admit thee able. Co. 
 Litt. 344 a. 
 
 Good; sound; merchantable. Applied 
 to merchandize warranted. Yearb. M. 9 
 Hen. VL 37. 
 
 HABITANT (pi. Habitans.) Fr. In 
 French and Canadian law. A resident 
 tenant; a settler; a tenant who kept hearth 
 and home on the seigniory. BunkirHs Ad- 
 dress, 17. 
 
 HABITARE. Lat To inhabit; to 
 dwell or reside. In the civil kw, habitare 
 
H^EC 
 
 (4) 
 
 HjSG^ 
 
 properly signified, to dwell permaneatly, as 
 distinguished from commorari, (to stop for 
 a while.) But it had the latter sense also. 
 Calv. Lex. Pratmis. SpiegeliuSf cited 
 ibid. 
 
 HABIT AND KEPUTE. In Scotch 
 law. Held and reputed. Terms used to 
 express whatever is generally understood 
 and believed to have happened. JBelPs 
 Diet. 
 
 HABITATIO. Lat. [from hoMtare, 
 q. v.] A habitation, or dwelling. Towns. 
 PI. 116. 2. Imt. 702. 
 
 In the civil law. The right of dwellia:^, ; 
 the right of free residence in another's 
 house. Inst. 2. 5. Big. 1. 8. Heirmec. 
 Mem. Jur, Civ. lib. 2, tit. S. 
 
 " HABITATION," held to mean a dwell- 
 ingiouse or home. 10 Qrattan's S. 64. 
 
 HABITUS. Lat. In old Engjish law. 
 Habit ; apparel ; dress or garb. HMtus 
 religionis ; the habit of religion. Pleta, 
 lib. 5, c. 5, § 32. Habitus et temsura cle- 
 ricalis ; the clerical habit and tonsure. 4 
 Bl. Com. 367. 2 Hale's P. 0. 372. 
 
 HABLE. L. Fr. In old English law. 
 A port or harbor; a station for ships. 
 Stat. 21 Hen. VI. c. 3. 
 
 HABLE, L. Fr. Able; competenl;. 
 Dyer^ 70 b, (Fr. ed.) 
 
 HABIJNDA. L. Lat. In old records. 
 Abundance ; plenty. Paroch. Ant. 548. 
 Cowell. 
 
 HACCHE. [Sax. hcBca, a hatch or bolt] 
 A hatch ; a gate or door. Cowell. 
 
 HACHIA. L. Lat. In old records. 
 A hack ; a pick, or instrument for digging. 
 Placita, 2 Mw. 111. MS. Cowell. 
 
 HACIENDA. Span. In, Spanish law. 
 Keal estate. White's New Recop.h. l,tit. 
 7, c. 6,|2, 
 
 HADBOTE. In Saxon law. A recom- 
 pense or satisfaction for the violation of 
 holy orders, or violence* offered to persons 
 in holy orders. Cowell. Blount. Per- 
 haps this word should be written haelbote, 
 or halihote, from the Sax. halg, holy. 
 
 HADE. [L. Lat. hada.^ In old records. 
 A piece of land ; a head of land, or head- 
 land. Cowell. See Butts, Caput terrce, 
 Caputia, Headlands. 
 
 HADERUNGA. L. Lat. and Sax. Ha- 
 tred ; ill-will ; prejudice, or partiality. ZL. 
 JEthelred. Spelman. Cowell, 
 
 HJEC, Lat. This; these. Hac sunt 
 instituta qum Edgarus rex cmisilio sapien- 
 tum suorum instituit ; these are the estab- 
 lishments whidti King Edgar, with the ad- 
 
 vice of his wise men, established. 1 Bl. 
 Com. 148i Htscstmtjudieia qucesapientea 
 eonsilio-regis Ethdstwni instituerunt ; these 
 are th<^ jud^aeuts. which the wise men, 
 with the advice of King Athelstan, esfe^- 
 lished.. Id. ibid. 
 
 RMQ EST CONVENTIO. L, Lat. 
 This is an agreement. Words with which 
 agEeenaeats anciently conunenced. Yearb, 
 H. ftEdlw.IL 191. 
 
 H.^C EST FINALI8 CONCOEDIA, 
 L„ Lat. (This ia the finial ^eement) 
 Tbewor<fe with which the foot of: a fine 
 commenoedi ^ Bh Com. 351. 
 
 H^BEDA. In Gothic law. A tribunal 
 answerij^; to the English court leet, and 
 of whieh it. was saidfde omnibus qiddem 
 cognoscit, wm tamen de omnilms judical ; 
 it take? cogaizance of all matters, but does 
 not finally determine all. Stiemh.. de Jur. 
 Goth. 1. 1, c. 2. 4 Bl. Com. 274. 
 
 H^REDES, Heredes. Lat. (pi. of Hce- 
 reS) a,, v.) Heirs. - Bract, fol. 17, 20 b. 
 
 HEREDES NECESSARIL Lat In 
 the civil laiw. Necessary heirs ; a term ap- 
 plied to the slaves of a testator. A slave 
 made heir by his master was called neces- 
 sarius hceres, because, whether he would or 
 not, {sive velit sive nolit,) he became, im- 
 mediately after the death of the testator, 
 absolutely free aad a necessary heir. Inst. 
 2. 19. 1. Heinecc. Mem. Jur. Civ, lib. 2, 
 tit 19, I 587. 
 
 HEREDES SUI ET NECESSARIL 
 Lat, In the civil law. One's own (or 
 ptoper)^ and necessary heirs. A term ap- 
 plied to the sons, daughters, grandsons or 
 grandrdaiughters by a son or other direct 
 deseendaaits of a party deceased. Inst. 2. 
 19* 2. Called sui, because they were do- 
 mestic, and even during the life of the fa- 
 ther were considered, in a certain sense, 
 owners of the estate, {quodammodo domini 
 exisMmantur.) Id. ibid. And called ne- 
 cessajeii,, because they became heirs by the 
 operation of law, (The Twelve Tables,)' 
 whether they would or not, as well in case 
 of intestacy as wiere there was a will. 
 Id, ibid, HiipBcc, Elem, Jur, Civ, lib. 2, 
 tit 19, § 588. See Sui hmredes, 
 
 HJEREDES EXTRANEL Lat In 
 the civil law. Extraneous, strange or for- 
 eign heirs ; those who were not subject to 
 the power of the testator. InM, 2. 19. 3. 
 
 HJEBEDIPETA. Lat. In old English 
 law. The next heir to lands. LL. Hen, 
 I. c. 70. Properly, one who endeavored 
 to get the good will of others, in order to 
 
S^XiA 
 
 (5) 
 
 H^R 
 
 be made their heir; (qui petit hcereditatem;) 
 an inheritance seeier. Oo. hitt. 88 b. 
 
 H^REDITAMENTUM. L. Lat. In 
 old EngKsh law. A hereditament, (q. v.) 
 Spelman. 
 
 B.JmEDlTAS,, HeredUag. Lat. [froto 
 hosres, an heir; L. I^. ertheritanee.J In 
 civil and old English law. An inheritance ; 
 ^n estate by succession ; an estate trans- 
 missible by descent. Hermditas alia cor- 
 •poratis, alia incorporalis ; one kind of in- 
 heritance is corporeal, another incorporeal. 
 Co. Iiitt. 9. Divisio hmreditatis; the di- 
 vision of an inheritance. Inst. 3. 1. 6. 
 HereditttS occurs in the civil law. 
 
 Inheritance ; hereditary succession. He- 
 reditas nihil aliud est quam successio in 
 universum jus quod defunctus haiuit, \ha- 
 buerit ;"] inheritance is nothing else than 
 succession to the whole tight which the de- 
 ceased had. Diff. 50. 16. 24. Id. 50. 11. 
 62. Bracton has adopted and amplified 
 this definition of the' civil la,w, in the fol- 
 lowing terms: Mcereditas est successio in 
 universum jus quod defunctus antecessor 
 hahuit, ex quacunque causA acquisitionis, 
 vel suecessionis, cum seysinA sive sine, 
 &c. ; inheritance is the succession to 
 the whole right which the deceased 
 ancestor had, by whatever title of ac- 
 quisition, or succession, with seisin or 
 without, &c. Bract, foi. 62 b. In feodo 
 et hoereditate ; in fee and inheritance. 
 Bract, fol. 207. Hmreditas ah intestato ; 
 Suecessiou from an intestate. Inst. 2. 9. 7. 
 
 Bracton contends that the word hceredi- 
 tas is not derived from hceres; but that 
 heeres, on the contrary, is from hmreditas. 
 Hseres dieilur ah hoereditate, et non haeredi- 
 tas ab Tiaerede. Bract, fol. 62 b, 265. 
 
 Hseredltas nunquam ascendit. Lat. An 
 inheritance never ascends. Glanv. lib. 7, 
 c. 1. 2 Bl. Oom. 211. A maxim of feu- 
 dal origin, and which invariably prevailed 
 in the law of England down to the passage 
 of the statute 3 <fe 4 WilVV}. c. 106, 8 6, 
 by which it was abrogated. 1 Steph. Com. 
 378. Broom's Max. [400.1 See Descent. 
 
 HMREDITAS DAMNOSA. SeeiJam- 
 nosa hmreditas. 
 
 HMREDITAS JACENS. Lat. In 
 civil and common law. A fallen or pros- 
 trate inheritance ; the inheritance of a per- 
 son deceased, while it lay unacquired by 
 the heirs ; an inheritance before it was en- 
 tered upon by the heir, {anteqwarh, adita 
 fuerit ab hmrede.) Bract, fol. 160. Id. 
 fol. 227. 
 
 An inheritance in abeyance or expecta- 
 tion^ lyinff waitmg, as it were, for the heir 
 to take it up ; {donee relevetur in manum 
 hmredis.) Co. Litt. 342 b. Bract, fol. 84. 
 Fleta, lib. 3, c. 17, § 1. 
 
 An inheritance or estate left without a 
 legal owner. 2 Bl. Com. 259. The es- 
 tate of a person deceased, where the owner 
 left no heirs or legatee to take it, called 
 also caduca ; an escheated estate. Cod. 
 10. 10. 1. 4 Kent's Com. 4c'ii. 
 
 HtEREDITAS LUCTUOSA. Lat. In 
 the civil law. A sad or mournful inheri- 
 tance, or succession ; as that of a parent 
 to the estate of a child, which was regarded 
 as disturbing the natural order of mortality, 
 {turbato ordine mortalitatis.) Cod. 6. 25. 
 9. 4 Kenfs Com. 397. 
 
 H^RERE. Lat. To adhere; to be 
 close or immediately next to. See Hmres. 
 
 To stop ; to go no farther, ftui hseret 
 
 in litera hserfct in cortice. He who stops in 
 
 the letter, stops in the bark, rind or exte- 
 rior. Oo. Litt. 283 b. He who goes no 
 farther than the letter, stops in the mere 
 exterior covering of the law, without reach- 
 ing its substance. " Hmret in litera ; the 
 objection is hypercritical." Grier, J. 12 
 Soward's R. 268. 
 
 To hesitate ; to stick ; to be in doubt, 
 "/ra hoc dubio, Bromeley, C. J. hmrebat." 
 Dyer, 77. 
 
 H JERES, Heres. Lat. [from hmrere, to 
 adhere, to be close or next to.] In the 
 common law. An heir; he to whom land-s, 
 tenements or hereditaments, by the act of 
 God and right of blood do descend, of some 
 estate of inheritance. Co. Litt. 7 b. See 
 Seir. 
 
 Hsaredem Sens facit, non homo. God 
 
 makes the heir, not man. Co. Litt. 7 b. 
 
 Solus Dens hsredem facit. God alone 
 
 makes the heir. Bract, fol. 62 b. See 
 Fleta, lib. 6, c. 1, § 4. 
 
 Eseres est nomen collectivnm. Heir is a 
 collective name or noun. 1 Ventr. 215. 
 
 Hffiies est nomen jnris; filius est nomen 
 
 natura, Heir is a name or term of law ; 
 son is a name of nature. Bacon's Max. 52, 
 in reg. 11. 
 
 Heeres Iiteredis mei est mens hseres. The 
 heir of my heir is my heir. WTiarton's 
 Lex. 
 
 Hasres est ant jure proprietatis ant jnre 
 
 representationiS. An heir is either by 
 right of property, or right of representa- 
 tion. 3 Co. 40 b. 
 According to Lord Coke, the words 
 
Hlzx]Iw 
 
 (6) 
 
 SjfXjXt 
 
 hcereditas and hceres are both derived from 
 hcerendo, (adhering,) that is, from closely 
 resting upon; for he who is heir hceret, 
 (adheres, that is, to the ancestor ;) or he is 
 so called from hcerendo, because the inhe- 
 ritance hceret, adheres to him. {Hcereditas 
 et hceres dicuntur ah hserendo, quod est 
 arete insidendo, nam qui hceres est, haeret ; 
 vel dicitur ah hserendo, quia hcereditas sihi 
 haeret.) Co. Litt. 1 b. This idea of the 
 close connection between heir and ancestor 
 is carried still farther in the following 
 maxims : 
 
 Eieres est alter ipse, et filins est pars pa- 
 
 tris. An heir is another self, and a son is 
 part of the father. 3 Co. 12 b, Harherfs 
 case. 
 
 Hceres est eadem persona eum antecessore. 
 
 An heir is the same person with his ances- 
 tor. Co. Litt. 22. Branches Princ. See 
 iTw. 48, c. 1, §]. 
 
 Heeres est pars antecessoris. An heir is 
 
 a part of the ancestor. Id. ibid. So said, 
 because the ancestor, during his life, bears 
 in his body (in judgment of law) all his 
 heirs. Id. ibid. 
 
 H^RES. Lat. In feudal law. An 
 heir. ATbmeMhseredis, in prima investitura 
 expressum, tantum ad descendentes ex cor- 
 pore primi vasalli extenditur ; et non ad 
 collaterales, nisi ex corpore primi vasalli 
 sive stipitis descendant ; the name of heir, 
 expressed in the first investiture, extends 
 only to the descendants of the body of the 
 first feudatory ; and not to collaterals, un- 
 less they descend from the body of the 
 first feudatory, or stock (of descent.) 
 Craiff, Jus. Feud. lib. 1, tit. 9, § 36. 2 
 JBl. Com. 221. Hence an heir is said pro- 
 perly to mean a son. Calv. Lex. Id. de 
 Verb. Feudal. 
 
 B.MRW, (more commonly HERES.) 
 Lat. In the civil law. An heir ; one who 
 succeeds to the whole right or estate of the 
 testator; (successor in universum jus quod 
 de/unctus habuit.) Heinecc. Elem. Jur. 
 Civ. lib. 2, tit. 14. Calv. Lex. Dig. 50. 
 16. 24. Id. 50. IT. 62. Id. 50. 17. 128. 
 1. Heredis appellatio non solum ad proxi- 
 mum heredem, sed etad ulteriores refertur ; 
 nam et heredis heres, et deincep*, heredis 
 appellatione continetur ; the appellation of 
 heir belongs not only to the next heir, but 
 to more remote persons also ; for the heir 
 of an heir, and so on in succession, is in- 
 cluded in the term heir. Dig. 50. 16. 65. 
 See /rf. 50. 16. 170. 
 
 *^* The term hceres or heres in the civil 
 
 law, scarcely corresponds with the "heii^' 
 of the common law, or rather it is used in 
 senses which do not at all belong to the 
 latter word. Thus, in the civil law, a per- 
 son was said to be appointed, instituted 
 (institutus) or made (/actus) an hceres by 
 another. Inst. 2. 14. But the maxim of 
 the common law has always been that no 
 man can make an heir. Effiredem Dens 
 facit, non homo. The term hceres had, in 
 some of its applications, nearly or quite the 
 sense of the modern " devisee," and in others 
 that of " executor," or " trustee." Thus, it 
 was an essential formality in making a tes- 
 tament, that some person should be ap- 
 pointed heir, (hceres,) to . whose faith it 
 should be committed that he should con- 
 vey the inheritance to another person ; (ut 
 aliquis hseres instituatur, ejusquefidei com- 
 mittatur ut earn hcereditatem alio restituat.) 
 Inst 2 23 2 
 
 ILERES ASTRARIUS. L. Lat. In 
 old English law. An heir in actual posses- 
 sion. See Astrarius. 
 
 H^RES DE FACTO. L.Lat. In old 
 English law. Heir from fact ; that is, from 
 the deed or act of his ancestor, without, or 
 against right. Applied to an heir whose 
 title originated in the wrongful act, such as 
 the disseisin of his ancestor. Bract. foL 
 172. An heir in fact, as distinguished 
 from an heir de jure, or by law. See De 
 facto. 
 
 HJERES EX ASSE. Lat. In the civil 
 law. An heir to the whole estate ; a sole 
 heir. Inst. 2. 23. 9. See As. 
 
 HJERES EXTRANEUS. Lat. In the 
 civil law. A strange or foreign heir ; one 
 who was not subject to the power of the 
 testator, or person who made him heir. 
 Inst. 2. 19. 3. Qui testatoris juri subjecti 
 non sunt, extranei heeredes appellantur. 
 Id. ibid. 
 
 HJERES FACTTJS. Lat. In the civil 
 law. An heir madeby wiU; a testamen- 
 tary heir; the person created universal suc- 
 cessor by will. Story's Conflict of Laws, 
 § 507. 3 Bl. C<m. 224. Otherwise called 
 hares ex testamento, and hceres instiiutus. 
 Inst. 2. 9. 7. Id. 2. 14. Hceredes facti. 
 3 P. Wms. 22. 
 
 Applied by Blackstone to an heir to the 
 crown, where the inheritance is under a 
 particular settlement. 1 Bl. Com. 196. 
 
 H^RES FIDUCIARIUS. Lat. In 
 the civil law. A fiduciary heir, or heir in 
 trust ; a person constituted heir to an es- 
 tate by will, in trust for the benefit of an- 
 
H^S 
 
 in 
 
 TTAT 
 
 other who was called Jidei commissarius, 
 (q. V.) Inst. 2. 23. 1, 2. Corresponding 
 nearly to the trustee of the English law. 
 Orabb's Hist. Eng. Law, 391. 
 
 R/ERES FIDEICOMMISSARItrS. 
 Lat. In the civU law. The person for 
 whose benefit an estate was given to an- 
 other (termed hceres Jiduciarius, q. v.) by 
 will Inst. 2. 23. 6, 7, 9. Answering 
 nearly to the cestui que trust of the English 
 law. Cooper's Just. Inst. Notes, ibid. 
 Crabb's Hist. 391, note. 
 
 BLERES LEGITIMUS. Lat. A law- 
 ful heir. Cod. 6. 58. Isres legitimus est 
 qnem nnptise demonstrant. He is a lawful 
 heir whom marriage points out as such ; 
 who is bom in wedlock. Co. Litt. 7 b. 
 Bract, fol. 88. Fleta, lib. 6, c. 1. Broom's 
 Max. [388.] 
 
 BLERES NATUS. Lat. In the civU 
 law. An heir born ; one bom heir, as dis- 
 tinguished from one made heir, hceres /ac- 
 tus, (q. V.) an heir at law, or by intestacy, 
 (ab intestato ;) the next of kin by blood, in 
 cases of intestacy. Story's Conflict of 
 Laws, § 50-7. 3 Bl. Com. 224. 
 
 H^RES NECESSARIUS. Lat. In 
 the civil law. A necessary heir ; a slave 
 made an heir was so called, because, on the 
 death of the testator, whether he would or 
 not, he became instantly free and a neces- 
 sary heir. Inst. 2. 19. 1. See Hceredes 
 
 neeessani. 
 
 This term is applied by Sir "William 
 Scott to the mate of a vessel. "The mate 
 is hceres necessarius to the employment 
 of master, in case of necessity." The Fa- 
 vorite, 2 Bob. Adm. R. 237. That is, the 
 duties of master devolve by necessity upon 
 him. 
 
 R/ERES RECTUS. L. Lat. In old 
 English law. A right heir. Fleta, lib. 6, 
 c. 1, § 11. 
 
 Bl/ERES STJUS. Lat. In the civU 
 law. A proper heir ; literally, one's own 
 heir. A term applied to the children and 
 grand-children of a deceased person. Inst. 
 3. 1. 4, 5. See Hceredes sui. 
 
 BLERET. See Hcsrere. 
 
 HL^RETARE. L.Lat. In old English 
 law. To give a right of inheritance, or 
 make the donation hereditary to the gran- 
 tee and his heirs. Cowell. Histor. Mien- 
 sis, c. 41, cited ibid. 
 
 K/ESITARE. L. Lat. In old prac- 
 tice. To hesitate, A term used in the 
 reports. " Anderson hcesitavit in the words 
 of the limitation." 1 Lem. 14:. " Powell, 
 
 J. recanted instanter, and Gould, J. hcest- 
 iabat." 6 Mod. 287. 
 
 HAFNE COTJRTS. [hafne, Dan. a 
 haven, or port.] In old English law. 
 Haven courts, {curioe portus ;) courts 
 anciently held in certain ports in England. 
 Lit. Fat. Bic. Due, Gloc. Admir. Angl. 
 6 Fdw. TV. Spelman. 
 
 HAGA. L. Lat. [from Sax. hoegh and 
 luigh, an enclosure or hedge.] In old 
 English law. A house. Biadulfus tenet 
 unam hagam de xii denar' ; Willielmus v 
 hagas de v sol; Nigellus v hagas qua 
 faciunt servitium ; Ralph holds one house 
 of twelve pence; William five houses of 
 five shillings ; Nigel five houses which do 
 service. 3omesd. titt. Sussex, Terra Bo- 
 gerii, nu. 11. Spelman. Defined by an 
 anonymous author to be a house with 
 shops, (domus cum shopis.) Spelman. A 
 house in a city or borough. Co. Litt. 
 5 b, 65 b. Cowell. Cum novem prce/atce 
 civitatis kaMtaculis quce patria lingua 
 hagan appellari solent ; with nine small 
 dwellings of the said city, which in the na- 
 tive language are called hagan. Chiirt. 
 Ethelred. Begis, in av,ct. Mat. Far. fol. 
 240. Blount. 
 
 A hedge. Fossato et haga ; with a ditch 
 and hedge. 2 Mon. Angl. 273. 
 
 A military enclosure ; {sepim^ntum mili- 
 tare.) Spelman. 
 
 HAIA, Haga. L. Lat. [from Fr. haie, 
 hage.'l In old English law. A hedge, or 
 enclosure. Inclusum fossato, haya velpa- 
 latio ; inclosed with a ditch, hedge or pa- 
 ling. Bract, fol. 97 b. Farvo fossato et 
 bassa haia includere; to enclose with a 
 small ditch and low hedge. Reg. Grig. 
 257 b. 8 Co. 138 a. See Haya. 
 
 A park, or enclosed ground. Spelman. 
 See Hay. 
 
 HAIE,5ajre. L.Fr. Ahedge. Kelham. 
 
 HAIEBOTE. Fr. and Sax. [from Fr. 
 haye, a hedge, and Sax. bote, an allowance.] 
 In old English law. A permission or lib- 
 erty to take thoms, &c., to make or repair 
 hedges. Blount. See Haybote. 
 
 HAILL. Sc. In Scotch law. "Whole; 
 the whole. " AU and haill" are common 
 words in conveyances. 1 BeWs App. Cas. 
 499. 
 
 HAIMSUCKEN. Sc. In Scotch law. 
 The crime of beating or assaulting a per- 
 son in his own house. BelVs Diet. See 
 Hameseeken. Skene calls this " ane Dutch 
 word," and derives it from haim, home, 
 and sttt^tii, to seek. 
 
HAL 
 
 (8) 
 
 HAL 
 
 HAIMHALD. Sc. In Scotch law. 
 That which grows at home. Skene de 
 Verb. Sign. voc. Haimhaldare. 
 
 HAIMHALDAEE. L. Lat. In old 
 Scotch law. To seek. restitution of one's 
 own goods and gear, and bring the same 
 home again. Skene de Verb. stgn. 
 
 HAISTERAHANDL In old European 
 
 law. An armed hand ; a hand armed 
 
 against the law. L.Alam.iTij.lQ. Spelman. 
 
 HALBER. L. Fr. A coat of mail. 
 
 LL. Gvl. Crniq. 11. 22, 23. 
 
 HALF BLOOD. [L. Fr. demy-mngm, 
 demysanke.J In the law of descent. The 
 blood of one parent only ; blood on the 
 father's or mother's side only.* A term 
 applied to collateral relations, when de- 
 scended from a, single person, who is the 
 only ancestor common to them botL Thus, 
 brothers and sisters are of the half blood 
 when they are bom of the same father, but 
 different mothers, and vice versa. 1 Bl. 
 Com.. 194. 2 Id. 22Y. 1 Steph. Com. 
 386. 2 Kenfs Com. 423—428. 4 Id. 
 403, 406, notes. Persons so related are 
 called in the civil law unilaterales, ex uno 
 latere juncti, (related on one side,) ex uno 
 parente cow;Mrac<«, (related by one parent 
 only.) Nov. 118, cc. 2, 3. Big. 38. 10. 10, 
 13. 1 Mackeld. Civ. Law, .140, § 182. 
 
 HALF DEFENCE. In pleadmg. The 
 technical name of the common clause at 
 the commencement of a defendant's plea, 
 
 — " And the said defendant, by , his 
 
 attorney, comes and defends the wrong, (or 
 force,) and injury, when, &c." Galled half 
 defence from its abbreviated form. See 
 Defence, Full defence. 
 
 HALFKINEG, Heal/Boning. Sax. In 
 Saxon law. Half-king, (semirrex.) A title 
 given to the alderman of all England. 
 Crohn's Hist. 28. Spelman. 
 HALF PROOF. [Lat. semiplenapro- 
 0.] In the civil law. Proof by one 
 witness, or a private instrument. Hallifax, 
 Anal. b. 3, ch. 9, num. 25. 3 £1. Com. 
 3Y0. 
 
 HALF SEAL. In English law. A 
 seal used in chancery, for the sealing of 
 commissions to delegates appointed upon 
 any appeal in ecclesiastical or marine 
 causes. Stat. 8 Mia. c. 5. Cowell. 
 
 HALF TONGUE. [L. Lat. mMietas 
 Unguw.'\ A term anciently applied to a 
 jury, one-half of which consisted of deni- 
 zens or natives, and the other half of 
 aliens. See De medietate lingiice, Medietas 
 linguce. 
 
 HALF YEAR. [L. Lat. tempus se- 
 mesire.^ In legal computation. The pe- 
 riod of one hundred and eighty-two days ; 
 the odd hours being rejected. Co. Litt. 
 135 b. Cro. Jac. TlM. Telv. 100. 1 
 Steph. Com. 266. 2 CrahVs Beat Prop. 
 423, § 1577. 1 N. T. Bev. St. [606,] 
 616, § 3. 
 
 HALIGEMOT, 5aZmoie, Halmot. Sax. 
 [from heal, a hall, and gemot, or mot, a 
 meeting.] In Saxon law. The meeting 
 of a hall, {conventus aulcs,) that is, a lord's 
 court ; a court of a manor, or court baron. 
 ZL. Hen. I. c. 10. Spelman. So called 
 from the hall, where the tenants or free- 
 men met, and justice was administered. 
 CrahVs Hist. Eng. Law, 26. 
 
 HALIMOT, Halimote, Halmot, Hal- 
 mote. Sax. [See Haligemot.'\ In old 
 English law. A meeting of citizens in 
 their public hall; otherwise called /oZcmof. 
 Spelman. Cowell. Blount. In London, 
 every company had a hall wherein they 
 kept their courts. 4 Inst. 249. See Ha- 
 ligem^ot, Halyrmt. 
 
 HALL. [Sax. A^aZ; L. JjAi. aula, hal- 
 Za.] In old English law. A chief man- 
 sion-house or habitation. See Halla. 
 The place where a lord's court was held. 
 See Haligemot. A king's palace, where 
 his court was held. See Aula. 
 
 HALLA. L. Lat. In old English law. 
 A hall or mansion house. In JSfewcerct 
 hundred, ipse Hugo tenet unam terram 
 quam Azor Rot tenuit de B. E. sine halla ; 
 in Newkirk hundred, the said Hugh holds 
 one piece of land which Azor Rot held of 
 King Edward, without a hall, or house. 
 Domesd. titt. Chent, Terra Hug. de Mount- 
 fort, Blount. 
 
 HALLAGE. In old EngUsh law. A 
 fee or toll due for goods or merchandise 
 vended in a hall. Jacob. 
 
 A toll due to the lord of a feir or mar- 
 ket, for such commodities as were vended 
 in the common hall of the place. Cowell. 
 Blount. 
 
 HALLAZGO. Span. In Spanish law. 
 Finding, (trover.) Schmidts Civ. Law, 
 91. 
 
 HALMETTJS. L. Lat. A hahnote, or 
 halimot, (q. v.) Cowell. Properly hali- 
 motus. Spelman, voc. Haligemot. 
 
 HALMOTE, Halmot, Halimote. See 
 Haligemot, Halimot. 
 
 HALSFANG. See Healsfang. 
 
 HALT. L. Fr. High. iKelham. See 
 Hault. 
 
HAM 
 
 <9.) 
 
 HAM 
 
 HALYMOTE, Halimot, Haligeimt. 
 Sax. [from halg, holy, and mot, or gemot, 
 a meeting.] In old English law. A holy 
 or ecclesiastical court; otherwise called 
 circgemot, and chirgemot, (qq. v.) Spel- 
 man. 4 Inst. 321. 
 
 HALYWERCFOLK. Sax. In old 
 English law. People who held land for 
 the service of repajring or defending a 
 church or sepulchre ; for which pious la- 
 hors they were excused from feudal and 
 military services. Particularly applied to 
 tenants in the province of Durham. Hist. 
 Dunelm. apud Wharton. Cornell. Ma- 
 nulphus, Dei gratia Dunelmensis Episco- 
 pus, omnibus hominibus suis, Francis tt 
 Anglis, de Haliwercfolk, salutem ; Ka- 
 nulph, by the grace of God, bishop of 
 Durham, to all his men, French and Eng- 
 lish, of haliMercfolk, greeting. 1 Mon. 
 Angl. 612 b. Blount. 
 
 HAM. Sax. In Saxon and old Eng- 
 lish law. A house or dwelling ; a home. 
 ^t ham ; at home. LL. Ince, c. 5. Spel- 
 man supposes the radical meaning to be 
 an enclosure or circuit, something that 
 goes around. Hence the Aewi of a garment. 
 
 A collection of houses; a village or 
 town. Henoe the names of many places 
 in England ending with ham, as Not- 
 tingham, Buckingham, &c. Spelnum. 
 
 A piece of land ; a home close, or little 
 meadow ; a narrow skirt, hem, or edge of 
 meadow. See Ha/ma, JSamma. 
 
 HAMA. L. Lat. In old English law. 
 A hook ; an engine with which a house on 
 fire is pulled down. Yelv. 60. 
 
 Apiece of land. See jBTawTOa. 
 
 HAMALLARE. L. Lat. [from mal- 
 lum, a court.] In old European law. To 
 summon to court, (ad mallum, seu in jus 
 vocare ;) to go to law with ; to sue or im- 
 plead. Mareulf. lib. 1, form. 36. Spel- 
 man. See Admalla/re. 
 
 HAMALLUS. L. Lat. [from mallum, 
 a court.] In old European law. One who 
 was summoned to court, {in mallum voca- 
 tus.) L. Salic, tit. 49, Spelmati. 
 
 HAMBELETTUM. L. Lot. In old 
 English law. A hamlet. Bract, fol. 37 b. 
 
 HAMBLING. In the forest law. The 
 boxing or hock-«inewing of dogs; an old 
 mode of lamingordisabling dogs. Termes 
 de la Ley. 
 
 HAMEL, Hamele, Hamelle. L. Fr. 
 A hamlet. Thel. Big. lib. 11, c. 16. 
 Kelham. Used also as an English word. 
 " ' Cornell. 
 
 HAMELETA, Hamelecta. In old Eng- 
 lish law. A hamlet. See Hamleta. 
 
 HAMELETTUS. L. Lat. In old Eng- 
 lish law. A hamlet. Fleta, lib. 1, c. 18, 
 
 §4- 
 HAMELLTJS. L. Lat. In old records. 
 
 A hamel, or hamlet. Cowell. 
 
 HAMESECKEN, Hamesucken, Maim- 
 sucken. In Scotch law. The violent en- 
 tering into a man's house without hcense 
 or against the peace, and the seeking and 
 assaulting him there. Skene de Verb. 
 Signif. 2 Forbes' Inst. 139. The same 
 with hamsocen, hamsoken, or hamsocne, 
 (qq. V.) 
 
 The crime of housebreaking or burglary. 
 4 Bl. Com. 223. 
 
 HAMFARE. Sax. [from ham, a house.] 
 In Saxon law. An assault made in a house ; 
 a breach of the peace in a private house. 
 Gloss, in X. Scsriptores. Banulf. Cestrens. 
 lib. 1, c. 50. Spelman. Blount. The 
 same with hamsackne, {({. v.) 
 
 HAMLET, Hamel, Hampsel. Sax [di- 
 min. ot ham, a town or vill ; or from ham, 
 and let, or lit, a member or part ; L. Lat. 
 hamleta, hameleta.J A little village, or 
 vill, (yillula;) or rather a part or member 
 of a vill, or town; a part less than half. 
 Spelman. An appends^e to a town. 1 
 Bl. Corn. lis. Supposed by Spelman to 
 have consisted of less than five freemen or 
 frank pledges. See Vill, Bemivill. 
 
 From the L. Lat. forms, hambelettum and 
 hamelecta, this word seems to have once 
 been written or pronounced hamblet and 
 hamlect. 
 
 HAMLETA, Hamletta. L. Lat. A 
 hamlet. Spelman. 
 
 HAMLETTUS, Hamelettus. L. Lat. 
 In old English law. A hamlet. Fleta, lib. 
 4, c. 10,f 12. 
 
 HAMMA, Hama. L. Lat. [from Sax. 
 ham, a home or house.] In old records. 
 A home close; a small croft; a little 
 meadow, or ham. Quoddam pratunculum 
 quod vacatur hamma. ^ennett'g Paroch. 
 Ant. 135. 
 
 A narrow sldrt, hem, or edge of meadow 
 or grass, in a common field. Id. 5Y2, 
 Cowell. 
 
 HAMME. L. Fr. A helmet. LL. 
 Gul. Conq. 11. 22, 23. 
 
 HAMPSEL. A hamlet. %elinan,voc. 
 Hamel. Cowell, voe. Hamlet. 
 
 An old house, or decayed cottage, 
 Kitchin. fol. 103. Cowell, 
 
 HAMSOCA. L. Lat. ti Saxon law. 
 
HAN 
 
 (10) 
 
 HAN 
 
 Hamsol^en, or hamsocne. The privilege or 
 liberty of a man's own house ; a breach of 
 such privilege by a violent entry. LL. 
 Edmund, c. 6. 
 
 A fine for such entry ; an immunity from 
 such fine. Spelman. See Hamsocne. 
 
 HAMSOCNE, Hamsokne, HamsocJcne, 
 Hamsoken, Hamsockene, Homesoken. Sax. 
 [from ham, a house, and socne, a liberty ; 
 L. Lat. hamsoca, hamsocna.'\ In Saxon law. 
 The liberty, privilege, or immunity of a 
 man's house. Spelman, voc. Hamsoca. 
 The right to its exclusive enjoyment, undis- 
 turbed by the entry or act of another.* 
 
 A breach of the immunity of a man's 
 house by entering it against his will ; the 
 violent entry of a house, Unvasio mxmsio- 
 nis.) LL. Canuti, c. 39. Spelman. Ham- 
 sokne, qucB dicitur invasio domiis contra 
 pacem domini regis ; Hamsokne, which is 
 called the forcible entry of a house against 
 the king's peace. Bract, fol. 144 b. The 
 offence of burglary. 4 Bl. Com. 223. 
 See Hamesecken. 
 
 An assault made in a house, {insultus 
 foetus in domo ;) the same with hamfare, 
 (q. V.) Earmlf. Cestrens. lib. 1, c. 50. 
 Spelman. 
 
 A franchise or privilege granted to lords 
 of manors, to hold pleas and take cogni- 
 zance of the offence of entering a house 
 against the will of the. occupant, and of 
 imposing and exacting fines therefor. Spel- 
 man, voc. Hamsoca. Blount. 
 
 A fine or amercement imposed for enter- 
 ing a house forcibly and without permis- 
 sion, and against the peace ; an immunity 
 or acquittance from such fine ; {([uietantia 
 misericordice intrationis in alienam domum 
 vi et injuste.) Fleta, lib. 1, c. 47, § 18. 
 Rastal, apud Spelman, voc. Hamsoca. 
 
 HAMSOKEN, Hamsokne. See Ham^ 
 socne. 
 
 HANAP, Hannap. L. Fr. A cup. 
 Litt. sect. 344. Dyer, 1. 
 
 A hamper. Kelham. 
 
 HANAPER, Hanper, Hamper. [L. Lat. 
 hanaperium.'\ In old English practice. A 
 bag or basket of larger size, {^fiscus vel 
 sporta grandior,) in the English chancery, 
 in which the fees arising from the sealing 
 of writs, charters, &c. were anciently kept. 
 Spelman, voc. Hanaperium. Cfilherfs For. 
 Bom. 16. The/«cMg, or exchequer of the 
 chancery. Stat. 10 Ric. II. c. 1. 
 
 HANAPER OFFICE. An office on 
 the common law side of the English Court 
 of Chancery, in which the writs relating to 
 
 the business of the subject, and the returns 
 to them, were anciently kept. 3 Bl. Com. 
 48,49. Socalled, according to Blackstone, 
 because these writs were, according to the 
 simplicity of the times, originally kept in a 
 hamper, in hanaperio. Id. ibid. But the 
 hamper or basket, as Spelman has shown, 
 was for keeping the fees or money of the 
 office, and not for papers. Spelman, voc. 
 Hanaperium. See 6 Co. 43 b, Bohun's 
 case. See Hanaper. 
 
 HANAPERIUM. L. Lat. In old Eng- 
 lish law. A hanaper or hamper. Spelman. 
 See Hanaper. 
 
 HAND, \liat. manus ; Fi. main, mayn.] 
 In old practice. An oath ; so called from 
 the use of the hand in making it. See 
 Oath, Manus. 
 
 One who made oath, especially one who 
 swore for another ; a compurgator. Jura- 
 bit duodecima manu ; he shall swear by 
 twelve hands, that is, he shall establish it 
 by the oath of twelve men. Glanv. lib. 1, 
 c. 9. // covint aver oue luy xi maynz de 
 jurer oue luy ; he must have with him 
 eleven hands to swear with him. Dyver- 
 site des Courts, fol. 305. 3 Bl. Com. 343, 
 344. 
 
 *:^* The use of the hand in judicial pro- 
 ceedings, not only for making oath, but for 
 the purpose of identifying parties, has been 
 practiced in English law from the earliest 
 period. Thus, in the ancient appeals of 
 felony, when the parties came to make the 
 oath required of them before engaging in the 
 duellum, or combat, they took each other 
 by the hand, and first the appellee or ac- 
 cused swore thus : " Hear this, O man 
 whom I hold by the hand, [Ceo oyes, vous 
 home qui jeo teigne par la mayn, or Hoc 
 audis, homo quem per manum teneo ;) who 
 makest thyself to be called A. by the name 
 of baptism, that I did not slay thy father 
 or brother, &c. So help me God and these 
 holy thinjgs." And then the appellor or 
 accuser swore : " Hear this, O man whom 
 I hold by the hand, who makest thyself to 
 be called B. by the name of baptism, that 
 thou art perjured, and therefore perjured, 
 because, &c. So help me God," &c. 
 Bract, fol. 141 h. Britt. c. 22. Fleta, lib. 
 1, c. 24, § 38. A prisoner brought to the 
 bar of a court for arraignment, is still re- 
 quired to hold up his hand, as one of the 
 formalities of that proceeding. See Ar- 
 raignment. 
 
 HAND. In practice. Signature. "Some 
 writs require a judge's hand." 10 Mod. 103. 
 
HAN 
 
 (11) 
 
 HAR 
 
 HANDBOROW. In Saxon law. A 
 hand pledge; a name given to the nine 
 pledges in a decennary or friboig; the 
 tenth, or chief, being called headborow, 
 (q. V.) So called, as being an inferior 
 pledge to the chief. Spelman. 
 
 HAKDGEITH, Sangrith. Sax. [from 
 harid or hond, and grith, peace.] In Saxon 
 and old English law. Peace or protection 
 given by the king with his own hand. 
 Compact, inter Alured. db Guthrun. sect. 1. 
 LL. Hen. I. c. 13. Cowell. 
 
 HAND HABEND, JETand habbend, 
 Sand habbinde. Sax. [from hand, and hceb- 
 bend, having ; q. d. having in hand.] In 
 Saxon law. A thief caught with the thing 
 stolen in his Jiand, or possession. LL. 
 Hen. I. c. 59. Bract, fol. 150 b, 154 b. 
 Meta, lib. 1, c. 38, 1. Answering to the 
 fur manifestus, (q. v.) of the civil law. 
 Called hcebbendre handa, in an old record 
 cited by Blount. Condi. Berghamsted, A. 
 D. 6 9 7. Written by Bracton, hand habend, 
 (q.v.) 
 
 HANDSALE. In Gothic law. A sale 
 made or con&med by the ceremony of the 
 parties shaking hands, called venditio per 
 mutuam manuum complexionem. Stiem- 
 hook, de Jur. Goth. hb. 2, c. 5. This was 
 anciently held necessary, among all the 
 northern nations, to bind the bargain, and 
 the custom is still retained in some verbal 
 contracts. 2 Bl. Com. 448. 
 
 The price or earnest given immediately 
 after the shaking of hands, or instead 
 thereof. Id. ibid. 
 
 HANG-. In old practice. To remain 
 undetermined. " It has hung long enough ; 
 it is time it were made an end of." Holt, 
 C. J. 1 Show. 11. 
 
 HANGING. [Lat. pendente.] Pend- 
 ing; during the pendency. "If the ten- 
 ant alien, hanging the praecipe." Go. Litt. 
 266 a. 
 
 HANGING. [Lat. auspensio per col- 
 lum.] In criminal law. Suspension . by 
 the neck; the mode of capital punishment 
 used in England from time immemorial, 
 and universallv adopted in the United 
 States. 4^/. "Com. 403. 
 
 HANGWITE, Hangwit. Sax. [from 
 hangian, to hang, and wite, a fine or pen- 
 alty.] In Saxon law. A fine fop hanging 
 a thief without judgment, or legal trial, 
 (prceter juris exigentiam,) or for his escape ; 
 an immunity or acquittance from such fine 
 or liability. Spelman. Cowell. In Domes- 
 day it is written hangwitha. 
 
 HANSA. L. Lat. In old records. A 
 hanse, or commercial confederacy. Carta 
 Hen. VIL apud Blount. See Hanse. 
 
 HANSE. Goth. A society of mer- 
 chants, combined together for the good 
 usage and safe pass^e of merchandise from 
 kingdom to kingdom. Cowell. A com- 
 mercial confederacy.* Spelman thinks this 
 word was originally hause, (with « for «,) 
 or ause. 
 
 HANSE TOWNS. Certain commercial 
 cities in Germany, which associated for the 
 protection of commerce towards the close 
 of the twelfth century; at the head of 
 which were the cities of Lubec, Hamburg, 
 and Bremen. The league formed between 
 them was called the Hanseatic League, the 
 most powerful commercial confederacy 
 known in history. 1 Sobertsan's Charles 
 V. 63, and Appendix, Note xxx. 3 Kenfs 
 Com. 1 4. The code of maritime law known 
 as the Laws of the Hanse Towns, or Jits 
 Hanseaticum Maritimum, was established 
 by this confederacy. Id. 14, 16. 
 
 HANTELOD. Germ. [from hant, 
 hand, and lod, or load, laid.] In old Eu- 
 ropean law. An arrest, or attachment. 
 Spelman. 
 
 HAP. [L. Fr. happer.] To catch or 
 snatch ; to get, gain or obtain ; to get by 
 chance.* Cowell. " He that can first hap- 
 it, shall enjoy out the term." FincKs Law, 
 b. 2, c. 3, p. 115. See Happer. 
 
 HAPPER. L. Fr. To chance, happen 
 or fall out ; to hap ; to get or obtain ; 
 to get by chance.* Kelham. L. Fr. 
 Diet. 
 
 HAQUE. In old statutes. A hand 
 gun, about three quarters of a yard long. 
 Stat. 33 Hen. VHI. c. 6. Stat. 2 & 3 
 Hdw. VL 13. 
 
 HARACIUM. L. Lat. In old English 
 law. A race of horses and mares kept for 
 breed ; a stud. Spelman. 
 
 HARBOUR. Pi. Fr. havre.] In mari- 
 time law. A shelter or safe station for 
 vessels ; a haven or port.* A space of 
 water so enclosed by the land as to be safe 
 from the perils of the ocean. 1 Duer o« 
 Ins. 281. Any navigable water where 
 ships can ride in safety. Webster. Har- 
 bour and port are very commonly used as 
 synonymous terms. 1 Buer on Ins. ub. 
 sup. Hubbard, J. 9 Metcalfs R. Z1\, 311. 
 A distinction is, however, sometimes made 
 between them. Id. ibid. Strictly, har- 
 bour seems to denote a place for the accom- 
 modation of vessels; port, a place for the 
 
HAR 
 
 (12) 
 
 HAT 
 
 Teception and delivery of cargoes. See 
 Port, Fortus. 
 
 To HARBOR. To shelter or secrete ; 
 to receive and secrete a person, espeeially 
 a fugitive ; to receive and secrete illegally, 
 or in opposition to the claim of another.* 
 To receive clandestinely and withoat law- 
 ful authority, a person for the purpose of 
 so concealing him that another having a 
 right to the lawful custody of such per- 
 son shall be deprived of the same. Bou- 
 tiier. Woodbury, J. 5 Howard's R. 215, 
 22'7. A distinction has been taiben, in 
 some decisions, between harbor and con- 
 ceal. A person may be convieted of har- 
 boring a slave, although he may not have 
 concealed her. 54 Maharmi B. 71. 
 
 To constitute the offence of harboring 
 or concealing a fugitive from labor, within 
 the meaning of the Act of Congress of 1 798, 
 it must appear that the harboring or con- 
 cealing was with the intention to elude the 
 claim of the master of the alleged fugi- 
 tive. 5 McLean^s H. 65, 73. 
 
 HARDHEIDIS, Hardies, Hardittis. 
 So. In old Scotch law. Lions ; coins for- 
 merly of the value of three half-pence. 1 
 Pitc. Cr. Trials, part 1, p. 64, note. 
 
 H ARDI, Hardy. L. Jlr. T)aring ; pre- 
 sumptuous, n sera trope hardy pleador 
 qui pledmt ; he would be a. very bold 
 pleader who should plead. Yearh. M. 8 
 Edw. m. 9. 
 
 HARDITTIS. Sc. In old Scotch law. 
 Hardetts; lions. 1 Pitc. Qr. Trials, partvl, 
 p. 82. See Hardheidis. 
 
 HARER, Harier. L. Fr. To stir up ; 
 to provoke ; to importune. Kelkam. 
 
 HARMISCARA, Armiscara. L. Lat. 
 In old European law. A kind Of fine. 
 Spelman, voc. Harniscara. Supposed by 
 some to be a species of corpore^ punish- 
 ment. Id. ibid. The etymology, and mean- 
 ing of this word are both very uncertain. 
 
 HARNA8GA. L. I^t. In old Euro- 
 pean law. The defensive armor of a man ; 
 harness. Spelman. 
 
 HARNESA, Harneeia. L. I^t. In 
 old English law. Harness ; tackle. Fleta, 
 lib. 2, oc. 21, 85. 
 
 HARNISCARA. L. Lat. In old Eu- 
 ropean law. A kind of fine. The same 
 with harmiscara, (q. v.) 
 
 HARO, HARROTJ. Fr. In Norman 
 and early "English law. An ontray, or hue 
 and cry after felons and malefactors. Cow- 
 ell. It seems to have been equivalent to 
 the English "out." Thus, where the 
 
 chamberlain of the bishop of Ely had 
 killed one William de Holme, the sister of 
 the deceased followed the bishop, crying 
 out with a terrible clamor, " harrou upon 
 thee, Thomas de Lylde, ha/rrou, harrou, 
 upon thee ; for thou hast skin my brother 
 William de Holme, harrou upon thee, har- 
 rou." Hist. Miem.ei^MA Wharton. Angl. 
 Saer. par. 1, p. 658. 
 
 HARTH, (or HEARTH) PENNY. 
 [Sax. hearth peni,'] In ancient English law. 
 A tax or tribute of a penny, imposed upon 
 every hearth or hoilse ; the same with Pe- 
 ter'pence, or Romescot. Spelman. 
 
 HASP AND STAPLE. In old Scotch 
 law. The form of entering an heir in a 
 subject situated within a royal borough. 
 It consisted of ^ihe heir's taking hold of the 
 hasp and staple of the door, (which was the 
 symbol of possession,) with other formali- 
 ties. See BelPs Diet. 
 
 HA8PA. L. Lat. In old English law. 
 The hasp of a door; lyy which the livery of 
 seisin might anciently be made, where 
 there was a house on the premises. Fieri 
 debet traditio per oitium, et per haspam, vd 
 annulum ; livery should be made by the 
 door, and by the hasp or ring, [that is, by 
 delivering these to the party, in the name 
 of the whole.] Bract, fol. 40, 398. Per 
 haspain vel armulum hosHi exterioris ; by 
 the hasp or ring of the outer door. Fleta, 
 lib. 3, c. 15, § 5. 
 
 In old records. The hasp or clasp of a 
 book. Liber Statut. Flcel. Paul. Lend. 
 MS. fol. 29 a. Cowell. 
 
 HASTA. Lat. In the civil law. A 
 spear; the badge of a sale by au<Stion. 
 HastcB subficere; to put under the spear; 
 to put up at auction. Calv. Lex. In mod- 
 em phrase, to put under the hammer. See 
 Subhastan. 
 
 HASTA. Lat. In feudal law. A 
 spear. The symbol used in making inves- 
 titure of a fief. Feud. Lib. 2, tit'^. 
 
 H ASTER. L. Fr. To haste; to hasten 
 or despatch. Britt. c. 99. 
 
 HASTIP, ^a«<j^. L. Fr. Hasty; in- 
 considerate; immature. Britt. c. 99. 
 
 HAT MONEY. [Ft. ehapot.] In ma- 
 Titiine law. An allowance formerly made 
 to the master of a vessel, for the purchase 
 of wintei; clothing, which, according to J»- 
 cohsen,was mentioned in almost all charter 
 parties. Sea Laws, 88. Supposed to be 
 the same with the modern ^lowance of 
 primaffe. Bouvier. But see Molloy de 
 Jur. Mar. 305. 
 
HAXI 
 
 (13) 
 
 HAY 
 
 HAUBER. 0. Fr. [from Pr, AaM<, or 
 kuulti high, and ber, a baron.] A high 
 lord ; a meat baron. Spelman. 
 
 HAUBERGETTA. L. Lat. Haber- 
 jects or haubeijects ; a kind of cloth men- 
 tioned in Magna Charta, Una [sit] lati- 
 tvdo pannorv/m tinetorwm, riissatoTum, et 
 Tiaubergettormn^ sc. duce ulnce infra listas ; 
 [there shall be] one breadth of dyed cloths, 
 russets, and hauberjects, to wit, two ells 
 within the lists. Magrui Charta, 9 Hen. 
 III. c. 25. The charter of King John 
 (e. 35,) has halberffettorum. 
 
 HAUBERGETTUM. L. Lat. In old 
 English law. A coat of mail or hauberk. 
 Fleta,, lib. l,c. 24, § 12. It seems to have 
 been distinguished from lorica. Id. 
 ibid. Spelman writes the word hauber- 
 ffellum. 
 
 H AUBERT. L. Fr. A coat of mail ; 
 a haabergeon. Co. Litt. 108 a. Spelman. 
 Skene de Verb. Sign. Servitium hauberti- 
 cum ; military servijee. Co. Zitt. ub. sup, 
 Wright on Ten. 144, andnota Se&Fief 
 d'Jiaicbert. 
 
 HAULT, Salt, Haul. L. Fr. [ftom 
 Lati aZtes, high,] High. Le hwult strete ; 
 the high street or highway. Yearb. M. 
 19 M. n. 842. Thel, Dig. lib. 10, o. 
 11,^8. SeeHaut, 
 
 Forcible or efiScacious in law. Ci hault 
 barre ; so high a bar. Stat. Mod. Lhi. 
 Fines. 
 
 HATJR. In old English law; Hatred, 
 Uj. Gul. Conq, c. 1ft. 
 
 HAURIRE. Lat. In the civil law. 
 To draw (water.) Big. 8. 3. 3. 3. Fhta, 
 lib. 4, c. 27, § 8. 
 
 HATJSTUS. Lat. [from AawMW, to 
 draw.] In the civil law. Drawing; the 
 drawing of water ; the right of drawing 
 water. Qui habet haustmn, iter quoque 
 habere videtur ad hauriendum ; he who has 
 the right of drawing, seems also to have a 
 right of way for the purpose of drawing. 
 IHg. 8. 3. 3. 3. Guicunque coneeditur 
 haustus, ei coneeditur iter ad fontem et ac- 
 cessus ; to whomsoever is granted the right 
 of drawing water, to him also is granted a 
 rigiht of way and access to the spring, 
 Fleta, lib. 4, c. 2.7, § 9. 
 
 nM5% Haute. L. Fr. In old English 
 law. High. Haut et bos ; high and low. 
 Ft de euz tailler hoMt et bas ; and to tax 
 them high and low. Tearb, P, 1 Edw. 
 IL 4. 
 
 HAUT CHEMIN. L, Fr. Highway. 
 Yearb.M.. 4 Hen. VI 4, 
 
 HATJTESraET. L.Fr. High street; 
 highway. Yearb. P. 11 Hen. VI. 2. 
 HAUTJtrSTICIER. See High Jus- 
 
 HAUTE JUSTICE. L. Fr. High 
 justice. Hault jusUeei Bacon's Works, 
 iv. 298. See High justice. 
 
 HAVE. Lat. A form of the salutatory 
 expression Ave, used in the titles of some 
 of the constitutions of the Theodosian and 
 Justinianean codes. See Cod. 7. 62. 9. 
 Id. 9. 2. 11. 
 
 To HAVE. [Lat. habere.] To possess 
 corporally. " No one, at common law, was 
 said to hixvej or to be in possession of land, 
 unless it were conveyed to him by the livery 
 of seisin, which gave him the corporal in- 
 vestiture and bodily occupation thereof." 
 Blackst. L. Tr. 113. 
 
 T<y HAVE AND TO HOLD. A com- 
 mon phrase in conveyancing, derived from 
 the luibendum, et tenendum of the old com- 
 mon law. See Habendum et tenendum. 
 
 HAVEDELOND. [Sax. heafodlmid?] 
 In old records. A headland. Paroch. 
 Antiq.SST. Cowell. 
 
 HAVEN. A place of a large receipt 
 and safe riding of ships, so situate and se- 
 cured by the land circumjacent, that the 
 vessels thereby ride and anchor safely, and 
 are protected by the adjacent land from 
 dangerous or violent winds; as Milford 
 Haven, Plymouth Haven, and the like. 
 Hale de Jur. Mar. pars 2, c. 2. 
 
 HAW. [Sm, hagh; L. Lat. haga, 
 q. v.] In old English law. A house. 
 PVaxit. temp. Edw. L & IL MS. Cmuell. 
 Blount. 
 
 A small quantity of land lyii^ near a 
 house. Cowell. Mount. 
 
 H AWGH, B&uigh. In old English law, 
 A valley, Co. Mtt 5 b. 
 
 HAWKERS. Persons who carry goods 
 about from place to place for sale. A 
 term applied, from an early period, to 
 those persons who went about from place 
 to place, buying and selling merchandise 
 which ought to be uttered in open market. 
 Stat. 2S Hen. VHL c. 6, and 33 Hen. VIIL 
 c. 4. Supposed to be derived from the 
 uncertain wanderings of such persons, 
 like those who, with hawks, seek their 
 game where they can find it. Cmjoell. 
 Blount. 
 
 HAY. [L, Fr. haye; L, Lat, haia, 
 haya.] In old English law. A hedge, 
 Cowell. See Haia. 
 
 A piece of ground enclosed with a 
 
HEA 
 
 (14) 
 
 HEA 
 
 hedge ; an enclosure in forests and parks. 
 Blount. 
 
 HAYA. L. Lat. In old Englisli law. 
 A hay ; an enclosure, or a piece of ground 
 enclosed. See Say. 
 
 A hedge. Meta, lib. 1, c. 24, § 8. See 
 ffaia. 
 
 HAYBOTE, Seyhote. [from Fr. haye, 
 a hedge, and Sax. bote, an allowance.] 
 Hedgebote ; an allowance of wood to a 
 tenant for repairing his hedges or fences. 
 2 Bl. Com. 35. See Hedgebote, Haiebote, 
 Heybote. 
 
 HAYWAED, Haward, Heyward. 
 [from Fr. hay, a hedge, and ward or gard, 
 keeping.] In English law. An oflScer 
 who keeps the common herd or cattle of a 
 town ; so called, because one part of his 
 office is to see that they neither break nor 
 crop the hedges of enclosed grounds. Cow- 
 ell. Blount. Kitch. 56. See Heyward. 
 A similar office is retained in the tTnited 
 States, but the name is generally corrupted 
 to koward, as in hog-howard. 
 
 HAYWARE. L. Lat. In old English 
 law. To make a hedge. Fleta, lib. 2, c. 
 48, § 3. 
 
 HAZAEDOrS CONTRACT. See 
 Aleatory contract. 
 
 HEAD. [Lat. caput, q. v.] The upper 
 part ; the beginning or source. The head 
 of a creek means the source of the longest 
 branch, unless general reputation had given 
 the appellation to another. 2 Bibb's JR. 110. 
 
 HEADBOROXJGH. See Headborow. 
 
 HEAD OF A FAMILY need not neces- 
 sarily be a husband or a father. 20 Mis- 
 souri B. 75. 
 
 HEADBOROW, Headborough. [from 
 Sax. heafod, head, and borgh, a pledge.] 
 In Saxon law. A chief pledge, (capitalis 
 plegius ;) the head or principal man of a 
 frank pledge, decennary or tithing ; called 
 also borowhead, borwealder, borghieaJder, 
 borsholder, tithingman. Spelman. 1 Bl. 
 Com. 114. The other nine pledges were 
 called handborow, (q. v.) 
 
 In modern law. A constable. Termes 
 de la Ley. Willcock on Constables. 
 
 HEADLAND. [L. Lat. caputium, che- 
 vitia, caput terrce.'] A slip of unploughed 
 land left at the head or end of a ploughed 
 field; otherwise called a butt. Litt. R. 13. 
 2 Leon. 70, case 93. See Butts. " The 
 headlands were only large enough to turn 
 the plough upon." Bunb. 284, case 260. 
 
 HEADSILVER. See Common Jine. 
 
 HEAFOD. Sax, Head. 
 
 Halsfang, 
 
 HEALSFANG. 
 Sax. [from hals, neck, and fangen, 
 grasp ; L. Lat. collistrigium, q. v.] 
 
 Healfang, 
 to 
 In 
 Saxon law. The piUory ; an engine of 
 punishment by which the neck of the oflfen- 
 der was enclosed and secured between two 
 boards, so that the head could not be 
 drawn out. Spelman. See Pillory. 
 
 A fine paid as a commutation for this 
 kind of punishment. LL. Canuti, MS. c. 
 64. LL. Hen. I. c. 12. Spelmun. 
 
 HEALTH. [Lat. salus.] Freedom 
 from sickness or suffering. The right to the 
 enjoyment of health is a subdivision of 
 the right of personal' security, one of the 
 absolute rights of persons. 1 Bl. Com. 
 129, 134. As to injuries affecting health, 
 see 3 Id. 122. 
 
 HEAPED MEASURE. That kind of 
 measure in which the commodities meas- 
 ured are heaped above the top of the ves- 
 sel containing them.* By the Revised 
 Statutes of New-York, it is provided that 
 all commodities sold by heaped measure 
 shall be duly heaped up in the form of a 
 cone, the outside of the measure by which 
 the same shall be measured, to be the ex- 
 tremity of the base of such cone, and such 
 cone to be as high as the articles to be 
 measured will admit. 1 Rev. St. [608,] 
 618, § 21, [16.] 
 
 HEARING. In equity practice. That 
 stage of proceeding in a cause, which cor- 
 responds to the trial of a cause at law ; 
 the hearing of the arguments of the coun- 
 sel for the parties upon the pleadings, or 
 pleadings and proofs. 2 DanielVs Chanc. 
 Fract. 1176, (Perkins' ed.) 1 Barbour's 
 Chanc. i?r. 316. 
 
 HEARSAY EVIDENCE. Evidence of 
 what others have been heard to say ; testi- 
 mony from the relation of third persons ; 
 second-hand, as distinguished from original 
 evidence.* 1 Gfreenl. Evid. § 98. 
 
 The term hearsay evidence is used with 
 reference both to that which is written, and 
 to that which is spoken. But, in its legal 
 sense, it is confined to that kind of evi- 
 dence which does not derive its effect solely 
 from the credit to be attached to the wit- 
 ness himself, but rests also, in part, on the 
 veracity and competency of some other 
 person from whom the witness, may have 
 received his information. 1 Greenl. Evid, 
 ub. sup. 1 Phillipps on Ev. 185. 
 
 HEARTH MONEY. A tax of two 
 shillings upon every hearth in England, 
 granted to the Mng by statutes .13 & 14 
 
HEI 
 
 (15) 
 
 HEI 
 
 Car. II. c. 10. Abolished by statute 1 W. 
 & M. St. 1, c. 10. 1 Bl. Com. 324, 325. 
 See Chimney money, Fuage. 
 
 HEARTH SILVER. In English law. 
 A species of modus or composition for 
 tithes. Anstr. 323, 326. 
 
 H'EAS. The contracted fonn of wri- 
 ting habeas, in the old court hand, in the 
 court of king's bench. Towns, PI. 166. 
 1 Inst. Ckr. 10. 
 
 HEBBERMAN. A kind of poacher, or 
 unlawful catcher of fish on the river Thames. 
 So called because they commonly fished at 
 ebbing water. Cowell. Blount. 
 
 HEBBERTHEF. In Saxon law. The 
 privilege of having the goods of a thief and 
 the trial of him, within a certain liberty. 
 Cart. S. Edmundi, MS. fol. 163. Cowell. 
 
 HEBDOMADA. Lat. [from Gr. i/3- 
 Jojias.] A week ; a space of seven days. 
 
 Hebdomadius ; aweek's-man ; the canon 
 or prebendary in a cathedral church, who 
 had the peculiar care of the choir, and the 
 offices of it for his own week. Cowell. 
 
 HEDA. L. Lat. In old EngUsh law. 
 A port or haven. Bomssday. Spelman. 
 
 A hithe, wharf or landing place. Id. 
 Cartular. Abbatice de Radinges, MS. fol. 5. 
 Cowell. 
 
 HEDAGIUM. L. Lat. [from heda, 
 q. v.] In old records. A toll or custom 
 paid at a hithe, or wharf for landing goods. 
 Cartular. Abbatice de Hadinges, MS. fol. 7. 
 Cowell. 
 
 HEDGE-BOTE. An aUowance of wood 
 for repairing hedges or fences, which a 
 tenant or lessee has a right to take off the 
 land let or demised to him. 2 Bl. Com. 
 35, CsAlei fence-bote, in Livingston v. Ten 
 Broeck, 16 Johns. R. 15. 
 
 HEIER. Sax. An heir. Spelman. 
 
 HEIMENIUM. L. Lat. A hayment, 
 or hedge fence. Blount. 
 
 HEINFAR, Heinfare, Sainfar, Hamfare. 
 Sax. [from hein, or hine, a servant, and/ar, 
 ovfare, a journey or passage.] In Saxon 
 law. The departure, flight, escape or loss 
 of a servant. Spelman. 
 
 A fine paid for killing a man. Domes- 
 day. Spelman. 
 
 The right pf taking cognizance of such 
 an offence. Id. ibid. 
 
 HEIR. [Sax. heier ; L. Fr. heire ; Lat. 
 hcBresil One who, upon the death of an- 
 other, acquires or succeeds to his estate by 
 right of blood, and by operation of law.* 
 The person who takes an estate in lands or 
 tenements by descent from another, as dis- 
 
 tinguished from an alienee, who takes by 
 deed, and a devisee, who takes by will.* 
 He upon whom the law casts his ancestor's 
 estate immediately on the death of the an- 
 cestor.* 2 Bl. Com. 201. He to whom 
 lands, tenements or hereditaments, by the 
 act of God and right of blood, do descend, 
 of some estate of inheritance. Co. Lift. '7 b. 
 
 HEIR APPARENT. An heir whose 
 right of inheritance is indefeasible, provid- 
 ed he outlive the ancestor ; as, in England, 
 the eldest son or his issue, who must, by 
 the course of the common law, be heir to 
 the father whenever he happens to die. 2 
 Bl. Com. 208. 1 St^h. Com. 358. 
 
 HEIR PRESUMPTIVE, The person 
 who, if the ancestor should die immedi- 
 ately, would, in the present circumstances 
 of things, be his heir ; but whose right of 
 inheritance may be defeated by the con- 
 tingency of some nearer heir being bom ; 
 as a brother or nephew, whose presumptive 
 succession may be destroyed by the birth 
 of a chUd. 2 Bl. Com. 208. 1 Steph. 
 Com. 358. 
 
 HEIR AT LAW, or HEIR GENERAL. 
 He who, after his ancestor's death, has a 
 right to all his lands, tenements, and heredi- 
 taments. Whishaw. One to whom the 
 law gives the inheritance, on account of his 
 proximity of blood. 1 Forbes' Inst, part 
 3, p. 76. 
 
 HEIR SPECIAL. In English law. 
 The issue in tail, who claims per for mam 
 doni, bv the form of the gift. 
 
 HEIR BY CUSTOM. In English law. 
 One whose right of inheritance depends 
 upon a particular and local custom, such as 
 gavelkind or borough english. ■ Co. Lift. 140 
 
 HEIR BY DEVISE. One to whom 
 lands are devised by wiU ; a devisee of 
 lands. Answering to the hoeres /actus, 
 (q. V.) of the civU law. 
 
 HEIR. In Scotch law. The person 
 who succeeds to the heritage, or heritable 
 rights of one deceased. 1 Forbes' Inst. 
 part 3, p. 75. The word has a more ex- 
 tended signification than in English law 
 comprehending not only those who succeed 
 to lands, but successors to personal proper- 
 ty also. Wharton's Lex. See BeWs Diet. 
 Heirs are distinguished into various kinds, 
 as, 
 
 Heir institute. One to whom the right 
 of succession is ascertained by disposition 
 or express deed of the deceased. 1 Forbe^ 
 Inst. ub. sup. 
 
 Heir at law. One to whom the law 
 
HEI 
 
 (16) 
 
 HEI 
 
 gives the inheritance^ on account of his 
 proximity of blood. Id. 76. The person 
 ■who succeeds to the property of a person 
 deceased. So termed, because he succeeds 
 according' to the disposition of the law. 
 BeWsDiet. 
 
 Hdr of taileie, in general. He on whom 
 an estate is settled, that would not have 
 fallen to him by legal sucoessioni 1 Forbes^ 
 Inst, part 3, p. 75. 
 
 Seir male. An heir institute, who, 
 though not next in blood to the deeeaeed, 
 is his nearest male relation that can suc- 
 ceed to him. Id. 76. 
 
 Heir (^provision. One who succeeds as 
 heir, by virtue of a particular provision in 
 a deed or instrument. Wharton's Lex, 
 
 Meir substitute, in a bond. He to whom 
 a bond is payable expressly in case of the 
 creditor's decease, or after his death. 1 
 Forbes' Inst, part 3, p. 76. 
 
 Heir of line. One who succeeds lineally 
 by right of blood ; one who succeeds to 
 the deceased in his heritage ; i. e. lands 
 and other heritable rights derived to him 
 by succession as heir to his predecessor. 
 Id. 77. An heir at law is so tenned, be* 
 cause he succeeds according to certain lines 
 of propinquity. BelVs Diet. 
 
 Heir of conquest. One who succeeds to 
 the deceased in conquest, i. e. lands or 
 other heritable rights to which the deceased 
 neither did or conld succeed as heir to his 
 predecessor. Id. ibid. One who succeeds 
 to lands acquired by purchase. Bell's Diet. 
 
 Heir general. An heir who generally 
 represents the deceased, and succeeds to 
 every thing not specially provided to other 
 heirs; another name for an heir at law. 
 Called also heir whatsoever, or whomsoever. 
 Id. 76, 77. Bell's Diet. 
 
 HEHl-LOOM, Heir-lome. [from Sax. 
 heier, heir, and leoma, a limb, or member ; 
 L. Lat. hcereditarium, principalium,.'\ In 
 English law. A personal chattel which 
 goes by special custom to the heir, along 
 with the inheritance, and not to the execu- 
 tor or administrator of the last proprietor. 
 Literally, a limb or member of the inheri- 
 tance. 1 Williams on Fxec. 606, The 
 old authorities generally confine the appli- 
 cation of this term to articles of household 
 furniture, or " dead chattels moveable." 
 Bro. Abr. Discent, pi. 43. T'ermes de la 
 Ley. But Lord Coke mentions fish in a 
 pond, deer in a pari, and doves in a dove- 
 house, as chattels which go with the in- 
 heritance. Co. Litt, 8 a. Spelman de- 
 
 fines an heir-loom to be " any utensil of the 
 stronger or more ponderous kind, which is 
 not easily separated from a house, and 
 therefore, by the custom of some places, 
 passes to the heir as a member of the in- 
 heritance ;" {pmn& utensile robustius quod 
 ah cedibus rum facile revellitur, ideoque, ex 
 more quorundam loeorum, ad hceredem tran- 
 sit tanquam memhrum heereditatis.) And 
 Blackstone observes that heir-looms are 
 generally such things as cannot be taken 
 away without damaging or dismembering 
 the freehold. 2 Bl. Com. 427. But in 
 modem law, they are clearly distinguished 
 from fixtures. 1 Williams' Meec. 607. 2 
 Kent's Com. 343. Charters or deeds relar 
 ting to the inheritance, are in the nature of 
 heir-looms, and follow the land to which 
 they relate^ 1 William^ Fxee. 609. 
 
 In the United States, heir-looms, as such, 
 are for the most part unknown. 1 Hil- 
 liard's Seal Prop. 50. 
 
 HEIES. A word used in deeds of con- 
 veyance^ (either solely, or in connection with 
 others,) where it is intended to pass a fee ; 
 
 as, " to , and his heirs ;" at, " to , 
 
 his heirs and assigns;" or, "to , his 
 
 heirs and assigns forever." At common 
 law, this is a necessary word of conveyance 
 where the estate is to be created by deed. 
 The limitation to the heirs must be made 
 in direct terms, or by immediate reference, 
 and no substituted words of perpetuity, 
 except in special cases, will be allowed to 
 supply their place, or make an estate of 
 inheritance in feoffments and grants. Litt. 
 sect. 1. 4 ITenfs Com. 5. 2 Bl. Com. 
 107. 1 SUph. Com. 223. 2 Crabb's Real 
 Prop. 12, § 955. Thus, if a man purcha- 
 ses lands " to himself forever," or " to him 
 and to his assigns forever," he takes but an 
 estate for life; TTiough the intent of the 
 parties be ever so clearly expressed in the 
 deed, a fee cannot pass witiiout the word 
 heirs. Holt, C. J. 6 Mod. H. 109. Even 
 the word heir, in the singular, according to 
 Lord Cok^i is- insufficient. Co. Litt. 8 b. 
 4 Kent's Com. 5, note. 1 Hilliard's Real 
 Prop, 605, 606. The special cases which 
 form exceptions to this rule are enumerated 
 by Blackstone. 2 Bl. Com. 107, 108. 
 And see 4 Kenfs Com. 6, 7. In wills, a 
 fee will pass without the word heirs, if the 
 intention to pass a fee can be clearly ascer- 
 tained from the wUl, or a fee be necessary 
 to sustain the charge or trust created by- 
 the will. Id. ibid. 2 Crabb's Real Prop. 
 14, § 958. 
 
HEN 
 
 (17) 
 
 HER 
 
 In some of the United States, (as Vir- 
 ginia, Kentucty, Tennessee, Mississippi, 
 Missouri, Alabama, and New-Yort,) the 
 word heirs, or other words of inheritance, 
 are no longer requisite to create or convey 
 an estate in fee, either in grants or devises 
 of lands. In other states, (as New-Jersey 
 and North Carolina,) the provision is con- 
 fined to wills. See 4 Rents Com. 7, 8, and 
 notes. 1 Hilliard's Real Prop. 609. 9 
 Grattan's B. 479. 6 Ohio St. B. 481. 
 Oode of Tennessee, (ed. 1858,) § 2006. 
 
 " HEIRS," ia a will, is sometimes con- 
 strued to mean " children." 2 Jarman on 
 Wills, 23, (16, Perkins' ed.) 2 St(yry's 
 Eq.Jur.% 1065 b. The word "heirs," 
 when applied, in a will, to personal property, 
 means those who take by law or under the 
 statute of distributions. 2 Jonei Eq. 
 B. 28. 1 Id. 114, 221. See 6 Bichard- 
 smCs Eq. i2. 26. 3 Ohio B. (N. S.) 
 369. 
 
 "HEIRS" and "HEIRS OF THE 
 BODY," when words of limitation and 
 when of purchase, see 4 Rents Com. 215 
 — 283. 17 Georgia i2. 81. 5 Indiana 
 5.283. ^ Selden^s B.^\^. 
 
 HEIRSHIP MOVEABLES. In Scotch 
 law. The moveables which the law with- 
 holds from the executors or nearest of kin, 
 and gives to the heir, that the heir may 
 not succeed to a house and land completely 
 dismantled. BelVs Bid. 
 
 HENGHAM. ' The reputed author of a 
 Latin treatise in two parts,- entitled Summa 
 Magna and Summa Parva, (great and 
 small sum, or summary,) which Mr. Reeves 
 calls a collection of notes relating to pro- 
 ceedings in actions. It is said to have 
 been translated into English in the time of 
 Edward II. or Edward III., and was pub- 
 lished by Mr. Selden with some original 
 notes of his own. Ralph de Hengham, 
 the author, was Chief Justice of the King's 
 Bench in the reign of Edward I., but was, 
 for misconduct, degraded from his ofiSce, 
 with many other justices of the period, and 
 heavily fined. 2 Beeves' Hist. Eng. Law, 
 281. GraAVs Hist. .199. Bridgman^s 
 Leg. Bihliog. Spelman, voc. Justitia. 
 Raulf de Ingham is referred to as an au- 
 thority, in Yearh. M. 3 Edw. IIL 37. 
 
 HENGHEN. [Sax. hengcen, hengenne.^ 
 In old English law. A prison, a place of 
 confinement, (career ;) a house of correc- 
 tion, (ergastulum.) Ponatur in hengen, et 
 ibi sustineat.' LL. Hen. I. c. 65. Thonne 
 gebuga he hengen & thcere abid. LL, Canut, 
 
 Vol. n. 
 
 c. 32. He shall be put into prison, and 
 there abide, &c. Spelman. 
 
 HENGWYTE. Sax. In old English 
 law. An acquittance from a fine for hang- 
 ing a thief. Fleta, lib. 1, c. 47, § 17. See 
 Hangwite. 
 
 HENRICUS VETUS. L.Lat. Henry 
 the old, or elder. King Henry Lis so 
 called in ancient English chronicles and 
 charters, to distinguish him from the sub- 
 sequent kings of that name. Spelman. 
 
 H'ENS. A contraction of habens. 1 
 Inst. Oler. 10. H^ent; a contraction of Aa- 
 bent. Id. ibid. 
 
 HEPTARCHY, [from Gr. hrrA, seven, 
 and dpx,)!, government.] The name usually 
 given to the seven kingdoms of Kent, Sus- 
 sex, Essex, Wessex, East Anglia, Mercia, 
 and Northumberland, established by the 
 Saxons on their settlement in Britain. 4 
 Bl. Com. 410. According to some, eight 
 kingdoms were established, to which the 
 name of octarchy has been given. 1 
 SpencSs Chancery, 4, c. 1. 
 
 HERALD. [L. Lat. heraldus, heroldus ; 
 L. Fr. herhault, heraud, heroud, haraz, of 
 uncertain etymology.] An officer at arms 
 in England, whose duties, in modem times, 
 principally relate to the superintendence 
 and management of public pageants and 
 solemnities,'as coronations, royal marriages, 
 funerals, <fec., and the preservation of ge- 
 nealogies and coat armour. See Heralds' 
 College. 
 
 HERALDS' COLLEGE, (or COL- 
 LEGE OF ARMS.) An ancient royal 
 corporation in England, instituted in the 
 first year of the reign of Richard III. A. D. 
 1483 ; consisting of three kings of arms, 
 six heralds and four pursuivants, together 
 with the earl marshal of England and a 
 secretary. The records of this college con- 
 tain abundant sources of genealogical evi- 
 dence. See these enumerated in Hubback's 
 Evidence of Succession, 538 — 566. 
 
 HERBA. Lat In old EngUsh law. 
 A plant; a weed. Herba exotica; tea. 
 Bunb. 254. 
 
 Herbx dampnosce ; noxious weeds. Fleta, 
 lib. 2, c. 81, § 1. 
 
 HERBAGE. L. Fr. and Eng. [L. Lat. 
 herbagium.'] The produce or vesture of 
 land, which is fed upon by cattle, {yestura 
 terrce quce dentibus animalium decerpitur.) 
 Spelman, voc. Herbagium. 
 
 The right or liberty of feeding cattle in 
 another's ground, as in forests. Id. I 
 Chitt. Gen. Pr. 181. Blount. 
 
HER 
 
 (18) 
 
 HEE 
 
 HERBAGITJM. L. Lat. In old re- 
 cords. Herbage ; the tight to herbage ; 
 the right of pasturage. Spelrncm. Fleta, 
 lib. 4, c. 19, § 9. Liberum lierba^ium ; 
 free herbage. Blount, voc. Herbage. Her- 
 bagium anterius ; the first crop of grass or 
 hay, in opposition to aftermath and seccAd 
 cutting. K^nnetfs Paroch. Antiq. 45®, 
 Cowell. 
 
 HERBERGARE, Herbigare. L. Lat. 
 In old English law. Tb harbor; to en- 
 tertain. Cowell. Herbergatttis ; entertained ; 
 spent at an inn. Blount. Ad MtMgwn- 
 dwm. Cowell. See Heriberjare. 
 
 Herbergagmm. A lodgmg for guests. 
 Blouni. 
 
 HERBERGER. L. Fr. To lodge. JEt 
 que tiels ne se herbergent trope sovent enun 
 lieu ; and that such do not lodge too often 
 in one place. Artie, sup. CKart. c. 13. 
 
 To entertain. Son hoste que il dvera 
 herberge plus de deux nuytz ensemble ; his 
 guest whom he shall have entertained more 
 than two nights together. Britt c. 12. 
 
 HERCIA. L. tat. In old English 
 law. A harrow. Fleta, lib. 2, cc. 77, 84. 
 
 HERCIARE. L. Lat. [Fir. hercer.] 
 In old English law. To harrow. Arabant 
 et herciebant ad curiam domini ; they 
 ploughed and harrowed at the lord's ma- 
 nor. 4 In^t. 2l0. See Arabant. 
 
 HERCIATURA. L. Lat. [from hercia, 
 a harrow.] In old English law. Harrow- 
 ing ; work with a harrow. Fleta, lib. 3, 
 c. 82, § 2.- 
 
 HERCISOERE, Frciseere. L. Lat. To 
 divide orpartition. The more common form 
 is erciscere, (q. v.) 
 
 HERCISCUNDA, Frciscunda. Lat. 
 [partioip. of herciscere, q, v.] In the civil 
 law. To be divided. Fatrdlia herciscun- 
 da ; an inheritance to be divided. Actio 
 familim herciscundce ; an action for divid- 
 ing an inheritance. Frciscunda is more 
 commonly used in the civil la'w. Dig. 10. 
 2. Inst. 3. 28. 4. Jd. 4. 6. 20. Id. 4. 
 17. 4. Herciscundu is used by Bracton. 
 Bract, fol. 443 b. This is translated in 
 Britton by the barbarous and unmeaning 
 word hertescum.be, Britt. c. 71, (fol. 183 
 b, Wingate's ed.) The whole phrase, aetio 
 familioe herciscundce, is unintelligibly ren- 
 dered in the same passage, " aecion de la 
 mone dame rfefertocumJe," which Wingate 
 proposes to amend by reading " accion de 
 lameinela Dame de Hertescombe." (!) 
 
 In a note by Wenct to the German edi- 
 tion of Gibbon's Decline and Fall of the 
 
 Boman Fmpire, (c. 44,) it is said that this 
 word has never existed, and that Cujacius 
 is lihe author of it, who read the words 
 terns condi in Servius ad Virg.herciscuruM. 
 Frciscunda, however, which is essentially 
 the same word, not only occurs repeatedly 
 in the text of the civil law, but is used by 
 Cicero himself, and inay be traced to the 
 XII Tables. Cic. de Orat. i. 56.' 
 
 HERDEWICH, Hefdevnc, Hardewice. 
 [from Sax. herd, a herd, and wice, a place 
 olr habitation.] In old English law. A 
 grange, or place for caMe and husbandry. 
 Blount. 3 Man. Angl. cited iMd. 
 
 A herdsman's village. D&nesdajg. Cow- 
 ell, voc. Herdwice. 
 
 B.WiJm'E&QB., Beordwerch. Sax. In 
 old records. Herdsman's work, or custom- 
 ary labors done by shepherds, herdsmen, 
 and other inferior tenants, at the will of 
 their lord. Begist. Feci. Christ. Cant. 
 MS. A. D. 1166. Cowell. 
 
 H'ERE. A contraction of Habere. 1 
 Inst. Cler. 10. 
 
 HERE, Hvrge. Sax. An army, {exef- 
 citus.) Spelmim. 
 
 An assemblage of more than thirty-five 
 persons. LL. luce, c. 13. Seeffhth. 
 
 Weapons and habiliments of war. Xajn- 
 bard, apud Spelman, voc. Herebtum. 
 
 HEREBANNUM, Heribarmum, Ewri- 
 bannum, Arribannum. L. Lat. [from Sax. 
 here, an army, and bannum, an edict, pro- 
 clamation, fine.] In early European liaw. 
 The calling out of an army by proclama- 
 tion, {indictio exercit'dts.) Spelman. See 
 Aribannum. 
 
 A fine for not joining the army when 
 summoned^ (mulcta non ambulantis in exer- 
 citum evoeati.) Capitul. Caroli, lib. 3, 
 c. 67. Spelman. LL. Longob. lib. 1, tit. 
 14, § 13. 1 Sobertson's Charles Y. At^- 
 pendix. Note viii. This was imposed upon 
 the liberi homines, or freemen. Id. ibid. 
 
 A tribute or subsidy paid for the sup- 
 port of an army, (Sax. hefegeM.) Spel- 
 man. 
 
 HEREDAD YACENTE. Span. [ from 
 Lat. hcereditas jaeens, q. v.] In Spanish 
 law. An inheritance not yet entered upon 
 or appropriated. White's New Itecop. b. 
 2, tit. 19, c. 2, § 8. 
 
 HEREDITAGIUM. L. Lat. In Sici- 
 lian and Neapolitan law. That which is 
 held by hereditary right ; the same with 
 hereditamentum {hereditament) in English 
 law. Const. Sicul. lib. 3, tit. 15. Spelman. 
 
 HEREDITAMENT. [L. Lat. hteredi- 
 
HER 
 
 ( 19 ) 
 
 HER 
 
 tamentum.'] That -wHcli may be inherited ; 
 every thing which passes to the heir by 
 hereditary right, (pmne quod jure hmredita- 
 rio ad hceredem transeat.) Spelman, voc. 
 MfBreditamentum. This is by far the larg- 
 est and most comprehensive expression 
 by which things -real can be described, as 
 it includes not only lands and tenements, but 
 whatsoever may be inherited, be it corpo- 
 real or incorporeal, real, personal or mixed. 
 Co. Liu. 6 a. Shep. Touch. 91. 2 Bl. 
 Com. 17. Thus, an heir-loom, or imple- 
 ment of furniture which by custom descends 
 to the heir, together with a house, is 
 neither land nor tenement, but a mere 
 moveable, yet, heing inheritable, is com- 
 prised under the general word hereditct- 
 ment ; and so a condition, the benefit of 
 which may descend to a man from his an- 
 cestor, is also an hereditament. Id. ibid. 
 3 Go. 2 b, Winohester's case. heredita- 
 ment is a word almost as comprehensive as 
 property. 3 Kenfs Com. 401. And it is 
 under this term that the subjects of real 
 property have been usually arranged ; be- 
 ing divided into corporeal and meerporeal. 
 1 Sleph. Com. 159. 1 Crabb's Heal Prop. i. 
 See Corporeal hereditaments, Incorporeal 
 hereditaments. 
 
 HEREDITAS. See Ecereditas. 
 
 HEREF. The abbreviation of Eere- 
 fordshire, in old English pleadings and re- 
 cords. Towns. PI. 157. 1 Insir. Cler. 
 28. 
 
 HEREFARE. Sax. [from here, an 
 army, and fare, a going.] A going into, 
 or with an army; a going out, to war, 
 (profectio militaris ;) an expedition. Spel- 
 man. 
 
 HEREGEAT. Sax. [from here, an 
 army.] In old English law. A heriot. 
 ZL. Canuti, Tp&v. I, c. 69. Spehnan. See 
 Heriot. 
 
 HEREGELD. Sax. [from here, m 
 army, and ^eZt^, a payment.] In old'Ejig- 
 lish law. A tribute or tax levied fo/ tfe 
 maintenance of an army. Spelntan: See 
 Heregeld. 
 
 HEREOTUM, Eeriotum; Eariotum. 
 L. Lat. In old English law. A heriot, or 
 hereot. Spelman. See Eeriot. Braeton 
 uses heriettum. (q. v.) ' 
 
 HERES. Lat. Heir; an heir. A 
 form of hceres, very common in the civil 
 law. See Eceres. 
 
 HERESCHIP. Sc. In old Scotch law. 
 Theft or robbery. 1 Pitc, Cr, Trials, 
 part 2, pp. 26, 89. 
 
 HERESY, [from Gr. ^ipeirif, a choice.] 
 In English law. An offence against reli- 
 gion, consisting not in a total denial of 
 Christianity, but of some of its essential 
 doctrines, publicly and obstinately avowed. 
 4 Bl. Com. 44, 45. Defined by Sir Mat- 
 thew Hale, iententia rerum divinarum hu- 
 mano sensu 4xcoffitata, palam docta, et per- 
 tinaciter defensa ; an opinion on divine 
 subjects devised by human reason, openly 
 taught, and obstinately maintained. 1 
 Eale's P. C. 364. This offence is now 
 subject only to ecclesiastical correction, 
 and is no longer punishable by the secular 
 law. 4 Bt^h. Com. 233. 
 
 HERETOCH. [Sax. heretoga, fropi 
 here, an army, and toga, to lead ; L. Lat. 
 heretochius.l In Saxon law. A leader or 
 commander of an army, on land or at sea, 
 (ductor exereit'Q.s, sive navalis sive terres- 
 tris ;) a constable, or marshal. Spelman, 
 voc. Eeretochius. 
 
 A dvke, (dux, a leader.) 1 Bl. Com. 
 397. Supposed to have been the title of 
 the ancient English earl, in his military 
 capacity. Crabb's Eist. Eng. Law, 17. 
 
 -On the conquest of Gaul by the Franks, 
 the Frank herizog superseded the diKc or 
 duke. He was a military Commander, but 
 also administered justice. Steph. Led. 46. 
 
 HERETUM. L. Lat. [frdm Sax. here, 
 an army.] In old records. A court or 
 yard for drawing up guards, or military 
 retinue. Cowell. 
 
 HEREZELD. [from Germ, hm, lord, 
 and Scot, zitd, a ^ft.] In Scotch law. A 
 gift or present made or left by a tenant to 
 his lord as a token of reverence. Skene 
 de Verb. Sign. voce. Eerezelda, Averia. 
 Spelman -thinks it to be a form oi heregeld, 
 (q. /.) A heriot. Id. 
 
 HERIBANNUM. See Eerebannum. 
 
 HERIBERGARE. L. Lat. [from Sax. 
 here, an army, and bergian, to protect or 
 defend.] In old European law. To pitch 
 a camp ; to receive or put an army in a 
 safe place. Spelman. 
 
 To receive an individual under one's pro- 
 tection ; to receive or entertain a traveller, 
 (hospitari.) Id. 
 
 HERIBERGUM. L. Lat. [See Eeri- 
 bergare.'] In early European law. A for- 
 tified camp ; a place for the safe reception 
 of an army. Spehmm. 
 
 Any place of reception or entertainment; 
 an inn, (hospitium.) Id. 
 
 HERIETTUM. L. Lat. In old Eng- 
 lish law. A heriot. Bract. foL 84, 86. 
 
HER 
 
 (20) 
 
 HER 
 
 Fleta, lib. 3, c. 18. Dyer, 199 b. See 
 Eeriot. 
 
 HERIOT, Harlot, Herioth, Sereot. \L. 
 Lat. heriotum, hereotum, hariotum, he- 
 riettum ; Sax. heregeat, from here, an army, 
 and geat, an expedition.] In Saxon law. 
 A payment or tribute in arms, or military 
 accoutrements, (militaris supellectilis prcss- 
 tatio,) made or due to the lord, on the 
 death of a tenant. Spelman, vbc. Hereo- 
 tum. Lamhard, ibid. Called also exerci- 
 tuale, (from exercitus, an army.) Oowell, 
 voc. Exercituale. Thus, by the laws of 
 Canute, the heriot of an earl was fixed at 
 eight horses, four with trappings and four 
 without ; four helmets, four coats of mail, 
 eight spears, and as many shields, four 
 swords, and two hundred pieces of gold. 
 LL. Sax. Canuii, par. 1, c. 69. These 
 were compulsory heriots. 2 Bl. Com. 4:23. 
 
 In early English law. A gift or legacy 
 made by a tenant to his lord, at his death, 
 of his best or second best beast, according 
 to custom. Bract, fol. 86. Tliis, accord- 
 ing to Braoton, was done as a mark of re- 
 spect to the lord, and was a matter of favor 
 rather than of right. Bract, uh. sup. See 
 FktcL, lib. 3, c. 18. And yet, in another 
 passage, Bracton observes that where a free- 
 man died suddenly and without a wUl, his 
 lord was entitled to his heriot. Id. fol. 
 60 b. Which shows that the heriot had 
 become, at that early period, a customary 
 tribute. 2 Bl. Com. 423, 424. 
 
 In modem English law. A customary 
 tribute of goods and chattels, payable to 
 the lord of the fee, on the decease of the 
 owner of the land. 2 Bl. Com,. 422. See 
 16 Mees. d; W. 1. This, (which is other- 
 wise called heriot custom,) is now confined 
 for the most part to copyhold tenures, and 
 is sometimes the best live beast, or averium, 
 which the tenant dies possessed of, some- 
 times the best inanimate good, under which 
 a jewel or piece of plate may be included, 
 but it is always a personal chattel, which, 
 immediately on the death of the tenant 
 who was the owner of it, being ascertained 
 by the option of the lord, becomes vested 
 in him as his property. 2 Bl. Com. 423, 
 424. 2 Steph. Com,. 48, 49. 1 Crabb's 
 Beal Prop. 632, § 809, et seq. This cus- 
 tom, Mr. Stephen observes, is now justly 
 considered as one of the most oppressive 
 circumstances which attend the modem 
 law of tenures. 1 Steph. Com. 210. 
 
 HERIOTH. A heriot. Bract. M.60h. 
 
 HERIREITA L. Lat. [from Sax. 
 
 here, an army, and ryt, a band.] In old 
 European law. A military band or com- 
 pany. L. Boior. tit. 3, c. 8, § 1. Spel- 
 man. 
 
 HERISCHULDA. Sc. In old Scotch 
 law. A fine or penalty for not obeying 
 the proclamation made for warfare. Skene 
 derives this word from Jierr, an army, and 
 schuld, a debt. 
 
 HERISLIT, Herisliz, Herislitz. [from 
 Sax. here, an army, and slit, or slice, a 
 breaking, or severing.] - In old European 
 law. A breaking off or separatipn from an 
 army, (diruptio exercitiis ;) the crime of 
 deserting from an army. Spelman. 
 
 HERISTAL. [from Sax. here, an army, 
 and stal, a station ; L. Lat. heristallus^ 
 The station of an army ; the place where a 
 camp is pitched. Spelman. 
 
 HERITABLE. In Scotch law. That 
 which may be inherited ; that which goes 
 to the heir, and not to the executor ; the 
 opposite of moveaible.* See infra. 
 
 HERITABLE BOND. In Scotch law. 
 A bond accompanied by a conveyance of 
 land, to be held as a security tor debt. 
 BelVs Diet. Jaxob. 
 
 HERITABLE JURISDICTIONS. In 
 Scotch law. Grants of criminal jurisdic- 
 tion, formerly bestowed on great families 
 in Scotland, to facilitate the administration 
 of justice. Dalrymple on Feuds, 292. 
 Bell's Diet. Abolished in effect by stat 
 20 Geo. IL c. 50. Id. Tomlins. 
 
 HERITABLE RIGHTS. In Scotch 
 law. . Rights of the heir ; rights to land, 
 or whatever may be intimately connected 
 with land ; answering to the realty of the 
 EngUsh law. BelFs Diet. Jacob. Whi- 
 shaw. 
 
 HERITAGE. In Scotch law. Land, 
 and all property, connected with land ; 
 real estate, as distinguished from move- 
 ables, or personal estate. BelVs Diet. 
 
 HERITOR. In Scotch law. A pro- 
 prietor of land. 1 Earnest Equity, pref. 
 
 HERMAPHRODITE. [Lat. herma- 
 phroditusI\ A person of doubtful sex, or 
 one supposed to possess the characteristics 
 of both sexes. 
 
 Hermaphroditus tarn musculo quam fce- 
 mince comparatur, secundum proevalentiam 
 sex&s incalesceniis ; an hermaphrodite is to 
 be considered male or female, according 
 to the predominance of sex. Bract, fol. 
 5. Fleta, lib. 1, c. 5, § 3. Co. Litt. 8. 
 This was probably taken from Dig. 1. 
 5. 10. 
 
HEY 
 
 (21) 
 
 HID 
 
 HERMOGENIAN CODE. See Codex 
 Hermogmianus. 
 
 HERNEStUM, Hemasium. L. Lat. 
 [from Teut. hamas, harness.] In old Bng- 
 lisli law. The furniture oif a house or table. 
 Girald. Camhr. apud Wharton. Angl. Sac. 
 Oowell. 
 
 The tacMe or rigging of a ship. Plac. 
 Pari. 22 Edw. I. Cowell. Blount. 
 
 HEROUD, jgeraMrf. L. Fr. A herald. 
 Spelman, voc. Seraldus. 
 
 HERPEX. Lat. A harrow. Spelman. 
 
 HERPICATIO. L. Lat. [from herpex, 
 q. v.] In old English law. A day's work 
 with a harrow. Spelman. 
 
 HERPSAC. Sax. A place of immu- 
 nity. Blount, voc. Frodmortel. 
 
 HERSCHILDT. Sax. [from her, an 
 army, and ichildt, a shield.] In Saxon law. 
 Military service ; scutage. Spelman. 
 
 HERTESCUMBE. A word used in 
 Britton (o. 61,) to express the Lat. hercis- 
 cundoe, the meaning of which was obviously 
 not understood. ■ This goes to show that 
 the ignorance of the civil law, to which 
 Blackstone alludes in the introduction to 
 his Commentaries, had begun to prevail in 
 England as early as the time of Edward I. 
 1 Bl. Com. 22. 
 
 HERUS. Lat. A master. Servusfacit 
 ut herus det ; the servant does [the work] 
 in order that the master may give [him the 
 wages agreed on.] 2 Bl. Com. 445. Herus 
 dat ut servus facit; the master gives [or 
 agrees to give, the wages,] in consideration 
 of, or with a view to the servant's doing 
 [the work.] Id. ibid. 
 
 HEST CORN. In old records. Corn 
 or grain given or devoted to religious per- 
 sons or purposes. 2 Mon. Angl. 367 b. 
 Cowell. 
 
 ■ H'ET. A contraction of habet in old 
 records. Towns. Pl.lQl. 1 Inst. CI. 10. 
 
 HET^RIA. Lat. In the Roman law. 
 A company, society or college. Plin. 
 Epist. X. 43, 94. 
 
 HEUVELBORH. Sax. [from healf, 
 half, and borh, a pledge or surety.] In old 
 English law. A surety, {warrantiis.) LL. 
 Gul. Crniq. 1. 25. ■ 
 
 HEYARE. L. Lat. In old English 
 law. To make a hedge. Si heyaverit vel 
 fossatum fecerit ; if he have made a he'dge 
 or ditch. Bract, fol. 159 b. 
 
 HEYBOTE, Haybote. [from Fr. haye, 
 a hedge, and Sax. bote, an allowance or 
 consideration.] In English law. A liberty 
 granted to a tenant, of cu'ttinig as much 
 
 underwood and bushes on the premises, as 
 was necessary for mending and maintaining 
 the fences or hedges. Kmnetfs Paroch. 
 Ant. 209. Cowell. Libertas hdbendi ra- 
 tionabile estoverium in bosco patroni, sicut 
 ad housbote et heybote, et ad ardendum et 
 hujusmodi; a liberty of having areasonar 
 ble estover in the wood of the patron, as 
 for housebote and heybote, and for burning 
 [&e bote,] and the like. Bract, fol. 408. 
 
 HEYLODE. In old records. A cus- 
 tomary burden upon inferior tenants, for 
 mending or repairing hays or hedges. 
 Cowell. 
 
 HEYNOTJSITE. L. Fr. Heinousness. 
 Yearb. M. 3 Edw. IIL 19. 
 
 HEYWARD. [from Sax. hig, grass, 
 or heg, a hedge, and weard, a keeper.] In 
 English law. One who takes care of the 
 pasturing of animals, (reipascuce curator;) 
 a herdsman. Spelman. The same pro- 
 bably as hayward, (q. v.) 
 
 HI L. Fr. There; thither. Kelham. 
 
 HIDA, Hyda^ L. Lat. In old English 
 law. Abide; a portion or measure of land. 
 Spelman. See Hide. 
 
 HIDAG-E, Hydage. [L. Lat. hidagium. 
 q. v.] In old English law. An extraor- 
 dinary tax payable to the king for every 
 hide of land; otherwise called hidegild. 
 Spelman, voc. Hida, See Hide. In rais- 
 ing taxes, it was an ancient custom to de- 
 scribe the kingdom by hides ; which Spel- 
 man thinks was introduced by King Ethel- 
 red, A. D. 1008. William the Conqueror 
 took from every hide in England six shil- 
 lings; and William Rufus, four shillings. 
 Florent. Wigorn. in an. 1084. Mat. Par. 
 in an. 1088. LL. Edw. Conf. c. 11. Spel- 
 man. Bracton mentions hidages among 
 those common payments which are not 
 called services, nor arise from custom, un- 
 less some necessity intervenes, or when the 
 king comes. Bract, fol. 37. See Fleta, 
 Ub. 3, c. 14, § 9. 
 
 The privilege of being quit or exempt 
 from the tax called hidage. Termes de la 
 Ley. 
 
 HIDAGIUM. L. Lat. [from hida, q. v.] 
 Hidage. Bract, fol. 37. See Hidage. 
 
 HIDALGO. Span, [from hijos, son, and 
 aJgo, property.] In Spanish law. A noble ; 
 a person entitled to the rights of nobility. 
 White's NewRecop. b. 1, tit. 5, c. 1. Id. c. 
 3, § 4, note. By hidalgos, are understood 
 men chosen from good situations in life {de 
 buenos lugures) and possessed of property, 
 {algo.) Id. ibid. 
 
HIG 
 
 (22) 
 
 HIG 
 
 HIDALGTJIA. Span. In Spanish law. 
 Nobility by descent or lineage. Whitens 
 New Recop. b. 1, tit. 6, c. 3, § 4. 
 
 HIDARE. L. Lat. [from hida, q. v.] 
 In old English law. To tax or assess land 
 by hides. Spelman, voc Hida. Jffidatris; 
 taxed. Id. ibid. 
 
 HIDE, M^de. [Sax. hyd, from hyden, 
 to cover, or hide: L. Lat. hida, hyda ; 
 Scqt. hilda.'l In old English law. A house 
 or dwelling ; a mansion or manse ; answer- 
 ing to the Latin tectum, a thing covered, or 
 roofed. Spelman, voc. Hida. Called by 
 the writers of the middle ages, mansum and 
 mansio. Id. 
 
 A portion of land sufficient for the sup- 
 port of one family ; called by Bede/ffl«w7io ; 
 including a house or hide, and lands be- 
 longing to it, called hydelandes. Spel- 
 man. 
 
 A quantity of land sufficient for the 
 working of one plough for a year, (portio 
 terrcB ad unius aratri pensum annuum suf- 
 fidens ;) or as much as could be ploughed 
 with one plough in a year ; a ploughland. 
 Spelman, voc. Hida. Henric. Huntington, 
 Hist. lib. 6, fol. 206 b. Oo. Litt. 5 a. 
 Called also carucata terrce, (q. v.) Id. 
 ibid. The quantity of land contained in a 
 hide is uncertain. According to Gervase 
 of Tilbury, who is followed by Crompton, 
 it originally consisted of one hundred acres. 
 Cromp. Jur. fol. 220, 222. Spelmmn, ub, 
 &iipra. Cornell. Lord Cote observes that 
 it does not contain any certain number of 
 acres. Co. Litt. &9 &, The division of Eng- 
 land into hides is of great antiquity, oc- 
 curring as early as the time of king Ina. 
 Spelman, ub. sup. 
 
 HIDE (or HYDE) AND GAIN. In 
 English law. A term anciently applied to 
 arable land. Co. Litt. 85 b. See 6-ain. 
 
 HIDE LANDS. \^^. hydelandes.] In 
 Saxon law. Lands belonging to a hide, that 
 is, a house or mansion. Spelman, voc. 
 Hida. 
 
 HIDEL. In old English law, A place 
 of protection ; a sanctuary. Stat. 1 Hen. 
 VIL c. 5, 6. Cowell. 
 
 BIER. L. Fr. Heir. Kelham. 
 
 HIGH. [Lat. altus, alta, altum ; L. Fr. 
 hmdt,halt.'\ Open; common; public; as 
 the high sea, a high way, (qq. v.) 
 
 Elevated in station, dignity or impor- 
 tance; as a high court. Head, or chief ; 
 {L&i. magnus ;) as Aij'A admiral; high con- 
 stable, high sheriff. 
 
 Elevated or prominent in a bad sense ; 
 
 aggravated; atrocious; as a high ormie, 
 high treason. 
 
 HIGH COMMISSION COURT. A 
 court of ecclesiastical jurisdiction in Eng- 
 land, erected and united to the regal power 
 by virtue of the statute 1 Eliz. c. 1 ; which, 
 from the abuses of its powers, was abolished 
 by statute 16 Oar. 1, c. 11. 3 Bl. Com. 
 67. 
 
 HIGH CONSTABLE. InEngUshlaw. 
 A ministerial officer of justice, otherwise 
 called chief constable, and constable of the 
 hundred, whose proper duty is to keep the 
 king's peace within the hundred, as the 
 petty constable does within the parish or 
 township. 3 Steph. Com. 46, 47. See 
 Constable. 
 
 HIGH JUSTICE. \¥r. haute justice.'] 
 In feudal law. The jurisdiction or right of 
 trying crimes of every kind, even the high- 
 est. This was a privil^« cleaned and ex- 
 ercised by the great lords or barons of the 
 middle ages. 1 Bobertson^s Charles Y. 
 Appendix, Note xxiii. See Justice, 
 
 HIGHJTTSTICIEE. {Er.hautjusticier.] 
 In old French and Canadian law. A feu- 
 dal lord who exercised the right called 
 high justice. Chiyot, Inst. Feod. ch. 2€. 
 DunldrHs Address, 87. 
 
 HIGH SEAS, (more correctly, HIGH 
 SEA.) [Lat. altum mare ; L. Fr. le hault 
 meer.\ The open ocean outside of the 
 fauces terrce, as distinguished from arms of 
 the sea ; the waters of the ocean without 
 the boundary of any county. 1 Kents 
 Com. 867 and note.' 6 Mason's B. 290. 
 1 Story's R. 269. See Fauces terrce. 
 
 Any waters on the seacoast which are 
 without the boundaries of low-water mark. 
 1 Qallison's R. 624. 5 Wheatmi'sR. 184. 
 The high or main sea properly begins at 
 low-water mark. Story,- J, 2 Gall. R. 398, 
 428. See 1 Kmfs Com. 367, note. 5 
 Howard's R. 453, 462. 
 
 HIGH TREASON. [L. Lat. alta pro- 
 ditio ; Ii. Fr. graund treson,] In English 
 law. Treason against the kii^ or sove- 
 reign, as distinguished from petit or petty 
 treason which might formerly be commit- 
 ted against a subject. 4 £1. Com. 74, 75. 
 The crime of petit treason having beeai re- 
 centiy abolished, the correlative term high 
 has lost its signi£c»ice, and is accordin^y 
 omitted by Mr. Stephen in his New Com- 
 mentaries. 4 Steph. Com. 183, 184, note. 
 See Treason, Petit Treason. 
 
 HIGH-WATER MARK. The mark 
 which the sea makes on ttie shore, at high- 
 
Hil 
 
 (23) 
 
 HIR 
 
 water of ordinary tid«s. See 5 £. d Aid. 
 868. 1 Peters' H. 324. 6 Mass. B. 436. 
 Angell on Tide Waters, chap. 3. The mar- 
 gin of the periodical flow of the tide, un- 
 affected by extraordinary causes. Nelson, 
 J. 13 Howard's B. 421. See Id. 423, 424. 
 Anciently called fiood-marle, (q. v.) and the 
 high line of the sea, {havi fil de mer.) See 
 Ml. 
 
 HIGHWAY. [li. Lat. alta via ; L. Fr. 
 haut chimin, hcmlt strete, Imut estrete.^ 
 A public way or road ; a way or passage 
 open to all ;* a way over which the public 
 at large have a right of passage. Brantte. 
 CaUed in some of the old booto, hiffh street. 
 Finch's Law, b. 2, ch. 9. Every thorough- 
 fare which is used by the public, and is, in 
 the language of the English books, " com- 
 mon to all the king's subjects," is a high- 
 way, whether it be a carriage-way, a horse- 
 way, a foot-way or a nav^able river. 3 
 JCent's Com. 432. Lord EUenborough, 13 
 Hast, 95. As to rivers, see Angell on Wa- 
 ter-Courses, chap. 13. 18 Barbour's B. 277. 
 The word Jdghgeay is the genus of all public 
 ways. Holt, C. J. 6 Mod. 255. A dis- 
 tinction is made by Blackstone between the 
 Mag's highway, leading from town to town, 
 and a common way leading from a village 
 into the fields. 2 Bl, Com. 32. This dis- 
 tinction has been formally adopted by Mr. 
 Crabb, who defines a highway, " a way to a 
 market, or a great road, &c. common to all 
 passengers, or, more properly speaking, a 
 public passage for the Queen and all her 
 subjects, whence called by distinction the 
 " Queen's highway ;" adding that " whether 
 it leads to a market-town or not, it is a 
 highway if common to all the people." 1 
 Crahh's Beal Prop. 99, 100, § 102. Mr. 
 Serjeant Stephen has not adopted the dis- 
 tinction above referred to, though he distin- 
 guishes between highways and turnpike 
 roads. 3 Steph. Com. 257, 259, 261, 266. 
 See Tumpilm. A highway is an easement. 
 I Com. B. 103, 132. Lord Brougham, 4 
 Bell's Appeal Oases, 390. See 2 Smith's 
 Lead. Cas. 94, note, and Am. ed. note. 
 United States Digest, Ways, See Alta 
 via. Via regia. 
 
 HIGHWAY ACT. In EngUsh law. 
 The statute of 5 & 6 Will. IV. c. 50. 3 
 Steph. Com. 258. 
 
 HHS (or HIJS) TESTIBUS. L. Lat. 
 (These being witnesses.) The name of the 
 concluding or attestation clause in ancient 
 deeds and charters, which contained the 
 names of the witnesses ; so called from the 
 
 words with lyhich it commenced. The 
 whole clause ran thus: Sijs testibus, Jo- 
 hanne Moore, Jacobo Smith; et aliis ad 
 hanc rem convocatis ; these being witnesses, 
 John Moore, James Smith, and others as- 
 sembled for this purpose. 2 Bl. Com. 
 307. Co. Litt. 6 a, 7. The names of the 
 witnesses were written by the clerk who 
 drew the deed, and not by the witnesses 
 themselves, who very often could not write. 
 2 Beeves' Hist. Eng. Law, 89, Tindal, C. 
 J. 6 Man,. & Or. 457. Magna Charta con- 
 cludes with a claus^e of this kind, and so 
 did all royal grants and charters until the 
 reign of JKchard the second, when the 
 clause Teste meipso was introduced in its 
 place. 2 Bt. C(m. 308. Crabb's Hist. 
 150, 151. 2 Inst. 78. The clause of hijs 
 testtbus in the deeds of subjects was not 
 entirely discontinued until the reign of 
 Henry VHI. 2 Bl. Com. ub. sup. 
 
 HIJO. Span. In, Spanish law. A child, 
 or son. White's Neva Becop. b. 3, tit. 10, 
 c. 1 8 4. 
 
 ' HIKENILD STREET. One of the four 
 great Koman roads of Britain. LL. Edw. 
 Cow/", c. 12. More commonly called Ike- 
 nild Street, (q. v.) 
 
 HILARY TERM. One of the four terms 
 of the English courts of common law, be- 
 ginning on the 11th and ending on the 31st 
 of January in each year. Stat. 11 Oeo. IV. 
 & 1 Will. IV. c. 70. 3 Steph. Com. 661. 
 It formerly began on the 23d January, and 
 ended on the 12th February ; and derives 
 its name from St. Hilary's day, which im- 
 mediately preceded its commencement. Id. 
 ibid. 3 Bl. Com. 277. 
 
 HINE, Hdn. Sax. In old English law. 
 A servant or domestic ; properly a servant 
 at husbandry. Cowell. 
 
 HINFANGTHEFE. This word occurs 
 in Braeton, (foL 122 b,) but in another pas- 
 sage is written infangenthef, infangethef, 
 which is the ordinary form. Id. fol. 154 
 b. See infangthefe. 
 
 HIPOTECA, Hypoteca. Span, [from 
 GrsBcp-Lat, hypotheca, q. v.] In Spanish 
 law. A mprtgsge of real property. White's 
 New Becop. b, 2, tit. 7. Schmidt's Civ. 
 Law, 179. 
 
 HIRCISCUNDA. See Herciscunda. 
 
 HIRE. [Lat. merees.J In the law of 
 bailment. Compensation for the use of a 
 thing, or for labor and services. See Locatio, 
 Merces. 
 
 HIRER. [Lat, conductor.'] In the law 
 of bailment. Oae who takes a thing from 
 
HOC 
 
 (24) 
 
 HOL 
 
 another to use it, for a compensation agreed 
 upon. See Conductor. 
 
 mB&T, Hurst. In old English law. A 
 wood. Co. Litt. 4 b. 
 HITHE. See Hyth. 
 HLAFORD. Sax. A lord. 1 Spencers 
 Chancery, 36. 
 
 HLAFORDSWICE. Sax. In Saxon 
 law. The crime of betraying one's lord, 
 (proditio domini ;) treason. Crabb's Hist. 
 Enq. Law, 69, 301. 
 
 HLOTH, Hlode. Sax. In Saxon law. 
 An unlawful company or assembly of men, 
 (turma illegitima^ numbering from seven 
 to thirty-five. LL. Jnce, MSS. c. 13. 
 Spelman, 
 
 HLOTHBOTE. Sax. [from Moth, a 
 company, and bote, a fine.] In Saxon law. 
 A fine for being present at an unlawful 
 assembly. LL. Alured. MSS. c. 26. 
 Spelman. 
 
 HO. Stop; cease. The word made 
 use of for the combatants in the duellum to 
 leave oflF fighting. Kelham. 
 
 HOASTMEN. In English law. An 
 ancient guild or fraternity at New-Castle- 
 upon-Tine, who dealt in sea coal. Stat. 
 21. Jac. I. c. 3. 
 
 HOBELLARII, Hobelarii. L. Lat. [from 
 hobby, a light or small horse, or Fr. hobille, 
 a tunic or jack.] In old English law. 
 Hobilers or hoblers. Soldiers lightly armed, 
 and mounted on ordinary but active horses, 
 (milites levi armatura, et mediocri equo ad 
 trnvmrn, motum affili ;) light horsemen or 
 light cavalry. Spelman. Barringt. Obs. 
 Stat. 287, note [i]. 
 
 HOBILERS, Hoblers. [L. Fr. hobe- 
 lours ; L. Lat. hobellarii.'\ In old English 
 law. Light horsemen. See Hobellarii. 
 
 HOC PARATUS EST VERIFICARE. 
 See Et hoc paratus, dc. 
 
 HOC QUIDEM PERQUAM DURUM 
 EST, SED ITA LEX SCRIPTA EST. Lat. 
 (This indeed is exceedingly hard, but so 
 the law is written ; such is the written or 
 positive law.) An observation quoted by 
 Blackstone, as used by Ulpian in the civil 
 law ; and applied to cases where courts of 
 equity have no power to abate the rigor of 
 the law. Big. 40. 9. 12. 1. 3 Bl. Com. 
 430. The text of the Digests reads, " quod 
 quidem perquam" &c. 
 
 HOC V0BI8 OSTENDIT. L. Lat. 
 [L. Fr. ceo vous monstre.l (This shows to 
 you.) The form in which the plaintiff's 
 count (or intentio,) in some real actions 
 commenced in the time of Bracton. Hoc 
 
 ostendit vohis A. quod B. injuste ei deforciat, 
 &c. ; this shows A. to you that B. unjustly 
 deforces him, &c. Bract, fol. 372 b. Id. 
 fdl. 296 b. Fleta, lib. 5, c. 25, § 9. Id. 
 lib. 6, c. 16, § 2. 1 Reeves' Hist. Mig. 
 Law, 427. 
 HOCHPOT. See Hotchpot. 
 HODGE-PODGE ACT. A name given 
 to an act of parliament, in which enact- 
 ments on various distinct subjects are 
 thrown together under one title. Barringt. 
 Obs. Stat. 449. 
 
 HOGA, Hogum. L. Lat. In old Eng- 
 lish law. A hill or mountain ; in old Eng- 
 lish, a how. Grene hoga ; Greenhow. 
 Domesday. Spelman. 
 
 HOGACIUS, Hoggacius. L. Lat. In 
 old English law. A sheep of the second 
 year. Cartul. Abbat. Glaston. MS. fol. 48 a. 
 Cowell. 
 
 HOGASTER, Hoggaster. L. Lat. In 
 old English law. A sheep of the second 
 year. Fleta, lib. 2, c. 79, §§ 4, 12. 
 
 HOGHENEHYNE, Hogenehyne, Agen- 
 hine, Homehyne. Sax. [from hogh, a 
 house, and hine, a servant.] A domestic 
 servant; one of the household or family. 
 A name given, in the old Saxon laws, to one 
 who was entertained in another's house, on 
 the third night of his stay ; the head of 
 the family being, in such case, answerable 
 for his conduct as for his own domestic 
 servant. On the first night, he was called 
 uncuth, (unknown, or a stranger ;) on the 
 second night, gust, (guest ;) on the third 
 night, hogenehyne. Bract, fol. 124 b. 
 Britt. c. 12. In the Saxon laws, the word 
 is written agen hyne, pronounced awn hine. 
 Frum night, uncuth ; twa'night, gest ; thrid 
 night, agin hine. LL. Fdw. Conf. c. 17. 
 Spelman defines the word under homehine. 
 Cowell and some others make third night 
 a part of the appellation, which is clearly 
 an error. In Latch, 88, the old Saxon law 
 seems to be entirely misunderstood. 
 
 HOGSHEAD. A measure of capacity, 
 containing the fourth part of a tun, or 
 sixty-three gallons. Cowell. 
 
 In America, a butt or cask, containing 
 from 110 to 120 wine gallons. Webster. 
 
 HOLD. In old law. Tenure. A word 
 constantly occurring in conjunction with 
 others, as freehold, leasehold, copyhold, 
 (fee, but rarely met with in the separate 
 form. It occurs several times in the ol d 
 laws of the colony of New Plymouth. 
 " That inheritance do descend according 
 to the commendable custom of England 
 
HOL 
 
 (25) 
 
 HOM 
 
 and hold of East Greenwich." Colony 
 Laws, Nov. 15, 1636. " That a convenient 
 form for registry of men's particular holds 
 be here inserted," &c. Id. ibid. 
 
 To HOLD. [Lat. tenere ; L. Fr. teneri] 
 To bind ; to be of legal force or efBcacy. 
 See Tenere. 
 
 To judge or deem ; to be of opinion ; to 
 decide. " The court held," &c. Bae Tenere. 
 
 To be the grantee or tenant of another; 
 to take or have an estate from another. 
 Properly, to have an estate on condition of 
 paying rent, or performing service. See 
 Tenere, Tenendum, Tenure, Tenant. 
 
 To have in possession ; to possess. See 
 Holder, Tenant. 
 
 To HOLD PLEAS. [L. Lat. tenere 
 placita ; ad tenenda plaxsiia.'] To have 
 cognizance or jurisdiction of actions. 3 Bl. 
 Com. 35, 298. 
 
 To hold courts, or hear causes. Beg. 
 Griff. 68 b. 
 
 HOLDER. [Fr. porteur.'] In mercan- 
 tile law. The person having [rightfully] in 
 possession a bill of exchange, promissory 
 note or check, whether as payee, indorsee 
 or otherwise.* Story on Bills, § 12. 
 Called sometimes bearer. Chitty on Bills, 
 26, 27. 
 
 HOLDES. Sax. In Saxon law. A 
 military commander. Spelman. 
 
 HOLDING. In Scotch law. Tenure; 
 the nature of the right given by the supe- 
 rior to the vassal. BelVs Diet. See Ward- 
 holding, Blench-holding, 'Feu-holding. 
 
 HOLDING UP THE HAND. In 
 criminal practice. A formality observed 
 in the arraignment of prisoners. See Ar- 
 raignment, Hand. Held to be not abso- 
 lutely necessary. 1 W. Bl. 3, 4. 
 
 HOLDING OVER. A holding beyond 
 a term ; a continuing in possession, after 
 the expiration of a term.' The act of keep- 
 ing possession of premises leased, after the 
 expiration of the term of the lease, with- 
 out the consent of the landlord. 
 
 HOLIDAY. See Dies non juridicus. 
 
 HOLM, [L. Lat. hulmus.] In English 
 law. An island in a river (insula amnica,) 
 or the sea, (marirta.) Spelman, voc, Hul- 
 mus. Co. Litt. 5 a. Blount. 
 
 Plain grassy ground upon water sides, 
 or in the water. Blount. Camden, cited 
 ibid. Low ground intersected with streams. 
 Spelman. 
 
 HOLOGRAPH. [Grseco-Lat. hologra- 
 phum ; Gr. sUypaifov, from sXos,' all, and ypi- 
 0«i/, to write.] In civil and Scotch law. 
 
 Any writing, deed, document or memo- 
 randum wholly in the handwriting of a 
 party. BelPs Contr. of Sale, 64. BelVs 
 Diet. Best mEvid. 256, § 210. 
 
 A will written entirely by the hand of 
 the testator. Calv. Lex. 1 Jarman on 
 Wills, 135, (Perkins' ed.) 3 Jones' Law 
 B. 516. Called, in French, olograph, {le 
 testament olograph.) Civ. Code of Louis. 
 Art. 1581. See Olograph. 
 
 HOLT. Sax. In old English law. A 
 wood or grove. Spelman. Cowell. Co. 
 Litt. 4 b. 
 
 HOLY ORDERS. [Lat. sacri ordines.] 
 In ecclesiastical law. The orders of bishops, 
 (including archbishops,) priests anddeacons, 
 in the church of England. 3 Steph. Com. 
 55. *1 Wooddes. Lect. Hi. The Roman 
 canonists had the orders of bishop, (in 
 which the pope and archbishops were in- 
 cluded,) priest, deacon, sub-deacon, psalm- 
 ist, acolythe, exorcist, reader, ostiarius. 
 Corv. Jus. Canon. 38, 39. Cribs. Cod. 115. 
 1 Wooddes. Lect. 174, note. 
 
 HOMAGE. Fr. and Eng. [L. Lat, ho- 
 magium and hominium ; from homo, (Fr. 
 home,) a man, or vassal.] In feudal law. 
 An acknowledgment by a feudal tenant, 
 that he was the man or vassal of his lord.* 
 A ceremony or service which every tenant 
 was bound to perform to his lord, on re- 
 ceiving investiture of a fee, or coming to 
 it by succession as heir, in acknowledgment 
 of the tenure. Glanv.]ib. 9, c. 1. Bract. 
 fol. 11 b. 78, 79, 80. It was properly in- 
 cident to the tenure by knight-service, and 
 is called by Littleton the most honorable 
 service, and the most humble service of re- 
 verence that a free tenant could do to his 
 lord. Litt. sect. 85. It was performed by 
 the tenant kneeling, bare-headed and un- 
 girt, holding both his hands together be- 
 tween those of his lord, who sat before 
 him, and repeating the following form 
 of words : " I become your man, from 
 this day forth, of life, of limb, and of 
 worldly honor [or earthly worship] ; and 
 unto you shall be true and faithfal, and 
 win bear you faith for the lands which I 
 hold of you, saving the faith I owe to our 
 sovereign lord the king." Slat. 17 Hdw. 
 II. st. 2. The lord then- gave the tenant a 
 kiss, and the latter standing up then made 
 the oath of fealty. Litt. sect. 85. Bract. 
 fol. 80. Spelman. 2 Bl. Com. 64. See 
 Homagium, Homo. 
 
 *:/,* The above mentioned formula of 
 homage was prescribed by the statute 17 
 
HOM 
 
 (26) 
 
 HOM 
 
 Edw. n. The older form ^ven by Brac- 
 ton is in somewliat different language, 
 though both commenced with the same 
 words : Devenio vester homo ; (L. Fr. jeo 
 deveigne vostre home,) from which the term 
 homage itself is derived. Bract, fol. 80. 
 £ritt.Q,.m. SeeJ?%te,lib.3,c.l6,§20. Co. 
 XiH. 64 b. QeeBevenio. That homage was 
 ' much more than a mere ceremony, is clear 
 from Bracton's definition of it, (see Homa- 
 gium,) who also observes that the patting 
 of the tenant's hands between those of the 
 lord denoted, on the part of the lord, pro- 
 tection, defence, and warranty, and on the 
 part of the tenant, reverence and subjec- 
 tion. Bract, fol. 80. Homage is now 
 commonly regarded in the light of an 
 abject and servile ceremony, inapotting a 
 degree of humiliation on the part of the 
 tenant degrading to the character of a free- 
 man. There was one part of the ceremo- 
 nial, however, which places it in a some- 
 what less odious light. At the conclusion 
 of the homage, the lord was bound to kiss 
 the tenant, and this, according to Britton, 
 could never be dispensed with, whoever the 
 lord might be ; whether the king himself or 
 any other, whether male or female, clerk 
 or layman, old or young ; and whoever the 
 tenant might be, poor or rich, healthy or 
 sick, ugly or fair, {^poure ou ryche, lede ou 
 bek.) Britt. c. 68. In the reign of Henry 
 VI. a special act of parliament was passed, 
 to excuse the kissing in the case of homage 
 made to the king, by reason of pestilence. 
 Bot. Pari. 18 Hm. VI. n. 58. Hal. MSS. 
 
 HOMAGE AJSrCESTREL, (or AITN- 
 CESTKEL,) L. Fr. In old English law. 
 A species of tenure, where a man and his 
 ancestors had immemorially holden land of 
 another and his ancestors, by the service of 
 homage. lAtt. seet. 143. 2 BL Com. 
 300, This bound the lord to warranty, in 
 the ancient sense of homage. Id. ii>id. 
 Hargr. Co. Jjitt. Note 1%, lib. 2. See 
 Somagium. 
 
 HOMAGE JURY. In English law. 
 The jury in a court baron ; so called, be- 
 cause it most commonly consisted of such 
 as owed homage to the lord of the fee. 
 Powell. See ffomagimn. Otherwise called 
 pares curiae, peers of the court. 2 JSi- 
 Com. 54, 366. 
 
 HOMAGE LIEGE. See ffomagium 
 ligium. 
 
 HOMAGER. In Englfeh law. One 
 that does, or is bound tp do homage. 
 , Cowdl. 
 
 HOMAGIUM, L. Lat. [quasi homi- 
 nis agium ; the tenant promising to be his 
 lord's man ; se domini hominem acturum. 
 Spelman."] In feudal law. Homage. 
 Called also, anciently, hominimm, homina- 
 tus, hominatio, hominiscum, and heniinisca- 
 tus. Sominium, according to Spelman, 
 was the most ancient fonn. Lord Coke 
 says it is called in English manhood,, and 
 that manhood and homage is all one, Co. 
 lAtt. 64 b. 
 
 Hamagium est juris viwmlum quo quis 
 tenetur et astringiii/a' ad •warrantieamdum, 
 defendendwn, et acquietandum tenentem 
 suum in seysina sua versus omnes, per cer- 
 tum servitium in donations nominatum et 
 expressum, et etiam, vice versA, quo tenens 
 re-obligatur et astringitMr ad fidem domino 
 suo servandam, et servitium debitum facien- 
 dum ; homage is a bond of law by which 
 one is held and bound to warrant, defend 
 and acquit his tenant in his seisin, gainst 
 all persons, by the certain service named 
 and expressed in the gift ; and also, on the 
 other hand, by which the tenant in return 
 is obligated and bound to keep his faith to 
 his lord, and to perform the service due. 
 Bract, fol. I8h. See Fleim, lib. 3, c. 16, 
 8 8 
 
 HOMAGIUM LIGIUM. L. Lat. In 
 feudal law. Liege homage ; that kind of 
 homage which was due to the sovereign 
 alone, as supreme lord, and which was done 
 without any saving or exception of the 
 rights of other lords. Spelman, voc. 
 Homagifum, So called from ligando, 
 (binding,) because it could not be re- 
 nounced like other kinds of homage. Id. 
 
 HOMAGIUM PLANUM. L. Lat. In 
 feudal law. Plain homage ; a species of 
 homage which bound him who did it to 
 nothing more than fidelity, without any 
 obligation either of military service or 
 attendance in the courts of bis superior. 
 1 Bobertsori's Charles V. Appendix, Note 
 viii. 
 
 HOMAGIUM SIMPLEX L. La,t. In 
 feudal law. Simple homage ; that kind of 
 homage which was merely an acknowledg- 
 ment of tenure, with a saving of the rights 
 of other lords, Hargr. Co. Zdtt. note 18, 
 lib. 2. 
 
 HOMAGIUM REDDERE. L. Lat. 
 In old English law. To renounce hom- 
 age ; to give it up, or dissolve it. Braef. 
 fol, 81 b. 
 
 HOMBRES BUENOS. Span. In 
 Spanish law. Good men ; fit men. White's 
 
HOM 
 
 (27) 
 
 HOM 
 
 Ifew Beeop. b. 2, tit. 19, c. 3, § 1. Sub- 
 stantial citizens. Schmidt's Civ. Law, 
 216. Corresponding -witli the honi or pro- 
 hi homines of the old common law. 
 
 HOME. See Domicile. 
 
 HOMEATJS. L. Fr. In old EngHsh 
 law. The Elms near Smithfield ; the place 
 of execution before Tyburn. Melham. 
 
 HOMEHYNE. Sax. A domestic. Spel- 
 man. See Sogenehyne. 
 
 HOME PORT. A port in a state in 
 which the owner of a ship resides.* 1 
 Brock. B. 396, 404. But see 3 Kent's 
 Com. 171, 172, note. 
 
 HOMESTEAD. The place of a home 
 or house.* That part of a man's landed 
 property which is about and contiguous to 
 Ms dwelling-house. Parsons, J. 2 Met- 
 calfs R. 45, note. Called anciently, a 
 homestall, or homesiaJe. Cornell. 
 
 In the case of True v. Estate of Mor- 
 rill, (28 Vermont B. 672,) it was held, 
 under the Vermont homestead act, (de- 
 fining a homestead^ as consisting of " a 
 dwelling-house, ont-buildings and lands 
 appurtenant, occupied as a homestead by 
 a housekeeper, or the head of a family,") 
 that the occupancy must be a persmial one 
 and not by a tenant. See Compiled 
 Statutes, tit. 18, ch. 65, §§ 1, 4. 
 
 HOMICIDE. L. Fr. and Eng. [Lat. 
 homieidium, from homo, a man, or human 
 being, and ccedere, to Mil, or ccedes, a 
 tilling.] In criminal law. The killing of 
 one human being by another, (Jiominis oc- 
 dsio ah homine facta.) Bract. foL 120 b. 
 4 Bl. Com. 177. See Wharton's Am. 
 Crim. Law, b. 4, chap. 1. Divided by 
 Blackstone (ub. sup.) into three kinds : 
 justifiable, excusable, and felonious. 4 
 Steph. Com. 96, 97. See Justifiable 
 homicide. Excusable homicide, Felmdous 
 homicide. 
 
 HOMICIDE PER INFORTUNIUM. 
 Eng. and L. Lat. In criminal law. Homi- 
 cide by misfortune, or accidental homi- 
 cide ; as where a man doing a lawful act, 
 without any intention of hurt, unfor- 
 tanately kills another; a species of ex- 
 cusable homicide. 4 Bl. Com. 182, 4 
 St^h. Com.XQl. Called also Ao7ma<^e^r 
 misadventure. Id. ibid, 1 Bussell on 
 Crimes, 657. Wharton's Am. Crim. Lww, 
 § 934. Answering to the homieidium ex 
 easu, (q. v.) of Bractoo, See Per ir^or- 
 tunium, Per misadventure. 
 
 HOMICIDE PER MISADVENTURE. 
 See Homicide per infortunium. 
 
 HOMICIDE SB DEFENDENDO. 
 Eng. and L. Lat. In criminal law. Ho- 
 micide in self-defence ; the killing of a 
 person in self-defence upon a sudden 
 affiray; where the slayer had no other 
 possible (or, at least, probable) means of 
 escaping fpom his assailant. 4 Bl. Com,. 
 183, 184—186. 4 SUph. Com. 103—105. 
 A species of excusable homicide. Id. ibid. 
 1 Bussell on Crimes, 660. Wharton's Am. 
 Crim. Law, §' 935. 
 
 HOMICIDIUM. Lat. Homicide. Mt 
 dictum homicidiuin ah homine et caedo, 
 gzMsi hominis csedium ; it is called homi- 
 eidium from homine and ccedo, as it were 
 hominis ccedium. Bract, fol. 120 b. See 
 
 Homieidium ex justitia; homicide in 
 the administration of justice, or in the 
 execution of the sentence of the law. Id. 
 ibid. 
 
 Homieidium ex necessitate j homicide 
 from inevitable necessity, as for the pro- 
 tection of one's person or property. Id. 
 ibid. See Justifiable homicide. 
 
 Homieidium ex easu ; homicide by ac- 
 cident. Id, ibid. See Mxcusable homicide. 
 
 Homieidium ex voluntaie ; voluntary or 
 wilful homicide. Id. fol. 121. See Felo- 
 nioits homicide. 
 
 HOMINATIO. L. Lat [from homo, 
 a man or vassal.] In old English law. 
 Homage, or the doing of homage. 
 Spelman, voc. Homagium. Domesday. 
 Blount. 
 
 HOMINES LIGIL L. Lat. In feudal 
 law. Liege men ; feudal tenants or vassals, 
 especially those who held immediately of 
 the sovereign. 1 Bl. Com. 367. See 
 Homo ligius. 
 
 HOMINIUM. L. Lat. [from homo, a 
 man or vassal.] In old English law. Ho- 
 mage. This, according to Spelman, was 
 the original, and anciently the more com- 
 mon term, which afterwards gave place to 
 homagium. Spelman, voc. Homagium. 
 
 HOMTPLAGIUM. L. Lat [from to»o, 
 a man, saiplaga, a wound.] In old Eng- 
 lish law. GSie maiming of a man. , LL. 
 Hen. L c. 80. Blount. 
 
 HOMME. Fr. Man; a man. This 
 term is defined by the CivU Code of Loui- 
 siana, to include a woman. Ait. 3522, n. 
 1. 2. See Homo. 
 
 HOMMES DE FIEF. Fr. In feudal 
 law. Men of the fief; feudal tenants, the 
 peers in the lord's oourt& H^rit dea 
 Lois, liv, 28, c. 27. 
 
HOM 
 
 (28) 
 
 HOM 
 
 HOMMES FEODAUX Fr, In feudal 
 law. Feudal tenants ; the same witt hom- 
 mes de fief, (q. v.) Esprit des Lois, liv. 
 28, c. 36. 
 
 HOMO. Lat. A man. (See Homo, 
 in feudal law.) Homo consiliarius, et in 
 lege peritus ; a counsellor, and learned in 
 the law. 10 Co. 61. 
 
 A human being, including both male 
 and female. Hominis appellatione, tarn, 
 fceminam quam masculum contineri, non 
 duiitaiur ; that both female as well as 
 male is included under the term homo, is 
 not doubted. Dig. 50. 16. 162. This 
 exposition of the civU law is followed in 
 the common law, and formally adopted in 
 some modern codes. 2 Inst. 45. See 
 Homme. 
 
 HOMO. L. Lat. In feudal law. A 
 man ; a vassal (vassallus, vassus ;) a mili- 
 tary or feudal tenant or retainer, (miles, 
 cliens feodalis.) One who having received 
 a fee or fief, was found to fight for his 
 lord, and to do homage, and other military 
 services. Called also haro, and more fre- 
 quently leudes. Spelman, voc. Homagium. 
 A tenant by knight service. Id. ibid. 
 Plenam itaque custodiam domini filiorum 
 et hoeredum hominum suorum, etfeodorum 
 suorum, ita quod plenam inde habent dis- 
 positionem ; the lords therefore have the 
 entire wardship of the children and heirs 
 of their tenants, and of their fees, so that 
 they have the full disposition thereof. 
 Glanv. lib. 7, c. 9. Hugo Bardolf et Will. 
 Stuteville consentire noluerunt quia erant 
 homines comitis Johannis Moretonii ; Hugh 
 Bardolf and William StuteviUe would not 
 consent, because they were the men of 
 earl John Moreton. Hoveden in Sic. I. 
 A. D. 1193. 
 
 Any tenant of lands, whether agricultu- 
 ral, (socmannus,) or military. Spelman, 
 uh. sub. 
 
 Any retainer, dependant, servant, or per- 
 son of inferior or servile condition ; (cliens, 
 famulus, subditus.) Id. ibid. 
 
 Homo casatus. One who did service 
 within a house, (qui in cedibus servit.) 
 Capitular, lib. 5, c. 136. Spelman, voc. 
 Homagium. But see Casatus. 
 
 Homo chartularius. A slave manumit- 
 ted by charter. Capitular, lib. 6, c.'208. 
 
 Homo commendatus. One who surren- 
 dered himself into the power of another, 
 for the sake of protection or support. 
 L. Ripuar. tit. Y2, § 5. See Commenda- 
 
 Homo ecclesiasticus. A church vassal; 
 one who was bound to serve a church, es- 
 pecially to do service of an agricultural 
 character. Capitular, lib. 5,0.151. Spel- 
 man, voc. Homagium. 
 
 Homo exercitalis. A man of the army 
 (exercitus ;) a soldier. LL. Longoh.Yib.l, 
 tit. 9, 1. 21. L. Wisigoth. lib. 19, tit. 2, 
 1.9. 
 
 Homo feodalis. A vassal or tenant ; one 
 who held a fee (feodum,) or part of a fee. 
 Spelman, ub. sup. 
 
 Homo fiscalis or fiscalinus. A servant 
 or vassal belonging to the treasury or fiscus. 
 Id. Formull. Solenn. c. 90. 
 
 Homo francus. A freeman. See Fran- 
 cus. A Frenchman. See Francus. 
 
 Homo ' ingenuus. A free man. L. Ri- 
 puar. tit. 81, § 1. A free and lawful man. 
 Spelman, voc. Ingenuus. A yeoman. Id. 
 ibid. 
 
 Homo liber. A freeman. See Liber 
 homo. 
 
 Homo ligius. A liege man ; a subject ; 
 a king's vassal. Spelman, voce. Homagium, 
 Ligius. The vassal of a subject. Id. ibid. 
 
 Homo novus. A new tenant or vassal ; 
 one who was invested with a new fee. 
 Spelman, voc. Homagium. 
 
 Homo pertinens. A feudal bondman or 
 vassal ; one who belonged to the soil, (qui 
 glebce adscribitur.) LL. Longob. lib. 1, 
 tit. 16, 1. 8. 
 
 Homo regius. A king's vassal. L. 
 Ripuar. tit. 11, § 3. 
 
 HOMOEOMANUS. Lat. AEoman. 
 An appellation given to the old inhabitants 
 of Gaul and other Eoman provinces, and 
 retained in the laws of the barbarous na- 
 tions. L. Salic, tit. 34, § 3. Id. tit. 43. 
 §§ 6 — 8. Spelman. 
 
 HOMOLOGAEE. Grseco-Lat. [from 
 Gr. 5/wXoyEiv, to consent, assent, confess.] 
 In the civil law. To confirm or approve ; 
 to consent, or assent; to 'confess. Calv. 
 Lex. Sometimes corruptly written emolo- 
 gare. 
 
 HOMOLOGATE. [from homologare, 
 q. v.] In modern civil law. To approve, to 
 confirm ; as a court homologates a proceed- 
 ing. See Homologation. Literally, to use 
 the same words with another, (Gr. hfids, 
 same, and Xuyot, word;) to say the like. 
 Martin, J. 9 Martin's (La.) R. 324. To 
 assent to what another s&ys or writes. 
 
 HOMOLOGATION, [from homologare, 
 q. v.] In modern civil law. Approbation 
 or confirmation by a court; as of an award, 
 
HON 
 
 (29) 
 
 HOP 
 
 a partition, &c. Civil Code of Louis, art. 
 3096,1296, 1297, 1299. 
 
 In Scotcli law. An act by wMch a per- 
 son approves of a deed, the effect of wHcli 
 is to render that deed, though in itself 
 defective, binding upon the person by whom 
 it is homologated. , BelVs Diet. Confirma- 
 tion of a voidable deed. 
 
 HOMOLOGUS. Lat. In feudal law. 
 A liege vassal. The same, according to 
 the feudists, as homo ligius. But Spehnan 
 and Calvin disapprove this derivation. 
 
 HOMONYMLE. Graeco-Lat. [from Gr. 
 ijiis, same, and Svajia, name.] A term ap- 
 appUed, in the civil law, to cases where a 
 law was repeated, or laid down in the same 
 terms or to the same effect, more than 
 once. Cases of iteration and repetition. 
 JSacori's Works, iv. 3 7 1 . For an illustration 
 of liomonymioe, in judicial decisions, see the 
 American cases referred to by Chancellor 
 Kent. 2 Eenfs Com. 489, note. 
 
 HOMSTALE. Sax. [from 1mm, house, 
 and stal, station.] In old English law. A 
 mansion-house, or homestall. Cowell. See 
 Homestead. 
 
 HONDHABEND. Sax. Having in 
 hand. See JSandhabend. 
 
 HONESTE. Lat. In civil and old Eng- 
 lish law. Honorably ; with credit or pro- 
 priety ; in a manner becoming one's sta- 
 tion; creditably; becomingly; virtuously. 
 Provideatur ei domus competens in qua 
 possit honeste morari, quousque dos sua ei 
 assignetur ; there shall be provided for her 
 a sufficient house, in which she may tarry, 
 or Uve creditably, until her dower be as- 
 signed her. ^rac/. fol. 96. Mag. Cart. c. 'I. 
 Honeste Tivere ; to live honorably, creditably 
 or virtuously. One of the three general 
 precepts to which the Institutes of Justinian 
 reduced the whole doctrine of the law. 
 Inst. 1. 1. 3. Bract, fol. 3, 3 b. This 
 phrase is rendered by Blackstone, as well 
 as Harris and Cooper, in their translations 
 of the Institutes, "to live honestly.'''' 1 Bl. 
 Com. 40. But this is not the proper mean- 
 ing oihoneste, eitherin classical or law Latin. 
 Id. ibid. Christian's note. See the quota- 
 tion from Bracton, supra ; and see Honestus. 
 
 HONESTUS. Lat. In civil and old 
 Enghsh law. Of good character, or stand- 
 ing. Coram duobus vel pluribus viris legal- 
 ibus ei honestis ; before two or more law- 
 ful and good men. Bract, fol. 61. 
 
 Proper or becoming. Non omne pod 
 licet honestum est. What is lawful is not 
 always becoming. Big. 50. 17. 144. 
 
 HONOR, HONOUR. [L. Lat. honor.] 
 In feudal law. A seigniory of the nobler 
 sort, having several inferior lordships and 
 manors dependent upon it, by the perform- 
 ance of customs and services. Cowell. 
 Termes delaLey. Blount. \ Steph. Com. 
 202. The seigniory of a lord paramount. 
 2 Bl. Com. 91. This term was introduced 
 into England by the Normans, and ancient- 
 ly signified the feodal patrimony, estate or 
 barony of a greater baron. It was called 
 also a royal benefice or fee, and was always 
 held of the king in capite. Spelman. 
 
 HONOR COURTS. In English law. 
 Courts held within honors. Stat. 33 Men^ 
 VIIL c. 37. Stat. 37 Hen. VIIL c. 18. 
 Cowell. 
 
 To HONOR. In mercantile law. To 
 accept a bill of exchange; to pay a bill or 
 note when due. 
 
 HONORARIUM. Lat. In the civil 
 law. An honorary or free gift; a gratuitous 
 payment, as distinguished from hire or com- 
 pensation for service ; a lawyer's or coun- 
 sellor's fee. Big, SO. 13. 1. 10—12. 
 Among the ancient Romans, advocates 
 practiced gratis, for honor merely, or at 
 most for the sake of gaining influence ; be- 
 ing prohibited by the Cinoian law from 
 taking any fees or presents for their ser- 
 vices. Under the emperors, the taking of 
 fees to a certain limit (ten thousand ses- 
 terces, or about 80Z. of English money,) 
 was permitted. 3 Bl, Com. 28. Tacit. 
 Annal. lib. xi. c. 5. The ancient idea con- 
 tinued, however, to be retained in the name 
 {honorarium) given to the fees thus allowed, 
 and is still preserved in that rule of the 
 English law that a counsel can maintain no 
 action for his fees. 3 Bl. Com. ub. sup. 
 Story on Bailm. § 153. 
 
 HONORARY SERVICES. In English 
 law. Services incident to grand serjeanty, 
 and annexed commonly to some honor. 
 Cowell. 
 
 HONTFANGENETHEF. Cowell thinks 
 this word shouldbe written hondfangenethef, 
 signifying a thief taken hondhahend. But 
 it is rather a misprint for houtfangenethef, 
 a form or corruption , of outfangenethef. 
 Bracton uses both hutfangthefe, s,ii6.utfarir- 
 gmethef. Bract, fol. 122 b, 154 b. So 
 infangmethef was otherwise written hin- 
 fangthefe. Id. ibid. See Outfangthefe. 
 
 HONY. L. Fr. Disgi-ace ; evil. Kel- 
 ham. 
 
 HOPE. In old English law. A valley. 
 Co. Litt. 4 b. 
 
HOR 
 
 (30) 
 
 HOS 
 
 HOEA. Lstt. In old English law. An 
 hour. Horafit ex quadraginta momentis ; 
 an hour consists of forty minutes. £ract. 
 fol. 264, 359 b. Fleta, Eb. 5, c. 5, § 31. 
 2 Inst. 318. See Hour. 
 
 HORA AURORA. L. Lat. In old 
 records. The morning bell. Cowell. 
 
 HOR^ JTJRrDlCiE. Lat. In English 
 practice. Juridical hours ; hours for judi- 
 cial business; hours during which judges 
 sit in court. 2 Inst. 265. In Fortescue's 
 time, the judges of England did not sit in 
 the king's courts above three hours in the 
 day, that is, from eight in the morning till 
 eleven. Fortesciie de L. L. Anglioe, c. 51. 
 SelderCs note, in loc. 
 
 HORCA. Span, [from Lat. /wrca, q.v.] 
 In Spanish law. A gaUows ; the punish- 
 ment of hanging. Whitens New Becop. 
 b. 2, tit. 19, c. 4, § 1. 
 
 HORDERIUM. L. Lat. In old Eng- 
 lish law. A hoard ; a treasure, or reposi- 
 tory. LL. Gamut, c. 104. Cowell. 
 
 HORDEUM. Lat. In old records. 
 Barley. Hordeum palmale ; beer barley, 
 as distinguished from common barley, 
 which was called hordeum quadragesimidle. 
 Blount. 
 
 HORE. L. Pr. Hour. Kelham. 
 
 HORE. L. Fr. Now; the present 
 time. Kelham. See Ore. 
 
 HORN. In old Scotch practice. A kind 
 of trumpet used in denouncing contuma- 
 cious persons rebels, and outlaws ; which 
 was done with three blasts of the horn by 
 the king's serjeant. This was called "put- 
 ting to the horn ; " and the party so de- 
 nounced was said to be " at the horn." 
 BelVs Diet. voc. Denunciation. Skene de 
 Verb. Sign. voc. Bannitus. 1 Pitc. Cr. 
 Trials, part 2, pp. 11, 80. 
 
 HORN WITH HORN. In old records. 
 The promiscuous feeding together of horned 
 cattle upon the same common. Spelman. 
 Cowell. The intercommoning of homed 
 cattle, where there was common pur cause 
 de vicinage. Blount. 
 
 HORN TENURE. See Cornage. The 
 Pusey estate in England was held by the 
 tenure of a horn, which, on a bill filed in 
 chancery, was ordered to be delivered up 
 to the heir. 1 Vern. 273. 
 
 HORNGELD. Sax. [from horn, and 
 geld, a payment] In old English law. A 
 tax within a forest, paid for horned beasts. 
 Cromp. Jurisd. 197. Cowell. Blount. 
 
 HORNING, or LETTERS OF HORN- 
 ING. In Scotch law and practice. A 
 
 warrant in the ting's name, issued out 
 under the signet, to charge persons to pay, 
 or perform deeds within a prefixed time, 
 upon pain of being declared outlaw, and 
 having their goods poinded, [i. e. distrain- 
 ed,] &c. incase of disobedience. 1 Forbes^ 
 Inst, part 3, p. 22. See Horn. A species 
 of diligence, [i. e. process] against a debtor, 
 proceeding on the warrant of a decree of 
 the court of session, directing the debt to 
 be paid within a limited number of days ; 
 in default of which payment, the debtor 
 incurs the charge of rebellion, and is 
 thereupon liable to caption or arrest. 
 Brande. 
 
 HORREUM, Orreum. Lat. In civil 
 and old English law. A place for keeping 
 grain ; a granary. See Custos horrei. 
 
 A place for keeping fruits, wines, and 
 goods generally ; a store-house. Calv. Lex. 
 Brissormts. De mercibus in orreis. Bract, 
 fol. 48. 
 
 HORS. L. Pr. Out; out of; without. 
 Probably derived, throng /<""*» from the 
 Latin/ori*/ /and A being sometimes in- 
 terchangeable letters. Thus forsprise is 
 sometimes written horsprise or horspris. 
 See Foris, Forprise. Hors son sen ; out of 
 his sense or mind. Britt. c. 85. Hors de 
 prysan ; out of prison. Stat. Mod. Lev. 
 Fines. Hors de court ; out of court. 
 Yearb. T. 2 Edw. IL 44. Tmer hors; 
 to keep out. Britt. c. 65. 
 
 HORS DE SON PEE. L. Pr. \L. 
 Jjat. extra feodum.'] Out of his fee. Britt. 
 c. 38. The name given, in the old books, 
 to an exception or plea to avoid an action 
 brought for rent issuing out of certain 
 land, by one pretending to be the lord, 
 or for some customs and services ; for if 
 the defendant could prove the land to be 
 out of the compass of the plaintiff's fee, 
 the action failed. Termes de la Ley. 3 
 Reeves^ Hist. Eng. Law. 455. See Flxtru 
 feodum. District. 
 
 HORS PRIS. L. Pr. Except. Lite- 
 rally translated by the Scotch out taken. 
 Hors pris clers, gents de religion, et fem- 
 mes ; except clerks, people of religion,.and 
 women. Britt. c. 29. 
 
 HORTUS. Lat. In the civil law. A 
 garden. Dig. 32. 91. 5. 
 
 HOSPES. Lat. In civil and old Eng- 
 lish law. A guest 8 Co.BS, Calye'scase. 
 See Hospites. 
 
 A host or entertainer. Calv. Lex. 
 More commonly hospitator, (q. v.) 
 
 HOSPITARE. Lat [from hospes, q. r.} 
 
HOS 
 
 (31) 
 
 HOS 
 
 In old English law. To entertain a gnest. 
 Beg. Orig. 105. Mospitatws ; one enter- 
 tained ; a guest. M. ibid. Ad hospiUmr 
 dum. Id. ibid. Gaws& hospitandi; for 
 the purpose of being entertained as a guest. 
 Lord EUenbotot^h, A M. <S: S. 310. 
 
 HOSPITATOR. L. Lat. [from hoi^ 
 tare, (q. v.) or according to Coke,irom hos- 
 pitium^ In old English law. An enter- 
 tainer ; a host. Reg. Orig. 105. A M. d; 
 /Si. 310. HoBpi^tor comnmnis ; acommon 
 innteeper. Plowd. %, -marg. 8 Go. 32, 
 Calye's case. Pro defectu ho^tatoris ; for 
 default of the ho^ Lord EUenhoroagb, 
 4M.(& S. 310. 
 
 HOSPITES. Lat. [plural of hospes, 
 q. v.] Guests. Seg. Orig. 105. Jit hos- 
 pites ; as guests. 1 Salk. 26, pi. 10. 
 
 HOSPITELARIUS. L. Lat. In old 
 English law. A hospitaller. FMa, lib. 2, 
 c. 50, § 16. 
 
 HOSPITIA. Lat. [pL of ho^tmifn, q. v.] 
 In old English law.. Inns, ffospitia com- 
 munia ; common inns. Meg. Orig. 105. 
 Sospitia curiae ; inns of court. JBbspitia 
 cancellarix ; inns of chancery. Orabb's 
 Hist. 3ng. Law, 428, 429. 4 Beeves' IRst. 
 120. 
 
 HOSPITIUM. Lat. In old English 
 law. An inn, hospiee, or hostel. Com- 
 mune hospititim; a common inn. 8 Co. 
 32, Cah/e's case. Hob. 245 b. See In- 
 fra hospitium. ' 
 
 A household. Hospitium regis; the 
 kill's household. Meta, lib. 2, c. 2, § 2. 
 
 HOST, Boste, Houst. L. Fr. An army. 
 Britt. 0. 22. 
 
 A military expedition ; war. Kelham. 
 
 HOSTAGE. In international law. A 
 person ^ven up to an enemy, as a security 
 for the performance of a contract made be- 
 tween belKgerent powers, or their subjects 
 or citizens. See 1 Kmfs Com. 106. 
 
 HOSTAGHJM. Thb word is giv^en by 
 Blount from the Monasticon Anglicamum, 
 par. 1. fol. 348 b, without any signification. 
 It probably signifled a tax or tribute to- 
 wards the support of an army, (hostis or 
 hostium.) 
 
 HOSTE. L. Fr. A host, or entertainer. 
 £^elham. 
 
 A guest. Ml droit de hostes, volons qtte 
 chescun respoyne pur son hoste que il avera 
 herberge, &c. ; in right [or, as to the law] 
 of guests, we will that every one shall 
 answer for his guest, whom he shall have 
 harbored, &e. Britt. c. 12. 
 
 HOSTEL, ffostell. L. Fr. A hoiH&. 
 
 hold. Britt. foL 1 b. Artie, sup. Chart. 
 c, 2. 
 
 H08TELAGIUM. L. Lat. In old 
 records. A right to receive lodging and 
 entertainment, anciently reserved by lords 
 in the houses of their tenants. Coweil. 
 
 HOSTELER, HostUer. [Pr. hostetier.l 
 An innkeeper. Cornell. Blount. 
 
 HOSTENDUCLE, HostendiUw. L. 
 Lat. [from hostis, an army.] In feudal law. 
 A tribute or aid resembhiig scirtage. Spel- 
 man. An aid {adjutoriurn) paid by those 
 vassals who did not accompany their lords 
 when they went with the king to war. 
 Fevd. Lib. 2, tit. 40, § 2. 
 
 HOSTES. Lat. [pi. of hosUs, q. v.] 
 Enemies. Hostes hi swnt qui nobis, aut 
 quibus nog pubUce bellum decrevim,us, eceteri 
 latrones aut prcedones sunt; enemies are 
 those who declare war against us, or against 
 whom we declare war, publicly ; all Others 
 are pirates or robbers. Dig. 50. 16. 118. 
 See Id. 49. 15. 24. This definition of the 
 civil law is accurately given byBlaekstonc, 
 but carelessly quoted by Coke. ' 1 Bl. 
 Com. 257. 7 Cb. 24 b, Calvin's case. 
 
 HOSTIA. Lat. In old records. The 
 host, bread or consecrated wafer in the eu- 
 cbarist. Cowell. 
 
 HOSTIAEIUS. L. Lat. [ftomhostium, 
 for ostium, a door.] In old Enghsh law. 
 A door-keeper. Meta, lib. 2, c. 14, §8 
 2, 5. 
 
 HOSTILE, [from Lat hostilis, from 
 hostis, an enemy.] Having the character 
 of an enemy ; standing in the relation of 
 an enemy. See 1 Kent's Com. Lect. iv. 
 
 HOSTILITY. In the law of nations. 
 A state of open war. " At the breaking 
 out of hostility." 1 Kent's Com. 60. 
 
 An act of open war. " When hostilities 
 have commenced." Id. 56. 
 
 A hostile character. " Hostility may at- • 
 tach only to the person." Id. Lect. iv. 
 
 HOSTlS. Lat. An enemy; one who 
 makes war by an open formal proclamation 
 of hostility. See Hostes. 
 
 HOSTIS. L. Lat. [from Fr. hosU.} A 
 host or army. This sense of the word is 
 common in ancient European laws, pro- 
 ceedings of councils, and authors of the 
 middle ages. Spelman. See Feud. Lib 
 2, tit. 40, § 2. 
 
 HOSTIUM. L. Lat. In old European 
 r army. Spelman, voc. 
 
 host 
 
 law. A 
 Hostis. 
 
 Used also for ostium, a door. Ad hos- 
 tium ecclesiee; at the church door. Bract. 
 
HOU 
 
 (32) 
 
 HOU 
 
 fol. 303. Custodes hostiorum ; door-keep- 
 ers. Stat. Westm. 2, c. 44. Fleta, lib. 2, 
 c. 39. 
 
 HOTCHPOT. [Sax. hutspot, hotspot ; 
 L. Fr. hochepot ; L. Lat. in partem, positio, 
 — collaiio.'] A mixing or blending to- 
 gether; a commixion or commixture of 
 divers things together.* Co. Litt. Ill a. 
 A'throwing of one or more separate por- 
 tions into a common stock* Anciently 
 applied to the mixing and blending of 
 lands given to one daughter in frank-mar- 
 riage, with those descending to her and 
 her sisters in fee simple, for the purpose of 
 dividing the whole equally among them ; 
 without which, the daughter who held in 
 frank-marriage could have no share in the 
 lands in fee simple. £itt. sect. 267, 268. 
 Co. Litt. Ill a. 2 £1. Com. 190. Toput 
 in hotchpot, or bring into hotchpot, (L. Fr. 
 mitter en hotchpot,) signified to make this 
 mixture. Litt. sect. 267, 268. These 
 terms are traced by Blackstone, after Spel- 
 man, to themittere in confusum, of the law 
 of the Lombards. 2 Bl. Com. 190. The 
 word hotchpot is considered by Webster as 
 of French origin ; but Lord Cote treats it 
 as another form of the Sax. hotspot, a pud- 
 ding or mixture of different ingredients, 
 and Littleton expressly gives it this mean- 
 ing. Litt, sect. 267. Co. Litt. 177 a. 
 Spelman writes it hotchpotch, which form 
 is also used in some of the old reports. 2 
 Bep. in Ch. 360. And see .Bocon's Works, 
 ivi 255. 
 
 Hotchpot, or the putting in hotchpot, is 
 applied in modem law to the throwing the 
 amount of an advancement made to a -par- 
 ticular child in real or personal estate, into 
 the (Sommon stock, for the purpose of a 
 more equal division, or of equalizing the 
 shares of all the children. 2 Bl. Com. 
 ■ 516, 517. 2 Kenfs Com. 421, 422. 4: Id. 
 418, 419. This answers to, or resembles 
 the collatio bonorum, or collation of the 
 civil law. Id. ibid. See Collatio bonorum. 
 The term has been applied by Mr. Justice 
 Story in a case of salvage. 1 Sumner's 
 B. 400, 421. It has also been applied, in 
 insurance law, to the interests of the own- 
 ers of a vessel. 14 East, 522. 
 
 HOUAWARTH. [quasi Ao>ar(Ze, from 
 Sax. hof, a house, and werde or warde, a 
 guard.] In old European law. One that 
 keeps or guards a house, {cedium vel aulce 
 custos.) Spelman. L. Baivarior. tit. 19, 
 §9. 
 
 HOUR. [Lat. hora.] The twenty-fourth 
 
 part of a day, consisting of sixty minutes. 
 In the old books it is said to consist of 
 forty minutes, or moments. Bract, fol. 
 264. Fleta, lib. 5, c. 5, § 31. 2 Inst. 318. 
 In the note to 2 Bl. Com. 140, the word 
 forty in 2 Inst. 318, is called a misprint. 
 But Lord Coke merely copied from Brac- 
 ton, or Fleta, both of whom very plainly 
 use the word quadraginta. See ITora. 
 
 HOUR OF CAUSE. In Scotch prac- 
 tice. The hour when a court is met. 3 
 How. State Trials, 603. 
 
 HOUSE, [from Sax. hus ; Lat. domus."] 
 A building intended for human habitation. 
 14 Mees. S W. 181. " We all think," ob- 
 serves Pollock, C. B. in this case, " that the 
 term house, primd facie, means a dwelling- 
 house. Id. 185. And see 4 Man. Or. & 
 Scott, 105. But in 7 Man. & Gr. 122, it 
 was said that a house does not necessarily 
 mean a dwelling-house. CresweU, J. Id. 
 136. A building calculated to be used as 
 a dwelling-house, though not used as such, 
 is properly described as "a housed Id. 
 122. This was decided under the statute 
 2 Will. IV. c. 35. A building divided 
 into floors and apartments, with four walls, 
 a roof, a door and chimneys, would be con- 
 sidered in ordinary parlance between man 
 and man, as a house. Tindal, C. J. Id. 
 125. See Lomus, Dwelling-house. 
 
 By the grant of a messuage or house, 
 the orchard, garden and curtilage occupied 
 therewith will vpass, (but contra, as to the 
 garden ;) and so an acre or more may pass 
 by the name of a house. So, by a devise 
 of a messuage or house, land wiU pass ; 
 but what shall be said to pass by a devise 
 is a question of intention. 1 Crabb's Heal 
 Prop. 68, § 87. In Pennsylvania, it has 
 been held that in the devise of a house in a 
 will, the word " house" is synonymous with 
 "messuage," and conveys all that comes 
 within the curtilage. 4 Bawle's It. 339. 
 4 Pmn. St. (Barr's) R. 93. But this is 
 doubted. 2 Hilliwrd's Beat Prop. 543. 
 
 1 Jarman on Wills, 709, (606, 607, Per- 
 kins' ed. notes.) For the meaning of the 
 word house in the law of arson and bur- 
 glary, see Wharton's Am. Crim. Law, §§ 
 1555—1576. Id. § 1667. 
 
 HOUSE. A legislative body ; the quo- 
 rum of a legislative body. The term house 
 means the members present doing business. 
 
 2 Michigan (Gibbs) B. 287. 
 HOUSEBOTE, Houshote. [from house, 
 
 and Sax. bote, an allowance.] An allow- 
 ance of wood made to a tenant, for repairing 
 
HOU 
 
 (33) 
 
 HUE 
 
 his house. Necessary timber which a 
 lessee for years, or for life, is allowed to 
 cut oflF the ground let to him, for the pur- 
 pose of repairing the houses upon the 
 same ground.* Termes de la Ley. 2 Bl. 
 Com. 35. Bract, fol. 408. It is sometimes 
 said to include necessary wood for burn- 
 ing in the house ; though the latter is more 
 properly called by. the distinct name of 
 hre-bote. Co. Lift. 41 b. 2 Bl. Com. 
 35. Bracton {ub. sup.) makes a clear dis- 
 tinction between them. 
 
 HOUSEHOLD. A family living to- 
 gether. Piatt, J. 18 Johns. B. 400, 402. 
 Those who dwell under the same roof and 
 compose a family. Webster. A man's 
 family living together constitutes his house- 
 hold, though he may have gone to another 
 state. 1 8 Johns. R. ub. sup. 
 
 Belonging to the house and family ; do- 
 mestic. Webster. 
 
 "HOUSEHOLD FURNITURE," in a 
 will, includes all personal chattels that may 
 contribute to the use or convenience of the 
 householder, or the ornament of the house ; 
 as plate, linen, china, both useful and orna- 
 mental, and pictures. But goods in trade, 
 books and wines will not pass by a bequest 
 of household furniture. Ambl. 605, 610. 
 1 Boper on Legacies, 268, 270. Ward on 
 Legacies, 215. 2 Williams on Exec. 1021. 
 1 Johns. Ch. B. 329. See Supellex. 
 
 " HOUSEHOLD GOODS," in a will, 
 include every thing of a permanent nature, 
 (i. e. articles of household which are not 
 consumed in their enjoyment,) that are used 
 in, or purchased or otherwise acquired by 
 a testator for his house. 1 Boper on Lega- 
 cies, 253, and cases there cited. Ward on 
 Legacies, 217. 2 Williams on Exec. 1017; 
 
 "HOUSEHOLD STUFF," in a will, 
 includes every thing which may be used 
 for the convenience of the house, as tables, 
 chairs, bedding and the like. But apparel, 
 books, weapons, tools for artificers, cattle, 
 victuals and choses in action will not pass 
 by those words, unless the context of 
 the will clearly show a contrary inten- 
 tion. 1 Boper on Legacies, 273. Shep. 
 Touch. 447. 
 
 HOUSEHOLDER. The occupier of a 
 house. Brande. More correctly, one who 
 keeps house with his family ; the head or 
 master of a family. Webster. Piatt, J. 
 18 Johns. R. 802. See 19 Wendell's B. 475. 
 14 Barbour's B. 456. A pater familias. 
 8 Mod. 40. One who has a household ; the 
 head of a household. See Household. 
 
 Vol. IL 1 
 
 HOUSEKEEPER. One who keeps or 
 occupies a house, as distinguished from s 
 boarder, inmate or lodger.* A person ac- 
 tually occupying part or the whole of a 
 house, being the party responsible to the 
 landlord for the entire rent, and assessed 
 or liable for parochial rates and taxes. 3 
 Petersd. Abr. 103, note. Webster makes 
 it synonymous with householder, but it has 
 been decided otherwise. 1 Dowl. P. C. 
 172. The principle requiring bail to be a 
 housekeeper is a salutary rule, as it ex- 
 cludes persons who have not a fixed, per- 
 manent and known residence. Ashton, J. 
 Lofft, 148. 
 
 HOVEL. In English law. A shed 
 put up in a field, for sheltering cattle or 
 utensils. . 2 W. Bl. 683, note. Derived 
 from the word to heave. Id. ibid. 
 
 HOWE. In old English law. A hill. 
 Co. Litt. 5 b. 
 
 HUGUSQUE. Lat. In old pleading. 
 Hitherto. 2 Mod. 24. 
 
 HUDEGELD. Sax. In old English 
 law. An acquittance for a trespass or as- 
 sault committed upon a trespassing servant, 
 [quietancia trangressionis illatce in servum 
 transgredientem.) Fleta, lib. 1, c. 47, § 20. 
 Cowell and Blount make this word to, be 
 a misprint for hinegeld. In the additions 
 to Cowell, it is supposed to be the same 
 with hidegeld, a sum paid by a villein 
 or servant to save himself from being 
 whipped. 
 
 HUE AND CRY. [L. Lat. hutesium 
 ei clamor ; clamor popularis ; L. Fr. crie 
 de pays.l In English law. A loud outcry 
 with which felons, (such as robbers, bur- 
 glars and murderers,) were anciently pur- 
 sued, and which all who heard it were 
 bound to take up, and join in the pursuit, 
 until the malefactor was taken. Bract 
 fol. 116 b, 124. The ancient law was that 
 where a felony had been committed, and 
 the felon fled and could not be taken, hue 
 and cry was to be immediately raised, 
 {statim levetur hutesium,) and pursuit 
 isectob) made after him from town to town, 
 {de villa in villam,) or from one district to 
 another, {de terra in terram,) until, he was 
 taken; otherwise the township (villata) 
 where the felony was committed was liable 
 to be amerced. Bract, ub. sup. The hue 
 and cry might be by horn, and by voice, {de 
 corne et de bouehe ;) and in Scotland it was 
 raised by blowing a horn, with which the 
 la meyne de corne of Britton corresponds. 
 2. Inst. 173. Skene de Verb. Signif. vo« 
 
HUL 
 
 (34) 
 
 nuN 
 
 Mutesium. £ritt.c.U7. Its object was to 
 raise the countty, or to give general notice 
 to the neighboring inhabitants, so as to se- 
 cure an immediate and efibctual pursuit. 
 It is now discontinued in England, having 
 given place to the ordinary complaint 
 made to a peace officer, on commission of 
 a felony ; but a modification of it exists in 
 the outcry made upon the escape of a 
 thief, which is still common there as well 
 as in the United States. 4 Steph. Com. 
 ■360, 361. The public and general pursuit 
 made after felon,s, upon complaint made, is 
 still retained. Id. ibid. 
 
 The words hue and cry, according to the 
 best authority, are of the same significa- 
 tion ; hue being derived from the Er. huyer, 
 to cry out or exclaim. Spelman. 2 Inst. 
 ITS. Bracton uses hue (hutesium) alone, 
 in some passages. Bract, fol. 115 b, 124. 
 Grlanville, on the other hand, uses cry, 
 (clamor,) without hue, calling it the cry of 
 the country, (clamor popularis ;) and so 
 does the statute of Westminster 1, c. 9, 
 (crie de pays.) Fleta calls it clamor pa- 
 trice, and, in another passage, clamor per 
 hutesios. Fleta, lib. 1, c. 24, § 1 ; c. 27, 
 § 1. Skene derives hue from the Fr. oyes, 
 hear ; and Manwood from the Lat. heu, an 
 expression of complaint. See Cowell. And 
 see Clamor, Crie de pais, Hutesium,. 
 
 HUE AND CRY. In English practice. 
 A written proclamation issued on the 
 escape of a felon from prison, requiring all 
 officers and people to assist in retaking 
 him. 3 How. St. Trials, 886. 
 
 HUEBRAS. Span. A measure of land 
 equal to as much as a yoke .of oxen can 
 
 f lough in one day. 2 White's Recop. 
 38,] 49. 12 Peters' E. 443. 
 
 HUIS, Huys, Hus. L. Pr. [from Lat. 
 ostium.^ A door. Al huis d'esfflise ; at 
 the church door. Litt. sect. 39. Al huys 
 de moustre. Britt. c. 107. Al hus de 
 moustre. Tearh. M. 3 Edw. II. 53. 
 
 HUISSIER. Fr. [from huis, a door.] 
 In French law. A name given to the ex- 
 ecutive officers of courts of justice, whose 
 original function was that of a door-keeper. 
 Brande. The English word usher is from 
 this source. 
 
 H'UIT. A contraction of Hahuit. 1 
 Imtr. Cler. 10. 
 
 HULKA. L. Lat. In old records. A 
 hulk or small vessel. Oowell. 
 
 HULLUS. L. Lat. In old records. 
 A hill. 2 Mon. Angl. 292. Cowell. 
 
 HULMUS. See Holm. 
 
 HUM, Hu^m. L. Fr. Gorrnpt forma 
 of home, (q. v.) KeVham. 
 
 HUNDRED. [L. Lat. hundredus, hiin- 
 dredunu, hundreda; eentena, centuria^ la 
 English law- A portion or subdivision of 
 a county; so named, Tsecause originally 
 composed of ten tithings, or consisting, as 
 is supposed, of one hundred freemen or 
 frankpledges, although the number of one 
 hundred does not seem to have been inva- 
 riable. Spelman. Its establishment ia 
 generally ascribed to Alfred, and it is sup- 
 posed to have been introduced from the 
 continent where a similar territorial divi- 
 sion, under the name of eentena, prevailed 
 from a very early period. See Centena, 
 Its essential use was in the liability of the 
 hundredors, (or families composing it,) 
 where ofiences were committed within their 
 district, either to produce the oflfender or 
 make good the damage, and this feature, 
 which seems to have always belonged to 
 it, is still to a limited extent retained. 1 
 Bl. Com. 115. See Hundredor. Its 
 ancient importance arose, in a great de- 
 gree, from the court which was regularly 
 held in it for the trial of causes, called the 
 hundred court, now disused. See Huvr- 
 dred Court. It was governed by an officer 
 called dominus hundredi, (lord of the 
 hundred,) aldermannus hundredi, (alder- 
 man of the hundred,) or hundredarius, 
 (hundredary ;) and is now under the 
 government of a high constable or bailiff 
 Spelman. Crabb's Hist. Eng. Law, 17. 1 
 Bl. Com: 115. 1 Steph. Com. 117. In 
 some of the more northern counties, hun- 
 dreds are called wapentakes. Id. ibid, and 
 notes. 
 
 • HUNDRED COURT. [L. Lat. curia 
 hundredi.^ In English law. A larger 
 court baron, being held for all the inhabit- 
 ants of a particular hundred, instead of a 
 manor. The free suitors are the judges^ 
 and the steward the registrar, as in the 
 case of a court baron. It is not a court of 
 record, and resembles a court baron in all 
 respects except that in point of territory it 
 is of greater jurisdiction. Like several 
 other inferior courts, however, it has fallen 
 into disuse, and is not now resorted to. 3 
 Bl. Com. 34, 35. 3 Steph. Com. 394, 
 395. This is not to be confounded with 
 the hundred court of the Saxon times, 
 called hundred gemote, (q. v.) 
 
 HUNDRED GEMOTE. [L. Lat. curia 
 centurim, or hundredi; hundredum.'] In 
 Saxon law. A meeting or court of a hun- 
 
HT3?N 
 
 (36) 
 
 HITS 
 
 dred. Soe Gemote. A court held for 
 evQTf hundred, by the hnndredora or in- 
 habitants . of the district, who were com- 
 pelled to attend under heavy penalties. It 
 was of consideraible importance and dis- 
 tinction, being a court of civil and criminal 
 jurisdiction, and having cognizance, like 
 the county court, of ecclesiastical as well 
 as civil matters. Spelmam, voce. Mundre- 
 dus, &emohim. 1 Reeves^ Hist. Eng. Law, 
 1. Ombb's Hist. 27. 
 
 HUNDRED LAGH. Sax. The law 
 of the hundred, or hundred G0urt ', liability 
 to attnnd the hundred court. Spdman, 
 voo. HuTidredus. Gowell and Blount trans- 
 late it, hundred court. 
 
 HUNDRED PENNY. In old English 
 law. A tax collected from the hundred, 
 by the sheriff or lord of the hundred. 
 Spelman, voc. Handredus. 
 
 HUNDRED SETENA. Sax. InSaxon 
 law. The dwellers or inhabitants of a hun- 
 dred. \ Mon. Angl. \Q. Cowdl. Blount. 
 Spelman suggests the reading of aceatena, 
 from Sax. sceat, a tax. 
 
 HUNDRED WEIGHT. A denomina- 
 tion of weight containing one hundred and 
 twelve pounds. Brands. For the weight 
 of the old eentencL or hundred, see Meta, 
 lib. 2, c. 12, §§ 4, 6. And see Oenterm. 
 
 By the Revised Statutes of New-York, 
 a hundred weight is made to consist of one 
 hundred pounds avoirdupois. 1 Rev. Stat. 
 [611, § 35,] 621, § 39. 
 
 HUNDREDA. L.Lat. In old English 
 law. A hundred. Spelman, voc. Hun- 
 
 /IvRtl ft, 9 
 
 HUNDREDARIUS. L. Lat. In old 
 English law. A hundredary, or hundredor. 
 A name given to the chief officer of a hun- 
 dred, as well as to the freeholders who 
 composed it. Spelman, voc. Hundredus. 
 
 HUNDREDARY. [L. Lat. hundreda- 
 «'««.] The chief or presiding officer of ahun- 
 dred. See Hundredarius. 
 
 HUNDREDORS. In English law. The 
 inhabitants or freeholders of a hundred, 
 anciently the suitors or judges of the hun- 
 dred court. See Hundred. Persons im- 
 panneled or fit to be impanneled upon 
 juries, dwelling within the hundred where 
 the cause of action arose. Cromp. Jur. 
 217. It was formerly necessary to have 
 some of these upon every panel of jurors. 
 3 Bl. Oom. 359, 360. Id. S62. 4 Steph. 
 Oom. 370. 
 
 The term hundredor was also used to 
 signify the officer who had the jurisdiction 
 
 of & hundred, and held the hundred court, 
 and sometimes the bailiff of a hundred. 
 Termes de la Ley. ■ Oowell. 
 
 The inhabitants of a hundred in which 
 any damage is done by rioters feloniously 
 demolishing buildings or machinery, are 
 liaible to make it good to the party injured. 
 Stat. 7 & 8 Geo. IV. c. 31, ss. 2, 3. Stat. 
 2 & 3 Will. IV. c. 72. 4 SUph. Com. 275. 
 This liability was anciently much more 
 extensive and constituted a peculiar feature 
 of the hundred from the earliest times. 
 See Hundred. 
 
 HUNDREDUM. L.Lat. In old Eng- 
 lish law. A hundred ; the subdivision of a 
 county or shire. Spelman, voc. Hundredus. 
 
 The ancient hundred court. Qualiter 
 hundredum teneri debeat ; how the hun- 
 dred ought to be held. LL. True, apud 
 Spelman, tib. sup. Hundreda ; hundreds 
 or hundred courts. LL. Edw. Conf. c. 35. 
 
 The privilege or immunity of being quit 
 or free from payments or customs due to 
 hundredors, or the governors of hundreds. 
 Spelman,voc. Hundredus. Termes de la Ley. 
 
 HUNDREDUS. L. Lat. A hundred. 
 Spslman. 
 
 HUNT'. The abbreviation of Hunting- 
 donshire, in old English pleadings and re- 
 cords. Towns. PI. 147. 1 Inst. Cler. 28'. 
 
 HURDEREFEST. Sax. [from hyred, 
 a family, and/asi, fixed.] In old English ' 
 law. One who is fixed or settled in a cer- 
 tain family. Spelman. Called by Brac- 
 ton, husfastene, (q. v.) 
 
 HURDLE. In English criminal law. 
 A kind of sledge, on which convicted 
 felons were drawn to the place of execu- 
 tion. See Draw, Drawing to execution. 
 
 HURST, Hirst. [Sax. hyrst.] In old 
 English law. A wood. Spelman. Co. 
 Litt. 4 b. 
 
 HURTO. Span, [from Lat. furtum, 
 q. v.] In Spanish law. Theft. White's 
 New Recap, b. 2, tit. 20. 
 
 HUS. Sax. House ; a house. See Husbrec. 
 
 HUS. L. Fr. Door ; a door. See Huis. 
 
 HUS AND HANT. These words oc- 
 cur in a record of the Curia Regis in the 
 27th year of Henry III. (rot. 9,) setting 
 forth that a certain H. P. being arrested on 
 the complaint of merchants of Flanders and 
 imprisoned, offers to the king Hus and 
 Hant in pledge, {offert domino regi Hus et 
 Hant in plegio,) to stand to the right, and 
 to answer to the aforesaid merchants, and 
 to all others who will complain against him. 
 And divers persons come who become bail 
 
HUS 
 
 (36) 
 
 HYE 
 
 that the said H. P. shall appear by Hua 
 and Hant, {manucapiunt quod dictus H. P. 
 per hus et hant veniet,) at the king's sum- 
 mons, &c. Spelman suggests that this may 
 be common bail by fictitious persons, like 
 the more modem John Doe and Richard 
 Roe. But the proceeding more nearly re- 
 sembles the giving of special bail. 
 
 HUSBAND AND WIFE. An impor- 
 tant relation created by marriage. For a 
 comprehensive view of the rights and duties 
 growing out of it, see 2 Kenfs Com. 129 — 
 187, Lect. xxviii. 
 
 HUSBAND LAND. In old Scotch 
 law. A quantity of land containing com- 
 monly six acres. Skene de Verb. Sign. 
 
 HUSBANDRIA. L. Lat. In old Eng- 
 lish law. Husbandry. Dyer, 35 b. (Fr. ed.) 
 Tearb. T. 18 Hen. VI. 2. Whether hus- 
 bandry was an art, see the discussion, ibid. 
 . HUSBANDUS. L. Lat. [from Sax. 
 hus, house, and band, a bond.] In old 
 Scotch law. The head of a family, em- 
 ployed in agriculture ; (Lat. ceconomus, Fr. 
 mesnagier.) Stat. David II. Beg. Scot. 
 Q. 43. Spelm/m. 
 
 HUSBREG. Sax. [from hus, house, and 
 bryce, breach.] In Saxon law. The crime 
 of house-breaking, or burglary. Crabb's 
 Hist. Eng. Law, 59, 308. 
 
 HUSCARLE. Sax. [from hus, house, 
 and carl, man.] In old English law. A 
 house servant, or domestic ; a man of the 
 household, {yir efamilia.) Spelman. 
 
 A king's vassal, thane or baron ; an earl's 
 man, or vassal. A term of frequent occur- 
 rence in Domesday Book. Domesd. tittt. 
 Middlesex, Rogerius comes, Ticheham. Id. 
 tittt. Bockinghamscire, Hugo comes, Sene- 
 lai. Id. tittt. Grentbrigsc. comes Alanus, 
 Sidefam. 
 
 HUSFASTENE. Sax. [from Ams, house, 
 and foest, fixed.] In Saxon law. A term 
 applied to one who held a house and land, 
 {qui terram tenet et domum.) £ract. fol. 
 124 b. A householder, or one who had a 
 fixed habitation, {quasi domi-Jixus,) as dis- 
 tinguished from one who went about from 
 place to place, {itincrans de loco in locum.) 
 Id. ibid. Spelman. All these were bound 
 to be members of some frank pledge. Bract, 
 ub. sup. 
 
 HUSGABLUM. Sax. and L. Lat. [from 
 hus, house, and gdblum, a rent.] In old 
 records. House rent ; or a tax or tribute 
 laid upon a house. 3 M(m. Angl. 254, 
 Qowell. Blount. 
 
 HUSTINGS, Husting. [from Sax. hus, 
 
 house, and thing, a cause, or plea ; q. d. a 
 house of causes, or place where causes are 
 pleaded: L. Lat. hustingum, husiingus, 
 hustingia, hustengus.^ The principal court 
 of the city of London, held before the lord 
 mayor, recorder and aldermen ; of which, 
 however, the recorder is in effect the sole 
 judge. It is the county court of London, 
 but has cognizance of no actions that are 
 merely personal. 3 Steph. Com 449, note 
 (/). 2 Inst. 322. F. If. B. 22 H. It is 
 of Saxon origin, and very high antiquity, 
 as is proved by the record of a transaction 
 before it, in the reign of Henry I. which 
 Spelman gives at length. And see Fleta, 
 lib. 2, c. 2, § 13. Calthrop's a. 131. The 
 proper term seems to be husting, in the 
 singular. See Hustingus. Other cities, 
 besides London, appear to have had their 
 hustings. See Fleta,, ub. sup. 
 
 In Virginia, some of the local courts are 
 called hustings, as in the city of Richmond. 
 6 Grattan's B. 696. 
 
 , HUSTINGUS, Hustmgus. L. Lat In 
 old English law. The husting, or princi- 
 pal court of London. Apud London, in 
 hustingo; at London in the husting. Bract. 
 fol. 127. In London, extra hustingum; in 
 London, out of the husting. Id. fol. 1 33. 
 In hustengo. Fleta, lib. 2, c. 55, § 2. 
 
 HUTESIUM, Euthesium, Uthesium, 
 Utesium. L. Lat. In old English law. A 
 hue, or outcry. Bract, fol. 116 b, 124. 
 Levare hutesium ; to raise the hue. Id. 
 ibid. Hutesium et clamor ; hue and cry. 
 Id. 16 b, 115 b, 157. See Hue and cry. 
 
 HUTFANGTHEFE. Otherwise writ- 
 ten utfangthef, (q. v.) Bract, fol. 122 b, 
 154 b. 
 
 HUY. L. Fr. [from Lat. hodie?} To- 
 day. Kelham. 
 
 HUYER. L. Fr. To cry out, or pro- 
 claim. Kelham. 
 
 HUYS. L. Fr. A door. See Huis. 
 
 HYBERNAGIUM. L. Lat. [from hi- 
 bemus, of winter.] In old English law. 
 The season for sowing winter grain, be- 
 tween Michaelmas and Christmas. Cowell. 
 
 The land on which such grain was sown. 
 Id. 
 
 The grain itself; winter grain or winter 
 corn. Id. 
 
 HYDAGE. SeeHidage. 
 
 HYDE. See Hide. 
 
 HYEMS, Hiems. Lat. In the civil 
 law. Winter. Dig. 43. 20. 4, 34. Writ- 
 ten, in some of the old books, yems. Fleta, 
 lib. 2, c. 73, §§ 16, 18. 
 
HYP 
 
 (37) 
 
 IBI 
 
 HYL. L. Ft. A cormpt form of i7, 
 (q. V.) Kelham. 
 
 HYPOBOLON, Hypobolum. Grseco-Lat. 
 [from Gr. {ira/JoXXeiv, to add a smaller to a 
 lai^er thing or sum.] In civil, feudal and 
 old European law. That which was given 
 to a woman on the death of her husband, 
 in addition to her dowry, {dotis incremen- 
 tuth.) Calv. Lex. It seems to have re- 
 sembled the dower of the English law. Id. 
 ibid. 
 
 HYPOTHEC, [from hypotheea, q. v.] 
 In Scotch law. A right over a subject ac- 
 quired by a creditor, while the subject 
 over which this right is acquired remains 
 in the possession of the debtor and pro- 
 prietor of the subject. BelVs Diet. 
 
 HYPOTHECA. Grseco-Lat. [from Gr. 
 «!ro&7<ij; from imrtBivat, to put Under; Lat. 
 supponere-l In the civil law. That kind 
 of pledge in which the possession of the 
 thing pledged remained with the debtor, 
 the obligation resting in mere contract, 
 without delivery, (qua sine traditione, ntidd 
 eonventione tenetur ;) and in this respect 
 distinguished from pignus, of which the 
 possession was delivered to the creditor or 
 pawnee. Biff. 13. 1. 9. 2. See Id. 20. 1. 
 6. 1. Inst. 4. 6. V. 2 Bl. Com. 159. Story 
 on Bailm. § 286. 2 Story's Eq. Jur. § 1005. 
 Answering to the modern mortgage. 4 
 Kents Com. 136. Literally, ^■putting un- 
 der ; a subjecting to an encumbrance or 
 obligation. The Scotch hypothec, Spanish 
 hipoteca or hypotica, and French hypolhe- 
 que are closely formed from this word. 
 Ypoteca is a Latin form occurring in the 
 Register. Reg. Orig. 306 b. 
 
 The right or obligation arising from a 
 pledge without delivery. Big. 20. 1. 4. 
 Calv. Lex. So far as the remedy {actio 
 hypothecaria) for enforcing the creditor's 
 right was concerned, there was no differ- 
 ence between hypotheea and pignus. Inst. 
 4. 6. 7. Biq. 20. 1. 5. 1. 
 
 HYPOTHECARIA ACTIO. Lat. In 
 the civil law. An hypothecary action ; an 
 action for the enforcement of a hypotheea, 
 or right of mortgage ; or to obtain the sur- 
 render of the thing mortgaged. Inst. 4. 
 6. 7. 1 Macheld. Civ. Law, 395, § 358. 
 Adopted in the Civil Code of Louisiana, 
 under the name of Vaxttion hypothecdrie, 
 (translated, action of mortgage.) Art. 3361. 
 HYPOTHECARII CREDITORES. Lat. 
 In the civil law. Hypothecary creditors ; 
 those who loaned money on the security 
 of a hypotheea, (q. v.) Calv. Lex. 
 
 HYPOTHECATE, [from Graeco-Lat 
 hypotheea, q. v.] To pledge a thing with- 
 out delivering the possession of it to the 
 pledgee. " The master, when abroad, and 
 in the absence of the owner, may hypothe- 
 cate the ship, freight and cargo, to raise 
 money requisite for the completion of the 
 voyage." 3 Kenfs Cvm. I7l. 
 
 HYPOTHECATION, [from Grseco- 
 Lat. hypotheea, q. v.] A pledge without 
 possession by the pledgee. Story on Bailm. 
 § 288. " The hypothecation of the ship or 
 cargo is the transfer of a title to take effect 
 conditionally." 2 Phillips on Ins. 296. 
 See Hypothecate. 
 
 HYPOTHEQUE. Fr. [from Graeco-Lat. 
 hypotheea, q. v.] Translated mortgage, in 
 the Civil Code of Louisiana. Art. 3360. 
 
 HYTHE. Sax. In English law. A 
 port, wharf or small haven, to embark or 
 land merchandise at. Cornell. Blount. 
 
 1. 
 
 I. The initial letter of the word Insti- 
 tuta, used by some civilians in citing the 
 Institutes of Justinian. Tayl. Civ. Law, 24. 
 
 I, at the beginning of words having the 
 first syllable In, commonly denotes a deri- 
 vation from the Latin, as E, in a similar 
 position, indicates a derivation from the 
 French. See E. But I and E were for- 
 merly, m many instances, used as initial 
 letters indifferently, and in some words the 
 practice continues to be retained. 
 _ I, in the Latin of the civil law, is some- 
 times used for e ; as petitioni for petitione, 
 affinitati for affinitate, and vice versa. So 
 it occasionally occurs in place of u, as reci- 
 perare for reeuperare. Calv. Lex. 
 
 IBERNAGIUM. An old form of hiber- 
 nagium, or hybemagium, (q. v.) 
 
 IBL _ Lat. There; in that place; the 
 correlative of ubi. Calv. Lex. Ibi semper 
 debet fieri triatio ubi jnratores mellorem 
 possnnt habere notitiam. A trial ought al- 
 ways to be had where the jurors can have 
 the best information. 7 Co. 1 b, Bulwer's 
 case. 
 
 Therein ; in that thing. Calv. Lex 
 
 Then. Id. 
 
 IBID. 
 (q.v.) 
 
 IBIDEM. Lat. In the same place. 
 
 In the same thing, matter or case. 
 
 IBIMUS. Lat. [from ire, to go.] We 
 will go. JVec super eum ibimus ; nor -miW 
 we go, or pass upon him. Magna Charta, 
 
 An abbreviation of ibidem. 
 
IDE 
 
 (38) 
 
 IDE 
 
 c. 29. These words have been interpreted 
 to mean, " nor will we sit in judgment up- 
 on him ourselves ;" that is, he shall not be 
 condemned in the court coram rege. 2 link 
 46, 49. 1 Beeves' Mist. 249. But they 
 seem to have imported a forcible rather 
 than a judicial action on the part of the 
 king. See 3 Chitt. Bl. G(ym,. 41, note. 
 And see Nullu's liber homo. 
 
 IBM. A contraction of ibidem, (q. v.) 
 1 Inst. Cler. 10. 
 
 ICEE. L. Fr. There. LL. Gnl. €onq. 
 L2. 
 
 ICTUS. Lat. In old English law. A 
 stroke or blow from a club or stone; a 
 bruise, contusion or swelling produced by a 
 blow from a club or stone, as distinguished 
 itom plaga, (a wound.) i^/eia,. lib. 1, c. 
 41, § 3. 
 
 ICTUS OEBUS. L. Lat. In old Eng- 
 liih law. A stroke which merely made a 
 bruise or swelling, without breaking the 
 skin. Bract, fol. 122. 
 
 ID. A common abbreviation of idem, 
 (q. V.) - 
 
 ID. Lat. That. Id certflm est qnod 
 certum reddi potest. That is certain which 
 can be made certain. 2 Bl. Com. 143. 1 
 Id. 18. 4 ICent'8 Com. 462. See Certum. 
 
 Id certnin est quod certum reddi potest, sedid 
 magis certnm est quod de semetipso est eertnm. 
 
 That is certain which can be made certain, 
 but that is more certain which is certain of 
 itself. 9 Co. 41 a, £arl of Sh-ewsbvry's 
 case. 
 
 Id perfectnm est qnod ex omnibus suis par- 
 
 tibus constat. That is perfect which con- 
 sists of all its parts. 9 Co. 9. 
 
 Id possumus quod de jure possumus. We 
 can do that which we can do lawfully. 
 BroowHs Max. Introd. Power means law- 
 ful power, or right. 
 
 Id quod nostrum est sine facto nostro ad 
 alinm transfcrri non potest. That which is 
 
 ours, cannot be transferred to another with- 
 out our act. Dig. 50. 17. 11. 
 
 ID EST. (abbrev. i. e.) Lat. That is. 
 See Calvin's exposition of this phrase in the 
 civil law. 
 
 IDEM. Lat. The same. Acoprdiog 
 to Lord Coke, idem has two significations, 
 sc idem syllaUs seu verbis, (the same in 
 syllables or words,) and idem re et sensu, 
 the same in substance and in sense. 10 
 Co. 124 a. Case of the Mayor and Bur- 
 gesses of Lynn. 
 
 Idem agcns et patiens esse non potest. The 
 same person cannot be both agent and pa- 
 
 tient. Jenh Gent, 40, case 16. A man 
 cannot, as a judge, administer justice t© 
 himself as a party. Id. 
 Idem est faeere, et nolle probibere cum 
 
 possis. It is the same thing to do a thing, 
 and' to refuse to prohibit it when in yow 
 power.' 3 Inst. 158. Not to forbid or 
 prevent a thing when in your power, is the 
 same as to do it yourself. See Qui non 
 probibetj &6. 
 Idem est nibil dicere, et insnfficienterdieere. 
 
 It is the same thing to say nothingr. and to 
 say a thing insnfficientfy. 2 Insi. 178. 
 To say a-tiiing in an insuflScient manner is 
 the same as not to say it: at all. Applied 
 to the plea of a prisoner. Id. 
 
 Idem est non esse, et non apparer«. It is 
 
 the same thing not to be, as not to appear. 
 JevJe. Gent. 207. Not to appear is the same 
 thing as not to be; BroonisMax. 72, [123.] 
 See Apparens. 
 
 IDEM. L. Lat. In old practice. The 
 said-,, or aforesaid ; said, aforesadd. Distin- 
 gaished feom prcedietus^ in old entries, 
 though having -the same general significa- 
 tion. Towns, PI. 16, 16. Idem semper 
 prossimo antecedenii refeftw. Idem always 
 refers to the next antecedent. Co. Lift. 
 20 bj 385 b. 
 
 IDEM SONANS. L. Lat, Sounding 
 the same or alike ; having the same sound. ; 
 (Li Fr. tout un sound,) A term= applied 
 to names which are substantiallj the same, 
 though sli^tly varied in the spelling,, as 
 Lawrence and Lawmnce, and the like. 1 
 Cromp. ^ M. 806. 3 Chitt. Qm. Pv. 171. 
 
 IDEMPTITAS. L. Lat [from id&m, 
 the same.] In old English piaetice. Same- 
 ness ; identity. Reg. Grig. 104, et seq. 
 Another form of identitaSj (<}. v.) 
 
 IDENTIFICATION, [from Lat. idem, 
 the same, and fetcere;, to make.] In the 
 law of evidence. Proof of identity; a 
 moMng out to be the same ; the act or pro- 
 cess of proving a subject, pereon or thing, 
 before a court, to be the same as i± is claimed 
 or charged to be. Bu^rr. €irc. JEvid. 631. 
 The act or process of proving a person 
 chained with a crime to be the same person 
 who actually committed it. Id. 63% e^ 
 segi The act or process of proving an arti- 
 cle found in the possesion of a peisoa 
 charged with larceny or robbery, to be fefe» 
 same with the article chsHged to have been 
 stolen. Id. 651, et seq. 
 
 IDENTITAS. L.Lat. Identity; same- 
 ness. See Ex multitudine signorum, &e. 
 
 IDENTITY. [L. Lat. idmtitas, idemp- 
 
IDI 
 
 (39) 
 
 roo 
 
 titat,q.v.'\ Inthe law of evidence. Same- 
 ness; the fact that a subject, person or 
 thing before a court, is <Ae same as it is 
 represented, claimed or charged to be. 
 See Burr. Cire. Evid. 382, 453, 631, 644. 
 
 IDEO. Lat. Therefore. Calv. Lex. 
 
 IDEO QUiERE. L. Lat. Therefore 
 inquire. See Qucsre. 
 
 IDEO CONSIDEBATUM EST. L. 
 Lat. Therefore it is considered. The ini- 
 tial words of the ancient entry of judgment 
 on the record in an action at law, and by 
 which that part of the record is still some- 
 times called, in modern practice. Mem,, in 
 Scacc. 20 Edw. L Yearb. T. 1 Edw. IL 
 11. Cro. Jac. 36. 3 Bl. Com. 396. 1 
 Burr. Pr. 254. See Cormderatum est. 
 
 IDEOT. An old form of idiot, (q. v.) 
 
 IDEOTA. An old form of idiota, (q. v.) 
 JVora ideotaa nativitate, sed per infortunium. 
 Mem. in Scacc. P. 20 Edw. L 
 
 IDES. [Lat. idus, from O. Lat. iduare, 
 to divide, because they divided the month.] 
 One of the three divisions of the ancient 
 Roman month. In the months of March, 
 May, July and October, the ides fell on the 
 15th ; and in the othermonths, on the 13th, 
 Adam's Bom. Antiq. 355, 357. 
 
 IDIOCHIRA. Grseco-Lat. {Qi. iUox^fa, 
 from Uioi, private, and x"ft hand.] In the 
 civil law. An instrument privately execut- 
 ed, as distinguished from such as were exe- 
 cuted before a public officer. Cod. 8. 18. 
 11. Calv. Lex. 
 
 IDIOCY. In medical jurisprudence. 
 That condition of mind in which the re- 
 flective, and all or a part of the affective 
 powers, are either entirely wanting, or are 
 manifested to the slightest possible extent. 
 Ray on Insanity, § 51. Wharton <& Stille's 
 Med. Jur. § 222. See Idiot. 
 
 IDIOT, Ideot. [Lat. idiota, ideota ; 
 frona Gr. Uiarns, a private individual. See 
 infra.'] A fool, (fatuus,) or person of 
 no understanding, of which two kinds are 
 mentioned in the books ; an idiot from 
 birth, (idiota a nativitate^ otherwise called 
 a natural fool ; and an idiot from accident 
 or sickness, [idiota a, cas& et infirmitate.) 
 See Idiota. But these distinctions are not 
 always observed ; thus an idiot is expressly 
 defined to be " he that is a natural fool 
 from his birth, and knows not how to count 
 twenty pence, or name his father or mother, 
 nor tell his own age, or such like easy and 
 common matters, so that it appears he hath 
 no manner of understanding, reason or gov- 
 ernment of himself." Termes de la Ley. 
 
 See Natural fool. The terms idiot and 
 natural fool are treated as synonymous by 
 Coke and Blackstone, and Lord Hardwicke 
 has observed that " an idiot was such as 
 was so a nativitate." Co. Litt. 247 a. 4 
 Co. 124 b, 128 a, Beverley's case. 1 Bl 
 Com. 302, 303. 2 Vesey, 407. See 1 Gol- 
 linson on Idiots, 1. Stock on'Non Compotes 
 Mentis, Introd. See Idiocy. 
 
 The original form of this word is the 
 Greek Uiarris, a private individual, one in 
 private life, from ilw, one's own, peculiar, 
 by one's self, (Lat. suus, sui generis.) 
 Hence the Gr. UmTeiuv, to lead a private 
 life. This original sense was retained in 
 the Latin form idiota, which is used by 
 Seneca and other writers to. denote a pri- 
 vate person. But another meaning was 
 more commonly given to the latter word, 
 viz. an illiterate or ignorant person, one de- 
 ficient in learning or understanding, and 
 from this has been derived the intenser 
 sense of the word idiot in modem law. 
 
 IDIOTA. Lat. [from Gr. timrvs, a pri- 
 vate individual.] In the civil law. An 
 unlearned, illiterate or simple person. 
 Calv. Lex. A private man ; one not in 
 office. Id. 
 
 In the common law. An idiot, or fooL 
 Beg. Orig. 266, 267. Idiota a nativitate ; 
 an idiot from birth, or natural fool. Id. 
 ibid. 1 Bl. Com, 303. Purus idiota; 
 an absolute fool. 
 
 IDONEARE. L. Lat [from idoneus, 
 q. v.] In old European law. To make or 
 prove one's self innocent, (idoneum se 
 facere — insontem se reddere ;) to clear one's 
 self according to law, from an accusation of 
 guilt. LL. Longob. lib. 2, tit. 35, 1. 4. 
 Cajpitul. lib. 3, tit 89. Spelman. 
 
 IDONEUS. Lat In the civil and 
 common law. Sufficient; competent; fit 
 or proper; responsible; unimpeachable. 
 Idoneus homo; a responsible or solvent 
 person. Calv. Lex. A competent or cre- 
 dible person; a good and lawful man. 
 Spelman. A person apt and fit to execute 
 an office. 8 Co. 41 b, Qriesley's case.. 
 " He is said in law to be idoneus who has 
 these three things, honesty, knowledge 
 and ability." Id. ihid. Idonea persona ; 
 a fit person or parson. 6 Co. 49 b, Bos- 
 welVs case. "Which epithet idonea in- 
 cludes ability in learning and doctrine, 
 honesty in conversation, and diligence in 
 his function." Id. ibid. 
 
 Sufficient; adequate; satisfactory. Ido- 
 nea cautio; sufficient security. Beg. Orig. 
 
IGN 
 
 (40) 
 
 IKE 
 
 66,67. T. Haym. 225. Idonea paries ; 
 a- sufficient wall. Calv. Lex. 
 
 IDONIETAS. L. Lat. [from idomus, 
 a. v.] In old English law. Ability or 
 fitness (of a parson.) Artie. Cleri,c. 13. 
 
 IGALE. L.Fr. Equal. Eelham. An- 
 other forna of egale. 
 
 IGLISE. "L. Fr. A church. Eelham. 
 Another form of eglise. 
 
 IF. [Lat. «.] A word expressive of 
 condition in deeds and other instruments. 
 See Condition, Si. 
 
 " If," in a 'will, is sometimes construed 
 " when," in order to advance the apparent 
 intention of the testator. 3 Buss. Chan. 
 Cos. 365. 2 Williams on Exec. 932. 
 
 IGNITEGIUM. L. Lat. [from ignis, 
 fire, and tegere, to cover.] In old English 
 law. The curfew, or evening bell. Cowell. 
 See Curfew. 
 
 IGNORAMUS. L. Lat. (We are ig- 
 norant, or, we know nothing of it.) In 
 practice. A word formerly endorsed by a 
 grand jury on the back of a bill of indict- 
 ment, in cases where, after hearing the 
 evidence, they thought the accusation 
 groundless. 9 Co. 55 b, The Poulterers' 
 case. Cro. jac. T. Latch, 79. Yelv. 99. 
 The words used for the same purpose, in 
 modem practice, are " not a true bill," or 
 " not found." 4 Bl. Com. 305. 4 Steph. 
 373. The term " ignore," however, is still 
 applied in the books, to this mode of 
 disposing of an indictment ; thus, when a 
 jury throw out a bill, they are said to 
 ignore it. 
 
 IGNORANCE. See Ignorantia. 
 
 IGNORANTIA. Lat. Ignorance ; want 
 of knowledge. Distinguished from mistake, 
 (error,) or wrong conception. 1 Mackeld. 
 Civ. Law, 163, § 165. Dig. 22. 6. Di- 
 vided in the civil law, into ignorantia fojcti 
 (ignorance of fact) and ignorantia juris 
 (ignorance of law.) Dig. 22. 6. 1, pr. 
 Lord Coke adopts this division; adding 
 that the former is twofold, lectionis et 
 Jinguce, (ignorance of reading and ignorance 
 of language.) 2 Co. 3 b, Manser's case. 
 See Cod. 1. 18. 
 
 Ignorantia facti excnsat. Ignorance of 
 
 fact excuses, or is a ground of relief.* 
 3 Co. 3 b. BroonCs Max. [190.] Acts 
 done and contracts made, under mistake 
 or ignorance of a material fact, are voidable 
 and relievable in law and equity. 2 Kenfs 
 Com. 491, and notes. 24 Mississippi 
 R. 44. 
 
 IgQorantia jaris non eicosat. Igno- 
 
 rance of the law is no excuse. 1 Co. \11 b, 
 Mildmay's case. 2 Co. 3 b, Manser's 
 case. Ignorantia juris qnod quisqne tene- 
 tnr scire, neminem excusat. Ignorance of 
 the [or a] law, which every one is bound 
 to know, excuses no man. A mistake in 
 point of law is, in criminal cases, no sort of 
 defence. 4 Bl. Com. 27. 4 Steph. Com. 
 81. Broom's Max. 122, [190.] 7 Carr. 
 tfc P. 456. And in civil cases, ignorance 
 of the law, with a full knowledge of the 
 facts, furnishes no ground either in law or 
 equity, to rescind agreements, or reclaim 
 money paid, or set aside solemn acts of 
 the parties. 2 Kent's Com. 491, and note. 
 A maxim said by Mr. Justice Story to be 
 " laid up among the earliest rudiments of 
 the law." 2 Story's E. 353. Seel Story's 
 Eq. Jur. § 116. 23 Penn. St. B. 509. 
 Another form of this maxim is, Ignorantia 
 legis neminem excusat. Ignorance of the law 
 excuses no man. 1 Story's Eq. Jur. § 111. 
 The substance of both the preceding maxims 
 is embraced in the rule laid down by Paulus, 
 in his book De juris et fctcti ignorantia, — 
 juris quidem ignorantiam cuique nocere, 
 facti Teio ignorantiam non nocere; igno- 
 rance of law prejudices a person, but 
 ignorance of fact does not. See Dig. 
 22. 6. 9, pr. 
 
 Ignorantia jndicis [est] calamitas inno- 
 
 centis. The ignorance of the judge is the 
 misfortune of the innocent party. 2 Jnst. 
 591. 
 
 IGNORARE. Lat. In old practice. 
 To be ignorant ; to ignore, or throw out a 
 bill of indictment. See Ignoramus. 
 
 IGNORARL L. Lat. To be unknown. 
 
 Ignoratis terminis artis, ignoratnr et ars. 
 
 Where the terms of an art are unknown, 
 the art itself is unknown also. Co. Litt. 
 2 a. 
 
 IGNORE, [from Lat. ignorare, q. v.] 
 In practice. To know nothing ; to be 
 ignorant ; to reject on the ground of ig- 
 norance, in consequence of the want of 
 evidence. See Ignoramus. 
 
 Ignoscitnr ci qui sangninem snum qualiter 
 
 redemptnm TOluit. The law holds him ex- 
 cused from obligation, who chose to redeem 
 his blood (or life) upon any terms. What- 
 ever a man may do under the fear of losing 
 his life or limbs, will not be held bidding 
 upon him in law. 1 Bl. Com. 131. 
 
 IKENILD STREET. One of the four 
 great Roman roads in Britain ; supposed 
 to be so called from the Iceni, who in- 
 habited that part of England now known as 
 
ILL 
 
 (41) 
 
 IMM 
 
 Suffolk, Norfolk, Cambridgeshire and Hun- 
 tingdonshire, through which it passed. 
 Camd. Brit. fol. 343. LL. Edw. Cmf. 
 0. 12. Cowell. Spelman. 
 
 IL. L. Fr. It. II covient ; it be- 
 hooveth. Litt. sect. 61. II est dit ; it is 
 said. A common expression in Littleton. 
 lAtt. sect. 601. Said by Lord Coke to be 
 as good as a cancessum, (q. v.) Co. lAtt. 
 328 b. // est comunement dit ; it is 
 commonly said. Utt. sect. 288. That 
 is, it is the common opinion. Co. Litt. 
 186 a. 
 
 He. II monstra ; he showeth. lAtt. 
 sect 365. In the Civil Code of Louisiana, 
 il is declared to be applicable both to males 
 and females. Art. 3522. 
 
 ILL. In old pleading. Bad; defec- 
 tive in law ; null ; naught ; the opposite of 
 good or valid. " An ill teste." ,6 Mod. 
 285. "AniMplea." 11 /d. 258. "An 
 tZZ president." 3 Leon. 28. " The plea is 
 tW; the plea is naught." 2 Mod. 68. 5 Id. 
 168. " It [the declaration] is ill, and shall 
 not be aided." Com. 44. "Both the 
 return and the writ of mandamus are very 
 ill." 5 Mod. 421. " M per curiam, ill." 
 1 Show. 366. 
 
 ILLA. Lat. [plur. of ille, that.] Those. 
 See this word construed in 2 Cb. 33 a, 
 Dodington's case. Winffate's Max. 13, 
 pi. 11. 
 
 ILLEGITIMATE. Not legitimate ; 
 born out of lawful wedlock. See 2 Kents 
 Com. 208. 
 
 ILLE VIABLE. Not leviable ; that can- 
 not or ought not to be levied. Cowell. 
 
 ILLICENCIATUS. L. Lat. In old 
 English law. Without license. I'leta, \ih. 
 3, c. 5, § 12. 
 
 ILLICIT, [from Lat. illicitus, from in, 
 and licitus, allowed, from licere, to permit.] 
 Not permitted or allowed ; prohibited ; un- 
 lawful, as, an illicit trade; illicit inter- 
 course. 
 
 ILLICKES, Ulegues, Mlec, Alec. L. Fr. 
 There. Britt. c. 21. Kelham. 
 
 ILLITERATE. [Lat. illiteratus, from 
 in and literatus, from litera, a letter.] 
 Unlettered, ignorant of letters or books ; 
 untaught ; unlearned ; as a person who 
 cannot read or write. 
 
 ILLONQUES, Illoeqes, Eokes, Iluccke, 
 L. Fr. There. Britt. c. 22. Kelham. 
 
 ILLUD. Lat. That. Illud quod alias 
 lieitum non est, necessitas facit licltam. 
 
 That which otherwise is not lawful, neces- 
 sity makes lawful. Bract, fol. 247. 10 
 
 Co. 61 a. Bishop of Salisbury's case. See 
 
 JvBCGSSi tcbS 
 
 ILLUSORY, [from Lat. illudere, to 
 mock.] Deceiving by false appearances ; 
 nominal, as distinguished from substantial 
 An illusory appointment is one which is 
 merely nominal ; and on that account is 
 fraudulent and void in equity. See 4 
 Kent's Com. 342, 343. By the English 
 statute of Will. IV. Cw 46, it is declared that 
 no appointment shall be impeached in 
 equity, on the ground that it is unsub- 
 stantial, illusory, or nominal. See 6 
 Florida R. 52. 
 
 IMBARGO. An old form of emhargo, 
 (q. V.) Stat. 18 Car. IL c. 5. 
 
 IMBECILITY. [Lat. imbecilitas.'] In 
 medical jurisprudence. Weakness orfeeble- 
 ness of mind ; absence of natural or ordi- 
 nary vigor. See Whart. d: Stille's Med. 
 Jur. §§ 229—233. 
 
 IMBEZLE, Imbesil. Old forms of em- 
 bezzle. Stat. 14 Car. II. c. 31. Cowell. 
 See Kmbezzle. Imbessel. Brownl. & Gold. 
 21. 
 
 IMBLADARE. L. Lat. [L. Fr. embUr, 
 emblaver.] In old English law. To plant 
 or sow grain. Bract, fol. 176 b. 
 
 IMBRACER, Imbracery. Old forms of 
 embracer and embracery, (qq. v.) 
 
 IMBRACIATOR. L. Lat. In old 
 English law. An embracer. Beg.J}rig. 
 189 a. See Embracer. 
 
 IMBREVIARE. Inbreviare. L. Lat. 
 [L. Fr. embrever.] In old English law. 
 To commit to writing briefly, {scripto 
 breviter mandare ;) to put or copy into a 
 schedule, (in schedulam quod breve vacant, 
 rem conscribere ;") to enrol. Spelman. 
 Magna Charta, c. 18. Kt nomina eorum 
 xii statim imbreviari faciant in quadam 
 schasdula ; and they shall cause the names 
 of those twelve to be immediately written 
 in a certain schedule. Bract, fol. 116. 
 See Fleta, lib. 4, c. 5, § 10. To make an 
 inventory ; to inventory. Bract, fol. 60 b. 
 Sometimes translated imbreviate. 
 
 IMBROCUS, Brocus. L. Lat. In old 
 records. A brook, or water-passage. Cow- 
 ell. 
 
 IMMATERIAL. Not material; not 
 essential or important. 
 
 Not formally proper. See Immaterial 
 
 IMMATERIAL ISSUE. In pleading. 
 An issue taken on an immaterial point, that 
 is, a point not proper to decide the action. 
 Steph. PI. 99, 130. 2 Tidd's Pr. 921. 
 
IMP 
 
 (42) 
 
 IMP 
 
 IMMEDIATE. Lat. In old' Englkli 
 law. Immediately ; directly ; without any 
 thing intermediate. Fleta, lib. 3, c. 10, 
 
 §1- 
 
 IMMEDIATELY. [Lat. statim ; Pr. 
 
 maintenant.l This word is often under- 
 stood, not literally, of a time succeeding 
 wiiJiout any interim or actual interval, but 
 of an effectual and lawful time, allowing 
 " all the adjuncts and accomplements," as 
 Lord Bacon terms them, necessary to give 
 an act full legal effect, to be performed. 
 Argument in the Case of Revocation of 
 Uses; Works, iv. 253. See Statim. 
 
 IMMEMORIAL, Beyond time of me- 
 mory. See Time immemorial. 
 
 IMMISCERE. Lat. In the civil law. 
 To mix or mingle with ; to meddle with; 
 to join with. Calv. Lex. Golpfl est im- 
 
 miscere sc rei ad se non pertinenti. It is 
 
 fault or blameable conduct to meddle with 
 a thing that does not belong^ or concern 
 one'^s self. My. 1. I'?. 36. 
 
 To take or enter upon an inheritance. A 
 term applied to those heirs called hceredes 
 suiy corresponding with adire, which was 
 applied to hceredes extranei. Calv. Lex. 
 
 IMMISSIO. L. Lat. [from immiiiere, 
 q. v.] In old English law. A putting 
 in; introduction. ^/e<o,lib. 3, c. 15. § 11. 
 
 IMMITTERE. Lat. In the civil law. 
 To put or let into, as a beam into a wall. 
 Calv. Lex. Dig. 60. IT. 242. 1. 
 
 In old English law. To put cattle on 
 a common. Meta, lib. 4, o. 20, § 1. 
 
 IMMOBILIS. Lat. Immoveable. Im- 
 mohilia, or res immobiles ; immoveable 
 things, such as lands and buildings. 1 
 Mackeld. Civ. Law, 152, § 147. 2 Kent's 
 
 Com. 347. Immobllia sitnm [segnnatur,] 
 
 Immoveable things follow their site or po- 
 sition; are governed by the law of the 
 place where they are fixed. 2 Kenfs Com. 
 67. 
 
 IMMOVEABLES. See Immohilis. 
 
 IMMUNITY. [Lat. immunitas.\ Privi- 
 lege ; exemption from some common bur- 
 den. See Diff. 60. 6. Derived from mu- 
 nus, in the sense of a burden, {onus.) Dig. 
 50. 16. 18. 
 
 IMPAIR. To weaken ; to affect inju- 
 riously ; to diminish or take from. 
 
 "IMPAIRING THE OBLIGATION 
 OF CONTRACTS." For the meaning of 
 this phrase in the Constitution of the Uni- 
 ted States, see Story on the Const, b. 3, eh. 
 34, § 1374, et seq. 1 Kmts Com. 413— 
 422. 
 
 IMPALARK Ir. Lat. In old Euro- 
 pean lawi To impale ; to kill or wound 
 by falling- upon a paling. L. Burgund. 
 tit. 23, § 2. L. Rijmar. tit. 70, § 3. LL. 
 Lmgob. lib. 1, tit. 19, 1. 10. Spel- 
 man. 
 
 IMPANEL. [L. Lat. impanulare, im- 
 pannellare."] In practice. To enter the 
 names of jurors on a, panel, which, in Eng- 
 lish practice, is an oblong piece of parch- 
 ment annexed by the sheriff to the writ of 
 venire, and returned with it. 3 Steph. 
 Com. 690. 2 Tidd's Pract. 785—787. 
 See Panel. 
 
 In American practicci the term is ap- 
 plied not only to the general list of jurors 
 returned by the sheriff, but sometimes also 
 to the list of jurors drawn by the clerk for 
 the trial of a particular cause. 
 
 Empanel is used by Cowelland Blount. 
 
 Pannell is used in the laws of the Colo- 
 ny of New-Plymouth. Nov. 15, 1636. 
 
 IMPANULARE. L. Lat. In old re- 
 cords. To impanel. Pasroch, Antig. 657. 
 Cowell. 
 
 IMPARCARE. L. Lat [from in, in, 
 and parous, a pound, or enclosed place.] 
 In old English law. To impound. Seg. 
 Orig. 92 b. 
 
 To shut up, or confine in prison. Jw- 
 dueti sunt in carcerem et imparcati ; they 
 were carried to prison and shut up. Bract. 
 fol. 124. 
 
 IMPARL, Empeerl. [from Fr. enparUr, 
 to speak together.] In practice. Literally, 
 to speak mth the plaintiff, which is sup- 
 posed to have originally been its actual 
 meaning. See Imparlcmee. To have time 
 before pleading; to have time to plead. 
 " To crave leave to imparl," in judgment 
 records, is to ask for a contitiuancei Kitch. 
 fol. 200. Anciently the parties literally 
 went out of court to imparl. Etpms ils 
 ?'«««•' d'emparler ei rewiemdroni, et Pom. dist 
 que, &c. ; and afterwards they went out to 
 imparl and returned, and Parn. said that, 
 &c. Tearb. P. 5 Edw. IIL 18. When 
 jurors went aside or retired to deliberate 
 on their verdict, they were anciently said 
 to imparl (enparler,) or talk together. See 
 Enparler. 
 
 IMPARLANCE, Emparlance, [from 
 imparl,, (q. v.) L. Lat. interloeutio, inter- 
 loquela, licentia loquendi.^ In practice. 
 Time to plead in actions at law ; literally, 
 time to talk with the plaintiff. 1 Tidd^s 
 Pr. 463. 3 Bl. Com. 2&9. 
 
 A continuance on the judgment record. 
 
IMP 
 
 (43^ 
 
 IMP 
 
 between tlie deekration and plea. 1 Tidd's 
 Pr. 678; 
 
 *!^* Formerly an impavlance was asked 
 for, by actual motion to the court ; its origi- 
 nal object being, as is supposed, to obtain 
 tame to speak witk the plaintiff in order to ef- 
 fect, if possible, an amicable arrangement of 
 the suit. 3 Bl. Com. 299. Gilb. C. Pleas, 
 4:2. The actual object of an imparlance, 
 however, has long been merely the obtain- 
 ing of further time to plead. Imparlances 
 in peraonal actions have been recently 
 abolished by statute 2 WilL IV. c 39. 3 
 Chitt. Gen. Pr. 700. 
 
 In the sense of iime to plead, imparlances 
 have not been recognized in American 
 practice ; time, when necessary, being usu- 
 ally obtained in another way. See Time to 
 plead. But as ecmtinuances, they have 
 been retained in judgment records, and 
 serve conveniently to connect the proceed- 
 ing between declaration and plea, where 
 those pleadings do not take place in the 
 same term. 1 Burr. Pr. 265. The con- 
 tinuance by imparlance has been expressly 
 abolished in English practice. Beff. Gen, 
 Hil. T. 4 Wm. IV. reg. 2. See Continue 
 ance. 
 
 IMPARSONEE. L. Fr. [L. L^ im- 
 personaius.'] In ecclesiastical law. One 
 \rfio is inducted and in possession of a 
 benefice. Parson imparsonee, (persona im- 
 personata.) Cornell. Dyer, 40. 
 
 IMPEACH. \h.'Et.empescher; L. Lat. 
 empetere, impescare, impechiare.^ To ac- 
 cuse or challenge ; to call to account ; to 
 make or hold liable ; to sue. See Im- 
 peachment. To exhibit articles of accusa- 
 tion against a public officer before a compe- 
 tent tribunal. 
 
 IMPEACH. In the law of evidence. 
 To call in question the veracity of at witr 
 ness, by means of evidence adduced for that 
 purpose. 
 
 IMPEACHMENT OF WASTE. [L. 
 Ft. empeschement de wast ; L. Lat. impeti- 
 tio vasti.'l Liability for waste; liability 
 to be proceeded against or sued for eommit- 
 ting Waste upon lands or tenements. AH 
 tenants for life, or any less estate, are pun- 
 ishable or liable to be impeached for waste, 
 both voluntary and permissive, unless their 
 leases be made asthey sometimes are, with- 
 out impeachment of waste, {absque impeti- 
 tione vastL) 2 Bl. Com. 283. See Absque 
 iwipetitiome vasU, Without impeachment of 
 taaste. 
 
 IMPECHIAEE. L. Lat. [from Fr. em- 
 
 In old records. To impeach or 
 accuse. Cowell. 
 
 IMPEDIENS. L. Lat. [from impedwe, 
 q. v.] In old practice. One who hinders ; 
 an impedient. The defendant or defor- 
 ciant in a fine was sometimes so called. 
 Cowell. Blottnt. 
 
 IMPEDIRE. Lat. [from in, in, and 
 pes, foot,] To impede, prevent or embar- 
 rass motion, as by something about the 
 feet; to obstruct or hinder generally; to 
 disturb.* Braeton gives the etymology of 
 this word, but applies it in a peculiar man- 
 ner. Impedire est ponere pedem in Jug 
 aiienum quod qvAs habet in jure prasen- 
 tandi,'cum^ qvMsi seysina etjure qualiquali, 
 <bc. Inupedire is to pat the foot (pectewj 
 into another's right to a; presentation, wili 
 a sort of seisin, and color of right. Bract. 
 fol. 247, See FUia, lib. 5, c. 16, % 2, 
 See Impedit. 
 
 IMPEDIT. Lat. [from impedire, q. v.] 
 He hinders. See Impedire, Quare impedit, 
 Impedit eompenitur de in et pes pedis, rf 
 unde 7-evera ille impedit qui niiiiur inttta 
 pedem ponere in jus aiienum, ubi nullum 
 jus ei competit. Impedii is compounded of 
 in, and pes, pedis, whence he truly impedett 
 who endeavors to put his foot into anoflier's 
 right, where no right belongs to him. 
 Bract, fol. 247. 
 
 IMPEDITOR. L. Lat. [feom impedire, 
 q. v.] In old English law. A disturbe;r 
 in the action of quare impedit. Stat. 
 Marlb. c. 13. 
 
 IMPENStE. Lat. [from impendere, to 
 lay out, or bestow.] In the civil law. Ex- 
 penses; outlays. 1 Mackeld. Civ. Lwwy 
 137, § 155. Cah). Lex. Divided into 
 necessary, {necessarioe^ useful, {utiles,y and 
 tasteful or ornamental (voluptuarite.) Dig. 
 50.16.79. See/rf. 25. 1. 
 
 IMPERATOR. Lat. [from imperar»^ 
 to command.] Emperor; the title of. the 
 Roman emperors. Justinian, in the pre- 
 face ta the Institutes, styles himself "Im- 
 perator, Csesar Flavins Justinianus," && 
 Inst, prooem. Imperator solus et conditor 
 et interpres:- legis existimrntur ; the emperor 
 alone is considered the maker and inter- 
 preter of the law. Cod. 1. 14. 12. And 
 see Tayl. Civ. Law, 30. 
 
 A title given to &» kings of En^nd m 
 charters bef«re the conquest, SeUea^» 
 Tit. of Hon. I. 3, 1 Bl. Com. 243; 
 
 "IMPERFECT," applied to a testa- 
 mentary paper, technically means that the 
 document is, upon the face of it, manifestly 
 
IMP 
 
 (,44) 
 
 IMP 
 
 in progress only, and unfinished and in- 
 complete as to the body of the instru- 
 ment. 2 AddamS R. 35V. 1 Williams 
 on Exec. 61. 
 
 IMPERITIA. Lat. [from in, priv. and 
 peritia, skill.] Want of skill ; unskilful- 
 
 ness. Imperitia cnlps adnuffleratnr. Want 
 
 of skill is reckoned as culpa ; that is, as 
 blameable conduct or neglect. Dig. 50. 
 17. 132. Thus, if a surgeon perform an 
 operation unskilfully, or a physician care- 
 lessly administers medicine, so that the 
 death of the patient follows, they are re- 
 spectively liable for the result. Inst. 4. 3. 7. 
 And so, in any art or trade, if a man per- 
 forms his work unskilfully, he becomes re- 
 sponsible in damages. 2 Kenis Com. 588. 
 Stwy on Bailm. §§ 390 a, 428, 431. See 
 
 Culpa, Peritia, Spondet peritiam artis. 
 Imperitia est maxima meclianicornm poena. 
 
 TJnskilfuIness is the greatest punishment 
 of mechanics ; [that is, from its effect in 
 making them liable to those by whom they 
 are employed.] 11 Co. 54 a, Ipswich Tai- 
 lorS case. The word pmna in some trans- 
 lations is erroneously rendered /aa/i. 
 
 IMPERPETUUM. L. Lat. In old Eng- 
 lish law. Forever. Fleta, lib. 2, c. 54, 
 § 26. Towns. PI. 19. 
 
 IMPERSONALITAS. Lat. Imper- 
 sonality. A mode of expression where no 
 reference is made to any person, such as 
 the expression ut dicitur, (as is said.) Co. 
 
 Idtt. 352 b. Impersonalitas non conclndit 
 
 nee ligat. Impersonality neither concludes 
 nor binds. Id. ibid. 
 
 IMPERIUM. Lat. In the civil law. 
 Power or command; military power or 
 command, (potestas armata;) authority 
 and power of a superior kind ; the power 
 of punishing, ( gladii potestas.) Calv. Lex. 
 Heinec. Elem. Jur. Civ. lib. 4, tit. 17, 
 §§ 1318 — 1322. This was called merum 
 imperium, as distinguished from mixtum. 
 Dig. 2. 1. 3. 
 
 IMPERTINENCE, [from Lat. in, priv. 
 and pertinere, to . belong to.] In equity 
 pleading. The quality of not belonging to 
 a thing, or matter in question ; superfluous- 
 ness ; irrelevance. The introduction of any 
 matters into a bill, answer or other plead- 
 ing or proceeding in a suit, which are not 
 properly before the court for decision, at 
 any particular stage of the suit. Story's 
 Eq. PI. § 266. 1 DanielVs Chanc. Pr. 
 (Perkins' ed.) 399, and notes. Imperti- 
 nence is the same description of fault in 
 pleadings in equity, which, in those at 
 
 common law, is denominated surplusage. 
 Id. 400. Sometimes distinguished from 
 prolixity. Id. ibid. 
 
 IMPERTINENT. In equity pleading. 
 That which does not belong to a pleading, 
 interrogatory or other proceeding ; out of 
 place ; superfluous ; irrelevant. See Im- 
 
 IMPESCARE. L. Lat. [from L. Fr. 
 empescher.l In old records. To impeach or 
 accuse. Impescatus ; impeached. Blount. 
 
 IMPETERE. L. Lat [from in, against, 
 and petere, to demand.] In old English 
 law. To impeach, or accuse. Impetebatur 
 tunc Quntheramnus deinteritu Theodoberti; 
 Gunthram was then accused of the slaying 
 of Theodobert. Crreg. Turon. Hist. lib. 5, 
 c. 14. Spelman, voc. Impetitus. 
 
 To call to account, or hold accountable ; 
 to sue. 2 £1. Com. 283. See Impetilio, 
 Impeachment. 
 
 IMPETITIO. L. Lat. \iiom impetere, 
 q. v.] In old English law. An accusation, 
 charge or impeachment. Spelman. 
 
 A calling to account, or holding account- 
 able or liable ; a prosecuting for some 
 alleged damage. Impetitio vasti ; im- 
 peachment of waste. Id. 2 Bl. Com. 283. 
 
 A demand. 11 Co. 82 b, Bowles' case. 
 
 A suit. Glanv. lib. 13, c. 17. A judi- 
 cial claim or interruption by suit in law. 
 Bacon's Works, iv. 226. 
 
 *^* In Leake v. Eyre, the court held 
 that impetitio was a corruption of impedir 
 tio, and imported the same thing with that 
 word, or impedim^ntum, viz. a hindrance. 
 Cro. Jac. 216. And see Cowell, voc. /m- 
 peachment of waste. But Lord Coke has very 
 satisfactorily shown it to be a gennine 
 word. 11 Co. 82 b. And Lord Bacon 
 has more distinctly said that, '' It is an ig- 
 norant mistaking of any man to take im- 
 peachment for impedimentum, and not for 
 impetitio ; for it is true that impedimentum 
 doth extend to all hindrances or distur- 
 bances, or interruptions, as well in pais as 
 j udiciaL But impetitio is merely a judicial 
 claim or interruption by suit in law, and 
 upon the matter, all one with implacitatio. 
 Wherein we may first take light of the 
 derivation of impetitio, which is a com- 
 pound of the preposition in, and the verb 
 peto, whereof the verb peto itself doth sig- 
 nify a demand, but yet properly such a 
 demand as is not extra-judicial ; for the 
 words petit judicium, petit auditum brevis, 
 &c. are words of acts judicial. But the 
 preposition in enforceth it more, which 
 
IMP 
 
 (45) 
 
 mp 
 
 signifies against ; — so it is such a demand 
 only where there is a party raised to de- 
 mand against, that is, an adversary, which 
 must be in a suit at law, and so it is used 
 in records of law." Bacon's Arg. Case of 
 Impeachment of Waste ; Works, iv. 226, 
 227. 
 
 IMPETITUS. L. Lat. [from impetere, 
 q. v.] In old English law. Impeached, 
 accused or charged with an ofiFence; an 
 accused person. LL. Hen. L c. 6. Spel- 
 man. 
 
 IMPETEARE. Lat. In old English 
 practice. To obtain by request, as a writ 
 or privilege. Bract, fol 51, 112 h. This 
 application of the word seems to be derived 
 from the civil law. Calv. Lex. 
 
 IMPETRATIO. Lat. \ivovti impetrare, 
 q. v.] An obtaining by request, or prayer. 
 Applied, in old practice, to writs and liber- 
 ties. Bract, fol. b1, 172 b. Fleta, lib. 4, 
 0. 5, § 1. Impetration is used in old Eng- 
 lish statutes, for the pre-obtaining of bene- 
 fices and church offices from the court of 
 Rome. Slat. 25 Udw. IIL Stat. 38 £!dw. 
 III. St. 2, c. 1. Cowell. 
 
 IMPIEEMENT. L. Fr. Impairing or 
 prejudicing. Stat. 23 -Here. VIIL c 9. 
 Blount. Kelham. See Empire. 
 
 IMPIGNORATA. L. Lat. Pledged ; 
 given in pledge, (^pipnori data ;) mortgaged. 
 A term applied in Bracton to land. Bract. 
 fol. 20. 
 
 IMPLACITARE. L. Lat. [from in, 
 into, and placitum, a plea or suit/] In old 
 English law and practice. To subject to 
 an action, or placitum;* to implead or 
 sue. 1)1 omni casu quo minores infra 
 cetatem implacitare possunt ; in every case 
 in which minors under age may sue. Stat. 
 Westm. 2, c. 15. Nee implacitabit nee im- 
 placitahitur ; shall neither implead nor be 
 impleaded. Bract, fol. 86 b. Unde eum 
 implacitat ; whereof he impleads him. 
 Fleta, lib. 2, c. 65, § 12. 
 
 IMPLACITATUS. L. Lat. [from /m- 
 placitare, q. v.] Impleaded; sued. Cum 
 aliquis implacitatus coram aliquibus justi- 
 tiariis, &c. ; when any one impleaded be- 
 fore any justices, &c. Stat. Westm. 2, 
 c. 31. See Bract, fol. 102 b. Fleta, lib. 
 8, 0. 60, § 22. 
 
 IMPLEAD, [from L. Fr. impleder or 
 empleder ; L. Lat. implacitare, q. v.] In 
 practice. To sue, or prosecute by due 
 course of law. Termes de la Ley. 3 Gom- 
 stocFs R. 195. Still used in records. 
 
 IMPLEADED. \L. Yi. implede; L. 
 
 Lat. implaxitatus.'\ Sued or prosecnted. 
 Still used in practice, particularly in the 
 titles of causes where there are several 
 defendants. 
 
 IMPLEDER. L. Fr. To implead. Im- 
 plede ; impleaded or sued. Stat. Glocest. c. 
 12. The more usual form was empleder, (q. v.) 
 
 IMPLEMENT. [L. Lat. implementum, 
 from implere, to fill, fulfil or accomplish.] 
 In a general sense, whatever may supply 
 wants. Webster. Any thing used for the 
 performance of a work, or the accomplish- 
 ment of a purpose.* Webster states this 
 to be a word of very extensive signification. 
 
 In a stricter sense — a thing or instru- 
 ment necessary, or ordinarily used for the 
 performance of work or labor, or the pro- 
 secution of any game or sport ; a tool or 
 utensil.* More commonly used in the plural 
 (implements,) and in this sense confined to 
 inanimate things, as implements of trade, 
 of agriculture, &c. In Coolidge v. Choate 
 et al. it was said that the word implements 
 had the same meaning as apparatus, and 
 did not include animals or beings having 
 life. MMetcalfs B.1Q. 
 
 IMPLICATION. Intendment or infer- 
 ence, as distinguished from the actual ex- 
 pression of a thing in words. By a will, 
 an estat* may pass by mere implication, 
 without any express words to direct its 
 course. 2 Bl. Com. 381. 4 Kenfs Ccmi. 
 541, and note. In general, where any im- 
 plications are allowed, they must be such 
 as are necessary, (or at least highly proba- 
 ble,) and not merely possible implications. 
 2 Bl. Com. 382. In construing a will, con- 
 jecture must not be taken for implication, 
 but necessary implication means not natural 
 necessity, but so strong a probability of 
 intention, that an intention contrary to that 
 which is imputed to the testator cannot be 
 supposed. Lord Eldon, C. 1 Ves. & B. 
 466. See 3 Paige's B.\. 1 Jarman on 
 Wills, 465, (431, Perkins' ed.) etseq. 
 
 IMPLIED ABROGATION. Abroga- 
 tion by implication ; as where a law con- 
 tains provisions contrary to those of a 
 former law, without expressly abrogating 
 such law ; or where the reason of a law, or 
 object for which it was passed, has ceased 
 
 to exist. See Cessante ratione Icgis, cessat 
 
 et ipsa lex. The implied repeal of statutes 
 is not favored. 16 Georgia A 361 
 
 IMPLIED ASSUMPSIT. An" under- 
 taking or promise not formally made, but 
 presumed or implied from the conduct of a 
 party. See Assumpsit. 
 
IMP 
 
 (46) 
 
 IMP 
 
 IMPLIED CONDITION. See Condi- 
 tion implied. 
 
 IMPLIED CONSIDERATION. A 
 consideration implied or presumed by law, 
 as distinguished from an express considera- 
 tion, (q. V.) 
 
 IMPLIED CONTRACT. A contract 
 implied by reason and justice, and ■which 
 therefore the law presumes that every man 
 undertakes to perform. As if I employ a 
 person to do any business for me, or per- 
 form any wort, the law implies that I un- 
 dertook or contracted to pay him as much 
 as his labor deserves. 2 Bl. Com. 443. 
 3 Id. 158—165. 2 Steph. Com. 110, 111. 
 Sometimes called an implied assumpsit. 
 
 3 £1. Com. ub. sup, 
 
 IMPLIED COVENANT. A covenant 
 implied or inferred from certain words in 
 deeds, leases, &c. ; as "give," "grant, bar- 
 gain and sell," " demise," and the like. 
 
 4 Kenes Com. 473, 474. 2 HilHard's 
 Real Prop. 365, 366. 
 
 IMPLIED MALICE. Malice presumed 
 or implied by law from the acts of a party 
 and the circumstances of a case.* "Malice 
 inferred from any deliberate cruel act com- 
 mitted by one person against another, 
 however sudden. Whartmi on Homicide, 
 38. What is called general malice is often 
 thus inferred. Id. ibid. 
 
 IMPLIED TRUST. A trust raised or 
 created by implication of law ; a trust im- 
 plied or presumed from circumstances.* 
 2 CrahVs Real Prop.b1\,%\lQQ. 1 Steph. 
 Com. 346. A more general term than " re- 
 sultinff," or " constructive" trust. 2 CrahVs 
 R. P. ub. sup. See 2 Story's Eq. Jur. 
 § 1105, et seq. 1 Hilliard's Real Prop. 305. 
 
 IMPLIED WARRANTY. A warranty 
 implied by law from circumstances, as dis- 
 tinguished from an express or actual war- 
 ranty. Thus, if the seller of a chattel have 
 possession of it and sell it as his own, and 
 not as agent for another, and for a fajr 
 price, he is understood to warrant the title. 
 2 Kenfs Com. 478. A warranty of the 
 quality of an article sold is also sometimes 
 implied. Id. 478 — 481, and notes. See 
 1 Selden's R. 73. 
 
 A warranty implied from an instrument 
 or from particular words in an instrument. 
 Thus, in every policy of insurance there is 
 an implied warranty that the ship is sea- 
 worthy when the policy attaches. 3 Kenfs 
 Com. 287. 1 Phillips on Ins. ZQ9. So in 
 ancient deeds, the law implied a warranty 
 from the word dedi. See Dedi, 
 
 IMPONERE. L. Lat. [from m, in or 
 upon, and ponere, to put.] In old practice. 
 To put in. Imposuit commune ballium ; 
 he put in common bail. 1 Salk. 8, pi. 19. 
 
 To put upon, or impose. See Impositio. 
 
 To IMPORT, [from Lat. importwre, 
 from in, into, and portare, to carry or 
 bring.] In a general sense — to biing to, 
 or in ; to bring to or into a country. This 
 sense of the word was contended for in the 
 case of the Ship Adventure and Cargo,\)Vit 
 disallowed by Marshall, C. J. 1 Brock. R. 
 235. 
 
 In a stricter sense — to bring goods, 
 chattels or other property into a country 
 from another country ; to bring from a 
 foreign port; to bring by sea, or in the way 
 of trade.* See Import. 
 
 IMPORT. A thing imported ; a thing 
 or article brought into a country from an- 
 other country. More commonly used in the 
 plural. See Imports. 
 
 IMPORTATION. The act of brin^g 
 goods and merchandise into a country from 
 a foreign country. 
 
 IMPORTER. L. Fr. To carry away. 
 Coupa et importa ses arbres ; cut and car- 
 ried away his trees. Yearb. M. 5 Edw. 
 III. 109. Arbres coupes etimportes ; trees 
 cut and carried away. Dyer, 35 b, (Fr. 
 ed.) Blees imports ; com carried away. 
 Id. 36 b. 
 
 IMPORTS. Things imported. Mar- 
 shall, C. J. 12 Wheaton's R. 419. Things, 
 commodities or articles of property im- 
 ported into a country from another coitn- 
 try.* Woodbury, J. (dissenting,) 7 JETow- 
 ard's R. 535. See 10 Richardson^ s Law 
 R. 474. " No state shall, &c., lay any im- 
 posts or duties on imports or exports," &c. 
 Const. U. S. Art. 1, Sect. 10. The term 
 is not properly applicable to persons, except 
 to that description of persons who are re- 
 garded as property, viz. slaves. Taney, 
 C. J. (dissenting,) 7 Howards R. 477. 
 Daniel, J. (dissenting,) Id. 505. Wood- 
 bury, J. (dissenting,) /rf. 535. 
 
 IMPORTUNITY. [Lat. importunitas.] 
 Pressing solicitation ; urgent request; ap- 
 plication for a claim or favor which is 
 urged with troublesome frequency or per- 
 tinacity. Webster. Importunity is some- 
 times a ground for setting aside a will. 
 But it must be in such a degree as to take 
 away from the testator free agency; it 
 mast be such importunity as he is too weak 
 to resist; such as will render the act no 
 longer the act of the deceased, not the free 
 
IMP 
 
 (41) 
 
 IMP 
 
 act of a capable testator, in order to invaU- 
 date the instrument. Sir John Nicholl, 2 
 Phillim. R. SSI, 552. 1 Williams on 
 Exec. 41. 
 
 IMPOSITIO. Lat [from iimp&nere, 
 q. v.] In old English law. An imposi- 
 tion, tax or tribute. According to Lord 
 Coke, this word was first used in the 13th 
 year of Edward III. 2 Inst. 60, 530. 
 The older expression was maletot. Stat. 
 Confirm. Chartar. c. 1. 2 Inst. 530. See 
 the Great Case of Imj)ositions, 2 Sow. St. 
 Trials, 425. 
 
 IMPOSSIBILIS. Lat. Impossible. See 
 Calv. Lex. Impossibilium nulla obligatio 
 est. There is no obligation of [to do] im- 
 possible things. Dig. 50. 17. 185. [145.] 
 As if a man promises to give another the 
 moon. Id. gloss, marg. See 2 Sto'y's 
 Eq. Jur. §8 1308 — 1310. Lex noii cogit 
 ad impossibiliai The law does not compel 
 the performance of impossibilities. Hoh. 
 96. BroonCs Max. [186.] Ea qns dari 
 impossibilia gnjit, Tel quae in rerom natnra 
 non snnt, pro nan adj«ctis habentor. Those 
 
 things which are impossible to be given, or 
 which do not exist in the nature of things, 
 are considered as not added [as making no 
 part of the contract.] Big. 50. 17. 135. 
 
 IMPOST. Fr. and Eng. [from imposer, 
 to lay upon ; Lat. imposiium, a thing kid 
 upon.] A custom or tax levied on articles 
 brought into a country. Marshall, C. J. 
 11 Wheaion's M. 419. — A duty on impor- 
 ted goods and merchandise. Story on the 
 Const. § 952. Id. (Abr.) § 474. 
 
 In a large sense, any tax, duty or im- 
 position.* Id. ibid. 
 
 IMPOSTERUM. L. Lat. Hereafter. 
 Towns. PI. 72. 
 
 IMPOTENCE. In medical jurispru- 
 dence. Want of procreative power in the 
 male. Whart. & Stille's Med. Jur. § 419, 
 et seq. 
 
 IMPOTENS. Lat. [from in, priv. and 
 potens, able.] Unable ; impotent ; without 
 power or ability. Impotens sui ; having 
 no power of himself, unable to help him- 
 self. Bract, fol. 1 5. Fleta, lib. 3, c. 7, § 1. 
 
 IMPOTENTIA. Lat. [from impotens, 
 q. v.] Inability ; impossibility. Impoten- 
 tia excnsat Itgcm. Inability or impossibili- 
 ty excuses law. Co. Litt. 29 a. 10 Co. 
 139, Keighley's case. 2 Bl. Com. 127. 
 Broom^s Max. 116, [182.] The impossi- 
 bility of a thing dispenses, in certain cases, 
 with a requirement of law. See Lex non 
 cogit ad impossibilia. Where the perform- 
 
 ance of the condition of a bond or recog- 
 nizance is rendered impossible by the act 
 of God, or of the law, or of the obligee, the 
 default to comply with it is excused. 3 
 HilVs (N. Y.) B. 570. 
 
 IMPOUND. To put in a pound; to 
 place cattle, goods or chattels taken under 
 a distress, in a lawful pound. HoWkouse. 
 See Pound. 
 
 IMPRESSOK. [L. Lat. from imprimere, 
 (q. V.) L. Fr. impresseur.'] In old English 
 law. A printer. 1 W. Bl. 116. 
 
 IMPRIMATUE. Lat. [from imprimere, 
 q. v.] (Let it be printed.) A license to 
 print a book ; so termed from the emphatic 
 Latin word formerly used to express it. 
 Imprimaturs were first introduced by the 
 Acts of Uniformity. The first printers in 
 England exercised the art without any li- 
 cense for that purpose. Yorke, SoL Gen. 
 ai^. 1 W. Bl. 114. 
 
 IMPRIMERE. Lat. To press upon;, 
 to impress or press ; to imprint or print. 
 
 IMPRIMERIE, Imprimery. In old 
 English law. A print;, an impression. 
 Cowell. 
 
 The art of printing. Id. 
 
 A printing house or ofiice. Id. Stat. 
 14 Car. IL c. 33. 
 
 IMPRIMIS, (properly INPRIMIS, IN 
 PRIMIS.) Lat. In the first place; first 
 of all. A word formerly very common in 
 the commencement of wills. 2 Powell on 
 Devises, 647, 648. Used also in old Eng- 
 lish statutes and charters, to denote the 
 commencement or first clause. Mag. Cart. 
 9 Hen. IIL c. 1. Artie. Cleri, c. 1. CarU 
 31 Edw. I. apud Molloy de Jur. Mar. 
 370—380. Used by Fleta, in describing 
 the order of pleading. Lib. 2, c. 54. And 
 see Dyer, 74. 
 
 IMPRISON. [L. Fr. enprisoner ; L. Lat 
 imprisonare, q. v.] To put in a prison; . to 
 put in a place of confinement See Im- 
 prisonare. 
 
 To confine a person, or restrain his lib- 
 erty, in any way. See Imprisonment. 
 
 IMPRISONAMENTUM. L.Lat [from 
 imprisonare, q. v.] In old English law. 
 Imprisonment. Est enim imprisonamen- 
 tum duplex delictum, injusta captio et injus- 
 ta detentio, in vinculis vel sine, in cippo vel 
 alia poena majori vel minori ; for impris- 
 onment is a double ofience, an imlawfol 
 taking and an unlawful detention, in chains 
 or without, in the stocks or with other 
 greater or less punishment Fleta, lib 1 
 c. 42, § 1. ' ' 
 
IMP 
 
 (48) 
 
 IN 
 
 IMPEISONARE. L. Lat. [from L. Fr. 
 emprisoner, q. v.] In old English law and 
 practice. To imprison. Quare vi et armis 
 ipsum A. apnd N. cepit, imprisonavit et 
 male tractavit, et ipsum sic imprisonatum 
 abinde usque T. duxit, et ipsum ibidem in 
 prisona — detinuit, &c. ; -wherefore, with 
 force and arms the said A. at N. he took, 
 imprisoned and ill treated, and him so im- 
 prisoned took from thence to T. and him 
 there in prison detained, &c. Beff. Orig. 
 93. See Fleta, lib. 1, c. 42. 
 
 IMPRISONMENT. [L. Lat. imprisma- 
 mentum.'] A putting into prison ; confine- 
 ment of a person in a prison or gaol. See 
 Imprison, Prison, Prisoner. 
 
 Confinement of the person in any wise. . 
 1 Bl. Com-. 136. — Any restraint of the 
 person by force. Lord Denman, C. J. 7 
 Ad. dt Ml. N. S. 742, 753.— Any restraint 
 upon a man's liberty, wherever may be the 
 place, or whatever may be the manner in 
 which the restraint is effected ; ashy keep- 
 ing a man against his will in a private 
 house, or arresting or forcibly detaining 
 him in the open street, or even merely 
 using words which impose a restraint upon 
 his person.* Termes de la Ley. 1 Bl. Oom. 
 136. 2 Inst. 589. 2 Kmffs Com. 26. 
 See the late case of Bird v. Jones in the 
 Queen's Bench, 7 Ad. dt Ell. N. S. 742. 
 
 IMPROBARE. Lat. In the civil law. 
 To disapprove ; to disallow ; the opposite 
 of approbare. Calv. Lex. 
 
 IMPROBATION. [from Lat. improbare, 
 to disallow.] In Scotch law. An action 
 brought for the purpose of having some 
 instrument declared false and forged. 1 
 Forbes" Inst, part 4, p. 161. The act by 
 which falsehood and forgery is proved. 
 BelPs Diet. The verb improve (q. v.) was 
 used in the same sense. 
 
 IMPROPRIATION. In English eccle- 
 siastical law. A lay appropriation ; a bene- 
 fice in the hands of a lay person, or lay 
 corporation. 1 Bl. Com. 386. Termes de 
 la Ley. So called, according to Spelman, 
 as being improperly in the hands of laymen. 
 Spelm. Tithes, c. 29. See Appropriation. 
 IMPROVE. In Scotch law. To dis- 
 prove ; to invalidate or impeach ; to prove 
 false orforged. 1 Forbes' Inst, part 4, p. 162. 
 IMPROVEMENT. In American land law. 
 An act by which a locator or settler ex- 
 presses his intention to cultivate or clear 
 certain land ; an act expressive of the actual 
 possession of land ; as by erecting a cabin, 
 planting a corn-field, deadening trees in a 
 
 forest; or by merely marking trees, or even 
 by piling up a brush-heap.* 
 
 The cabin, field, deadening or brush-heap 
 itself. Seel Bibb's (Ky.)E. 82. 4ld.5l8. 
 
 IMPROVEMENT. In the law of pa- 
 tents. An addition to, or modification of 
 a previous invention or discovery, intended 
 or claimed to increase its utility or value. 
 See 2 JTent's Com. 366—372. 
 
 IMPROVEMENTS. A term used in 
 leases, which, according to Mr. Chitty, is 
 sometimes of doubtful meaning. It would 
 seem to apply principally to buildings, 
 though generally it extends to the amelio- 
 ration of every description of property, 
 whether real or personal ; but when con- 
 tained in any document, its meaning is 
 generally explained by other words. 1 
 Chitt. Gen. Pr. 174. 
 
 As to allowances for improvements to 
 occupants of lands evicted by a better title, 
 see 2 Kent's Com. 334 — 337, and notes. 
 
 IMPRUIARE. L.Lat. In old records. 
 To improve land. Impruiamentum ; the 
 improvement so made of it. Chartul. 
 Abbat. MS. fol. 50 a. Cowell. 
 
 IMPUBES, (pi. IMPtTBERES.) Lat. 
 In the civil law. A minor under the age 
 of puberty ; a male under fourteen years 
 of age ; a female under twelve. Oalv. Lex. 
 1 Mackeld. Civ. Law, 136, § 126. 
 
 IMPUNITA8. Lat. Impunity; ex- 
 emption from punishment. Inipnilitas COn- 
 tinuDm affectum tribnit delinqnenti. Impu- 
 nity offers a continual bait to a delinquent. 
 
 4 Co. 45 a, Vaux's case. 
 
 Impnnitas semper ad dcteriora invitat. 
 
 Impunity always invites to greater crimes. 
 
 5 Go. 109 a, Foxley's case. 
 
 IN. Lat. and Eiig. [Fr. en.] Some- 
 times construed to mean "of," Thus, 
 coroner in a county was held to mean 
 coroner q/" a county. Plowd.16. 4: Co. 41. 
 
 IN. [L. Fr. eins.] A term used, from a 
 very early period, to express the nature of 
 a title, or the mode of acquiring an estate, 
 or the ground upon which a seisin is 
 founded. Thus, in Littleton, a tenant is 
 said to be " in by lease of his lessor," (eins 
 per lease son lessor,) that is, his title or 
 estate is derived from the lease. Litt. 
 sect. 82. So, parceners are said to be " in 
 by divers descents." Id. sect. 313. So, 
 the issue of a husband is said to be " «» by 
 descent," (eins per discent.) Id. sect. 403. 
 So, two sisters are said to be " in by divers 
 titles." /rf. sect. 662. So, in modern law, 
 parties are constantly said in the books to 
 
IN 
 
 (49) 
 
 IN 
 
 V 
 
 be "in by descent," "in hj purchase." 
 A dowress is said to be " in, of the seisin 
 of her husband." 4 Kent's Com. 69. A 
 devisor is said to be " in, of his old estate." 
 1 Powell on, Devises, (by Jarman,) 621, 
 note. So, a lessor. Shaw, C. J. 1 Met- 
 cal/'s B. 120. See JBins. "If he has a 
 freehold, he is in as freeholder. If he has 
 a chattel interest, he is m as a termor. If 
 he has no title, he is in as a trespasser." 
 Lord Mansfield, 1 Burr. 114. 
 
 *;^* This term seems to be a contraction 
 of " in seisin," and to be properly expres- 
 sive of actual possession of the land. Fuit 
 in seisina ; he was in seisin. Fleta, lib. 
 4, c. 16, § 4; c. 17, § 10. So, in Britton 
 it is said, " si le heire soil de pleyn age, et 
 soit eins, et ne voet suffrer le aeigniour de 
 aver seisins," &c. ; if the heir be of full 
 age, and be in, and wUl not suflfer the lord 
 to have seisin, &c. Britt. c. 70. It is 
 essentially figurative, and belongs to the 
 same period with the now obsolete phrase 
 " to come to land," implying in its origin 
 an actual entry and possession. Thus, it is 
 said, " when the lord of a villein enters, he 
 comes to the land in respect of a title para- 
 mount, that is to say, in respect of villein- 
 age, and the lord by escheat in respect of 
 the seigniory which was a title paramount, 
 and both those are in merely in the post," 
 (fee. 3 Co. 62 b, Lincoln College's case. 
 That it was also expressive of mere seisin, 
 without lawful title, appears clearly from 
 Littleton's expression "eins encounter la 
 ley," {in against the law.) Litt. sect. 306. 
 
 IN ACTION. Attainable or recovera- 
 able by action ; not in possession. A term 
 applied to property of which a party has 
 not the possession, but only a right to re- 
 cover it by action. Things in action are 
 rights of personal things, which neverthe- 
 less are not in possession. Hale's Anal. 
 sect, xxiii. See Chose in action. 
 
 IN ADVERSUM. L. Lat. Againstan 
 adverse, unwilling or resisting party. " A 
 decree not by consent, but in adversum." 
 Story J. 3 Story's B. 318. 
 
 m JEQUA MAND". L. Lat. In equal 
 hand. Fleta, lib. 3, c. 14, § 2. 
 
 IN ^QUALIJURE. L. Lat. In equal 
 right ; on an equal in point of right. 
 " Where parties stand in cequali jure, 
 equality of burden becomes equity." 4 
 Kent's Com. 371. In SB^nali jure mslior 
 est conditio possidentis. In [a case of] 
 
 equal right, the condition of the party in 
 possession is the better. Plowd. 296. 4 
 Vol. n. 
 
 Co. 90, Drury's case. The law fevoureth 
 possession, where the right is equal 
 Finch's Law, b. 1, ch. 3, n. 36. Where 
 the right is equal, the claim of the party in 
 actual possession shall prevail Broom's 
 Max. 323, [561.] Thus, where a thing is 
 pledged severally to two creditors, without 
 any communication with each other, and 
 one of them has obtained the possession, 
 he is entitled to a preference. Story on 
 Bailm. § 312. See 1 Story's Eq. Jur. 
 §§ 64 c, 413. 
 
 IN ^QTJALI MANU. L. Lat. [L. Fr. 
 en owele mayn.'\ In equal hand; held 
 equally or indififerently between two par- 
 ties. Where an instrument was deposited 
 by the parties to it in the hands of a third 
 person, to keep on certain conditions, it was 
 said to be held in. cequali manu. Beg. 
 Orig. 28. 
 
 IN ALIENO SOLO. Lat. [L. Fr. en 
 auter soile.'\ In another's land. 2 Steph. 
 Com. 20. 
 
 In alternativis eleetio est debitoris. In a 
 case of alternatives, the choice is the debt- 
 or's. 
 
 IN AMBIGUA VOCE LEGIS. Lat 
 In an ambiguous expression of law. See 
 maxim under Amhiguus. 
 
 IN AMBIGUIS ORATIONIBUS. Lat. 
 In ambiguous discourses. See maxim under 
 Amhiguus. 
 
 In Anglia non est interregnum. In Eng- 
 land there is no interregnum. Jenk. Cent. 
 205. Broom's Max. [39.] 
 
 IN ANTE A. L. Lat. Henpeforth; in 
 future. Spelman. 
 
 IN APERTA LUCE. L. Lat. In 
 open daylight ; in the day time. 9 Co. 
 65 b, Mackalley's ca^se. 
 
 IN APICIBUS JURIS. L. Lat. 
 Among the subtleties or extreme doctrines 
 of the law. 1 Kames' Equity, 190. See 
 Apex juris. 
 
 IN ARCTA ET SALVA CUSTODIA. 
 L. Lat. In close and safe custody. 3 Bl. 
 Com. 415. 
 
 INABTICULO. Lat. In a moment; 
 immediately. Cod. 1. 34. 2. 
 
 IN ARTICULO MORTIS. L. Lat. In 
 the article of death ; at the point of death. 
 1 Johns. B. 159. See Articulus. 
 
 IN AUTER DROIT. L. Fr. In an- 
 other's right Properly, en autre droit, 
 (q. V.) 
 
 IN AUTER SOILE. L. Fr. In or on 
 another's land. Dyer, 36 b, (Fr. ed.) 
 
 IN BANCO. L Lat In banc or bank, 
 
IN 
 
 (SO) 
 
 IN 
 
 as distinguished from " at nisi prius." See 
 Banc, Bank. This application of the 
 phi'ase is plainly derived from the more 
 ancient one, next noticed. 
 
 In the Bench, or Court of Common 
 Bench. Bract, fol. 352 b, 353, 354, 360 b. 
 Goram justitiariis de Banco, ai qui tunc 
 fuerint residentes in banco, et alii itineranies 
 in comitatu ; before the justices of the 
 bench, if there be some then sitting in the 
 bench, and others itinerating in the county. 
 Id. fol. 361. Sive in banco, dve in itinere ; 
 whether in the bench or in the eyre. Id. 
 fol. 352 b. 
 
 IN BLANK. A term applied to the 
 indorsement of a bill or note, where it con- 
 sists merely of the indorser's name. 2 
 Steph. Com. 164. Called blank, from the 
 blank space left over it. See Indorsement 
 in blank. 
 
 IN BONIS. Lat. Among the goods, 
 or property ; in actual possession. Inst. 4. 
 2. 2. Tayl. Civ. Law, 479. Fleta, lib. 3, 
 c. 1, § 3. See Hx bonis. 
 
 IN CAPITA. Lat. To, or among 
 heads or individuals ; according to the 
 number of persons. A term derived from 
 the civil lav?. Succession in capita is 
 where an inheritance is divided viritim 
 (man by man, or singly,) according to the 
 number of persons, all claiming in their 
 own right as being in equal degree of 
 kindred. Hallifajt, Anal. b. 3, ch. 9, num. 5. 
 
 El il TtoWoX rov avrav ^aO/iov hpedaitTtj Karh tov tuv 
 wpaotijntav dpidfidv jtera^v avrwv h K^tipovojiia itatOE- 
 6fia£Tai, oTrep in Capita o{ fjjiETlpot J^iyovat vdjiot ] 
 
 but if there be found several of the same 
 degree, the inheritance shall be divided 
 among them according to the number of 
 persons, which our laws call in capita. 
 Nov. 118, c. 2, ad finem. See Per capita. 
 
 IN CAPITA. L. Lat. To the polls. 
 See Challenge to the polls. 
 
 INCAPITE. L.Lat. In chief. 2 Bl. 
 Com. 60. Tenure in capite was a holding 
 directly from the king. Bacon's Works, 
 iv. 233. 
 
 IN CASU CONSIMILL L. Lat. In a 
 like case. See In consimili casu. 
 
 IN CASH PROVISO. L. Lat. In a 
 (or the) case provided. See Casu proviso. 
 In tali casu editum et provisum ; in such case 
 made and provided. Towns. PI. 164, ] 65. 
 
 IN CAUSA. Lat. In the cause, as 
 distinguished from in initialibus, (q. v.) 
 A term in Scotch practice. 1 Brown's B. 
 252. 
 
 In casn extremae necessitatis, omnia snnt 
 
 commnniai In a case of extreme necessity, 
 all things are common. Hale's P. G. 54. 
 Broom's Max. 1, note. 
 
 IN CHIEF. Relating to a principal 
 matter ; in the principal or direct course ; 
 as distinguished from incidental, collateral, 
 derivative or adverse. See Chief. 
 
 INCOMMENDAM. L. Lat. In com- 
 mendation ; as a commended living. 1 Bl. 
 Com. 393. See Commenda. 
 
 A term applied in Louisiana to a limited 
 partnership, answering to the Fr. en com- 
 mandite. Civ. Code of Louis, art. 2810, 
 See Gommendam. 
 
 In commodato Iixc pactio, ne dolns pra;ste- 
 
 tur, rata non est. In the contract of loan, 
 a stipulation not to be liable for fraud is 
 not valid. Dig. 13. 1. 17, pr. 
 
 IN COMMUNL L. Lat. In common. 
 Fleta, lib. 3, c. 4, § 2. 
 
 In conjunctivis oportet ntramque partem 
 
 esse veranii In conjunctives, it is neces- 
 sary that each part be true. Wingate's 
 Max. 13, max. 9. In a condition consist- 
 ing of divers parts in the copulative, both 
 parts must be performed. Id. ibid. 
 
 IN CONSIDERATIONE INDE. L. 
 Lat. In consideration thereof. 3 Salk. 
 64, pi. 5. 
 
 IN CONSIDERATIONE LEGIS. L. 
 Lat. In consideration or contemplation 
 of law; in abeyance. Dyer, 102 h. Lord 
 Barkley's case. 
 
 IN CONSIDERATIONE PR^MIS- 
 SORUM. L. Lat. In consideration of 
 the premises. 1 Stra. 535. 
 
 In consimili casn, consimile debet esse re- 
 
 medium. In a like case, there ought to be 
 a like remedy. Hard. 65. 
 
 IN CONSPECTU EJUS. L. Lat. In 
 his sight or view. 12 Mod. 95. 
 
 In consuetudinibus. non diuturnitas tem- 
 poris sed soliditas rationis est consideranda, 
 
 In customs, not length of time but solidity 
 of reason is to be considered. Co. Litt. 
 141 a. The antiquity of a custom is to be 
 less regarded than its reasonableness. 
 
 IN CONTINENT! Lat. Immediate- 
 ly; without any interval or intermission. 
 Calv. Lex. ■ Sometimes written as one 
 word, incontinenti, (q. v.) 
 
 IN CONTINENTIBUS. Lat. In the 
 suburbs. See Coniinens. 
 
 In contractibns tacite insnnt [reniunt] 
 qu£ snnt maris et consnetudinis. In con- 
 tracts, matters of custom and usage are tac- 
 itly.implied. A contract is understood to 
 contain the customary clauses, although 
 
 y 
 
IN 
 
 (51) 
 
 IN 
 
 they are not expressed. Story on Bilk, 
 % 143. 3 Kent's Com. 260, note. Broom's 
 Max. [667.] See Benignus. 
 
 In eoatractibos, rei Veritas potins qnam 
 geriptnra perspici debet. In contracts, the 
 
 trath of the matter ought to be regarded 
 rather than the writing. Cod. 4. 22. 1. 
 
 In eontrahenda venditione, ambignnm pac- 
 tum contra Tenditorem interpretandnm est. 
 In the contract of sale, an ambiguous 
 agreement is to be interpreted against the 
 seller. Dig. 00.11.112. See Jrf. 18. 1. 21. 
 
 In conventionibns contrahentinm, volunta- 
 tem potins qnam verba speetari piaenit. 
 In the agreements of contracting parties, 
 the rule is to regard the intention rather 
 than the words. Dig. 50. 16. 219. 2 
 Kenis Com. 555. 
 
 IN CORPORE. Lat. In body, or 
 substance ; in a material thing or object. 
 Sive consistant in corpore, sive in jure ; 
 whether they consist in, or belong to a ma- 
 terial object, or a mere right. Bract, fol. 
 37 b. 
 
 IN CRASTINO. L. Lat. On the mor- 
 row. In crastino Animarum; on the 
 morrow of All Souls. 1 Bl. Oont. 342. 
 See Crastino. 
 
 In criminalibns, probationes debent esse 
 Ince clariores. In criminal cases, the proofs 
 ought to be clearer than light 3 Inst. 
 210. See Cod. 4. 19. 25. 
 
 In criminalibns snfficit generalis malitia 
 intentionis, cum facto paris gradus. In 
 criminal matters or cases, a general malice 
 of intention is sufficient, [if united] with 
 an act of equal or corresponding degree. 
 Bacon's Max. 65, reg. 15. "All crimes 
 have their conception in a corrupt intent, 
 and have their consummation and issuing 
 in some particular fact ; which, though it 
 be not the fact at which the intention of 
 the malefactor levelled, yet the law giveth 
 him no advantage of that error, if another 
 particular ensue of as high a nature." Id. 
 ibid. See Criminalis. 
 
 In the translation of this maxim in 
 Branch's Principia, the words " cum facto 
 paris gradus" are erroneously rendered, 
 "keeping equal pace with the fact commit- 
 ted;" and the error is closely followed in 
 Wharton's Lexicon. Lord Bacon's own 
 words, " another particular of as high a 
 nature," sufficiently explain the meaning. 
 
 IN CUJUS REI TESTIMONIUM. 
 L. Lat. [L. Fr. era tesmoignance de quel 
 chose.'] In witness or testimony whereof. 
 The initial words of the concluding clause 
 
 in ancient deeds, constituting one of the 
 formal and orderly parts of the instrument. 
 Co. Litt. 6 a. 6 Man. & Gr. 4t5l. The 
 whole clause, as given by Fleta, ran thus : 
 In cujus rei testimonium, huic scripto sigil- 
 lum meum apposui ; In witness whereof, I 
 have to this writing set my seal. Fleta, 
 lib. 3, c. 14, § 13. As given by Littleton, 
 it ran thus : In cujus rei testimonium, par- 
 tes proedictoe sigilla sua prveseniibus atteina- 
 tim apposuerunt ; In witness whereof, the 
 parties aforesaid to these presents inter- 
 changeably have put their seals. Litt. 
 371. 
 
 A clause beginning with the same words 
 anciently formed the conclusion of letters 
 patent. In cujus rei testimonium, has Ute- 
 rus nostras (vel meas) fieri fecimus (vel 
 feci) patentes ; In witness whereof, we 
 (or I) have caused these our (or my) letters 
 to be made patent. Reg. Grig. 4 b. And 
 a similar clause concludes some of the old 
 statutes. Stat, de Tallagio, 2 Inst. 536. 
 Stat, of Tithes, Id. 639. 
 
 IN CUSTODIA LEGIS. L. Lat. In 
 the custody or keeping of the law. 2 
 Steph. Com. 74. 
 
 IN DAMNO. L.Lat. In damage ; doing 
 damage. Bract, fol. 158. See Damnum. 
 
 INDEFENSO. L.Lat. In defence; in 
 a state of prohibition ; in fence ; inclosed. 
 A term applied, in old English law, to lands 
 either actually surrounded by an enclosure, 
 or otherwise exclusively appropriated. 
 See Dejensum. Applied also to rivers and 
 their banks. Magna Charta, c. 1 6. Pro- 
 visum est quod aquce de Humbre, &c. ei 
 omnes alice aquce in regno in quibus salmo- 
 nes capiuntur, ponantur in defense, quoad 
 salmones capiendos, a die, &c. ; it is pro- 
 vided that the waters of the Humber, and 
 all other waters in the kingdom in which 
 salmons are taken, shall be put in defense, 
 as to the taking of salmons, from, &c. 
 Stat. Westm. 2, c. 47. See Defendere. 
 
 IN DELICTO. Lat. In fault; in 
 guilt; culpable; guilty. "Where both 
 parties are in delicto, concurring in an il- 
 legal act, it does not always follow that 
 they stand in pari delicto ; for there may 
 be, and often are, very different degrees in 
 their guilt." 1 Story's Eq. Jur. § 300. 
 
 In guilt ; in the act of committing an 
 offence ; in a prohibited act or coarse. 1 
 Kents Com. 151, 191. 
 
 IN DIEM. Lat. For a day; for the 
 space of a day. Calv. Lex. Spiegelius. 
 
 On, or at a day. In diem debitum ; a 
 
IN 
 
 (52) 
 
 IN 
 
 debt due at a certain day. Calv. Lex. 
 Brissonius. 
 
 In disjnnctivis, snfficit alteram partem 
 
 esse veram, In disjunctives, it is sufficient 
 that either part be true. Where a condi- 
 tion is in the disjunctive, it is sufficient if 
 either part be performed. Wingate^s Max. 
 13, max. 9. Lord Ellenborough, 1 East, 
 2T2. BroonCs Max. [455.] See l)bi 
 
 verba conjiiiida, &c. 
 
 INDOMINICO. L. Lat. In demesne. 
 In dominico suo, ut de feodo ; in his de- 
 mesne as of fee. Bract, fol. 253 b, 261b. 
 Fkta, lib. 2, c. 54, § 18. 1 Reeves' Hist. 
 428. Co. Litt. 17 a. 2 Bl. Com. 105, 
 106. Sec Dominicum. 
 
 IN DORSO. L. Lat. On the back. 
 2 Bl. Com. 468. 2 Steph. Com. 164. In 
 dorso recordi ; on the back of the re- 
 cord. 5 Co. 45. Hence the English in- 
 dorse, indorsement, &c. 
 
 INDUBIIS. Lat. In doubtful cases; 
 in matters or cases of doubt. In dnbiis 
 magis dignum est accipiendnm. In doubts 
 
 ful cases, the more worthy is to be taken. 
 Branch's Princ. 
 
 In dnbiis, benigniora prieferenda snnt. 
 
 In doubtful cases, the more favorable 
 views are to be prefen-ed : the more liberal 
 interpretation is to be followed. Dig. 50. 
 17. 56. 2 Kent's Com. 557. See Semper 
 in dnbiis, &c. 
 In dnbiis, non prsesnmitnr pro testamento. 
 
 In cases of doubt, the presumption is not 
 in favor of a will. Branch's Princ. But 
 see Cro. Car. 51. 
 
 IN DUBIO. Lat. In doubt; in a 
 state of uncertainty. 
 
 In a doubtful case. In dnbio hsc legis 
 constrnctio qnam verba ostendnnt. In a 
 
 case of doubt, that is the construction of 
 the law which the words indicate. 10 
 Mod. 117. Branch's Princ. 
 
 INDUPLO. Lat. In double. Bamna 
 in duplo ; double damages. Fleta, lib. 4, 
 c. 10, § 1. 
 
 IN DUPLUM. Lat. For the double 
 value. Inst. 4c. 6. 23. Bract, fol. 103. 
 
 IN EADEM CAUSA. Lat. In the same 
 state or condition. Calv. Lex. Spiegelius. 
 
 IN EMULATIONEM VICINL Lat. 
 In envy or hatred of a neighbor. Where 
 an act is done, or action brought, solely to 
 hurt or distress another, it is said to be in 
 emulationem vicini. 1 Kames' Equity, 56. 
 
 In eo qnod pins sit, semper inest et minus. 
 
 In the greater is always included the less 
 also. Big. 60. 17. 110. 
 
 IN ESSE. L.Lat. In being; in exist- 
 ence. Bacon's Arg. Low's Case of 
 Tenures. Distinguished from in posse, or 
 in mere possibility. 2 Bl. Com. 169. See 
 Esse, Posse, In posse. 
 
 IN EXCAMBIO. L. Lat. In ex- 
 change. Formal words in old deeds of 
 exchange. Weafs Symboleogr. part 1, lib. 
 2, sect. 513. 
 
 IN EXITU. L. Lat. In issue. De 
 materia in exitu ; of the matter in issue. 
 12 Mod. 372. 
 
 IN EXPERIENCE. L. Fr. Con- 
 cerned. Q'il a,v' estr' in experience ove 
 cest case ; that he had been concerned in 
 this case. Dyer, .S2, (Fr. ed.) 
 
 IN EXTREMIS. Lat. In extremity; 
 in the last extremity ; in the last illness. 
 3 P. Wms. 93. 20 Johns. R. 502. Kent, 
 C. Id. 514. 2 Bl. Com. 375, 500. Agms 
 in extremis ; being in extremity. Bract. 
 fol. 373 b. Declarations in extremis ; dy- 
 ing declarations. 15 Johns. R. 286. 1 
 Cfreenl. on Evid. § 156. 
 
 IN FACIE CURIAE. L. Lat. In the 
 face of the court. Dyer, 28. 
 
 IN FACIE ECCLESI^. L. Lat. In 
 the face of the church. A term applied, in 
 the law of England, to marriages, which 
 are required to be solemnized in a parish 
 church or public chapel, unless by dispen- 
 sation or license. 1 Bl. Com. 439. 2 
 Steph. Com. 288, 289. Applied, in Brac- 
 ton, to the old mode of conferring dower. 
 Bract, fol. 92. 2 Bl. Com. 133. 
 
 IN FACIENDO. L. Lat. In doing; 
 in feasance. 2 Story's Eq. Jur. § 1308. 
 
 IN FACILL Lat. Easily; easy of 
 determination or explanation. Calv. Lex. 
 
 IN FACTO. Lat. In fact; in deed. 
 In facto dicit ; in fact says. 1 Salh. 22, 
 pi. 1. See Factum. 
 
 Depending on fact. Calv. Lex. 
 
 In facto qnodse habet ad bonum et malum, 
 magis de bono qnam de male lex intendit. 
 
 In an act or deed which admits of being 
 considered as both good and bad, the law 
 intends more from the good than from the 
 bad; the law makes the more favorable 
 construction. Co. Litt. 78 b. 
 
 IN (or EN) FAIT. L. Fr. In fact ; in 
 deed. Lord Coke distinguishes " matters 
 of record!' from " matters in fait." Co. 
 Litt. 380 b. 
 
 In farorabilibns magis attenditnr qnod 
 prodest qnam qnod nocet. In things fa- 
 vored, what profits is more regarded than 
 what prejudices. Bacon's Max. 57, in reg. 12, 
 
IN 
 
 (63) 
 
 IN 
 
 IN FAVOREM LIBERTATIS. L. Lat. 
 In favor of liberty. Fkia, lib. 2, c. 51, 
 § 3. 2 W. Bl. 746. 
 
 IN FAVOREM VIT^. L. Lat In 
 favor of life. BacorCs Max. 36, in reg. 7. 
 4 Bl. Com. 338. In favorcm vitse liberta- 
 tis 6t innocentiie omnia praesamuntur. All 
 
 things are presumed in favor of life, liberty 
 and innocence. Lqfl's R. Appendix, 125. 
 
 INFELONIA. L.Lat. In felony; in 
 a felonious manner ; feloniously. Nequiter 
 et in felonia; wickedly and feloniously. 
 Bract, fol. 121. Fleta, lib. 1, c. 31, § 1. 
 
 IN FEODO. L. Lat. In fee. Bract. 
 fol. 20V, et passim. Fleta, lib. 2, c. 64, 
 § 15. Seisitus in feodo; seised in fee. 
 Fleta, lib. 3, c. 7, § 1. 
 
 In fir,tionc juris semper leqnitas existit. 
 In the fiction of law there is always equity ; 
 a legal fiction is always consistent with 
 equity. 11 Co. 51 a, Liford's case. 
 Broom's Max. 54, [90.] The court will 
 not endure that a mere form or fiction of 
 law, introduced for the sake of justice, 
 should work a wrong, contrary to the real 
 truth and substance of the thing. Lord 
 Mansfield, C. J. 2 Burr. 950, 962. Other- 
 wise expressed. In fictionc juris semper 
 subsistit sqiiitas. 3 Bl. Com. 43. In 
 fictions jnris consistit asquitas. Id. 283. 
 
 IN FIERI. L. Lat. In being made, 
 or done ; in course or process of being made, 
 made up or done ; imperfect ; incomplete ; 
 The proceedings in a cause are said to be 
 in fieri, until judgment is given and the 
 record made up. 3 Bl. Com. 406. 
 Anciently, while the pleading ore tenus 
 was going on, the record was in fieri. 
 Glib. C. Fleas, 115. The term has also 
 been used as descriptive of the proceedings 
 in a chancery suit before issue joined. 
 Gilb. For. Bom. 49. It has also been 
 applied to a contract. " It was a contract 
 in fieri." 3 Fast, 303. 
 
 IN FORMA PAUPERIS. L. Lat. In 
 the form or manner of a poor person; as 
 a poor person ; in the character of a 
 pauper. 2 Burr. Pr. 104. 
 
 IN FORMA PR.EDICTA. L. Lat. 
 In form aforesaid. Perkins, ch. 3, s. 
 242. 
 
 IN FORO. Lat. In a, or the forum, 
 court or tribunal. See infra. 
 
 IN FORO CONSCIENTIyE. L. Lat. In 
 the forum of conscience. Story on Bailm. 
 § 391 a, 391 b. 
 
 IN FORO CONTENTIOSO. Lat. In 
 the form of contention or litigation. 
 
 Hale's Hist. Com. Law, 28, (Runnington's 
 ed. 1820.) 
 
 IN FORO ECCLESIASTICO. L. Lat. 
 In an ecclesiastical forum; in the eccle- 
 siastical court. Fleta, lib. 2, c. 57, § 13. 
 
 IN FORO S^CULARL L. Lat. In 
 a secular forum or court. Fleta, lib. 2, 
 c. 57, § 14. 1 Bl. Com. 20. 
 
 IN FRAUDEM LEGIS. Lat. In 
 fraud of the law. 3 Bl. Com. 94. With 
 the intent or view of evading the law. 1 
 Johns. R. 424, 432. "It may be laid 
 down as a general principle, that whenever 
 an act is done in fraudem legis, it cannot 
 be the basis of a suit in the courts of the 
 country whose laws are attempted to be 
 infringed." Id. 433, Spencer, J. See 15 
 Johns. B.XAQ. Contra legem facit qui id 
 facit quod lex prohibet ; in fraudem vero, 
 qui, saivis verbis legis, sententiam ejus cir- 
 cumvenit; he acts against the law, who 
 does that which the law forbids ; but he 
 acts in fraud of the law, who, saving the 
 words of the law, circumvents its meaning. 
 Dig. 1. 3. 29. 
 
 IN FRAUDEM CREDITORUM. Lat. 
 In fraud of creditors ; with intent to de- 
 fraud creditors. Inst. 1. 6, pr. 3. Dig. 42. 8. 
 
 IN FULL LIFE. Alive in fact and in 
 law. This phrase is a literal translation of 
 the L. Fr. en pleyn vie, (q. v.) and seems to 
 have been constructed with reference to the 
 two kinds of death recognised in law, viz : 
 natural and civil. A party may be physi- 
 cally alive, or in life, {en vie,) and yet civil- 
 ly dead ; hence the use of the phrase to 
 express life in both senses, or in i\i.Q fullest 
 sense of the word. 
 
 IN FUTURO. Lat. In future; at a 
 future time ; the opposite of in prcesenti. 
 2 Bl. Com. 166, 175. 
 
 IN GENERALI PASSAGIO. L. Lat 
 In the general passage [to the Holy Land.] 
 A term of frequent occurrence in the old 
 law of essoins, importing that the party 
 essoined had gone beyond the sea with the 
 great body of crusaders, instead of perform- 
 ing a pilgrimage alone, which was called 
 the simple or single passage or pilgrimage, 
 {simplex passagium ox peregrinatio?) Bract. 
 fol. 338, 339. Britt. cc. 122, 123. 
 
 INGENERE. Lat In kind; of the same 
 kind; generically. In the civil law, things 
 are divided into those which may Ise fur- 
 nished in genere,and those which must be fur- 
 nished in specie, or specifically. 1 Mackeld. 
 Civ. Law, 152, § 148. See In specie. 
 In general. In genere, quicunque alt- 
 
IN 
 
 (54) 
 
 IN 
 
 quid dicit, sive actor sive reus, necesse est ut 
 probet ; in general, whoever affirms any 
 thing, whether plaintiff or defendant, must 
 prove it. Matth. de Prob. c. 8, n. 4. Best 
 on Evid. 294, § 252. 
 
 IN GREMIO LEGIS. L. Lat. In the 
 bosom of the law ; in abeyance. 1 Co. 
 131 a, ChudkigKs case. T. Raym. 319. 
 
 Under the proteqtion of the law. 14 
 Howard's B. 375. 
 
 IN GROSS. [L. Lat. in grosso.] In a 
 large quantity or sum ; without division 
 or particulars; by wholesale. See In 
 
 At large ; not annexed to, or dependent 
 upon another thing. Common in gross is 
 such as is neither appendant nor appurte- 
 nant to land, but is annexed to a man's 
 person. 2 Bl. Com. 34. Applied also to 
 advowsons, and anciently to villeins annex- 
 ed or belonging to the person. See Ad- 
 vowson in gross. 
 
 IN GEOSSO. L. Lat. In gross; by 
 wholesale. iV«c in grosso, nee ad retal- 
 liam ; neither in gross, nor by retail. Reg. 
 Orig. 184. 
 
 IN HAC PARTE. L. Lat. In this 
 behalf. Reg. Orig. 25. 
 
 IN H^C VERBA. Lat. In these 
 words; in the same words. Dig. 34. 4. 
 30, pr. The same with his verbis. Id. ibid. 
 
 IN HUNG MODtJM. L. Lat. After 
 this manner. Fleta, lib. 2, c. 64, § 1. 
 
 IN IISDEM TERMINIS. L. Lat. In 
 the same terms. 9 Sast, 487. 
 
 ININDIVIDUO. L.Lat. In the dis- 
 tinct, identical or individual form ; in specie. 
 Stwy on Bailm. § 97. 
 
 In particular; particular; special. See 
 Criminalis. 
 
 IN INITlALIBUS. Lat. In the pre- 
 liminaries. A term in Scotch practice, 
 applied to the preliminary examination 
 of a witness, as to the following points: 
 whether he knows the parties, or bears ill- 
 will to either of them, or has received any 
 reward or promise of reward for what he 
 may say ; or can lose or gain by the cause ; 
 or has been told by any person what to 
 say. If the witness answer these ques- 
 tions satisfactorily, he is then examined in 
 eausa, in the cause. BelVs Diet. Evidence. 
 2 Alison's Crim. Prac. 438. 1 Brown's R. 
 252. See In causa. 
 
 IN INITIO. Lat. In, or at the be- 
 ginning. In initio litis; at the beginning, 
 or in the first stage of the suit. Bract. 
 fol. 400. 
 
 IN INTEGRUM. Lat To the original 
 or former state. Calv. Lex. See Integer. 
 Dig. 4. 1. Id. 4. 6. 
 
 IN INVITUM. Lat. Against an un- 
 willing party ; against a party without his 
 consent. The law presumes quod judicium 
 redditur in invitum, that a judgment is a 
 proceeding against a party's will. 5 Co. 
 28 b, Harrison's case. 1 Stra. 382. 1 
 Steph. Com. 444. 2 Florida R. 620. Item 
 contra voluntatem domini quandoque trans- 
 fer tur dominivm, s. perjudicem, quia judi- 
 cium ruit in invitum; also, ownership is 
 sometimes transferred against the owner's 
 will, to wit, by a judge, [i. e, by the act of 
 a court,] because a judgment goes, [literally, 
 rushes, implying forcible or compulsory 
 progress,] against an unwilling party. Bract. 
 fol. 41 b. 
 
 IN IPSIS FAUCIBUS. Lat. In the 
 very throat or entrance. In ipsis faucibus 
 of a port ; actually entering a port. 1 Rob. 
 Adm. R. 233, 234. 
 
 IN ITINERE. Lat. On the voyage; 
 on the way. The same as in transitu. Sir 
 William Scott, (The Vrow Margaretha,) 
 1 Rob. Adm. R. 338. 
 
 IN JUDGMENT. In a court of jus- 
 tice; in a seat of judgment. Lord Hale is 
 called " one of the greatest and best men 
 who ever sat in judgment" Lord Kenyon, 
 C. J. 1 Fast, 306. 
 
 IN JUDICIO. Lat Before a judex 
 or judge ; in the course of actual trial. A 
 term used, in the Roman law, to denote the 
 second stage of the proceedings in an ac- 
 tion, as distinguished from those in jure, 
 (q. v.) before the praetor, which constituted 
 the first stage. See Actio. 
 
 By a course of judicial proceeding ; ju- 
 dicially ; by action. Forum quae non in 
 judicio, sed extra prosequimur, sicuifurem, 
 &c. ; of those things which we prosecute 
 not in judgment or by action, but without, 
 as a thief, &c. Bract, fol. 98 b. Sine ju- 
 dicio ; without due course of law. Id. 
 fol. 196. 
 
 In judgment ; in a course of judicial in- 
 vestigation. 
 
 In a jndicial proceeding. See the max- 
 ims, infra. 
 
 In court ; in or before a court. In this 
 sense, the phrase occurs in the civil law, 
 and constantly in Bracton. Prcesens in 
 judicio; present in court Inst. 4. 11. 3. 
 Ubi, et coram quibus personis propcncridcf 
 sunt actiones et probandce ; et scienducB 
 quod in judicio ; where and before what 
 
m 
 
 (56) 
 
 IN 
 
 persons actions are to be propounded and 
 proved ; and it is to be known that it is in 
 a court. Bract, fol. 106. Partibus in ja- 
 dicio comparentibus ; the parties appearing 
 in court. Id. fol. 183 b. Pars in judicio; 
 a party in court. Id. ibid. Si ambofuerint 
 prcesentes in judicio, petens et tenens ; if 
 both the parties be present in court, de- 
 mandant and tenant. Id. foL 257 b. And 
 see Id. fol. 281 b, 288, 353 b. Fleta, lib. 
 4, c. 7, § 2. 
 
 In judicio non ercditnr nisi jnratis. In a 
 court of justice, credit is not given to [the 
 statements of] persons unless they are 
 sworn. No person is allowed to testify in 
 court except under oath. C'ro. Oar. 64. 
 
 1 £1. Com. 402. See Confessio facta in 
 jndicio, &c. ConfessDs in jndicio, &a. 
 
 In jadiciis minori xtati snccnrritnr. In 
 courts or judicial proceedings, infancy is 
 aided or favored. Jenk. Cent. 46, case 89. 
 
 IN JURE. Lat. Inlaw; in the merely 
 formal or introductory part of the proceed- 
 ings; before the prsBtor or magistrate. 
 This was the peculiar sense of the term in 
 the Roman law, being descriptive of the 
 first of the two stages of the proceedings 
 in an action ; the second stage being said 
 to be in judicio, (q. v.) See Actio. .The 
 oflSce of the magistrate was to inquire into 
 matters of law, and whatever business was 
 transacted before him was said to be done 
 injure. Hallifax, Anal. b. 3, ch. 8, num. 7. 
 
 In law ; according to law ; rightfully. 
 Injure, vel extra jus ; by law, or without 
 law. Bract, fol. 169 b. 
 
 Id jnre, non remota causa, sed proxima 
 spectatur. In law, not the remote but the 
 proximate cause is considered. Bacon^s 
 Max. 1, reg. 1. Broom's Max. 104, [165.] 
 See Causa proxima non remota spectatur. 
 
 IN JURE ALTERIUS. Lat. In an- 
 other's right. Hale's Anal. sect. xxvi. 
 
 IN JURE PROPRIO. Lat. In one's 
 own right. Hale's Anal. sect. xxvi. 
 
 IN JUS VOCARE. Lat. To call, cite 
 or summon to court. Inst. 4. 16. 3. Dig. 
 2. 4. Cod. 2. 2. Oaltt. Lex. In jus vo- 
 cando ; summoning to court. Dig. 2. 4. 
 3 Bl. Com. 279. 
 
 IN LATROCINIO. L. Lat. In lar- 
 ceny; as a thief. Fleta, lib. 1, c. 38, § 3. 
 
 IN LECTO MORTALL Lat. On the 
 death-bed. Fleta, lib. 5, c. 28, § 12. 
 
 IN LIMINE. Lat. On, or at the thresh- 
 hold ; preliminarily. 
 
 IN LITEM. Lat. For a, or the suit. 
 See Ad litem. Applied to a plaintiff's 
 
 oath when allowed in a suit. 1 Oreenl. Evid. 
 § 348. 
 
 IN LOCO. Lat. In pla«e; in lieu; 
 instead; in the place or stead. Towns. 
 PI. 38. 
 
 IN LOCO PARENTIS. Lat. In the 
 place of a parent. 1 Bl. Com. 453. 3 
 Steph. Com. 331. 2 Kent's Com. 192. 1 
 Story's Eq. Jwr. § 339. 
 
 IN MAJOREM CAUTELAM. Lat 
 For greater security. 1 Stra. 105, arg. 
 
 In majore snmma continetur minor. In 
 the greater sum is contained the less. 6 
 Co. 115 a, WadSs case. This very sim- 
 ply constructed maxim has been sin- 
 gularly mistranslated in Branch and 
 Wharton. 
 
 In maleficiis voluntas spectatnr, non 
 
 exitns. In offences, the intent is regarded, 
 not the consequence. Dig. 48. 8. 14. The 
 words of a rescript of the emperor Hadrian. 
 
 In maleficio ratihabitio mandato compara- 
 tor. In a case of malfeasance, ratification 
 is equivalent to command. Dig. 50. 17. 
 152 2 
 
 IN MATERIA. L. Lat. In the mat- 
 ter ; in the case. Dger, 34 b. 
 
 In maxima potentia minima licentia. In 
 the greatest power there is the least free- 
 dom. Hob. 159. 
 
 IN MEDIO. L. Lat. Intermediate. 
 A term applied, in Scotch practice, to a 
 fund held between parties litigant. 
 
 IN MEDITATIONE FUG.^. L. Lat 
 In contemplation of flight. 2 Karnes' 
 Equity, 14, 15. 
 
 In mercibns illicitis non sit commercinm. 
 
 There should be no commerce in illicit oi 
 prohibited goods. 3 Kent's Com. 26^ 
 note. 
 
 IN MERCY. [L. Fr. en mercie; L. Lat 
 in misericordia.^ A phrase used at the 
 conclusion of judgment records, derived 
 from the old practice of amercing parties 
 against whom judgment was rendered. 
 Thus, where judgment was rendered for 
 the plaintiff, it was also considered that the 
 defendant be " m mercy, &c.," that is, that 
 he be amerced for his wilful delay of justice, 
 in not immediately obeying the king's writ 
 by rendering the plaintiff his due. 3 Bl. 
 Com. 398. This phrase has been literally 
 retained in modern practice. So, where 
 judgment was for the defendant, it was 
 considered that the plaintiff and his pledges 
 be "in mercy [that is, amerced] for his false 
 claim." Id. 399, 376. Fleta, lib. 2, c. 54, 
 § 24. See In misericordia. 
 
IN 
 
 (66) 
 
 IN 
 
 IN MERO JURE. L. Lat. On the 
 mere right. Yearh. M. 1 Edw. II. 2. 
 
 IN MI'A. L. Lat. An old abbreviation 
 of in miserieordia, used at the conclusion 
 of judgment records, and also written in 
 the margin. ITob. 127. Towns. PI. 494, 
 497, 502. 
 
 IN MISERICORDIA. L. Lat. In 
 mercy ; subject or liable to amercement. 
 In miserieordia pro faho clamore suo ; in 
 mercy for his false claim. 3 Bl. Com. 376, 
 398,899. J^'Zeta, lib. 2,c. 61,§16. See 
 In mercy, Miserieordia. 
 
 IN MITIORI SENSU. L. Lat. In 
 the milder or more favorable sense. Hob. 
 77 b. 
 
 IN MODUM ASSISE. L.Lat. In the 
 manner or form of an assise. Bract, fol. 
 183 b. In modum juratce ; in manner of 
 a jury. /rf. fol. 181 b. 
 
 IN MORA. Lat. [Fr. en demeure.'] In 
 default; literally, in delay. In the civil 
 law, a borrower who omits or refuses to 
 return the thing loaned at the proper time 
 is said to be in mora. Story on Bailm. 
 §§ 254, 259. 
 
 In Scotch law, a creditor who has begun 
 without completing diligence necessary for 
 attaching the property of his debtor, is 
 said to be in mora. Bell's Diet. 
 
 IN MORTUA MANIJ. L. Lat. In a 
 dead hand ; in the hands of a person dead 
 in law, as ecclesiastical' bodies anciently 
 were; in mortmain. 1 Bl. Com. 479. Co. 
 Litt. 2 b. See Mortmain. 
 
 IN NOMINE DEI, AMEN. Lat. In 
 the name of God, Amen. A solemn form 
 of introduction, anciently used in wills and 
 many other instruments, public and private. 
 The Prooemia to the Institutes and Digests 
 of Justinian commence. In nomine Domini 
 nostri Jesu Christi ; in the name of our 
 Lord Jesus Christ. The confirmation of 
 the Code and several of the Novels are in- 
 troduced with the same form. Some old 
 wills began. In nomine Patris, et Filii, et 
 Spiritus Saneti, Amen. Blount, voc. Will. 
 Mercantile instruments, such as protests, 
 policies, procurations, &c. frequently be- 
 gan. In Dei nomine. Amen. See Wests 
 Symboleogr. part 1, lib. 2, sect. 662, 666, 
 668, 669, 670, 672. 
 
 IN NUBIBUS. L.Lat. In the clouds; 
 in a state of suspension or abeyance ; not 
 in any person living; no where; in con- 
 sideration and intendment of law ; in the 
 custody or preservation of the law. Litt. 
 sect 646, 650. Hob. 335. Periam, C. B. | 
 
 1 Co. 1 34 a, ChudleigKs case. In the same 
 case, Clarke, B. speaking of future uses, 
 observed, " some have supposed they were 
 preserved in nubibus, and in the custody 
 of the law, but," he said, " in our case, be 
 they below in the land, there they should be 
 perpetually buried, and should never rise 
 again ; and be they above in nubibus, in 
 the clouds, there they should always re- 
 main, and should never descend." 1 Co. 
 137 b. 
 
 IN NULLIUS BONIS. Lat. Among 
 the goods or property of no person ; be- 
 longing to no person, as treasure-trove and 
 wreck were anciently considered. Bract. 
 fol. 120. Thesaurus in nullius bonis e«2. 
 Id. ibid. In the civil law, things sacred 
 and religious were considered as not the 
 subjects of private property. Nullius sunt 
 res sacrcE, et religiosce, et sanctce. Inst. 2. 
 1. 7. Dig. 1. 8, pr. Animals /erce natures, 
 while they remain wild, arc accounted nul- 
 lius in bonis, the common property of man- 
 kind. 2 Steph. Com. 1 7. See Res nullius. 
 
 IN NULLO EST ERRATUM. L. Lat. 
 In nothing is there error. The name of 
 the common plea or joinder in error, deny- 
 ing the existence of error in the record or 
 proceedings ; which is in the nature of a 
 demurrer, and at once refers the matter 
 of law arising thereon, to the judgment of 
 the court. 2 Tidd's Pr. 1173. Shaw, C. 
 J. 7 Metcalfs R. 285, 287. 
 
 In obscnris inspici solere qnod Terisimiliog 
 est, ant quod plernmque fieri solct. In ob- 
 scure cases, we usually look at what is 
 most probable, or what most commonly 
 happens. Dig. 50. 17. 114. 
 
 In obscnris qnod minimnm est seqnimnr. 
 
 In obscure or doubtful cases, we follow 
 that which is the least. Dig. 50. 17. 9. 
 
 2 Kenfs Com. 557. The precise meaning 
 of this maxim is not very clearly explained 
 in the civil law. Dig. ub. sup. gloss, marg. 
 
 IN OCTAVIS (or OCTABIS.) L. Lat. 
 On the octave. One of the ancient return 
 days in the English courts. 3 Bl. Com. 
 211, 278. Beg. Orig. 11 b, et passim. 
 Towns. PI. 141, 142. Jn octabis Saneti 
 Hilarii ; on the octave of St. Hilary. Id. 
 ibid. See Octave. 
 
 IN ODIUM SPOLIATORIS. Lat. In 
 hatred [as a mark of hatred] of a despoiler, 
 robber, destroyer or wrong-doer. Story, 
 J. 1 Gallison's R. 174. 2 Story's B. 99. 
 1 Greenl. Evid. § 348. 
 
 In odinm spoliatoris omnia prtEsnmnn- 
 tur. All things are presumed against a 
 
IN 
 
 {51) 
 
 IN 
 
 despoiler ; every presumption is made 
 against a wrong-doer. 1 Vem. 452. 
 Branch's Princ. 
 
 In omni re nascitur res qua; ipsam rem ex- 
 termiaat. In every thing there arises a 
 thing which destroys the thing itself. Every 
 thing contains the clement of its own de- 
 struction. 2 Inst. 15. 
 
 IN OMNIBUS. Lat. In all things ; on 
 all points. " A case parallel in omnibus.'" 
 10 Mod. 104. "Wyndham, J. agreed in 
 omnibus." 2 Id. 13. 
 
 In omnibus contractibus, sire nominatis 
 give innomioatis, permutatio continetur. 
 In all contracts, whether nominate or inno- 
 minate, an exchange [of value, i. e. a con- 
 sideration] is implied. Gravin. lib. 2, § 12. 
 2 Bl. Com. 444, note. 
 
 In omnibus obligationibns in qnibns dies 
 non ponitnr, preesenti die debetur. In all 
 obligations in which a date is not put, the 
 debt is due on the present day ; the liability 
 accrues immediately. Dig. 50, 17. 14. 
 
 In omnibus [fere] poenalibns jndiciis, et 
 ffitati et imprudentiae sucturritnr. In nearly 
 all penal judgments, immaturity of age and 
 imbecility of mind are favored. Dig. 50. 
 17. 108. 
 
 In omnibus quidem, maxime tamcn in 
 jure, a;quitas spectanda sit. In all things, 
 but especially in law, equity is to be 
 regarded. Dig. 50. 17. 90. Story on 
 Bailm. % 257. 
 
 IN ORE. Lat. In the mouth. See 
 Jacet in ore. 
 
 IN PACE DEI ET REGIS. L. Lat. 
 In the peace of God and the king. Fleta, 
 lib. 1, c. 31, § 6. Formal words in old 
 appeals of murder. 
 
 IN PAIS, En pais. En pays. L. Fr. 
 In the country, as distinguished from " in 
 court;" out of court, or without judicial 
 process ; by deed, or not of record. Mat- 
 ter in pals is distinguished from matter of 
 record. 2 Bl. Com. 294. Conveyances 
 were anciently either by matter in pais, or 
 deed, which was an assurance transacted 
 between two or more private persons in 
 pais, in the country, that is, (according to 
 the old common law,) upon the veiy spot 
 to be transferred ; or by matter of record, 
 or an assurance transacted only in the 
 king's public courts of record. Id. ibid. 1 
 Steph. Com. 466. Hale's Anal. sect. 
 XXXV. Story on Agency, § 25, note. So, 
 a disclaimer in pais is distinguished 
 from a disclaimer in a court of record. 
 Litt sect. 695. Co. Litt. 364 a. Per 
 
 fait fait en pays ; by deed made in the 
 country. Litt. sect. 618. 'Notice in pais 
 is notice given without the instrumentality 
 of a court. Story on Bailm. § 348. 
 
 Without writing, as distinguished from 
 by deed. Thus, estoppels arc said to be 
 either by matter of record ; by matter in 
 writing, as by deed indented, &c. ; and by 
 matter in pais, or in the country, without 
 any writing, as by livery, by entry, by ac- 
 ceptance of rent, &c. Co. Litt. 352 a. 
 
 IN PAPER. A term formerly applied 
 to the proceedings in a cause before the 
 record was made up. 3 Bl. Com. 406. 
 2 Burr. 1098. Probably from the circum- 
 stance of the record being always on parch- 
 ment. The opposite of " on record," or 
 "of record." Denison, J. 1 Burr. 322. 
 10 Mod. 88. 
 
 IN PARI CAUSA. Lat. In a.n equal 
 cause or matter ; in a case affecting two 
 equally. In pari causa, possessor potior 
 haberi [esse] debet. Where two persons 
 have equal rights in reference to the same 
 thing, the party in possession ought to be 
 regarded as the better ; that is, his right 
 should have the preference. Dig. 50. 17. 
 128, pr. [170.] Broom's Max. [562.] 1 
 Wooddes. Led. Introd. Ixxi. note. Where 
 a thing is pledged severally to two credi- 
 tors, without any communication with each 
 other, and one of them has obtained the 
 possession, he is entitled to a preference. 
 Story on Bailm. § 312. 
 
 IN PARI DELICTO. Lat. In equal 
 fault ; equally culpable or criminal ; in a 
 case of equal fault or guilt. 1 Story's Eq. 
 Jur. § 300. 1 Campb. 398. See In delicto. 
 
 In pari delicto, potior est conditio possi- 
 dentis [defendentis.J In a case of equal or 
 mutual fault [between two parties,] the 
 condition of the party in possession [or 
 defending,] is the better one. LordMans- 
 field, 2 Burr. 926. Where each party is 
 equally in fault, the law favors him who is 
 actually in possession. Broom's Max. 325, 
 [567, 572.] Where the fault is mutual, the 
 law will leave the case as it finds it. Story 
 on Agency, § 195. Thus, where money is 
 paid by one of two parties to an illegal 
 contract to the other, in a case where both 
 may be considered as participes criminis, 
 an action cannot be maintained after the 
 contract is executed, to recover the money. 
 1 Selw. N. P. 90. So, the premium paid 
 on an illegal insurance cannot be recovered 
 back, though the underwriter cannot be 
 compelled to make good the loss, 1 East, 
 
IN 
 
 (68) 
 
 IN 
 
 96. Dougl. 451. 2 Steph. Com. 183. 
 See 1 Stwy's Eq. Jur. §§ 61, 298. And 
 see 25 Penn. St. B. 441. This maxim is 
 merely another form of the civil law maxim, 
 
 Cnm par delictnm est dnornm, semper onera- 
 tur petitor, et melior habetur possessoris causa, 
 
 (q.v.) 
 
 IN PARI JURE. L. Lat. In equal 
 right. " Persons standing in pari jure or 
 in eodemjure." Lord Ellenborough, 4 M. 
 & S. 491. 
 
 IN PARI MATERIA. L. Lat. Upon 
 the same subject. A phrase frequently 
 applied to statutes. Lord Ellenborough, 
 9 East, 468. 1 Steph. Com. 74. 1 Kent's 
 Com. 463. 3 Hoxoard's R. 556, 563. 
 
 IN PATRIMONIO. Lat. As a sub- 
 ject of property. Fleta,, lib. 3, c. 1, § 2. 
 
 IN PECTORE JUDICIS. Lat. In the 
 breast of the judge. Latch, 180. A 
 phrase applied to a judgment. 
 
 IN PEJOREM PARTEM. L. Lat. In 
 the worst part ; on the worst side. Latch, 
 159, 160. 
 
 IN PENDENT!. Lat. In suspension, 
 or abeyance. Bract, fol. 12, 19 b. Writ- 
 ten in Fleta, as one word, inpendenti and 
 impendenti. Fleta, lib. 3, c. 9, § 7. 
 
 IN PERPETUAM REI MEMORIAM. 
 Lat. In perpetual memory of a matter. 
 Gilh. For. Rom. 118. 
 
 IN PERPETUUM. Lat. Forever. 
 Perkins, ch. 8, s. 557. Sometimes written 
 in one word, imperpetuum, (q. v.) 
 
 IN PERPETUUM REI TESTIMO- 
 NIUM. L. Lat. In perpetual testimony 
 of a matter; for the purpose of declaring 
 and settling a thing forever. 1 £1. Com. 86. 
 
 IN PERSONAM. Lat. Against the 
 person; against a person. Inst. 4. 6. 1. 
 Flela, lib. 2, c. 60, § 21. 1 Kenfs Com. 
 379. See Actio in personam. 
 
 IN PIOS USUS. L. Lat. For pious 
 uses ; for religious purposes. 2 £1. Com. 
 505. 
 
 IN PLENA VITA. L.Lat. InfullUfe. 
 Yearb. P. 18 Hen. VI. 2. 
 
 IN PLENO COMITATU. L.Lat. In 
 full county court. 2 Bl. Com. 36. 
 
 In ptenalibus cansis, benignius interpre- 
 tandnm est. In penal causes or cases, 
 the more favorable interpretation should be 
 adopted. Biff. 50. 17. 155. 2. Plowd. 
 86 b, 124. 2 Hale's P. C. 365. 
 
 IN POSSE. L. Lat. In possibility; 
 not in actual existence. See In esse. 
 
 IN POSTERUM. L. Lat. Hereafter. 
 Called a forcible word to create a special 
 
 inheritance. 3 Leon. 87. Lord Ellen- 
 borough, I M. <& S. 136. 
 
 IN POTESTATE PARENTIS. Lat. 
 In the power of a parent. Inst. 1. 8, pr. 
 Id. 1. 9. 2 Bl. Com. 498. 
 
 IN PR^EJUDICIUM. L.Lat. To the 
 prejudice ; in prejudice. Mem. in Scacc. 
 M. 22 Edw. L 
 
 IN PRJEMISSIS. L. Lat. In the 
 premises. Reg. Grig. \Th. Fleta,\ib.Z, 
 c. 10, § 1. See Prcemissa. 
 
 IN PR^MISSORUM FIDEM. L.Lat. 
 In confirmation or attestation of the pre- 
 mises. A notarial phrase. 
 
 IN PRJEPARATORIIS. Lat. In, or 
 among preliminary proceedings. Bract. 
 fol. 400. In praeparatoriis ad judicium 
 favetur . actori ; in the proceedings pre- 
 liminary to judgment the plaintiff is favored. 
 2 Inst. 57. 
 
 IN PR^SENTL L. Lat. At the 
 present time. 2 Bl. Com. 166. 
 
 In prssentia majoris potestatis, minoi 
 
 potestas cessat. In the presence of the 
 superior power, the inferior power ceases, 
 Jenk. Cent. 214, c. 53. The less authority 
 is merged in the greater. 
 
 INPRENDEK. L. Fr. Intaiing. A 
 term applied to such incorporeal heredita- 
 ments as a party entitled to them was to 
 take for himself; such as common. 2 
 Steph. Com. 23. 3 Bl. Com. 15. 
 
 INPRIMIS. L.Lat. In the first place. 
 Mag. Cart. Johan. c. 1. 
 
 IN PRINCIPIO. Lat. At the begin- 
 ning. Bract, fol. 347 b. 
 
 IN PROPRIA PERSONA. Lat. In 
 proper person ; in one's own person. Sive 
 in propria persona litigaverit, sive per attur- 
 natum ; whether he litigate in proper per- 
 son, or by attorney. Bract, fol. 370. Sec 
 Fleta, lib. 2, c. 62, § 3. 
 
 IN QUINDENA. L. Lat. In fifteen 
 days. One of the return days in the old 
 practice of the English courts. Towns. PI. 
 141. 2 Reeves' Hist. Eng. Law, 57—61. 
 
 IN QUINQUE SEPTIMANAS. L. 
 Lat. In five weeks. One of the old re- 
 turns. Towns. PI. 142. 
 
 In qno quis delinquit, in eo de jnre est 
 puniendns. In whatever thing one of- 
 fends, in that is he rightfully to be pun- 
 ished. Co. Litt. 233 b. Wingate's Max. 
 204, max. 58. The punishment shall have 
 relation to the nature of the offence. 
 
 INQUOVIS. Lat. In whatever. As- 
 surance in quovis, i. e. in whatever ship 
 laden. Emerig. Tr. des Ass. ch. 6, sect. 6. 
 
IN 
 
 (59) 
 
 IN 
 
 IN RE. Lat. In a thing, or matter ; 
 in the matter. In re A. B. ; in the matter 
 of A. B. Papers in judicial proceedings 
 otherthan actions are sometimes so entitled. 
 
 In re dabia, benigniorem interpretationem 
 Kcqni, non minus jnstius est quain tntins. In 
 a doubtful matter, to foUow the more libe- 
 ral interpretation is not less the juster than 
 the safer course. Big. 50. 17. 192. 1 
 This maxim is taken from Marcellus' 29th 
 book of Digests, extracted in Big. 28. 4. 3, 
 where the whole context may be seen. 
 
 In re dubia, inagis infieiatio qnam affir- 
 natio iotcUigenda. In a doubtful matter, 
 the denial or negative is to be understood, 
 [or regarded,] rather than the aflBrmative. 
 Godh. 37. 
 
 In re pari, potiorem cansam esse prohi- 
 bentis constat. In a thing equally shared 
 [by several] it is clear that the party re- 
 fusing [to permit the use of it] has the bet- 
 ter cause. Big. 10. 3. 28. A maxim ap- 
 plied to partnerships, where one partner has 
 a right to withhold his assent to the acts 
 of his co-partner. 3 Rents Com. 45. 
 
 IN REBUS. Lat. In matters, things, 
 or cases. In rebus manifestis, errat qni an- 
 tboritates legnm allegat; quia perspicue 
 vera non sunt probanda. In clear cases, 
 he mistakes who cites legal authorities, for 
 obvious truths are not to be proved. 5 
 Co. 67 a, Jeffrey's case. Applied to cases 
 too plain to require the support of authori- 
 ty; "because," says the report, "he 
 who endeavors to prove them obscures 
 them." 
 
 IN REM. Lat. Against a thing ; for 
 the recovery of a thing. Insi. 4. 6. 1. 
 Fleta, lib. 2, c. 60, § 21. Story, J. 2 
 Gallison's R. 191, 197. Story on Bailm. 
 § 607. Wayne, J. 7 Howard's R. 729, 735. 
 1 Cushing's R. 29. Proceedings in rem 
 are peculiar to courts of admiralty. " The 
 foreign and other attachments of property, 
 in the state courts, though, by analogy, 
 loosely termed proceedings in rem, are evi- 
 dently not within the category." Grier, J. 
 19 Howard's R. 89. And see 1 Kenis Com. 
 379, 380, notes. 
 
 IN RENDER. L. Fr. In yielding or 
 paying. Rent is said by the ancienl law- 
 yers to lie in render, in contradistinction 
 to other corporeal hereditaments which lie 
 in prender. 2 Steph. Com. 23. See In 
 prender. 
 
 In re^nblica maxime conserranda snnt 
 
 jnra belli. In a state, the laws of war are 
 to be especially upheld. 2 Insi. 58. Used 
 
 by Lord Coke, in commenting on Magna 
 Charta, c. 30. 
 
 IN RERUM NATURA. L. Lat. In 
 the nature of things ; in existence ; not a 
 fictitious person. In pleading, to say that 
 there is no such person in rerum natiira, 
 is the same as to say that the party named 
 is a fictitious person. 3 Bl. Com. 301. 
 The phrase is applied, in the civil law, to 
 things. Inst. 2. 20. 7. 
 
 IN RESPECTU. L. Lat. In respite. 
 Ptmitur assisa in respectu ; the assise is 
 put in respite, i. e. is respited. Bract. foL 
 256. Fleta, lib. 5, c. 3, § 4. Yelv. 97. 
 
 In restitntionem, non in pirnam, hsres 
 SUCCedit. The heir succeeds to the restitu- 
 tion, not to the penalty ; an heir may be 
 compelled to make restitution of a sum un- 
 lawfully appropriated by the ancestor, but 
 is not answerable criminally, as for a pen- 
 alty. 2 Inst. 198. 
 
 IN RETALLIA. L. Lat. In retail ; by 
 retail. Reg. Orig. 184. 
 
 IN ROBERIA. L. Lat. In or by 
 robbery. Bract, fol. 146 b. Formal 
 words in the ancient appeal of robbery. 
 Id. ibid. 
 
 IN SCRINIO JUDICIS. L. Lat. In 
 the writing-case of the judge ; among the 
 judge's papers. "That is a thing that 
 rests in scrinio judicis, and does not appear 
 in the body of the decree." Hardr. 51. 
 
 IN SEPARALL L. Lat. In several; 
 in severalty. Fleta, lib. 2, c. 54, § 20. 
 
 IN SEYSINA. L. Lat. In seisin ; in 
 actual possession of lands. Bract, fol. 252, 
 et seg. Expressed in law French, by the 
 simple word eins, of which the English 
 "in" is a mere translation. Tenere se in 
 seysina ; to hold himself in seisin ; to 
 maintain his possession. Bract, fol. 252 b. 
 Se ponere in seysinam ; to put himself into 
 seisin. Id. fol. 252. 
 
 IN SIMPLICI PEREGRINATIONK 
 L. Lat. In simple pilgrimage. Bract.io\. 
 338. A phrase in the old law of essoins. 
 See In qenerali passagio. 
 
 IN SIMPLUM. Lat. For the simple 
 or single value. Inst. 4. 6. 22. Bract. foL 
 103. 
 
 IN SOLIDO. Lat. [Fr. solidairement.'] 
 For the whole, (pro toto, q. v. ;) to, or for 
 the full amount; jointly and severally. A 
 common term in the law of partnership and 
 the civil law of contracts. 3 Rent's Com. 
 32, 34, 156, 164. A contract in solid,o is 
 one by which each party is bound severally 
 as well as jointly, and by which each is 
 
IN 
 
 (60) 
 
 IN 
 
 liable for the whole. Civil Code of Louis. 
 Art. 20V 7. Marshall, C. J. 7 Peters' B. 
 413, 429. An obligation in solido is a 
 joint and several obligation. Burge on 
 Suretyship, 391. SchmidCs Civ. Law, 117. 
 Poth. oil. part t, ch. 3, art. 8, sec. 1. 
 The terms " creditor in solido," " debtor 
 in solido" are common in the civil law. 
 Burge, uh. sup. In the Roman civil law, in 
 solidum (q. v.) is the more common ex- 
 pression. And see Pro s'olido. 
 
 IN SOLIDUM. Lat. For the whole. 
 Si plures siiit fidejussores, quotquot erunt 
 numero, singuli in solidum teiuntur ; if 
 there be several sureties, however numer- 
 ous they may be, they are individually 
 bound for the whole debt. Inst. 3. 21. 4. 
 In parte, sive in solidum ; for a part, or for 
 the whole. Id. 4. 1 . 1 6. See Id. 4. 6. 20. 
 Id. 4. 7. 2. " In joint contracts, all are 
 bound to answer in solidum." Lord Mans- 
 field, 1 W. Bl. 388. 
 
 As a whole ; exclusively ; to the exclu- 
 sion of others. Plurcs eandem rem in so- 
 lidum possiders nan possant. Several per- 
 sons cannot possess the same thing exclu- 
 sively, [or so that both have the whole 
 property in it at the same time.] Dig. 41. 
 2. 3. 5. 
 
 Duorum in solidnm domininm rel posses- 
 Kio esse nan potest. There cannot be an 
 ownership or possession by two persons of 
 the whole of one thing at the same time. 
 Dig. 13. 6. 5. 15. 1 MacJceld. Civ. Law, 
 245, § 236. In Bracton, this phrase of the 
 civil law is used as one word, insolidum. 
 Bract, fol. 28 b. Non dominus insolidum, 
 sed tamen dominus in communi ; not owner 
 of the whole exclusively, but yet owner in 
 common. Id. fal. 167. And in another 
 passage, it occurs very expressively as an 
 adverb, insolide, (q. v.) Id. fol. 45. 
 
 IN SOLO. Lat. In the soil or ground. 
 In solo alieno ; in another's ground. In 
 solo propria; in one's own ground. 2 
 Stepk. Com. 20. 
 
 IN SPECIE. Lat. In shape or form ; 
 in the same form ; in precise form ; specifi- 
 cally; identically. Performance m specie ; 
 specific performance. 1 Bep.in Ch. 160. 
 
 In stipulationibns id tempus spectatur qno 
 COntiallinins, In stipulations, the time 
 when we contract is regarded. Dig. 50. 
 17. 144. 1. 
 
 In stipnlationibns, qnnm quairitnr qnid at 
 tnm sit, verba contra stipnlatorem intsrpre- 
 
 tanda sont. In stipulations or contracts, 
 \rh6a there arises a question as to what 
 
 was actually done, the words are to be in- 
 terpreted against the stipulator. Dig. 45. 
 1. 38. 18. And see Id. 45. 1. 99, pr. 
 Broom's Max. [461.] 
 
 In the case of Hogg's Appeal, (22 Penn. 
 St. R. 479, 485,) it was said by Lowrie, J. 
 that " when this rule was transferred from 
 the Roman law to ours, the reason of it 
 was left behind, and this has seriously af- 
 fected its value. That reason interpreted 
 obscurities and ambiguities against the 
 party who defined or wrote down the terms, 
 because the fault was his." In the Roman 
 law, the parties to contracts were called 
 stipulator and promissor ; the stipulator 
 proposed the terms of the contract, the 
 promissor simply accepted them ; although 
 he was in fact the party who contracted 
 the obligation. The rule was to interpret 
 in favor of the promissor, and against the 
 stipulator, because the latter was free to 
 choose such terms as he pleased. Secun- 
 dum promissorem interpretamur, quia stipu- 
 latori liberum fuit verba late concipere. 
 Dig. 45. 1. 99, pr. 
 
 IN STIRPES. Lat. To, by, or ac- 
 cording to the roots or stocks ; as represen- 
 tatives of stocks; with reference to the 
 stocks from which parties are descended, 
 and not to themselves as individuals, (or 
 capita.) A term derived from the ancient 
 Roman law of succession, and still fre- 
 quently applied to cases where, in the dis- 
 tribution of estates, persons take the share 
 which their parent, (the stirps, stock or 
 root whom they represent,) would have 
 done, had he been living. 2 Bl. Com. 217. 
 
 Toffavrov Ik rfjs K\rjpov6[ttas Tov reXcwriiffavras XajiPi- 
 vovTES jJiEpos, oaoi hiiiTOTe av atytv onov o dvrtav yoveHs Cl 
 TTeptfjv, iKo^CtTQ' jiv Tiva SlaSo^riv in stirpes Ij fipX' 
 
 aKfrijj caaXeaev; taking such a sharc of the 
 inheritance of the deceased, (how numerous 
 soever they may be,) as their parent, if liv- 
 ing, would have had ; which antiquity [i. e. 
 the old law] called succession in stirpes, 
 Nov. 118, c. 1. See Stirpes. 
 
 IN STRICTO JURE. Lat. In strict 
 law ; in strict right. See Stricti juris. 
 
 IN SUBSIDIUM. L. Lat. In aid. 
 
 IN SUBSTANTIALIBUS. L.Lat. In 
 a material point. Lord Lyndhurst, 6 BelPs 
 Appeal Cases, 171. Of a substantial na- 
 ture. 7 Wils. t& Shaw B. 103. 
 
 IN SUxMMA. L. Lat. On the whole ; 
 to sum all up. Fleta, lib. 2, c. 60, § 19. 
 
 In sno qnisqne negotio hebetior est qnam 
 
 in alieno. Every one is more dull in his 
 own business than in another's. Lord 
 
IN 
 
 (61) 
 
 INA 
 
 Coke cites this saying as illustrating the 
 reason of his observation " that it is not 
 safe for any man (be he never so learned) 
 to be of counsel with himself in his own 
 case, but to take advice of other great and 
 learned men." Co. Litt. 377 b. 
 
 IN SUPERFICIE. Lat. In the sur- 
 face. " His interest is in superficie, not in 
 profundo" Bacon's Arc/, case of Impeach- 
 ment of Waste, Works, iv. 217. 
 
 IN SUSPENSO. L. Lat. In suspense. 
 Bract, fol. 12, 357 b. Fleta, lib. 6, c. 10, 
 8 6 
 
 IN TAM AMPLO MODO. L. Lat. In 
 as ample a manner. 7 Hast, 325. 
 
 IN TANTUM. L. Lat. In so much ; 
 so much ; so far ; so greatly. Beff. Orig. 
 97, 106. 
 
 IN TERMINIS. L. Lat. In terms. 
 Burr. Sett. Cas. 286. 
 
 IN TERMINIS TERMINANTIBUS. 
 L. Lat. In terms of determination ; ex- 
 actly in point. 11 Co. 40 b, Metcalfe's 
 case. In express or determinate terras. 1 
 Leon, 93. 
 
 IN TERROREM. Lat. In or for ter- 
 ror ; by way of threat or menace ; for the 
 purpose of terrifying or deterring. • 2 Inst. 
 529. " Restraint of marriage was only in 
 Urrorem." 1 P. Wms. 284. See Id. 
 653. 
 
 IN THE NAME OF GOD, AMEN. 
 A solemn formula with which wills and 
 testaments once almost invariably com- 
 menced, though now in many cases disused. 
 Bills of exchange also formerly commenced 
 in the same way. Story on Bills, § 26. 
 note, citing Scaccia de Camh. § 1, Quest. 5. 
 And some policies of insurance continue 
 to retain the same form of invocation. 2 
 Duer on Ins. 71, 797. See In nomine Dei, 
 Amen. The compact on board the May- 
 flow^, Noy. 11, 1620, begins In the name 
 of God, Amen. 
 
 IN TOTIDEM VERBIS. Lat. In so 
 many, or just so many words. Hale's Hist. 
 Com. Law, 101. 
 
 IN TOTO. Lat. In the whole; alto- 
 gether. In toto vel in parte ; in whole or 
 in part. Fleta, lib. 4, c. 18, § 1. 
 
 In toto et pars continctnr. In the whole, 
 
 the part also is contained. Dig. SO. 17. 
 113. 
 
 In traditionibm scriptorum, non quod die- 
 tnm est, scd quod gestnm est, inspicitnr. 
 
 In the delivery of writings, not what is said, 
 but what is done is looked to. The actual 
 delivery of a writing sealed to the party, 
 
 9 
 
 without any words, is a good delivery. 
 Co. 137 a, Thoroughgood\s case. 
 
 This maxim has been strangely translated 
 in Branch's Principia and Wharton's Lexi- 
 con, " In the traditions of writers," &c. ; 
 the mistake appearing to have arisen from 
 taking scriptorum to be the genitive of 
 scripiores, instead of scripla. 
 
 IN TRANSITU. L. Lat. In transit; 
 on the way or passage ; while passing from 
 one person or place to another. 1 Kent's 
 Com. 35. 2 Id. 540—552. See Stoppage 
 in transitu. 
 
 On the voyage. 1 Bob. Adm. B. 338. 
 5 Id. 131. 
 
 IN TRAJECTU. Lat. In the passage 
 over ; on the voyage over. See Sir Wil- 
 liam Scott, (The Bailee,) 3 Boh. Adm. S. 
 141. 
 
 IN TUTO. L. Lat. In safety. See 
 Interest reipnblica; nt carceres sint in tuto. 
 
 IN UNUM ANNUM ET UNUM 
 DIEM. L. Lat. For one year and one 
 day ; for a year and a day. Beg. Orig. 8 b. 
 
 IN VADIO. L. Lat. In gage or 
 pledge. 2 Bl. Com. 157. 
 
 IN (or EN) VENTRE SA MERE. 
 L. Fr. In its mother's womb. Is qui 
 in ventre portabatur. Cod. 6. 29. 3. 
 Quae adhuc in ventre vehitur materno. 
 Id. 7. 4. 14. An infant in ventre sa mere 
 is supposed in law to be born, for many 
 purposes. 1 Bl. Com. 130. 
 
 IN VINCULIS. Lat. In chains ; in 
 actual custody. 6^76. For. Bom. 97. 
 
 Applied also, figuratively, to the condi- 
 tion of a person who is compelled to sub- 
 mit to terms which oppression and his 
 necessities impose on him. 1 Story's Eq. 
 Jur. § 302. 
 
 IN VITA. L.Lat. In Ufe; alive. See 
 En vie. 
 
 For life. Bract, fol. 13 b. 
 
 "INABILITY" of a ship to execute or 
 proceed on a service, may fairly be taken 
 to mean not only an inability in respect of 
 the tackle and hull of the ship, but also 
 for want of a sufficient crew to navigate 
 her. Lawrence, J. 3 East, 249. 
 
 INACTITARE. L. Lat. In old Eng- 
 lish law. To enact. Inactitatus, inactita- 
 tum ; enacted. Beg. Brev. Appendix, 36 
 3 Salk. 331. Freem. 75. 
 
 INADEQUACY OF PRICE. Want 
 of a sufficient consideration for a thing 
 sold. Sometimes a sufficient ground for 
 the avoidance of a contract of sale. See 
 2 Kent's Com. 477, note. 
 
INC 
 
 (62) 
 
 INC 
 
 IN^DIFICATIO. Lat. In the civil 
 law. Building on; the building on an- 
 other's land, with one's own materials; 
 building on one's own land with another's 
 materials. Heinecc. Elem. Jwr. Civ. lib. 2, 
 tit 1, §§ 362, 363. 1 Mac&eld. Civ. Law, 
 283, § 268. 
 
 INANTEA. L. Lat. From this day 
 forth. Spelman. 
 
 INBENEFICIARE. L. Lat. In old 
 European law. To give land as a benefice, 
 or in fee. Spelman. See Beneficium. 
 
 INBLADARE. L. Lat. [from m, and 
 bladum, grain.] In old English law. To 
 plant or sow. Spelean. Quo hlado in- 
 bladata fuerint ; with what grain they 
 were sown. Fleta, lib. 2, c. 41, § 1. 
 
 Jnbladatio. Sowing. Id. ibid. 
 
 INBLAURA. L. Lat. In old records. 
 Profit or product of ground. Cowell. 
 
 INBORH, Inhorow. Sax. [from in, and 
 horh, a pledge.] In old English law. A 
 pledge for persons going in. Inhorh <Sc 
 outborh ; a pledge for persons going in and 
 out. This is the interpretation of Blount, 
 but Cowell, following Camden, gives a 
 different one. 
 
 INBREVIARE. L. Lat. [from in, in, 
 and brevis, short.] In old English practice. 
 To take a short account in writing ; to in- 
 ventory. Attachiare et inbreviare catalla 
 defuncti inventa in laico feodo ; to attach 
 and inventory the chattels of the deceased 
 found in a lay fee. Maff. Cart. 9 Jlen. 
 in. c. 18. Id. Johan. c. 26. Other 
 MSS. read imbreviare, (q. v.) 
 
 INCAPACITY. Want of capacity; 
 want of power or ability to take or dis- 
 pose ; want of legal ability to act. See 
 Capacity. 
 
 INCAUSTUM, Encaustum. Lat. Ink. 
 A fluid anciently used for writing, of which, 
 as appears from the following passage of 
 Bracton, there were two kinds : the black, 
 (incauatum niffrum,) and the red, (incaus- 
 tum rubrum,) the former being also 
 termed atramentum, (from ater, black,) 
 which is the Latin word generally used for 
 "ink." Item diversitaa incausti et atra- 
 menti, ut si una pars scribatur incausto 
 nigro, et altera pars incausto rubro, non 
 atramento. Bract, fol. 398 b. 
 
 *^* The original form of this word was 
 the Graeco-Lat. encaustum, from Gr. tv, in, 
 or upon, and KavariKis, burnt, or burning, 
 (hence caustic^ from itaicii., to burn ; which 
 is'used by Pliny as descriptive of a kind 
 of painting executed by fire or heat. See 
 
 Encyclopedia Americana, tit. Encaustic 
 painting. In the civil law, however, it 
 occurs in the sense of a writing fluid. The 
 ink with which the imperial rescripts were 
 signed, was of a purple color, obtained 
 from the juices of a shell-fish called murex, 
 and the powder of another shell-fish called 
 conchylium, by the application of fire, or 
 heat; (ut cocti rauricis et triti conchylii 
 ardore signentur.) In the Code of Jus- 
 tinian it is called sacrum encaustum, and 
 the making of it for common uses, or by 
 common persons, was prohibited under the 
 penalty of death and confiscation of goods. 
 Cod. 1. 23. 6. Incaustum, also, was occa- 
 -sionally used in the later civil law, and, as 
 already mentioned, is the form adopted by 
 Bracton. The law French " enke," which 
 occurs in Britton, (c. 28,) seems to have 
 been framed directly from encaustum, by 
 mere abbreviation, and the English " ink" 
 is merely the French word with a difierent 
 initial, in which respect the form incaustum 
 is followed. 
 
 INCENDIARY, [from Lat. incendium, 
 a burning.] In criminal law. One who 
 wilfully and maliciously sets fire to an- 
 other's house. Anciently termed ardour, 
 (q. V.) a burner. 
 
 INCENDIUM. Lat. [from incendere, to 
 burn.] In the civil law. A fire ; a con- 
 flagration. Big. 47. 9. Incendium sere 
 alieno non emit debitorem. A fire does 
 not release a debtor from his debt. Cod. 
 4.2. 1]. 
 
 INCERTA. Lat. [fem. sing, and nent. 
 pi. of Incertus, q. v.] Uncertain ; doubt- 
 ful. Incerta persona ; an uncertain person ; 
 a person not particularly named or desig- 
 nated. Inst. 2. 20. 25. 
 
 Incerta pro nnllis habentur. Uncertain 
 
 things are held for nothing. Davies' R. 33. 
 
 INCERTI TEMPORIS. Lat. Of un- 
 certain time or date. A title given to 
 some English statutes enacted between 
 Magna Charta and the reign of Edward 
 III. ; their period not being ascertained. 
 2 Reeves^ Hist. Eng. Law, 85, 312. In- 
 certi nominis et temporis; of uncertain 
 name and date. Cases in the old reports 
 are sometimes so entitled. Hob. 2. 
 
 INCERTITUDO. L. Lat. [from in- 
 certus, q. v.] In old English law. Un- 
 certainty. Fleta, lib. 4, c. 17, § 1. 
 
 INCERTUS, Incerta, Incertum. Lat 
 [from in, priv. and certus, certain.] Un- 
 certain ; doubtful ; not known. Incertus 
 possessor est quern ignoramus ; an uncer- 
 
INC 
 
 (63) 
 
 INC 
 
 tain possessor is one whom we know not. 
 Diij. 50. 16. 39. 3. 
 
 INCEST. [Lat. incestus, incestum, from 
 in, not, and castus, chaste.] In criminal 
 law. Sexual intercourse between persons 
 who, by reason of consanguinity or affinity, 
 cannot lawfully be united ; (coitus illicitus 
 inter eas personas quae, ob consanguinitatem 
 vel adjinitatem, ccmjungi non possunt.) 
 Heinecc. Mem. Jnr. Civ. lib. 4, tit. 18, 
 § 1352. See 2 £ent's Com. 81, 82, et seq. 
 Lewis' U. S. Crim. Law, 436. 
 
 INCHOATE, [from Lat. inchoatus, from 
 inchoare, to begin.] Begun ; commenced ; 
 incipient; incomplete. A term applied to 
 dower, as initiate (q. v.) is to curtesy. 
 
 INCIDENT. [Lat. incidens, from inci- 
 dere, (q. v.) accessorium.'\ Belonging or 
 appertaining to ; following ; depending 
 upon another thing as more worthy or 
 principal.* Co. lAtt. 151 b. Termes de 
 la Ley. Used both as an adjective and 
 substantive. 1 Steph. Com. 291. Things 
 incident are adherent to their principals. 
 
 Wingate's Max. 127, max. 41. Things in- 
 cident cannot be severed, FimKs Law, 
 b. 1, ch. 3, num. 12. Estovers or wood 
 granted to be burnt in such a house, shall 
 go to him that hath the house, by what- 
 soever title, for one is inseparably incident 
 to the other. Id. 
 
 A thing may be necessarily and insepa- 
 rably incident to another, or usually so. In 
 England, a court baron , is necessarily in- 
 cident to a manor, and a court of piepow- 
 ders to a fair, so that they cannot be severed 
 by grant Termes de la Ley. The usual 
 incidents to reversions are fealty and rent. 
 1 Steph. Com. 291. To every estate in 
 lands the law has annexed certain peculiar 
 incidents, which appertain to it as of course, 
 without being expressly enumerated. 1 
 Milliard's Rsal Prop. 91. 
 
 INCIDENTALITER. L. Lat. Inci- 
 dentally. Bract, fol. 247 b. 
 
 INCIDERE. Lat. [from in, into or 
 upon, and cadere, to fall.] In the civil and 
 old English law. To fall into. Calv. Lex. 
 Brissonius. 
 
 To fall out : to happen ; to come to pass. 
 Calv. Lex. 
 
 To fall upon or nnder ; to become sub- 
 ject or liable to. Incidere in legem; to 
 incur the penalty of a law. Brissonius. 
 Quihus modis quis incidat in assisam ; in 
 what ways a person may become liable to 
 an assise. Bract, fol. 170 b, IVI. Inci- 
 dere in misericordiam; to fall into mercy ; to 
 
 become liable to amercement. Fleta, lib. 
 2, c. 44, § 2. 
 
 INCILE. Lat. In the civil law. A 
 trench. A place sunk by the side of a 
 stream, so called because it is cut {incida- 
 tur) into, or through the stone or earth. 
 Dig. 43. 21. 1. 5. The term seems to have 
 included ditches (fossce) and wells, {putei.) 
 Id. ibid. 
 
 INCIPITUR. L. Lat. [from incipere, 
 to begin.] (It is begun ; it begins; a be- 
 ginning.) A term applied, in English prac- 
 tice, to an entry made upon the roll in an 
 action at law, by giving merely the com- 
 mencement of the pleadings or other pro- 
 ceedings, instead of entering them in full. 
 1 Arch. Pr. 111. Z Ad. dt Ml. N. S. 
 425. 2 TidcCs Pr. 734. 
 
 INCISED WOUND. In medical ju- 
 risprudence. A cut or incision on a human 
 body ; a wound made by a cutting instru- 
 ment, such as a razor. Burr. Ciic. Evid. 
 693. Whart. d: Stille's Med. Jur. § 808. 
 
 INCIVILE. Lat. [from in, not, and 
 civile, proper or lawful.] Against legal 
 propriety, rule or order, (contra juris ordi- 
 nem ;) irregular ; unusual, (inusitatum ;) 
 unbecoming, (inconveniens ;) unjust, (ini- 
 quum.) Calv. Lex. 
 
 Incivile est, nisi tota lege perspecta, nna 
 aliqna particulaejus proposita, judicare, vel 
 respondere. It is improper, without looking 
 at the whole of a law, to give judgment or 
 advice, upon a view of any one clause of 
 of it. Dig.l.Z.2i:. 
 
 Incivile est, nisi tota sententia inspecta, 
 de aliqua parte jndicare. It ii irregular, or 
 legally improper, to pass an opinion upon 
 any part of a sentence, without examining 
 the whole. Hob. I7l a. This seems to 
 be a modification of the last maxim. 
 
 INCLAMARE. L. Lat. [from in, to or 
 upon, and clamare, to cry.] In old Euro- 
 pean law. To cry out for a person, as a 
 crier does in court ;* to summon to court. 
 Inclamatus ; proclaimed ; called or sum- 
 moned by proclamation, (in jus exactus.) 
 Edict. TheodoriCi c. 145. Spelman, 
 
 INCLAUSA. L. Lat. In old records. 
 A home close, or enclosure near the house. 
 Paroch. Antiq. 31. Cowell. 
 
 INCLAUSTRUM. L. Lat. In cl 
 English law. An enclosure; the encld 
 sure or circuit of a monastery. Spelman 
 
 INCLOSE. To shut up. "To inclose 
 a jury," in Scotch practice, is to shut them 
 up in a room by themselves. BelPs Diet. 
 I voc. Criminal prosecution. 
 
INC 
 
 (64) 
 
 INC 
 
 INCLUSIO. Lat. [from inclvdere, to 
 shut in, enclose, include.] In the civil law. 
 A shutting in; an enclosing or including; 
 inclusion ; the setting of a gem. Heinecc. 
 Elem. Jur. Civ. lib. 2, tit. 1, § 363. 
 
 A shutting up, as of bees in a hive. 
 Fleta, lib. 3, c. 2, § 3. A shutting up in 
 a prison. Id. lib. 2, c. 65, § 7. 
 
 Inclngio uniDs est exclasio alterins. The 
 
 inclusion of one is the exclusion of another. 
 The certain designation of one person is 
 an absolute exclusion of all others. 11 
 Co. 58 b, Foster's case. 
 
 INCOLA. Lat. [from incolere, to in- 
 habit, to dwell in.] In the civil law. An 
 inhabitant ; a dweller or resident. Pro- 
 perly, one who has transferred his domicil 
 to any country ; the same with the Greek 
 nufoKof. (Incola est qui in aliquam re- 
 gianem domicilium suum contulit, quern 
 GrcBci T!liaotKov appellant.) Dig. 50. 16. 
 239. 2. See Id. 50. 1. 34, 35, et per tot. 
 One who comes from abroad, and takes up 
 his abode in a place, with the view of re- 
 siding there. The peculiar sense of the 
 word seems to be derived from the com- 
 ponent particle in, having the sense of into, 
 or entry.* Domicil made a person an 
 incola, as birth made him civis, (a citizen.) 
 Cod. 10. 40. 7. Phillimore on Domicil, 
 25, 26. See Calv. Lex. 
 
 In old English law. A subject. Stat. 
 Marlbr. pr. Fleta, lib. 2, c.'47, § 13. 
 
 INCOME. In a strict sense, — that 
 which comes in, or is received from any 
 business or investment of capital, without 
 reference to the outgoing expenditures. 
 Profits generally mean the gain which is 
 made upon any business or investment, 
 when both receipts and payments are 
 taken into the account. Bronson, J. 4 
 HilVs (N. Y.) B. 20, 23. 
 
 In a looser sense, income is used as 
 synonymous with profits. Id. ibid. 
 
 INCOMMODUM. Lat. [from in, priv. 
 and commodum, advantage.] In the civil 
 and old English law. Disadvantage ; loss. 
 The opposite of commodum, (q. v.) 
 
 INCOMPATIBLE. Legally inconsist- 
 ent ; that cannot be legally imited in the 
 same person. A term frequently applied 
 to offices. 
 
 INCOMPETENCY. In the law of evi- 
 dence. Want of competency. See Com- 
 petency. 
 
 INCONCLUSIVE. In the law of evi- 
 dence. Not conclusive ; that may be dis- 
 puted or rebutted. A term applied to 
 
 presumptions. See Burr. Circ. Evid. 47, 
 48. Best on Pres. § 25. 1 Greenl. Fvid. 
 §§ 33, 34. 
 
 INCONSULTO. Lat. [from in, and 
 consulto, advisedly.] In the civil law. Un- 
 advisedly ; unintentionally. Dig. 28. 4. 1. 
 
 INCONTINENT. L. Fr. Forthwith. 
 Litt. sect. 127. 
 
 INCONTINENTL Lat. Forthwith; 
 immediately ; without any interval ; incon- 
 tinently. Fjicio te, et tu me incontinenti, 
 flagrante disseysina ; I eject you, and you 
 immediately, while the disseisin is fresh, 
 [eject] me. Bract, fol. 163 b. See Id. 
 ibid, and fol. 164, passim. Id. fol. 12 b. 
 Pacta incontinenti apposita insunt contrac- 
 tibus, et legum dant eis ; covenants put into 
 contracts at the time they are made, are 
 considered as inherent parts of them, and 
 give law to them. Id. fol. 22 b. 
 
 In the civil law, this word did not always 
 import instantaneous succession, (ad punc- 
 tum, ad momentum,) but admitted of the 
 existence of a moderate interval. Calv. 
 Lex. So Fleta uses the expression, satis 
 erit incontinenti. Lib. 4, c. 2, § 2. 
 
 INCOEPORALIS. Lat. [from in, priv. 
 and corporalis, corporeal.] In civil and old 
 English law. Incorporeal; not material; 
 not having a body or substance ; that can- 
 not be touched nor seen, (quce tangi nan 
 potest, nee videri.) Bract, fol. 13 b. lies 
 incorporales ; incorporeal things, such as 
 rights, obligations, actions, &c. Id. fol. 7 b, 
 10 b. Fleta, lib. 2, c. 60, § 18. Inst. 
 2. 2. 
 
 Incorporalia Icllo nan adqninintnr. In- 
 corporeal things are not acquired by war. 
 Lord EUenborongh, GM.fi;S. 104. 
 
 INCORPORAMUS. L. Lat. [from in- 
 corporare, q. v.] We incorporate. One of 
 the words by which a corporation may be 
 created in England. 1 Bl. Com. 473. 3 
 Steph. Com. 173. See Incorporate. 
 
 INCORPORARE. L. Lat [from in, 
 into, and corpus, a body.] In old English 
 law. To give a body to ; to clothe with a 
 body ; to gather into a body ; to incor- 
 porate. In The Case of Sutton's Hospital, 
 this word was held not requisite in law to 
 create an incorporation, other equivalent 
 words being sufficient. 10 Co. 30 a. 
 
 INCORPORATION. [L. Lat incor- 
 porqtio, from incorporare, q. v.] The form- 
 ing into a body, {corpus ;) the creation of 
 a corporation, or artificial body having per- 
 petual succession. See Corporation. 
 
 INCORPOREAL. [L. Lat incorporalis.] 
 
INC 
 
 (65) 
 
 INC 
 
 Having no body, or corpus ; not material, 
 or tangible ; not an object of sense, but 
 existing only in contemplation of law ; not 
 capable of actual visible seisin, or posses- 
 sion.* 1 Chitt. Gen. Pract. 150, 203. 
 
 INCORPOREAL CHATTELS. A class 
 of incorporeal rights growing out of, or in- 
 cident to things personal; such as patent 
 rights, and copyrights. 2 Steph. Com. 72. 
 
 INCORPOREAL HEREDITAMENT. 
 [L. Lat. incorporale hmreditamentum^ In 
 a large sense — any possession or subject of 
 property, whether real or personal, capable 
 of being transmitted to heirs, and not the 
 object of the bodily senses. 2 Steph. Com. 
 1. 1 Id. 159. See hereditament, Incor- 
 poreal. 
 
 In a stricter sense, — a right annexed to, 
 or issuing out of, or exercisable within a 
 corporeal hereditament, or land. 2 Bl. 
 Com. 17, 19. 2Steph.Com.2. 1 Id. 159. 
 The term incorporeal hereditament is, in 
 effect, exclusively applied to the class of 
 things real. Thus, a man may have a right 
 of common of pasture for his cattle, or a 
 right of way, (which are incorporeal he- 
 reditaments,) to be exercised over the land 
 (which is corporeal) of another person. 
 2 Steph. Com.-2. 3 £'ent's Com. 402. 
 
 Corporeal hereditaments consist of such 
 as affect the senses, such as may be seen 
 and handled by the body; incorporeal are 
 not the object of sensation, can neither be 
 seen nor handled, are creations of the mind, 
 and exist only in contemplation. 2 £1. 
 Com,. 17. Incorporeal hereditaments, ac- 
 cording to Blackstone, are principally of 
 ten sorts : advowsons, tithes, commons, 
 ways, offices, dignities, franchises, corodies 
 or pensions, annuities and rents. 2 £1. Com. 
 21. Mr. Stephen adds to these, water- 
 courses and lights, but makes of the whole 
 a different arrangement. 2 Steph. Com. 3. 
 In American law there are fewer kinds of 
 this description of property, the only in- 
 corporeal rights recognised being those of 
 commops, ways, easements and aquatic 
 rights, offices, franchises, annuities and 
 rents. 3 Kent's Com. 402, 403. 
 
 INCORRIGIBLE ROGUE. A species 
 of rogue or offender, described in the sta- 
 tutes 5 Geo. IV. c. 83, and 1 & 2 Vict. c. 38. 
 4 Steph. Com. 309. 
 
 INCREASE. Produce of land. 
 
 Offspring or issue of animals. " Increase" 
 of a female slave has no broader meaning 
 than children. 3 Jones' Law B. 473. 
 
 INCREMENTUM. Lat. In old Eng- 1 
 
 Vol. n. 
 
 lish law and practice. Increase ; addition ; 
 an advance in rent ; an additional payment. 
 ParocA. ^»%. 164, 316. Cowell. Costs 
 de incremento ; costs of increase. See De 
 incremento. 
 
 A parcel of land enclosed out of common 
 or waste ground. Dedi J. B. quoddam 
 incrementum terrm mem apud D. &c. ; I 
 have given to J. B. a certain enclosed par- 
 cel of my land at D. (fee. Blount. 
 
 Increase of land by the sea. See Mari- 
 tima incrementa. 
 
 INCROCARE. L. Lat. [from in, upon, 
 and Fr. croc, a hook.] In old European 
 law. To suspend from a hook, (ab unco 
 pendere;) to hang. Spelman. Si guis 
 hominem, sine consensu judicis, de ramo uhi 
 incrocatur, deponere prcesumpserit, &c. ; if 
 any one shall presume, without consent of 
 the judge, to take down a man from the 
 branch where he is hung, &c. L. Salic. 
 tit. 69, § 2. 
 
 INCROCH. [L. Lat. incrochiare, from 
 L. Fr. encr'ocher, q. v.] In old English law. 
 To draw to one, as with a hook, {velut 
 hamd, suhducere ;) to usurp. Hence the 
 modern encroach. "Admirals and their 
 deputies do incroch to themselves divers 
 jurisdictions." Stat. 15 Bich. 11. c. 3. 
 Blount. See JEncroach. 
 
 INCULPATE, [from Lat. in, and culpa, 
 blame.] To impute blame or guilt; to 
 accuse. 
 
 INCULPATORY. In the law of evi- 
 dence. Going, or tending to establish 
 guilt ; intended to establish guilt ; crimina- 
 tive. Burr. Circ. JEvid. 251, 252. 
 
 INCUMBENT. [Lat. incumbens, from 
 incumhere, to lie or be upon ; to bend over, 
 to bend to.] In English ecclesiastical law. 
 A clerk who is resident on his benefice, with 
 cure; and csXied. incumbent of that church, 
 because he does or ought to bend all his 
 study to the discharge of the cure. Co. 
 Lift. 119 b. Cowell. Blount. The law 
 styles every parochial minister an incum- 
 bent, upon the supposition that he alwavs 
 resides upon his benefice. 1 Bl. Com. 391'. 
 3 Steph. Com. 83. 
 
 This word is now applied to civil officers, 
 as well as ecclesiastical, to denote the 
 person in present possession of an office 
 
 INCUMBERE. Lat. To lie or rest upon ; 
 to be upon. Hence incumbent, (q. v.) in- 
 cumber. Aetori incnmbit onus probandi. The 
 burden of proof rests on the plaintiff. 4 
 Co. 12 a. 
 
 To lie or bend over a thing, as one bend.'* 
 
IND 
 
 (66) 
 
 IND 
 
 over a task ; to apply one's self vigorously. 
 Coke derives incumbent from this sense 
 also. 
 
 To possess or preserve ; to hold fast or 
 close. Calv. Lex. 
 
 INCUMBEAMENTUM. L.Lat. [from 
 incumbrare, q. v.] In old English law. An 
 incumbrance. Bract, fol. 261. Fleta, lib. 
 5, c. 4, § 16; c. 14, § 11. 
 
 INCUMBRANCE. [L. Lat. incumbra- 
 mentum, q. v.] A burden or charge upon 
 property ; a legal claim or lien upon an 
 estate ; such as a judgment or mortgage. 
 
 INCUMBRANCEE. One who holds 
 an incumbrance, such as a mortgage, upon 
 another's estate. 
 
 INCUMBRARE. L. Lat. [from mcwm- 
 bere, to lie upon?] In old English law. 
 To incumber. Agat versus eum qui in- 
 cumbravit, ad tollendum incumbramentum ; 
 he may have an action against him who 
 incumbered, to remove the incumbrance. 
 Fleta, lib. 5, c. 14, § 11. 
 
 INCURRERE. L. Lat. [from in, upon, 
 and currere, to run.] To run or fall against, 
 or into ; to become subject or liable to ; 
 to incur. Gowell. Scottice, inrine, in-run. 
 Incurramentum is used in old records. 
 Cowell. 
 
 INDE. L. Lat. Thereof; therefrom. 
 Quod eat inde sine die ; that he go thereof 
 without day. 
 
 Thereof ; thereupon. Ft inde producit 
 sectam ; and thereof he produces suit, or 
 brings suit. See Ft inde, &c. Si judici- 
 um inde redditum sit ; if judgment be 
 thereupon given. 
 
 Thereof; of that thing. In considera- 
 tione inde ; in consideration thereof. i\7bre 
 constat quid inde venit ; it does not appear 
 what became of it. Hardr. 65. A re- 
 porter's note. 
 
 Therefore. Inde datoe leges ne fortior 
 omnia posset ; laws are made to prevent 
 the stronger from having the power to do 
 everything. Davies' S. 36. 
 
 Therewith. Consignando inde chartas 
 vel brevia ; by sealing therewith charters 
 or writs. Bract, fol. 119 b. 
 
 INDEBITATUS. L. Lat. Indebted. 
 Nunquam indebitatus; never indebted. 
 The title of the plea now substituted in 
 England, for nil debet. 
 
 INDEBITATUS ASSUMPSIT. L. Lat. 
 Being indebted, he undertook. The em- 
 phatic words of the old common counts in 
 assumpsit, which, after stating for what the 
 defendant was indebted to the ■ plaintiff, 
 
 went on to state that, " sic inde indebitatus 
 existens, idem W. in considerations inde, 
 postea, scilicet eodem die et anno supradicto, 
 apud locum predictum, super se assumpsit, 
 et eidetjn querenti adtune et ibidem fideliter 
 promisit," &c. Or, as literally translated 
 in the modern forms, — " being so indebted, 
 the said W. [defendant,] in consideration 
 thereof, afterwards, to wit, on the same 
 day and year aforesaid, at the place afore- 
 said, undertook, and then and there faith- 
 fully promised the said plaintiff," &c. 
 Towns. PI. 415. 2 CUtt. PI. 37. 
 The name given to that species of the action 
 of assumpsit, in which the above descrip- 
 tion of count is employed, and in which 
 the declaration consists substantially of two 
 general allegations; first, of a debt, and 
 then of a promise, in consideration of the 
 debt ; the promise, however, being usually 
 not an express but an implied one. See 
 3 Bl. Com. 154, 155. 1 Tidd^s Pr. 2. 
 1 Chitt. PI. 341, et seq. 
 
 INDEBITI SOLUTIO. Lat. In the 
 civil and Scotch law. The payment of 
 what is not due ; which, when made from 
 ignorance or by mistake, might be recov- 
 ered back by an action termed condictio 
 indebiti. Dig. 12. 6. BelVs Diet. 
 
 INDEBITUM. Lat. [from in, priv. and 
 debitum, due.] In the civil law. Not due, 
 or owing. Dig. 12. 6. Calv. Lex. 
 
 INDECIMABLE. [L. Lat. indedma- 
 bilis, from in, priv. and decimce, tithes.] 
 In old English law. That which is not 
 titheable, or liable to pay tithes. 2 Inst. 
 490. 
 
 INDEFEASIBLE. Indefeisible. That 
 which cannot be defeated, undone, or made 
 void. 
 
 INDEFENSUS. L. Lat. [from in, priv. 
 and defendere, to deny.] In old English 
 practice. Undefended ; undenied by plead- 
 ing. See Undefended. 
 
 A defendant who makes no defence or 
 plea. Fleta, lib. 2, c. 61, § 6. 
 
 INDEFINITE FAILURE OF ISSUE. 
 A failure of issue not merely at the death 
 of the party whose issue are referred to, but 
 at any subsequent period, however remote. 
 1 Steph. Com. 562. — ^A failure of issue 
 whenever it shall happen, sooner or later, 
 without any fixed, certain or definite period 
 within which it must happen. 4 Kenfs 
 Com. 2l4. The period when the issue or 
 descendants of the first taker shall become 
 extinct, and when there is no longer any 
 issue of the issue of the grantee, without 
 
IND 
 
 (67) 
 
 IND 
 
 reference to any particular time or any 
 particular event. Id. ibid. See 14 iV^ 
 Hamp.R. 215. 
 
 INDEFINITE PAYMENT. In Scotch 
 law. Payment without specification. In- 
 definite payment is where a debtor, owing 
 several debts to one creditor, makes a pay- 
 ment to the creditor, without specifying to 
 which of the debts he means the payment 
 to be applied. See BeWs I/ict. 
 
 INDEFINITUM. L. Lat. Indefinite; 
 undefined ; without specification, or parti- 
 cular designation ; in general terms. 
 
 Indefinitnin SBpipollet nniversall. The 
 undefined is equivalent to the universal or 
 whole. 1 Ventr.'368. Where reference is 
 made to several parcels, in general terms, 
 as '-' the said," it will be taken to include the 
 whole. Thus, where a testator devised his 
 lands in A. to his wife for life ; Item, his 
 lands in B. to his wife for life, and also his 
 lauds which he purchased of C. to his 
 wife for life, and after the decease of his 
 wife, he gave the said lands to one of his 
 sons and his heirs, it was held that all the 
 lands passed. Id. ibid. Another form of 
 this maxim is, Indefinitnni snpplet locum 
 nniversalis. The undefined or general 
 supplies the place of the whole. Branches 
 Princ. 
 
 In ffardr. 310, Hale, C. B. says, "in the 
 king's grants indefinite words do not im- 
 port an absolute universality." 
 
 INDEMNIFY. [L. Lat. indemnificare, 
 from indemnis, harmless, and facere, to 
 make.] To make or save harmless; to 
 secure against loss or damage; to secure 
 against future loss.* " Insurance is a con- 
 tract whereby, for a stipulated considera- 
 tion, one party undertakes to indemnify 
 the other against certain risks." 1 Phillips 
 on Ins. 1. 
 
 To make good; to re-imburse to one 
 what he has lost. Webster. To put one 
 in the situation he was in, before sustaining 
 a loss.* See Indemnity. 
 
 In some of the old books, this word is 
 written indempnify. 2 Sep. in Ch. 410. 
 
 INDEMNIS. Lat. [from in, priv. and 
 damnum, loss or harm.] Without loss, 
 damage or harm; harmless; unharmed.* 
 One who experiences no loss, or is affected 
 by no loss; (^qui damnum non sentit, qui 
 nuUo damno adficitur.) Brissonius. 
 
 INDEMNITY. [Lat. indemnitas, from 
 indemnis, q. v.] Security against loss; 
 security against future loss ; security against 
 loss or liability from any future act or oc- 
 
 currence.* " Insurance is universally con- 
 sidered to be a contract of indemnity." ^ 1 
 Phillips on Ins. 4. The general principle 
 that runs through the whole subjeqt of in- 
 surance, is that of indemnity. 2 Id. 42. 
 The indemnity proposed by insurance is, 
 to put the assured in the situation he was 
 in when the risk began. Id. ibid. 
 
 Security against loss or liability in con- 
 sequence of an act already done, or any 
 past occurrence.* An act of indemnity, in 
 English law, is one that is passed for the 
 relief of those who have neglected to take 
 certain necessary oaths, or to perform other 
 acts required to qualify them for their 
 offices and employments. Solthouse. 
 Wharton^s Lex. Brande. , 
 
 In some of the old books, this word is 
 written after the law Latin, indempnity. 
 2 Bep. in Ch. 410. 
 
 INDEMPNIS. L. Lat. The old form 
 of writing jWerom*. Towns. PI. \9. So, 
 indempnificatus for indemnificatus. 
 
 To INDENT. [L. Lat. indenture, from 
 in, in, and dens, a tooth.] Literally, to 
 make in teeth ; to cut in the form of teeth. 
 
 In old conveyancing. To cut through 
 parchment or paper in a line composed of 
 a series of uniform points or angles like the 
 teeth of a saw, (or what may be called a 
 serrated line ;) which was done through 
 a space left for that purpose in the middle, 
 between the two written parts of an instru- 
 ment. To cut in a waving or undulating 
 line. See Indenture. 
 
 In modem conveyancing. To cut the 
 edge or margin of the paper or parchment 
 on which an indenture is written ; which is 
 done at the top, in a waving or undulating 
 line. To cut or notch the edge in a series 
 of scallops, which is the more common 
 practice, both being modifications of the 
 old indented or serrated line. See Irir 
 denture. 
 
 To bind by indenture or contract; to 
 bind as an apprentice. Indented ; bound 
 by indenture. Webster. 
 
 INDENT. In American law. A cei^ 
 tifioate or indented certificate issued by the 
 government of the United States at the 
 close of the Eevolution, for the principal 
 or interest of the public debt. Webster. 
 Mr. Hamilton's Report on Public Credit, 
 Jan. 9, 1790. 
 
 This word is used in the acts of Congress 
 of April 30, 1790, sess. 2, chap. 9, § 14, 
 and March 3, 1825, sess. 2, chap. 65, § 17, 
 and was construed in the case of the United 
 
IND 
 
 (68) 
 
 IND 
 
 States V. Irwin, 5 McLean's B. I'ZS. In 
 this case, the court (Leavitt, J.) quoted and 
 adopted the definition of "Webster, and 
 held that a military land warrant was not 
 an indent. Id. 183. The word itself 
 seems to be no longer in use. 
 
 INDENTURE. [L. Fr. endenture, fait 
 endent ; L. Lat. indentura, scriptum inden- 
 tatum, seriptura indentata, (a writing in- 
 dented,) chartaindentata, (a deed indented,) 
 litercB indeniaice, (letters indented ;) . Gr. 
 cvyyfaipov, ffuy/pa^j.] In ancient conveyanc- 
 ing. A writing containing a conveyance, 
 bargain, contracts, covenants or agreements 
 between two or more, and indented in the 
 top or side, answerable to another that 
 likewise comprehends the self-same matter. 
 Co. Litt. 229 a. — ^An instrument executed 
 in parts, that is, consisting of the same 
 matter written twice on the same sheet, 
 with a space between, where, after execu- 
 tion, the parchment was cut throiigh, di- 
 vided, (hence the name dividenda, q. v.) 
 or indented, (i. e. cut in a serrated line, 
 whence the name indenture,) and a part 
 delivered to each of the parties. Sometimes 
 termed " a pair of indentures." 3 Leon. 
 69. 2 Id. 130. 
 
 *^* Before the indenting of deeds (or 
 charters, as they were formerly called,) came 
 into use, when there were more parties 
 than one interested in them, there were as 
 many parts of them taken as there were 
 parties interested, and one part was de- 
 livered to each of the parties. These multi- 
 plied parts were called chartm pariclce or 
 pariculm, a barbarous term importing that 
 they were equal or alike in all respects, 
 (in omnibus pariles.) Spelman, voc. Pari- 
 cla. Butler's Note, 138, lib. 3, Co. Litt. 
 Instead of this method, (which resembles 
 that now in use,) the practice was after- 
 wards introduced, of writing the several 
 parts of which the deed was to be com- 
 posed, on the same sheet of parchment, 
 leaving between the parts a space where a 
 sentence' was written or figure drawn, 
 through which, after execution, the parch- 
 ment was cut or divided into as many parts 
 as there were parties. This prevailed as 
 early as the times of the Saxons, the cuts 
 or divisions being made in straight lines. 
 Afterwards the word CYROGRAPHUM, 
 or CHIR06RAPHUM, (q. v.) was sub- 
 stituted for the intermediate sentence or 
 figure, and the cut made through it, in a 
 line composed of a series of points or 
 angles resembling the teeth {denies) of a 
 
 saw, and from this indented or serratedY\ne, 
 these instruments came to receive the name 
 of indentures, which is retained to this 
 day. This practice of indenting, according 
 to Mr. Butler, began with the lawyers as 
 early as the reign of King John, and is sub- 
 stantially continued in modem conveyanc- 
 ing, though the indenting is no longer 
 made on an intermediate line, but only oh 
 the edge of the paper or parchment, at the 
 top of the instrument, and usually in a 
 waving or scalloped line, instead of the 
 original indented form. 
 
 INDENTURE. In modem conveyanc- 
 ing. A deed of conveyance expressed to 
 be made between parties, {inter partes,) and 
 in the third person; thus : "This Indenture, 
 made, &c. between — tt of the first part, 
 
 and of the second part, witnesseth, 
 
 that the said party of the first part, &c. 
 hath granted," &c. ; in which respects it is 
 distinguished from a deed poll, which is 
 expressed to be made by one party' ovAj, 
 and in the _^r*i person, thus : "Know all 
 
 menby th^se presents, that I, of , 
 
 (fee. have granted," &.c. See Inter partes. 
 
 A deed of conveyance indented or cut 
 at thfe top or side in an indented, waving, 
 or scalloped line, as distinguished from a 
 deed poll, which has the edge uncut or 
 even. See infra. 
 
 *^* The ancient inherent and essential 
 distinction between an indenture and a deed 
 poll, (and which the names themselves so 
 significantly express,) viz. that the one was 
 always indented, and the other, not, has 
 become almost entirely obliterated by time, 
 and the gradual disuse of the ancient forms ; 
 the result of which has been to leave the 
 names of these instruments with very little 
 sensible meaning. As late as the time; of 
 Lord Coke, when the forms of indentures 
 had become substantially the same as at 
 present, the old rule, and practice of in- 
 denting were strictly retained, it being laid 
 down by that author that the manual act 
 of indenting the parchment made the in- 
 strument an indenture, though it did not 
 itself purportin words to be an indenture; 
 and that, on the other hand, though it con- 
 tained words of indenture, jei^ unless ac- 
 tually indented, it was no indenture. Co. 
 Litt. 229 a. 5 Co. 20 b. Stile's case. And 
 see 3 Leon. 16, case 39. Since that time, 
 however, the indenting of deeds has gradu- 
 ally become a mere form, and, though re-, 
 tained in England in the practice of cutting 
 the top of the parchment in a waving line, 
 
IND 
 
 (69) 
 
 IND 
 
 it is not, in general, necessary to the legal 
 validity of the instrument. 2 £1. Com. 296. 
 1 Steph. Com. 447. See Deed indented. 
 Careful conveyancers, however, even in the 
 United States, continue to notch or scallop 
 the edge of the paper at the top of deeds, 
 which, however unimportant in its legal 
 eflFect, is not without significance, as an ex- 
 pression of the real character of theinstru- 
 ment. In England, it has heen thought 
 necessary to declare, by act of parliament, 
 that a deed shall have the eflFect of an in- 
 denture, though not actually indented. 
 Stat. 8 & 9 Vietc. 106, § 5. 
 
 INDENTURE. A contract in two parts, 
 by which a person is bound to serve an- 
 other in his trade, art or occupation, on 
 condition of being instructed in it. See 
 Apprentice. 
 
 INDEPENDENT COVENANTS. Cov- 
 enants in an instrument which are indepen- 
 dent of each other, or where the perform- 
 ance of one does not depend upon the per- 
 formance of the other ; and where either 
 party may recover damages from the other, 
 for the injury he may have sustained by a 
 breach of the covenants in his favor, without 
 averring performance of other covenants on 
 his part, as conditions precedent See 1 
 Selden's B. 247. 
 
 The dependence or independence of 
 covenants is determined by the order of 
 time in which, by the terms and meaning 
 of the contract, their performance is re- 
 quired. Id. ibid. 
 
 Independenter se habet asseenratio a 
 ' Tiaggio navh. The voyage insured is an 
 independent or distinct thing from the voy- 
 age of the ship. 3 Keats Gom. 318, note. 
 
 Index animi sermo. Speech is the index 
 of the mind or thought; language is the 
 exponent of intention. Nothing can so 
 well explain the meaning of the maters of 
 an act as their own direct words. Broom's 
 Max. 268, [480.] See Verba sunt indiecji 
 animi. 
 
 INDICARE. L. Lat. [from index, a 
 shower or pointer.] In the civil law. To 
 show or discover. 
 
 To fix or tell the price of a thing. Calv. 
 Lex. 
 
 To inform against ; to accuse. Dig. 50. 
 16. 197. 
 
 INDICATION. [Lat. indicatio, from 
 indicare, q. v.] In the law of evidence. 
 A sign or token ; a fact pointiiig to some 
 inference or conclusion. Burr. Circ. Evid. 
 251, 252, 263, 275. 
 
 INDICAVIT. L. Lat. [from indicare, 
 to show.] In English practice. A writ 
 of prohibition that lies for a patron of a 
 church, whose clerk is sued in the spiritual 
 court by the clerk of another patron, for 
 tithes amounting to a fourth part of the 
 value of the living. 3 Bl. Com. 91. 3 
 Steph. Com. 711. So termed from the 
 emphatic words of the Latin form. Beg. 
 Grig. 35 b, 36. 
 
 INDICIA. Lat. [plur. of indicium, q. 
 v.] In the law of evidence. Signs ; marks ; 
 tokens ; badges ; indications ; facts proved 
 as pointing to facts sought. Cod. 3. 32. 19. 
 Id. 4. 19. 25. Burr. Circ. Evid. 121, note 
 (d). Indicia indubiiata qum fidem extor- 
 quent ; undoubted tokens which extort 
 belief. 14: St. Trials,\\Q9,\2Z\. Indiciis 
 luce clarioribus ; by indications clearer than 
 light. Cod. 4. 19. 25. 
 
 Physical marks of crime. Fleta, lib. 1, 
 c. 25, § 14. 
 
 Badges of guilt, on the part of an ac- 
 cused person. Burr. Circ. Evid. 83. 
 
 Badges of fraud in conveyances of pro- 
 perty. 2 Kenfs Gom. 515. 
 
 INDICIUM. Lat. In the civil law. A 
 sign or mark. A species of proof, answer- 
 ing very nearly to the circumstantial evi- 
 dence of the common law. Best on Pre- 
 sumptions, 13, § 11, note. Wills an Circ. 
 Evid. 34. 
 
 INDICT. [L. Lat. indictare, from Fr. 
 endicter, or enditer, from Gr. hSclKniu, to 
 point out, or present by name before a 
 court.] In criminal law. To accuse by 
 the finding or presentment of a grand jury ; 
 to find an indictment against.* See In- 
 dictment. Indite and endite were old forms 
 of this word. Cowell. Blount. 
 
 In old maritime law. To proclaim, or 
 openly declare. "If war be indicted, 
 or is begun," &c. Molloy, de Jur. Mar. 
 17. 
 
 INDICTAMENTUM. L. Lat. In old 
 English law. An indictment. Meg. Grig. 
 169 b. Fleta, lib. 1, c. 34, § 39. Co. Lift. 
 126 b. 
 
 INDICTARE. L. Lat. In old English 
 law. To indict. Stat. Westm. 2, c. 46. 
 Fleta, lib. 1, c. 25, § 3. Indictatus ; in- 
 dicted. Bract, fol. 143, 153. Beg. Grig. 
 269, 270. See Indict. Anciently called 
 indictee. Stat. 21 Jac. I. c. 8. Blount. 
 
 INDICTIO. Lat. [from indicere, to de- 
 clare or proclaim.] In old public law. A 
 declaration; a proclamation. Indictio belli ; 
 a declaration or indictment of war. Molloy, 
 
IND 
 
 (70) 
 
 IND 
 
 de Jur. Mar. 17. Grotius, de Jur. Bell. 
 lib. 3, c. 3. 
 
 INDICTMENT. [L. Fr. enditement; 
 L. Lat. indictamenturni] In criminal law. 
 A written accusation of one or more per- 
 sons of a crime or misdemeanor, preferred 
 to and presented upon oath by a grand 
 jury. 4 Bl. Com. 302. 4 SUph. Com. 
 369. Arch. Crim. PI. 1. See Irvdki. 
 Sometimes written inditement and endite- 
 ment. Co. Litt. 126 b. See Whartcm's 
 Prec. of Indictments. United States Di- 
 gest, Indictment. 
 
 INDICULUS. L. Lat. A species of 
 formula in the jurisprudence of the middle 
 ages, resembling a writ or precept, but, as 
 is supposed, without a seal. Spelman. 
 Steph. PI. Appendix, Note (2.) 
 
 Any declaratory writing, (scriptum indi- 
 cativum.) Spelman. 
 
 INDIFFERENT. Impartial; unbiassed; 
 disinterested. 
 
 INDIGENA. Lat. In old English law. 
 A subject born ; one born within the realm, 
 or naturalized by act of parliament; a 
 native. Co. Litt. 8 a. The opposite of 
 alienigena, (q. v.) 
 
 INDILATE. L. Lat. [from in, priv. 
 and dilatus, delayed.] In old English 
 practice. Without delay. A formal word 
 in writs. Reg. Orig. 128 b. ^i;eta,lib. 2, 
 c. 47, § 4. 
 
 INDIRECT EVIDENCE. That Mnd 
 of evidence which goes to prove a principal 
 fact, by establishing other or subordinate 
 facts, from which the principal fact may be 
 inferred or presumed. Vinnius, Jurispr. 
 Contr. lib. 4, c. 25. 3 Benth. Jud. Mid. 25. 
 See Direct. Generally used as synony- 
 mous with circumstantial evidence. Burr. 
 Circ. Uvid. 4 — 7. Best on Evid. 21, 22, 
 § 27. But see Id. ibid. note. 
 
 INDITEE. L. Fr. In old English law. 
 A person indicted. Mirr. c. 1, sect. 3. 
 9 Co. pref. 
 
 INDIVIDUUM. Lat. In the civil law. 
 That cannot be divided. Calv. Lex. 
 
 INDIVI8UM. Lat. [from «», priv. and 
 divisum, divided.] Undivided ; that which 
 two hold in common without partition. 
 Cowell. See Pro indiviso. 
 
 In the civil law, this word sometimes had 
 the sense of individuum, (q. v.) Calv. Lex. 
 
 INDOMINICATUS, Indominicatum. 
 
 [from in, in, and dominicum, demesne.] 
 n feudal and old European law. In de- 
 mesne ; reserved for the use of the lord. 
 Spelman. 
 
 INDORSAMENTUM. L. Lat. [from 
 indorsare, q. v.] In old English law. In- 
 dorsement ; an indorsement ; a writing on 
 the back. Cowell, voc. Indorsement. See 
 3 P. Wms. 428, 434. The continental 
 writers use indossamentum, (q. v.) 
 
 INDORSARE. L. Lat. [from in, on, 
 and dorsum, the back.] In old English law. 
 To put or write on the back. Dies captionis 
 indorsari debet in tergo brevis ; the day of 
 the taking ought to be indorsed on the 
 back of the writ. Bract, fol. 365 b. Beg. 
 Orig. 20, in marg. Indorsavit ; he in- 
 dorsed. 7 Mod. 86. Indorsatum ; in- 
 dorsed. Mem. in Scacc. H. 26 Edw. I. 
 Fleta, lib. 6, c. 6, § 19. 
 
 INDORSAT. In old Scotch law. In- 
 dorsed. 2 Pitc. Cr. Trials, 41. 
 
 INDORSE, Endorse. [L. Lat. indorsare; 
 L. Fr. endorser, qq. v.] To put on the 
 back ; to write on the back, {in dorso.) 
 
 In mercantile law. To write one's name 
 on [and properly, across] the back of a bill 
 of exchange, promissory note or check, 
 with or without other words ; to transfer 
 by such writing. See Indorsement. 
 
 To write one's name on the /ac« of a bill 
 or note, or on another paper annexed to it. 
 See Indorsement. This is an improper 
 sense of the term. 
 
 INDORSEE, Endorsee. [L. Lat. indos- 
 satarius-l In mercantile law. The party 
 in whose favor a bill of exchange, promis- 
 sory note or check is indorsed ; the party 
 to whom it is transferred by the indorse- 
 ment of the payee, or any previous holder.* 
 Ghitty on Bills, 2. 
 
 INDORSEMENT, Endorsement. [Fr. 
 endossement j L. Lat. indorsamentum, in- 
 dossamentum, qq. v.] Any writing on the 
 back, (in dorso,) of any instrument or paper. 
 1 Salk. 375. A writing on the back of a 
 paper or parchment containing another 
 writing. 1 Mod. 86. Called " a term known 
 in law," Id. ibid. See Indorse. 
 
 In mercantile law. The writing one's 
 name on [that is, across] the back of a bill 
 of exchange, promissory note or check ; the 
 writing the name of the payee, or holder 
 of a bill, note or check on the back of it, 
 by which the property in it is assigned and 
 transferred.* 2 Bl. Com. 468, 469. Story 
 on Bills, § 204. Story on Notes, § 121. 
 
 The writing the name of the payee or 
 holder of a bill or note on the face of it, or 
 on another paper annexed to it, (and called 
 in French law, allonge, q. v.) It is well 
 settled that writing on the back of a bill or 
 
IND 
 
 (71) 
 
 IND 
 
 note is not essential to a valid indorsement. 
 On the contrary, it will be a good indorse- 
 ment if it be made on the face of the bill 
 or note. Story on Bills, § 204. Story cm, 
 Notes, § 121. 1 Stra. 18, 19. But this 
 is, undoubtedly, an improper sense of the 
 term. 
 
 *^* In the case of Bex v. Bigg, (3 P. 
 Wms. 419,) the prisoner was indicted for 
 rasing out an indorsement on a Bank of 
 England note. The fact was, that he had, 
 by means of lemon juice, taken out a re- 
 ceipt, written ore the inside of the note and 
 across its face, but " called by the bank an 
 indorsement." It was urged for the pri- 
 soner, that this receipt written on the face 
 of the note was not an indorsement ; and 
 the learned counsel relied on the plain sig- 
 nification of the word, not only as indicated 
 by its obvious composition and etymology, 
 but as sanctioned by common use. The 
 opinion of the judges is not given in the 
 report of the case, although it is said in a 
 note that they differed in opinion, but the 
 majority of them held it to be felony. In 
 
 I Stra. 18, 19, which contains a report of 
 the same case, it appears that the court 
 held that the writing on the face of 
 the note was of the same effect as an 
 indorsement, and being introduced by the 
 company instead of writing on the back, 
 and always accepted and taken to be an 
 indorsement, was within the words of the 
 indictment. 
 
 In a late Virginia case, the word " en- 
 dorsement" was construed by the court in 
 its general sense, " a writing on the back." 
 
 II Grattan^s R. 830. It was said in this 
 case, by Lee, J. that " the primitive and 
 popular sense of something written on the 
 outside, or hack of a paper, on the opposite 
 side of which something else had been pre- 
 viously written, should be given to the 
 word wherever the context shows it to be 
 proper, or it is necessary to give effect to 
 the pleading or other instrument in which 
 it may occur." Id. ibid. 
 
 INDORSEMENT IN BLANK. In 
 mercantile law. An indorsement consist- 
 ing merely of the signature of the party 
 making it. Story on Bills, § 206. An 
 indorsement is said to be in blank, when 
 the name of the indorser is simply written 
 on the back of the note, leaving a blank 
 over it for the insertion of the name of the 
 indorsee, or of any subsequent holder. 
 Story on Notes, 8 138. 
 
 INDORSEMENT IN FIJLL. In mer- 
 
 cantile law. An indorsement which men- 
 tions the name of the person in whose favor 
 it is made, thus : " Pay A. B. or order, C. 
 D." Story <m Notes, § 139. Story on 
 Bills, § 206. 
 
 INDORSER, Endorser. [L. Lat. indos- 
 sans-l In mercantile law. The party by 
 whom a bill of exchange, promissory note 
 or check is indorsed.* Ghitty on Bills, 2. 
 
 INDORSOR. An old form of indorser, 
 and strictly the true form of the word. 
 11 Mod. 369. 
 
 INDOSSAMENTUM. L.Lat. In mer- 
 cantile law. Indorsement; an indorse- 
 ment. Id gwod vacant indossamentum, 
 quia dorso inscribi solet ; that which they 
 call indorsement, {indossamentum^ because 
 it is usually written dorso, (on the back.) 
 Heinecc. de Camb. c. 2, §§ "7, 10, 11. 
 
 INDOSSANS. L. Lat. An indorser. 
 Heinecc. de Oamb. c. 2, §§ 10, 11. 
 
 INDOSSATARIUS. L. Lat. An in- 
 dorsee. Heinecc. de Camb. c. 2, §§ 10, 11. 
 
 INDUCEMENT, [from Lat. inducere, 
 to introduce or bring in.] In pleading. 
 Introduction ; a leading to, or bringing in.* 
 Matter of inducement is matter brought 
 forward only by way of explanatory intro- 
 duction to the main allegations of a plead- 
 ing. Steph. PI. 243. 
 
 In criminal evidence. Motive ; that 
 which leads or tempts to the commission 
 of crime. Burr. Circ. Evid. 283. 
 
 INDUCLE. Lat. In the law of nations. 
 A truce ; a suspension of hostilities ; an 
 agreement during war, to abstain for a time 
 from warlike acts. Grotius, de Jur. Bell. 
 lib. 3, c. 21, § 1. One of the commercia 
 belli. Id. ibid. 
 
 In old maritime law. A period of twenty 
 days after the safe arrival of a vessel under 
 bottomry, to dispose of the cirgo, and raise 
 the money to pay the creditor, with in- 
 terest. Loccenius, de Jur. Mar. lib. 2, c. 6, 
 §10. 
 
 In old Englisb practice. Delay or in- 
 dulgence allowed a party to an action ; 
 farther time to appear in a cause. Bract. 
 fol. 352 b. Fleta, lib. 4, c. 5, § 8. 
 
 In Scotch practice. Time allowed for 
 the performance of an act. ArMey's R. 
 270. Time to appear to a citation. 2 
 Brown's R. 267. Time to collect evidence 
 or prepare a defence. 1 Swinton's R. 360 
 arg. 
 
 INDUCTIO. Lat. [from inducere, to 
 draw along, or over.] In the civil law. 
 Obliteration, by drawing the pen or stylus 
 
INF 
 
 (12) 
 
 INF 
 
 over the writing. Diff. 28. 4. Calv. 
 Lex. 
 
 INDUCTION. [L. Fr. induccim, from 
 Lat. inductio, a leading into.] In English 
 ecclesiastical law. The giving a clerk or 
 parson corporal possession of a church, 
 which is done by leading him into it, and 
 delivering him the keys by the archdeacon 
 or bishop's deputy ; and by his tolling a 
 bell, or the like, to show that he has taken 
 possession. Cowell. 1 Bl. Com. 391. The 
 object of this form is to give all the pa- 
 rishioners due notice, and sufficient certainty 
 of their new minister, to whom their tithes 
 are to be paid. Id. ibid. It is the inves- 
 titure of the temporal part of the benefice, 
 as institution is of the spiritual. Id. 
 ibid. 
 
 INDUSTRIALS. Lat. [from indus- 
 iria.l In' the civil law. Industrial; pro- 
 duced by industry. See Fructus indus- 
 triales. 
 
 INESSE. Lat. To be in; to be in- 
 herent in ; to be a component part of.. 
 
 See ^U8B incontinenti finnt, &c. 
 
 INEVITABLE ACCIDENT. In the 
 law of bailment. Any accident produced 
 by any physical cause which is inevitable, 
 such as a loss by lightning or storms, by 
 the perils of the seas, by an inundation or 
 earthquake, or by sudden death or illness. 
 Story on Bailm. § 25. Commonly called 
 the act of God. Id. ibid. 2 Kelly's (6a.) 
 R. 349. 
 
 INFALISTATUS. L. Lat. [from in, 
 and Fr. falaize, the sea shore.] In old 
 English law. Exposed upon the sands, or 
 sea shore. A species of punishment men- 
 tioned in Hengham. Summa Parva, c. 3. 
 Cowell. See Faleste. 
 
 INFAMARE. Lat. [from in, priv. and 
 fama, reputation.] In the civil law. To 
 defame ; to attack or injure one's charac- 
 ter by word or writing. Brissonius. Hum 
 qui nocentem infamat, non est oequum et 
 bonum ob earn rem condemnari ; delicta 
 enim nocentium nota esse oportet et expedit ; 
 it is not just that he who defames a guilty 
 person should be condemned therefor ; for 
 it is both right and proper that the crimes 
 of the guilty should be made known. Dig. 
 47. 10. 17. 3 Bl. Com. 125. 
 
 INFAMIA. Lat. [from infamis, q. v.] 
 An evil report. 4 Reeves^ Hist. Eng. Law, 
 37. 
 
 Infamy ; ignominy or disgrace. 
 
 INFAMIS. Lat. [from in, priv. and 
 fama, reputation.] Infamous ; without 
 
 character or reputation ; not of good char- 
 acter. Calv. Lex. 
 
 Branded as infamous by the law. Id. 
 
 INFAMOUS CRIME. In criminal law. 
 A crime which, in England, formerly inca- 
 pacitated the party committing it from giv- 
 ing evidence as a witness ; such as treason, 
 prcemunire, felony, and every species of the 
 crimen falsi, as peijury, forgery, and the 
 like. Roscoe's Crim. JEv. 135, et seq. In- 
 competency from this cause has been abol- 
 ished by statute 6 & 7 Vict. c. 85. 
 
 By the Revised Statutes of New-York, 
 the term " infamous crime," when used in 
 any statute, is directed to be construed as 
 including every offence punishable with 
 death or by imprisonment in a state prison, 
 and no other. 2 Rev. St. [702, § 31,] 587, 
 § 35. 
 
 INFANC, Infang. Sax. [from in on, 
 ajidfang, a hand, qrfangen, to take hold.] 
 In old European law. A laying hands on. 
 Si in eum contra legem manus injicerit, 
 quod infanc dicitur, &c. ; if he lay hands 
 on him contrary to law, which is called in- 
 fanc, &c. L. Boior. tit. 3, § 3. Id. tit. 
 4, § 5. Spelman. 
 
 INFANCY. [L. Lat. minor cetas.] The 
 state of an infant; nonage, or minority; 
 the state of being under age, or under the 
 age of twenty-one years.* 4 Bl. Com. 22. 
 1 Id. 463. See Infant. The infantia of 
 the civil law was only one of the stages of 
 minority, reaching to the age of seven. 
 See Infantia. 
 
 INFANGTHEFE, Infangtheof, Infang- 
 thef, Infangethef, Infangenthef, Infongen- 
 thef, Infangenetheof. Sax. [from in, within, 
 fang, taken, and thef, or theof a thief; Lat. 
 infra captusfur.'] In old English law. A 
 thief taken in, or within ; i. e. within the 
 manor or liberty of any man having juris- 
 diction to try him. Spelman. Fleta, lib. 
 6, c. 37, § 2. — A thief taken on any one's 
 lands, being one of his own men or tenants, 
 found in possession of the thing stolen ; 
 (latro captus in terrd alicujus, de hominibus 
 suis propriis segsitus latrocinio.) Bract, 
 fol. 164 b. 2 Reeves' Hist. Fng. Law, 40. 
 
 The privilege or liberty anciently granted 
 to lords of certain' manors, to try such of- 
 fenders. Id. ibid. Cowell. LL. Gul. 
 Conq. 1. 3, note. 
 
 INFANS. Lat. [from in, priv. and 
 fans, speaking.] In the civil law. A child 
 under the age of seven years ; so called 
 quasi impos fandi, (as not having the fac- 
 ulty of speech.) Cod. Theodos. 8. 18. 8. 
 
INF 
 
 (73) 
 
 INF 
 
 God. 6. 30. 18. Dig. 36. 1. 65. 3. 1 
 Maekeld. Civ. Law, 136, § 126. Tayl. 
 Civ. Law, 258, 259. 4 Bl. Com. 22. 
 
 Infans non multum afurioso diktat. An 
 infant is not far removed from [not very 
 unlike] a madman. Inst. . 3. 20. 9. 1 
 Story's Eq. Jur. §§ 223, 242. 
 
 INFANT, [from Lat. infans, q. v.] A 
 person within age, not of age, or not of full 
 age ; a person under the age of twenty-one 
 years; a minor. Co. Litt. 171 b. 1 Bl. 
 Com. 463—466. 2 ITent's Com. 233. 1 
 Story's Hg. Jur. § 240. See Jffe, Full 
 age. 
 
 INFANTIA. Lat. [from infans, q. v.] 
 In the civil law. The age from birth till 
 the completion of seven years. 4 Bl. Com. 
 22. Calv. Lex. Heinecc. Elem. Jur. Civ. 
 lib. ], tit. 21, §247. 
 
 INFANTICIDE. In medical jurispru- 
 dence. Themurder of a newly bom infant. 
 See Whart. and Stilk's Med. Jur. § 356. 
 
 INFEFT. In Scotch law. To give seisin 
 or possession of lands; to invest, or en- 
 feoff. 1 £dm£s' Equity, 215. See Infeft- 
 
 Tflf€Tlt 
 
 INFEFTMENT. In old Scotch law. 
 Investiture or infeudation, including both 
 charter and seisin. 1 Forhes' Inst, part 2, 
 p. 110. 
 
 In later law. Sasine, or the instrument 
 of possession. BeWs Diet. 
 
 INFENSARE CURIAM. L. Lat. An 
 expression applied to a court when it sug- 
 gested to an advocate something which he 
 had omitted through mistake or ignorance. 
 Spelman. Spelman gives no translation 
 of the word infensare. The phrase strongly 
 resembles the old Scotch expression, " to 
 fence a court," and may possibly have the 
 same meaning. 
 
 INFEODAEE, Infeudare: L. Lat. 
 [from in, and feodum, a fee.] To confer or 
 bestow a fief, feud, or fee ; to enfeoff; to 
 give seisin of lands. Spelman. 2Bl.Com. 
 310. 
 
 INFEOFF. See Enfeof. 
 
 INFERENCE. In the law of evidence. 
 A process of reasoning, by which one fact 
 is deduced from another; the process 
 by which a fact sought to be proved is de- 
 duced from one or more other facts proved. 
 Burr. Circ. Evid. 5, 146. 
 
 The conclusion arrived at by such pro- 
 cess. Id. 25. See Presumption. 
 
 INFERENDA. L. Lat. In old Euro- 
 pean law. A tribute paid annually. Spel- 
 man. 
 
 INFERENTIAL. In the law of evi- 
 dence. Operating in the way of inference ; 
 argumentative. Presumptive evidence is 
 sometimes termed inferential. Gibson, C. 
 J. 4 Barr's B. 272. 
 
 INFICIARI, Infitiari. Lat. In the 
 civil law. To deny; to deny one's liar 
 bility ; to refuse to pay a debt or restore a 
 pledge ; to deny the allegation of a plain- 
 tiff; to deny the charge of an accuser. 
 Calv. Lex. 
 
 INFICIATIO. Lat. [from infieiari, 
 q. v.] In the civil law. Denial ; the de- 
 nial of a debt or liability ; the denial of the 
 claim or allegation of a party plaintiff. 
 Calv. Lex. 
 
 INFICIATOR, Infitiator. Lat. [from 
 infieiari, q. v.] One who denies ; one who 
 denies that he owes what a plaintiff claims, 
 or has committed what an accuser charges. 
 Nonius. Calv. Lex. 
 
 INFIDELIS. Lat. [from in, priv. and 
 fidelis, faithful.] In old English law. An 
 infidel, or heathen. Inter infideles covr- 
 numerare ; to reckon among infidels; to 
 excommunicate. Cornell. 
 
 In feudal law. An unfaithful, or faith- 
 less person ; one who violated his oath of 
 fidelity or fealty. Capitul. Caroli, lib. 4, 
 tit. 34. Spelman. 
 
 INFIDELITAS. Lat. In feudal law. 
 Infidelity; faithlessness to one's feudal 
 oath. Spelman. 
 
 INFIDUCIARE. L. Lat. In old Eu- 
 ropean law. To pledge property. LL. 
 Longoh. lib. 2, tit. 29, 1. 2. Spelman. 
 
 INFIHT. Sax. An assault made on 
 a person inhabiting the same dwelling. 
 Wharton's Lex. 
 
 INFINITUM. Lat. [from in, priv. and 
 finis, end.] Without end or limit ; unlimit- 
 ed; undefined. 
 
 Infinitum in jure reprobatnr. That 
 which is endless is reprobated in law. 12 
 Co. 24. Applied to litigation. Id. ibid. 
 
 INFIRMARE. Lat. [from in, priv. and 
 firmus, strong.] To invalidate ; to deprive 
 of strength or force. Quibus modis testa- 
 menta infirmantur ; in what ways wills are 
 invalidated. Inst. 2. 17. 
 
 INFIRMATIVE. In the law of evi- 
 dence. , Having the quality of diminishing 
 force; having a tendency to weaken or 
 render infirm. This word was first intro- 
 duced into the law of evidence by Mr. 
 Bentham, and has been generally adopted 
 by other writers. 3 Brnth. Jud, Ev, 14. 
 BestonFres. §217. 
 
INF 
 
 (74) 
 
 INF 
 
 INFIRMATIVE CONSIDERATION. 
 In the law of evidence. A consideration, 
 supposition or hypothesis of which the cri- 
 minative facts of a case admit, and which 
 tends to weaken the inference or presump- 
 tion of guilt deducible from them. Burr. 
 Cire. Hvid. 153—155. 
 
 INFIRMATIVE FACT. In the law of 
 evidence. A fact set up, proved or even 
 supposed, in opposition to the criminative 
 facts of a case, the tendency of which is to 
 weaken the force of the inference of guilt 
 deducible from them. 3 Benth. Jud. Ev. 
 14. Best on Pres. § 217, eif seq. Burr. 
 Circ. Ev. 154. Otherwise called an excul- 
 patory fact. Id. 536 — 580. 
 
 INFIRMATIVE HYPOTHESIS. In 
 the law of evidence. An hypothesis or 
 theory upon which the criminative facts of 
 a case may be explained consistently with 
 the idea or supposition of the prisoner's in- 
 nocence. Burr. (7irc. ^otW. 153, 183, 184, 
 186, 188—192. 
 
 INFISCARI. L. Lat. [from in, into, 
 and fiscus, treasury.] In old European 
 law. To be adjudged to the exchequer, 
 (fisco adjudicari ;) to be seized for the 
 public treasury, (injiscum rapi ;) to be con- 
 fiscated. Spelman. 
 
 INFORMATION. A process or pro- 
 ceeding in behalf of the crown, or 
 (in American law) the people, used 
 both as a criminal prosecution and a 
 civil remedy; and so termed, because 
 founded upon information given or sup- 
 posed to be given by the attorney-gene- 
 ral, or other proper law officer of the 
 government. 
 
 A criminal information is an accusation 
 exhibited against a defendant for some 
 criminal offence, not (like an indictment,) 
 upon the oath of jurors, but on the sug- 
 gestion or information, and at the discre- 
 tion of an officer empowered to exhibit it.* 
 Cole on Informations, 1. Brande. 4 Bl. 
 Com. 307, 308. Whartm^s Am. Grim. 
 Law, § 213. 
 
 Civil informations include informations in 
 chancery, and in the court of exchequer, 
 and informations in the nature of a writ of 
 Quo warranto, the latter being most com- 
 monly used as private remedies to try the 
 right to an office or franchise. 3 Bl. Com. 
 261, 262. 4 Steph. Com. 3"4, 48. 3 Id. 
 689, 691, United States Digest, Informa- 
 tion. See Quo warranto. 
 
 INFORMATOR. L.Lat. An informer. 
 Spelman. See Informer. 
 
 INFORMATUS. L. Lat. Informed. 
 See If^on sum infarmatus. 
 
 INFORMER. [L. Lat. informator ; 
 Lat. delator.^ One who informs against 
 another for the violation of some penal 
 statute ; one who gives information upon 
 which another may be prosecuted for the 
 violation of some penal statute. See Com- 
 mon informer. Qui tam. Called, also, in 
 old law, promoter. 
 
 INFORTIARE. L. Lat. [from Fr. en- 
 forcer."] To strengthen or fortSy. Spelman. 
 
 To add to, increase, or enlarge. The 
 same with afforciare, (q. v.) 
 
 INFORTIATUM. L. Lat. [from ivr 
 fortiare, to enlarge.] The name given by 
 the glossators to the second of the three 
 parts or volumes into which the Pandects 
 were divided. The glossators at Bologna 
 had at first only two parts, the first called 
 Digestum Vetus, (the old Digest,) and the 
 last, called Digestum Novum, (the new 
 Digest.) When they afterwards received 
 the middle or second part, they separated 
 from the Digestum Novum the beginning 
 it had then, and added it to the second 
 part, from which enlargement the latter 
 received the name Infortiatum. 1 Mackeld. 
 Civ. Law, 91, § 100. 
 
 INFORTUNIUM. Lat. [from in, priv. 
 tmdfortuna, fortune.] In old English law. 
 Misfortune ; misadventure ; mischance. 
 Fleta, lib. 1, c. 31, § 3. See Homicide 
 per infortunium. 
 
 INFRA. Lat. and L. Lat. Below; 
 under ; underneath. This is the strict and 
 proper meaning of the word, the correla- 
 tive word being supra, above. Prima 
 gradu est supra, pater, mater ; infra, filius, 
 filia. Secundo gradu, supra, avus, avia ; 
 infra, nepos, neptis. In the first degree 
 above, is father, mother; below, son, 
 daughter. In the second degree above, 
 grandfather, grandmother; below, grand- 
 son, granddaughter. Inst. 3. 6. 1. See 
 Id. 3. 6. 2, 3, 4. Dig. 38. 10. 1. 3, 4. 
 This meaning is preserved in the phrase 
 infra cetatem, (q. v.) 
 
 Within. — This is the ordinary, but (in 
 most of its applications,) improper mean- 
 ing of the word, as appears iu the com- 
 mon phrases, infra corpus comitat'tbs, infra 
 prcBsidia, infra guatuor maria, and the 
 like. The proper word in these expres- 
 sions, as Mr. Hawrave has observed, is in- 
 tra, and hence Grotius is classically cor- 
 rect in using intra prcesidia, (q. v.) Hargr. 
 Co. Litt. Note 115, lib. 2. 
 
INF 
 
 (T5) 
 
 INF 
 
 *:/* The use of infra, (below,) in the 
 sense and place of intra, (within,) is a cor- 
 ruption of very ancient date. Blackstone, 
 indeed, quotes the phrase infra annum 
 luMs, (within the year of mourning,) as 
 used in the civil law. Cod. 5. 9. 2. 1 
 £1. Com. 457. But in the latest dossed 
 edition of the Corpus Juris Civilis, (Lyons, 
 1627,) the reading in the constitution here 
 referred to, and also in the preceding one, 
 is intra, and intra is also used throughout 
 the glosses. See Infra annum luctus. 
 In the codes of the barbarous nations, (the 
 Franks, Lombards, Bavarians and others,) 
 the corruption very distinctly appears, so 
 intermixed, however, with the genuine 
 word as to show that it had not even then 
 become confirmed. Intra capsum; within 
 the chest. LL. Longoh. lib. 1, tit. 7, 1. 9. 
 Infra capsum. Id. ib. tit. 8, L 14. Intra 
 capsum. Id. ib. 1. 20. Ab infra; from 
 within. Id. lib. 1, tit. 19, L 10. Intra 
 placitum ; within the court. X. Salic, tit. 
 49. Infra placitum. Id. tit. 72, § 1. 
 Infra curtem ; within the court. I. Bai- 
 war. tit. 13, § 2. The same improper and 
 unsettled use of infra occurs in the collec- 
 tion of forest law attributed to Canute. 
 Infra septa; within the enclosures. §27. 
 Infra limites. Id. ibid. Inter sepia. Id. 
 ib. Infra septa: Id. § 31. Intra septa. 
 Id. § 33. After the Conquest, infra seems 
 to have entirely supplanted intra, both in 
 English and Scotch law. Infra maneria ; 
 within the manors. Beg. Orig. 10 b. 
 Infra libertates vel extra ; within liberties 
 or without. Id. 24 b. Infra regnum ; 
 within the realm. Id. 25. Infra listas; 
 within the lists. Magna Charta, 9 Hen. 
 III. c. 25. Infra annum; within a year. 
 Bract, fol. 7. Infra furorem ; during mad- 
 ness. Id. fol. 19 b. Infra pallacium ; 
 within the palace. Mem. in Scacc. H. 22 
 Edw. I. Infra comitatum vel extra ; with- 
 in a county or without. Bract, fol. 352 b. 
 Infra metas et divisas ; within the metes 
 and bounds. Chart. Bob. I. Banulpho 
 Com. Morav. Infra regnum. Id. Chart. 
 Jac. Bob. Dom. Seytoun. 
 
 This singular use of so common a pre- 
 position as infra perhaps originated in the 
 circumstance that the characteristic mean- 
 ings of infra and intra were, in certain ap- 
 plications, identical. Thus, to be below 
 (infra) a certain number, and to be within 
 (intra) it, were expressions conveying the 
 same idea ; just as, in English, the words 
 " under" and " within" are constantly used 
 
 as synonymous in expressing periods of 
 time, as in the phrases "under a year," 
 " within a year," &c. 
 
 The expression "underage," (the correct 
 literal translation of infra mtatem,) indeed, 
 is of more common occurrence than " with- 
 in age." But the use of infra in the sense 
 of intra, as expressive of place, is an un- 
 doubted barbarism. 
 
 INFRA JETATEM. Lat. [L. Fr. deins 
 age.'\ Below or under age ; within age. 
 Bract, fol. 19 b. In Magna Charta, (9 
 Hen. III. cc. 3, 4,) and the statute of 
 Merton, (c. 22,) this phrase is written in- 
 fra etatem. 
 
 INFRA ANNOS NUBILES. L. Lat. 
 Under or within marriageable years ; not 
 of a marriageable age. 6 Co. 22, Ambrosia 
 Gorge's case. Hale's Anal. sect. xiv. 
 
 INFRA ANNUM. L. Lat. Under or 
 within a year. Bract. foL 7. 
 
 INFRA ANNUM LUCTUS. Lat. 
 Within the year of mourning. This 
 phrase is quoted by Blackstone from the 
 civil law. Cod. 5. 9. 2. 1 Bl. Com. 457. 
 But the constitution referred to, contains 
 only the phrase intra anni spatium. In 
 the constitution immediately preceding, or 
 rather the extract from the Authentics ap- 
 pended to it, the phrase intra luct&s tem- 
 pus occurs. See Infra. 
 
 INFRA BRACHIA. L. Lat. [L. Fr. 
 entre ses bras.J^ Within her arms. A term 
 anciently used to denote a husband not 
 only de jure, but de facto. Stat. Glocest. 
 c. 9. 2 Inst. 317. Lord Coke observes that 
 infra has here the sense of inter. Id. ibid. 
 Bracton and Fleta have inter brachia. 
 Bract, fol. 148 b. Fleta, lib. 1, c. 35. 
 
 INFR4 CIVITATEM. L. Lat. With- 
 in the state. 1 Campb. 23, 24. 
 
 INFRA CORPUS COMITATUS. L. 
 Lat. Within the body of a county. A 
 term applied to waters over which the ad- 
 miralty has no jurisdiction. 1 Kenfs Com. 
 366, 367 note. Molloy, de Jur. Marit. 
 231. In the case of Waring et al. v. 
 Clarke, the Supreme Court of the United 
 States held, that the admiralty jurisdiction 
 of the courts of the United States, in cases 
 of tort or collision, extends to tide-waters, 
 as far as the tide flows, though that may be 
 infra corpus comitaiits. 5 Howard^ a B. 
 441. Wayne, J. Id. 451, 452, 464. And 
 see 20 Howard's B. 296. 
 
 INFRA DIGNITATEM CURI^. L. 
 Lat. Beneath the dignity of the court. 
 3 Burr. 1592. A term applied to cases 
 
INF 
 
 (76) 
 
 ING 
 
 where a suit is too trifling in amount or in 
 character to be entertained by a court. 1 
 Qhitt. Gen. Pr. 823, note. 
 
 INFRA FUROREM. L. Lat. During 
 madness ; while in a state of insanity. 
 Bract, fol. 19 b. FUta, lib. 3, c. 9, § 17. 
 
 INFRA GILD AM. L. Lat. Within 
 a gild, or guild. Reg. Orig. 219 b. 
 
 INFRA HOSPITIUM.:L. Lat. With- 
 in an inn; within the 'inn. Reg. Orig. 
 105. 8 Co. 32, Calye's case. 1 Smith's 
 Lead. Cos. 4:1. 2 Kenfs Com. 593. Story 
 on Bailm. § 478. ■ 
 
 The use of this phrase seems to have 
 originated in Calye's case. The phrase 
 itself is taken from the Register. 
 
 INFRA JURISDICTIONEM. L. Lat. 
 Within the jurisdiction. 2 Stra. 827. 
 Latch, 214. 
 
 INFRA METAS. L. Lat. Within the 
 bounds or limits. Infra metas forestm ; 
 within the bounds of the forest. Fleta,\\\). 2, 
 c. 41, § 12. Infra metas hospitii ; within 
 the limits of the household; within the 
 verge. Id. lib. 2, c. 2, §2. 
 
 INFRA LIGE ANTIAM REGIS. L. Lat. 
 Within the king's ligeance. Comb. 212. 
 
 INFRA PR^SIDIA. Lat. Within 
 the guards or fortified places ; in a place 
 of safe custody or protection. Molloy, de 
 Jur. Mar. 9. 1 Rob. Adm. R. 139. 1 
 Kenfs Com. 102, 173. Applied to pro- 
 perty captured in war and carried within 
 the enemy's defences, out of all probable 
 hopes of recovery. 
 
 Infra, in this expression, should un- 
 doubtedly be intra, as Grotius uses it. 
 Res quae intra prsesidia perductce nondum 
 sunt, quanquam ab hostibus occupatce, ideo 
 postliminii non egent, quia domjnwm non- 
 dum mutarUnt ex gentium jure ; things 
 which have not been carried intra prcesidia, 
 though taken possession of by the enemy, 
 do not need the right of postliminy, be- 
 cause they have not yet changed their 
 owner according to the law of nations. 
 Grot, de Jur. Belli, lib. 3, c. 9, § 16. See 
 Id. lib. 3, c. 6, § 3. The phrase itself is 
 taken from the Roman law o{ postliminium, 
 in which intra prcesidia' is -.distinctly and 
 repeatedly used. Dig. 49. 15. 3. 1. In- 
 tra prcesidia is also the form used by 
 Blackstone, and in several .reported cases. 
 2 Bl. Com. 402. 2 Stra: 1250. 
 
 INFRA QUATUOR MARIA. L. Lat. 
 Within the four seas. Litt. sect. 157. 
 Within the kingdom of England, and the 
 dominions of the same kingdom. Co. Litt. 
 
 107 a. In regno, infra quatuor maria. 
 Bract, fol. 437. In Anglia, infra quatuor 
 mdria. Fleta, lib. 6, c. 54, § 6. "Ac- 
 cording to classical style," as Mr. Hargrave 
 has observed, " this phrase ought to be iw- 
 tra quatuor maria." Harg. Co. Litt. 
 Note 115, lib. 2. See Infra. 
 
 INFRA QUATUOR PARIETES. L. 
 Lat. Within four walls. 2 Crabb's Real 
 Prop. 106, § 1089. Fleta has inUr in- 
 stead of infra. Lib. 6, c. 55, § 4. 
 
 INFRA REGNUM. L. Lat. Within 
 the realm. Reg. Grig. 25. 
 
 INFRA TEMPUS SEMESTRE. L. 
 Lat. Within six months, {infra sex men- 
 ses.) Stat. Westm. 2, c. 5. 2 Inst. 361, 
 2 Reeves' Hist. Eng. Law, 195. 3 Bl. 
 Com. 249. 
 
 INFRA TRIDUUM. L. Lat. Within 
 three days. Formal words in old appeals. 
 Fleta, lib. 1, c. 31, § 6 ; c. 35, § 3. 
 
 INFRA VIRGAM. L. Lat. Within 
 the verge. 10 Co. 65. Properly, infra 
 virqatam. Fleta, lib. 2, c. 3, § 2. 
 
 INGAGEMENT. An old form of en- 
 gagement. 1 Rep. in Ch. 59. 
 
 INGEN, Ingene, Fn'gin. L. -Fr. De- 
 ceit ; fraud ; wrong. Kelham. 
 
 INGENIUM. pv.mgin.'] In old Eu- 
 ropean law. Artifice ; trick ; fraud. Greg. 
 Turon. lib. 6, c. 22. Spelman. 
 
 An engine, machine or device. Flor. 
 Wigorn. Contin. A. D. 1138. Fleta, lib. 
 2, c. 41, § 21. Spelman. 
 
 INGENUUS. L.Lat. In oldEuropean 
 law. A freeman ; a free and lawful man ; 
 a yeoman. Spelman. 
 
 In the civil law. One who is free from 
 the moment of his birth ; (qui statim ut 
 natus est, liber est.) Inst. 1. 4, pr. One 
 who is born in marriage of parents who 
 are both free or both freed, {sive ex duobus 
 ingenuis, sive ex libertinis duobus ;) or of 
 parents, one free, the other freed, {sive ex 
 .altera lik^rtino, et altero ingenuo.) Id. ibid. 
 One who is born of a free mother. Id. 
 ibid. Big. 1. 5. 5. 2. Calv. Lex. Spel- 
 man. Fleta, lib. 1, c. 4. 
 
 INGENUITAS REGNL L. Lat. In 
 old English law. The freemen, yeomanry 
 or commonalty of the kingdom. Cowell. 
 Applied sometimes also to the barons. Id. 
 
 INGRESS, [from Lat. ingressus, q. v.] 
 Entry; a going into or upon. Ingress, 
 egress and regress ; entry, exit and return. 
 Words frequently used to express the right 
 of a party to go into or upon, to go out of 
 or off, and to go back or return to lands. 
 
INH 
 
 (77) 
 
 INI 
 
 INGRESSUS. Lat. [from ingredi, to 
 enter.] In old English law. Ingress; 
 entry. The relief paid by an heir to the 
 lord was sometimes so called. Cowell. 
 
 INGRESSUS ET EGRESSUS. L. 
 Lat. In old English law. Ingress and 
 egress ; liberty of going into, and out of 
 land. Et quod habeant liberum ingressum 
 et egressum ; and that they shall have free 
 ingress and egress. Stat. Merton, c. 4. 
 Fleta, lib. 4, c. 18, § 1. 
 
 IN6R0SS. An old form of engross, 
 following the orthography of ingrossare, 
 (q. V.) Cowell. Blount. 
 
 INGROSSARE. L. Lat. [from in, and 
 grossus, large.] In old English law. To 
 obtain in large quantities ; to get the 
 whole ; to engross. Spelman. See Engross. 
 
 To write in a large, or court hand, (/o- 
 rensi charactered Id. 
 
 INGROSSATOR. L. Lat. [from jV 
 grossare, q. v.] An . engrosser. Ingrossa- 
 tor magni rotulij ingrosser of the great 
 roU ; afterwards called clerk of the pipe. 
 Spelman. Cowell. 
 
 INGROSSER. An old form oi engrosser, 
 used by Cowell and Blount. See Ingross. 
 
 INHABITANT. [La.t. inhabitans,fiom 
 inhabitare, from in, in, and habifare, to 
 dwell.] A dweller in a place ; a resident. 
 One who dwells or resides permanently in 
 a place. Webster. One who has a fixed 
 and permanent abode in a place. A resi- 
 dent and inhabitant mean the same thing. 
 2 Kent's Com. 430, 431, note. 20 Johns. 
 B. 208. Walworth, C. 8 WendeWs B. 
 140. But citizen and inhabitant are not 
 synonymous. 12 Peters' B. 319, 329, 
 Barbour, J. The Lat. habitare, the root of 
 this word, imports by its very construction, 
 frequency, constancy, permanency, habit, 
 closeness of connection, attachment both 
 physical and moral, arid the wordm serves 
 to give additional force to these senses. 
 
 INHERIT. [L.Fr. enheriter.] To take 
 by inheritance; to take as heir, on the 
 death of the ancestor. " To inherit to" a 
 person, (from the Fr. enheriter al,) is a 
 common expression in the books. 3 Co. 
 41. 2 Bl. Com. 254, 255. See Inheri- 
 tance, Enheriter. 
 
 INHERITABLE BLOOD. In the law 
 of descent. Blood which has an inherita- 
 ble quality ; blood which gives to the per- 
 son who has it the character of heir; or 
 which may be the medium of transmitting 
 an estate of inheritance.* 2 Bl. Com. 
 254, 255. 1 Steph. Com. 402. 4 Kent's 
 
 Com. 413, 424. An illegitimate child has 
 not inheritable blood. Id. 413. 
 
 INHERITANCE. [La,t. hasreditas.] An 
 estate in things real, descending to the 
 heir. 2 Bl. Com. 201. — Such an estate in 
 lands or tenements, or other things, as may 
 be inherited by the hieir. Termes de la 
 Ley. — ^An estate which a man has by de- 
 scent; as heir to another, or which (whether 
 acquired by descent or purchase) he may 
 transmit to another, as his heir.* lAit. 
 sect. 9. — ^A perpetuity in lands or tene- 
 ments, to a man and his heirs. Cowell. 
 Blount. See Hwredita^. 
 
 INHERITANCE ACT. The English 
 statute 3 & 4 Will. IV. c. 106, by which 
 the law of inheritance, or descent, has been 
 considerably modified. 1 Steph. Com. 359, 
 500. 
 
 INHIBITION. [Lat. inhibitio, from 
 inhibere, to forbid, or restrain.] In Eng- 
 lish ecclesiastical law. A writ issuing out 
 of a higher court christian, to forbid an in- 
 ferior judge from further proceeding in a 
 cause before him. Stat. 24 Hen. VIII. c. 
 13. <Sto. 15 Car. n.c. 9. Blmnt. Shelf. 
 Man: <& Div. 559. Analogous to the 
 writ of prohibition, with which it is some- 
 times confounded. J". JV. B. 39. 
 
 In Scotch law. A species of diligence 
 or process by which a debtor is prohibited 
 from contracting any debt which may be- 
 come a burden on his heritable property, in 
 competition with the creditor at whose in- 
 stance the inhibition is taken out; and 
 from granting any deed of alienation, &c. 
 to the prejudice of the creditor. Brande. 
 
 A writ to prevent credit from being 
 given to a man's wife, at the creditor's 
 peril Id. See Bell's Diet. 
 
 INHOC, Inhoke. Sax. [L. Lat. in- 
 hokiumi] In old records. A nook or cor- 
 ner of a common or fallow field, enclosed 
 and cultivated. Kennett's Far. Ant. 297, 
 298. Cowell. 
 
 INHONESTUS. Lat. In old English 
 law. Unseemly ; not in due order. Fkia, 
 lib. 1, c. 31, § 8. 
 
 INIQUITY. In Scotch practice. A 
 technical expression applied to the decision 
 of an inferior judge who has decided con- 
 trary to law; he is said to have committed 
 iniquity. Id. BelVs Diet. 
 
 INIQUUM. Lat. [from in, priv. and 
 wguum, even, equal, right.] Unjust ; un- 
 equal; inequitable; not right. Iniquum 
 est alios permittere, alios inhibere mercatu- 
 ram. It is unjust to permit trade to some. 
 
INI 
 
 (78) 
 
 INJ 
 
 and to inhibit it to others. 3 Inst. 181, 
 in marg. 
 
 Iniquam est aliqnem rei m esse jndicein. 
 
 It is wrong for a man to be a judge in his 
 own cause. BrancKs Pr. 12 Co. 113. 
 
 Inj propria causa nemo jndex, No one 
 
 should be judge in his own cause. Id. 
 ibid. 
 
 Iniqnum est ingenuis hominibus non esse 
 liberam reram saariim alienationem. It is 
 
 unjust that freemen should not have the 
 free disposal of their own property. Co. 
 lAtt.223a,. Hob.Bl. 4: Kent's Com. 1^1. 
 
 INITIAL, [from Lat. initium, a begin- 
 ning.] That which begins, or stands at the 
 beginning. Initials is now a common word, 
 denoting the first letters of a name or 
 names. A party may bind himself by sign- 
 ing a written instrument with his initials, 
 as effectually as by signing his name in full. 
 1 Benio's B. 471, 
 
 An initial letter, between the christian 
 and surname, is no part of the name. 4 
 Watt's R. 329. 1 HilVs (N. Y.) B. 102. 
 14 Barbour's B. 261. The initials of a 
 middle name are, in law, no part of the 
 name ; and ,the omission or mis-statement 
 of them will be no ground of objection. 26 
 Vermont R. 599. 8 Foster's (N. H.) B. 
 561. 8 Texas R. 376. 14 Id. 402. 
 
 INITIALIA TESTIMONII. L. Lat. 
 In Scotch law. Preliminaries of testimony. 
 The preliminary examination of a witness, 
 before examining him in chief, answering 
 to the voir dire of the English law, though 
 taking a somewhat wider range. Whar- 
 ton! s Lex. BelVs Diet. See In initialibus. 
 
 INITIATE, [from initium, a beginning.] 
 Begun. A term applied to a tenant by 
 the curtesy, on the birth of a child, be- 
 cause his estate then begins, though it is not 
 consummate or complete till the death of 
 the wife. See Consummate. A term de- 
 rived from the feudal law, according to 
 which, as soon as a child of a woman 
 seised of lands was born, the father began 
 to have a permanent interest in the lands, 
 he became one of the pares curtis, (peers 
 of the court,) did homage to the lord, and 
 was called tenant by the curtesy initiate, 2 
 Bl. Com. 127. 
 
 INITIUM. Lat. [from inire, to enter 
 upon.] A, or the beginning ; the origin, 
 cause or foundation of a thing, act or con- 
 tract. See Ab initio. 
 
 Hoc servabitar quod initio convenit, legem 
 enim contractus dedit. That should be sus- 
 tained which was originally agreed to, for 
 
 it has given law to the contract. Dig. SO. 
 17.23. See Principium. 
 
 INJECTURE. L, Fr. A laying on. 
 Injeciure h mains; laying hands on. 
 Kelham. 
 
 INJUNCTION. [Lat. injunctio, from 
 injungere, to enjoin or command.] In prac- 
 tice. A prohibitory writ, granted by a 
 court of equity, (in the nature of an inter- 
 dictum, in the civil law,) and which may 
 be obtained in a variety of cases, to restrain 
 the adverse party in the suit from com- 
 mitting any acts in violation of the plain- 
 tiff's rights ; as, to stay proceedings at law, 
 to restrain the negotiation of notes and 
 other securities, to restrain from commit- 
 ting waste or nuisance, or from infringing a 
 patent or copyright.* 4 Steph. Com. 12. 
 3 Bl. Com. 442. Drewry on Injunctions. 
 More generally described as "a judicial 
 process whereby a party is required to do 
 a particular thing, or refrain from doing a 
 particular thing, according to the exigency 
 of the writ." 2 Story's Eq. Jur. § 861. 
 See 3 DanielVs Ch. Pr. 1809, et seq. 
 (Perkin's ed.) 
 
 INJURIA. Lat. [from in, priv. and 
 jus, right.] Injury ; wrong ; the privation 
 or violation of right. 3 Bl. Com. 2. In- 
 juria est quicquid non jure fit ; injury is 
 whatever is not done rightfully. Bract. 
 fol. 155. Id. fol. 45 b, 101. Mt injuria 
 omne illud quod non est jus; wrong is 
 everything that is not right. Id. fol. 378. 
 Est injuria omne quod non jure fit. Fleta, 
 lib. 2, c. 1, § 1. These definitions are from 
 the civil law. See infra. Non omne dam- 
 num inducit injuriam, sed e contra, injuria 
 damnum; every loss does not work an 
 injury, but, on the contrary, every injury 
 produces a loss. Bract. foL 45 b. There 
 may, however, be injuria sine damno. 
 Story, J. 3 Sumner's R. 189, 192. See 
 Damnum. 
 
 Injuria non prssumitar. Injury is not 
 
 presumed. Co. Lift. 232. Cruel, oppres- 
 sive or tortious conduct will not be pre- 
 sumed. Best ore Evid. 336, ^ 298. 
 
 Injuria propria non cadet in beneficinm 
 
 facientis. One's own wrong shall not fall 
 to the advantage of him that does it. A 
 man will not be allowed to derive benefit 
 from his own wrongful act. Branch's Princ. 
 INJURIA. Lat. In the civil law. In 
 a general sense, — every thing that is not 
 done rightfully ; ( generaliter dicitur onme 
 quod non jure fit.) Inst. 4. 4, pr. Dig. 
 47. 10. 1, pr. 
 
INL 
 
 (79) 
 
 INL 
 
 In a special sense, — contumely or insult ; 
 (c(mtumelia, Gr. ti/Spts.) Icl. ibid. 
 
 Fault, {culpa, Gr. iSUrifia.) Id. ibid. 
 
 Iniquity, {iniquitas, dvojtta. ;) or injustice, 
 {inpbsticia, Gr. UiKia.) Id. ibid. 
 
 INJURIARE. L. Lat. [from injuria, 
 q. v.] In old English law. To injure. 
 Reg. Orig. l&Oh. Bract. io\. 4:5 h. Inju- 
 riatum ; injured. Fleta, lib. 4, c. 27, § 16. 
 
 INJURIOSUM. L. Lat. {itoxa. injuria, 
 q. v.] In 0I4 English law. Injurious ; 
 wrongful ; that occasions a wrong or injury. 
 Nocumentorum aliudinyxnasaxa. est etdam- 
 nosum, aliud damnosum et non injuriosum ; 
 of nuisances, there is one species which is 
 wrongful and detrimental, another which is 
 simply detrimental, and not wrongful. 
 Bract, fol. 231 b. Injuriosus, in the civil 
 law, is applied to persons. Calv. Lex. 
 
 INJURY, [from Lat. injuria, q. v.] 
 Wrong ; the privation or violation of right. 
 4 Bl. Com. 1—3. See Wrong. 
 
 In ordinary language, this word has ef- 
 fectually usurped the meaning of damnum, 
 (damage,) from which it is so carefully 
 distinguished in law, and is constantly used 
 in cases where no manner of right is con- 
 cerned or invaded. 
 
 INJUSTE. Lat. Unjustly. Questus 
 est nobis talis, quod talis injuste et sine ju- 
 dicio disseysivit talem ; such a one has com- 
 plained to us, that such a one, unjustly and 
 without due process of law, hath disseised 
 such a one. Bract, fol. 205. Fleta, lib. 
 4, c. 12, § 3. A word of common occur- 
 rence in old writs, and extensively com- 
 mented on by Bracton, ub. sup. 
 
 INJU8TUS. Lat. [from in, priv. and 
 yitstes, just, lawful] Unjust; wrong. In- 
 jostum est, nisi tota lege inspecta, de nua 
 aliqua ejus particnla proposita judicare 
 vel respondere. It is wrong to decide or 
 give an answer upon any part of a law with- 
 out examining the whole of it. 8 (7o. 1 1 7 b, 
 Bonham's case. 
 
 INLAGARE. L. Lat. [from in, and 
 Sax. laga, law.] In old English law. To 
 restore to the law, (ad legem restituere.) 
 Fleta, lib. 1, c. 28, § 14. To restore an 
 outlaw or exile to the protection of the 
 law; (ejectum restituere in legis patrocin- 
 ium.) Spelman. The opposite of utla- 
 gare, to outlaw; but the corresponding 
 word inlaw, has not been retained in Eng- 
 lish, though once used in Saxon, and occa- 
 "sionally by early English writers. See In- 
 law, Utlagare, Inlagary. 
 
 INLAGARY. [L. Lat. inlagatio, inla- 
 
 geria ; L. Fr. inlc^erie.] In old English 
 law. A restitution of one outlawed to the 
 protection of the law, or to the benefit or 
 liberty of a subject. Cowell. Blount. 
 Spelman, voc. Inlagare. See Inlagare. 
 The ancient word utlagary, has become the 
 modem outlawry, but inlagary has never 
 undergone a corresponding change into 
 inlawry. 
 
 INLAGATU8. L. Lat. [from inlagare, 
 q. v.] In-law, (Sax. inlagh, inlaughe ;) one 
 who was under law, (sub lege,) that is, under 
 the protection of the law, by being in some 
 frank-pledge or decennary ; (in franco ple- 
 gio sive decenna.) Bract, fol. 125 b. See 
 Inlaughe. 
 
 INLAGHE. Sax. [from in, and lagh, 
 law,] In-law, subject to the law, (subjectus 
 legi.) Fkta, lib. 1, c. 47, § 24. See In- 
 laughe. 
 
 INLAND. Sax. [L. Lat. inlandum, 
 inlanda ; Lat. terra interior.'] In old Eng- 
 lish law. The demesne land of a manor ; 
 that part which lay next, or most conve- 
 nient for the lord's mansion house, as within 
 the view thereof, and which therefore he 
 kept in his own hands for support of his 
 family and hospitality. Kennetfs Gloss. 
 Cowell. Distinguished from outland or ut- 
 land, which was the portion let out to 
 tenants, and sometimes called the tenancy. 
 Spelman. See Demesne. This word is 
 often found in Domesday. 
 
 INLAND. Within a country, state or 
 territory ; within the same country. 
 
 INLAND BILL OF EXCHANGE. In 
 mercantile law. A bill of exchange drawn 
 upon a person residing in the same state or 
 country with the drawer ;* a domestic or 
 intra-territorial bilL Story on Bills, § 22. 
 Distinguished from a foreign bill, (q. v.) 
 See Domestic bill of exchange. 
 
 INLANDTAL, Inlantal. Sax. The 
 same with inland, (q. v.) Cowell. 
 
 INLARGE. An old form of enlarge. 
 Cas. temp. Talh. 25. 
 
 INLAUGHE. Sax. In old English 
 law. Under the law (sub lege,) in a frank- 
 pledge, or decennary. Bract, fol. 125 b. 
 
 IN-LAW. In old English law. To 
 place under the protection of the law. 
 " Swearing obedience to the king in a leet 
 which doth inrlaw the subject." Bacon's 
 Arg. Case of the Postnati of Scotland, 
 Works, iv. 328. 
 
 INLEASED. [from Fr. enlasse:\ In 
 old English law. Entangled, or ensnared. 
 2 Inst. 247. Cornell. Blount. 
 
INN 
 
 (86) 
 
 INN 
 
 INLEGIARE. L. Lat. [from in, in, and 
 lex, law.] In old English law. To re- 
 store to the favor of the law by satisfying 
 its demands ; to make one's self rectus in 
 curia. Cowell. 
 
 INLIGARE. L. Lat. In old European 
 law. To confederate ; to join in a league, 
 (in ligam coire.) Spelman. 
 
 INMATE. A person , who lodges or 
 dwells in the same house with another, 
 occupying different . rooms, but using the 
 same door for passing in and out of the 
 house. Cowell. Webster, Jacob. 
 
 In old English law, this word seems to 
 have been applied almost exclusively to 
 paupers, or persons not able to maintain 
 themselves. Kitch. 45. And it is still 
 constantly used in the modern law of set- 
 tlements. 
 
 INN. [Lat. hospitium.'] A house where 
 the traveller is furnished with every thing 
 he has occasion for, while on his way. 3 
 £. & Aid. 283. — A house for the lodging 
 and entertainment of travellers. Webster. 
 Used ^frequently in the sense of tavern, 
 (q. V.) and held in New-Yort to be synony- 
 mous with that word. ZlIiirsB.150. 2 
 Kent's Com. 595, 597, and note. See 
 United States Digest, Inns and Licensed 
 houses. To constitute a house an inn, in 
 the sense of the common law, it must be a 
 common inn, or diversorium, [commune hos- 
 pitium,'] that is, an inn kept for travellers 
 generally, scad not merely for a short season 
 of the year, and for select persons who are 
 lodgers. Story on Bailm.^ito. 2Kenfs 
 Com. 596. 
 
 INNAMUM, Innama. L. Lat. [from 
 Sax. in, and naman, to take.] In old Eng- 
 lish law. Things taken in, (introcapta ;) 
 animals taken in to feed or pasture. Spel- 
 man. Seee Namium. 
 
 INNATURA.LITAS. L. Lat. In old 
 records. Unnatural usage. Cowell. 
 
 INNAVIGABLE. ' In insurance law. 
 Not navigable. A term applied to a ves- 
 sel when, by a peril of the sea, she ceases 
 to be navigable, by irremediable misfortune. 
 A ship is relatively innavigable when it 
 will require almost as much time and ex- 
 pense to repair her as to build a new one. 
 Emerig. Tr. des. Ass. ch. 12, sect. 38, torn. 
 1, 591—598. 3 Kenfs Com. 323, note. 
 
 INNAVIGABILITY. [Fr. innaviga- 
 bilite.] In insurance law. The condition 
 of being innavigable, (q. v.) The foreign 
 writers distinguish innavigability from 
 shipwreck. 3 KenCs Com. 323, and note. | 
 
 INNIG. L. Fr. June. Kelham. 
 
 INNINGS. In old records. Lands re- 
 covered from the sea, by draining and 
 banking. Cowell. 
 
 INNKEEPER. One who keeps an inn, 
 or house for the accommodation of travel- 
 lers. See Inn. The keeper of a common 
 inn for the lodging and entertainment of 
 travellers and passengers, their horses and 
 attendants, for a reasonable compensation. 
 Bac. Abr. Inns and Innkeepers, 0. Story 
 on Bailm. § 475. One who keeps a tavern 
 or coffee-house in which lodging is pro- 
 vided. 2 Steph. Com. 133. Sometimes 
 called an innholder, and more frequently 
 tavern-keeper, (q. v.) See Guest. As to 
 the responsibility of innkeepers, see 2 
 Kent's Corn. 592—597. 
 
 INNOCENCE. [Lat. innocentia, from 
 m,'not, and nocens, guilty.] In the law of 
 evidence. Freedom from guilt. Every 
 
 person is presumed to be innocent nntii 
 proved to be guilty. Burr. Circ. Mid. 39, 
 58. 
 
 INNOMINATE. [Lat. innominatum, 
 from in, priv. and nominatum, named.] In 
 the civil law. Not named or classed ; be- 
 longing to no specific class ; ra,nking under 
 a general head. A term applied to those 
 contracts for which no certain or precise 
 remedy was appointed, but a general action 
 on the case only. Dig. 2. 1. 4. 7. 2. Id. 
 19. 4 & 5. 
 
 INNONIA. L. Lat. [from Sax. innan, 
 within.] In old English law. A close or 
 enclosure, (clausum, inclausura.) Spelman. 
 
 INNOTESCIMUS. L. Lat. We make 
 known. A term formerly applied to 'let- 
 ters patent, derived from the emphatic 
 word at the conclusion of the Latin forms. 
 It was a species of exemplification of char- 
 ters of feoffment or other instruments not 
 of record. 2 Co. 54 a, Page's case. 
 ■ INNOVATION. In Scotch law. The 
 exchange of one obligation for another, so 
 as to make the second obligation come in 
 the place of the first, and be the only sub- 
 sisting obligation against the debtor. 
 Bell's Diet. The same with novation, 
 (q. V.) Fleta has innovatio m the same 
 sense. Lib. 2, c. 60, § 12. 
 
 INNS OF COURT. [L. Lat. hospitia 
 curice.] The four law societies of the Mid- 
 dle Temple, Inner Temple, Lincoln's Inn, 
 and Gray's Inn, which, in England, possess , 
 the exclusive privilege of conferring the 
 degree of barrister at law. 1 Bl. Com. 23. 
 1 Steph. Com. 19. 
 
INQ 
 
 (81) 
 
 INQ 
 
 INNUENDO. L. Lat. [from inmere, 
 to nod ; to make a sign ; to intimate or 
 signify.] Signifying; meaning. An em- 
 phatic word in the old Latin declarations 
 in actions of slander and libel, Kterally 
 translated, (" meaning,") in the modern 
 forms, and retained as the name of the 
 whole clause in which the application of 
 the slanderous or libellous matter to the 
 plaintiff is explained, or pointed out ; thus, 
 "he (meaninff the said plaintiff,) is per- 
 jured." 1 Chitt. PI. 406, 407. 2 Id. 624, 
 625. See Sob. 2. Id. 6. 1 Ld. Baym. 
 256. Said to mean no more than the 
 words " id est" " scilicet" or " meaning" 
 or " aforesaid" as explanatory of a subject 
 matter sufficiently expressed before; as 
 " such a one, meaning the defendant," or 
 "such a subject, meaning the subject in 
 question." . De Grey, C. J. Coiop. 683. 
 It is only explanatory of some matter 
 already expressed ; it serves to point out 
 where there is precedent matter, but never 
 for a new charge ; it may apply what is 
 already expressed, but cannot add to or en- 
 large, or change the sense of the previous 
 words. 1 Chitt. PI. 407. 
 
 INOFFICIOSUM. Lat. [from in, priv. 
 and ofUcium, duty.] In the civil law. 
 Undutiful ; contrary to, or not in accordance 
 with natural duty, (wow ex officio pietatis.) 
 Inst. 2. 18, pr. Sometimes rendered iw- 
 officious. 1 £1. Com. 448. Testamentum 
 inoffidosum ; an undutiful will ; so called 
 when the testator disinherited or totally 
 passed by a child, without assigning a true 
 and suflBcient reason ; and which the child 
 so disinherited or passed over was allowed 
 to contest, {agere de inofficioso.) Inst. ub. 
 sup. Big. 5. 2. 3, 5. 2 £1. Com. 502, 503. 
 Parents, also, might complain of the will 
 of a child on the same ground. Inst. 2. 
 18. 1. Dig. 5. 2. 1. See Cod. 3. 28. See 
 Querela. 
 
 INOPS CONSILII. Lat. Destitute of 
 counsel ; without, or deprived of the aid 
 of counsel. 2 £1. Com. 1'72. Doderidge, 
 J. Latch, 137. Applied to an American 
 Indian. Harris, J. 4 ComstocKs R. 299. 
 
 INPENY and OUTPENY. In old Eng- 
 lish law. A customary payment of a penny 
 on entering into and going out of a tenan- 
 cy, {^pro exitu de tenura, et pro ingressu.) 
 Spelman. Cowell. 
 
 • INQU^STIO. L. Lat. An inquest, 
 or inquisition. Spelman. 
 
 INQUEST. [L. Lat. ingucestio,inquisi- 
 tio ; from inquirere, to inquire.] In prao- 
 
 VoL. IL 
 
 tice. A judicial inquiry, or examination ; 
 an inquiry into any cause or matter, civil 
 or criminal, by a jury summoned for the 
 purpose. Most commonly applied, in this 
 sense, to the inquiry made by a coroner's 
 jury. See Coroner. 
 
 A jury. 1 Zeow. 109. £elVs Diet. A 
 ,grand jury was formerly sometimes termed 
 the great or grand inquest, and the term is 
 retained in modern practice. See Chrand 
 jury. 
 
 The finding of a jury in a civil case, ex 
 parte, that is, where the opposite party does 
 not appear at the trial. The counsel who 
 tates a verdict in such a case is said to 
 take an inquest. 
 
 INQUEST OF OFFICE. [L. Lat. in- 
 quisitio ex officio.^ In English practice. 
 An inquiry made by the king's (or queen's) 
 officer, his sheriff, coroner or escheator, 
 virtute officii, or by writ sent to them for 
 that purpose, or by commissioners specially 
 appointed, concerning any matter that en- 
 titles the king to the possession of lands or 
 tenements, goods or chattels ; as to inquire 
 whether the king's tenant for life died 
 seised, whereby the Reversion accrues to the 
 king ; whether A. who held immediately 
 of" the crown, died without heir, in which 
 case the lands belong to the king by escheat ; 
 whether B. be attainted of treason, where- 
 by his estate is forfeited to the crown; 
 whether C. who has purchased land, be an 
 alien, which is another cause of forfeiture, 
 (fee. 3 £1. Com. 358. 4 Id. 301. These 
 inquests of office were more frequently in 
 practice during the continuance of the 
 military tenures, than at present ; and were 
 devised by law as an authentic means to 
 give the king his right by solemn matter 
 of record. 3 Id. 258, 259. 4 Steph. Com. 
 40, 41. Sometimes simply termed office, 
 as in the phrase " office found," (q. v.) As 
 to inquests of office in American law, see 
 7 CrancKs R. 603. 
 
 INQUILINUS. Lat. [from incolere, to 
 inhabit.] In the civil law. The hirer of 
 a house in a city ; one who lived in a hired 
 house in a city ; a city tenant, as colonus 
 was a country tenant.* Heinecc. Elem. Jur. 
 Civ. lib. 3, tit. 25, § 916,note. Dig. 1. 8. 2. 1 . 
 Id. 7. 8. 4, pr. £ract. fol. 42 b. Calv. Lex. 
 
 INQUIRY, Writ of. [L. Lat. breve de 
 inquirendo.'] In practice. A judicial writ 
 issued in certain actions at law, where a 
 defendant has suffered judgment to pass 
 against him by default, for the purpose of 
 ascertaining and assessing the plaintiff's 
 6 
 
INR 
 
 (82) 
 
 ms 
 
 damages, in cases where they are not as- 
 certained nor ascertainable by mere calcu- 
 lation. It is directed to the sheriff of the 
 county in which the venue of the action is 
 laid, reciting the former proceedings and 
 the judgment thereon that the plaintiff 
 ought to recover his damages (indefinitely ;) 
 " but because it is unknown what damages 
 the plaintiff has sustained by means of the 
 premises," commanding the sheriff, that, 
 by the oath of twelve good and lawful men 
 of his county, he diligently inquire the same, 
 and return the inquisition which he shall 
 thereupon take into court. 3 Bl. Com. 
 398. 3 Steph. Com. 635. 1 Tidd's Pr. 
 580,581. % Archh. Pr. 38, 39. CUU. 
 Arch. Pr. lOl. 1 Burr. Pr. Zl1, 378. 
 
 In execution of this writ, the sheriff, by 
 his under sheriff, sits as judge, and tries hy 
 a jury, subject to neajly the same law and 
 conditions as apply to the trial by jury at 
 msi ^riws, what damages the plaintiff has 
 really sustained; and when their verdict is 
 given, which must assess some damages, 
 the sheriff returns the inquisition, upon 
 which judgment is entered. 
 
 INQUISITIO. Lat. In old English 
 law. An inquisition or inquest. Inquisitio 
 post mortem; an inquisition after death. 
 An inquest, of oflBce held, during the con- 
 tinuance of the military tenures, upon the 
 death of every one of the king's tenants, 
 to inquire of what lands .he died seised, 
 who was his heir, and of what age, in order 
 to entitle the king to his marriage, ward- 
 ship, relief, primer seisin, or other advan- 
 tages, as the circumstances of the case 
 might turn out. 3 Bl. Com. 258. Inqui- 
 sitio patriae ; the inquisition of the coun- 
 try ; the ordinary jury, as distinguished 
 from the grand assise. Bract, fol. 15 b. 
 
 INQUISITION. [Lat. inquisitio.] In 
 modern practice. The finding of a jury ; 
 especially, the finding of a jury under a 
 writ of inquiry. See Inquire/, writ of. 
 
 INROLL. A form of enroll, 'used in 
 the old books. 3 Bep. in Gh. 63, 73. 3 
 Hast, 410. 
 
 INROLMENT, Enrollment. [L. Lat. 
 irrotulatio^ In practice. The entry of any 
 act or matter upon a roll, {in rotulo.) In 
 English practice, the registering, recording, 
 or entering of any lawful act in the rolls of 
 the Chancery, or of the Exchequer, King's 
 Bench, or Common Pleas. Termes de la 
 Ley. Cowell. The entering or transcribing 
 a deed on a roll of parchment, according 
 to certain forms and regulations ; the tran- 
 
 scribing a deed upon the records, of one of 
 the courts at Westminster, or at a court of 
 Quarter Sessions. Holthouse. This, how- 
 ever, does not make it a record, it being 
 merely a private act of the parties con- 
 cerned. Id. See Record, Boll. 
 
 The term inrollnsbent is also applied, in 
 equity practice, to the entry of a decree 
 on record, at the conclusion of a suit. 2 
 DanielVs Ohan. Pract. 1220. The proper 
 orthography of this word seems to be en- 
 rollment, (q. V.) 
 
 INSANE. [Lat. insanus, from in, priv. . 
 and sanus, sound, healthy.] Unsound in 
 mind ; of unsound mind ; deranged, disor- 
 dered or diseased in mind. 
 
 Violently deranged ; mad. &&& Insanus. 
 
 INSANITY. [Lat. insania, insanitas, 
 from insanus, q. v.] Unsoundness of mind ; 
 derangement of intellect; madness. De- 
 lusion is said to be the true test of insanity. 
 Sir John , Nicholl, 3 Addams' . B. 79. 
 Lunacy is properly a species of insanity, 
 although the terms are frequently used as 
 synonymous. See. Lunacy. 
 
 INSANUS. Lat. [from in, priv. and 
 sanus, sound.] Insane ; deranged ; mad, 
 Insanus [est] qui, abjecta ratione, omnia 
 cum impetu et furore facit ;. an insane per- 
 son is one who having lost reason, does 
 every thing with violence and fury. 4 Co. 
 128 a, Beverley'' s case. 
 
 INSCRIBERE. Lat. [from in, to, or on, 
 and scribere, to write.] In the civil law. 
 To subscribe an accusation. To bind one's 
 self, in case of failure to prove an accusa- 
 tion, to suffer the same punishment which 
 the accused would have suffered had he 
 been proved guilty. Calv. Lex. 
 
 INSCRIPTIO. Lat. [from inscribere, 
 q. v.] In the civil law. A written accusa- 
 tion, (libellus accusatorius.) An under- 
 taking to suffer the punishment of the ac- 
 cused, in case of a failure to prove him 
 guilty. Calv. Lex. Cod. 9. 1. 10. Id. 9. 
 2. 16, 17. 
 
 INSECTATOR. L. Lat. In old Eng- 
 lish records. A prosecutor, or adversary 
 at law. Kennetfs Par. Ant. 388. Cowell. 
 
 INSENSIBLE. In pleading. Unintel- 
 ligible ; without sense or meaning, from, 
 the omission of material words, &c. Steph. 
 PI. 377. 
 
 INSETENA. Sax. and L. Lat. In old 
 records. An inditch ; an interior ditch ; 
 one made within another, for greater se- 
 curity. ^Spelman. 
 
 INSIDIATIO. Lat. [from insidia, an 
 
INS 
 
 (83) 
 
 INS 
 
 ambush.] In old English law. A lying in 
 wait. Insidiatio viarum ; a lying in wait 
 for one on the highway, i: Bl. Com,. 373. 
 A species of felony in which the benefit of 
 clergy was denied even by the common 
 law. Id. 
 Insidiat&res viarum; waiy layers. Cqwell. 
 
 INSIGNIA. Lat. Distinctive marks; 
 'characteristics. 1 Kenfs Com. 188. 
 
 INSILIAEIUS. L. Lat. \itom insilium, 
 q. v.] In old records. An evil counsellor, 
 or ill adviser. Flor. Wigorn. A. D. 855. 
 Spelman. Gowell. 
 
 INSILIUM. L. Lat. In old records. 
 Ill advice, or pernicious counsel. Flor. 
 Wigorn: A. D. 1016. Spelman. Cowell. 
 
 INSIMUL. Lat. Together ; jointly. 
 Towns. PI. 44. 
 
 INSIMUL COMPUTASSENT, (or 
 COMPUTASSET.) L. Lat. (They ac- 
 counted together ; he accounted together.) 
 In pleading. The emphatic name given to 
 one of the common counts, (otherwise call- 
 ed a count upon an account stated^ those 
 being the two emphatic words of the count 
 when framed in Latin ; it setting forth that 
 the defendant, at a certain time and place, 
 INSIMUL COMPUTASSET cumprmfato querente, 
 de dinersis denariorum summis eidem que- 
 renti, per prcefaium defendentem, ante tem- 
 pus illud debitis et insolutis, &c. 2'owns. 
 PI. 412. Or, as literally rendered in the 
 modern forms, " accounted together with 
 the said plaintiff concerning divers sums 
 of money, before that time due and unpaid 
 to the said plaintiff by the said defendant;" 
 after which it goes on to say, that upon 
 such accounting, the said defendant was 
 found to be in arrear to the said plaintiff 
 in a certain sum named ; and being so 
 found in arrear, the said defendant, in con- 
 sideration thereof, afterwards undertook 
 and promised to pay the said sum of money 
 to the said plaintiff, (fee. 
 
 INSIMUL TENUIT. L. Lat. In old 
 English practice. The name of a species 
 of the writ of formedon in the descender. 
 F. N. B. 216. 
 
 INSINUARE. In the civil law. To 
 put into ; to insert ; to deposit a writing 
 in court, answering nearly to the modern 
 expression " to file." To transcribe an act 
 on the public registers ; to record. Si nan 
 mandatum aciis insinuatum est ; if the 
 power or authority be not deposited among 
 the records of the court. Inst. 4. 11. 3. 
 
 To declare or acknowledge before a ju- 
 dicial officer ; to give an act an official forrt;. 
 
 (^puMicare; et apud acta coram judice testari.) 
 Chlii. Lex. 
 
 To make known ; to give information. Id. 
 
 INSINUATIO. L.Lat. In old English 
 law. Information or suggestion. Ex in- 
 sinuatione ; on the information. Beg. Jud. 
 25 50. 
 
 INSINUATION OF A "WILL. In the 
 civil law. The first production of a will, 
 or the leaving it with the registrar, in 
 order to its probate. Cowell. Blount. 
 See Insinuare. 
 
 INSQLIDE. L. Lat. Solidly; without 
 any separation of possession or ownership. 
 A term used by Bracton to express that 
 impossible or impracticable kind of pos- 
 session where two persons hold a thing at 
 the same time exclusively. [Duo non 
 possunt\ simul et insolide unicam rem pos- 
 sidere, non magis quam unus stare ubi alius 
 Stat, et unus sedere ubi alius sedet; two can- 
 not possess one thing at the same time and 
 solidly, [or to the same extent,] no more 
 than one man can stand where another 
 stands, or one man sit where another sits. 
 Bract, fol. 45. 
 
 INSOLVENCY, [from Lat. ira.'priv. 
 and solvere, to pay.] Inability to pay ; 
 want of solvency ; the state of an insolvent; 
 the state of a person who is unable, from 
 want of means, to pay his debts.* InabiUty 
 to pay one's debts out of one's own means. 
 Cowen, J. 4 JHU's (N. Y.) B. 650, 652. 
 Paige, J. 15 Mw-York (1 Smith) B. 200. 
 — Inadequacy of a man's funds to the pay- 
 ment of his debts. 2 Bell's Com. 162. 
 Brown, J. 15 New-Torh B. 141.— The 
 condition of a person unable to pay his 
 debts as they fall due, or in the usual course 
 of trade and business. 2 Kent's Com. 389, 
 note. See 3 Gray's B. 599, 600. — Present 
 inability to pay one's debts in full out of 
 one's own means.* See Barrill on Assign- 
 ments, 38. 
 
 Strictly, the state of a person, not en- 
 gaged in trade, who is unable to pay his 
 debts. This is the sense of the word in 
 English law, as distinguished from bank- 
 ruptcy ; but the distinction does not seem 
 to be recognised in the United States. 2 
 Steph. Com. 213. Brande. See Bank- 
 ruptcy, Solvency, Insolvent. 
 
 INSOLVENT, [from Lat. in, priv. and 
 solvens, paying, from solvere, to pay.] One 
 who cannot or does not pay ; one who is 
 unable to pay his debts ; one who is not 
 solvent; one who has not present means 
 or property sufficient to pay his debts. — 
 
INS 
 
 (84) 
 
 INS 
 
 One who is unable to pay all his debts from 
 his own means, or whose debts cannot be 
 collected out of his means by legal process.* 
 Cowen, J. 4 EilVs (N. Y.) B. 650, 652.— A 
 trader who is not in a condition to pay his 
 debts in the ordinary coarse, as persons 
 carrying on trade usually do. Thomas, J. 
 3 Gray's B. 600 ; citing \ M. dk S. 338. 3 
 Bowl, dh Byl. 218. 4 Hill, 650. 4 Cush. 
 134. See Solvent. 
 
 Strictly, a person not engaged in trade, 
 who is unable to pay his debts. See Bank- 
 rupt. 
 
 INSPECTION. In practice. The ex- 
 amination of writings not under seal, and 
 books, in the possession of a party, which 
 the opposite party may have, on obtaining 
 a rule of court or a judge's order for the 
 purpose. 1 Tidd's Prac. 589 — 596. It 
 is analogous to the oyer of deeds or writings 
 under seal. 
 
 INSPECTION. Official view or exami- 
 nation of commodities or manufactures, to 
 ascertain their quality, under some statute 
 requiring it. 
 
 INSPECTION, Trial hy. A mode of 
 trial formerly in use in England, by which 
 the judges of a court decided a point in 
 dispute, upon the testimony of their own 
 sense, without the intervention of a jury. 
 This toot place in cases where the fact 
 upon which issue was taten must, from its 
 nature, be evident to the court from ocular 
 demonstration, or other irrefragable proof; 
 and was adopted for the greater expedition 
 of a cause. 3 Bl. Com. 331. In this 
 way, questions whether a party were an 
 infant or not, or whether idiot or not, 
 whether an injury were maihem or no 
 maihem, and the like, might be determined, 
 the judges deciding by inspection and ex- 
 amination of the party. Id. 332, 333. 
 But this has long been out of use. 3 
 Steph. Com. 583, note (u). 
 
 INSPEXIMUS. Lat. In old English 
 law. We have inspected. An exemplifi- 
 cation of letters patent, so called from the 
 emphatic word of the old forms. 5 Co. 
 53 b. Page's case. 
 
 INSTANCE. [Lat. instantia, from in- 
 stare, to press or urge.] In pleading and 
 practice. Solicitation, properly of an earnest 
 or urgent kind. An act is often said to be 
 done at a party's " special instance and 
 request." 
 
 In the English courts, causes of instance 
 are those which proceed at the solicitation 
 of some party. Hallifax, Anal. b. 3, c. 1 1 . 
 
 INSTANCE COURT. The ordinary 
 Court of Admiralty, as distinguished from 
 the prize court, which is held in times of 
 war. 1 Kent's Com. 352. These are some- 
 times treated in the English books as per- 
 fectly distinct tribunals. 2 Chitt. Qen. Pr. 
 508. But they appear rather to be dif- 
 ferent branches of jurisdiction of the same 
 court. 1 Kenis Com. 354, 356. In the 
 United States, the equal jurisdiction of the 
 admiralty as an instance and as a prize 
 court, is now definitely settled. Id. ibid. 
 
 INSTANS. L. Lat. An instant. In- 
 stans est finis unius temporis et principium 
 alterius ; an instant is the end of one period 
 of time, and the beginning of another. 
 Co. lAtt. 185. See Instant. 
 
 INSTANT. [Lat. instans.] An indivi- 
 sible point of time.* Defined by the old 
 logicians to be Unum indivisibile in tem- 
 pore, quod non est tempus, nee pars temporis, 
 ad quod tamen partes temporis copulantur ; 
 one indivisible thing in time, which is not 
 time, nor a part of time, to [or by] which, 
 however, the parts of time are conjoined. 
 CowelL See Plowd. 110. According to 
 Lord Coke, in consideration of law, there 
 is a priority of time in an instant. Co. Litt. 
 185 b, 
 
 INSTANTEE. Lat. Instantly; forth- 
 with ; without any delay, or the allowance 
 of any time. 4 Bl. Com. 396. This term, 
 however, as generally used, does not im- 
 port an absolutely instantaneous succession, 
 but only that which is comparatively so. 
 Thus, in practice, instanter is frequently 
 said to mean " within twenty-four hours," 
 and it is sometimes so defined by express 
 rule of court. 1 Tidd's Pr. 667, note. 
 3 Chitt. Gen. Pr. 112. See Immediately, 
 Instant, Forthwith, Fraction. 
 
 INSTANTIA. L.Lat. In old practice. 
 Despatch ; speedy prosecution. Fleta, 
 lib. 2, c. 65, f 10. 
 
 INSTAR. Lat. Likeness ; the likeness, 
 size or equivalent of a thing. Instar 
 deniium ; like teeth. 2 Bl. Com. 295. 
 Instar omnium ; equivalent or tantamount 
 to all. Id. 146. 3 Id. 231. 
 
 INSTAURUM. L. Lat. In old Eng- 
 lish deeds, A stock or store of cattle, and 
 other things ; the whole stock upon a farm, 
 including cattle, wagons, ploughs, and all 
 other implements of husbandry. 1 Mon. 
 Ang. 548. Fleta, lib. 2, c. 68, § 1 ; c. 72, 
 § 1. Terra instaurata ; land ready stocked, 
 or furnished with all things necessary to 
 carry on the use or occupatiQn of a farm. 
 
INS 
 
 (85) 
 
 INS 
 
 Et reddat heredi, cum ad plenam etatem 
 venerit, terram suam totam instauratam de 
 carucis et omnibus aliis rebus ; and he shall 
 restore to the heir, when he shall arrive at 
 full age, all his land, stocked with ploughs 
 and all other things. Magna Carta, c. 5. 
 Cowell. 
 
 INSTITOR. Lat. [from instare, to press 
 or urge, to attend diligently.] In the civil 
 law. A person put in charge of a shop, 
 with authority to huy and sell, {qui taber- 
 ncead emendum vendendumque prceponitur.) 
 Biff. 14. 3. 18. jffeinecc. Mem. Jur. Civ. 
 lib. 4, tit 7, § 1209. Stori/ on Agency, 
 
 A person having charge of buying or 
 selling, without any particular place, {qui 
 sine loco ad eundem actum prceponitur.) 
 Big. 14. 3. 18. 
 
 A person to whom the transaction of any 
 particular business was committed, (cuilibet 
 aliinegotiationiprcBpositus.) Big. 14. 3. 3. 
 Inst. 4. 1. 2. 
 
 INSTITORIA ACTIO. Lat. In the 
 civil law. The name of an action given to 
 those who had contracted with an institor, 
 (q. V.) to compel the principal to perform- 
 ance. Inst. 4. 1. 2. Big. 14. 3. 1. Cod. 
 4. 25. Seinecc. Elem. Jur. Civ. lib. 4, 
 tit. i, § 1211. Stmy on Agency, § 426. 
 
 INSTITUERE. Lat. In old English 
 law. To establish, enact or ordain. Mcec 
 sunt instituta quce Edgarus rex eonsilio 
 sapientum suorum instituit ; these are the 
 establishments which king Edgar, with the 
 advice of his wise men, established. 1 Bl. 
 Com. 148. Hcec suntjudicia quae sapientes, 
 eonsilio regis Ethelstani, instituerunt ; these 
 are the judgments which the wise men, with 
 the advice of king Athelstan, established. 
 Id. ibid. 
 
 In the civil law. To prepare, provide or 
 furnish. Calv. Lex, 
 
 To name, designate or appoint, as an 
 heir. Id. Big. 28. 5. See Hceres insti- 
 tutus. 
 
 To appoint, or put in one's place, as an 
 attorney. Calv. Lex. 
 
 To move or commence, as an action. Id. 
 
 In feudal law. To invest or give pos- 
 session. Id. 
 
 INSTITUTA. Lat. Institutes. The 
 Institutes of Justinian are so called in Fleta, 
 lib. 3, c. 3, § 12. This corresponds with 
 the Latino-Gr. uutitovtois, in Mov. 18, c. 9. 
 Wov. 21, c. 1. 
 
 INSTITUTE. [Lat. instituere, q. v.] 
 To commence ; to set on foot ; as to insti- 
 
 tute -proceeAmgs; to institute an inquiry; 
 to institute an action. 
 
 INSTITUTES OF JUSTINIAN. [Lat. 
 Institutiones.] Elements of the Roman 
 law, in four books, compiled by Tribonian, 
 Theophilus and Dorotheus, by the order, 
 and under the direction of the emperor 
 Justinian, and published on the 21st day of 
 November, A. D. 533 ; being one of the 
 principal component parts or general divi- 
 sions of the Corpus Juris Civilis. Proxm. 
 de Confirm. Inst. 3. 4, <fcc. 1 Mackeld. 
 Civ. Law, 56, § 67. 1 Bl. Com. 81. 
 \Kenis Com. 638. They were composed, 
 as Justinian himself explains in the proce- 
 mium or introduction, for the benefit ol 
 students of the law, to whom in fact they 
 are formally addressed, (cupidce legum 
 juventuti — ut liceat prima legum cunabula 
 discere, &c.) in order to facilitate their 
 studies, which before had been embarrassed 
 by many difficulties and delays. Promm. 
 § 3. According to Justinian's own ac- 
 count, they were compiled from all the 
 older elementary works of a similar cha- 
 racter, {ex omnibus antiquorum institutioni- 
 bUs,) but principally from what he calls 
 the Commentaries of Caius or Gains, {prm- 
 cipue ex commentariis Caii nostri,) embra- 
 cing both his Institutes and Pes Quoti- 
 diancB, {tam institutionum, quam rerum 
 quotidianarum ;) and also from many other 
 commentaries, (aliisque multis commenta- 
 riis.) Id. § 6. Since the discovery, in 
 1816, of a copy of the Institutes of Gains, 
 it has appeared that the Institutes of Jus- 
 tinian are little more than a new edition of 
 that work, omitting what had become 
 obsolete, and including the new constitu- 
 tions of Justinian as far as they had then 
 been issued. 1 Mackeld. Civ. Law, 56, 
 § 67. 1 Kenfs Com. 538, and note. 
 
 The division of the Institutes into four 
 books was by Justinian's own order, so as 
 to embrace the first elements of the whole 
 science of the law; {in quatuor libros eas- 
 dem institutiones partiri jussimus, ut sint 
 totius legitimoe scientice prima elementa.) 
 Prooem. § 4. Each book is again divided 
 into titles, and each title, after a short prin- 
 cipium, or introduction, into paragraphs or 
 sections. The most common and simple 
 mode of citation is by giving the numbers 
 of the book, title and section, thus : Inst. 
 4. 7. 2 ; meaning book 4, title 7, section 2 ; 
 or, where the principium is referred to, 
 Inst. 4. 7, pr. Another method is by 
 naming the section first, and using the 
 
INS 
 
 (86) 
 
 INS 
 
 letter J, instead of Inst, thus : § 2, J. 4. 7. 
 The ancient mode of citation was by giving 
 the heading of the title, and the initial 
 ■words of the paragraph, thus : § fratris 
 vero, J. de nuptiis, which answers to the 
 modem Inst. 1. 10. 3. 
 
 INSTITUTES, (or INSTITUTIONS) 
 OF GAIUS. [Lat. Gaii Institutiones.] 
 An elementary work of the Eoman jurist 
 Gaius ; important as having formed the 
 foundation of the Institutes of Justi- 
 nian, (q. V.) These Institutes were dis- 
 covered by Niebuhr in 1816, in a 
 codex rescriptus of the library of the 
 cathedral chapter at Verona, and were 
 first published at Berlin in 1820. Two 
 editions have appeared since. 1 Mackdd. 
 Civ. Law, 35. 
 
 INSTITUTIO. In old English law. 
 Institution (of a clerk.) Called by Bracton 
 a kind of spiritual marriage. Bract, fol. 
 242. See Institution. 
 
 INSTITUTION. [Lat. institwtio, from 
 instituere, to place in, to establish or or- 
 dain.] In English ecclesiastical law. A 
 kind of investiture of the spiritual part of a 
 benefice, by which the cure or care of the 
 souls of the parish is committed to the 
 clerk. 1 Bl. Com. 390. It was anciently 
 done by the bishop saying to the clerk 
 who was presented, Instituo te rectorem 
 talis ecclesice, cum cura animarum, ei accipe 
 curam tuam et meam ; I institute or ordain 
 thee rector of such a church, with cure of 
 souls, and take thy cure (or charge) and 
 mine. Cowell. 
 
 INSTITUTIONES. Lat. [from insti- 
 tuere, to instruct, or educate.] Works 
 containing the elements of any science; 
 institutions, or institutes. One of Justinian's 
 principal law collections, and a similar 
 work of the Eolnan jurist Gaius, are so 
 entitled. See Institutes. 
 
 INSTRUCTION. In French law. The 
 means used and formality employed to 
 prepare a case for trial. Bouvier. 
 
 INSTRUCTIONS. In practice. Writ- 
 ten statements of facts, intended as guides 
 to attorneys and counsel, in the prosecution 
 and defence of actions! the preparation of 
 pleadings, and in conducting examinations 
 and trials. See 3 Chitt, Gen. Pr, 117 — 
 124, 429. 
 
 INSTRUMENT. [Lat. instrumentum, 
 from instruere, to provide or fiirnish.] • A 
 mean or help to do a thing ; a writing, as 
 the means of giving formal expression or 
 effect to some act ; a writing expressive of 
 
 some act, contract, process or proceeding, 
 as a deed, writ, &c. 
 
 Instruments of evidence are the media 
 through which the evidence of facts, either 
 disputed or required to be proved, is con- 
 veyed to the mind of a judicial tribunal ; 
 and they comprise persons as well as 
 writings. Best on Evid. 139, § 113. 
 
 INSTRUMENTUM. Lat. [from in- 
 struere, to provide or furnish.] In the 
 civil law. Furniture ; equipment ; articles 
 provided or necessary for the carrying on 
 of any business, art or occupation ; tools 
 of a trade, &c. Big. 33. 1. . The tackle 
 or equipments of a vessel. Id. 33. 7. 29. 
 
 Every thing with which a cause could 
 be provided, (omnia quibus causa insirui 
 potest,) including both evidences and per- 
 sons, (tarn testimonia guam persona.) Dig. 
 22. 4. 1. See Id. 60. 16. 99. 2. 
 
 A contract containing the evidence of 
 som^ agreement, called in Gr. ovfpekawv, 
 especially such as were - drawn up by a no- 
 tary, tabellion or public officer. See Nov. 
 47. The word had the same sense in 
 feudal law. Feud. Lib. 2, tit. 2. 
 
 INSUFFICIENCY. In equity pleading. 
 That quality of an answer when it does not 
 fully and specifically reply to the specific 
 charges in the bill, or where there is some 
 material allegation, charge or interrogatory 
 contained in the bill, which has not been 
 fully answered. Mitford's Ch. PI. (Moul- 
 ton's ed. 1849,) 376, and note. 
 
 INSULA. Lat. An island. Inst. 2. 
 
 1. 22. Dig. 41. 1. 7. 3. Bract, fol. 9. 
 Fleta, lib. 3, c. 2, § 6. 
 
 In the Roman law. A house in a city 
 not adjoining others, but having a vacant 
 space all around it. Calv. Lex. Dig. 19. 
 
 2. 30. Id. 32. 91. 6. An insulated 
 house. 
 
 A house of any kind, especially one 
 occupied by difierent families. Calv. Lex. 
 AdawCs Rom. Ant. 57. 
 
 INSULTUS. Lat. [from insilire, to 
 assault.] In old English law.. An assault. 
 Insultiim fecit et verberavit ; made an 
 assault and beat. Reg. Orig. 92. 
 
 INSUPER. Lat. Moreover ; over and 
 above. 
 
 An old exchequer term, applied to a 
 charge made upon a person in his account. 
 Blount. 
 
 INSURANCE, Assurance. [Fr. as- 
 surance; L. Lat. assecuratio, aversio peri- 
 culi.l A contract whereby, for a stipulated 
 consideration, one party undertakes to in- 
 
INT 
 
 {SI) 
 
 INT 
 
 demnify the other against certain risks. 1 
 Phillips on Ins. 1. The party under- 
 taking to make the indemnity is called the 
 insurer, (and sometimes the underwriter ;) 
 the party to he indemnified, the insured or 
 assured ; the agreed consideration, a pre- 
 mium ; and the instrument containing the 
 contract, a policy* Id. ibid. See As- 
 surance, Aversio periculi. Fire Insurance, 
 Life Insurance, Marine Insurance, Policy, 
 
 INSURANCE BROKER. A hroker 
 through whose agency insurances are 
 effected. 3 Kmis Com. 260. See Broker. 
 
 INTAKERS. In old English law. A 
 kind of thieves inhabiting Redesdale, on the 
 extreme northern border of England ; so 
 called because they tooh in or received such 
 booties of cattle and other things as their 
 accomplices, who were called outpariers, 
 brought in to them from the borders of 
 Scotland. Stat. 9 Hen. V. c. 8. Spel- 
 man. Gowell. See Outpariers. 
 
 INTEGER. Lat. Entire and whole; 
 fresh ; new ; untouched, as a thing origi- 
 nally or at first was. Bes integra ; a new 
 matter or question; one untouched by 
 dictum or decision. 2 Kenfs Com. 177. 
 In integrum restituere ; to restore a thing 
 to its original state. Calv. Lex. See 
 Pestituiio, Pes integra. 
 
 INTELLECTUS. Lat. [from intelligere, 
 to understand.] In old English law. 
 Meaning ; sense ; signification. Bract. 
 fol. 34. Fteta, lib. 3, c. 14, § 4. 
 
 INTEND, [from Lat. intendere, from in, 
 to or towards, and tendere, to stretch or 
 strain.] To fix the mind upon a thing ; 
 to mean ; to determine ; to act with a full 
 knowledge of consequences, and with a de- 
 terinination or willingness to produce such 
 consequences. Eyery man is presumed to 
 intend tie natural and probable consequences 
 of Ms own voluntary acts, l Greml. Evid. 
 § 18. Lord EUenborough, Z M. & S. 11, 
 15. Burr. Circ. Evid. 38, 47. 
 
 INTENDERE. Lat. In the civil law. 
 To claim at law, or in an action. Si 
 \actor^ cum ei decern aurei deberentur, 
 quinque sibi dari oportere, intenderit ; if a 
 plaintiff, where ten aurei were due him, 
 should claim that five only ought to be 
 paid him. Inst. 4. 6. 34, 35. 
 
 In old English law. To apply one's 
 self; to attend diligently, as to the duties 
 of an office. Quod talem eligi faciat qui 
 melius et sciat, et velit, et possit officio illi 
 intendere ; that he cause to be chosen such 
 
 a person as best knows how, and is willing 
 and able to discharge that office. 1 Bl. 
 Com. 347. 
 
 INTENDMENT. [L. Fr. .entendrnent ; 
 L. Lat. intellectus.] Understanding ; judg- 
 ment; intention. 
 
 INTENDMENT OF LAW, [L. Lat. 
 intellectus legis.] The understanding or 
 intelligence of the law. Oo. Litt.. 78 b. 
 The judgment, intention, or true meaning 
 of the law. Gowell. Blount. Regularly, 
 judges ought to adjudge according to the 
 common intendment of law. Co. Litt. 
 78 b. 
 
 A presumption of law. Best on Pres. 
 § 15. Burr. Circ. JEv. 4S. 
 
 INTENT, [from Lat. intendere, from in, 
 to or towards, and tendere, to stretch or 
 strain.] In the law of evidence. ' Deter- 
 mination to act in a particular manner ; 
 design ; meaning ; purpose. Literally, 
 the stretching of the mind towards an ob- 
 ject ; the fixed direction of the mind to- 
 wards a particular object. 
 
 Intent expresses mental action at its 
 most advanced point, or as it actually ac- 
 tually accompanies an outward, corporal 
 act which has been determined on. In- 
 tent shows the presence of will in the act 
 which consummates a crime. It is the ex- 
 ercise of intelligent win ; the mind being 
 fuUy aware of the nature and consequences 
 of the act which is about to be done, and 
 with such knowledge, and with full liberty 
 of action, willing and electing to do it. 
 Burr, Circ. Evid. 284, and notes. See 
 Intend. 
 
 Intent is clearly distinguishable from 
 motive, which is a moral impulse, the 
 original moving cause of crime. See 
 Motive. 
 
 INTENTARE. L. Lat. To prosecute. 
 Tftraque \acti6\ simul poterit intentari ; 
 both actions may be prosecuted at the 
 same time. Bract, fol. 112 b. Fleta, 
 lib. 2, c. 1, § 6. 
 
 INTENTIO. Lat. [from intendere, to 
 intend or design.] Intention ; design ; 
 meaning or purpose. Intentio CEBCa mala. 
 A blind, or obscure meaning is bad, or 
 ineffectual. 2 Bulstr. 179. Said of a 
 testator's intention. Id. ibid. 
 
 Intentio inservire debet legibns, non leges 
 intentioni. The intention [of a party] 
 ought to be subservient to [or in accord- 
 ance with] the, laws, not the laws to the 
 intention. Oo. Litt. 314 a, b. 
 
 Intentio mea imponit nomen operi meo, 
 
INT 
 
 (88) 
 
 INT 
 
 My intention gives name to my act. Soh. 
 123. Be& Affectio. 
 
 INTENTIO. Lat. [from intendere, to 
 pursue or claim.] In the civil law. The 
 formula by which the plaintiflF {actor) pre- 
 ferred his suit or made his claim against 
 the defendant before the prsetor. Si minus 
 intentione su& complexus fuerit actor quam 
 ad eum pertineat ; if the plaintifiF should 
 embrace in his demand less than what 
 actually belongs to him. Inst. 4. 6. 34. 
 
 In old English practice. The plaintiflF's 
 or demandant's count, or declaration in 
 real actions. Fleta, lib. 4, c. '1. Cum partes 
 in judicio comparuerint, proponat mulier 
 per se, velper attomatum suum, intentionem 
 guam, in hunc modum, <&c. ; when the 
 parties have appeared in court, the woman 
 [demanding dower] shall ofifer, by herself or 
 by attorney, her count, in this manner: 
 " This shows to you B. {hoc vobis ostendit 
 B.) who was the wife of C. that A. un- 
 justly deforces her of the third part of so 
 much land, with the appurtenances, in such 
 a town ; and unjustly so, because the afore- 
 said C. formerly her husband, endowed 
 her thereof at the church door, when he 
 espoused her, and who was able to endow 
 her thereof; and if he will acknowledge 
 this, it will be agreeable to her; if not, 
 she hath sufficient proof thereof, or there- 
 upon will produce a sufficient suit, {inde 
 producat sectam sufficientem") Bract. fol. 
 296 b, 297. Otherwise called narratio. 
 Fleta, lib. 6, c. 16. 
 
 INTENTION. [See Intent] Meaning; 
 will ; purpose ; design. " The intention 
 of the testator, to be collected from the 
 whole will, is to govern, provided it be not 
 unlawful or inconsistent with the rules of 
 law." 4 Kent's Com. 534. 
 
 INTER. Lat. Between; among. 
 INTER ALIA. Lat. Among other 
 things. A term anciently used in plead- 
 ' ing, especially in reciting statutes, where 
 the whole statute was not set forth at 
 length. Inter alia enactatum fuit ; among 
 other things it was enacted. See the ob- 
 servations of Montague, C. J. in Dive v. 
 Maningham, Plowd. 65. 
 
 INTER ALIOS. Lat. Between other 
 parties. Inter alios res gestas aliis non 
 posse prwjudicium facere scepe constituium 
 est ; that things done between others can- 
 not prejudice third parties, has often been 
 determined. Cod. 7. 60. 1, 2. See Res 
 inter alios. 
 INTER APICES JURIS. L. Lat. 
 
 Among the niceties, or subtleties of the 
 law ; among the extreme doctrines of the 
 law. Story, J. 1 Gallisori's R. 192, 200. 
 
 INTER BRACHIA. L. Lat.. Between 
 her aims. Fleta, lib. 1, c. 35, §8 1, 2. 
 
 INTER C^ETEROS. Lat. Among 
 others ; in a general clause ; not by name 
 (nominatim.) A term applied, in the civU 
 law, to clauses of disinheritance in a will. 
 Inst. 2. 13. 1. Id. 2. 13. 3. 
 
 INTER CANEM ET LUPUM. Lat. 
 Between dog and wolf. A term anciently 
 used to signify twilight, from the uncertain 
 nature of the light, which rendered it diffi- 
 cult to distinguish one animal from another, 
 (cum lupus a cane non Jit cognoscihilis.) 
 Spelman, voc. Canis. Cowell. 
 
 INTER PARTES. L. Lat. Between 
 parts or parties. In case of an indenture, 
 the deed is always formally described as 
 made inter partes ; that is, as made be- 
 tween such an one, of the one part, and 
 such another, of the other part. 1 Steph. 
 Com. 449. "JWhere there is a deed inter 
 partes, that is, a deed importing to be be- 
 tween the persons who are named in it, 
 as executing the same, and not, as some 
 deeds are, general to ' all people,' the im- 
 mediate operation of the deed is to be con- 
 fined to those persons who are parties to 
 it ; no stranger to it can take under it ex- 
 cept by way of remainder, nor can any 
 stranger sue upon any- of the covenants it 
 contains." Lord EUenborough, 3 M. <& S. 
 822. 
 
 INTER QUATUOR PARIETES. L. 
 Lat. Between four walls. Fleta, lib. 6, 
 c. 55, § 4. 
 
 INTER SESE. Lat. Between or among 
 themselves. Story on Partn. § 405. 
 
 INTER VIVOS. Lat. Between living 
 persons. Ordinary gifts {donationes) are 
 so called to distinguish them from such as 
 are made in contemplation oi death, {mortis 
 cau^A.) A term''of the civil law, introduced 
 into lie English law at an early period. 
 Inst. 2. 7. 2. Bract, fol. 11. 2 Kent's 
 Com. 438. 
 
 INTERCALARE. Lat [from inter, be- 
 tween or among, and 0. Lat. calare, to 
 call.] In the civil law. To introduce or 
 insert among or between others ; to intro- 
 duce a day or month into the calendar ; to 
 intercalate. Big. 50. 16. 98, pr. 
 
 INTERCALARIS. Lat. [from inter- 
 calare, q. v.] In the civil law. Inserted 
 among others ; additional {additidus.) 
 Dig. 50. 16. 98. 1. Mensis intercalaris 
 
INT 
 
 (89) 
 
 INT 
 
 constat ex diebus viginti octo ; an intercala- 
 ry montb consists of twenty-eight days. 
 Id. 50. 16. 98. 2. 
 
 INTERCHANGEABLY. [L. Lat. al- 
 tematim.'] In the way, mode or form of 
 exchange or interchange. A term con- 
 stantly used in the concluding clause of 
 indentures, (In witness whereof, the said 
 parties have hereunto interchangeably set 
 their hands and seals ;) and properly im- 
 porting not only an execution by all the 
 parties, but an actual interchange of signa- 
 tures and seals, such as takes place in the 
 case of instruments executed in duplicate, 
 or in part and counterpart, where the sig- 
 nature and seal of each party are affixed to 
 the part given to the other. It is used, 
 however, every day in deeds signed by the 
 grantor only, but will not be held to im- 
 port a signature by the grantee. 1 Penn. 
 St. (Barr's) R. 329. 
 
 INTERCHARAXARE. L. Lat. In 
 old European law. To interline. Spelman. 
 INTERCOMMON. To enjoy a common 
 mutually or promiscuously with the inha- 
 bitants or tenants of a contiguous town- 
 ship, vill, or manor. 2 Bl. Com. 33. 1 
 CrabVs Real Prop. 271, § 290. 
 _ INTERCOMMONING. A mutual pri- 
 vilege existing between the inhabitants or 
 tenants of two or more adjoining town- 
 ships, or manors, of pasturing their cattle 
 in the lands or commons of each other.* 
 Termes de la Ley. Oowell. It is the same 
 with common because of vicinage, (q. v.) 
 
 INTERCOURSE. [Lat. intercursus, 
 from inter, between, and currere, to run.] 
 Communication ; literally, a running, or 
 passing between persons or places; com- 
 merce. See the Passenger cases, 1 How- 
 ard's R..'im—b1Z. 
 
 INTERDICT. [Lat. interdictum, from 
 interdicere, to prohibit, or inter (duos) di- 
 cere, to pronounce between two.] In the 
 civil law. A decree of the prcetor, or form 
 of words by which he commanded some- 
 thing to be done, or prohibited it from 
 being done; (forma atque conceptiones ver- 
 borum, quibus prcetor aut jubebat aliquid, 
 aut fieri prohibebat ;) and which was 
 chiefly used where a contention arose be- 
 tween parties concerning possession, or 
 quasi possession. Jnst. 4. 15, pr. Gains, 
 4. 139. They were of three kinds, pro- 
 hibitory, (prohibitoria ;) restoratory, (resti- 
 tutoria ;) and exhibitory, (exhibitoria.) 
 Inst. 4. 15. 1. The first resembled the 
 modern writ of injunction, (3 Bl. Obffi.442 ;) 
 
 and it was supposed, even in Justinian's 
 time, that these alone, from their etymology 
 (interdicere, to prohibit,) ought to be called 
 interdicts, and that those of the restoratory 
 and exhibitory kind should properly be 
 called decrees ; but the practice was other- 
 wise, and to I'econcile it with the etymolo- 
 gy, a new derivation was suggested in the 
 Institutes, viz : that these forms were 
 called inierdicta, quia inter duos dicuntur ; 
 (because they were pronounced between two 
 contending parties.) Inst. 4. 15. 1. And 
 see Big. 43. 1. Cod. 8. 1. 
 
 An interdict was distinguished from an 
 action, (actio,) properly so called, by the 
 circumstance that the prsetor himself de- 
 cided, in the first instance, (principaliter,) 
 on the application of the plaintifi^, without 
 previously appointing a judex, by issuing 
 a decree commanding what should be done, 
 or left undone. Gaius, 4. 139. It might 
 bo adopted as a remedy in various cases 
 where a regular action could not be main- 
 tained, and hence interdicts were at one 
 time more extensively used by the prastor 
 than the actiones themselves ; afterwards, 
 however, they fell into disuse, and in the 
 time of Justinian were generally dispensed 
 with. 1 Macheld. Civ. Law, 211, § 209. 
 Inst. 4. 15. 8. 
 
 INTERDICT, Interdiction. [Lat. inter- 
 dictio ; from interdicere, to forbid.] In 
 canon law. An ecclesiastical censure, pro- 
 hibiting the administration of divine ordi- 
 nances, or the performance of religious ser- 
 vices. Termes de la Ley. Cowell. Stat. 
 22 Hen. VIIL c. 12. 
 
 INTERDICT. In Scotch practice. An 
 injunction. BelVs Diet. 1 BelVs Appeal 
 Cases, 272. 
 
 INTERDICTUM. Lat. In the civil 
 law. An interdict; a species of action. 
 Dig. 44. 7. 37, pr. See Interdict. 
 
 INTERDICTUM SALVIANUM. Lat. 
 In the civil law. The Salvian interdict. 
 A process which lay for the owner of a 
 farm, to obtain possession of the goods of 
 his tenant who had pledged 'them to him 
 for the rent of the land. Inst. 4. 15. 3 
 Dig. 43. 33. 
 
 INTERESSE. Lat. In old English 
 law. The interest of money, as distin- 
 guished from the principal, (sors.) Super 
 trecentis marcis de sorte, et centum marcis 
 (^einteresse; for three hundred marks of 
 principal, and one hundred marks of in- 
 terest. 40 Hen. Ill 2 Prynne's Collect. 
 360. Cowell. 
 
INT 
 
 (90) 
 
 INT 
 
 An interest in lands. Bract, fol. 18 b. 
 According to Lord Coke, this word, ex vi 
 termini, in legal understanding extends to 
 estates, rights and titles that a man has of, 
 in, to, or out of lands, for he is truly said 
 to have an interest in them ; and by the 
 grant of totvm interesse suum, [all his in- 
 terest] in such lands, as well reversions as 
 possessions in fee simple, shall pass. Co. 
 Litt. 345 b. 
 
 An interest in a term for years. See 
 Interesse termini. 
 
 An interest in a suit, Allegandum est 
 interesse tuum ; you must set forth your in- 
 terest Gierke's Prax. Cur. Adm. titt. 34, 35. 
 
 INTERESSE TERMINI. L. Lat. An 
 interest in a term, (literally, an interest of 
 a term;) a right to the possession of a 
 term at a future time, as distinguished from 
 a term in possession ; * a future term. Co. 
 Litt. 345 b. An expression used to de- 
 note the partieular interest of a lessee for a 
 term of years, before actual entry on the 
 land- demised. TS. 270 a. The bare lease 
 does not vest any estate in the lessee, but 
 only gives him a right of entry, which is 
 called his interest in the term, or interesse 
 termini. When he has actually entered, 
 and not before, the estate is completely 
 vested in him. 2 Bl. Com._ 144, 314. 1 
 Steph. Com. 268, 476. An interesse termini 
 is a right or interest only, and not an es- 
 tate. 4 Kents Com. 97, and note. It is, 
 however, so far in the nature of an estate, 
 that even before entry the lessee may grant 
 it. over to another. 1 Steph. Cow. 268. 
 Burton)! s Real Prop. 18, pi. 61. Shep. 
 Touch. 242. 2 CraWs Real Prop. 227, 
 § 1269. And see, as to the rule in Ameri- 
 can law, 1 Milliard's Real Prop. 200. 
 
 INTEREST. [L. Lat. interesse.] The 
 most general term that can be employed 
 to denote a property in lands or . chattels. 
 In its application to lands or things real, 
 it is frequently used in connection with the 
 terms estate, right and title, and, according 
 to Lord Coke, it properly includes them 
 all. Co. Litt. 34S b. See Interesse. It is 
 made the synonyme sometimes of estate, 
 and sometimes of right, though with less 
 accuracy as to the former term ; for though 
 every estate is an interest, every interest is 
 not an estate, as in the case of an interesse 
 termini, (q. v.) Estate, however, is the 
 term most commonly used in disp6sition8 
 of property, as wills, «fec. being regarded as 
 the most comprehensive word of convey- 
 ance. See .Estate. 
 
 INTEREST. Concern, share; advan- 
 tage, benefit or profit; participation in 
 benefit. See this sense of the word con- 
 sidered by Shaw, C. J. 11 Metcalfs B. 
 390. 
 
 INTEREST. [L. Lat. interesse; Lat. 
 accessio, usura, fcenus^ A sum of money, 
 or other certain profit, paid or allowed by 
 way of compensation for the loan or use of 
 another sum, and as an increase or addition 
 (accessio) to it. Called, when unlawful in 
 its amount, usury. 2 Bl. Com. 454. 2 
 Steph. Com. 137. See 2 Kenfs Com. 460, 
 461, and notes. 1 JV. Y. Rev. St. [771,] 
 760. 3 ComstocVs R. 355. 4 Id. 477. 
 United States Digest, Interest. 
 
 Interest is an incident which the law 
 gives the creditor, upon failure of the debtor 
 to pay the principal. 24 Mississippi R. 
 369. " "When the principal sum is ascer- 
 tained to be due at a particular period, and 
 remains unpaid, without a sufficient excuse 
 for its non-payment, the interest follows as 
 an incident." Chilton, C. J. 22 Alabama 
 R. 360. 
 
 INTEREST. In the law of evidence. 
 The concern, benefit or advantage which a 
 witness, called to testify in a cause, has in 
 its result ; the fact that he will gain or lose 
 by the event of the trial.* The interest 
 to disqualify a witness must be some legal, 
 certain and immediate interest, however 
 minute, in the result of the cause, or in the 
 record, as an instrument of evidence, ac- 
 quired without fraud. 2 Stark. Evid. 
 (part 4,) 744. 
 
 INTEREST. Lat It concerns; it is 
 for the advantage or benefit. Interest rei- 
 publiccB ; it concerns the state or com- 
 monwealth ; it is for the benefit or welfare 
 of the community ; it is for the .common 
 good. See Expedit. 
 
 Interest (imprimis) reipnblicae ut pax in 
 regno conserretar, et qnaecunque paci adver- 
 sentur provide declinentnr. It especially 
 
 concerns the state that peace be presented 
 in the kingdom, and that whatever things 
 are against peace be prudently avoided. 2 
 Inst. 158. 
 
 Interest reipnblicsB ne maleficia remane- 
 
 ant impnnita. It concerns the state that 
 crimes remain not unpunished. Jenkins' 
 Cent. 30, 31, case 59. Wingate's Max. 
 601. 
 
 Interest reipnblicse qnod liomines conser- 
 
 rentur. It concerns the state that [the 
 lives of] men be preserved. 12 Co. 62, 
 Mouse's case. 
 
INT 
 
 (91) 
 
 INT 
 
 Interest leipublics res jndicatas non les- 
 
 cindi. It concerns the state that things 
 adjudicated be not rescinded. 2 Inst. 360. 
 It is a matter of public concern that solemn 
 adjudications of the courts should not be 
 disturbed. See Best on Evid. 41, 44. 
 
 Interest reipnblicae suprema hominuni tcsta- 
 menta rata haberi. It concerns the state 
 that men's last wills be held valid, [or al- 
 lowed to stand.] Co. Litt. 236 b. 
 
 Interest reipublicse nt carceres sint in tnto. 
 It concerns the state that prisons be safe 
 places of confinement. 2 In^t. 589. 3 P. 
 Wms. 484. 
 
 Interest reipublicee ne sua qnis male ntatnr. 
 
 It concerns the state that persons do not 
 misuse their property. 6 (7o. 36 a, The 
 Dean and Chapter of Worcester's case. " It 
 is unreasonable that a lessee should, at his 
 pleasure, commit waste and destruction, 
 which is against the commonwealth." Id. 
 ibid. 
 
 Interest reipublicae ut sit finis litium. It 
 concerns the state that there be an end of 
 lawsuits. Co.Litt.ZQZ. It is for the general 
 welfare that a period be put to litigation. 
 A maxim constantly quoted, and with a 
 great variety of application ; as to express 
 the policy of acts of limitation, the duty of 
 courts to apply legal remedies efficiently, the 
 importance of finality in judicial decisions, 
 the doctrine of estoppel, &c. 3 Bl. Com. 308. 
 BrooitHs Max. [244, 254,] 2 SmiiKs Lead. 
 Cos. 238, note. Best on Hvid. 36, § 41. 
 " An old maxim, deeply fixed in the funda- 
 mentals of the common law." Story, J. 1 
 Sumner's E. 482, 492. 
 
 INTEREST OR NO INTEREST. A 
 term applied to a species of marine insu- 
 rance, otherwise called wagering, where 
 the insured had in fact no property on 
 bpard. This was prohibited in England 
 by statute 19 Geo. II. c. Zl, 2 Bl. Com. 
 460. 2 Steph. Com. 182. See Wager policy. 
 
 INTERFECTIO. Lat. [ivom inter ficere, 
 to kill.] In old English law. A killing. 
 Felonica inter/ectio ; a felonious killing. 
 Comb. 39. 
 
 INTERLAQTJEARE. L. Lat. In old 
 practice. To link together, or inter- 
 changeably. Writs were called interla- 
 queata, where severaL were issued against 
 several parties (as warrantors) residing in 
 different counties, each party being sum- 
 moned by a separate writ to warrant the 
 tenant, together with {simul cum) the other 
 warrantors. Fleta, lib. 5, c. 4, § 2. They 
 were, in other words, simul cum writs. 
 
 INTERLESSE. L. Fr. Interlined. 
 Kelham. 
 
 INTERLINEATION, [from l.sA,. inter, 
 between, and linea, a line. In conveyanc- 
 ing. A writing between lines. Addition 
 to a written instrument, by inserting one 
 or more words between the lines. 
 
 INTERLOCUTIO. L. Lat. Impar- 
 lance. See Imparlance, 
 
 INTERLOCUTOR. In Scotch practice. 
 An order or decree of court; an order 
 made in open court. 2 Swinton's R. 362. 
 Arkley's R. 32. 
 
 INTERLOCUTOR OF RELEVANCY. 
 In Scotch practice. A decree as to the 
 relevancy of a libel or indictment in a crimi- 
 nal case. 2 Alis. Crim. Pr. 3Y3. 
 
 INTERLOCUTORY. [L. Lat. interlo- 
 cutorius, from interloqui, to ^eak between, 
 to determine intermediately.] In practice. 
 Intermediate ; something done or deter- 
 mined between the commencement and ter- 
 mination of an action. See infra. 
 
 INTERLOCUTORY COSTS. In prac- 
 tice. Costs accruing upon proceedings in 
 the intermediate stages of a cause, as dis- 
 tinguished from final costs; such as the 
 costs of motions. 3 Chitt. Gen. Pr. 597. 
 
 INTERLOCUTORY DECREE. In 
 equity practice. A preliminary or inter- 
 mediate decree ; a decree which does not 
 determine the suit, but directs some fur- 
 ther proceedings before a final decree can 
 be had.* 3 Bl. Com. 452. A decree 
 pronounced for the purpose of ascertaining 
 matter of law or fact preparatory to a final 
 decree. 1 Barbour's Ch. Pr. 326, 327. 
 
 INTERLOCUTORY JUDGMENT. In 
 practice. A preliminary or intermediate 
 judgment.* A judgment given in the 
 course of an action, upon some plea, pro- 
 ceeding or default, which is only inter- 
 mediate, and does not finally determine or 
 complete the suit ; such as a judgment for 
 the plaintiff on a plea in abatement, in 
 which it is considered by the court that 
 the defendant do answer over, {respondeat 
 ouster,) that is, put in a more substantial 
 plea. But the interlocutory judgments 
 most usually spoken of are those incom- 
 plete judgments, whereby the right of the 
 plaintiff is established, but the quantum of 
 damages sustained by him is not ascer- 
 tained; which is the character of most 
 judgments rendered on default.* 3 Bl 
 Com. 396, 397. 1 Tidd's Pract. 568. 
 
 INTERLOCUTORY ORDER. Inprac- 
 An order made during the progress 
 
 tice. 
 
INT 
 
 (92) 
 
 INT 
 
 of a suit, upon some incidental matter 
 which arises out of the proceedings.* 
 Termes de la Ley. 
 
 INTERLOCUTORY SENTENCE. In 
 the civil law. A sentence upon some indi- 
 rect question arising from the principal 
 cause. Hallifax, Anal. b. 3, ch. 9,' num. 40. 
 
 INTERLOQUELA. L. Lat. Impar- 
 lance. See Imparlance. 
 
 INTERLOQUITOR. In old Scotch 
 practice. An interlocutory decree or deci- 
 sion. 3 State Trials,. 689. See Interlo- 
 cutor of relevancy. 
 
 INTERNATIONAL LAW. [Lat. jus 
 inter gentes.J The law which regulates 
 the intercourse of nations ; the law of na- 
 tions. 1 Kent's Com. 1, 4. The customary 
 law which determines the rights and regu- 
 lates the intercourse of independent states 
 in peace and war. 1 Wildman's Intern. 
 Law, 1. 
 
 A distinction has been made by some 
 writers between international law and the 
 law of nations. See Wheaton's Elem. 
 Intern. Law, 19, note (a.) It is remaried 
 by Chancellor Kent, that international law 
 seems to relate more particularly to rights 
 and duties arising from social, commercial 
 and pacific intercourse between different 
 nations, and may be subdivided into pub- 
 lic and private international law. 1 Kents 
 Com. 61, note. Other writers advocate 
 the use of the term, in place of that of the 
 law of nations, as more appropriate and 
 expressive. See Wheat. El. Int. Law, 
 ubi supra. 
 
 INTERNUNCITJS. Lat.' [from inter, 
 between, and nuncius, a messenger.] A 
 messenger between two parties ; a go-be- 
 tween. Applied to a broker, as the agent 
 of both parties. 4 Sob. Adm. R. 204. 
 
 INTERPLACITARE. L. Lat. [from 
 inter, between, and placitare, to plead or 
 litigate.] To inquire into a point arising 
 incidentally or collaterally in a cause, be- 
 fore determining the principal matter ; to 
 interplead. Spelman. 
 
 INTERPLEAD, Interplede, JSnterplede. 
 [from Fr. entreplaider, from entre, between, 
 and pleder, to litigate j L. Lat. interplaci- 
 tare.'\ In ancient practice. To discuss or 
 try a point incidentally arising, before the 
 principal cause can be determined, by 
 making the parties concerned litigate it 
 between them. Blount. Bro. Abr. Enter- 
 pleder. 
 
 In modern practice. To settle a ques- 
 tion of right to certain property or money 
 
 adversely claimed, by the litigation of the 
 claimants, for the benefit or security of a 
 third person who holds the property or 
 money claimed, but is in doubt to which 
 party he shall pay or deliver it.* See infra. 
 
 INTERPLEADER. In practice. A 
 rnode of obtaining the settlement of a ques- 
 tion of right to certain property or money 
 adversely claimed, by compelling the par- 
 ties claiming it to interplead, that is, to 
 litigate the title between themselves, for the 
 benefit and relief of a third person of whom 
 they claim. Thus, where an article of pro- 
 perty, sum of money or fund in the hands 
 of a person having himself no interest in or 
 claim to it, is claimed adversely by two or 
 more parties, and such person is in doubt to 
 which of them he shall pay or deliver it, 
 he may relieve himself from liability' or 
 litigation by Compelling the claimants to 
 interplead, that is, to litigate the title be- 
 tween themselves, instead of litigating it 
 with him. This is usually done in equity 
 by filing what is called a bill of interplea- 
 der. See 2 Story's Equity Jur. §§ 805, 
 806. 3 Bl. Com. 448. 2 Kent's Com. 
 668. Story on Bailm. §§ 110—112. 3 
 BanielVs Ch. Pr. (Perkins' ed.) 1753, et seq. 
 
 In England, by the Interpleader Act, 1 
 & 2 Will. IV. c. 58, summary proceedings 
 at law are provided for the same purpose, 
 in actions of assumpsit, debt, detinue and 
 trover. 3 Steph. Com. 704, 705. 
 
 Interpietari ct concordare leges legibus est 
 optimus interpretandi modus. To interpret, 
 
 and [in such a way as] to harmonize laws 
 with laws, is the best mode of interpreta- 
 tion. 8 Cb. 169 a, Paris Slaughter's case. 
 
 Interpretatio fienda est ut res valeat. In- 
 terpretation is to be [so] made that the 
 subject of it may have effect. Jenle. Cent. 
 198, case 12. 
 
 Interpretatio talis in ambiguis semper fien- 
 da est, ut eritetur inconrcniens et absurdum. 
 In cases of ambiguity, such an interpreta- 
 tion should always be made, that what is 
 inconvenient and absurd may be avoided. 
 4 Inst. 328. 
 
 INTERPRETATION. [Lat. interpre- 
 tatio, from interpretari, to interpret ; inter- 
 pres, an interpreter. See Lieher's Herme- 
 neutics, (1839,) 20, note.] Explanation or 
 exposition of meaning. The explanation 
 or authoritative declaration of the meaning 
 of an instrument, or of some clause or word 
 in it. Sometimes held to be the same with 
 construction, and used indifferently with 
 that word; but sometimes distinguished 
 
INT 
 
 (93) 
 
 INT 
 
 from it. See Construction. As to the 
 interpretation of statutes, see Sedgwiclc on 
 Stat. <& Const. Law, chap. 6. 1 Kent's 
 Com. 460. As to the interpretation of 
 treaties, see let. 174. Sedgwick, chap. 9. 
 As to the interpretation of the constitution 
 of the United States, see 1 Kent's Com. 243. 
 
 INTEREOGARE. Lat. In the civil 
 law. To propose a law ; to request the 
 passage of it ; to move its adoption. Lex 
 est quodpopulus Romanus, senatorio magis- 
 tratu interrogante, {yeluti consule,) consti- 
 tuebat ; a law (that is, lex, in the proper 
 sense,) is that which the Roman people, on 
 the proposition or motion of a senatorial 
 magistrate, (such as a consul,) enacted. 
 Inst. 1. 2. 4. Rogare (q. v.) was more 
 commonly used in the same sense. 
 
 In old English practice. To call or de- 
 mand a party. Quod faciat eum inter- 
 rogari de eomitatu in comitatum ; that he 
 cause him to be demanded from county 
 court to county coutt. Bract, fol. 149. 
 
 INTERROGATORY. [L. Lat. interro- 
 gatorium, from interrogare, to ask.] In 
 practice. A question in writing. Inter- 
 rogatories are sets of questions in writing 
 drawn up according to a certain form, and 
 proposed or intended to be proposed to 
 witnesses in a cause, and sometimes to 
 other parties. Where witnesses in a cause 
 are examined out of court, as under a com- 
 mission issued for the purpose, it is done by 
 means of written interrogatories and cross- 
 interrogatories, previously prepared and 
 settled between the parties, according to 
 the practice of the court, and annexed to 
 the commission. 2 Tidd's Pr. 810 — 812. 
 3 GUtt. Oen. Pr. 816. 1 Burr. Pr. 444. 
 
 The ordinary mode of examining wit- 
 nesses in courts of equity, and other courts 
 proceeding according to the course of the 
 civil law, is upon interrogatories and cross- 
 interrogatories. 2 DanielVs Ch. Pr. (Per- 
 iins' ed.) 1045, et seq. 4 Steph. Com. 25. 
 And interrogatories are also used in pro- 
 ceedings upon attachments for contempts. 
 1 Tidd's Pr. 481. 
 
 INTERRUPTIO. Lat. [from interrum- 
 pere, to break through or apart.] Interrup- 
 tion. A term used both in the civil and 
 common law of prescription. Calv.Lex. In- 
 teiruptio multiplex non tollit prescriptionem 
 semel Obtentam. Manifold or repeated in- 
 terruption does not take away or defeat a 
 prescription once obtained. 2 Inst. 654. 
 
 INTERRUPTION. [Lat. interruptio, 
 q. v.] In Scotch law. The breaking 
 
 through of that possession on which a 
 prescriptive title rests. Bell's Diet. A 
 claim of right made by the true proprietor, 
 during the course of prescription. Whi- 
 shaw. The term 'is also used in the 
 modern English law of prescription. 1 
 Crabb's Real Prop. 348, § 394. 
 
 INTERTIARE, Interciare. L. Lat. 
 [from Fr. entiercer.'] In old European law. 
 To put into a third hand, {in manum ter- 
 tiam ponere ;) to deliver to a third person, 
 (tertio tradere ;) to call upon or vouch a 
 third person, (tertium advocare;) to se- 
 quester. L. Salic, tit. 49. Spelman. 
 
 In Saxon law. To call or vouch to 
 warranty, (ad warrantum provocare.) LL. 
 Edw. Conf. c. 25. Spelman. 
 
 INTERVALLUM. Lat. In old Eng- 
 lish law. An interval of time or place. 
 Nisi lucidis gaudeat intervallis ; unless he 
 enjoy lucid intervals. Bract.fol.12. Bum, 
 tamen dilucidis gauderet intervallis; pro- 
 vided he enjoy lucid intervals. Id. fol. 
 43. See Id. fol. 420 b. Fleta, lib. 6, c. 
 40, § 1. JSx intervallo ; after an interval. 
 Id. lib. 2, c. 60, § 2. 
 
 INTERVENIRE. Lat. [from inter, 
 between, and venire, to come.] In the 
 civil law. To intervene or come between ; 
 to substitute one's self for another ; to as- 
 sume the obligation of another ; to assume 
 the prosecution or defence of another's 
 cause ; to intercede or supplicate. Calv. 
 Lex. 
 
 INTERVENTION. [Lat. interventio, 
 from intervenire, q. v.] In the civil law. 
 A coming between parties. The act by 
 which a person, not originally a party to a 
 suit or proceeding, but claiming an interest 
 in the subject matter in dispute, interposes 
 his claim, or comes in between the parties, 
 and thus makes himself a third party to 
 the proceeding. See 2 Chitt. Gen. Pr. 
 492. Intervention is unknown in the 
 English courts of law and equity, but is 
 admitted in the practice of the ecclesiasti- 
 cal courts. Id. ibid. 
 
 INTESTABILIS. Lat. [from in, priv. 
 and testari, to testify.] In the civil law. 
 That cannot testify ; one whose testimonv 
 cannot be received; an incompetent or 
 disqualified witness. Calv. Lex. 
 
 INTESTABLE. [Lat. intestabilis.] In- 
 competent to make a will. 2 Steph. Com. 
 234. But intestabilis (q. v.) properly had 
 another signification. 
 
 INTESTACY. The state of an intestate ; 
 the condition of a party who dies without 
 
INT 
 
 (94) 
 
 INT 
 
 having made a ■will. 2 Kenii Com. 408. 
 See Intestate. 
 
 INTESTATE, [tat. intesiato, intesta- 
 tus, qq. v.] Without a jyUl ; a person who 
 dies without making a wUl; or without 
 making a valid will. 2 Bl. Com. 494. 2 
 Lewi's Com. 408, 409. The opposite of 
 testator, (q. v.) One who makes a will 
 and appoints executors, who refuse to act, 
 is said in the books to die qua^i intestate. 
 2 Inst. 397. Cowell. Lovelass on Wills, 
 1. This is borrowed from the civil law. 
 See Intestatus. 
 
 INTESTATO. Lat. In the civil law. 
 Intestate; without a will. Diff. 50. 17. 7. 
 Call). Lex. 
 
 INTESTATUS. Lat. [from in, priv. 
 and testare, to make a wUl.J In the civil 
 and old English law. An intestate ; one 
 who dies without a will. Digi. 50. 17. 7. 
 Fleta, lib. 2, c. 57, § 10. Intestatus de- 
 cedit, qui aut omnino testamentum non 
 fecit, aut non jure fecit, aut id quodfecerat 
 ruptum irritumve factum est, aut nemo 
 ex eo hceres extitit ; a man dies intestate 
 who either has not made any will at all, 
 or has not made it in due form of law ; or 
 if the will which he has made is cancelled 
 or broken ; or if no one will become heir 
 under it. Inst. 3. 1, pr. Dig. 38. 16. 1. 
 Id. 50. 16. 64. See Ab intestato. 
 
 INTIMATION. In Scotch law. No- 
 tice ; judicial notice of any proceeding. 
 
 Notice of an assignation (assignment) 
 given to a debtor, made either by a notarial 
 instrument, or by a private acknowledg- 
 ment endorsed by the debtor on the as- 
 signation. BelPs Diet. Karnes' Equity, 
 b. 1, part 2, sect. 3. 
 
 INTITLE. An old form of Entitle. 
 6 Mod. 304. 
 
 INTOL AND UTTOL. In old records. 
 Toll or custom paid for things imported 
 and exported, or bought in and sold out. 
 Cowell. 
 
 INTRA. Lat. Within. Si quis sic 
 dixerit, ut intra diem, mortis ejus aliquid 
 fiat ; ipse quoque dies, quo quis mortuus 
 est numeratur ; if one should use this ex- 
 pression, that something should be done 
 within the day of his death, the day on 
 which he died shall be included in the 
 computation. Dig. 50. 16. 133. See 
 Infra. 
 
 In ; by ; near. Calv. Lex. 
 
 INTRA ANNI SPATIUM. Lat. With- 
 in the space of a year. Cod. 5. 9. 2. In- 
 tra annale tempus. Id. 6. 30. 19. 
 
 INTRA FIDEM. Lat. Within beUef; 
 credible. Cdlv. Lex. 
 
 INTRA LUCTUS TEMPUS. Lat. 
 Within the time of mourning. Cod. 9. 
 1, auth. 
 
 INTRA M^NIA. Lat. Within the 
 walls, (of a house.) A term applied to do- 
 mestic, or menial servants. 1 Bl. Com. 425. 
 
 INTRA PARIETES. Lat. Between 
 walls ; among friends ; out of court ; with- 
 out litigation. Calv. Lex. 
 
 INTRA PRJESIDIA. Lat. Within 
 the defences. Dig. 49. 15. 5. 1. See /«- 
 fra prcBsidia. 
 
 INTRA QTJATUOR MARIA. Lat. 
 Within the four seas. Shep. Touch. 378. 
 
 INTRARE. L. Lat. In old English 
 practice. To enter. 
 
 In old records. To take in land ; to 
 drain marshy land, and reduce it to herb- 
 age or pasture ground ; to inn it. Cowell. 
 
 INTRATIO. L. Lat. [from intrare, to 
 enter.] In old practice. An entry. 
 
 INTRINSECUS, Intrinsecum. Lat. 
 [from intra, within.] That which is with- 
 in ; intrinsic ; done or taken within. 
 The opposite of forinsecus, (q. v.) Ap- 
 plied, in old English law, to that kind of 
 service which was expressed in the charter 
 and instrument, and remained to the chief 
 lord. Bract, fol. 35 b. 
 
 INTROMISSION. [Lat. intromissio, 
 from intromittere, q. v.] In Scotch law. 
 The assuming possession of property 
 belonging to another, either on legal 
 grounds, or without any authority ; in- 
 termeddling. The irregular intermed- 
 dling with the effects of a deceased per- 
 son, which subjects the party to the 
 whole debts of the deceased, is called 
 viiious intromission. Karnes^ Equity, b. 3, 
 c. 8, sect. 2. 
 
 INTROMITTERE. Lat. [from intra, 
 within, and mittere, to send.] To intro- 
 duce or let in. Intromittere se ; to intro- 
 duce or intrude one's self; to intermeddle 
 with. De causa testamentaria curia regis 
 se non intromittit; with a testamentary 
 cause the king's court does not intermed- 
 dle. Bract, fol. 61. 
 
 INTRUSION. [Lat. intrusio, q. v.] In 
 English law. The entry of a stranger, 
 after a particular estate of freehold is de- 
 termined, before him in remainder or re- 
 version. A species of injury by ouster or 
 amotion of possession of the freehold, which 
 happens where a tenant for term of life 
 dies seised of certain lands and tenements. 
 
INV 
 
 (95) 
 
 INV 
 
 and a stranger enters thereon after such 
 death of the tenant, and before any entry 
 of him in remainder or reversion. Co. 
 Litt. 211. F. N. B. 203, 204. 3 Bt. 
 Com. 169. 3 Steph. Com. 483. Such 
 stranger is termed, in the technical sense 
 of the word, an intruder. Id. ibid.^ See 
 Intrusio. 
 
 INTRTJSIO. Lat. [from intruders, to 
 intrude or thrust in.] Intrusion. Intrusio 
 est ubi quis (cui nullum jus competit in re, 
 nee scintilla juris,) possessionem vacuum 
 inpreditur, &c. ; Intrusion is where one 
 who has no right nor spark of right in the 
 thing, enters upon a vacant possession, as 
 on an estate in abeyance {hoereditatem 
 jacentem,) before entry by the heir, or by 
 the chief lord, &c. ; or if after the death of 
 one who held for life, where the tenement 
 ought to return to the owner, a person puts 
 himself into seisin, before thetenenient can 
 come to him to whom it ought to come. 
 Bract, fol. 160. 
 
 INTUITUS. Lat. [from intueri, to look 
 upon or view.] A view ; regard ; contem- 
 plation. Diverso intuitu, (q. v. ;) with a 
 different view. 
 
 View or sight. Intuitu Dei; in the 
 sight of G-od. Moff. Chart, pr. 
 
 INURE. More commonly written enure, 
 (q. V.) 
 
 INUTILIS. Lat. [from in, priv. and 
 utilis, useful, effectual.] Useless ; without 
 force or effect. Inutilis stipulatio; an 
 ineffectual or void stipulation. Inst. 3. 20. 
 1, 5, 6. See Utilis. 
 
 lautilis labor, et sine fructu non est 
 effectus legis. Useless and fruitless labor 
 is not the effect of law. Co. Litt. 127 b. 
 The law forbids such recoveries whose 
 ends are vain, chargeable and unprofitable. 
 Id. ibid. Wingate^s Max. 110, max. 38. 
 
 See lex neminera cogit, &c. 
 
 INVADIARE, Inwadiare. L. Lat. 
 [from in, and vadiare, to pledge.] In 
 feudal and old European law. To pledge ; 
 to engage or pledge lands ; to mortgage. 
 Habenda sibi et hmredibus et cuicunque dare, 
 vendere, invadiare, assignare, <S:c. voluerint ; 
 to have to him and his heirs, and to whom- 
 soever they may choose to give, sell, mort- 
 gage or assign, <fec. Kennetfs Paroch. 
 Ant.262. Cowell. Spelman. See Vadiare. 
 
 INVADIATIO. L. Lat [from inva- 
 diare, q. v.] A pledge or mortgage. Con- 
 firmamus eis omnes alias donationes, vendi- 
 tiones et invadiationes, eis rationabiliter 
 factas ; we confirm to them all other gifts. 
 
 sales and mortgages, reasonably made to 
 them. \M(m.Angl.4,1%. Cowell. Blount. 
 
 INVADIATUS. L. Lat. [from invadi- 
 are, q. v.] One wio is under pledge ; one 
 who has had sureties or pledges given for 
 him. Spelman, voc. Invadiare. 
 
 A person acquitted, {absolutus.) Id. 
 IngulfuS, cited ibid. 
 
 INVALID. [Lat. invalidus, from in, 
 priv. and validus, strong.] Not valid; 
 without force or legal efficacy ; void. 
 
 INVECTAETILLATA. Lat. - In the 
 civil law. Things carried in and brought 
 in. Articles brought into a hired tene- 
 ment by the hirer or tenant, and which be- 
 came or were pledged to the lessor as 
 security for the rent. Dig. 2. 14. 4, pr. 
 Id. 20. 1. 32. Id. 20. 2. 2, et seq. The 
 phrase is adopted in Scotch law. See 
 BelVs Diet. 
 
 INVENIENDO. L. Lat. In old con- 
 veyancing. Finding. One of the words 
 by which a rent might formerly be re- 
 served. Co. Litt. 47 a. 
 
 INVENIEE. Lat. To find. Inveni- 
 ens ; finding. Inventus; found. Inveni- 
 ens libellum famosum et non corrumpens 
 punitur ; he who finds a libel, and does 
 not destroy it, is. punished. Moor, 813. 
 An old rule derived from the civil law. 
 
 INVENTARIUM. Lat. [from invenire, 
 to' find.] In the civil law. A formal 
 enumeration and setting down in writing of 
 the property /oMwcf to belong to an inheri- 
 tance; (legitima bonorum in hcereditate 
 repertorum annotatio et in scripturam*re- 
 
 ductio.) Calv. Lex. Cod. 6. 30. 22. 1 4 
 
 Dig. 26. 7. 7, pr. 
 
 This word is retained in the Greek of 
 the Novels, no equivalent Greek word 
 being used. JVov. 1, c. 2, § 1. 
 
 INVENT. [Lat. invenire.] To find out. 
 To contrive and produce something that 
 did not exist before. 
 
 INVENTIO. L. Lat> [from invenire, to 
 find.] In the civil law. Finding ; one of 
 the modes of acquiring title to property by 
 occupancy. Heinecc. Mem. Jur. Civ. lib. 
 2, tit. 1, § 350. Sometimes Englished 
 invention. 
 
 In old English law. A thing found ; as 
 goods, or treasure trove. Cowell. The 
 plural inventiones is also used Id 
 
 INVENTION. [Lat. inventio, from in- 
 venire, to find out.] A finding out The 
 act or operation of finding out something 
 new; the contrivance of something which 
 did not before fi-yist. * n7v,;,„/-„ jj - 
 
 did not before exist.* Webster. 
 
INV 
 
 (96) 
 
 IPS 
 
 of Congress, July 4, 1836. 2 Kents Ccm,. 
 366, et seq. 
 
 INVENTORY. [Lat. inventarium, in- 
 ventorium.'] A list of goods found, {inr 
 venta.) A list or schedule in writing, 
 of the goods, chattels and credits [and 
 sometimes of the real estate] of a testator 
 or intestate, made by an executor or ad- 
 ministrator.* Cowell. 2 Williams on 
 Exec. 834, 841. 2 Kenfs Com. 414. A 
 term derived from the inventarium (q. v.) 
 of the civil law. 
 
 INVENTUS. Lat. [from mwmire, q. v.] 
 In old English law. Found. Thesaurus 
 inventus ; treasure trove. Non est inventus ; 
 [he] is not found. 
 
 INVEST. [L. Lat. investire, from in, 
 and vestire, to clothe; Fr. invester.'\ To 
 give possession ; to put into possession ; 
 to put one in possession of a fee, estate, or 
 office newly acquired. Spelman, voc. In- 
 vestire. Cowell. To clothe with possession ; 
 to clothe possession with the solemnities of 
 law. A term derived from the feudal law. 
 See Investiture. 
 
 INVEST. [See supra.] To lay out 
 money or capital in some permanent form 
 so as to produce an income ; to clothe it in 
 something. Properly applied to capital 
 not actively employed. Thompson, C. J. 
 15 Johns. B. 358, 384. 
 
 INVESTITURE. [L. Lat. investitwra.] 
 In feudal law. The delivery of actual cor- 
 poreal possession of lands or tenements 
 given or granted to another, with certain 
 ceremonies or solemnities ; which was held 
 absolutely necessary to complete the dona- 
 tion.* 2 £1. Com. 311. Id. 53. The 
 same with livery of seisin in the ancient 
 English law. Id. ibid. Feudum sine in- 
 vestitura nullo modo constitui potuit ; a fee 
 could in no way be created without inves- 
 titure. Wright on Tenures, 37. 
 
 Investiture is a metaphorical term, which, 
 as Lord Mansfield observes, " the feudists 
 took from clothing, [vestimentum ;] by 
 which they meant to intimate that the 
 naked possession was clothed with the 
 solemnities of the feudal tenure." 1 Burr. 
 60. Bracton says of naied possession, 
 (nuda possessio,) that it is so called because 
 it is not protected by any clothing, {eo quod 
 non vallatur aliquo vestimento.) Bract. 
 fol. 169 b, 160. 
 
 INVITO DOMINO. Lat. Agamst the 
 will of the owner. Fleta,\ih. 1, c. 38, § 1. 
 
 Invito bcneflcium non datur. A benefit 
 
 is not conferred on an unypilling party. 
 
 Dig. 50. 17. 69. No one is obliged to 
 accept a benefit against his will. 
 
 INVITUS. Lat. Unwilling; against 
 the will or inclination; without the con- 
 sent ; by or under coercion or compulsion. 
 In invitum, (q. v. ;) against an unwilling 
 or resisting party. 
 
 INVOICE, [from Fr. envoyer, to send.] 
 A li^t or account of goods or merchandise 
 sent or shipped by a merchant to his cor- 
 respondent, factor or consignee, containing 
 the particular marks of each description of 
 goods, the value, charges and other par- 
 ticulars. Jacohsen!s Sea Laws, 302. — A 
 writing made on behalf of an importer, 
 specifying the merchandise imported, and 
 its true cost or value. Andrews on Bev. 
 Laws, § 294. 
 
 INWADIARE. L. Lat. In old Euro- 
 pean law. To pledge. LL. Longob. lib. 1, 
 tit. 14, 1. 10. See Invadiare. 
 
 I. 0. U. I owe you. A simple form of 
 acknowledging a debt in writing, in use 
 among merchants, but more common in 
 England than in the United States. 
 " [Date.] L O. U. 201. A. B." It is re- 
 garded in law as a mere memorandum or 
 evidence of debt, not amounting to a pro- 
 missory note. Chitty on Bills, 526. 
 
 IPSE. Lat. He himself ; he alone; the 
 very man. Ipsi, ipsoe ; they themselves. 
 
 Ipese [etenim] leges cupiunt ut jure regantur. 
 [For] the laws themselves desire to be 
 governed by right. A hexameter line 
 quoted by Lord Coke from Cato, and 
 repeatedly used as a maxim. 2 Co. 25 b, 
 The case of Bankrupts. 3 Co. 32 b, But- 
 ler and Baker'' s case. 5 Co. 100 a, Booke's 
 case. 8 Co. 152 a, Altham^s case. Co. 
 Litt.l14:\>. 
 
 IPSISSIMIS VERBIS. Lat. In the 
 very same words ; in the exact words. 7 
 Howard's B. 719. Applied to the state- 
 ment of the language of a deceased wit- 
 ness. See 5 Ohio St. B. 325. 
 
 IPSO FACTO. L.Lat. By the act or 
 fact itself; by the very act; by the mere 
 effect of tbe act or fact, without any other 
 act or proceeding. " Insanity does not 
 work a dissolution of partnership, ipsofacto^ 
 3 Kenfs Com. 58. That is, it does not of 
 itself work a dissolution, but is only a 
 ground for proceedings to obtain a disso- 
 lution. Id. ibid. See 2 Bl. Com. 137. 
 3 Id. 19. Cro. Mis. 679. 
 
 IPSO JURE. Lat. By the law itself; 
 by tlie mere operation of law. Bacon^s 
 Works, iv. 330. Calv. Lex. 
 
IRR 
 
 (97) 
 
 IRR 
 
 IRA MOTUS, Lat. Moved or excited 
 by anger or passion. A term sometimes 
 formerly used in the plea of son assault 
 demesne, 1 Tidd's: Pr. 645. 
 
 IRE. Lat. In old English law and 
 practice. To go; to be dismissed from 
 court, or discharged from legal restraint. 
 Ire ad largum ; to go at large. Plowd. 37. 
 See Eat inde sine die, Ibimus. 
 
 IRENARCHA. Graeco-Lat. [from Gr. 
 tipiivti, peace, and apy^, government;] In 
 the Roman law. An officer whose duties 
 are described in I^iff. 5. 4. 18. 7. See Id. 
 48. 3. 6. Ood. 10. 76. Literally, a peace 
 officer pr magistrate. 
 
 IRREGULAR. [L. Lat. irregularis, 
 from in, priv. and regula, *, rule.] ' Out of 
 rule; not 'according to rule. Bqq Irregu- 
 larity. 
 
 IRREGTJLARITAS. L. Lat. In old 
 English law. Irregularity. Ne eommittat 
 irregulariiatem ; lest he be guilty of irregu- 
 larity. Bract, fol. 407. 
 
 IRREGULARITY. [L. Lat. irregulari- 
 tas, from irregularis-l In practice. De- 
 parture from mle (regula ;) non-observance 
 of rule.* The want of adherence to some 
 prescribed rule or mode of proceeding ; 
 consisting either in omitting to do some- 
 thing that is necessary for the due and 
 orderly conducting of a suit, or doing it in 
 an unseasonable time, or improper manner. 
 1 Tidd's Pr. 512. Irregularity is the 
 technical term for every defect in practical 
 proceedings, or the mode of conducting an 
 action or defence, as distinguishable from 
 defects in pleadings. 3 Chitt. Gen, Pr. 
 509. It is a comprehensive term, including 
 all formal objections to practical proceed- 
 ings. Id, ibid, 
 
 IRREI8, Irrgs, Irrois. L. Fr. Irish. 
 Kelham. 
 
 IRRELEVANT. In the law of evidence. 
 Not relevant ; not relating or applicable 
 to the matter in issue ; not supporting the 
 issue 
 
 IRREPLEGIABILI8. L. Lat. [from in, 
 priv. and replegiahilis, repleviable, bailable.] 
 In old English law. Not bailable. Et sit 
 hujusmodi incarceratus irreplegiabilis ; and 
 one so imprisoned shall not be bailable. 
 StaUWestm. 2, c. 11. 
 
 Irrepleviable. See Irrepleviahle. 
 
 IRREPLEVIABLE, Irreplevisable. [L. 
 Lat. irreplegiabilis.'] That may not, or 
 ought not by law to be replevied, delivered 
 or set at large upon sureties. Stat. 13 
 Edw. I. c. 2. Applied originally to per- 
 
 sons as well as property, though in modern 
 law exclusively to the latter. 
 
 IRRER. L. Fr. To journey; to per- 
 form an i/er or eyre. Kelham. 
 
 IRRESISTIBLE FORCE. In the law 
 of baihneht. Such an interposition of 
 human agency, as is, from its nature and 
 power, absolutely uncontrollable ; such as 
 the inroad of a hostile army, robbery by 
 force, &c. Storg on Bailm, §§ 25, 26. 
 See Vis major. 
 
 IRRETITUS. L. Lat. In old Euro- 
 pean law. Summoned to court to do jus- 
 tice, or to answer an accusation, (ad rectum 
 vocatus?^ Spelman. Arrected or arretted ; 
 quasi inrectatus. Id. See Arrected. 
 
 IRRIGATION. [Lat. irrigatio, from 
 irrigare, to water.] Watering; the act of 
 watering land ; the operation of caus- 
 ing water to flow over lands' for agricul- 
 tural purposes. See Angell on Water- 
 Courses, § 120, ei seq. 
 
 IRRITANCY, [from Lat. irritum, void.] 
 In Scotch law. A becoming void or null ; 
 nullity. I Karnes' Equity, 228, 230, 234. 
 
 A clause in a conveyance declaring upon 
 what contingencies an estate shall become 
 void. Id. ibid. 
 
 IRRITANT. In Scotch law. Avoiding, 
 or making void ; as an irritant clause. See 
 Irritaricy. 
 
 IRRITUS, Irritum. Lat. [from in, priv. 
 and ratus, valid; Fr. irrite.] In the civil 
 law. Void; invalid; of no effect; in- 
 effectual. Applied, in a particular sense, 
 to a will where the testator, after making 
 it in due form, suffered tl^-at change of con- 
 dition called capitis diminutio, {cum is qui 
 fecit testamentum capite diminutus sit,) 
 which rendered it of no effect ; {hoc casu 
 irrita fieri testamenta dicuntur.) Inst. 2. 
 17. 4, 5. 
 
 In a more general sense, it was applied 
 to wills which were cancelled and to those 
 which were void ab initio ; (et quce rum- 
 puntur irrita fiunt, et ea quce statim ab 
 initio non jure fiunt, irrita sint.) Id. 2. 
 17. 5. 
 
 IRROGARE. Lat. [from in, upon, and 
 rogare, to propose a law/] In the civil law. 
 To impose or set upon, as a fine. Calv. 
 Lex, 
 
 To inflict, as a punishment. Id. 
 
 To make or ordam, as a law. Id. 
 
 IRROTULARE. L. Lat. [quasi inrotu- 
 lare ; from in, in, and rotulus, a roll.] In 
 old English law and practice. To enrol ; 
 to put on a roll or record. Et eum hwjus- 
 
ISS 
 
 (98) 
 
 ISS 
 
 modi inquisitiones captce fuerint, retornen- 
 tur in bands, et ibi fiat judicium, et irro- 
 tulentur ; and when such inquisitions stall 
 be taken, they shall be returned in the 
 benches, (the K. B. and C. B.) and there 
 shall judgment be rendered, and they be 
 enrolled. Stat. Westm. 2, c. 30. Sicut 
 per inspectionem irrotulamenti cartce prce- 
 dictce, in rotulis caruxllarice nostrce irrotu- 
 latae, nobis constat ; as by inspection of the 
 enrolment of the charter aforesaid in the 
 rolls of our chancery enrolled, appears to 
 us. Reg. Orig. 221. 
 
 IRROTULAMENTUM. L. Lat. [from 
 irrotulare, to enrol.] In old English prac- 
 tice. Enrolment ; an or the enrolment. 
 Reg. Orig. 221. 
 
 IRROTULATIO. L. Lat. [from irro- 
 tulare, q. v.] In old English practice. An 
 enrolment; an entry on record. Forma 
 irrotulationis talis esse debet ; the form of 
 the enrolment ought to be thus. Bract. 
 fol. 292. Et sic tota irrolulanda erit nar- 
 ratio ; and so the whole declaration shall 
 be enrolled. Id. ibid. Et sic fiat irrotu- 
 lalio ; ^nd the enrolment shall be made 
 thus. Id. fol. 299 b. Acta sive irrotula- 
 tiones ; proceedings or records. Id. fol. 
 lb. J?'toa,lib. 2, c. 65, § 11. 
 
 ISH. [O. Sc. ische.'] In Scotch law. 
 The period of the termination of a tack or 
 lease. Beirs Diet. 1 Bligh's R. 522. "At 
 the ische of ye quhilk terme." 1 Pitc. Cr. 
 Trials, part 2, p. 30. 
 
 isoTrnoN, ludrvirov. Gr. In the civil law. 
 A copy, (exemplar.) Nov. 22, epil. 
 
 ISSANT, Issantz. L. Fr. [from isser, 
 q. v.] Issuing. Tearb. T. 10 Edw. III. 
 11, 18. 
 
 ISSER. L. Fr. To go out or forth ; 
 to issue. Ne pusse entrer ne isser a sa 
 volunte ; may not go in, or go out at his 
 pleasure. JBritt. c. 42. Issist ; [he] went 
 out. Id. c. 80. Istra ; shall go out, shall 
 issue. Kelham. Fet Assaver, § 48. 
 
 ISSINT. L. Fr. So ; thus. Adonques 
 dirra il issint; then sball he say thus. 
 Britt. c. 22. Et i&smi poyes veier ; and so 
 you may see. Utt. sect. 51, 52, 53, 62. 
 Et puis dirra le countour issint : , que la 
 peace est tiel, a vous conge, que William et 
 Alice sa feme, &c. ; and afterwards the 
 counter shall say thus : that the peace is 
 such, with your leave, that William and 
 Alice his wife, &c. Stat. Mod. Lev. Fines. 
 This passage is sometimes diflferently points 
 ed in the original, and quite diflFerently 
 translated. 2 Inst. 510. 
 
 ISSUABLE. In practice. Leading to, 
 or producing an issue ; relating to an issue 
 or issues. See infra. 
 
 ISSUABLE PLEA. In practice. A 
 plea in chief to the merits, upon which the 
 plaintiff may take issue, and go to trial. 
 1 Tidd's Fr. ill. 1 Burr. Fr. 175. A 
 demurrable plea is not issuable. 6 Man. 
 & Or. 752. Nor is a plea in abatement. 
 1 Burr. 59. 3 Johns. R. 259. 
 
 ISSUABLE TERMS. In English prac- 
 tice. Hilary and Trinity terms are so 
 called, because in them issues are made up 
 for the assizes, and after them, the judges 
 usually go their circuits for the trial of such 
 issues. 3 Bl. Com. 353. 1 Tidd's Fr. 106. 
 
 ISSUABLY.^ In practice. In an issu- 
 able manner. Tke defendant is sometimes 
 put upon terms of pleading issuably. 1 
 Tidd's Fr. i'll. See Issuable plea. 
 
 ISSUE. Fr. and Eng. [from Fr. isser, 
 to go out ; to proceed or arise from ; L. 
 Lat. exitus.^ Offspring ; including not only 
 children, but all fineal descendants. See 
 infra. 
 
 The point of fact or law growing out of, 
 or resulting from the pleadings in an action. 
 See infra. 
 
 " ISSUE," in a will, is a word of very 
 extensive iftiport, embracing descendants of 
 every degree, whensoever existent. 2 Jar- 
 man on Wills, 328, (239, Perkins' ed.) 
 In other words, it may be taken to include 
 all generations of descendants however re- 
 mote. 1 Spence's Chancery, 543. It has 
 been called by Lord Hale, nomen collectivum, 
 and by Lord Kenyon, genus generalissimum. 
 1 Ventr. 231. 4 Term R. 299. 3 Id. 373. 
 In a deed, issue is taken universally as a 
 word of purchase ; in a will, it is taken as 
 a word of limitation or of purchase as will 
 best effectuate the devisor's intention, but 
 if not controlled by the context, it is, it 
 seems, a word of limitation. 1 Spence's 
 Chancery, 543. See Jarman on Wills, 
 chap. 40, where the subject is considered 
 at length. 
 
 The word issue, in a will, is, however, 
 sometimes understood in the restricted 
 sense of " children." 2 Jarman on Wills, 
 36, (27, Perkins' ed.) And see 1 White's 
 Eq. Cases, [27.] 4 Kmfs Com. 418, 419. 
 15 Mees. & W. 263. 3 A. K. MarshalVs 
 (Ky.) iJ. [289,] 1140. 28 Eng. Law d: 
 Eq. R. 375. 35 Id. 564. 
 
 ISSUE. [L. Fr. issw, issu ; L. Lat. 
 exitus.l In pleading. A single, certain 
 and material point issuing out of the allega- 
 
ISS 
 
 (99) 
 
 ITE 
 
 tions or pleas [pleadings] of the plaintiff 
 and defendant, [in an action at law,] con- 
 sisting regularly of an afiBrmative [on one 
 side] and a njegative [on the other ; and 
 presenting for decision, in a brief and con- 
 venient form, the essence of the whole mat- 
 ter in controversy between the two parties.]* 
 Co. Liu. 126 a. The production of an 
 issue is the object as well as the end and 
 effect of the system or process of pleading ; 
 and when, by means of this process, the 
 parties have arrived at a specific point 
 affirmed on the one side and denied on the 
 other, they are said to be at issue, (ad exi- 
 tum, that is, at the end of their pleading;) 
 and the emergent question itself is termed 
 the issue; being designated, according to 
 its nature, as an issue in fact, or an issue in 
 law. Steph. Plead. 24, 54. 3 El. Com. 
 314. 3 Sfeph. Com. 572. See Pleading, 
 Tender of issue. Joinder in issue. 
 
 ISSUE IN FACT, (or ISSUE OF 
 FACT.) \L.^v. issue en, fet.l In pleading. 
 An issue taken upon, or consisting of matter 
 oifaet ; the fact only, and not tiie law, be- 
 ing disputed;, and which is to be tried by 
 a'jnry. 3 Bl. Com. 314, 315. Co. Litt. 
 126 a. 3 Steph. Com. 672. Matter of 
 law, however, is sometimes involved in an 
 issue in fact, as in what are called general 
 
 ISSUE , IN LAW. [L. Fr. issu en ley.] 
 In pleading. An issue upon matter of law, 
 or consisting of matter of law, being pro- 
 duced by a demurrer on the one side, and 
 ajoinder in demurrer on the other. 3 Bl. 
 Com. 314. 3 Steph. Com. 572, 580. 
 Called by Finch, " an issue upon the law," 
 and "an issue of the law." Law, b. 1, 
 c. 4, n. 83 ; b. 4, c. 40. 
 
 ISSUE ROLL. In English practice. A 
 roll upon which the issue in actions at law 
 was formerly required to be entered, the 
 roll being entitled of the term in which the 
 issue was joined. 2 Tidd's Pr. 733. It 
 was not, however, the practice to enter the 
 issue at full length, if triable by the country, 
 until after the trial, but only to make an 
 incipitur on the roll. Id. 734. These 
 issue rolls have been abolished. Pleading 
 Rules, Hil. T. 4 Will. IV. 
 
 ISSUE. L. Fr. Issue; an issue, (in 
 pleading.) Vous dites chose q' veot avoir 
 deux issues, tenets vous al une ; you say a 
 thing that will have two issues, keep your- 
 self to one. Yearh. T. 1 Edw. IL 14. 
 
 Egress. Entre et issue. Britt. c. 54. 
 
 ISSUES. [L. Lat. exitus.] The pro- 
 
 fits of lands or tenements. Stat. Westm. 
 2, c. 39. 3 Bl. Com. 280. Not used in 
 the singular. 
 
 The profits growing from amercements 
 or fines. Term^s de la Ley. Cowell. 
 
 ITA. Lat. So. Ita semper fiat rtlatio 
 
 nt valeat dispositio. The relation should 
 always be so made that the disposition 
 may prevaiL 6 Co. 76. 
 
 ITA LEX SCRIPTA EST. Lat. So 
 the law is written. Dig. 40. 9. 12_. The 
 law must be obeyed, notwithstanding the 
 apparent rigor of its application. 3 Bl. 
 Com. 430. See iToc perquam durum, &c. 
 We must be content with the law as it 
 stands, without inquiring into its reasons. 
 
 1 Bl. Com. 32. 
 
 ITA QUOD. L. Lat. In old practice 
 So that. Formal words in writs. Ita quod 
 habeas corpus ; so that you have the body. 
 
 2 Mod:iBO. 
 
 ITA QUOD. L. Lat. In old convey- 
 ancing. So that. An expression which, 
 when used in a deed, formerly made an 
 estate upon condition. ZiW. sect. 329. Shep- 
 pard enumerates it among the three words 
 that are most proper to make an estate 
 conditional. Shep. Touch. 121, 122. The 
 term was also used in other instruments, 
 and continues to be employed in modern 
 law to denote a conditional provision. 2 
 Ld. Raym. 760, 766. Trimble, J. 1 Peters' 
 R. 226, 227. 
 
 ITA TE DEUS ADJUVET. L. Lat. 
 [L. Fr. ci Dieu vous aide.] So help you 
 God. The old form of administering an 
 oath in England, generally in connection 
 with other words, thus : Ita te Deus ad- 
 juvet, et sacrosancta Dei Uvangelia; So 
 help you God, and God's holy Evangelists. 
 Ita te Deus adjuvet et omnes sancti ; So 
 help you God and all the saints. WUles, 
 C. J. PTiZZes, 338. 
 
 ITEM. Lat. and L. Fr. Also. Utt. 
 sect. 5, 6, 12, 26, 27, et passim. A word 
 used in old instruments, and especially in 
 wills, to denote the commencement of a 
 new paragraph or section, containing a new 
 provision or disposition in addition to the 
 preceding one ; the first or introductory 
 one commencing with the word imprimis, 
 (q. V.) Hence is derived the common word 
 item, denoting a separate or distinct partic- 
 ular of an account or other thing.* Item 
 was an usual word in a will to introduce 
 new distinct matter; and the rule is there- 
 fore laid down, that. a clause thus intro- 
 duced is not mfluenced by, nor to influence 
 
ITE 
 
 (100) 
 
 JAC 
 
 a precedent or subsequent sentence, unless 
 it be of itself imperfect and insensible with- 
 out such reference. Trevor, C. J. 1 Salk. 
 239. The introduction of ihe ■word item 
 shows that the testator is dealing with a 
 new subject, and that the words follow- 
 ing apply to that only, and not the prece- 
 ding matter, unless the intention that they 
 should do so is plain. Bayley, J. 4 ^. c£ V. 
 669. See Also. 
 
 Item is also frequently used in old stat- 
 utes to denote the commencement of a 
 new division, as of a charter^ or section. 
 The second, fifth, and all the subsequent 
 chapters of the Statute Articuli cleri begin 
 with this word. In a charter of 31 Edw. 
 I. cited by Molloy, all the paragraphs after 
 the introductory one commence with item. 
 De Jur. Marit. 370. Fleta uses the word 
 repeatedly, in the sixtieth and sixty-first 
 chapters of his second boot. And see 
 Dyer, 74. 
 
 ITEM is sometimes used as a verb. 
 " The whole [costs] in this case that was thus 
 itemed to counsel." Bv/nh. 164, case 233. 
 
 ITEK. Lat. In the civil law. Way ; 
 a way or path ; a species of servitude or 
 easement incident to rural estates. Iter 
 est jus eundi, amhulandi hominis ; non 
 etiam jumentum agendi vel veJiicvMm; way 
 is a right for a man, of going or walking 
 over another's land ; bait not of driving a 
 beast or a vehicle. Inst. 2. 3, pr. It in- 
 cluded, however, the/right of passing on 
 horseback, (ejwes,) and of being carried in 
 a sedan chair, or litter, {sella aut lectica.) 
 Dig. 8. 3. Y, pr. Id. 8. 3. 12. 1 Mac- 
 keld. Civ. Law, 343, § 313. A clear dis- 
 tinction was made between iter, actus, and 
 via, which was adopted by Bracton, and 
 followed by Lord Coke. Inst. 2. 3, pr. 
 Bract, fol. 232. Co. Zitt. 56 a. And 
 see the opinion of Lojd Brougham, 4 
 BelFs Appeal Cases, 390. See Via. 
 
 ITER. [L. Fr. eyre, Sc. aire.] In old 
 English law. A journey ; particularly the 
 journey or circuit made or travelled by 
 those justices who were anciently commis- 
 sioned to go through the difierent counties 
 in England, to hold certain pleas, or deter- 
 mine certain causes, and who were hence 
 ,called justices itinerant, {justitiarii itine- 
 rantes.) Bract, fol. 108, 109. Spelman. 
 3 Bl. Com. b*l. The iter was more com- 
 monly- called, from the French, eyre, 
 answering to the modem circuit, and the 
 justices, justices in eyre. Id. ibid. See 
 Eyre, Justices in eyre. 
 
 The court itself, held by these justices. 
 Qualiter se gerere debeant in itinere siio; 
 how they ought to conduct themselves on 
 their eyres. Bract, fol. 109. Pbterit iter 
 multipliciter impediri, revocari, vel suspen- 
 di; the eyre may in various ways be pre- 
 vented, countermanded or suspended. Id. 
 fol. 110. A similar court, imder the name 
 of justice aire, was held in Scotland^ 
 Skene de Verb. Sign. voc. Iter. 
 
 ITER. Lat. [Fr. roMfe.] In maritime 
 law. A way or route. The route or di- 
 rection of a Voyage ; the route or way that 
 is taken to make the voyage assured, [iter 
 viagii.) Etherig. Tr. des. Ass. chap. 13, 
 sect. 5, § 1. Distinguished from the 
 voyage itself, /tZ. Distinguitur iter d 
 viaggio. Ca^aregis, disc. 67, n. 24. 
 
 ITERATO. iLat. In old practice. 
 Again ; a second time. Bract. foL 74. 
 Fleta, hb..2, c. 65, § 12. 
 
 ITERUM. Lat. In the civil law. A 
 second time. (trr. irfrtfov.) Dig. 2, 13, 
 1. 1,. 
 
 Again, (Gr, ndXiv.) Id. ibid. 
 
 Frequently, (scepius.) Id. ibid. 
 
 ITINERA . Lat. (pi. of iter.) Eyres, or 
 circuits. 1 Heeves' Hist. Eng. Law, 52. 
 
 ITINERANT. [L. Lat. i/imerans.] Go- 
 ing or travelling about. See Iter. 
 
 ITINERANTES. L. Lat. Itinerant; 
 travelling; in eyre. A term applied to 
 justices instituted by Hen. II. Called, in 
 the Black Book of the Exchequer, (c. 8,) 
 deambulantes et perlustrantes. 
 
 ITINEBARE. L. Lat. [from iter, q. v.} 
 In old. English law. To travel about; to 
 go on the iter, eyre, or circuit. Itinerave- 
 runi. Bract. foL 109, 109 b, Ad itine- 
 randum per comitatum talem, vel comitdtus 
 tales ; to travel through such a county or 
 counties. Id. ibid. 
 
 ITINERATIO. L, Lat, In old Eng- 
 lish law. An eyre, or circuit; the same 
 with iter, (q. v.) Spelman. Si infra 
 diem ilium incipiat itineratio ; if the eyre 
 begins within that day. Bract, fol. 110. 
 Quce sit utilitas itinerationis ; what is the 
 advantage of the eyre. Id. fol. 115 b. 
 
 J. 
 
 J is sometimes used for I, in the initial 
 letter of Institutiones, in references to the 
 Institutes of Justinian. 
 
 JA. L. Fr. Yet; never; nevertheless. 
 Kelham. Britt. c. 49, 93. 
 
 JACENS. Lat. [from jacere, q. v.J 
 
JAC 
 
 (101) 
 
 JEC 
 
 Lying ; fallen ; prostrate ; in al;>eyance. 
 Bract. foL 84. See Hoereditnn jaceni, 
 Jacere. 
 
 JACERE. Lat. In civil and old Eng- 
 lish law. To lie. Cum non jaceat in ore 
 tenentis dedicere ; since it lies not in the 
 mouth of the tenant to deny. Stat. Westm. 
 2, c. 9. Fleta, lib. 2, c. 50, § 1. 
 
 To lie, as an action; or proceeding in an 
 action, to have -pheej {locum habere ;) to, 
 be applicable or available; to be com- 
 petent or legally proper. Fleta, lib. 4, c. 
 1, § 16. Id. lib. 6, c. 8, § 9. Id. e. 21,; 
 §§ 18—23. 
 
 To be fallen, or in a state of prostration ; 
 to be unclaimed ; to be in abeyance. Calv. 
 Lex. JIoBreditas dum jacet non adita ; 
 an inheritance while it hes not entered 
 upon. Bract, fol. 44. 
 
 To be overthrown or defeated in a suit. 
 See JcKtivus. 
 
 JACET IN ORE. L. Lat In old 
 EngUsh law. It lies in the mouth. Meta, 
 lib. 5, c. 5, § 49. 
 
 JACTITATION. [L. Lat jactitatio, 
 from jactitare, to throw or give out fre- 
 quently.] A throwing or giving out; a 
 boiasting. See infrfi. 
 
 JACTITATION OF MARRIAGE. [L. 
 Lat. jactitatio matrimonii.^ In English 
 ecelesiastical law. A boasting or giving 
 out by a party that he or she is married to 
 another, whereby a common reputation of 
 their matrimony may ensue. This is one 
 of the first and principal of what are termed 
 matrimonial causes. 3 Bl. Com.. 93. 
 
 JACTIVUS, Jectivus. L. Lat In old 
 European law. One who is in default, or 
 loses by default Spelman.. Cowell. 
 
 JACTURA. Lat. [from jacere, to throw.] 
 In the civil law. A throwing of goods 
 overboard in a storm ; jettison. Loccenius, 
 de Jur. Mar. lib. 2, c. 7, § 1. 
 
 Loss from such a cause. Calv. Lex. 
 
 Loss, generally. Id. 
 
 J ACTUS. Lat. [from jaeere^ to throw.] 
 In the civil law. Jettison ; the throwing 
 of goods overboard, to lighten- a vessel. 
 Loccenius, .de Jur. Mar. lib. 2, c. 7. De 
 lege Rhodiade jactu ; of the Rhodian law 
 of jettison. Dig. 14. 2. . Lege Rhodid, 
 cavetur, ut gi, levandce navis grutiA, jactus 
 mercium /actus est, omnium contributione 
 sarciatur quod pro omnibus datum est ; by 
 the Rhodian law, it is provided that if a 
 jettison of goods is made for the purpose 
 of lightening a vessel, that which is. given 
 [the loss which is borne] for all, must be 
 
 made good by the contribution of all. 
 Dig. 14. 2. 1. Abbott on Ship. 475. See 
 Jettison. 
 
 The thing thrown overboard, or cast 
 away. Grier, J. 10 Howard's R. 303. 
 
 JACTUS. Lat [itom jacere, to throw.] 
 In old practice. Thrown; cast; over- 
 thrown or defeated. See Ject. 
 
 JADEMAINS, Jademeins, Jadumdns. 
 L. Fr. Yet; nevertheless. Art. sup. 
 Chart, c. 10. 
 
 JADES, Jaditz. L. Fr. Late. Dyer, 
 .97 b, (Fr. ed.). 
 
 JAIL. KioTraoigaol, sometimes used. 
 See Gaol. 
 JAIL DELIVERY. See Gaol delivery. 
 JALEMEINS, Jakmeyns, Ja le rneyns, 
 Jalemens. L. Fr. Always ; also ; never- 
 theless ; still ; yet ; sometimes ; as well as ; 
 moreover; further. Britt.c. 20, 24. Kelham. 
 JALO. L. Lat In old English law. 
 A gallon. Fleta, lib. 2, c. 11. 
 
 JALONATA. L. Lat In old English 
 law. A gallon measure. Fleta, lib. 2, c. 
 12, §1. 
 
 JAMPNUM, Jaunum. L. Lat. [from 
 Fr, jaulne, yellow.] In old English law. 
 Furze, heath, or gorse ; a gorsy ground. 
 Cowell. Blount. 1 Leon. 169. 
 
 A waterish place. Co. Litt. 5 a. Cro. 
 Car l79 
 
 . JAMUNLINGUS. L. Lat [from Sax. 
 gemundian, to protect, and ling, a young 
 or tender person.] In old European law. 
 One who delivered himself and his pro- 
 perty into the protection of a more power- 
 ful person, as of a bishop or abbot, in 
 order by that means to avoid military 
 service and other burdens of the state. 
 Spelman. 
 
 JANITOR. Lat In old English law. 
 A door-keeper. Fleta, lib. 2, c. 24. 
 JASOIT. L. Fr. Although. Kelham. 
 JATARDE. L. Fr. Lately. Kelham. 
 JAVELOTJR. O. Sc. In Scotch law. 
 Jailer or gaoler. 1 Pitc. Cr. Trials, part 
 1, p. 33. 
 
 JECT, Jecte. L. Fr. [L. Lat jactus.l 
 In old practice. Cast ; thrown ; over- 
 thrown or defeated in law. Litt. sect. 
 448, 680, 682, 684. A term derived from 
 thei old practice in trial by battel, and 
 literally signifying thrown to the ground ; 
 unhorsed. Le champion le tenant, al 
 second cours, fuit jecte ; the champion of 
 the tenant, at the second course or en- 
 counter, was thrown. Tearb. M. 4 Edw 
 
 m. 12. 
 
JET 
 
 (102) 
 
 JOE 
 
 JECTS. L. Fr. Cast; computed. 
 Dyer, 56 b, (Fr. ed.) 
 
 JEMAN. In old records. Yeoman. 
 Cowell. Blount. 
 
 JEO. Fr. I. Jeo doy ; I ought. Litt. 
 sect. 150. Jeo teigne ; I Lold. Id. Jeo 
 sue icy prist ,•: I am here ready. Id. Jeo 
 vous pry ; I pray you. Id. Jeo garaun- 
 tise; I warrant. Britt. c. 75, In the 
 Fet Assaver, the form is, joe, throughout. 
 
 JEO DONE. L. Fr. I give. Jeo 
 done par si que tit me doynes ; I give for 
 this that you may give me. Britt. c. 36. 
 Jeo face, par si que tu faces; I do for this 
 that you may do. Id. ibid. Jeo face, par 
 si que tu me doynes ; I do for this that you 
 may give me. Id. ibid. Jeo doyne, par 
 si que tu m^ faces ; I give for this that you 
 may do for me. Id. ibid. These are the 
 proposed readings of Wingate, in his edition 
 ofBritton, A. D. 1640. 
 
 JEOFAIL, [from Fr. /ai failli, I have 
 failed, or mistaken.] An oversight in 
 pleading; a mistake, or error; strictly, 
 the acknowledgment of an oversight. Jeo- 
 faile, or fay faille was the expression 
 anciently made use of by a pleader, when 
 he perceived a slip in the form of his pro- 
 ceedings, and desired to amend it. Hence 
 the statute (14 Edw. III. st. 1, c. 6,) which 
 first gave the liberty of amendment in such 
 cases was called the Statute of Jeofail ; 
 and the term has continued to be applied 
 to the various statutes of amendment since 
 passed. 3 Bl. Com. 407. Crabb's Mist. 
 Mug. Law, 280, 281. 3 Reeves' Hist. 
 469, 472. Steph. PI. 97, and Appendix, 
 Note (32.) 
 
 JEOPARDY. Exposure to death, loss 
 or injury ; hazard, danger, peril. Webster. 
 The constitution of the United States de- 
 clares that no person shall " be subject 
 for the same offence to be twice put in 
 jeopardy of life or limb.''' Amendments, 
 art. 6. 1 Kent's Com. 610, [12.] See 
 Orwe in jeopardy. 
 
 JESK ORE. L. Fr. Until now. 
 Fet Assaver, § 18. 
 
 JET. Fr. In French law. Jettison. 
 Ord. Mar. liv. 3, tit. 8. Mmerig. Tr. des 
 Ass. ch. 12, sect. 40. 
 
 JETSAM, Jotsom, Jetsen, Jetzon, Jot- 
 son, [from Fr. jetter, to throw out.] Goods 
 thrown into the sea from a vessel in danger 
 of wreck, for the purpose of lightening her, 
 and which remain under water, without 
 coming to land.* 5 Co. 106 h. Constable's 
 case. 1 Bl. Com. 292, Spelman con- 
 
 siders this word as derived from the old 
 Germ, josum, down, or downward ; hence 
 jotsom signifies that which sinks and stays 
 at the bottom, {id quod sidet et morcttur in 
 fundo;) as distinguished from fiotsom, or 
 that wliich floats on the surface. See 
 Flotsam. This is not to be confounded 
 with jettison, (q. v.) although perhaps 
 originally the same word. 
 
 JETTISON, Jetson, Jettezoon. [frcan 
 Fr. jetter, to throw out ; Lat. jactus ; Fr. 
 jet; Swed. kast.'\ In maritime law. The 
 voluntary throwing overboard of goods, in 
 a case of extreme peril, to lighten and save 
 the ship.* 3 Kenfs Cmn. 232—235. 2 
 Phillips on Ins. 76. Sometimes called 
 semirnaufragvum, half shipwreck, or a 
 species of shipwreck. 3 Kenfs Com. 234. 
 
 JEU. L. Fr. A Jew. Britt. e. 91. 
 
 JUESDAY. L.I!r. Tuesday. Kelham. 
 
 JEUSDYE, Jurisdie. Tuesday. Kel- 
 ham. 
 
 JO, Joe. L. Fr. I. ZL. Gul. Conq. 
 1 38 
 
 JOCALE. /L. Lat. [Fr. joyau.] In 
 old English law. A jewel, or gem. Spel- 
 man. Jocalia, (Fr. joialx ;) jewels. Id. 
 Blount. De roois et jocalibus ; of robes 
 and jewels. Bract, fol. 60 b. Fleta, lib. 
 2, c. 14, § 2. 
 
 JOCAEIUS. L.Lat. A jester. Cow- 
 ell. Blount. 
 
 JOCLET. In old English law. A 
 little farm or manor. Cowell. Blount. 
 
 JOCUS. Lat. In old English law. A 
 game of hazard. Heg. Orig. 290. 
 
 JOCUS PARTITUS. L. Lat. In old 
 English practice. A divided game, risk, 
 or hazard. An arrangement which the 
 parties to a suit were anciently sometimes 
 allowed to make by mutual agreement 
 upon a certain hazard, (sub periculo;) as 
 that one should lose if the case turned out 
 in a certain way, and if it did not, that the 
 other should gain, (quod unus amittat si 
 ita sit, et si non sit, quod alius lueretur.) 
 Bract, fol. 211 b, 379 b, 432, 434, 200 b. 
 This arrangement, however^ was altogether 
 a vohihtary and extra-judicial one, (non 
 judiciale.) Id. 431 b. This expression 
 is not noticed in the old dictionaries, and 
 (from the common mode of printing /ocm«, 
 iocus,) may, perhaps, have been confound- 
 ed with locus partiius, (q. v.) In Heng- 
 ham's Summa Magna, (c. 4,) it is written 
 bipertijocus. 
 
 JOEFNES, Joefene. L. Fr. [from Lat. 
 juvenis.li Young. Britt. c. 110. 
 
JOI 
 
 (103) 
 
 JOR 
 
 JOESDIE, Joefdy, Joendie,Joedy, Juer- 
 dy. L. Ft. Thursday. Kelham. 
 
 JOIALX. L. Fr. Jewels, Artk. sup. 
 Chart, c. 20. 
 
 'JOINDER. A joining or uniting to- 
 gether ; a comprehending or including of 
 several persons or things together; as of 
 several persons as plaintiffs or defendants 
 in one suit, or of sevenil causes of action, 
 or counts, in one. declaration. 1 Chitt. PI. 
 8, 41, 64, 84, 199. See Miy'oinder, Non- 
 joinder. 
 
 JOINDER IN DEMURRER. In plead- 
 ing. A pleading or formula, by which 
 one of the parties to a suit ^om* in, or 
 accepts an issue in law tendered by the' 
 opposite party. It follows immediately 
 after a demurrer, and, with it, constitutes 
 and completes the issue.* Steph. Plead. 
 55, 239. See Demurrer, Issue in law. 
 
 JOINDER IN ISSUE. [L. I,a.t.junc- 
 tio exit'&s.'] In pleading. A formula by 
 which one of the parties to a suit joins in, 
 or accepts an issue in fact tendered by the 
 opposite party. Steph. PI. S7, 236. More 
 commonly termed a similiter, (q. v.) 
 
 JOINT. [Lat.junctus.'] United; com- 
 bined ; done by or against two or more 
 unitedly ; shared by, or between two or 
 more. 
 
 JOINT ACTION. In practice. An 
 action in which two or more unite, or are 
 united as parties. 
 
 JOINT BOND. A bond executed by 
 two or more as obligors, in which they 
 bind themselves jointly but not severally, 
 and which can be enforced only by a joint 
 action against them all. 
 
 JOINT AND SEVERAL BOND. A 
 bond in which the obligors bind themselves 
 both jointly and severally to the obligee, 
 and which may be enforced either by a 
 joint action against all, or separate actions 
 against each. 
 
 JOINT FIAT. In English law. A 
 fiat in bankruptcy, issued against two or 
 more trading partners. Stat. 6 Geo. IV. 
 c. 16. Wharton's Lex. See Fiat. 
 
 JOINT INDICTMENT. In criminal 
 law. An indictment in which several of- 
 fenders are joined. 2 Hale's P. C. 173. 
 
 JOINT STOCK COMPANY. In mer- 
 cantile law. A species of partnership con- 
 sisting of a large number of members, con- 
 stituting an unincorporated association; 
 having a capital divided into shares trans- 
 ferable without the express consent of all 
 the copartners, and acting under a written 
 
 instrument termed articles of association, or 
 in England, a deed of settlement.* 3 Steph. 
 Coni. 1 82. 3 Eent's Com. 26, 27. Words- 
 worth on Joint Stocli Companies, 1 — 15. 
 Srande. 
 
 JOINT TENANTS. [L. Lat. conjunc- 
 tim tenentes.] Joint holders ; persons who 
 hold an estate or property jointly, or in 
 that peculiar mode called joint tenancy.* 
 Persons who own lands by a joint title 
 created' expressly by one and the same 
 deed or will. 4 ITeni's Com. 357. Joint 
 tenants have one and the same interest, 
 accruing by one and the same conveyance, 
 commencing at one and the same time, and 
 held by one and the same undivided pos- 
 session. 2 £1. Com. 180. 
 
 JOINT TENANCY. A joint holding ; 
 an union or conjunction of interest in land 
 or other property. See Estate in joint 
 
 JOINTMENT. L.Fr. Jointly. Tearh. 
 M. 8 Edw. III. 20. 
 
 JOINTRESS, Jointuress. A woman 
 having a jointure. 2 £1. Com. 138. 2 
 Crabb's Heal Prop. 191, § 1212. 
 
 JOINTURE. [L. Lat. junctura.] ' An 
 estate settled upon a wife, to be enjoyed 
 after her husband's decease, for her own 
 life at least, in lieu and in satisfaction of 
 dower.* — A competent livelihood of free- 
 hold for the wife, of lands and tenements ; 
 to tate effect presently in possession or 
 profit, after the decease of the husband, 
 for the life of the wife at least. Co. Litt. 
 36 b. 2 £1. Com. 137. 1 Steph. Com. 
 255. 2 CrabVs Real Prop. 191, § 1212. 
 A jointure strictly signifies a joint estate 
 limited to both husband and wife, and 
 such was its original form ; but, in its more 
 usual form, it is a sole estate limited to the 
 wife only, expectant upon a life estate in 
 the husband. 2 Bl. Com. 137. 1 Steph. 
 Com. 255. 4 Kent's Com. 54. Burton's 
 Beat Prop. 11 9, pi. 357. And see Ather- 
 ley on Marriage Settlements, 501 — 558. 
 
 JONCARIA, Juncaria. L. Lat. [from 
 Fr. jonc, a rush.] In old English law. 
 The soil where rushes grow. Co. Litt. 5 a. 
 See Juncaria. 
 
 JORER. L. Fr. To swear. Taun- 
 tost face jorer douze ; he shall presently 
 cause twelve to swear. Britt. c. 30. A 
 form oijurer, (q. v.) 
 
 JORNALE, Jumale. L. Lat. [Fr. 
 journau, from jour, a day.] In old Euro- 
 pean law. As much ground as might be 
 ploughed in one day. Spelman. 
 
JOTJ 
 
 (104) 
 
 JUD 
 
 JOSUM, Jusum. L. Lat. In old Eu- 
 ropean law. Down; downward. Paw- 
 sant arma sua josum; lay down their 
 arms. L. AlOtn. tit. 45. Perhaps a cor- 
 ruption of deorsum. 
 
 JOTSUM. See Jetsam. 
 
 JOUE, Jor, Jur, Joer. L. Fr. [Lat. 
 dies.l In old English, law. Day; a day. 
 Co. Liu. 134 b. See Dies, Bay. 
 
 JOUE EjST banc. L. Fr. In old prac- 
 tice. A day in banc. Yearh, H. 11 Hen. 
 VI. 1. 14 Hen. VI. 10. Distinguished 
 from^'oMj- en pays, (a day in the country,) 
 otherwise called ^OMr e» mm. jjrjws. Id. 
 ibid. 
 
 JOUE IN COUET. In old practice. 
 Day in court; day to appear in court; ap- 
 pearance day. " Every process gives the 
 defendant a day in. court." HaMs AnaL 
 sect. viii. 
 
 JOUENAUNTE, JormunU. L. Fr. 
 Daybreak ; dawn. Britt. c. 80. 
 
 JOUENE, Journee, Jomee. L. Fr. A 
 ' day ; a court, or court day ; the day of 
 holding a court, A la journee ; at the 
 court. Stat. Westm. 1, c. 33. 
 
 JOUENES (JOURNEES or JOUE- 
 NEIS) ACCOMPTS. L. Fr. Journeys 
 reckoned or computed. Yearh. M. 8 Edw. 
 III. 20. Dyer, 55. See Journeys accounts. 
 
 JOUENEYS ACCOUNTS. [L. Fr. 
 joumes .accompts, joumees accomptet; L. 
 Lat. dioetoe computatce.'] Properly, journeys 
 computed; days' journeys computed or 
 reckoned. A term applied in practice to a 
 fresh writ issued as soon as possible, or 
 within a reasonable time after the abate- 
 ment of a former one ; the second writ be- 
 ing called a writ by journeys accounts. So 
 termed from the old practice of compu- 
 ting the time allowed for the purpose, by 
 days^ journeys, which the party was obliged 
 to make to the chancery, (a moveable 
 court,) in order to purchase the writ. See 
 infra. 
 
 *^* The practice of allowing writs by 
 iourneys accounts was considered in Spen- 
 cer's case, 6 Co. 9 b, 10, where it was 
 traced to IBracton, fol. 176. It was ^ain 
 discussed at considerable length in.Kinsey 
 V. Heyward, 1 Ld. Baym. 433, 435, where 
 Selden's explanation of the term was quoted 
 by Treby, C- J- It has been recently con- 
 sidered in the English reports, and the 
 phrase itself is sometimes used even in 
 American law. 7 Man. db Gr. 763, 773, 
 note. Id. 774, 784, note. 8 CrancKs B. 
 84—93. 
 
 The precise meaning of the phrase has 
 generally not been clearly apprehended, 
 owing to the uneoutbness of- its, form, 
 which is merely the L. Fr. joumees ac- 
 comptes Anglicized, without regard to the 
 proper meaning of the wofdsi The L. Lat, 
 diwtw computatce (days' jflurney s computed) 
 sufiSciently shows what the proper trans- 
 lation should be. The origin of the phrase 
 is thus explained by Selden, as quoted by 
 Treby, C. J. ubi supra. The chancery be- 
 ing anciently a moveable court, and follow- 
 ing the king's ooiMrt;-, and the writs being 
 to be purchased out of the said court, the 
 party who purchased the second writ was 
 bonndto apply to the, king's court as hastily 
 (that he might obtain the iiecoud writ) as 
 the ^distance of the place ■would allow, 
 accounting twenty miles for every day's 
 journey ; and, for this reason, he was to 
 show in the second writ, that he had pur- 
 chased his second writ as hastily as he 
 could, accounting the days' journeys he had 
 to the king's, court. Hence the, second 
 writ was sai^- to be brought pef dicetas 
 computatas, (by days' journeys Accounted,) 
 or, in French, par joumeis accomptes. See 
 /Selden's Diss, ad Fletam, c, 8, sect, 1. 
 
 JUBEEE. Lat. In the civil law. To 
 order, direct or command, Calv. Lex. 
 The word jubeo, (I order,) in a wiU, was 
 called a word of direction, as distinguished 
 from precatory words. Cod. 6. 43. 2. 
 
 To assure or promise. : (Mv. Lex. See 
 Fide-juhere.^ 
 
 To decree or pass a law. Id. Adam's 
 Rom. Ant. 97. 
 
 JUCHUS, Jochus. L. Lat. [Germ, 
 jotfe; Fr.joug; La,t. jugum."] In old Eu- 
 ropean law. A yoke of land ; a portion of 
 land which might be ploughed by a yoke 
 of oxen in one day. Spelman. 
 
 JUDJEUS, Judeus. Lat, A Jew. 
 Judeus nihil proprium habere potest, quia 
 quicquid acquirit non sibi acquirit sed regi, 
 quia non vivunt sibi ipsis sed aliis, et sie 
 aliis aequirunt et non sibi ipsis ;, a. Jew 
 can have nothing of his own, because what- 
 ever he acquires he acquires not for him- 
 self but for the king ; for they do not live 
 for themselves but for others, and so they 
 acquire for others and not for themselves. 
 Bract. foL 386 b. Do tibi talem rem, 
 habendum tibi et hceredibus iuis, vel cui- 
 cunque dare vel assignare volusris, exceptis 
 viris. religiosis et Judeis ; I give you such 
 a thing, to have to you and your heirs, or 
 to whomsoever you choose to give or 
 
JUD 
 
 (105) 
 
 JUD 
 
 assign it, except religious men and Jews. 
 Id. fol. 47 b. This last clause or excep- 
 tion was very common in ancient deeds. 
 Co. Liu. 223 b. 
 
 JUDAI8MUS. Lat. [from Jtidaus, 
 q. v.] In old English law. Judaism ; the 
 religion or rites of the Jews. Cowell. 
 Blount. 
 
 The income anciently accruing in Eng- 
 land to the king, from the Jews. Judais- 
 mum nostrum Anglice. Blount. 
 
 The place or street where the Jews 
 lived, called Jewry. Vetus Judaismus ; 
 old Jewry, in London. Bloimt. 
 
 Usury ; or Jewish interest. This was 
 the tsubject of the statute 18 Edw. I. 
 called Staiutum de Judaismo. 2 Inst. 
 506. 
 
 A mortgage. Ad acquietandam terram 
 prmdietam de judaismo in quofuitimpigno- 
 rata ; to clear the said land of a mortgage 
 [or Judaism] in which it was pledged, &c. 
 Maffn. Rot. Pip. 9 Hdw. II. GmoelL Se- 
 cundum legem et consuetudinem Judaismi ; 
 according to the law and custpm of Juda- 
 ism. Mem,, in Seacc. P, 6 Edw. I. 
 
 JUDEX. Lat. In old English law. 
 A judge ; one who declares the law, (^qui 
 jus dicit,) or administers justice between 
 contending parties.* Bract, fol. 106 a. 
 
 3 Bf. Com. 25. A title generally given to 
 ecclesiastical judges, as distinguished from 
 tho justitiarius of the common law courts. 
 Bract, fol. 401, 402, 405, 406. 
 
 Judex ffiquitatem semper spectare debet, 
 A judge ought always to regard equity. 
 Jenh. Cent. 45, case 85. 
 
 Jndex bonns nihil ex arbitrio sno faciat, 
 nee proposito domesticse voluntatis, sed juxta 
 leges et jura pronuneiet. A good judge 
 should do nothing of his own arbitrary 
 will, nor on the dictate of his personal in- 
 clination, but should decide according to 
 law and justice. 7 Co. 27 a, Calvin's 
 case. 
 
 Judex est lex loquens. A judge is the law 
 speaking; [themouth of the law.] 7 Co. 
 
 4 a, Calvin's case. 
 
 Judex non potest esse testis in propria 
 causa. A judge cannot be a witness in his 
 own cause. 4 Inst. 279. 
 
 Judex non potest injnriam sibi datam pn- 
 
 nire. A judge cannot punish a wrong 
 done to himself. See 12 Co. 114. 
 
 Judex non reddit plus quam qnod petens 
 ipse reqnirit, A judge does not give more 
 than what the complaining party himself 
 demands. 2 Inst. 286. Said of the re- 
 
 Id. 
 
 covery of damages in real actions. 
 ibid. 
 
 Judici officium suum excedenti non pare- 
 tur, A judge exceeding his office is not 
 to be obeyed. Jenk. Cent. 139, case 84. 
 Said of void judgments. Id. ibid. 
 
 Judici satis pcena est, qnod Deam habet nl- 
 torem. It is punishment enough for a 
 judge that he has God as his avenger. 1 
 Leon. 295. 
 
 Jndicis [nostrum] est judicare secundnm 
 allegata et probata. It is the duty of a 
 judge to determine according to what is 
 alleged and proved. Dyer, 12 a. 
 
 Jndicis est jns dicere, non dare. It is the 
 province of a judge to declare ihe law, not 
 to give it. Lofft, Appendix, 42. 
 
 fodicis officium est nt res, ita tempora re- 
 rum quferere. It is the duty of a judge to 
 inquire into the times of things, as well as 
 into things themselves. Cb. Litt. 171, 
 Part of a Latin couplet quoted by Lord 
 Coke. Id. ibid. 
 
 JUDEX. Lat. In old English law. 
 A juror. LL. Hen.l. c. 6. Spelman. 
 
 JUDEX. Lat. In the old civil law. 
 A private person appointed by the prsetor, 
 with the consent of the parties, to try and 
 decide a cause or action commenced before 
 him ; otherwise called judex datus, and 
 judex pedaneus, (qq. v.) He was appointed 
 on the application of the plaintiff, (acior,) 
 as soon as the cause was at issue, and re- 
 ceived from the prsetor a written formula 
 instructing him as to the legal, principles 
 according to which the action was to be 
 judged. Calv. Lex. 1 Maclceld. Civ.[ Law, 
 187, § 193, Kanftnann's note. Hence he 
 was said to have the judicium, as the prse- 
 tor had the jus ; and the proceedings be- 
 fore him were said to be in judicio, as 
 those before the prsetor were said to be in 
 jure. Id. ibid. 
 
 *^* The word judex is generally used in 
 the Digests, in this its original sense. It 
 is sometimes translated judge, but not, as 
 it seems, with entire accuracy.. . The pre- 
 cise function, indeed, of the ^Wea; has been 
 differeirt;ly represented by the civilians; 
 some supposing that he -merely found the 
 facts of lite case as they appeared in evi- 
 dence, and reported them with his opinion 
 to the prsetor ; others, that he determined 
 the law as well as the fact, and pronounced 
 judgmmtia th€ proper modern sense of 
 the word. 1 Spence's Chancery, 210, and 
 note. Some features of the office resemble 
 those of the modern ^'wror, particularly the 
 
JUD 
 
 (106) 
 
 JUD 
 
 fundamental one that the judex, like the 
 juror, was a private person, regularly called 
 in at a certain stage of a cause, to aid in its 
 trial and determination. The circumstance, 
 however, that private causes were generally 
 referred to a single judex, to whom their 
 exclusive management while before him was 
 committed, constitutes a very marked and 
 material point of distinction between the 
 two oflSces. What the discretion of a jv^ 
 dex was, how he contrived to provide him- 
 self, pro hac vice, with a sufficient amount 
 of law knowledge to enable him to get 
 through a cause, and upon what singular 
 grounds he was often inclined to place his 
 decision, may be seen in the very unre- 
 served account given by the grammarian 
 and critic Aulus Gellius, of his own expe- 
 rience in the office. Nodes Atticce, lib. 
 14, c. 2. 
 
 JUDEX. Lat. In later and modem 
 civil law. A- judge, in the modem sense 
 of the term ; a public officer before whom 
 actions are brought and pleadings carried 
 on, as well as issues tried and determined, 
 in courts held for the purpose ; and who, 
 unlike the ancient ^Mrfea;, has entire control 
 of the action from its commencement to its 
 termination. After the system of trial by 
 judices (supra) had been abandoned in Ro- 
 man practice, the function and powers of 
 the judex were transferred to, and united 
 with those of the prsetor or magistrate, 
 and in this sense the term judex, as em- 
 ployed in the Institutes, Code and Novels, 
 is to be understood. HaMifax, Anal. b. 3, 
 c. 8, num. 15. See Cod. 1. 45, 48, 49, 51. 
 Id. 1. 43—49. Nov. 82. 
 
 JUDEX A QUO. Lat. In modem 
 civil law. The judge from whom, as judex 
 ad quern is the judge to whom an appeal is 
 made or taken. Hallifax, Anal. b. 3, c. 11, 
 num. 34. 
 
 JUDEX DATUS. Lat. In old Roman 
 law. A judge given, that is, assigned or 
 appointed by the prsetor to try a cause. 
 See Judex in old civil law. 
 
 JUDEX DELEGATUS. Lat. In the 
 civil law. A delegated judge. A judice 
 judex delegatus judicis dandi potestatem 
 nan habet, quum ipse judiciario munere 
 fungatur, nisi a principe judex datusfuerit ; 
 a judge delegated by a judge has not the 
 power of assigning a judge, as he should 
 exercise the judicial office personally, 
 unless the judge should have been assigned 
 by the emperor. Cod. 3. 1. 5. 
 
 JUDEX FISCALIS. L. Lat, In old 
 
 European law. A fiscal judge; a judge 
 having cognizance of matters pertaining to 
 the fiscus, or public treasury, and by whose 
 sentence property was confiscated. Spel- 
 man, voc. Grafio. Supposed to be the 
 same with the grafio and comes, (qq. v.) 
 Id. L. Hipuar. tit. 35. Esprit des Loix, 
 liv. 30, c. 18. 
 
 JUDEX 0RDINARIU8. Lat. In the 
 civil law. An ordinary judge ; one who 
 had the right of hearing and determining 
 causes as a matter of his own proper juris- 
 diction, (ex propria jurisdictione ;) one who 
 exercised jurisdiction in his own rights and 
 not by virtue of a derived or delegated au- 
 thority. Calv. Lex. Id. voc. Ordinarii 
 judices. This term is understood by Black- 
 stone in a different sense. See Judices 
 
 O TCtiTl CLTVl 
 
 JUDEX PEDANEUS. Lat. In the 
 Roman law. A name given to the judex 
 appointed by the prajtor to try a cause, 
 from the low seat which he occupied at the 
 foot of the tribunal or praetor's bench, (ad 
 pedes' trilmnalis.) Calv. Lex. voce. Judex 
 pedaneus, Pedanei judices. Other deriva- 
 tions are given ibid. See Judices pedanei. 
 
 JUDGE. \¥T.juge; La,t. judex, q. v.] 
 A person whose office is to administer 
 justice (jus dieere) in courts held for that 
 purpose ; a public officer authorized by law 
 to hear and determine causes, and who 
 holds courts statedly for that purpose. 
 
 One who presides in a court of judicst- 
 ture, either solely or with associate judges. 
 
 JUDGE ADVOCATE. In military law. v 
 An officer of a court-martial, who com- 
 bines the character of adviser to the court 
 with that of public prosecutor.* 1 
 Mc Arthur on Courts Martial, 233, (ed. 
 1806.) Tytler'sMil.Laio,c.lO. O'Brien's 
 Mil. Law, 281, 283. 
 
 JUDGMENT. [Fr. jugement ; Lat. 
 judicium.'] In practice. The sentence of 
 the law, pronounced by a court upon the 
 matter contained in the record [of an 
 action before it.] 3 £1. Com. 395, 396. 
 The final proceeding in an action at law, 
 by which the court applies the law to the 
 particular case presented before it, and 
 specifically grants or denies to the plaintiflF 
 the remedy which he has sought by the 
 action.* Id. ibid. An award of execu- 
 tion on the record, is not a judgment, 
 properly so called, that is, it is not a judg- 
 ment to recover. 11 Hast, 516. 
 
 Judicial determination or decision ; ad- 
 judication. See Judicium. 
 
JUD 
 
 (107) 
 
 JUD 
 
 In a more general sense, — the act, pro- 
 cess or business of judging, that is, of Aear- 
 inff as well as determining a cause. This 
 was one of the senses of the Lat. judicium, 
 (q. V.) 
 
 JUDGMENT PAPER. In English 
 practice. A sheet of paper containing an 
 incipitur of the pleadings in an action at 
 law, upon which final judgment is signed 
 by the master. 2 TiddUPr. 930. 
 
 JUDGMENT EECORD. In practice. 
 A record of the proceedings in an action 
 at law, from the commencement of the 
 pleadings to the giving of judgment inclu- 
 sive," composed of what are technically 
 called entries, made according to a pre- 
 scribed order, and drawn in strict con- 
 formity with established precedents. See 
 Record. This record, when properly signed, 
 filed and docketed, constitutes the legal 
 evidence of the judgment, and entitles the 
 party obtaining it to issue execution. It 
 is sometimes called a, judgment roll, (q. v,) 
 
 JUDGMENT ROLL. In English prac- 
 tice. A roll of parchment containing the 
 entries of the proceedings in an action at 
 law to the entry of judgment inclusive, 
 and which is filed in the treasury of the 
 court. 1 Arch. Pr. 227, 228. 2 Tidd's 
 Pr. 931, See Boll. 
 
 JUDICARE. Lat. \ivomjvdex, a judge.] 
 In civil and old English law. To judge ; 
 to decide or determine judicially ; to give 
 judgment or sentence. 
 
 jQdicandnm est legibns Don eiemplis. Judg- 
 ment is to be given according to the laws, 
 not according to examples or precedents. 
 4 Co. 33 b, Mitton's case. 4 Bl. Com. 405. 
 
 JUDICARE. L. Lat. In feudal law. 
 To give by will. Feud. Lib. 2, tit. 9, § 3. 
 Oalv. Lex. 
 
 JUDICATIO. Lat. [iiomjudicare, q. v.] 
 In the civil law Judging ; the pronouncing 
 of sentence, after hearing a cause. Halli- 
 fax. Anal. b. 3, c. 8, num. 7. 
 ' JUDICATUS, Judica*a, Judicatum. 
 Lat. [from judicare, q. v.] In civil and 
 old English law. Adjudged; determined; 
 decided. Bes judicata ; a thing adjudged 
 or determined ; a judicial sentence or de- 
 termination. S&e lies judicata. Judicatum 
 solvere ; to pay what was adjudged to a 
 party in a suit. 3 Bl. Com. 291. In the 
 civil. lav, security (satisdatio) judicatum 
 solvi, was security that the judgment of the 
 court should be complied with, Inst. 4. 
 11. See i)i<;r. 46. 7, 
 
 JUDICE8. Lat. [pi. of judex, q. v.] 
 
 Judges. Judices rum tenentur exprimere 
 causam smtentioe suoe; judges are not 
 bound to express the reason of their sen- 
 tence or judgment. Jenk. Cent. 75, case 
 43. An old rule relating to the form of 
 the judgment as entered on record. 
 
 JUDICES ORDINARIL Lat. In the 
 civil law. OrAm3,T\ judices ; the common 
 judices appointed to try. causes, and who, 
 according to Blackstonej determined only 
 questions of fact. 3 Bl. Com. 315. 
 
 JUDICES PEDANEL Lat. In the 
 Roman law. The ordinary yarfices appoint- 
 ed by the praetor or by the governors of 
 provinces to try causes. See Cod. 3. 3, 
 So called from pes, foot, denoting the low 
 seat they occupied, or, according to some, 
 the humble chairacter of their office ; (Gr. 
 xaiiailiicacTtti.) Calv. Lex. See Cod. 7. 51. 
 5. 2. They are defined in the Code, as 
 thdse quinegotia humiliora disceptent, (who 
 should have charge of the more humble 
 matters.) Cod. 3. 3. 5. In the Novels 
 they are required to sit continually at the 
 royal porch, in the little houses where they 
 now judge, \tv ots km vw oikiokois SiKa^ovatv,) and 
 to hear causes from early in the morning 
 to sunset. .Nov. 82, c. 3. 
 
 JUDICES SELECTI. Lat. In the 
 civil law. Select or selected judices or 
 judges ; those which were used in criminal 
 causes, and between whom and modem 
 jurors many points of resemblance have 
 been noticed. SBl. Com. 366. 
 
 JUDICIA. Lat. In the Roman law. 
 Judicial proceedings ; trials. Judiciapuh- 
 lica ; criminal trials. Dig. 48. 1. 
 
 JUDICIA. L. Lat. [pi. of judicium, 
 q. v.] In old English law. Judgments. 
 Jndieia sunt tanqnam jnris dicta, et pro veii- 
 tate accipiuntnr. Judgments are, as it were, 
 the sayings of the law, and are received as 
 truth. 2 Inst. 537. 
 
 Judicia in deliberationibm ciebro matures- 
 cunt, in aceelerato processn nunquam. Judg- 
 ments frequently become matured by de- 
 liberations ; never by hurried process or 
 precipitation. 3 Inst. 210.' 
 
 Judicia posteriora sunt in lege fortiora. 
 
 The later judgments are the stronger in law. 
 8 Co. 97 a, Manning's case. Judiciis pos- 
 terioribus fides est adhibenda. Faith or 
 credit is to be given to the later judgments. 
 13 Co. 14, The case of Modus Dedmandi. 
 JUDICIAL. [Lat, judicialis, from ju- 
 dex, a judge, or judicium, judgment,] 
 Belonging to the office of a judge ; as 
 judicial authority. 
 
JUD 
 
 (108) 
 
 JUD 
 
 Selating to, or connected with the ad- 
 ministration of justice ; as sl judicial officer. 
 
 Having the character of judgment or 
 formal legal procedure ; as a. judicial act. 
 
 Proceeding from a court of justice ; as a 
 judicial writ, a judicial determination. 
 
 Constituting the basis of a judgment ; as 
 a judicial opinion. 
 
 JUDICIAL CONFESSION. In the 
 law of evidence. ' A confession of guilt, 
 made by a prisoner before a magistrate, or 
 in court, in the due course of legal proceed- 
 ings. 1 Crreml. Evid. § 216. 
 
 JUDICIAL SALE. In practice. : A 
 sale under the judgment or decree of a 
 court ; a sale under judicial authority, by 
 an officer legally authorized for the purpose, 
 such as a sheriff's sale, an administrator's 
 sale, &c. 
 
 JUDICIAL WRIT. In English prac- 
 tice. A writ issuing under the private 
 seal of a court, and tested in the name of 
 the chief or senior justice ; as distinguished 
 from an original writ which issues out of 
 Chancery under iha great seal, and is tested 
 in the king's name. 3 Bl. Com. 282. See 
 Fleta, lib. 2, c. 13, § 3. 
 
 JUDICIUM. Lat. [pi. judicia; from 
 judex, q. v.] In the civil law. The in- 
 vestigation and decision of a cause by a 
 judex, constituting the second of the two 
 stages or divisions of the proceedings in 
 an action; atrial See Judex, Actio. 
 
 A judicial procedure ; a proceeding be- 
 fore a, judex, or judge. Inst. 4. 6. 8. 
 
 An action. Bonce fidei judicium ; an 
 action of good faith. Idi 4. 6. 29. 30. 
 Id. 4. 6. 20. See Dig. 5. 1. 13. Cod. & 1. 
 
 A court, or judicial tribunal Quod in 
 judicio permaneat usque ad terminum litis ; 
 that he will remain in court until the end 
 of the suit. Inst. 4. 11.2. Praesens in 
 judicio ; present in court. Id: 4. 11. 3. 
 In judicium venire ; to come into court. 
 Sive in judicio, sive extra judicium; 
 whether in court or out of court. Id. 4. 
 11.4. 
 
 The intention of a testator. Id. 2. 11. 1. 
 
 judicium: L. Lat In old English 
 law. A court, or judicial tribunal. Par- 
 tibus in judicio comparentibus ; the parties 
 appearing in court. Bract, fol. 183 b. Id. 
 fol. 296 b. PrcBsentes in judicio; being 
 present in court. Id. foL 257 b, 281 b, 
 288 a. Postquam diem, m judicio rece^it; 
 after he had a day in court. Id. fol. 344 a. 
 Si nullum sit ibi plaeitum nee judicium ; 
 if there be there no plea nor court. Id, 
 
 ibid. Cujtts judicium et forum actor adire 
 debeat j whose court and forum the plain- 
 tiff ought to apply to. Id. fol. 401. 
 
 A proceeding in court; judicial hearing 
 and investigation. Judicium est in quali- 
 bet actione trinus actus trium personarum ; 
 judicis, viz. actoris, etrei: — s. quod dum 
 sint personcE ad minus inter quas vertatur 
 eontentio, et tertia persona, ad minus, qui 
 ^'Mrfjcef; judicial procedure in an action 
 is the threefold act <jf three persons, 
 namely, the judge, , the plaintiff, and the 
 defendant; so that there be two persons 
 at least between whom the controversy is 
 carried on, and a third person at least who 
 shall judge. Bract fol. 106 a. Id. fol. 
 360 bj 431 a. See JTleta, lib. 1, c. 17, § 1. 
 
 Judicial authority. : Imprimis videat 
 tenens an sit ibi judicium ; the tenant should 
 first consider whether there be there a 
 competent judicial tribunal. Bract, fol. 
 376 a. Id. fol. 405 b. 
 
 Due process of law. Sine judicio ; with- 
 out process of law ; as when one ejected 
 another by force wimout resorting to law. 
 Bract, fol. 205 a. ' 
 
 An action. Judicium novce disseyMnee; 
 an action of novel disseisin. Id. fol. 161 b. 
 
 Trial by jury; (duodeeemvirale judicium, 
 q. V.) 
 
 The verdict of a jury. Justum judicium 
 juratorum; the- just verdict of the jurorsi 
 Bract, fol. 289 a. Potest jurator falsum 
 facere judicium; a, juror may give a false 
 verdict. Id. ibid. Per legale judicium 
 parium suorum ; by the lawful judgment 
 of his peers. Mag. Chart. d9. 'i Inst: 
 48. 
 
 Judgment. Judicium executioni deman- 
 dare ; to enforce a judgment by execution. 
 Bract, fol. 107 a, 175 a. Cum perfectum 
 sit judicium licet non executum ; since the 
 judgment is perfected though not executed. 
 Id. foL 311 b. Judicium pro querente ; 
 judgment for the plaintiff 1 Stra. 33, 34. 
 Judicium est quasi juris dictum ; judgment 
 is, as it were, thjB speech of the law; the 
 very voice of law and.right, Oa. Litt. 39 a, 
 i68a. 10 Co. 42 a. 
 
 Judicium a non suo judice datum nullins 
 
 est moment!' A judgment given by one 
 who is not a proper judge, (or, not ju(^e 
 of the cause,) is of no weight. 10 Co. 76 b. 
 Expressed in other words by Bracton: 
 
 Sententia a non suo judice lata' non teheat; 
 
 a sentence pronounced by one who is not 
 a proper judge is not binding. Bract. foL 
 401 a. 
 
JUD 
 
 ( 109 ) 
 
 JUN 
 
 JadiciDm non debet esse illnsorium ; sunm 
 effectum habere debet. A judgment ought 
 not to be illusory ; it ought to have its 
 proper effect. 2 Inst. 341. 
 
 Judteinm redditur in i&vitnin in preesnmp- 
 
 tione legis. Judgment in presumption of 
 law is given against- an unwilling party. 
 Co. Liu. 248 \>, 314 b. Judicium ruit in 
 
 inritnm. Bract, fol. 41 b. 2 Sira. 1043, 
 arg. See In invitum. 
 
 Jadiciuin (semper) pro veritate accipitnr, 
 
 A judgment; is always taken for truth; 
 that is, as long as it stands in force it can- 
 not be contradicted. 2 Inst. 380. Co. 
 Litt, 39 a, 168 a. 
 
 JUDICIUM CAPITALE. L.Lat. In 
 old English law. Judgment of death ; cap- 
 ital judgment. Fletd, lib. 1, c. 39, § 2. 
 Called also judicium vitce amissionis ; judg- 
 ment of loss of life. Id. lib. 2, c. 1, 
 
 §6- 
 
 JUMCIUM DEI. Lat. In old Eng- 
 lish and European law. The judgment of 
 God ; otherwise called I)ivinum judicium ; 
 the divine judgment. A term particularly 
 applied to the ordeals by iSre or hot iron, 
 and water, and also to the trials by the 
 cross, the ■ eucharist, and the corsned, and 
 the duellum or trial by battel, (qq. v.) it 
 being supposed that the interposition of 
 heaven was directly manifested in these 
 cases, in behalf of the innocent. Spelman. 
 Si se super defendere non posset judicio Dei, 
 sc. aqu& vel ferro, fieret de eojustitia ; if 
 he cannot defend himself by the judgment 
 of God, that is, by water or hot iron, let 
 justice be done upon him. LL. Bdw. 
 Conf. c. 16. Tenetur se purgare is qui 
 accusatur, per Dei judicium, scilicet per 
 calidumferrum vel per aquam, pro diversi- 
 tate conditionis hominum ; he who is iac- 
 cused is bound to purge himself by the 
 judgment of God, that is, by hot iron or 
 by water, according to the difference of 
 the condition of persons. Glanv. lib. 14, 
 c.l. 
 
 JUDICIUM PAEIUM. L. Lat. In 
 old English law. Judgnlent of the peers, 
 judgment of one's peers; trial by jury. 
 Mag. Chart. 9 Hen. III. c. 29. Id. Johan. 
 c. 39. See Judicium, Per legale judicium 
 parium suorum. 
 
 JUG. In old English law. A watery 
 place. Domesday. ' Cowell. 
 
 JUGEMENT. L.Fr. Judgment. Britt. 
 c. 87, 100. Jugemmt de brief, (asked.) 
 Tearh. M. 4 Edw. HI. 68. Jugemmt de 
 count. P. 8 Edw. III. 3. 
 
 JUGERUM. Lat. An acre. Co.Utt. 
 5 b. As much as a yoke (jugum) of oxen 
 could plough in one day. 
 
 JUGULATOE. In old records. A 
 cut+throat or murderer. Cowell. 
 
 JUGUM. Lat. In the civil law. A 
 yoke; a measure of land ; as mjich land as 
 a yoke of oxen could plough in a day. 
 JV'ov. 17, c. 8. Called, also, jugalium and 
 zygocephalum. Id. ibid. See Brissonius. 
 
 JUGUM TEREJ5. L. Lat. In old 
 English law. A yoke of land; half a 
 plough land. Domesday. Co. ^^t. 5 a. 
 Cowell. 
 
 JUICIO. Span, [from Lat. judicium.] 
 In Spanish law. A trial or suit. White's 
 New Recop. b. 3, tit. 4, c. 1. 
 
 JUISE. L. Fr, A term used in Brit- 
 ton, to denote certain incidents to a fran- 
 chise or privileged jurisdiction, particularly 
 those of gallows, pillory and tumbrel. 
 Briit. cc. 15, 19, 30. 
 
 JUMENT. Sc. In old Scotch law. An 
 ox used for tillage. 1 Pitc. Crim. Trials, 
 part 2, p. 89. 
 
 JUMENTA. Lat. In the civil law. 
 Beasts of burden ; animals used for carry- 
 ing burdens. . This word did not include 
 oxen. Dig. 32. 65. 6. 
 
 JUNCAEIA, Joncaria. L. Lat. [from 
 Fr. jonc, a rush.] In old English law. 
 The soil where rushes grow. Co. Litt. 5 a. 
 Cowell. 
 
 Juncta jUTant. United they aid. Lord 
 EUenborough, 11 Hast, 220. A portion 
 
 of the maxim ^u8B non Taleant singnla, 
 
 juncta jUTant, (q. v.) frequently cited. 3 
 Man. dt Gr. 99. 
 
 _ JUNCTUEA. Lat. [from jungere, to 
 join.] In old English law. A joining to- 
 gether; the uniting, putting together, or 
 including of several covenants in one stipu- 
 lation or contract ; {si plura pacta de ea- 
 dem re deducantur in stipulatione.) Bract. 
 fol. 100 b. One of the ancient vestimenta 
 pactorum; (vestments of contracts.) Id. 
 fol. 99 a. Fleta, lib. 2, c. 60, § 20. 
 
 A jointure ; a joint estate. 4 Co. 2 a. 
 
 JUNGERE DUELLUM. L. Lat. In 
 old English law. To join the rftieWwrn ; to 
 engage in the combat. Fleta, lib. 1, c. 21 
 § 1.0. 
 
 " JUNIOE" is no part of the name of 
 the person to whose name it is usually 
 affixed ; but it is merely descriptive of the 
 person intended. IG Paige's R.llQ. 14 
 Barbour's ^.261. 
 
 JUNIOEES. L Lat. In old European 
 
JUR 
 
 (110) 
 
 JUR 
 
 law. Subordinate or inferior judges, {jti- 
 dices subordinati.) Sjpelman. See Puisne. 
 
 Successors, or neirs. Id. 
 
 Vassals, {ycissalli;') subjects, {mhditi •) 
 servants, (famuli.) Id. L. Alam, tit. ^9, § 1. 
 
 Yeomen, (inffenui.) Spelman. 
 
 JURA. Lat [pi. of jus, q. v.] Rights ; 
 laws. 1 Bl. Com. 123. See J«s and iTj/ra. 
 Freedoms or abilities. BctcorHs Works, 
 iii. 265. 
 
 Jnia eodem modo destitnnntnr qno eonsti- 
 
 tnuntnr. Laws are abrogated by tbe same 
 means [^glhority] by which they are made. 
 Broom^Iax. [681.J 
 
 Jura naturx snnt immntabilia. The laws 
 
 of nature are unchangeable. Branch's Pr. 
 
 Jnra pnblica anteferenda piivatis. Pub- 
 lic rights are to be preferred to private. 
 Go. Litt. 130 a. Applied to protections. 
 Id. ibid. 
 
 Jnra pnblica ei prirato [priratig] pio- 
 miscne decidi non debent. Public rights 
 
 ought not to be decided promiscuously 
 with private. Co. Litt. 130 a, 181 b. 
 
 Jnra sanguinis nnllo jnre eivili dirimi 
 
 possnnt. The rights of blood can be taken 
 away by no civU law. Dig. 60. 17. 8. 
 Bacon^s Max. 52, reg. 11. Applied chiefly 
 to cases of attainder. 
 
 JURA FISCALIA. Lat. In English 
 law. Fiscal rights ; rights of the exchequer. 
 3 Bl. Com. 45. 
 
 JTTRA IN RE. Lat. In the civil law. 
 Rights in a thing; rights, which being 
 separated from the dominium, or right of 
 property, exist independently of it, and are 
 enjoyed by some other person than him 
 who has the dominium. 1 Mackeld. Civ. 
 Law, 232, § 228. See Jus in re. 
 
 JURA MIXTI DOMINIL Lat. In 
 old English law. Rights of mixed do- 
 minion. The king's right or power of 
 jurisdiction was so termed. tlalSs Anal. 
 sect VI 
 
 jijRA PERS'ONARUM. Lat. Rights 
 of persons ; the rights of persons. Rights 
 which concern and are annexed to the 
 persons of men. 1 Bl. Com. 122. HaWs 
 Anal. sect. i. 
 
 JURA PR^DIORUM. Lat. In the 
 civil law. The rights of estates. Dig. 
 50. 16. 86. 
 
 JURA REGALIA. Lat. In English 
 law. Royal rights, or privileges. 1 Bl. 
 Com. Ill, 119. 3 Id. 44. 
 
 JURA REGLA.. Lat In English law. 
 Royal rights; the prerogatives of the 
 crown. CrabVs Hist. 174. 
 
 JURARERUM. Lat. Rights of things ; 
 the rights of things ; rights which a man 
 may acquire over external objects, or things 
 unconnected with his person. 1 Bl. Com. 
 122. 2 Id. 1. Hal^s Anal. sect. i. 
 
 JURA SUMMI IMPERIL Lat. Rights 
 of supreme dominion; rights of sovereignty. 
 Holers Anal. sect. v. 1 Bl. Com. 49. 1 
 Kenfs Com. 211. Called, also, by Hale, 
 jura majestatis. Anal. sect. iv. 
 
 JURAMENTUM. L. Lat. [from iwrare, 
 to swear; hat. juyurandum.J In the civil 
 and common law. An oatL Juramentum 
 est affirmatio vel negatio de aliquo, attestor 
 tione sacroe rei firmata ; an oath is an 
 afSrmation or denial respecting any mat- 
 ter, confirmed by the attestation of a 
 sacred thing. Fleta, lib. 5, c. 22, § 1. Jura- 
 mentum est indivisihile, et non est admitten- 
 dum in parte verum, et in parte falsum ; 
 an oath is indivisible, and is not to be re- 
 ceived as in part true and in part false. 4 
 Inst. 279. See Oath. 
 
 The classic word jusjurandum is used in 
 theDigests. Dig. 12. 2. 'But juramentum 
 occurs in the Code, and is the prevailing 
 word in the later civil law, as in the feudal 
 and old common law. Cod. 2. 59. Feud. 
 Lib. 2, tit. 33. 
 
 JURAMENTUM CALUMNI^. L.. 
 Lat. In the -civil and canon law. The oath 
 of calumny. 4 Seeves' Mist. Eng. Law, 1 6. 
 Calv. Lex. Gilb. For. Rom. 22. Clerke's 
 Prax. Cur. Adm. tit. 42. Called, in the 
 Code of Justinian, sacramentum calumnice. 
 Cod. 2. 59. 2. 3. See Calumnia. 
 
 JURARE. In the civil and feudal law. 
 To swear. Dig. 12. 3. Cod. 5. 53. Feud. 
 Lib. 2, tit. 2. 
 
 JURARE. Lat. In old English law. 
 To swear ; to make oath ; to take an oath. 
 Bract, fol. 340 b. Jurare est Deum in tes- 
 tem vocare, et est actus divini cultiis ; to 
 swear is to call God to witness, and is an 
 act of religion. 3 Inst. 165. Best on 
 Evid. 51, § 55. Jurare duodecimA manu ; 
 to swear by twelve hands; that is, by 
 eleven persons besides the party accused. 
 See Duodecima manus, 
 
 JURAT. [Lat. juratum.'l In practice, 
 The memorandum or clause at the foot of 
 an aflBdavit, showing when, [and in English 
 practice, where,] and before whom it was 
 sworn, (juratum.) 1 Tidd's Pr. 495, In 
 the old forms, it ran thus : Juratum (or, by 
 abbreviation, Jufat') — die — coram J. S. 
 Towns. PL 491. This has been literally 
 translated in the modern forms, " Sworn 
 
JUR 
 
 (llj) 
 
 JUR 
 
 this — day of— before me," &c. ; and the 
 original word jurafi adopted as the name 
 of the clause. 3 Chitt. Gen. Pr. 339, 546. 
 6 Ad. & Ell. (N. S.) 528. 13 Mees. & W. 
 519. 
 
 The clause or certificate at the end of 
 bills and answers in chancery, showing 
 when, and how, and before whom they are 
 sworn to, is also called the jurat, 1 Bar- 
 hour's Chanc. Pr. 44, 144. 
 
 JURATS. [L. Lat. jurati.'j _ Sworn 
 men. OfiBcers of certain municipal cor- 
 porations in England, in the nature of 
 aldermen, or assistants. Cowell. Blount. 
 So called from their official oatlis. See 
 Dugdale on Imhanking, 18, etseq. 
 
 JURATA. L. Lat. [from jurare, to 
 swear.] A jury. Bract, fol. 63 b. Beg. 
 Oriff. 1 79 b, 1 86, 1 88, 222. Adfaciendam 
 juratam illam ; to make that jury. Fleta, 
 lib. 2, c. 65, § 12. So termed from being 
 sworn well and truly to try the issue be- 
 tween the parties, and a true verdict to 
 give according to the evidence. 3 Bl. 
 Com. 365. 
 
 I The jurata, or common jury of the an- 
 cient law, (otherwise itmi&A jurata patri<e, 
 a jury of the country,) as distinguished 
 from the assisa, or assise established by 
 Henry II. The jury seems to have been 
 gradually introduced by usage, as an adap- 
 tation of the mode of trial by twelve men 
 to other cases than those properly triable 
 by the assise, and finally became, (even 
 while assises were in use,) a familiar mode 
 of trying any fact in dispute in a judicial 
 proceeding. It differed from an assise, in 
 being a tribunal chosen by consent of the 
 parties themselves, or appointed by the 
 court on their request ; and in the jurors 
 not being liable to an attaint. In some 
 cases, an assise was turned into a jury, 
 {yertitur in juratam^ and sometimes said 
 to be tafien in the manner, or form of a 
 jury, {in modum juratce.) The difference 
 between an assisa and a jurata was a very 
 common piece of learning in the reign of 
 Henry III. 1 Reeves^ Hist. Eng, Law, 86, 
 335, 336. CraWs Hist. 164. Bract, fol. 
 192 b, 210 b, 215 b. Fleta] lib. 4, c. 16. 
 See Assisa, Assise. 
 
 JURATA. L. Lat. In English prac- 
 tice. The jury clause in a nisi prius re- 
 cord, so called from the emphatic words of 
 the old forms : Jurata ponitur in respectum ; 
 the jury is put in respite. Towns. PI. 487. 
 Telv. 97. T. Baym. 74. 
 
 JURATOR. L. Lat. [from jurare, to 
 
 swear.] In old English law. A juror. 
 Juratores; jurors. 3 Bl. Com. 365. Ju- 
 raiores assisce ; jurors of the assise. Reg. 
 Orig. 188, 223. Juratores debent esse minus 
 suspecti ; jurors ought to be free from suspi- 
 cion. Jenh. Cent. 141, case 88. Juratores 
 sunt indices facti. Jurors are the judges of 
 fact. Jenk. Cent. 68, case 29. 
 
 A compurgator ; one who swore for a 
 defendant. Fleta, lib. 2, c. 63, § 11. 
 
 JURATORY caution; [L. Lat. 
 cautio juratoria."] In Scotch law. Secu- 
 rity given by oath. See Cautio. 
 
 JURE. Lat. [abl. of jus, q. v.] By 
 right ; in right ; by the law ; according to 
 the law. See infra. 
 
 JURE BELLL Lat. By the right, or 
 law of war. 1 Kenfs Com. 126. 1 Rob. 
 Adm. R. 289. 
 
 JURE CIVILL Lat. By the civil law, 
 Inst. 1. 3. 4. 1 Bl. Com. 423. 
 
 JURE DIVINO. L, Lat. By divine 
 right. l,Bl. Com. 191. 
 
 JURE ECCLESLE. L. Lat. In right 
 of the church. 1 Bl. Com. 401. 
 
 JURE EMPHYTEUTICO. Lat. By 
 the right or law of emphyteusis. 3 Bl. 
 Com. 232. See Emphyteusis. 
 
 JURE GENTIUM. Lat. By the law 
 of nations. Inst. 1. 3. 4. 1 Bl. Com. 423. 
 See Jus gentium. 
 
 JURE NATURE. Lat. By or ac- 
 cording to the law of nature. Jure natnrx 
 a;qunm est neminem cum alteiius detrimento 
 et injuria fieri locnpletiorem. According 
 to the law of nature, it is just that no man 
 should be made richer by the loss and in- 
 jury of another. Big. 50. 17. 206. 
 . JURE PROPINQUITATIS. L. Lat. 
 By right of propinquity, or nearness. 2 
 CrabVs Real Prop. 1019, §2398. 
 
 JURE REPRE8ENTATI0NIS. L.Lat. 
 By right of representation ; in the right of 
 another person. 2 5Z. Com. 224, 617. 2 
 Crabb's Real Prop. 1019, § 2398. 
 
 JURE UXORIS. L. Lat. In right of 
 a wife. 3 Bl. Com. 210. 
 
 JURE, Juree. L. Fr. [from jurer, to 
 swear.] A jury. Serra la verite enquis 
 par jure ; the truth shall be inquired by a 
 jury. Britt. c. 51. Serra la verite enquis 
 par les jurours en forme de juree ; the 
 truth shall be inquired by the jurors in 
 the form of a jury. Id. c. 86. The chap- 
 ters of Britton here referred to, are re- 
 spectively entitled " De assises toumes en, 
 jures,"atii "De assises toumes enjurees ;" 
 (of assises turned into juries.) 
 
JUR 
 
 (112) 
 
 JUR 
 
 JURER. L. Fr. [from Lat. jurare.l 
 To swear. BritL c. 1. Jurgent ; they 
 stall swear. Id. c. 2. 
 
 JURIDICAL. [Lat. juridicus, q. v.] 
 Relating to the administration of justice. 
 A juridical day is one on which courts sit 
 for the administration of- justice. See 
 Juridicus. 
 
 Belonging to the office of a judge. See 
 Judicial. 
 
 JURPICUS. Lat [fromyws, law, and 
 dicere, to say, or pronounce.] Belonging 
 to law ; relating to the administration of 
 justice in, or by a court. Dies juridicus ; 
 a day on which courts can lawfully sit ; a 
 juridical day ; a law or court day.* See 
 Dies juridicus. 
 
 Sum effectns in execntione consistit. 
 
 The effect of the law consists in the execu- 
 tion. Co. Liu. 289 b. 
 
 JURIS ET DE JURE, Lat. Of law 
 and fifom law. A term applied to absolute 
 and conclusive presumptions, its distin- 
 guished from those which are inconclusive 
 or rebuttable, which are termed presump- 
 tiones juris merely. Best on Presumptions, 
 20, § 17. Best on JEvid. 43, § 48. Burr. 
 Circ. Uvid. 46. See Frcesumptio juris, 
 Prcesumptio juris et dejure. 
 
 JURIS ET SEISIN./E CONJUNCTIO. 
 L. Lat. In old English law. The union 
 of the right [of possession or property in 
 land] and the seisin, i. e. the actual cor- 
 poral possession; constituting the com- 
 plete title to lands, tenements and heredita- 
 ments. Fleta, lib, 3, c. 15, § 5. 2 Bl. 
 Com. 199, 311. 3 Id. lie. 
 
 ;{URIS POSITIVI, L. Lat. Of posi- 
 tive law ; a regulation or requirement of 
 positive law, as distinguished from natural 
 or divine law. 1 BL Ccm. 439. 2 Steph. 
 Com. 286. The fixing the period of iiill 
 age at twenty-one years, is said to be 
 merely arbitrary and juris positivi. 1 Bl. 
 Com. 464.. So, rules of sucpession to 
 estates are said to be creatures of the civil 
 polity, and juris positivi, merely, 2 Id. 
 211. 
 
 JURIS PRIVATL Lat. Of private 
 right ; subj ects of private property. Hale^s 
 Anal. sect, xxiii. 
 
 JURIS PUBLIGL Lat. Of common 
 right ; of common or public use ; such 
 things as, at least in their own use, 
 are common to all the king's subjects ; as 
 common highways, common bridges,, com- 
 mon rivers, and common ports. Halis 
 Anal. sect, xxiii. The phrase publici juris 
 
 is also used, ffale de Jur. Mar. pars 1, 
 c. 3. 
 
 JURIS UTRUM. L.Lat. In English 
 law. A writ which lay for the incumbent 
 of a benefice, to recover the lands or tene- 
 ments belonging to the church, which were 
 aliened T^y his predecessor. Termes de la 
 Ley. F. JV. B. 48 R, 49. Sometimes 
 called " the parson's writ of right," being 
 the highest writ he could have. 3 Bl. 
 Com. 252. 
 
 JURISCONSULTUS. Lat. [from jus, 
 law, (juris, of law,) and consultus, con- 
 sulted.]. In the civil law. One who is 
 consulted on matters of law ; a learned 
 person who gives counsel on questions of 
 law ; a jurisconsult. The jurisconsuUi of 
 the Roman law were learned persons 
 (prudentes) who were authorised to give 
 answers on matters of la,v,^{quibus per- 
 missum erat dejure respondere,) and whose 
 opinions (called responsa prvdentum) were 
 of binding authority. Inst. 1. 2. 8. 
 
 JCtus or ICtus is sometimes used as a 
 contraction of this word. 
 
 JURISDICTIO. Lat. [from jus, law, 
 right, (juris, of law,) and dictio, a speak- 
 ing, declaring, or determining.] In old 
 .English law. Jurisdiction ; authority to 
 ju(^e, or administer justice. Nihil aliud 
 est jurisdictio quam habere autoritatem ju- 
 dicandi sive jus dicendi inter partes de ac- 
 tionihus personarum et rerum, secundum 
 quod deductce fuerint in judicium per auc- 
 toritatem ordinariam vel delegatam ; ju- 
 risdiction is nothing else than the having 
 authority of judging or of administering 
 justice [declaring the law] between the 
 parties to personal and real actions, accord- 
 ing as they may have been brought into 
 court by ordinary or delegated authority. 
 Bract, fol. 400 b. See Fleta, lib. 6, c. 37, 
 
 Jurisdictio est potestas de publico intro- 
 ducta, cum necessitate juris dicendi ; juris- 
 diction is a power introduced of common 
 right, [by public authority or for the com- 
 mon benefit,] arising out of the necessity 
 of declaring the law. 10 Co. 73 a. The 
 case of the Marshalsea. 1 Buhtr. 211. 
 This definition is borrowed from the civil 
 law. Id. ibid. 
 
 JURISDICTION. [Lat. jurisdictio, q. 
 v.] Authority to judge, or administer jus- 
 tice ; power to act judicially ; power or 
 right to pronounce judgment.*— The right 
 by which judges exercise their power. 
 Hal^s Anal. sect. xi. — The power of hear- 
 
JUR 
 
 (113) 
 
 JUS 
 
 ing and determining causes, and of doing 
 justice in matters of complaint. SaMifax, 
 Anal. b. 3, c. 8, num. 4. " The power to 
 hear and determine a cause is jurisdiction." 
 Baldwin, J. 6 PeUrs' B. 691, 709. 2 
 Howard's R. 319, 338. To liisiye jurisdic- 
 tion in a criminal case is to have power to 
 inquire into the facts, to apply the law, and 
 to declare the punishment in a regular 
 course of judicial proceeding. Shaw, C. 
 J. 3 Metcalfs R. 460, 462. See United 
 States Digest, Jurisdiction. 
 
 In a more general sense — power to 
 mate law ; power to legislate or govern ; 
 power or right" to exercise authority. 
 
 JURISPERITUS. Lat. [from /MS, law, 
 (juris, of law,) and peritus, slalled.] Skilled 
 or learned in the law. 
 
 JURISPRUDENCE. [Lat. jurispru- 
 dentia, q. v.] The science of law ; know- 
 ledge of law. See Jurisprudentia. 
 
 JURISPRUDENTIA. Lat. [fro^ jus, 
 law, [juris, of law,) a.xii prudentia, wisdom, 
 knowledge.] In the civil and common 
 law. Jurisprudence, or legal science. 
 
 Jurisprudentia est divinarum atque hu- 
 manarum rerum notiiia, justi atque in- 
 justi scientia ; jurisprudence is the know- 
 ledge of things divine and human, the 
 science of what is right and what is wrong. 
 Big. 1. 1. 10. 2. Inst. 1. 1. 1. This defi- 
 nition is adopted by Bracton, word for 
 word. Bract, fol. 3. 
 
 Jurisprudentia legis communis Anglim 
 est scientia socialis et copiosa; The juris- 
 prudence of the common law of England 
 is a social and copious science : " social, in 
 that it agreeth with the principles and rules 
 of other excellent sciences, divine and hu- 
 man ; copious, for that, quamvis ad ea 
 quce frequentius acciduntjura adaptantur, 
 (though laws are adapted to those cases 
 which more frequently happen) yet in a 
 case so rare, and of such a quality that 
 loss is the assured end of the practice of it, 
 there should be such a multitude and 
 farrago of authorities in all successions of 
 ages, in our books and book-cases, for the 
 deciding of a point of so rare an accident." 
 7 Co. 28 a, Calvin's case. 
 
 JURIST, [from Lat. jus, law.] One 
 who is versed or skilled in law ; answering 
 to the lint. jurisperitus, (q. v.) 
 
 One who is skilled in the civil law, or 
 law of nations. The term is now usually 
 applied to those who have distinguished 
 themselves by their writings on 
 subjects. 
 
 Vol. IL 
 
 JURNALE. L. Lat. In old records. 
 The journal or diary of accounts in a re- 
 ligious house. Kennetfs Par. Ant. 571. 
 Gowell. 
 
 JURNEDUM. L. Lat. In old Eng- 
 lish law. A journey ; a day's travelling. 
 Cart. S. Edmund, cited in Gowell. 
 
 JUROR. [L. Fr. jurour, jorour ; L. 
 Lat. jurator.\ In practice. One of a 
 jury ; a person sworn (juratus) on a jury ; 
 a juryman. See United States Digest, 
 Jurors. 
 
 JURY. [L. Fr. jure, juree ; L. Lat. 
 jurata, qq. v.] In practice. A certain 
 number of men, selected according to law, 
 and sworn [jurati) to inquire of certain 
 matters of fact, and declare the truth upon 
 evidence to be laid before them. This 
 definition embraces the various subdivisions 
 of juries, as grand jury, petit jurg, common 
 jury, special jury, coroner's jury, sheriff's 
 jury, (qq. v.) 
 
 In a narrower sense, twelve men, selected 
 and sworn according to law, constituting 
 the ordinary and proper tribunal for the 
 trial of issues of fact in actions at law ; 
 otherwise termed the petit jury, to dis- 
 tinguish it from the grand jury.* A jury, 
 ex vi termini, imports twelve men. 6 Met- 
 calfs R. 231, arg. " That the term 'jury,' 
 without addition or prefix, imports a body 
 of twelve men in a court of justice, is as 
 well settled as any legal proposition can 
 be." Thurman, C. J. 4 Ohio St. R. 111. 
 See 2 Wisconsin R. 22. 3 Id. 219. 3 
 Kernan's R. 427. 2 Id. 190. 2 Parker's 
 Grim. R. 812. 
 
 JURY BOX. In practice. The place 
 in court (strictly, an enclosed place) where 
 the jury sit during the trial of a cause. 1 
 Arckb. Pr. 208. 1 Burr. Pr. 455. 
 
 JURY MAN. One of a jury ; a juror. 
 Little used. 
 
 JURY PROCESS. In practice. The 
 process by. which a jury is summoned in 
 a cause, and by which their attendance is 
 enforced. In England, it consists of the 
 writs of venire facias, and distringas jura- 
 tores. 2 ■ Tidd's Pr. 111. Ghitt. Arch. 
 Pr. 249. 2 Steph. Com. 589. See Venire. 
 
 JUS. Right in general, or in the ab- 
 stract; justice; equity; otherwise termed 
 fas ; (L. Lat. rectum, Fr. droit.) Bract. 
 fol. 2 b. Fleta, lib. 6, c. 1, § 1. See 
 Rectum, Right. 
 
 Law. Dig. 1. 1. 1. pr. Id. 1. 1. 10. 1. 
 Id. 1. 2. 2. 12. Jus publicum: public 
 law. Id. 1. 1. 1. 2. 
 
JUS 
 
 (114) 
 
 JTJS 
 
 Law, as dfslanguished from equity ; strict 
 law, {^pro rigore juris.) Bract, fol. 3. 
 
 A, or the law. Jus civile ; the ciyil law. 
 Jus gentium ; Ijielaw of nations. Inst, 1. 
 1, 2. Dig. 1. 1. 5, 6. Bract, fol. 3 b, 4. 
 See Law. 
 
 A, or the right ; as applied to a particn- 
 law person or subject. Jus ad rem ; aright 
 to a thing. Jus possessimii ; the right of 
 possession. See infra. 
 
 A rule of law or regulation. Jusvetus; 
 the old rule or law. Jus novum ; the new 
 rule. Inst. 2. 13. 
 
 An action. Bract, fol. 3. Or rather, 
 those proceedings in the Eoman action 
 which were conducted before the praetor. 
 See AcUo. 
 
 Power or authority. Siti juris ; in one's 
 own power ; independent. Inst. 1. 8. pr. 
 Bract, fol. 3. Alieni juris ; under another's 
 power. Inst. 1. 8. pr. 
 
 The profession, (ars) or practice of the 
 law. Jus ponitur pro ipsa arte. Bract. 
 fol. 2 b. 
 
 A court or judicial tribunal, (locus in, quo 
 redditur jtis.) Bract, fol. 3. 
 
 im est ars boni et ieqni. Law is the sci- 
 ence of what is good and just. Big. 1. 1. 
 1. 1. Bract, fol. 2 b. This definition is 
 considered by the learned editor of Mackel- 
 dey's Civil Law, to be inaccurate or imper- 
 fect, as it makes law merely the science of 
 morals, or, at most, the science of equity. 
 1 Mackeld. Oiv. Law, 122, 123, Eaufinanh's 
 note, ibid. 
 
 Jns est norma recti ; et qnieqnid est contra 
 normam recti est injuria. Law is a ride of 
 right ; and whatever is contrary to the rule 
 of right is an injury. 3 Bulstr. 313. 
 
 Jds et frans nnnpam coliabitant. Eight 
 and fraud never dwell together. 10 Co. 
 45 a, Jenning's case. Applied to the title 
 of a statute. Id. ibid. Best on Evid. 
 250, § 205. 
 
 Jus ex injnria non oritur. A right does 
 [or can] not arise out of a wrong. 4 Bing. 
 639. Broom^s Max. 352, note. 
 
 Jus non liabenti tute non paretnr. One 
 
 who has no right cannot be safely obeyed. 
 Hob. 146. 
 
 Jus respicit eequitatem. The law regards 
 
 equity. Co. Litt. 24 b. Broom's Max. 
 39, [112.] 
 
 JUS ACCRESCENDL L. Lat. The 
 right of survivorship ; sometimes called 
 the right of accruer or accretion. Bract. 
 fol. 262 b. This is a principal incident 
 peculiar to an estate held by severaiyoiM%; 
 
 and is so called, because, upon the death of 
 one joint tenant, the right or share which 
 he had, accumulates and increases, or ac- 
 crues to the survivor ; \pars ilia communis, 
 per jus accrescendi, accrescit superstitibus.) 
 Id. ibid. Fl-eta, lib. 3, c. 4, § 2. 2 Bl. 
 C<ym. 184. 1 Steph. Cm,. 316. 2 CfabVs 
 Real Prop. 940, § 2306. 
 
 Jus accrescendi iiiter mercafores, pro bene- 
 ficio comm«rcii, lotum non habet. The 
 right of survivorship has no place between 
 merchants, for the benefit of commerce. 
 Co. Litt. 182 a. 2 Siory'sEq. Jur. § 1207. 
 There is no survivorship in cases of j)art- 
 nership, as there is in joint-tenancy. Story 
 on Partn. § 90. It is an universally es- 
 tablished principle of the whole commercial 
 world, that the property and effects of a 
 partnership do not, in case of a dissolu- 
 tion by death, belong exclusively to the 
 survivors, but are to be distributed between 
 them ^nd the represfentatives of the de- 
 ceased, in the same manner as they would 
 have been upon a voluntary dissolutidn in- 
 ter vivo's. Id. § 842. 
 
 Jus acctescenai preefertnr oneribus. The 
 
 right of survivorship is preferred to incum- 
 brances. Co. Litt. 185 a. Hence no 
 dower or curtesy can be claimed out of a 
 joint estate. 1 Steph. Com. 316. 
 
 Jus accrescendi psefertur ultimsB voMn- 
 
 tati. The right of survivorship is preferred 
 to the last will. Co. Litt. 185 b. A de- 
 vise of one's share of a joint estate, by will, 
 is no severance of the jointure ; for no tes- 
 tament takes effect tifl after the death of 
 the testator, and by such death the right 
 of the survivor (which accrued at the origi- 
 nal creation of the estate, and has there- 
 fore a priority to the other) is already 
 vested. 2 Bl. Com. 186. 3 Steph. Com. 
 316. 
 
 JUS AD REM. Lat. In the civil law. 
 A right to a thing. A personal rigbt ap- 
 plying only against the actual obligfee, as 
 distinguished from/ws in re, a right in the 
 thing itself; which is a real right having 
 effect against every third person. 1 Mackeld. 
 Civ. Law, 321, Kaufinann's note. De- 
 fined by Huberus and Heineccius,/a!CM?ias 
 competens personce in personam, ut kcec ali- 
 quid dare velfacere teneatur ; (a power be- 
 longing to one person against another per- 
 son, [by which] the latter may be compelled 
 to give or do something.) Jleinecc. Elem. 
 Jur. Civ. lib. 2, tit. 1, § 332. Property 
 consisting in action or obligation is called 
 jus ad rem ; property in possession or do- 
 
JUS 
 
 (115) 
 
 JUS 
 
 minion is eaUed^'tt* in re. Mallifax, Anal. 
 
 b. 2, c. 1, num. 9. Property ia action,, 
 when considered with regard to the person 
 from whom it is due, is called obligation ; 
 when considered with regard to the person 
 to whom it is due, it is called jus ad rem. 
 Id. c. 13, num. 1. Story's Oonfl. Laws,, 
 § 530. These terms are derived from the 
 canon law. 2 Wooddes. Lect. 235. 1 
 Kenfs Qom. \11. 
 
 In the canon law. A right to a thing. 
 An inchoate and imperfect right, such as 
 ia gaiaed by nomination and institution, as 
 distinguished from jus in, re, or co«plete 
 and fuU right; such as is acquired by cor- 
 poreal possession. Decretal. Wo. 2, tit. 4, 
 
 c. 40. 2 Bl. Qom. 312. 
 
 In the common law. A right to a thing. 
 A disseiseaf hath majus jus ad rem, viz. in 
 jure, to have the land than the heir of the 
 disseisor hath ; but the heir of the disseisor 
 hath majus jus in re, viz. in possession, to 
 have the land than the disseisee hath. 
 PerMns, ch. 3, s. 218 B. Lord Bacon 
 calls ^M* in re an estate ; jus ad rem, a de- 
 mand. Bac. Mead. Uses. 
 
 In modern law. A right to a thing with- 
 out the possession of it. 1 Kenis Qom. 177. 
 An imperfect or incomplete right. Co wen, J. 
 4 HilVs (N. Y.) R. 635, 640. A lien de- 
 pending wholly upon contract is called a 
 jus ad rem. 1 Duer on Ins. 538, note. 
 
 JUS AQUAM DUCENDI. Lat. In 
 old English law. The right of leading 
 vrater, (over another's land.) Fleta, lib. 4, 
 c. 18, § 3. See Aqurn ductus. 
 
 JUS ALBINATUS. L. Lat. The 
 droit d'auhaine, (q. v.) See Albinat&sjus. 
 
 JUS BANCI. L. Lat. In old English 
 law. The right of bench. The right or 
 privilege of having an elevated and sepa- 
 rate seat of judgment, anciently allowed 
 only to the king's judges, who hence were 
 said to administer high justice, (summMm 
 administrant justitiam.) Blount, voo. 
 
 JUS BELLI. Lat. The law of war. 
 The law of nations as applied to a state of 
 war, deflniag in particular the rights and 
 duties of the belligerent powers themselves, 
 and of neutral nations. 
 
 The right of war ; that which may be 
 done without injustice, with regard to an 
 enemy. Qrotiusde Jure Belli, lib. 1, c. 1, § 3. 
 
 JUS CIVILE. Lat. Civil law; the 
 civil law. The whole body of law peculiar 
 to any state ; the law by which particular 
 districts, communities or nations are gov- 
 
 erned. Quod quisque populus sibi jus con- 
 stituit, id ipsius proprium civitatis est, vaca- 
 tur que jus civile, quasi ya& proprium ipsius 
 civitatis ; that law which every people es- 
 tablishes for itself is peculiar to the state 
 which establishes it, and,is called civil law, 
 being, as it were, the proper law of such 
 state {civitatis.) Inst. 1. 2. 1. Otherwise 
 called by Blackstone, mmtidpal law. 1 Bl. 
 Qom. 44. 
 
 The civil law of the Romans, in particu- 
 lar ; the law used by the Roman people ; 
 {Jus civile Romanorum^ Inst. 1. 2. -2. 
 Now called emphatically " the civil law." 
 
 Among the Romans, the term jus civile 
 was used in a more restricted sense, to 
 signify all the Roman law, except the jus 
 honorarium. Dig. 1. 1. 7, pr. And, in a 
 Still more restricted acceptation, to denote 
 only the auctoritas prudentum, and the 
 disputatio fori. Dig. 1. 2. 2, 5, 12. 
 
 JUS CIVITATIS. Lat. In the Ro- 
 man law. The right of citizenship, (the 
 right of the city,) the right of a Roman citi- 
 zen. Butler's Hor. Jur. 27. See Qivitas, 
 
 In English law, "jus civitatis answers to 
 that we call denization or naturalization." 
 Bacon's Works, iii. 265. 
 
 JUS COMMUNE. Lat. In the civil 
 law. Common right; the common and 
 natural rule of right, as opposed to jus sin- 
 gulare, (q. v.) 1 Mackeld. Qiv. Law, 181, 
 188. See Dig. 50. 17. 81. Bracton uses 
 the phrase in this sense. Poterit quis re- 
 nuntiare iis quce pro se et suis iniroducta 
 sunt contra jus commune ; a person may 
 relinquish rights introduced for the benefit 
 of himself and his, [that is, those claiming 
 under him,] against the common rule of 
 law. Bract, fol. 49. 
 
 In English law. The common law, an- 
 swering to the Saxon folcright. 1 Bl. Qom. 
 67. 
 
 JUS CORONA. Lat. In English law. 
 The right of the crown, or rather to the 
 crown ; the right of succession to the throne. 
 1 Bl. Qom. 191. 2 Sieph. Qom. 434. 
 
 JUS CUDEND^ MONET^. L. Lat. 
 In old English law. The right of coin- 
 ing money. 2 How. St. Trials, 118. 
 
 JUS CURIALITATIS. L. Lat. In 
 English law. The right of curtesy. Spel- 
 man. See Qurialitas, Qurtesy. 
 
 JUS DARE. Lat. To give law ; to 
 make law. The province of the legislative 
 power. 3 P. Wms. 485. See Jus dicere. 
 
 JUS DELIBERANDL Lat. In the 
 civil law. The right of deliberating ; a 
 
JUS 
 
 (116) 
 
 JUS 
 
 right granted by the praetor to the heir, 
 allowing him time to consider whether he 
 would accept the inheritance or not. Inst. 
 2.19.5. i)J5r. 28. 8. Corf. 6. 30. SeeZ>eZi6e- 
 rare. Adopted in Scotch law. BelVs Diet. 
 JTJS DICEKE. Lat. To declare the 
 law ; to say what the law is. The province 
 of a court or judge. " My. business in this 
 and every other case, is^ws dicere, non jus 
 dare." Lord Henley, C. 2 Eden, 29. 3 
 P. Wms. 485. 
 
 JUS DISPONENDL L. Lai The 
 right of disposing. 2 Kenfs Com. 1'74. 
 3 Id. 44. 
 
 JUS DUPLICATUM. Lat. A double 
 right ; the right of possession united with 
 the right of property ; otherwise called 
 droit droit. 2 Bl. Com. 199. 
 
 JUS FALCANDL Lat. In old Eng- 
 lish law. The right of mowing or cutting. 
 Fleta, lib. 4, c. 27, § 1. 
 
 JUS FECIALE. Lat Inthe Koman 
 law. The law of arms. Taylor's Civ. 
 Law, 63. 
 
 JUS FIDUCIAKIUM. Lat. In the 
 civil law. A right in trust, as distinguished 
 from jus legitimum, a legal right. 2 Bl. 
 Com. 328. A right for which there is a 
 remedy, but only in conscience. Bacon^s 
 Bead. Uses. 
 
 JUS FLUMINUM. Lat. In the civil 
 law. The right to the use of rivers. Locce- 
 nius de Jur. Mar. lib. 1, c. 6. 
 
 JUS FODIENDL Lat. In the civU 
 and old English law. A right of digging 
 on another's land. Inst. 2. 3. 2. Bract. 
 fol. 222. Fleta, lib. 4, c. 19, § 6. 
 
 JUS GENTIUM. Lat. The law of 
 nations. Quod naturalis ratio inter, omnes 
 homines constituit, id apud omnes gentes 
 perceque custoditur, vocaturque jus gentium, 
 quasi quo jure omnes gentes utantur ; that 
 law which natural reason has established 
 among all men is equally observed among 
 all nations, and is called the law of nations, 
 as being the law which all nations use. 
 Inst. 1. 2. 1. Dig. 1. 1. 9. Id. 1. 1. 1. 4. 
 Id. 1. 1. 5. Id. 41. 1. 1. 1 Bl. Com. 43. 
 1 Kenis Com. '1. 1 Mackeld. Civ. Law, 
 21, § 31. Id. 124, § 113. See Grotiusde 
 Jur. Bell. lib. 2, c. 8, § 26. Tayl. Civ. 
 Law, 121. 
 
 JUS GERANIL L. Lat. In old Eu- 
 ropean law. Literally, the right of the 
 crane ; the right of unloading goods from 
 vessels by means of a hoisting engine called 
 a crane, (geranium.) Loccenius de Jur. 
 Mar. lib. 1, c. 10. See Jus Stapulce. 
 
 JUS GLADIL Lat. In the civil law. 
 The right of the sword; the executory 
 power of the law ; the right, power or pre- 
 rogative of punishing for crime. 4 Bl. 
 Com. 177. Potestas animadvertendi in 
 facinorosos. Calv. Lex. Sometimes called 
 potestas gladii, (the power of the sword.) 
 Big. 50. 17. 70. 
 
 JUSHAURIENDL Lat. In civil and 
 old English law. The right of drawing 
 water. Fleta, lib. 4, c. 27, § 1. 
 
 JUS HONORARIUM. Lat. In the 
 Roman law. The honorary law.. A code 
 of equitable jurisprudence compiled from 
 the edicts of the praetors and aediles. Inst. 
 1. 2. Dig. 1. 2. 2. 10, 12. Hallifax, 
 Anal. b. 1, c. 2, num. 12. 1 Spencers 
 Chancery, 322, 824. 1 Mackeld. Civ. Law, 
 23, § 33. So called ab honore prcetoris, 
 that is, from the public offices with which 
 the praetors and aediles were invested, and 
 from which that law issued ; and hence 
 signifying law by the magistrates. Id. 
 ibid, note {d.) Inst. 1. 2. 7. Called in 
 the Digests, the living voice of the civil 
 law, (viva vox juris civilis.) Dig. 1. 1. 8. 
 
 JUS IMMUNITATIS. Lat. In the 
 civil law. The law of immunity, or ex- 
 emption from the burden of public office. 
 Dig. 50. 6. 
 
 JUS INDIVIDUUM. L.Lat. An in- 
 dividual or indivisible right; a right in- 
 capable of division. 36 Fng. Law. <& Eq. 
 B. 25. 
 
 JUS IN RE. Lat. A right in a thing. 
 Defined by the civilians, facultas homini 
 in rem competens, sine respectu ad certam 
 personam ; a power belonging to a man 
 over a thing, without reference to any par- 
 ticular person. Heinecc. Elem. Jur. Civ, 
 lib. 2, tit. 1, § 332. A right in a thing 
 itself, having efiect against every third per- 
 son. 1 Mackeld. Civ. Law, 321, § 294, 
 Kaufmann's note. A fixed right of pro- 
 perty, annexed or attached to a thing. 
 Story on Bailm. 93 g. See Story''s Conjl. 
 Laws, § 371. — Property in possession or 
 dominion, as distinguished from^MS ad rem, 
 (q. V.) Hallifax, Anal. b. 2, c. 1, num. 9. 
 Story's Cmfl. Laws, § 530. 
 
 A right in a thing, implying both right 
 and possession. 1 Kenfs Com. 177. A 
 complete, as distinguished from an imper- 
 fect right* Cowen, J. 4 HilVs (N. Y.) 
 B. 635, 640. — A lien accompanied with 
 possession ; a visible lien. 1 Duer on Ins. 
 538, note. 
 
 JUSLATIL Lat In the Roman law. 
 
JTJ8 
 
 (111) 
 
 JUS 
 
 The right of Latium or of the Latins. The 
 principal privilege of the Latins seems to 
 have been the use of their own laws, and 
 their not being subject to the edicts of the 
 praetor ; and that they had occasional ac- 
 cess to the freedom of Rome, and a par- 
 ticipation in her sacred rites. Butler's 
 Ror. Jur. 28. 
 
 JITS LEGITIMUM. Lat. In the civil 
 law. A legal right; one which was re- 
 medied by the ordinary course of law. 2 
 Bl. Com. 328. Bacon? s Bead. Uses. 
 Cowen, J. 2 mil's (N. Y.) B. 418, 424. 
 
 JTJS MARITL Lat. • The right of a 
 husband; especially the right which a 
 husband acquires to his wife's moveable 
 estate by virtue of the marriage. 1 Forbes' 
 Inst, part 1, p. 63. Bell's Diet. 
 
 JUS MERUM. L. Lat. In old Eng- 
 lish law. Mere or bare right ; the mere 
 right of property in lands, without either 
 possession or even the right of possession. 
 2 Bl Com. 191. Bract. M. 23. Fleta, 
 lib. 5, c. 5, § 37. 
 
 JUS NATURE. Lat. The law of 
 nature. See Jus naturale. 
 
 JUSNATURALE. Lat. Natural law. 
 The name given among the Romans to that 
 law which . is derived from the animal na- 
 ture of man, and from those instincts which 
 he has in common with the brute creation. 
 1 Mackeld. Oiv. Law, 124, § 113. Id. 
 125, 126, Kaufmann's note. Dig. 1. 1. 1. 4. 
 Tayl. Civ. Law, 111. Bract, fol. 3 b. 
 
 The law of nations {^jus gentiurn) was 
 sometimes called by this name. Inst. 1. 
 2. 11. Id. 2. 1. 11. See Tayl. Civ. Law, 
 128. 
 
 Grotius defines /ms naturale to be dicta- 
 tum rectce rationis, indicans actui alicui, 
 ex ejus convenientia aut disconvenientia 
 cum ipsa natura rationali, inesse moralem 
 turpitudinem aut necessitatem moralem ; 
 which Dr. Taylor translates, "the rule and 
 dictate of right reason, showing the moral 
 deformity or moral necessity there is in any 
 act, ' according to its suitableness or un- 
 suitableness to a reasonable nature." Grot, 
 de Jur. Bell. lib. 1, c. 1, § 10. Tayl. Oiv. 
 Law, 99. 
 
 JUS NAVIG-ANDL Lat. The right 
 of navigating or navigation ; the right of 
 commerce by ships or by sea. Loccenius 
 de Jur. Mar. lib. 1, c. 3. 
 
 JUS NECI8. Lat. In the Roman law. 
 The right of death ; or of putting to 
 death. A right which a father anciently 
 had over his children. 8 Gibbon's Bom. 
 
 Emp. 169, (Am. ed. 1844.) Adam's Bom. 
 A.nt 51 
 
 JUs'nON SCRIPTUM. Lat. The 
 unwritten law. 1 Bl. Com. 64. 
 
 JUS PAPIRIANUM, or Jus Civile Pa- 
 pirianum. Lat. The civil law of Papirius. 
 The title of the earliest collection of Roman 
 law, said to have been made in the time of 
 Tarquin, the last of the Mugs, by a,poniifex 
 maximus of the name of Sextus or PubUus 
 Papirius. Dig. 1. 2. 2. 2. Very few frag- 
 ments of this collection now remain, and 
 the authenticity of these has been doubted. 
 1 ITent's Com. 517. 1 Mackeld. Civ. Law, 
 14, § 21. 
 
 JUS PASCENDL Lat. In civil and 
 old English law. The right of pasturing 
 cattle. Inst. 2. 3. 2. Dig. 8.3. 1. 1. Bract. 
 fol. 53 b, 222. Fleta, lib. 4, c. 27, § 1. 
 
 JUS PATRONATUS. L. Lat. In 
 English ecclesiastical law. The right of 
 patronage ; the right of presenting a clerk 
 to a benefice. Blount. 
 
 A commission from the bishop, where 
 two presentations are ofiered upon the 
 same avoidance, directed usually to his 
 chancellor and others of competent learn- 
 ing, who are to summon a jury of six 
 clergymen and six laymen, to inquire into 
 and examine who is the rightful patron. 
 3 Bl. Com. 246. 3 Steph. Com. 517. 
 
 JUS PISCANDL Lat. In civU and 
 old English law. The right of fishing. 
 Fleta, lib. 4, c. 27, § 1. Loccenius de Jur, 
 Mar. lib. 1, c. 9. 
 
 JUS PORTUS. L. Lat. In maritime 
 law. The right of port or harbor. Loc- 
 cenius de Jur. Mar. lib. 1, c. 8. 
 
 JUS POSSESSIONIS. Lat. A, or 
 the right of possession, or seisin. Bract. 
 fol. 3. Fletxi, Jib. 4, c. 1, § 2. Co. Litt. 
 266 a. 3 Bl. Com. 177, 191. 
 
 JUS POSTLIMINIL Lat. In the 
 civil law. The right of postliminy; the 
 right or claim of a person who had been 
 restored to the possession of a thing, or io 
 a former condition, to be considered as 
 though he had never been deprived of it. 
 Dig. 49. 15. 5. 3 Bl. Com. 107, 210. 
 See Postliminium. 
 
 In international law. The right by 
 which property taken by an enemy, and 
 recaptured or rescued from him by the 
 fellow-subjects or allies of the original 
 owner, is restored to the latter upon certain 
 terms. 1 ICenfs Com. 108. 
 
 JUS PR^LATIONIS. Lat. The right 
 of preference or priority ; the priority of 
 
JUS 
 
 (118) 
 
 JUS 
 
 one creditor over another. Siory Confi. 
 Laws, § 325 c. 
 
 JUS PR^SENS. Lat. In the civil 
 lavr. A present or vested right ; a right 
 already completely acqxiired. 1 Mackdd. 
 Oiv. Law, 174, § 183. 
 
 JUS PEJETORIUM. Lat. In the 
 civil law. The discretion of the praetor, as 
 distinct from the leffes, or standing laws. 
 3 £1. Gom.. 49. That kind of law which 
 the praetors introduced for the purpose of 
 aiding, supplying or correcting the civil 
 law, for the public benefit. Diff. 1. 1. 7. 
 Called also Jus honorarium, (q. v.) 
 
 JUS PRECARIUM. Lat. In the civil 
 law. A right in courtesy, for which the 
 remedy was only by entreaty, {preee,) or 
 request, (or for which, in other words, 
 there was no remedy at all.) JSacon's Bead. 
 Uses. 2 Bl. Com. 328. Cowen, J. 2 
 HilVs (N. Y.) R. 418, 424. 
 
 JUS PROPRIETATIS. Lat. The right 
 of property, as distinguished from the jus 
 possessionis, or right of possession. Bract. 
 fol. 3. Fleta, lib. 4, c. 1, § 2. Called by 
 Bracton {uhi supra) jus merum, the mere 
 right. 2 Bl. Gom. 197. 3 Id. 19, 176. 
 
 JUS PUBLICUM. Lat. In the Ro- 
 man law. Public law ; that which regards 
 the condition of the Roman state ; {guod 
 ad statum rd Bomance spectat.) Inst. 1. 
 1. 4. Diff. 1. 1. 1. 2. This definition is bor- 
 rowed by Bracton, who accommodates it 
 to the English jurisprudence. JSst jus pub- 
 licum quod ad statum reipublicce pertinet. 
 Bract, fol. 3 b. 
 
 Jos pnlilicnm, priTatoinm pactis mntaii 
 
 Hon potest. A public law or right cannot 
 be altered by the agreements of private 
 persons. Diff. 2. 14. 38. See Id. 2. 16. 
 3, pr. Another form of the maxim Con- 
 
 ventio privatorum non potest publico jnri 
 
 JUS RELICTS. L. Lat. The right 
 of a relict ; the right or claim of a relict or 
 widow to her share of her husband's estate, 
 particularly the moveables. 2 KameS 
 Equity, 340. 1 Forbes' Inst, part 1, p. 67. 
 BelVs Diet. 
 
 JUS SCRIPTUM. Lat. In the Ro- 
 man law. Written law ; answering to the 
 Gt. vo/ios Ij-yfa^of. Inst. 1. 2. 3. All law 
 that was actually committed to writing, 
 whether it had originated by enactment or 
 by custom, in contradistinction to such 
 parts of the law of custom as were not 
 committed to writing. 1 Mackeld. Civ. 
 Law, 125, § 113. 
 
 In English law. Written law, or statute 
 law, otherwise called lex scripta, as dis- 
 tinguished from the common law, lex non 
 scripta. 1 Bl. Com. 62. 
 
 Jus scriptum is used in Fleta to denote 
 the civil law, as distinguished from the law 
 of England. Quod in jure scripto jus ap- 
 pellatur, in lege Angliae rectum esse dicitur; 
 that which in the civil law is called jus, in 
 the law of England is said to be rectum, 
 (right.) Fleta, lib. 6, c. 1, § 1. This pas- 
 sage is quoted by Lord Coke. Co. Litt. 
 158. 
 
 JUS SECANDL Lat. In the old 
 English law. The right of cutting. Fleta, 
 lib. 4, e. 27, § 1. 
 
 JUS SINGULAEE. Lat. In the civil 
 law. A peculiar or anomalous rule, dif- 
 fering from the jus commune or common 
 rule of right, and established for some 
 special reason. 1 Mackeld. Civ. Law, 181, 
 §188. 
 
 JUSSTAPUL^. L.Lat. In old Eu- 
 ropean law. The law of staple ; the right 
 of staple. A right or privilege of certain 
 towns, of stopping imported merchandise, 
 and compelling it to be offered for sale in 
 their own markets. Loccen. de Jur. Mar. 
 lib. 1, c. 10. 
 
 JUS STRICTUM. Lat. Strict law. 
 See Stricti juris, 
 
 JUS TERTII. L. Lat. The right of a 
 third party ; th e right or interest of a third 
 person. 1 Curtis' E. 345. 
 
 JUS TRIUM LIBERORUM. Lat. In 
 the Roman law. A right or privilege al- 
 lowed to the parent of three or more chil- 
 dren. 2 Kent's Com. 85. 2 Bl. Com. 
 247. These privileges were, an exemption 
 from the trouble of guardianship, priority 
 in bearing offices, and a treble proportion 
 of com. Adam's Bom. Ant. 227, (Am. 
 ed.) 
 
 JUSVENANDL Lat. In old English 
 law. A right of hunting on another's land. 
 Bract, fol. 222. Fleta, lib. 4, c. 27, § 1. 
 
 JUSJUEANDUM. Lat. In the civil 
 law. An oath. Inst. 4. 16. 1. Diff. 12. 
 2. Cod. 4. 1. Juramentum, (q. v.) is the 
 ordinary law-Latin word. Jusjurwndum is 
 used in the Books of Feuds. Feud. Lib. 
 2, tit. 2. Grotius uses both words in- 
 differently. De Jur. Bell. lib. 2, c. 13. 
 
 Jnsjnrandnm inter alios factum nee no- 
 cere nee prodesse debet. An oath made be- 
 tween others ought neither to hurt nor 
 profit. 4 Inst. 279. This is merely a 
 special application of the maxim, Bes inter 
 
JUS 
 
 (119) 
 
 JUS 
 
 alios acta alteri nocere non debet, (q. v.) 
 
 See Big. 12. 2. 10. 
 JUSTA. See Justus. 
 JUSTA GAUSA. Lat. In the civil 
 law. A just cause ; a lawful ground ; a 
 legal transaction of some kind. 1 Mofheld. 
 Civ. Law, 28Y, § 274. See Orotvtts de 
 Jur. Bell. lib. 2, c 23, § 13. 
 
 JUSTE. Lat. In tte civil law. Justly; 
 lawfully; by title, or upon some lawful 
 ground, (ex causA iitulpve.) Calv. Lex. 
 
 Justly ; regularly ; lawfully ; in due 
 form of law. Id. 
 
 JUSTICE. L. Fr. and Eng. [Lat. 
 justitia.] The virtue which consists in 
 giving to every one what is his due. Web- 
 ster. Conformity to the law both in will 
 and act. The definition of justice in the 
 Roman civil law makes it to consist in the 
 will or disposition [voluntas) alone. Tay- 
 lor defines it, after that law, "that virtue 
 of the human mind by which we are dis- 
 posed to render to every man what is due 
 to him." Civil Law, 83. See Justitia. 
 
 That which is one's due or desert; the 
 giving or administering of which is the 
 object and end of the law.* 2 Inst. 56. 
 
 JUSTICE. Fr. In feudal law. Juris- 
 diction ; judicial cognizance of causes or 
 ofiences ; the right of dispensing justice ; 
 the hereditary jurisdiction of a feudal lord. 
 There was an extremely ancient distinction 
 in the feudal law, between the high justice 
 and the low. The former included the 
 right of trjdng crimes of every kind, even 
 the highest; the latter was confined to 
 petty trespasses. 1 Robertson! s Charles Y. 
 Appendix, note xxiii. There was some- 
 times a distinction between high, middle 
 and low justice, (justice haute, moyerme and 
 basse.) Boutillier Somrne Rurale, lib. 1, 
 tit. 21. Esprit des Lois, liv. 28, c. 42. 
 Quyat, Irist. Feod. ch. 3. 
 
 The power to administer, of right, high, 
 low and middle jurisdiction, is given in the 
 Dutch patent of Mespath, or Newtown, 
 L. L, March 28, 1642. 
 
 JUSTICE. L. Fr. and Eng. [L. Lat. 
 justicia, justiciarius.'] A title given to the 
 judges of common law courts in England 
 and the United States. This is of great 
 antiquity in English law, and seems peculiar 
 to the common law; never ha,ving been 
 given to the judges of equity and admiralty 
 courts. Cowell. See Justices. Justice 
 occurs as a French wordinBritton. Britt. 
 cc. 2, 121. 
 Lord Coke observes that " in Glanville 
 
 (lib. 2, cap. 6,) a justice is called justitia 
 in ipso abstracto, as it were justice itself, 
 [in the abstract] which appellation remains 
 still in Englisji and French, to put them in 
 mind of their duty and functions. But now, 
 in legal Latin they are called justiciarii, 
 tanquam justi in conereto [just in the con- 
 crete ;] and they are called justiciarii de 
 banco, &c. and never judices de banco, (fee." 
 Co. Lift. 71 b. This ancient practice still 
 remains unchanged; the judges of the 
 English courts oi Queen's Bench and Com- 
 mon Pleas, and, after them, the judges of 
 the Supreme Court of the United States, 
 and of most of the state supreme courts, 
 being denominated in law, aad according 
 to the proper style of their respective 
 courts, justices. 
 
 The term justice, however, is not con 
 fined to the superior courts, but is applied 
 to judicial officers a,nd magistrates of the 
 lowest grade. See Justices of the peace. 
 
 To JUSTICE. [L. Lat. justiciare.] In 
 old English practice. To do justice; to 
 see justice done; to summon one to do 
 justice. See Justieiare, Justicies. 
 
 JUSTICE AYEES (or AIRES.) In 
 Scotch law. Circuits made by the judges 
 of the Justiciary Courts through the king- 
 dom, for the distribution of justice. BelFs 
 Diet. 
 
 JUSTICE SEAT. In English law. The 
 principal court of the forest, held before 
 the chief justice in eyre, or chief itinerant 
 judge, or his deputy ; to hear and deter- 
 mine all trespasses within the forest, and 
 all claims of franchises, liberties and privi- 
 leges, and all pleas and causes whatsoever 
 therein arising. 3 Bl. Com. 72. 4 Inst. 
 291. 3 Steph. Com. 440. 
 
 JUSTICEABLE. In old English law. 
 Amenable; summonable. Britt. c. 34. 
 See Justice. 
 
 JUSTICER. The old form of justice, 
 following the L. Lat. justitiarius. Blount, 
 voc. Justice. Spelman, voc. Justitia. 
 
 JUSTICES OF ASSISE. [L. Lat, 
 justitiarii ad capiendcis assisas.^ In old 
 English law. A particular kind of justices 
 in eyre, appointed or commissioned to 
 determine certain actions called assises, or 
 to take verdicts in such actions. Magna 
 Charta, c. 12. Bract, fol. 105 b, 108. 
 3 Bl. Com. 57. They were not however 
 specially known by this name until after 
 the discontinuance of the justices in eyre, 
 (q. v.) Lord Coke says they were "so 
 called because writs of assise of novel dis- 
 
JUS 
 
 (120) 
 
 JUS 
 
 ieisin -were returnable before them to be 
 taten in their proper counties twice every 
 year at the least, whereupon they had 
 authority to give judgment, and award 
 seisin and execution ; and therefore, both 
 for the number of them in times past, and 
 for the greater authority they had than as 
 justices of nisi.prius, (which was to try 
 issues only, except in quare impedit and 
 assises de darrein presentment) they were 
 denominated ywsiicM of assises." Co. Lilt. 
 263 a. 
 
 In modern English law. The judges of 
 the superior courts at Westminster, who 
 go circuit into the various counties of Eng- 
 land and Wales twice a year, for the pur- 
 pose of disposing of such causes as are 
 ready for trial at the assizes. Holthouse. 
 Sometimes also called justices of nisi 
 prius. 3 Bl. Com. 58. 
 
 JUSTICES IN EYEE. [L. Lat. jus- 
 ticiarii in itinere ; justiciarii itinerantes or 
 errantes.'] In old English law. Itinerant 
 or travelling justices. Justices who tra- 
 velled from county to county throughout 
 the kingdom, usually once every seven 
 years, sometimes with a general commission 
 to determine all manner of causes, {ad 
 omnia placita,) and sometimes for certain 
 special purposes, as to take assises of novel 
 disseisin and mort d'ancestor, to deliver 
 the gaols, and sometimes to take a single 
 assise or two, and no more. £ract. fol. 
 105 b, 108. Bracton gives the forms of 
 their commissions in each of these cases, at 
 length. Id. fol. 109—111 b. They were 
 first regularly established in the time of 
 Henry II. 3 £1. Com. Bl. 1 Spencers 
 Chancery, 115, 116. 
 
 JUSTICES OF THE BENCH. [L. 
 Lat. justiciarii de Banco^ In old English 
 law. The justices of the court of Common 
 Bench or Common Pleas. Fleta, lib. 2, c. 
 84. 
 
 JUSTICES OF GAOL DELIVERY. 
 [L. Lat. justiciarii ad gaolas deliberandas.^ 
 In old English law. Justices in eyre, who 
 acted under a special commission to deliver 
 the gaols of persons confined in them for 
 any contempt or offence. Bract, fol. 105 b, 
 108, 109 b, 110. See Gaol delivery. 
 
 The judges of the superior courts at 
 Westminster now act in this capacity, 
 under a commission of gaol delivery. 3 Bl. 
 Com. 58. 
 
 JUSTICES OF THE JEWS. [L. Lat. 
 justiciarii ad custodiam JudcBorum as- 
 signati.'\ In old English law. Justices 
 
 appointed by Richard I. to carry into effect 
 the laws ; and orders which he made for 
 regulating the contracts and usury of the 
 Jews. Blount. Holthouse. 
 
 JUSTICES OF LABOEEES. In old 
 English law. Justices appointed to redress 
 the frowardness of laboring men, who 
 would either be idle or have unreasonable 
 wages. Blount. 
 
 JUSTICES OF NISI PEIUS. In 
 English law. This title is now usually 
 coupled with that of Justices of Assise ; 
 the judges of the superior courts acting on 
 their circuits in both these capacities. 
 3 Bl. Com. 58, 59. Formerly, a distinc- 
 tion was made between these two kinds of 
 justices ; justices of assise having power to 
 give judgment in a cause, but justices of 
 nisi prius only to take the verdict. Cromp, 
 Jur. 204. And Cowell makes another 
 distinction ; that the former had to deal in 
 causes personal, as well as real, but the 
 latter strictly only in the possessory writs 
 called assises. See JVisi prius. 
 
 JUSTICES OF OYEE AND TEE- 
 MINEE. [L. Lat. justiciarii ad audiendum 
 et terminandum.J In old English law. 
 Justices deputed upon some special or ex- 
 traordinary occasion, to hear and determine 
 some peculiar causes, such as cases of 
 riotous assembly or insurrection, heinous 
 misdemeanor or trespass. Cowell. F. N. 
 B. 110. 
 
 The judges of the superior courts now 
 act in this capacity, under a commission of 
 oyer and terminer. 3 Bl. Com. 58. See 
 Oyer and Terminer. 
 
 JUSTICES OF TEAIL-BASTON. In 
 old English law. A kind of justices ap- 
 pointed by king Edward I. upon occasion 
 of great disorders in the realm, during his 
 absence in the Scotch and French wars. 
 They were a kiud of justices in eyre, with 
 great powers adapted to the emergency, 
 and which they exercised in a summary 
 manner. Cowell. Blount. The origin of 
 the term trail-haston has been variously 
 explained. See Cowell. 
 
 JUSTICES OF THE PAVILION. In 
 old English law. Judges of a pyepowder 
 court, of a most transcendent jurisdiction, 
 anciently authorized by the Bishop of 
 Winchester, at a fair held on St. Giles' 
 Hills near that city. Cowell. Blount. 
 
 JUSTICES OF THE PEACE. [L. 
 Lat. justitiarii ad pacem.'\ In English law. 
 County magistrates appointed by special 
 commission under the great seal, to Jceep 
 
JUS 
 
 (121) 
 
 JUS 
 
 the peace in the particular county named. 
 Their commission appoints them all, jointly 
 and severally, to keep the peace, and any 
 two or more of them to inquire of and 
 determine felonies and other misdemeanors 
 in such county committed ; in which num- 
 ber some particular justices, or one of 
 them, are directed to be always included, 
 and no business to be done without their 
 presence; the words of the commission 
 running thus : quorum aliquem vestrum, 
 A. B., C. D., &c. unum esse volumus ; 
 whence the persons so named are usually 
 called justices ©f the quorum. 1 £1. Com. 
 351. 3 Steph. Com. 40. 12 Hast, 559. 
 See Quorum. They were anciently called 
 conservators, wardens or keepers of the 
 peace, and acquired the more honorable 
 appellation of justices, after the statute 34 
 Edw. III. c. 1, gave them the power of 
 trying felonies. 1 £1. Com. uh. sup. As 
 to justices in boroughs, see 3 Steph. Com. 
 40, note (m^ 
 
 In the United States, justices of the 
 peace are either appointed by the execu- 
 tive, or elected by the people ; and, in ad- 
 dition to their common law powers, gene- 
 rally have jurisdiction in civil cases. United 
 States Digest, Justices of the Peace. 
 
 JUSTICIAE. [L. la,t. justiciarius,jus- 
 titiarius ; L. Fr. justicier.'\ In old Eng- 
 lish law. A justice or justicer. The ju- 
 dicial members of the court-<jf Aula Regis 
 were called the king's justiciar and the 
 chief of them, who was the presiding officer 
 of the court, the chief 'justiciar. 3 £1. 
 Com. 39. Gilb.C. Fleas, IntTod. 18. The 
 corresponding modem titles are justice and 
 chief justice. See Justice. Spelman has 
 given a list of the chief justiciars of Eng- 
 land under the Norman princes and their 
 successors. Gloss, voc. Justitia. 
 
 JUSTICIAEE, Justitiare. L. Lat. 
 \iTOva. justicia or justitia, yi&%\Q,s^ In old 
 English law. To justice ; to do justice or 
 right; to compel a person to appear in 
 court. £ract. fol. 308 b. 1 Beeves^ Hist. 
 Sng. Law, 125, 173, 174.' Hence the 
 writ oijusticies, (q. v.) Justiciari ; to be 
 justiced; to have justice. Stat. Marlehr. 
 c. 1. 
 
 JUSTICIARIUS, Justitiarius. L. Lat. 
 In old English law. A justice. Mag. 
 Chart. 9 Hm. III. c. 12, 13. 
 
 JUSTICIATUS. L. Lat. [from justi- 
 ciare, q. v.] In old English law. Judica- 
 ture, prerogative or jurisdiction. £lount. 
 
 JUSTiCIER. Fr. In old French law. 
 
 A seignior or feudal proprietor who had 
 the right oi justice, (q. v.) 
 
 JU8TICIES, jMsiito. L. Lat. (You 
 justice.) In English practice. A writ 
 (sometimes called breve de justidando) 
 directed to the sheriff, giving him a judicial 
 authority to hear and determine a cause in 
 the county court, of which he could not, 
 by his ordinary power, hold plea. Cowell. 
 £ract. fol. 308 b. Finch's Law,h. 4, ch. 19. 
 So called from the emphatic word of its 
 mandate in the Latin form : — Pr(ecipimus 
 iibi quod justicies J. B. &c. : We command 
 you that you justice J. B. that, &c. Meg, 
 Grig. 135, 139. F. N. £. 117 C. Id. 
 119, G. H: L K. Eract. fol. 231, 308 b. 
 Fleta, lib. 2, c. 62, § 2. To justice signi- 
 fied to summon or require to do justice, to 
 compel to appear in court. 
 
 This writ is retained (though little used) 
 in modem English practice, and is described 
 by Blackstone as a special writ empower- 
 ing the sheriff, for the sake of despatch, to 
 do the same justice in his county court, as 
 might otherwise be had at Westminster. 
 3 £1. Com. 36. 3 Steph. Com. 395, 396. 
 1 Tidd's Fr. 18. 
 
 JUSTIFIABLE HOMICIDE. In cri- 
 minal law. The killing of a human crea- 
 ture without fault or blame, even in the 
 minutest degree ; as where it is required 
 by the absolute command of the law, or 
 permitted for the advancement of public 
 justice, or the prevention of some atrocious 
 crime. In these instances, the slayer is to 
 be totally acquitted and discharged, with 
 commendation rather than blame. 4 £1. 
 Com. 178—181. 4 Steph. Com. 96. 
 
 JUSTIFICATION. [Lat. justijicatio.] 
 In pleading. A maintaining or showing a 
 good reason in court, why one did such a 
 thing, which he is called to answer. Mount. 
 Pleas of justification are frequent in actions 
 of trespass and case. 1 Chitt. Fl. 490 — 
 502. 3 £l.' Com. 306. 
 
 In practice. The procedure by which 
 the competency or sufficiency of bail is es- 
 tablished, or made out. 1 Tidd's Fr. 263. 
 See Justify. 
 
 JUSTIFY. [L. Lat. justificare.] In 
 practice. To make out, or establish ac- 
 cording to law; particularly to establish 
 the sufficiency of bail. ' When bail make 
 oath (as they may be required to do,) be- 
 fore a proper officer, that they are house- 
 keepers or freeholders, and are worth a 
 certain amount over and above all debts, 
 they are said io justify, or io justify them- 
 
JUS 
 
 ( 122 ) 
 
 JUV 
 
 selves, as good and sufficient bail. 3 JBl, 
 Com. 201. 1 TidcTs Pr. 263. 
 . JUSTITIA. Lat, [from Justus, q. v.] 
 In the civil law. Justice. Justitia est 
 constans etperpetua voluntas jus suurn, cui- 
 que iribuendi ; Justice is the constant and 
 perpetual disposition or will of giving to 
 every man his right. Inst. 1, 1. pr. Dig. 
 1. 1. 10. It will be seen that justice is here 
 defined to be a disposition or will, {volui^ 
 tas,) rather than an outward conduct, and 
 BraotoD, who copies the definition word for 
 word, a,nd comments upon it, lays consid- 
 erable stress mpoa this feature : Dicitur 
 voluntas trihuere jm suum, non quantum 
 ad actum sed quantuifi ad affection^. 
 Bract, fol. 2 b. Some of the modem civi- 
 lians, however, regard this definition as al- 
 together erroneous and untenable, unless 
 voluntas be understood to imply that jus- 
 tice consisted not merely in an outward 
 conformity with the law, but in a conduct 
 that agreed with the prepepts of the law 
 from internal disposition, and free volition. 
 1 Mackeld. Civ. Law, 121, 122, § 112. 
 Id. 122, 124, Kaufmann's note. Fleta 
 quotes the definition with the following 
 modification : Mst autem justitia, constans 
 et perpetua voluntas, jus suum umcuique 
 tribuens, vel hoc saltern affectpms ; justice is 
 a constant and perpetual disposition, giving 
 to every man his right, or at least, desiring 
 this. Fleta, lib. 4, c. 1, § 1, 
 
 JUSTITIA. In the common law. Jus- 
 tice. Nulli vendemus, nulli negabimus, aut 
 differemus rectum vel justitiam ; to no one 
 will we sell, to no one will we deny or 
 delay right or justice. Magna Charta, c. 
 29. Lord Coke construes right in this 
 passage to mean law, a.s the means, and 
 justipe to be the end of law. 2 Inst. 56. 
 1 Beeves^ Hist. 250, note. 
 
 Justitia debet esse libera, quia nihil ini- 
 quius venali justitia ; plena, quia justitia 
 non debet claudicare ; et celeris, quia dilatio 
 est qucedam negatio ; Justice ought to be 
 free, because nothing is more iaiquitous 
 than venal justice; full, because justice 
 ought not to halt ; and speedy, because 
 delay is a kind of denial. 2 Inst. 66. Jus- 
 titia est duplex ; viz. severe puniens, et vere 
 prceveniens ; Justice is twpfqld, viz. : se- 
 verely punishing, and really or efficiently 
 preventing. 3 In,st. Epil, 
 
 Justitia nemini neganda est. Justice is to 
 be denied to none. Jenk, Cent. 1*1 Q, case 
 53. 
 
 Justitia non est nsgan^a, non differenda. 
 
 Justice is not to be denied nor delayed. 
 Jenk. Cent. 93, case 80. 
 
 Jnstitia non norit patiem nee matrem; 
 solam reritatem spectat justitia. Justice 
 knows not father nor mother ; justice looks 
 at truth alone. 1 Bulstr. 199. 
 
 JUSTITIA. L, Lat. A justice or judge 
 of a court. Glanv. lib. 2, o. 6. From 
 this has been derived, through the French, 
 liie modern justice, (q. v.) Co. lAtt. 
 71b. 
 
 JUSTITIAEE. See Justiciare. 
 
 JUSTITIARIUS. L. Lat. A justiciar 
 or justice. Bract, fol. 105, 106. 
 
 JUSTITIUM. Lat. In the civil kw. 
 A suspension or intermission of the admin- 
 istration of justice in courts ; {jufis inter- 
 stitio et cessatio ;) vacation time. Calv. 
 Lex. Aul. Gell, Noct, Att. lib. 20, 6. 1, 
 § 43. Blount refers to this old term as 
 used in the Laws of Canute. 
 
 JUSTIZA, Justicia. In old. Spanish 
 law. A supreme judge. A judicial mar 
 gistrate peculiar to the kingdom of Aragon, 
 who acted as the protector of the people 
 and the controller of the prince. His peir 
 son was sacred, Ms power and jurisdiction 
 almost unbounded, and he was titie supreme 
 interpreter of the laws. Not only inferior 
 judges, but the kings themselves were 
 bound to consult him in any doubtful case, 
 and to receive his responses with implicit 
 deference. 1 £obertscm's Charles V. 122, 
 123, sect. iii. and note xxsd. See 1 Rentes 
 Com. 292, note. Id. 294, note. 
 
 JUSTUS. Lat. Just; right. Bracton, 
 following the civil law idea of justice as a 
 mere afiection of the mind, {^justitia i^ men- 
 tibus justorum quiescit,) considevs Justus as 
 peculiarly appropriate to persons, in con- 
 tradistinction to cequus, (equitable or 
 righteous,) which was appropriate to things 
 or acts. "Hence," he observes, "if we 
 would speak properly, we should say a 
 righteous, not a just judgment, and a just, 
 not a righteous man, (dicemus judicium 
 sequum, non justum, et hominem justum 
 nan aequum) ; but abusing these epithets 
 we say a righteous man and a just judgr 
 ment." Bract. foL 3. This remark is im- 
 portant, as showing that the ideas and rules 
 of the civil law had not then obtained that 
 currency in England which U sometimes 
 claimed for them. 
 
 Lawful ; according to law ; in due form 
 of law. Caly. Lex. 
 
 JUVENES. Lat. (Youths or young 
 men.) In old English l3,w. Inferior clerks 
 
KAR 
 
 (123) 
 
 KEE 
 
 of chaacery, so called. CrahUs Hist, Mng. 
 Law, 184. 
 
 JUXTA. Lat. According to. 1 Ld. 
 Baym. 415. The same as secundum,, in 
 the civil law. 12 Mod. 218. 
 
 Juxta formam statuti ; according to the 
 form of the statute. Reff. Orig.. 16. The 
 established phrase by which reference to a 
 statute was expressed in old writs and 
 records. 
 
 Juxta tenorem seqiuntem ; according to 
 the tenor following. 2 Salk. 417. A 
 phrase used in the old books, when the 
 very words themselves referred to, were 
 set forth. Id. ibid. ' 1 Ld. Baym. 415. 
 
 Juxta conventionem ; according tp flie 
 covenant. Fleia, lib. 4, c. 16, § 6. 
 
 Juxta ratfim ; at or after the rate. Dyer, 
 82, 
 
 K. 
 
 KAIA. L. Lat. A key, kay, or quay. 
 Spelman. See Kay. 
 
 KAIAGIUM. L. Lat. Kayage or 
 wharfage. Spelman. See Kayjage. 
 
 KAIN. Sc. In Scotch law. A word 
 derived from canum, a vocable used in 
 ancient grants to signify the fowls or ani- 
 mals payable to the superior. In laodem 
 practice, it is used to express the poultry, 
 &c. payable by a tenant to his landlord 
 in terms of his lease. Bell's Diet. See 
 Canum. It has evidently the sense of the 
 English word "kind," in the expression 
 " payment in kind," which possibly may 
 have been derived from it. 
 
 KALENDS. Lat. Kalends or calends. 
 See Calmdce, Calends. 
 
 KALENDAR. See Calendar. 
 
 KALENDARIUM. Lat. In the civU 
 law. A calendar, a book of accounts, me- 
 morandum-book, or debt-book ; a book in 
 which accounts were kept of moneys 
 loaned out on interest. Dig. 32. 64. So 
 called, because the Romans used to let out 
 their money and receive the interest on 
 the calends of each month. Cain. L/ex. 
 
 KANC. An abbremtion of Kqmcm, 
 Kent 1 Inst. Cler. 28. 
 
 KANCIA. L. Lat. Kent, in England, 
 Fleta, lib. 5, c. 31, § 10. 
 
 KANTEER Brit A hundred vil- 
 lages ; a division of a county in Wales ; a 
 hundred. Another form of cantred, (q, v.) 
 Blaunt. 
 
 KARAXARE, Chmamre. L. Lat [from 
 6r. x«p«''™i to mark or stamp.] In old 
 
 records. To mark; to put down in char- 
 acters or letters ; to write. Spelman. 
 
 KARL, JS:arle, Carl. Sax. In Saxon 
 and old English law. A man ; a serving 
 man, [famulus.) Spelman, Buscarl ; a 
 seaman. Huscarl ; a house servant Id, 
 
 KARRATA. L. Lat In old records. 
 A cartload. Cowell. Blount. 
 
 KASKUN. L. Fr. Every. JSelham. 
 A corrupted form of chescun, (q. v.) 
 
 KAST. Swed. In Swedish law. Jet- 
 tison; a literal translation of the Lat. jactus, 
 (q. V.) Loccen. de Jur. Mar. lib. 2, c. Y, s. 1. 
 
 K AST-GELD. Swed. Contribution for 
 ajettison ; average. Loccen. lib. 2, c. 8, s. 1. 
 
 KA.TIONTES, KoTloj/rts. Gr. [from KirtifLi., 
 
 to descend.] In the civil law. Descend- 
 ants ; persons in the descending line. J^ov. 
 118, c. 1. 
 
 KiTOXH, )i.aTtiij0. Gr. [from KifTijfW, to 
 
 detain.] In the civil law. Detention ; 
 possessipn. Dig. 41. % 1. pr. See De- 
 
 KE. L. Fr. That A corruption of 
 que. E vnMm^ he msismes celes chartres ; 
 and we will that these same charters. 
 CV/. Cardar. 25 Edw. L 
 
 KEELAGE. [L. Lat Mllagium.] In 
 English law. A toll or duty payable on 
 ships in a port. See Male de Jur. Mar. 
 pars 2, c. 6. 
 
 KEEPER OF THE FOREST. [L. Lat 
 custos forestce.^ In old English law. An 
 officer, (called also chief warden of the 
 forest,) who had the principal government 
 of all things relating to the forest, and the 
 control of all officers belonging to the same. 
 Cowell. Blount. Manwood, cited ibid. 
 
 KEEPER (or LORD KEEPER) OF 
 THE GREAT SEAL. [Jj. Lat. custos 
 magni aigilli.'] A high officer of state 
 who holds or keeps the great seal of Eng- 
 land ; and whose office has, since the statute 
 5 Eliz. c. 18, been united with that of the 
 lord chancellor; the office of chancellor 
 being at this day qreated by the mere de- 
 livery of tjie queen's great seal into hi» 
 custody. 3 Bl. Com. 47. 3 Steph. Com. 
 407. 
 
 KEEPER OF THE PRIVY SEAL. 
 [L. Lat. custos privati sigilli.J In English 
 law. A high officer of state, through iff bose 
 hands pass all charters signed by the king, 
 before they come to the great seal. He is 
 ajriyy councillor, and was anciently called 
 Qkrle of the privy seal, in stat 12 Ric. II. c. 
 11 ; Gardein del privy seal, in Rot Pari. 
 1 1 Hen. IV. num. 28; and Lord privy seal. 
 
KID 
 
 (124) 
 
 KIN 
 
 in stat. 34 Hen. VIII. c. 4. Cowell. 
 Blount. 
 
 KEINS. L. Fr. Oaks. Yearh. P. 1 
 Hen. VI. 47. 
 
 KENNING TO A TERCE. Sc. In 
 Scotci law. The act of flie sheriflF in as- 
 certaining the just proportion of the hus- 
 band's lands which belong to the widow 
 in right of her terce, or dower. BelVs 
 Bid. 
 
 KBRNELLARE. L. Lat. In old Eng- 
 lish law. To fortify or embattle. Kernel- 
 lare domum ; to build a house with a wall 
 or tower kernelled or crenelle, with crannies 
 or notches for the better convenience of 
 shooting arrows and making other defence. 
 Cowell. Blount. Spelman. 
 
 KEY. This appears as an English word 
 as early as the time of Bracton^ in the 
 phrase cone et heye ; being applied to wo- 
 men at a certain age, to denote the capa- 
 city of having charge of household affairs. 
 Bract, fol. 86 b. See Gone & Key. The 
 custody of the heys seems to have been 
 then, as now, one of the prerogatives of the 
 housewife. Hence it , is said by the same 
 author, that a wife should in certain cases 
 be held to answer for the theft of her hus- 
 band, if the thing stolen were found under 
 the wife's heys, which keys the wife ought 
 to have under her custody and care, (jwas 
 quidem, claves habere debet uxor sub cusiodia 
 sua ;) that is to say, the keys of her spence, 
 
 idispensce,) chest, (arccs,) and writing-case, 
 scrinii.) Bract, fol. 151 b. 
 
 KEYNES. L. Fr. Oaks. Tearb. 
 Add. M. 2 Edw. III. 27. Barringt. Obs. 
 Stat. 161. 
 
 KEYS. In old English law. A guar- 
 dian, warden or keeper. See Cloves insuloe. 
 KEYS OF COURT. In old Scotch 
 law. Certain oflBcers of courts. See Claves 
 
 CltTliCB 
 
 KIDDLE, Eiddel, Eidel, Kedel. [L. 
 Lat. Mdellus, q. v.] In old English law. 
 A dam or open wear in a river ,with a loop 
 or narrow cut in it, accommodated for the 
 laying of engines to catch fish. 2 Inst. 
 38. Magna Charta, c. 24. Blount. 
 
 KIDELLrS, Kydellus. L. Lat. In 
 old English law. A kiddel, or wear. Omnes 
 kidelli deponantur de cetera penitus per 
 Tamisiam, et Medeweyam, et per totam 
 AngV nisi per costeram maris ; all wears 
 shall from henceforth be wholly pulled 
 down by the Thames and the Medway, and 
 throughout all England, except on the sea- 
 coast. Mag. Cart. 9 Hen. III. c. 23. 
 
 Quoted and recognised as law, by Lord 
 EUenborough, in Weld v. Hornby, 7 JEast, 
 195. See Fleta, lib. 1, c. 20, § 40. Bale 
 de Jur. Mar. pars 1, c. 5. 
 
 KIDNAPPING. The stealing and car- 
 rying away, or secreting a person. Lewii 
 U. S. Crim. Law, 17. — ^The forcible ab- 
 duction or stealing away of a man, woman 
 or child, from their own country, and send- 
 ing them into another. 4 Bl. Com. 219. — 
 An aggravated kind of abduction, consist- 
 ing in the forcible carrying away, or fraudu- 
 lent inveigling or decoying away a person. 
 Wharton's Am. Crim. Law, § 1208. Id. 
 §§ 1176—1201. 
 
 KIL. L. Fr. That he. Kil facent les 
 avaunt dites charteres puplier, e ke il far 
 cent ; that he cause the aforesaid charters to 
 be published, and that he cause, &c. Conf. 
 Cartar. 25 Edw. I. 
 
 KILL. Anglo-Dutch. In New-York law. 
 A creek or small stream. Kill is a Dutch 
 word signifying a channel or bed of a river, 
 and hence the river or stream itself. 1 
 ComstocFs R. 107. 
 
 KIN. Relation or relationship by blood 
 or consanguinity. "The nearness of hin 
 is computed according to the civU law." 
 2 Kenfs Com. 413. Qee Next of Kin. 
 
 KINDRED. Relatives by blood. "Kin- 
 dred of the whole blood, preferred to kin- 
 dred of the half blood." 4 Kenfs Com. 
 404, notes. 
 
 KING'S BENCH. \h.l,2A,.bancus regis; 
 L. Fr. banc le roy^ The highest court of 
 common law in England, (called during the 
 reign of a queen, as at present, the Queen's 
 Bench, q. v.) consistitig of a chief justice 
 and four puisn6 justices, who are by their 
 ofBce the sovereign conservators of the 
 peace, and supreme coroners of the land. 
 It is so called, because the sovereign used 
 formerly to sit there in person, and still is 
 supposed so to do, the style of the court still 
 being coram ipso rege, (before the king him- 
 self.) It is the remnant of the great origi- 
 nal court of Aula Regia (q. v.) and is not, 
 nor can be, from the very nature and con- 
 stitution of it, fixed to any certain place, 
 but may follow the sovereign's person where- 
 ever he goes ; although it has for some cen- 
 turies past usually sat permanently at West- 
 minster. It takes cognizance both of crimi- 
 nal and civil causes ; the former in what is 
 called the crown side or crown office ; the 
 latter in the plea side of the court. Ancient- 
 ly its jurisdiction was confined to criminal 
 matters and pleas of the crown, and to civil 
 
KNI 
 
 (125) 
 
 KNI 
 
 actions of trespass, but it gradually usurped 
 a jurisdiction over all actions between sub- 
 ject and subject, except real actions, in 
 •whicb it is now confirmed.* 3 Bl. Com. 
 41—43. 4 Id. 265. 3 Steph. Com. 403, 
 404. 4 Id. 326. 
 
 KING'S COUNSEL. See Queen's 
 Counsel. 
 
 KING'S SILVER. In old English prac- 
 tice. "A fine due the king pro liceniia con- 
 cordandi, (for leave to agree) in'the process 
 of levying a fine. 5 Uo. 39, 43. 2 Inst. 
 511. 2 Bl. Com. 350. 
 
 KINSBOTE, Kinslot. Sax. [from Un, 
 and bote, a satisfaction, or amends.] In 
 Saxon law. A composition or satisfaction 
 paid for killing a kinsman. Spelman, voc. 
 Bote. 
 
 KIRBY'S (or KIRKBY'S) QUEST. In 
 English law. An ancient record remaining 
 with the remembrancer of the exchequer, 
 being an inquisition or survey of all the 
 lands in England, taken in the reign of 
 Edward I. by John de Kirkby, his treas- 
 urer. Blount. Cowell. 
 
 KISSING THE GOSPELS. The act 
 with which the ceremony of taking an oath 
 by laying the hand upon the gospels, con- 
 cludes. In modern law and practice, which 
 do not generally require the party swear- 
 ing to pronounce the words of the oath, the 
 kiss is regarded as an essential part of the 
 solemnity, being an expression of the party's 
 assent to the oath as administered to him. 
 Anciently, however, when the words of the 
 oath were repeated by the party himself, 
 the kiss was regarded rather as an act of 
 reverence to the contents of the book, than 
 as a necessary part of the oath. Hence the 
 remark of Britton, — et soient les evangelies 
 heyses en touts honors, sicome nostre foy et 
 nostre sauvacion ; and then should the gos- 
 pels be kissed in all reverence, as our faith 
 and our salvation. Britt. c. 52. In this 
 latter view, the opinion of Dr. Paley seems 
 to be correct. Foley's Mor. Phil. b. 8, c. 
 16. See Oath. 
 
 KAHpps, KXSfws. Gr. In the civil law. 
 The clergy. Nov. 17, c. 16. 
 
 KAHPiKos, ■KKrifiKof. Gr. In the civil law. 
 A clerk; a clergyman. Nov. 3, in tit. et 
 per tot. 
 
 KNAVE. [Sax. cnafa.] In old Eng- 
 lish law. A man servant. Stat. 14 Edw. 
 III. St. 1, c. 3. 2 Inst. 493. 
 
 KNIGHT. [Sax. CTiiAi; Yt. chivalier ; 
 Lat. miles, egues auratus^ In English 
 law. A title of honor or dignity, next be- 
 
 neath a peer or baronet. 1 Bl. Com. 403. 
 Defined in the old books to be " one who 
 bears arms, who for his virtue and martial 
 prowess, is by the king, or one having his 
 authority, exalted above the rank of gentle- 
 man, to a higher account or step of dignity," 
 Blount. See Stat, de Militibus, 1 Udw. 
 II. 2 Inst. 694—598. 
 
 KNIGHTEN-GYLD. Sax. A guild 
 in London consisting of nineteen knights, 
 founded by king Edgar. Cowell. 
 
 KNIGHT-SERVICE. [L. Lat. serviti- 
 um militare ; L. Fr. service de chivaler.^ 
 In old English and feudal law. A free but 
 uncertain service by which lands were for- 
 merly held, being the most universal and 
 esteemed the most honorable species of 
 tenure; called in law French, chivalry. 
 It was, in its nature, entirely military, and 
 is said to have been created and provided 
 for the defence of the realm. 2 Bl. Com, 
 62. Zitt. sect. 103. Co. Litt. 15 b. To 
 make a tenure by knight-service, a deter- 
 minate quantity of land was necessary, 
 which was called a TcnigMsfee, (q. v.) and 
 he who held such a fee was bound to at- 
 tend his lord to the wars for forty days in 
 every year, if called upon, which attend- 
 ance was his rent or service for the land he 
 claimed to hold. 2 Bl. Com. 62. 
 
 KNIGHT'S FEE. [L. Lat. feodum 
 militare^ In old English law. A certain 
 quantity of land, the possession of which 
 was necessary to make a tenure by knight- 
 service. The measure of a knight's fee in 
 3 Edw. I. was estimated at twelve plough- 
 lands, and its value, (though it varied with 
 the timesj) in the reign of Edward I. and 
 Edward 11. was stated at 20Z. per annum, 
 2 Bl. Com. 62. Co. Litt. 69. 2 Inst. 596. 
 According to Selden, however, it did not 
 consist of land of a fixed extent or value, 
 but it was as much as the king was pleased 
 to grant, upon the condition of having the 
 service of one knight. Tit. of Hon. part 
 2, c. 5, sect. lY, 26. 
 
 _ KNIGHTS OF THE SHIRE. In Eng- 
 lish law. Members of parliament repre- 
 senting counties or shires, (two being elect- 
 ed from each county,) in contradistinction 
 to burgesses, who represent boroughs or cor- 
 porations. So called, because it was for- 
 merly necessary that they should be knights 
 but now any person may be chosen to fill 
 the office, who has an estate worth 600^. 
 per annum. Wharton' s Lex. i SUph. Com 
 862, 892. Stat. 1 & 2 Vict. c. 48. These 
 knights or members are the representatives 
 
LAO 
 
 (126) 
 
 LAG 
 
 of the landholders or landed interest of the 
 Miigdoln. 1 Bl. Cora. 1^2. 
 
 KNOW ALL MEN. In cofiveyancmg. 
 A form of public address, of gfeat antiqui- 
 ty, and with which many written inBferu- 
 ments, such as hands, letters of attorney, 
 &c. still commence. It is a literal transla- 
 tion of Noverini universi, or Sviant, which 
 was anciently used. See Noverint. 
 
 KNOWINGLY. See Scienter. 
 
 KNOWN-MEN. Atitleformerly given 
 to the Lollards. Oowell. 
 
 KoiNON, s-oivov. Gr. In the civil law. 
 A community. Dig. 49. 1. 1. 1. 
 
 KOiNOs NOMOs, Kocj/oj v6fos: Gr. In the 
 civil latw. The common law ; the general 
 law of the empire. Nov. '19, c. 2. 
 
 KoiNnNiA, Koijiuvi'a. Gr. [from KotiiSs, com- 
 mon.] In the civil law. Community; 
 partnership. Inst. 3. 26, pr. 
 
 K0MH2, KofLiis. Latino-Gr. In the civU 
 law. Comes. An official title. Ifov. 27, 
 in tit. See Comes. 
 
 KY. L. Fr. Who. L£. &v,l. Cortq. 
 11. 5, 6. 
 
 KYMOETHA. Brit. In old English 
 law. Assemblies. A corruption oicymor- 
 tha, used in the stat. 4 Hen. IV. c. 27; 
 Barringt. Obs: Stat. 360. 
 
 L. 
 
 L. 5. An abbreviation of Long Qtcinto. 
 One of the parts of the Year Books. Dger, 
 37, marg. (Fr. ed.) 
 
 LA. L. Fr. There. 3yer, 62, (Fr. 
 ed.) La ou; there where; wheieas. 
 Kelham. L. Fr. Bid. Que la; until 
 that. Kelhaih. 
 
 LABEL. In English practice. A nar- 
 row sHp of paper or parchment affixed to 
 a deed or writing, for an appending seal. 
 Cowell. 
 
 A Copy of a writ in the Exchequer. 
 1 Tidd's Pr. 156. 
 
 LABOUE A JUEY. In old ptactice. 
 To tamper with a jury ; to endeavor to in- 
 fluence them in their veidict, or their ver- 
 dict generally. " Heydon, by his friends 
 and servants, had laboured the jury not to 
 appear." 1 Lean. 72. See Byer, 48. 
 
 LACEETA. L. Lat. In old English 
 law. A fathom. Co. Litt. 4 b. 
 
 LACHES, Lachesse, Lasches. L. Fr. 
 and Eng. [from Fr. lascher, to loosen or 
 slacken.} Slackness, negligence or remiss- 
 ness. Litt. sect. 403, 726. 1 Bl. Com. 
 247. 3 Id. 317.—" A neglect to do some- 
 
 thing which, by law, a man is obliged to 
 do." Lord Ellenborough, i M. (& S. 
 463. — Neglect to make a claim within a 
 reasonable time.* 2 Story's Eq. Jur. 
 § 1520. 7 Howard's B. 234. Lord Coke 
 calls this an old French word. Co. Litt. 
 380 b. But Cowell conjectures it may 
 be an old English word ; as much as to 
 say lack is. 
 
 LACTA. L. Lat. In old English law. 
 Defect in the weight of money ; lack of 
 weight. This word and the verb lactwte 
 are used in an assise or statute of the sixth 
 year of King John. Spelnum. 
 
 LACITS. Lat. In the civil law. A 
 lake, a receptacle of water which is never 
 dry. jDi^r. 43. 14. 1. 3. 
 
 LACUS. L. Lat. In old English law. 
 Allay or alloy Of silver with base metal. 
 Fleta, lib. 1, c. 22, § 6. This word is not 
 found either in SpeVmatl or Cowell. 
 
 LAI>A. L. Lat. [from Sax. ladian, to 
 puTge, to excuse.] In Saxon law. A 
 purgation, or mode of trial by which one 
 purged himself of an accusation ; as by 
 oath Or ordeal. Spelman. 
 
 A water-course ; a trench or canal for 
 draining marshy grounds ; in old English, 
 a lade or load. Spelman. Cowell. 
 
 LADA. L. Lat. [from Sax. lathian, to 
 convene or assemble.] In old English 
 law. A court of justice ; a lade or lath. 
 Cowell. 
 
 L^SA MAJESTAS. Lat. In old 
 criminal law. Lese urajesty ; treason. See 
 Crimen Icesce majestatis. 
 
 L^SIWEEP, Lesiwerp. Sax. [from lai- 
 sus, bosom, or power, and ioerpire, to sur- 
 render or deliver up ; or from Fr. laisher, 
 to let go.] In old European law. A 
 thing surrendered into the hands or power 
 of another; a thing given or delivered. 
 Spehnan. 
 
 L^STUM. L. Lat. [Sax. Icethe, l(Btk.] 
 In old English law. A lathe ; a division 
 of a county. SpeMian. See Lathe. 
 
 LAFOEDSWIC, Hlafordsioiee. Sax. 
 [from hlaford, lord or master, and swic, 
 betrayal.] In Saxon law. The betrayal 
 of a master ; treachery or treason against 
 a lord. LL. Hen. I. c. 13. LL. Canut. 
 c. 61. Spelman. 
 
 hAQ,Lah,Lagh. Sax. Law. Spelman. 
 
 LAGA. L. Lat [from Sax. lag.'] Law. 
 SpelmMU. Lagam ildwardiregi, vobis red- 
 do : I restore to you the law of King Ed- 
 ward. Chart. Hen. I. A. D. 1100. Bl. 
 Introd. to Mag. Chart, vii. ix. note. The 
 
LAH 
 
 (121) 
 
 LAN 
 
 meaning of this word is discussed at much 
 ' length in the prieface to the transMion of 
 Fortesem de L. L. Atiglice, (ed. lYST,) p. 
 xix. et Seq. 
 
 LAGrAMAKNtJS, Mg&hnwmus. L. Lat. 
 [from Idga, (q. v.) aind mani\ In old Eng- 
 lish law. A law-man or lage-man ; a 
 lawful man, {legalis homo.) Spelntan. 
 Domesday, cited iMd. See Lah/Mm,. 
 
 LAGAN. SaX. [from Upgan, to lie.] In 
 old English law. A term used hy Bracton 
 to denote goods found in the sea, at a dis- 
 tance from the shore, {in mdri, longHts a 
 litore,) under circumstances rendering it 
 doubtful where they were intended to come 
 to land, (ita qudd constare non pbssit ad 
 quam terram vel regioriem essent dppli- 
 candrn ;) and which belonged to the finder, 
 as being in nzillius bonis. Bract, fol. 120. 
 This word is considered by Spelman to be 
 the same with ligun, (or lagon, as he writes 
 the word.) But ligan differs from the word 
 described by Bracton, in the very material 
 circumstance of denoting an attachment to 
 a buoy or cork, in order that the goods 
 may be found by the owner. See lagan. 
 The two words, indeed, appear to have di- 
 rectly opposite meanings, aad to be framed 
 from difibreiit roots : lagan, from Saix. lig- 
 gan, to lie ; ligan, from Lat. ligare, Fr. Her, 
 to tie. Bracton (lib. suip.) says lagdii was 
 a nautical term in his day, (diciiur a nautis 
 Isgan.) 
 
 LAGE. [Sax. lag.] In old English 
 law. Law. See Dane lage, Mercen-lage. 
 
 LAGE DAT, Lagh day. In old Eng- 
 lish law. A law-day; a time of open 
 court. 1 Mon. Angl. 279. Cornell. See 
 Dies juridicus. 
 
 LAGEMAN'. See Zagctmannus. 
 
 LAGENA. L. Lat. In old English 
 law. A measure of ale. Fleta, lib. 2, 
 c. 11. Said to consist of six sextaiies. 
 Oowell. 
 
 LAHMAN. Sax. [from ZoA, law.] In 
 Saxon law. A law-man, or lawyer, (juris- 
 consultus.) Spelman, voc. Laigamannus. 
 
 LAHSLiT, Lahslite, Lagslit, iMghslit, 
 Laxlite, Ldslit. Sax or Dan. [from lah or 
 lag, law, iand slit, a breaking.] In Saxon 
 or Anglo-Danish law. A breach or trans- 
 gression of law, (trdnsgressio legis.) Spel- 
 man. 
 
 Punishment for breaking the law, (legis 
 violates poena.) Id. Spelman calls this a 
 Danish word. In the laws of William the 
 Coinqueror, it is written Laxlite, and is 
 said to have denoted the Danish common 
 
 forfeiture, which was twelve ores or one 
 pound sterling. LL. Owl. Conq. 1. 41, and 
 note. 
 
 LAI, Laie. L. Fr. Law. Kelham. 
 Old forms of ley, (q. v.) 
 
 LAICIJS, Laicwm. L. Lat. [from 6r. 
 \ad!, people.] In old En^ish law. Lay, 
 as distinguished from ecclesiastical. Laicum 
 feodum ; a lay fee. Magna Charta, 9 Hen. 
 IH. 0. 18. Fleta, lib. 2, c. 69, § 1. Lai- 
 cum tenemmtum ; a lay tenement. Mag. 
 Chart, c. 14. 
 
 A layman. Tradantur omnes schedules 
 aticM laico qni omnino litiras rum cognos- 
 cat ; all the escrows shall be delivered to 
 some layman who knows nothing at all of 
 letters. Fleta, lib. 5, c. 9, § 13. See 
 Laity. 
 
 LAIEL. L. Fr. Lawful. Kelham. See 
 Leal. 
 
 LAIN, Ldisnes, Laynes, Leignes, Leynes. 
 L. Fr. Wool. Kelham. 
 
 LAIRWITE, Layrwit, Leirwyte, Leger- 
 wit. Sax. [from lagan, to lie, and wife, a 
 fine or mulct.] In Saxon and early English 
 law. A fine for committing adultery and 
 fornication. Spelnldn. Flita, lib. 1, c. 47. 
 
 LxVISER. L. Fr. To let. 3 Leon. 
 134, arg. 
 
 LAISSER. L. Fr. To transfer. Kel- 
 ham. 
 
 To leave. L. Fr. Diet. 
 
 LAISSIER. L. Fr. To prevent; to 
 omit or neglect. Kelham. 
 
 LAITY, [from Gr. Xads, people.] The 
 lay part of the people, or such as are not 
 comprehended under the denomination of 
 clergy. 1 Bl. Coin. 396, 376. See Lay. 
 
 LAMA. Lomb. A fish pond. Spel- 
 man. 
 
 LAMANETJR. Fr. In French marine 
 law. A pilot. Ord. Mar. liv. 4, tit. 3. 
 
 LAMBETH DEGREE. In English law. 
 A degree conferred by the Archbishop of 
 Canterbury, in prejudice of the universities. 
 3 Ste'ph. Com. 65. 1 Bl. Com. 381. 
 
 LANA. Lat. In the civil law. Wool. 
 See this word construed in Dig. 32 60 
 70, 88. 
 
 LANCETA. L. Lat. In old English 
 law. A kind of agricultural tenant or vassal. 
 Spelman. 
 
 LAND, [Lat. terra, solum, ager, pfce- 
 dium, fundus; Fr. terre.] In the most 
 general sense, comprehends any ground, 
 soil or earth whatsoever; as meadows^ 
 pastures, woods, moors, waters, marshes' 
 fi,.,„. ""'■ ^-'■'~ Co, Litt. 4 a. It le- 
 
 furzes and heath. 
 
LAN 
 
 (128) 
 
 LAN 
 
 gaily includes also all houses and other 
 buildings built upon it; or, in still more 
 general terms, it includes not only the face 
 of the earth, but every thing under it or 
 over it. Id. ibid. 2 Bl. Com. 17, 18. 
 Shej). Touch. 90. 1 Ghitt. Gen. Pr. 1*79, 
 180. 1 Grahh's Real Prop. 66, 67, § 86. 
 3 Kenti Com. 401. See Cujus est SOlnm 
 eJDg est usqne ad ccelnm. 
 
 In fines, land denoted arahle land, only. 
 SJiep. Touch, (by Preston,) 13. 1 Chitt. 
 Gen. Pr. 179, 180. 
 
 In -wills, " land" is construed in its largest 
 sense. 1 Crdbb's Real Prop. 67, § 86. 
 
 2 Powell on Devises, (by Jarman,) 186. It 
 has sometimes, however, been confined to 
 mean arable land. Cro. JElis. 476. See 
 1 Jarman on Wills, 706, 707, (604, 606, 
 Perkins' ed.) 
 
 In American law, the common law de- 
 finition of land has been adopted, with 
 some modifications introduced by statute. 
 
 3 Kenfs Com. 401. 1 Hilliard^s Real 
 Prop. 51. 2 Id. 339. See Id. 50. llf.Y. 
 Rev. St. [387,] 379, § 1. Id. [750,] 741, 
 § 10. The word larid includes not only 
 the soil, but every thing attached to it, 
 whether attached by the course of nature, 
 as trees, herbage, and water, or by the hand 
 of man, as buildings and fences. Bron- 
 son, J. 1 ComstocTc's R. 572. 
 
 " LANDS," in the plural, is, at common 
 law, a less extensive term of description 
 than " tenements and hereditaments." In 
 American law, however, it is sometimes 
 made by statute to include both the latter 
 terms. Rev. Stat. Mass. c. 61, § 32. 1 
 N. Y. Rev. St. [750,] 741, § 10. 
 i;,. LAND A. L. Lat. An open field 
 without wood ; a lawnd or lawn. Cowell. 
 Blount. 
 
 LANDBOC. Sax. [from land, and hoc, 
 a writing.] In Saxon law. A charter or 
 deed by which lands or tenements were 
 given or held. Spelman. Cowell. 1 Reeves' 
 Hist. Eng. Law, 10. 1 Spenee's Chan- 
 ceri/,22. 
 
 LANDCHEAP. [Sax. landceap ; from 
 ceapon, to buy and sell.] In old English 
 law. An ancient customary fine, paid 
 either in money or cattle, at every ahena- 
 tion of land lying within some manor, or 
 within the liberty of some borough. Cowell. 
 Blount. 
 
 LANDEA, Landia. L. Lat. In old 
 English law. A ditch or trench for con- 
 veying water from marshy grounds. Spel- 
 
 LANDEGANDMAN. Sax. In old 
 English law. A kind of customaiy tenant 
 or inferior tenant of a manor. Spelman. 
 
 LANDGABLB, Landgavel. Sax. [from 
 land, and gafel, a rent] In old English 
 law. A tax or rent issuing out of land ; 
 {terrce census vel redditus ;) a land tax. 
 Cowell. Blount. 
 
 A quit rent for the site of a house, or 
 the land whereon it stood ; a ground rent. 
 Domesday. Cowell. 
 
 LANDIMER. [L. Lat. landimera ; from 
 land, and Sax. gemcere, a boundary.] In 
 old English law. A limit or boundary of 
 land. Spelman. 
 
 LANDIMER. Sc. [Lat. agrimensor.l 
 In old Scotch law. A measurer of land. 
 Skene de Verb. Sign. voc. Particata. 
 
 LANDIRECTA. L. Lat. In Saxon 
 law. Services and duties laid upon all that 
 held land, including the three obligations 
 called trinoda necessitas (q. v.) ; qvMsi land 
 rights. Cowell. 
 
 LANDLORD. He of whom lands or 
 tenements are holden. Used as early as 
 2 Leon. 94. 
 
 LANDMAN. [L. Lat. terricola.] A 
 terre-tenant. Cowell. 
 
 LANDREEVE. In English law. A 
 person whose business it is to overlook 
 certain parts of a farm or estate. Whar- 
 t(yfii s Lex 
 
 LANDSLAGH. In Swedish law. A 
 body of common law, compiled about the 
 thirteenth century, out of the particular 
 customs of every province ; being analo- 
 gous to the common law of England. 1 
 Bl. Com. 66. 
 
 LAND-TAX. In English law. A tax 
 upon land which, in its modem shape, has 
 superseded all the former methods of rating 
 either property, or persons in respect of 
 their property, whether by tenths, or fif- 
 teenths, subsidies on land, hydages, scu- 
 tages or talliages. 1 Bl. Com. 308. 2 
 Steph. Com. 569. As between landlord 
 and tenant, this tax is, generally considered, 
 a charge upon the former. Properly speak- 
 ing, however, it is a tax neither on landlord 
 nor tenant, but on the beneficial proprietor 
 as distinguished from the mere tenant at 
 rack-rent. Id. 574, 575. See Wharton's 
 Lex. 
 
 LAND-TENANT. He that actually pos- 
 sesses land, or has it in his manual occupa- 
 tion ; a terre-tenant. Cowell. 
 
 LANDWARD. Sc. In Scotch law. 
 Rural. 7 Bell's Appeal Cases, 2. 
 
LAP 
 
 (129) 
 
 LAE 
 
 _ LANGEMANNI. L. Lat. In old Eng- 
 lish law. Lords of manors, according to 
 Sir Edward Coke's definition, who writes 
 the word lannemanni. Domesday. Co. 
 Liu. 5 a. 
 
 LANGUIDUS. L. Lat. (Sick) In 
 practice. The name given to the return 
 made by a sheriff to a capias or ca. sa. that 
 the defendant was sick, or sick in prison, 
 {languidus in prisona.) 1 Tidd'sFr. 308. 
 2 Id. 1028. 3 Chitt. Gen. Pr. 249. Per- 
 petuo languidi ; incurably sick. Fleta, lib. 
 4 c. 5 8 5. 
 
 ' LANGUOR. L. Lat. In old English 
 practice. Sickness ; a confirmed and lin- 
 gering sickness, as distinguished from a 
 transient indisposition, {malum transiens.) 
 Glanv. lib. 1, c. 18, 19. Bract.io\. 340, 
 344 b, 852 b, 357 b. Meta, lib. 6, c. 6, 
 § 19. Skene defines it to be " a vehement 
 sickness of body or of mind." Beg. Maj. 
 lib. 1, c. 8. This was a common ground 
 of essoin in the old practice. See jBissom. 
 If it continued over a year, it was called 
 morbus sonticus. Bract, fol. 344 b. 
 
 LANO NIGER. L. Lat. In old Eng- 
 lish law. A kind of base coin. Cowell. 
 
 LANZA. Span. In Spanish law. 
 Military service. White's New Recop. b. 2, 
 tit. 2, c. 2. 
 
 A certain service in money, paid by the 
 grandees and nobles to the king every 
 year. Id. note. 
 
 LAPIDICINA. Lat. In the civil law. 
 A stone-quany. Big. 7. 1. 9. 2. 
 
 LAPILLL Lat. ' In the civil law. Pre- 
 cious stones. Big. 34. 2. 19. 17. Dis- 
 tinguished from gems, (gemmce.) Id. ibid. 
 
 LAPSE. [L. Lat. lapsus.] In English 
 ecclesiastical law. A slip or omission ; a 
 species of forfeiture, whereby the right of 
 presentation to a church accrues to the or- 
 dinary by neglect of the patron to present ; 
 to the metropolitan by neglect of the ordi- 
 nary ; and to the king by neglect of the me- 
 tropolitan. 2 Bl. Co7n.2l6. The term in 
 which the title to present by lapse accrues 
 from the one to the other successively is 
 six calendar months, exclusive of the day 
 of the avoidance. Id. ibid. 3 Steph. Com. 
 116, 117. 
 
 To LAPSE, [from Lat. lapsus, fallen.] 
 To fall, slip or sink ; to fail of its object ; 
 to become void.* Where the person to 
 whom a legacy is bequeathed, dies before 
 the testator, the legacy is said to be lapsed, 
 that is, lost or fallen, and sinks into the 
 residuum of the testator's personal estate. 
 Vol. IL 9 
 
 2 Bl. Com. 513. In some of the United 
 States, legacies do not lapse if any issueof 
 the legatee be living when the testator dies. 
 4 Kenfs Com. 541, note. And a similar 
 rule has been recently established in Eng- 
 land in cases where a bequest is to a child 
 or issue of the testator. Stat. 7 Will. IV. 
 and 1 Vict. c. 26, s. 33. 2 Steph. Com. 
 249. 
 
 LAPSE PATENT. In American land 
 law. A patent obtained after another 
 which has become null or forfeited for non- 
 payment of quit rents or want of cultiva- 
 tion. 1 Wash. (Va.) P. [38,] 50. 
 
 LAPSED DEVISE. A devise which 
 fails, or takes no effect, in consequence of 
 the death of the devisee before the testator; 
 the subject matter of it being considered 
 as not disposed of by the will. 1 Steph. 
 Com. 559. 4 Kenfs Com. 541. An ex- 
 ception to this rule has lately been estab- 
 lished in England, in favor of the issue of 
 a devisee. 1 Steph. Com. 659, 560. 
 
 LAPSED LEGACY. A legacy which 
 takes no effect, or becomes void, in conse- 
 quence of the death of the legatee before 
 the testator. See Lapse. 
 
 LARCENY, [from L. Fr. larcyn, contr. 
 of larrecin, from L. Lat. latrocinium, qq. v.] 
 In criminal law. The felonious taking and 
 carrying away of the personal goods of 
 another. 4 Bl. Com. 229. — The unlawful 
 taking and carrying away of things per- 
 sonal, with intent to deprive the right 
 owner of the same. 4 Steph. Com. 152. — 
 The felonious taking the property of an- 
 other, without his consent and against his 
 will, with intent to convert it to the use of 
 the taker. Grose, J. 2 XeacA, 1089. These 
 are the definitions of simple larceny, other- 
 wise called theft. 4 Bl. Com. 229. See 
 2 Uasfs P. C. 552, 553. 2 Pussell on 
 Crimes, 1 — 130. United States Bigest, 
 Larceny. Lewis^ U. S. Crim. Law, 438 — 
 478. Wharton's Am. Crim. Law, § 1750. 
 Id. §§ 1705—1750. In a late English 
 case, it was said by Parke, B. that " the 
 definitions of larceny are none of them 
 complete." 2 Car. & Kir. 945. See 
 Simple larceny, Mixed larceny. 
 
 LARCYN, Larcin. L. Fr. Larceny 
 Britt. cc. 15, 24. LL. Qui. Crniq. 1. 4. 
 
 LAEECIN. L. Fr. A thing stolen. 
 Si larecin est troved ; if a thing stolen is 
 found. LL. Out. Crniq. 1. 31. 
 
 LARGE. L. Fr. Broad; the opposite 
 of estreyte, strait or strict. Pures et larges. 
 Britt. c. 34. 
 
LAS 
 
 (130) 
 
 I^AT 
 
 Unconfined. Mettre a large ; to set at 
 liberty. 
 
 LARGTJRE, Largeur. L. Fr. [from 
 large, q. v.] Breadth. Solonc la largure, 
 et la longure ; according to the breadth 
 and length. Britt. c. 63. Id. c. 103. 
 
 LARGUS. Lat. Large; broad; com- 
 prehensive. Item poierit esse warrantizatio 
 larga et stricta ; larga, ut si dicatur, Ego 
 et haeredes met warrantizahimus taliethmre- 
 dibus suis ; largior, ut si dicat, tali et hcere- 
 dibus suis et assighatis et hcsredibus assigna- 
 torum. Item largissima, ut si dicat tali et 
 hceredibus suis et assignatis, et eorum hmre- 
 dibus, et assignatis assignatorum et hceredi- 
 bus eorum ; also, warranty may be broad 
 and strict ; broad, as if it be said, " I, and 
 my heirs will warrant to such a one and his 
 heirs ;" broader, as if he say, " to such a 
 one and his heirs and assigns, and the heirs 
 of his assigns." Also, broadest, as if he say, 
 " to such a one and his heirs and assigns 
 and their heirs, and the assigns of their 
 assigns and their heirs." Bract, fol. 37 b. 
 
 LARON, Laroun, Larun. L. Fr. A 
 thief. Britt. c. 15. Stat. Westm. 1, c. 3. 
 LL. Qui. Conq. 1. 5. Petits larons ; petty 
 thieves. Britt. c. 29. 
 
 LAS PARTIDAS. Span. In Spanish 
 law. A code of laws compiled by Alphonso 
 X. about A. D. 1250, in which all the pro- 
 vincial customs were collected into one uni- 
 form law. 1 Bl. Oom. 66. It is otherwise 
 entitled Las Siete Pariidas, (the seven 
 parts,) from the seven parts into which it is 
 divided. It was compiled under the direc- 
 tion of Alphonso, by four Spanish juris- 
 consults, whose names have not been pre- 
 served, and who drew its materials from 
 the ancient customary law, the canonical 
 laws of Spain, but principally from the Ro- 
 man civil law, which is sometimes transla- 
 ted literally. It was published in 1263, 
 but was not promulgated or generally 
 adopted as the law of Spain until the reign 
 of Alphonso XL in 1348. This code has 
 always been regarded as authority in Span- 
 ish America, and such of its provisions as 
 are applicable remain in force in the states 
 of Louisiana and Texas. An English trans- 
 lation by Mo reau [Lislet] and Carleton was 
 published at New Orleans in 1820. A 
 particular description of the Partidas is 
 given in Schmidfs Civil Law of Spain 
 and Mexico, In trod. 60 — 74. 
 
 LASIER. L. Fr. To omit. Kelham. 
 
 LAST. [L. L at. lustus, lestus.^ In Eng- 
 lish law. A burden ; a weight or measure 
 
 of various commodities, as of pitch, hides, 
 fish, corn, wool, leather, <fec. Cowell. 
 
 A court held in the marshes of East 
 Kent, by twenty-four jurats, wherein they 
 made orders, laid and levied taxes, &c. for 
 the preservation of the marshes. Id. 
 
 LAST HEIR. [Lat. ultimus hmresil 
 In English law. 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 ; in others, the sovereign. 
 Cowell. 
 
 LAST WILL. [Lat. ultima voluntas ; 
 L. Fr. darrein volunte ; Gr. nXevTam ^ouX^irij.] 
 This term, according to Lord Coke, is most 
 commonly used where lands and tenements 
 are devised, and testament where it con- 
 cerns chattels. Co. Litt. Ill a. Both 
 terms, however, are now generally employed 
 in drawing a will either of lands or chat- 
 tels, as descriptive of the instrument, — 
 (" my last will and testament ; ") the general 
 word of description being " will," (q. v.) 
 
 LASTAGE. In old English law. A 
 custom exacted in some fairs and markets 
 to carry things where one will. Bastal 
 Uxpos. Verb, cited in Spelman and Cowell. 
 The burthen of a ship, (onus quod navi 
 imponitur.) Spelman. According to CoweU, 
 the ballast of a ship. 
 
 A kind of tax or tribute. Spelman. A 
 custom paid for wares sold by the last. 
 Cowell. See Sale de Jur. Mar. pars 2, 
 c. 6. A duty of one penny for every quar- 
 ter of corn, that is, ten pence for every last. 
 1 H. Bl. 207, note. 
 
 LASTUS, iiestes. L. Lat. In old Eng- 
 lish law. A last. A weight or measure of 
 hides, wool and other articles. Fleta, lib. 
 2, c. 12, §§ 2, 3. 
 
 LATA CULPA. Lat. In the law of 
 bailment. Gross fault or neglect ; extreme 
 negligence or carelessness, (nimia negligen- 
 tia.) Big. 50. 16. 213. 3. lata CUlpa 
 dolo aequiparatnr. Gross negligence is 
 equivalent to fraud. See Culpa. 
 
 LATENS. Lat. [from foiere, to lie hid.] 
 Latent ; hidden ; not apparent. See Ambi- 
 guitas. 
 
 " LATELY." This word has been held 
 to have " a very large retrospect, as we say 
 ' lately deceased ' of one dead ten or twen- 
 ty years." Per cur. 2 Show. 294. 
 
 LATENT, [from Lat. latens.] Hidden ; 
 concealed ; that does not appear upon the 
 face of a thing. See Ambiguity. 
 
 LATERA. L. Lat. In old records. 
 Sidesmen ; companions ; assistants. CoweU, 
 
LAT 
 
 (131) 
 
 LAU 
 
 LATERABE. L. Lat. [from latus, 
 a side.] In old Englist law. To lie side- 
 ways ; literally, to side ; the opposite of 
 capitare, to head or abut. Cowell. See 
 Capitare. 
 
 LATHE, Leth. [Sax. Icethe ; L. Lat. 
 Icestum, leda.] In English law. A larger 
 division of a county, intermediate between 
 the shire and hundred,' containing some- 
 times three or more hundreds. Spelman, 
 voc. Lmstum. Blount. 1 Bl. Com. 116. 
 It seems to be peculiar to the county of 
 Kent. Id. See 12 East, 244. 
 
 LATHE-REEVE, Lathreve, Leidgreve. 
 Sax. An ofBcer under the Saxon govern- 
 ment, who had authority over a lathe. 
 Oowell. 1 Bl. Com. 116. 
 
 LATIFUNDIUM. Lat. [from latus, 
 broad, and fundus, land?] In the Roman 
 law. An estate of large extent, made up 
 of an aggregation of small estates. Its 
 nature is shown by its Greek name, nvynTria's. 
 Big. 34. 4. 30. 1. These latifundia were 
 acquired by individuals during the later 
 periods of the empire, and are considered 
 to have contributed to the ruin both of 
 Italy and Spain. See Schmidt's Civil Law, 
 Introd. 19. 
 
 LATIMER. A word used by Lord 
 Coke in the sense of an interpreter, 2 Inst. 
 515. Supposed to be a corruption of the 
 Fr. latinier, or latiner. Cowell. Blount. 
 
 LATIN. An important language in the 
 law ; being the language not only of the 
 civil and canon law, but of the early Euro- 
 pean codes, of much of the ancient common 
 law of England and Scotland, and of a large 
 proportion of the public, civil and maritime 
 law of later times. The Latin of the Pan- 
 dects is, in Gibbon's words, " not unworthy 
 of the silver age" of Roman literature ; but 
 the Code and Institutes exhibit the lan- 
 guage in the periods of its decline and de- 
 cay, and the Latin of most of the subse- 
 quent law belongs to that peculiar and 
 technical dialect known as low Latin, or 
 law Latin, (q. v.) The value of the Latin 
 has always consisted in its peculiar expres- 
 siveness as a language of law terms, in its 
 superior conciseness which has made it the 
 appropriate language of law maxims, and in 
 its almost unlimited capacity of condensa- 
 tion by means of abbreviations and contrac- 
 tions, many of which are retained in popu- 
 lar use at the present day. 
 
 LATINL Lat. In the civil law. An 
 inferior kind of freedmen, who did not enj oy 
 the full privilege of Roman citizens, but had 
 
 only what was called the lesser liberty, 
 (minorem libertatem consequebantur.) They 
 were introduced by the Lex Junia Norhana, 
 and abolished by Justinian. Cod. 7. 6. 
 Inst. 1. 5. 3. Id. 3. 8. 4. Heinecc. Mem. 
 Jur. Civ. lib. 1, tit. 5, §§ 107, 109. 
 
 LATITARE. Lat. [freq. of latere, to 
 lie hid.] In the civil law. To hide ; to 
 secrete one's self; to keep out of the way 
 of creditors ; to conceal one's self with a 
 view of defrauding creditors. Big. 42. 4. 
 1. 4 — 7. To conceal one's self for some 
 length of time, (cum tractu aliquo.) Id. 
 42. 4. 7. 8. See Id. 42. 5. 36. 
 
 In old English practice. To keep out 
 of the way, to avoid being served with pro- 
 cess ; not to appear when summoned, 
 Bra-ct. fol. 364 b. 
 
 In old criminal law. To lurk by a road- 
 side. Fleta, lib. 1, c. 24, § 8. 
 
 LATITAT. L. Lat. (He lurks or lies 
 hid.) In old English practice. A writ 
 which issued in personal actions, on the re- 
 turn of non est inventus to a bill of Middle- 
 sex ; so called from the emphatic word in 
 its recital, in which it was " testified that 
 the defendant lurks {latitat) and wanders 
 about" in the county. 3 Bl. Com. 286. 
 Abolished by statute 2 Will. IV. c. 39. 
 
 LATITATIO. L. Lat. [from latitare, 
 q. v.] In the civil law and old English 
 practice. A lying hid ; lurking, or con- 
 cealment of the person. Big. 42. 4. 7. 6. 
 Bract, fol. 126. 
 
 LATRO. Lat. In the civil and old 
 English law. A robber. Big. 50. 1 6. 1 1 8. 
 Fleta, lib. 1, c. 38, § 1. A thief. Id. ibid. 
 
 LATROCINIUM. Lat. [from latro, 
 a robber.] In old English law. Larceny 
 or theft. Beg. Grig. 268 b, 269. See 
 Larceny. 
 
 A thing stolen. Fleta, lib. 1, c. 38, § 7. 
 
 The liberty of infangenthef, or privilege 
 of judging and executing thieves. Cowell. 
 Spelman, voc. Latro. 
 
 LATURE. L.Fr. Breadth. Kelham. 
 
 LATUS. Lat. A side ; the side. 
 
 LAUDARE. Lat. In the civil law. 
 To name ; to cite or quote ; to show one's 
 title or authority. Calv. Lex. A. Qell. 
 Noct. Att. lib. 2, c. 6. 
 
 In feudal law. To determine or pass 
 upon judicially. Feud. Lib. 1, tit. 22. 
 Laudamentum ; the finding or award of a 
 jury. Id. tit. 21. 2 Bl. Com. 285. 
 
 LAUDATIO. Lat. [from laudare, to 
 praise.] In the civil law. A praising or 
 commending; a speaking in one's favor. 
 
LAW 
 
 (132) 
 
 LAW 
 
 Testimony adduced in favor of the charac- 
 ter of an accused person. Hallifax, Anal. 
 b. 3, c. 13, num. 28. 
 
 LATJDEMIUM, Laudimium. Lat. In 
 the civil law. A sum paid by a new 
 emphyteuta, (q. v.) who acquires the emphy- 
 teusis, not as heir, but as a singular suc- 
 cessor, whether by gift, devise, exchange or 
 sale. It was a sum equal to the fiftieth 
 part of the purchase money, paid to the 
 dominus or proprietor, for his acceptance 
 of the new emphyteiita. 1 Mackeld. Civ. 
 Law, 359, § 326. Called, in old Eng- 
 lish law, acknowledgment-money, (q. v.) 
 Cowell. 
 
 LAITDUM. L. Lat. In old Scotch 
 law. Sentence or judgment ; dome or 
 doom. 1 Pitc. Gr. Trials, part 2, p. 8. 
 
 LAUS DEO. Lat. Praise be to God. 
 An old heading to bills of exchange. Wesfs 
 Symholeog. part 1, lib. 2, sect. 660. 
 
 LAUGHLESMAN. Sax. In old Eng- 
 lish law. An outlaw. Bract, fol. 125. 
 
 LAVOK NUEVA. Span. In Spanish 
 law. A new wort. Las Pdrtidas, part 3, 
 tit. 32, 1. 1. 
 
 LAW. [Lat. lex, jus ; Sax. lag, lagh, 
 lah ; L. Fr. ley, loy.^ In the most general 
 sense, — a rule of action prescribed by a 
 superior. 1 £1. Com. 38, 39. A rule of 
 human action or conduct. Id. ibid. A 
 system of such rules.* 
 
 In a stricter sense, — a rule of civil con- 
 duct, prescribed by the supreme power in 
 a state. 1 Steph. Com. 25. 1 Bl. Com. 
 44. This is the definition of municipal or 
 civil law. Blackstone's definition, in full, 
 is, " a rule of civil conduct, prescribed by 
 the supreme power in a state, commanding 
 what . is right and prohibiting what is 
 wrong." The last clause has been made 
 the subject of considerable criticism, and is 
 omitted by Mr. Seijeant Stephen in his New 
 Commentaries, {uh. sup.) It seems to have 
 been taken from the "jubens honesta, pro- 
 hibens contraria" of Cicero's definition of 
 lex, adopted by Bracton, of which, indeed, 
 it is very nearly a.literal translation. Bract. 
 fol. 2. 1 Bl. Com. 122. — A science, or 
 system of principles or rules, defining the 
 rights and duties of persons, and prescrib- 
 ing remedies for their violation or non- 
 observance.* 
 
 In the strictest sense, — a statute ; a rule 
 prescribed by the legislative power. " The 
 laws of a state," observes Mr. Justice Story, 
 " are more usually understood to mean the 
 rules and enactments promulgated by the 
 
 legislative authority thereof, OT long-estab- 
 lished local customs having the force of 
 laws." 10 Peters^ B. 18. Hence he argues, 
 " in the ordinary use of language, it will 
 hardly be contended that the decisions of 
 courts constitute laws." Id. ibid. In this, 
 he follows Sir Matthew Hale, who ob- 
 serves — " It is true, the decisions of courts 
 of justice, though, by virtue of the laws of 
 iljis realm, they do bind as a law between 
 the parties thereto, as to the particular case 
 in question, till reversed by error or attaint, 
 yet they do not make a law, properly so 
 called, for that only the king and parlia- 
 ment can do." Sist. Com. Law, 90, 
 (Runnington's ed. 1820.) But though it be 
 incorrect to speak of a judicial decision as 
 '^ a law," or to call any aggregate of such 
 decisions, " laws," in the plural, yet the 
 decision of a court may in many instances 
 be pronounced to be " law," or " the law of 
 the state or the land," and such expressions 
 are in conformity with daily professional 
 usage. 
 
 *,* In the ordinary definitions of this 
 word, sufiScient attention does not seem tp 
 have been paid to the circumstance of its 
 being used without or with an article pre- 
 fixed ; and to the' nature of such article, as 
 whether definite or indefinite. 
 
 Law, without an article, properly implies 
 a science or system of principles or rules of 
 human conduct, answering to the Latin 
 jus J as when it is spoken of as a subject 
 of study or practice. In this sense, it in- 
 cludes the decisions of courts of justice, as 
 well as acts of the legislature. The judg- 
 ment of a competent court, until reversed 
 or otherwise superseded, is law, as much 
 as any statute. Indeed, it may happen 
 that a statute may be passed in violation 
 of law, that is, of the fundamental law or 
 constitution of a state ; and it is the pre- 
 rogative of courts in such cases to declare 
 it void, or, in other words, to declare it 
 not to be law. See 3 KemarHs R. 378, 
 392 — 395, Comstock, J. Id. 445, Selden, 
 J. See Law of the land. 
 
 A law, (answering to the Latin lex,) 
 undoubtedly imports an act of the legisla- 
 ture ; and the term is quite inapplicable 
 to a decision of a court of justice as ex- 
 plained above. 
 
 The law is a term often used in the 
 same sense with law, as importing a science 
 , or system of principles or rules, though in 
 a somewhat narrower sense, as expressive 
 of a system of principles and rules adopted 
 
LAW 
 
 (133) 
 
 LAW 
 
 by a state for the government of its citizens 
 or subjects. The force of this term is well 
 illustrated by its use in many old maxims, 
 
 such as— "The law" favoureth right, "The 
 law" favoureth things for the eomraon weal, 
 &c. That it does not necessarily import 
 an act of the legislature, see Law of the 
 land. 
 
 law [the law] respccteth the bonds of na- 
 ture. Wingate's Max. 268, max. 78. 
 Finch's Imw, b. 1, ch. 3, num. 29. 
 
 law [the law] favoureth possession, where 
 the right is equal. Wing. Max. 375, max. 
 98. Finch's Law, b. 1, ch. 3, num. 36.- 
 
 law respeeteth matter of substance more 
 than matter of circumstanee. Wing. Max. 
 382, max. 101. Finch's Law, b. 1, ch. 3, 
 num. 39. 
 
 lawrespeeteth possibility of things. Wing. 
 
 Max., 4:03, max. 104. Finch's Law, h. 1, 
 ch. 3, num. 40. 
 
 law favoureth mutual recompence. Wing. 
 Max. 411, max. 108. Finch's Law, b. 1, 
 ch. 3, n. 42. 
 
 law [the law] favoureth charity. Wing. 
 Max. 497, max. 135. 
 
 law favoureth justice and right. Wing. 
 
 Max, 502, max. 141. 
 
 law favoureth common right. Wing. 
 
 Max. 547, max. 144. 
 
 law hateth wrong. Wing. Max. 563, 
 max. 146. Finch's Law, b. 1, ch. 3,n. 62. 
 
 law of itself prejudieeth no man. Wing. 
 Max. 575, max. 148. Finch's Law, b. 1, 
 ch. 3,n. 63. 
 
 law favoureth truth, faith and certainty. 
 
 Wing. Max. 604, max. 154. 
 
 law disf avoureth impossibilities. Wing. 
 
 Max. 606, max. 155. 
 
 law disfavoureth improbabilities. Wing. 
 Max, 620, max. 161. 
 
 law favoureth diligence, and therefore 
 hateth folly and negligence. Wing. Max. 
 
 665, max. 172. Finch's Law, b. 1, ch. 3, 
 n. 70. 
 
 law favoureth speeding of men's causes. 
 Wing. Max. 673, max. 175. 
 
 law hateth delays. Wing. Max. 674, 
 max. 176. Finch's Law, b. 1, eh. 3, n. 71. 
 
 law [the law] constrneth things with 
 equity and moderation. Wing. Max. 685, 
 max. 183. Finch's Law, b. 1, ch. 3, n. 74. 
 
 law construeth things according to common 
 possibility or intendment. Wing. Max. 706, 
 
 max. 189. 
 
 law always construeth things to the best. 
 
 Wing. Max. 720, max. 193. ^ 
 
 law construeth every act to be lawful, 
 
 when it standeth indifferent whether it should 
 
 be lawful or not. Wing. Max, 722, max. 
 194. Finch's Law, b. 1, ch. 3, n. 76. 
 
 law [the law] favoureth things for the 
 commonwealth [common weal.] Wing. Max. 
 
 729, max. 197. Finch's Law, b. 1, ch. 
 3, n. 53. 
 law favoureth public commerce. Wing. 
 
 Max. 738, max. 198. 
 
 law favoureth honour and order. Wing. 
 
 Max. 739, max. 199. 
 
 law favoureth public quiet. Wing. Max. 
 742, max. 200. Finch's Law, b. 1, ch. 
 3, n. 54. 
 
 law hateth new inventions and innova- 
 tions. Wing. Max, 756, max. 204. 
 
 law favoureth life, liberty and dower. 
 " Is it not a common principle that the law 
 favoureth three things : life, liberty and 
 dower? And what is the reason of this 
 favour ? This, because our law is grounded 
 upon the law of nature. And these three 
 things do flow from the law of nature, — 
 preservation of life natural ; liberty, which 
 every beast or bird seeketh, and affecteth 
 naturally; the society of man and wife, 
 whereof dower is the reward natural." 
 Bacon's Arg. Case of the Postnati' of 
 Scotland ; WorJcs, iv. 345. 
 
 LAW. [Lat. lex; L. Fr. Zey.] In old 
 English law. An oath ; particularly that 
 kind of oath which was taken with com- 
 purgators, in the proceeding called " mak- 
 ing law" or less correctly, wager of law. 
 See Compurgator, To make law, Law^worth. 
 A freeman's privilege of being sworn in 
 court as a juror or witness. See Frank 
 law. Libera lex. 
 
 LAW OF ARMS. [Lat. lex armorum, 
 jus militare.'] That law which gives pre- 
 cepts and rules concerning war ; how to 
 make and observe leagues and truce, to 
 punish ofienders in the camp, and such like. 
 Cowell. Blount. Now more commonly 
 called the law of war, (q. v.) 
 
 LAW OF THE LAND. [L. Lat. lex 
 terrce.l Due process of law. Magna 
 Charta, c. 29. 2 Inst. 50. 2 ITeni's Com. 
 13. 1 Curtis' R. 311.— -A trial by due 
 course and process of law, or according to 
 the course of the common law. Coulter, 
 J. 6 Perm. St. (Barr's) R. 86, 91. Bron- 
 son, J. 4 Hill's (N. Y.) R. 140, 146. The 
 words " law of the land " do not necessa- 
 rily or exclusively signify an act of the 
 legislature. RuflSn, C. J. 4 Bevereux's R. 
 16. Comstock, J. 3 Kernan's R. 393. 
 The general and public law, operating 
 
LAW 
 
 (134) 
 
 LAW 
 
 equally upon every member of the com- 
 munity. 2 Terger's (Tenn.) B. 500, 554. 
 10 Id. 71. 2 Kent's Com. 13, note. 
 
 In American law, this has become a 
 common phrase in state constitutions and 
 bills of rights. Its original is the "Zea; 
 terrw" of Magna Charta, which Lord Coke 
 has construed to mean, " due process of 
 law ;" and this construction seems to have 
 been adopted in the Constitution of the 
 United States, in which the latter phrase 
 is used. Const. U. S. Amendments, Art. 
 5. See Lex terrce. 
 
 LAW OF MARQUE. See Marque, 
 Letters of Marque. 
 
 LAW OF MERCHANTS. See Law- 
 
 i^BTCftOLfh t 
 
 LAW OF NATIONS. [Lat. jus gen- 
 tium.'] A system of rules and principles 
 established among nations, and inteiided for 
 the regulation of their mutual intercourse ; 
 otherwise called international law, (q. v.) — 
 A code of public instruction, which defines 
 the rights and prescribes the duties of 
 nations in their intercourse with each other. 
 1 Kenfs Com. 1. It is founded for the 
 most part on usage, consent and agreement, 
 but in an important degree, also, on the 
 principles of natural law. Id. 2. 
 
 LAW OF NATURE. [Lai. jus natures, 
 jus naturale.] A rule of conduct arising 
 out of the natural relations of human beings, 
 established by the Creator, and existing 
 prior to any positive precept. Webster, 
 Otherwise termed natural law. Tayl. Civ. 
 Law, 99. The foundation of this law is 
 placed by the best writers in the will of 
 God, discovered by right reason and aided 
 by divine revelation; and its principles, 
 when applicable, apply with equal obliga- 
 tion to individuals and to nations. 1 Kents 
 Com. 2, note. Id. 4, note. 
 
 LAW OF THE STAPLE. In old 
 English law. The same with the law-mer- 
 chant, (q. V.) Blount. But see Jus stapula. 
 
 LAW OF WAR. See Jus belli. 
 
 LAW-BORGH. Sc. [from law, and 
 Sax. borh, a pledge.] In old Scotch law. 
 A pledge or surety given for a party's ap- 
 pearance in court. Skene de Verb. Sign. 
 voc. Iter, (p. 79.) 
 
 LAW BURROWS. In Scotch law. 
 Security for the peaceable behaviour of a 
 party ; security to ieep the peace. 1 Ro- 
 bertson's Charles V. Appendix, No. xvi. 
 Properly, a process for obtaining such se- 
 curity. 1 Forbes' Inst, part 2, p. 198. 
 Bell's Diet. 
 
 LAW DAY or LAGE DAY. In old 
 English law. A day of open court ; com- 
 monly used for the more solemn courts of 
 a county or hundred. Oowell. 
 
 The court leet, or view of frankpledge. 
 Id. Blount. 
 
 In modern practice. The day limited 
 in a mortgage or deed of trust, for the 
 payment of the debt secured. 24 Alabama 
 R. 149. 10 Connecticut R. 280. 
 
 LAW FRENCH. The Norman French 
 language, introduced into England by Wil- 
 liam the Conqueror, and which, for several 
 centuries, was, in an emphatic sense, the 
 language of the English law, being that in 
 which the proceedings of the courts and of 
 parliament were carried on, and in which 
 many of the ancient statutes, reports, 
 abridgments and treatises were written and 
 printed. • It is called by Blackstone "a 
 barbarous dialect," and the later specimens 
 of it fally warrant the appellation, but at 
 the time of its introduction it was, as has 
 been observed, the best form of the lan- 
 guage spoken in Normandy. 
 
 The pleadings in actions, including the 
 arguments of counsel and the decisions of 
 the courts, were conducted and pronounced 
 exclusively in this language, down to the 
 thirty-sixth year of Edward III. when the 
 English was substituted in its place. 3 Bl. 
 Com. 318. The cases and decisions, how- 
 ever, continued to be reported in French to 
 the close of the seventeenth century, the 
 first reports published in English being 
 those of Style, in 1658. The statutes 
 began to be written in French in the reign 
 of Henry III. and in some of the sub- 
 sequent reigns are exclusively in this lan- 
 guage. The English was substituted in the 
 reign of Henry VII. Of the law treatises 
 in French, the most important are those of 
 the Mirror and Britton, and the later work 
 of Littleton. A good sketch of the history 
 of the language may be found in an article 
 in the North American Review for October, 
 1840. 
 
 The frequent barbarisms observable in 
 this language, especially in its later periods, 
 arose from the corruptions to which it was 
 inevitably exposed from its intermixture 
 with English ; which, after it had ceased to 
 be spoken, increased to such a degree as to 
 produce a sort of hybrid dialect, many 
 amusing specimens of which may be found 
 in the books. Even the purer portions of 
 it appear to have been in a state of continual 
 fluctuation, no uniform standard even of 
 
LAW 
 
 (135) 
 
 LAW 
 
 orthography being regarded. Hence we 
 find the ordinary word ley (law,) occurring 
 in the several forms of lay, lee, leie and ly ; 
 and the still more common word lour, 
 (their) taking the forms of hour, ler, lirr, 
 loar, lor, lur, lure and lurr. The old 
 parliament rolls, from which Kelham in his 
 Norman Dictionary has extracted copiously, 
 furnish numerous examples of this Mnd. 
 As a further evidence of the singular dete- 
 rioration which this language underwent, 
 it may be mentioned that in the small 
 volume of Britton, of 28V folios, or 5*78 
 pages ISmo. the text of 650 passages was 
 considered by Wingate, in the year 1640, 
 to be so corrupt as to justify a different 
 reading. 
 
 LAW LATIN. A technical kind of 
 Latin, in which the pleadings and proceed- 
 ings of the English courts were enrolled 
 and recorded from a very early period to 
 the reign of George IL ; being also, during 
 a great part of the same period, the lan- 
 guage of original and judicial writs, of royal 
 charters and letters patent, of private char- 
 ter or deeds, and many other instruments 
 public and private. See, in particular, the 
 Registnim Brevium, and West's Symbole- 
 ography, passim. See Latin, and the words 
 in this dictionary designated by the abbre- 
 viation " L. Lat." It still continues to be 
 used in England and Scotland, as the lan- 
 gu^e of some public instruments, such as 
 charters, pardons, &c. 
 
 *^* The principal peculiarities of this 
 language consist first, in its construction, 
 which is adapted so closely to the English 
 idiom as to answer to it sometimes word 
 for word ; and, secondly, in the use of nu- 
 merous words "not allowed by grammarians 
 nor having any countenance of Latin," but 
 framed from the English by merely adding 
 a Latin termination, as murdrum from 
 murder, gardinum from garden, and the 
 verbs murdrare, to murder, triare, to try, 
 and the like. Hence it has frequently been 
 looked upon as of modern origin, and in 
 Blackstone's words, " to be totally fabrica- 
 ted at home." " Whereas, in reality," as 
 the same writer observes, "it is a very 
 universal dialect, spread throughout all 
 Europe at the irruption of the northern 
 nations, and particularly accommodated and 
 moulded to answer all the purposes of the 
 lawyers with a peculiar exactness and pre- 
 cision." 3 Bl. Com. 419. It is, indeed, 
 only a variety of what is generally termed 
 Low Latin, or the Latin of the middle 
 
 ages, {media et infirma Latinitas,) in which 
 all the codes of the early nations of Europe, 
 as the Franks, Burgundians, Alemanni, and 
 others appear to have been written, At 
 this remote period, then, the practice of 
 framing for legal purposes new words from 
 the vernacular, with Latin terminations, 
 may be considered as having originated. 
 The words themselves, though now gene- 
 rally regarded as unmitigated barbarisms, 
 were as much the result of necessity as of 
 ignorance, being intended to express certain 
 necessary ideas for which no appropriate 
 Latin words in many cases existed. Of this 
 class are the words faderfium, garathinx, 
 hrevawuntum, lidscartum and many others, 
 which in point of rudeness exceed any in 
 the English books. 
 
 On the adoption of the Latin in England, 
 as the record language of the law, a still 
 greater necessity of framing new or modern 
 Latin words was found to exist. The lan- 
 guage had to be closely adapted to the 
 various exigencies of modern life, and to be 
 made to express many ideas and subjects 
 which previously had no existence what- 
 ever. The pleadings in actions, particular- 
 ly, contained constant references to articles 
 of dress, of food, of household furniture, and 
 other things which it was necessary to 
 mention by name, but for which no genuine 
 Latin could possibly be found. In such 
 cases, the original system of adding a Latin 
 termination to the vernacular word was, to 
 some extent, pursued. Hence it was al- 
 lowed to use velvetum for velvet, and the 
 like. 10 Co. 133 b. In many cases, how- 
 ever, the practice was introduced of de- 
 scribing the article or other subject by what 
 was technically termed an " Anglice," or 
 " vocaf :" that is, by first using some Latin 
 word descriptive of the class to which it 
 belonged, and then naming the particular 
 English word for it, preceded by the word 
 Anglice (in English,) or vocat', (called,) 
 thus : " operimentum, Anglice, a rug,'' 
 " decem velamina, Anglice, coifs," " instru- 
 mentum, vocat' a plate for a jack." 10 Co. 
 130 a, 133 b. Styles, 125. Numerous 
 examples of this kind occur in the older 
 reports. 
 
 In point of construction, or the arrange- 
 ment of words in sentences, this Law Latin 
 was, with a view to greater precision, close- 
 ly assimilated to the English idiom. Hence 
 such phrases as "conuenit, promisit et 
 agreavit ad et cum," (covenanted, promised 
 and agreed to, and with ;) " de tempore in 
 
LAW 
 
 ( 136 ) 
 
 LAY 
 
 tempns et ad omnia tempora" (from time 
 to time and at all times.) With all its 
 rudeness and singularity, however, it was 
 always considered as fundamentally Latin, 
 and governed essentially by the ordinary 
 rules of grammar; and that it was not 
 viewed by the courts as necessarily, even 
 inelegant, is shown in the remark of Lord 
 Holt, that " what is good Latin in Cicero 
 is good Latin in law." 2 Ld. Baym. 904, 
 907. 
 
 LAW-MERCHANT. [Lat. lex merca- 
 toria.] The general body of European 
 usages in matters relative to commerce. 
 1 Steph. Com. 54. Otherwise termed com- 
 mercial law. Blackstone calls it the custom 
 of merchants, and ranks it under the head 
 of the particular customs of England, which 
 go to make up the great body of the com- 
 mon law. 1 £1. Com. 15. Mr. Stephen, 
 however, very properly remarks that, as its 
 character is not local, nor its obligation 
 confined to a pa,rticular district, it cannot 
 with propriety be considered as a custom, 
 in the technical sense in which Blackstone 
 uses that word. 1 Steph. Com. 54. It is 
 a law, indeed, which does not rest essen- 
 tially for its character and authority on the 
 positive institutions and local customs of 
 any particular country, but consists of cer- 
 tain principles of equity and usages of trade 
 which general convenience and a common 
 sense of justice have established, to regulate 
 the dealings of merchants and mariners in 
 all the commercial countries of the civilized 
 world. 3 Xenffs Com. 2. 
 
 LAW- WORTH. A word occurring in 
 a charter granted by William the Conqueror 
 to the city of London. " And I grant you, 
 that I will that you be all your law^worth 
 that ye were in Edwardis dayes the king," 
 &c. Blount, voc. Portgreve. The mean- 
 ing probably is, privilege in regard to law, 
 or the privileges of a legalis homo, or lawful 
 man; or the word may have an aflSnity 
 with the othesworthe (q. v.) of Bracton. 
 
 LA WE, Law. In old English law. A 
 hill. Co. Litt. 4 b. 
 
 LAWFUL. [L. Lat. legalis ; Lat. lid- 
 tus, legitimus.l Authorized or permitted 
 by law ; conformable to law ; as a lawful 
 act or proceeding. 
 
 Having the qualities or qualifications 
 prescribed by law. 
 
 " LAWFUL MONEY OF THE UNL 
 TED STATES," is lawful money of any 
 state or territory. 1 Hempstead's B. 236. 
 
 LAWING OF DOGS. In forest law. 
 
 The cutting out the ball of the forefeet of 
 dogs, or cutting off three claws of the fore- 
 foot. Chart, de Forest, c. 6. See Expedi- 
 tate. 
 
 LAWNDE, Lovmde. In old English 
 law. A plain between woods. Co. lAtt. 
 5 b. 
 
 TO LAY. In pleading. To allege or 
 state. To lay the venue in a declaration, is 
 to state or name a particular county in the 
 margin and body of the declaration, as the 
 county in which the plaintiff proposes that 
 the trial shall take place. See Venue. 
 This is sometimes termed laying the action. 
 3 Steph. Com. 574. To lay damages, is to 
 state at the conclusion of the declaration 
 the amount of damages claimed in the 
 action. See Damages. 
 
 LAY. L. Fr. Lay; not clerical or 
 ecclesiastical. Lay fee. Britt. c. 96. Lay 
 home ; a layman. Id. ibid. 
 
 A layman. A touts lays ; to all lay- 
 men. Id. c. 16. Clers ou lays; clerks 
 or laymen. Id. c. 28. Les layes. Kel- 
 ham. See Lays gens. 
 
 LAY. L. Fr. and Eng. [Lat. laicus, 
 q. v.] Not clerical or ecclesiastical ; rela- 
 ting or belonging to the people (Gr. Xaiij,) 
 as distinguished from the clergy. See 
 infra. 
 
 LAY CORPORATION. A corpora- 
 tion composed of laymen, as distinguished 
 from ecclesiastical persons ; or established 
 for temporal, as distinguished from spirit- 
 ual purposes.* Formerly called a temporal 
 corporation. Cowell, voc. Corporation. 
 See Corporation. 
 
 LAY DAYS.. In the law of shipping. 
 Days allowed in charter parties, for loading 
 and unloading the cargo. 3 KenCs Com. 
 202, 203. 
 
 LAY FEE. L. Fr. and Eng. [L. Lat. 
 feodum laicum.] In English law. A fee 
 held of a lay lord, or by lay tenure, that 
 is, the ordinary feudal tenure, as distin- 
 guished from the ecclesiastical tenure of 
 frankalmoign.* Britt. c. 26. 2 Bl. Com. 
 101. 
 
 LAY IMPROPRIATOR. In English 
 ecclesiastical law. A lay person holding a 
 spiritual appropriation. 3 Steph. Com. 72. 
 See Appropriation. 
 
 'LAYS GENTS, Lays Gens, Lais Gens. 
 L. Fr. In old English law. Lay people ; 
 the common people or laity. Les lays 
 gents gwe ne sont apprises en la ley ; the 
 common people who are not learned in the 
 law. Litt. sect. 331. Ceo serra grand 
 
LE 
 
 (137) 
 
 LEA 
 
 p'il a metf cest matff en bouche del lais 
 gens; it would be a great hazard (very 
 dangerous) to put this matter in the mouth 
 of lay people. Yearb. M. 9 Hen. VI. 
 37. See Gents. 
 
 A jury ; jurors. Yearb. M. 11 Hen. 
 VI. 2, 4. 
 
 LE, Lee. L. Pr. Large ; broad. Kellmm. 
 
 LE. L. Fr. The. IJsed anciently in 
 the composition of names. Henricus le 
 Smyth; Henry the Smyth. Reg. Orig. 
 96 b. Philippus le Riche ; Philip the 
 Rich. Bract, fol. 166. Henricus le Tur- 
 ner ; Henry the Turner. Id. fol. 199. 
 Johannes le Botiler ; John the Butler. 
 Yearb. H. 3 Edw. HI 10. 
 
 LE, lAe, is used in old Scotch records, 
 in the same manner as the Lat vocaf in 
 old English records. Cum dicf pessimo 
 veneno, le poysone. 1 Pitc. Cr. Trials, 
 part 2, p. 202. Cum magna exercitu le 
 buschement ; with a great force called an 
 ambushment. Id. 329. Cum uno man- 
 gonale lie gwnne ; with an engine called a 
 gun. Id. ibid. 
 
 LE GUIDON, (or LE GUIDON DE 
 LA MER.) The title of a celebrated 
 French treatise on the law of insurance, 
 being the earUest work extant on that sub- 
 ject. It was prepared for the use of the 
 merchants of Rouen at least as early as the 
 sixteenth century, but its author's name 
 has not been preserved. It was published 
 by Cleiracinl67l, in his collection entitled 
 Les Us et Coutumes de la Mer. 3 Kenis 
 Com. 346. 1 Duer on Ins. Introd. Disc. 
 Lect. ii. 
 
 LE ROY (or LA REINE) LE VEUT. 
 L. Fr. The king (or queen) wills it. The 
 form of the royal assent to public bills in 
 parliament. 1 Bl. Com. 184. Le roy le 
 voet. Rot. Pari. 4 Hen. IV. 
 
 LE ROY (or LA REINE) S'AVI- 
 SERA. L. Fr. The Mng (or queen) will 
 advise upon it. The form of words used to 
 express the refusal of the royal assent to 
 public bills in parliament. 1 Bl. Com. 
 184. This is supposed to correspond to 
 the judicial phrase curia advisari vult, 
 (q. V.) 1 Chitt. Bl. Com. ibid. note. 
 
 LE ROY (or LA REINE) REMERCIE 
 SES LOYAL SUJETS, ACCEPTE 
 LEUR BENEVOLENCE, ET AUSSI LE 
 VEUT. L. Fr. The king (or queen) 
 thanks his (or her) loyal subjects, accepts 
 their benevolence, and wills it to be so. 
 The form of the royal assent to a bill of 
 supply. 1 Bl. Com. 184. 
 
 LE ROY VOET. L. Fr. The king 
 wills. The initial words of the royal an- 
 swers to the petitions of the commons in 
 parliament. Le roy voet que de cy en 
 avant, &c. HaWs Hist. Com. Law, 51. 
 
 LEA, Ley. In old English law. A 
 pasture. Co. Litt. 4 a. 
 
 To LEAD A USE. In old conveyan- 
 cing. To direct beforehand the particular 
 use to which a conveyance is to operate.* 
 Deeds to lead uses were common incidents 
 to fines and recoveries, where the latter 
 were intended to operate to certain uses, 
 being, in other words, deeds made previous 
 to the fine or recovery, directing its opera- 
 tion to the particular uses. 1 Steph. Com. 
 529, 530. 
 
 To LEAD IN A CAUSE. In English 
 practice. A term applied, at trials at nisi 
 prius, to the counsel (hence called leading 
 counsel or leader,) who directs the man- 
 agement of a cause, as distinguished from 
 the junior counsel, who only assists under 
 his direction. Holthouse. 
 
 LEADING CASE. In practice. A 
 reported case in which the decision of the 
 court is considered as settling or deter- 
 mining the law upon the point or points 
 involved, and which is looked upon and 
 followed as a guide for subsequent deci- 
 sions. 
 
 LEADING COUNSEL. See To lead 
 in a cause. 
 
 LEADING QUESTION. In practice. 
 A question put or framed in such a form 
 as to suggest the answer sought to be 
 obtained by the person interrogating. 
 Holthouse. As, " Did not you see this ?" 
 or, " Did not you hear that ?" 3 Bl. Com. 
 449. ■ 3 Chitt. Gen. Pr. 89^, et seq. Best 
 on Evid. 478, § 436. — A question which 
 directly suggests the answer desired, or 
 which embodies a material fact, and ad- 
 mits of a simple negative or affirmative. 
 26 Mississippi R. 157. 
 
 LEAL. L. Fr. [from ley, law.] In old 
 English law. Lawful. Le don fuit bon et 
 leal ; the gift was good and lawful. Britt. 
 c. 51. Leal matrimoine. Id. c. 43. 
 
 Loyal ; liege ; a liege. A touts sesfeals 
 et ses leaus ; to all his faithful subjects and 
 his lieges. Britt. fol. 1. 
 
 LEALMENT, Leaument. L. Fr. Law- 
 fully. Britt. cc. 29, 58. 
 
 LEALTE. L Fr. Legality ; the con- 
 dition of a legalis homo, or lawful man. 
 LL. Gul. Conq. 1. 16. 
 
 LEARNING. [L. Fr. erudicion:] Doc- 
 
LEA 
 
 (138) 
 
 LEE 
 
 trine. "It is a common learning." 1 
 Leon. 77. 
 
 LEAS. L. Fr. A lease. Stat. Glo- 
 cest. c. 4. 
 
 LEASE. [L. Fr. leas, lees, leez, from 
 lesser, or laiser, to let; L. Lat. dimissio, 
 q. v.] A conveyance of any lands or tene- 
 ments (usually in consideration of rent or 
 other annual recompense,) made for life, 
 for years or at will, but always for a less 
 time than the lessor has in the premises ; 
 for if it be for the whole interest, it is 
 more properly an assignment than a lease. 
 2 Bl. Com: 317. Shep. Touch. 266. 
 Watkins on Conv. 220. — A contract in 
 writing, under seal, whereby a person, hav- 
 ing a legal estate in hereditaments, corpo- 
 real or incorporeal, conveys a portion of 
 his interest to another, in consideration of 
 a certain annual rent or render, or other 
 recompense. Archb. Landl. dt Ten. 2. 
 This last definition is framed in accordance 
 with recent English statutes. See 1 Jlil- 
 liarcCs Real Prop. 212. 
 
 The usual words of operation in a lease, 
 according to Blackstone, are " demise, 
 grant and to farm let," which are transla- 
 tions of the Lat. dimisi, concessi et ad 
 firmam iradidi, used in the ancient leases. 
 2 Bl. Com. 317, 318. Other writers state 
 the operative words to be " demise, lease 
 and to farm let." Watk. on Conv. 207. 
 Archb. Landl. <& Ten.. 19. But any other 
 words which express an intention to part 
 with the possession, will amount to a 
 lease. 1 Steph. Com. i'l'J. In Penn- 
 sylvania, the word "lease," even in 
 a parol lease, implies a covenant for 
 quiet enjoyment. 20 Penn. St. B. 482. 
 As to the diflference between a lease and a 
 contract to work for a share of the crop, 
 see 3 Jones' Law R. 63. 
 
 LEASE AND KELEASE. A species 
 of conveyance deriving its eflScacy from the 
 statute of uses, and now the most common 
 method in England, of conveying freehold 
 estates. It is, as its name imports, a com- 
 pound conveyance, consisting of a lease, or 
 rather a bargain and sale, and a release, 
 constituting separate deeds, and is eflfected 
 thus : A lease, or rather bargain and sale 
 upon some pecuniary consideration, for one 
 year, is made by the tenant of the freehold 
 to the lessee or bargainee. This, without 
 any enrolment, mates the bargainor stand 
 seised to the use of the bargainee, and vests 
 in the bargainee the use of the term for a 
 year, and then the statute immediately 
 
 annexes the possession. He, therefore, 
 being thus in possession, is capable of 
 receiving a release of the freehold and 
 reversion, which must be made to a tenant 
 in possession; and accordingly the next 
 day a release is granted to him. 2 Bl. 
 Com. 339. 1 Steph C<m. 496. 
 
 This mode of conveyance was universally 
 in practice in the state of New-York until 
 the year 1788, after which, on the revision 
 of the statute law, it gave place to the con- 
 veyance by bargain and sale. 4 Kent's 
 Com. 494. 
 
 LEASING-MAKING. In old Scotch 
 criminal law. An offence consisting in 
 slanderous and untrue speeches, to the dis- 
 dain, reproach and contempt of the king, 
 his council and proceedings, &c. BelPs 
 Diet. 
 
 LEASUM. Sc. In old Scotch law. 
 Lawful Skene de Verb. Sign. voce. Manus 
 mortua. Vadium. 
 
 LEAUE.E, Leur. L. Fr. Breadth. 
 ITelham. 
 
 LEAUTE. L. Fr. Legality; suffi- 
 ciency in law. Britt. c. 109. 
 
 LEAVE. To give or dispose by will. 
 "The word leave, as applied to the sub- 
 ject-matter, primA facie means a disposition 
 by will." Bayley, J. 10 Hast, 438. 
 
 LEA WE. L. Fr. Water. Kelham. 
 
 LEDA. L. Lat. In old English law. 
 A lathe (division of a county.) Spelman. 
 See Lathe. 
 
 LEDE. L. Fr. Grievous. Kelham. 
 Afflicted; impaired or damaged in appear- 
 ance. Lede ou bele, sick (or ill-favored) or 
 fair Britt c 68 
 
 LEDENGE. L. Fr. Damaged. Kelham. 
 
 LEDER. L. Fr. [from Lat. loedere?'\ 
 To hurt. Ledera ; shall hurt. Ledez ; 
 hurt. Kelham. 
 
 LEDGREVIUS. L. Lat. In old Eng- 
 lish law. A lathe-reeve, or chief officer of 
 a lathe. Spelman. 
 
 LEE. L. Fr. Large. Kelham. 
 
 Law. Id. A corruption of ley. 
 
 Bead, (from Her, q. v.) 
 
 LEES. L. Fr. [from lesser, to let.] A 
 lease. Lees et dimissions. Britt. c. 34. 
 Id. cc. 42, 47, 114. 
 
 A leash by which dogs were led. Yearb. 
 M. 18 Hen. VL 6. 
 
 LEET. [L. Lat. leta ; L. Fr. Zete.] In 
 English law. The name of a court of 
 criminal jurisdiction, formerly of much 
 importance, but latterly fallen into disuse. 
 See Court leet. 
 
LEG 
 
 (139) 
 
 LEG 
 
 Spelman derives this word from the Sax. 
 let, a part, from its jurisdiction being par- 
 celled out among smaller tribunals, or from 
 l(et, a valuation or assessment. Others 
 derive it from the Sax. leod, people ; be- 
 cause all the residents in a manor assembled 
 there. Crahb's Hist. Eng. Law, 110. 
 
 LEGA. L. Lat. In old English law. 
 The allay of money. Cowell. Blount. 
 
 A termination of the names of places in 
 old records, supposed by Spelman to sig- 
 nify place. 
 
 LEGABILIS. Lat. [from legare, to be- 
 queath.] In old English law. That which 
 may be bequeathed. Cowell. 
 
 LEGACY. [Lat. legatum, q. v.] A 
 bequest or gift of goods and chattels by 
 testament. 2 Bl. Com. 512. 2 Steph,. 
 Com. 248. — A gift by will of personal 
 property. Ward on Legacies, 1. — A gift 
 by will either of a sum of money, called a 
 general or pecuniary legacy, or of a specific 
 article, as a piece of plate, called a specific 
 legacy, (q. v.) 
 
 The word legacy properly imports a gift 
 of personal, as devise does a gift of real 
 property; but it may, by reference and 
 construction, be descriptive of real estate. 
 1 Burr. 268,272. 3 Term R. 716. Shep. 
 Touch, (by Preston,) 400. The Lat. le- 
 gare (q. v.) had this general sense in the 
 civil law. 
 
 LEGAL, [from Lat. legalis, from lex, 
 law.] According to law ; required, autho- 
 rized or permitted by law ; good or valid 
 in law ; lawful ; the opposite of illegal. 
 As, a legal contract, a legal tender, legal 
 resistance, and the like. 
 
 That which is governed by, or construed 
 according to rules of law, in contradistinc- 
 tion to rules of equity; the opposite of 
 equitable. As, a legal estate, legal assets, 
 &c. 
 
 LEGAL ASSETS. That portion of 
 the assets of a deceased party which by 
 law are directly liable, in the hands of his 
 ^xecutor or administrator, to the payment 
 of debts and legacies. 1 Story'' s Eq. Jur. 
 § 551. Such assets as can be reached in 
 the hands of an executor or administrator, 
 by a suit at law against him. Id. ibid. 
 
 LEGAL ESTATE. That kind of estate 
 which is properly cognizable in the courts 
 of common law, though noticed, also, in 
 the courts of equity. 1 Steph. Com. 211. 
 
 LEGALIS HOMO. L. Lat. In old 
 English law. A lawful man ; a person to 
 whom no objection could be made in a 
 
 court of justice ; a person who stood rectus 
 in curia, not outlawed, excommunicated or 
 infamous ; a person who could sue and be 
 sued at law ; a person competent to be 
 sworn as a juror or witness ; a person en- 
 joying the privilege technically called lex, 
 (q. V.) Magna Charta, c. 14. Spelman, 
 voc. Legalis. Legales included both liberos 
 and probos. 2 Show. 144. The phrase 
 " lawful men" is still used in jury process. 
 
 LEGALITAS. L. Lat. [from legalis.] 
 Legality ; the quality, character or con- 
 dition of a legalis homo, (q. v.) Spel- 
 man. 
 
 Behaviour according to law ; good be- 
 haviour. Id. 
 
 LEGAEE. Lat. In the civil and old 
 English law. To bequeath; to leave or 
 give by will ; to give in anticipation of 
 death ; in Scotch phrase, to legate. Inst. 
 2. 20. Dig. 30. 12, 15, et seq. Bract, fol. 
 18 b. Stat. Merton, c. 2. 1 Kames^ 
 Equity, 259. Applied, in the civil law, to 
 real as well as personal property, and so 
 used by Bracton. Legare fundum. Inst. 
 2. 20. 9. Legare terram. Bract. foL 186. 
 
 LEGATARIUS. Lat. In the civil law. 
 One to whom a thing is bequeathed ; a 
 legatee, or legatary. Inst. 2. 20. 2, 4, 5, 
 10. Bract. M. 40. 
 
 In old European law. A legate, mes- 
 senger, or envoy. Spelman. See Le- 
 gatus. 
 
 LEGATEE. [Lat. legaiarius.] The 
 person to whom a legacy is given. 2 Bl. 
 Com. 512. Sometimes used in the sense 
 oi devisee. See 15 East, 505. 
 
 LEGATINE CONSTITUTIONS. In 
 English law. Ecclesiastical laws enacted 
 in national synods held under the cardinals 
 Otho and Othobon, legates from Pople 
 Gregory IX. and Pope Clement IV. in the 
 reign of King Henry III. about the years 
 1220 and 1268. 1 Bl. Com. 83. 
 
 AHrATON, AiiyoTov. Latino-Gr. In the civil 
 law. Alegacj {legatum.) Dig. 4:8.22.16. 
 
 LEGATUM. Lat. [from legare, q. v.] 
 In the civil law. A legacy ; a gift left by 
 will, (donatio testamento relicta.) Dig. 31. 
 36. 'A gift left by a deceased person, to 
 be executed by the heir ; (donatio qucedam 
 a defuncto relicta, ab hcerede prcestanda.) 
 Inst. 2. 20. 1. 
 
 In the common law. A legacy ; a gift 
 by will. Bracton, following the civil law, 
 makes it to be the same with a donatio 
 mortis causa. Bract, fol. 49. Cum lega- 
 tum sit donatio mortis causA, et legatum 
 
LEG 
 
 (140) 
 
 LEG 
 
 tanium morte confirmatur, et \iit .^] donatio 
 inter vivos traditione. Id. ibid. See Dig. 
 32. 87. This passage is substantially 
 quoted in Dyer, 143. 
 
 In old ecclesiastical law. A soul-scot, 
 mortuary, or gift to the church. Cowell. 
 
 LEGATtrS. Lat. [from legare, to send 
 a messenger.] A legate ; an ambassador, 
 envoy or nuncio. Called, also, in old Euro- 
 pean law, legatarius. Spelman. legatOS 
 
 violare contra jus gentium est. To oflFer 
 
 violence to ambassadors is against the law 
 of nations. Branch's Princ. 
 
 In old European law. A messenger of 
 a private person. Spelman. 
 
 A king's justice or commissary, {missus 
 dominicus.) Id. 
 
 LEGEM FAOERE. L. Lat. In old 
 English law. To mate law, or oath. Le- 
 gem vadiare ; to wage law. Legem habere ; 
 to have law ; to be capable of giving evi- 
 dence upon oath. Legem amitiere ; to 
 lose the law, or privilege of being admitted 
 to oath. Legem, terrce amittentes perpetuam 
 infamicB notam inde merito incurrunt ; they 
 who lose the lex terrce (law of the land,) 
 justly incur therefor the perpetual brand 
 of infamy. 3 Inst. 221. In Branch's 
 Maxims, the peculiar meaning of lex ter- 
 rce, in this passage, has been misappre- 
 hended. 
 
 LEGEM FERRE. Lat. In the Ro- 
 man law. To propose a law to the people 
 for their adoption. Heinecc. Antiq. Rom. 
 lib. 1, tit. 2. Tayl. Civ. Law, 9. 
 
 LEGEM JIJBERE (or SCISCERE.) 
 Lat. In the Roman law. To give con- 
 sent and authority to a proposed law ; to 
 make or pass it. Tayl. Civ. Law, 9. 
 
 LEGER, Legier. L. Fr. Light ; short ; 
 easy. Kelham. 
 
 Quick ; sudden ; violent. L. Fr. Diet. 
 
 LEGEREMENT. L. Fr. [from Uger, 
 q. v.] Slightly ; easily ; shortly. Kel- 
 ham. 
 
 LEGERTE. L. Fr. [from leger, q. v.] 
 Levity. De legerte de jaungle ; from 
 levity of discourse. Britt. c. 96. 
 
 LEGES. Lat. [plur. of lex, q. v.] Laws. 
 At Rome, the leges (the decrees of the 
 people in a strict sense) were laws which 
 were proposed by a magistrate presiding 
 in the senate, and adopted by the Roman 
 people in the comitia centuriaia. 1 Mack- 
 eld. Civ. Law, 18, %2l. Tayl. Civ. Law, 
 111,118. See Lex. 
 
 leges figendi et refigendi consuetudo est 
 The practice of fixing 
 
 and re-fixing [making and remaking] the 
 laws is a most dangerous one. 4 Co. pref. 
 Leges uon verbis sed rebus sunt impositee. 
 Laws are imposed not on words but things. 
 10 Co. 101. Branch's Fr. 
 
 Leges posteriores priores contiarias abro- 
 
 gant. Later laws abrogate prior taws that 
 are contrary to them. 1 Co. 25 b. When 
 the provisions of a later statute are op- 
 posed to those of an earlier, the earlier 
 statute is considered as repealed. Broom's 
 Max. 11, [23.] A very ancient maxim in 
 the Roman law, and called by Blackstone 
 a general principle of universal law. 1 
 Bl. Com. 89. See Abrogare. 
 
 Leges snum ligent latorem. Laws should 
 bind their own maker. Fleta, lib. 1, c. 11, 
 §11. 
 
 LEGES ANGLLE. Lat. The laws of 
 England, as distinguished from the civil 
 law and other foreign systems. Et omnes 
 coniites et barones un& voce responderunt, 
 quod nolunt leges Anglice mutare, quce hu- 
 cusque usitatce sunt et approbates ; and 
 all the earls and barons with one voice 
 answered, that they will not change the 
 laws of England, which have hitherto been 
 used and approved. Stat. Merton, c. 9. 
 1 Bl. Com. 19. 
 
 LEGES NON SCRIPTS. Lat In 
 English law. Unwritten or customary 
 laws, including those ancient acts of psfr- 
 liament which were made before time of 
 memory. Holers Hist. Com. Law, 5. See 
 1 Bl. Com. 63, 64. 
 
 LEGES ROMANS. Lat. The Roman 
 laws. Legum Romanarum non est vilis 
 auctoritas, sed non adeo vim suam exten- 
 dunt, ut usum vincant aut mores ; strenuus 
 autem legisperitus, sicubi casus emerserit 
 qui consuetudinefeudi non sit comprehen- 
 sus, absque calumnia utipoterit lege scripta ; 
 the Roman laws are of no mean authority, 
 but their force does not extend so far as 
 to overcome usage or custom ; but a zeal- 
 ous advocate, if a case arise which is not 
 embraced within the custom of the fief, 
 may without objection make use of the 
 written law. Feud. Lib. 2, tit. 1. 
 
 LEGES SCRIPTJE. Lat. In English 
 law. Written laws ; statute laws, or acts 
 of parliament which are originally reduced 
 into writing before they are enacted, or 
 receive any binding power. Hale's Hist. 
 Com. Law, 1, 2. 
 
 LEGES SUB GRAVIORI LEGE. 
 Lat. Laws under a weightier law. Hale's 
 Hist. C. Law, 46. 44. 
 
LEG 
 
 (141) 
 
 LEO 
 
 LEGES TABELLARI^. Lat. Eo- 
 man laws regulating the mode of voting by 
 ballot, (tabella.) 1 Kenfs Com. 232, note. 
 LEGIBU8 SOLUTUS. Lat. Released 
 from tbe laws; not bound by the laws. 
 An expression applied in the Roman civil 
 law to the emperor. Calv. Lex. 3 Gib- 
 hmHsRom. Emp. 157, (Am. ed. 1844.) 
 
 LEGIOSUS. L. Lat. In old records. 
 Litigious; and so subjected to a course of 
 law. Cowell. 
 
 Legis constrnctio non facit iojuriam. 
 The construction of the law does no wrong ; 
 a construction made by the law works no 
 injury. See Constrnctio. 
 
 Legis interpretatio legis vim obtinet. 
 The interpretation of law acquires the force 
 of law. Branches Princ. 
 
 Legis minister non teuetur in executione 
 officii sui, fngere aut retrocedere. The 
 minister of the law is bound, in the execu- 
 tion of his ofiBce, not to fly nor to retreat. 
 Branch's Princ. 
 
 LEGISPERITUS. L. Lat. A person 
 skilled or learned in the law ; a lawyer or 
 advocate. Eeud. Lib, 2, tit. 1. 
 
 LEGIT UT CLERICUS. L. Lat. (He 
 reads as a clerk.) In old English practice. 
 The answer made by the ordinary to the 
 question Legit vel non? importing that a 
 prisoner could read, and was consequently 
 entitled to the benefit of clergy. Dyer, 
 205. 
 
 LEGIT VEL NON? Lat. (Does he 
 read or not?) In old English practice. 
 The question asked of the ordinary, on the 
 trial, whether a prisoner claiming his clergy 
 could read. 1 Salk. 61. See Benefit of 
 clergy. 
 
 LEGITIM. In Scotch law. Children's 
 claim out of the free moveable estate of 
 their father, amounting to one-half or one- 
 third, (according to circumstances,) of his 
 moveables, after payinlg his debts. BelVs 
 Diet. See 4 BelUs Appeal Cases, 286. 
 
 LEGITIMACY. [L. Lat. legitimitas.] 
 Lawful birth ; the condition of being born 
 in wedlock ; the opposite of illegitimacy, 
 or bastardy. 
 
 LEGITIMATE. [Lat. legitimus.] Law- 
 ful ; lawfully bom ; born in lawful wed- 
 lock. Commonly applied to issue. 
 
 To LEGITIMATE. To make lawful; 
 to confer legitimacy. To place a child 
 born before marriage on the footing of 
 those born in lawful wedlock. 26 Ver- 
 mont B. 653, 657, 658. 
 
 LEGITIMATIO. Lat. In the civil law. 
 
 A making lawful ; the conferring of a law- 
 ful character or condition, as upon children 
 bom before marriage ; legitimation. Inst. 
 1. 10. 13. 
 
 In English law. Legitimacy ; lawful 
 birth. Sempei praisnmitur pro legitimatione. 
 The presumption always is in favor of 
 legitimacy. Branch's Pr, 
 
 LEGITIMATION. The act of making 
 legitimate; the act of conferring legiti- 
 macy on a child bom before marriage. 26 
 Vermont R. 653, 657, 658. 
 
 LEGITIME. Lat. Lawfully ; with the 
 authority of law. Legitime imperanti pa- 
 lere necesse est. One who commands law- 
 fully must be obeyed. Jenk. Cent. 120, 
 case 12. 
 
 LEGITIMITAS. L. Lat. [from legiti- 
 mus, q. v.] In old English law. Legiti- 
 macy; the condition of being lawfully 
 bom, as opposed to bastardy, ^astardia.) 
 Fleta, lib. 5, c. 5, § 7. 
 
 LEGITIMUS. Lat. Lawful; legiti- 
 mate. Legitimus hceres et filius est querii 
 nupiice demonstrant ; a lawful son and heir 
 is he whom the marriage points out to be 
 lawful. Bract, fol. 63. 
 
 LEGO. Lat. In the Roman law. I 
 bequeath. A common term in wills. Dig. 
 30. 86. 81, et seq. See Legare. 
 
 LEGULEITJS. Lat. A person skilled 
 in law, {in legibus versatus ;) one versed in 
 the forms of law. Calv. Lex. Cic. de 
 Orat. i. 55. 
 
 LEI. L. Fr. Law. Prest affaire sa 
 lei ; ready to make his law. Yearb. M. 2 
 Edw. IL 21. 
 
 LEIC. An abbreviation of Leicestria, 
 Leicester. 1 Inst. Cler. 28. 
 
 LEIDGREVE. In Saxon law. An 
 officer who had jurisdiction over a lathe. 
 Cowell. 
 
 LEIE. L. Fr. Law. Kelham. An old 
 form of ley. 
 
 LEIPA. L. Lat. In old English law. 
 A fugitive of runaway. LL. Hen. I. c. 43. 
 Spelman. Possibly the root of elope. 
 
 LENA. Lat. In the Roman law. A 
 bawd. Dig. 23. 2. 43. 7. 
 
 LEOD. Sax. People; a people; a 
 nation. Spelman, voc. Leodes. 
 
 LEODES. L. Lat. [from Sax. Zeod] 
 In old European law. A vassal, or liege 
 man ; {vassallus ; homo ligeus.) Spelman. 
 
 Service, (sertiitium.) Id. Marculf. lib. 
 1, form. 40. 
 
 A were or weregild, {wera, wergildum,) 
 Spelman. 
 
LET 
 
 (142) 
 
 LET 
 
 LEPORAEIUS. L. Lat. In old Eng- 
 lish law. A grey-hound for the hare. 
 Fleia, lib. 2, c. 41, § 21. 2 Mon. Angl. 
 283. 
 
 LEPRA. Lat. In old English law. 
 Leprosy. Fleta, lib. 6, c. 40, § 3. Lepro- 
 sus ; a leper. Id. ibid. 
 
 LESE MAJESTY, Lcese Majesty. [L. Fr. 
 kze majesty The old English and Scotch 
 translation of Icesa majestas, or high trea- 
 son. 2 Beeves' Hist. Miff. Law, 6. 
 
 LESER. L. Fr. To hurt. Kelham. 
 
 LESION. Fr. Damage; injury; det- 
 riment. Kelham. A term of the Scotch 
 law. 1 Karnes' Kq. pref. 
 
 In the civil law. The injury suflfered by 
 one who does not receive a full equivalent 
 for what he gives in a commutative con- 
 tract. Civ. Code of Louis, art. 1854. — Loss 
 sustained by not receiving the just price or 
 value for a thing sold. 1 Texas R. 134. 
 
 Inequality in contracts. Pothier, Obi. 
 part 1, ch. 1, sec. 1, art. 3, § 4. 
 
 LESPEGEND. Sax. A lesser thane 
 or baron. Const. Oanuti Regis de Foresta, 
 art. 2. Spelman prefers to write it Les- 
 thegen. 
 
 LESSEE. L. Fr. and Eng. [from lesser, 
 to let.] He to whom a lease is made for 
 life, or years, or at will. Litt. sect. 67. 
 
 Lessee and cropper distinguished. 3 
 Jones' Law iJ. 61. 
 
 LESSER. L. Fr. To let. Lesse a 
 farme ; let to farm. Britt. c. 21. 
 
 To suffer. Lesse cheir; let fall. Id. c. 1. 
 
 LESSOR. L. Fr. and Eng. He who lets 
 lands for term of life, or years, or at will. 
 Litt. sect. 57. 
 
 LEST. Fr. In French maritime law. 
 Ballast. Ord. Mar. liv. 4, tit. 4, art. 1. 
 
 LESTAGE, Lastage. [L. Lat. Ustagi- 
 um ; from Sax. last, a burden.] In old 
 English law. A custom claimed in fairs 
 or markets for carrying things. RastaVs 
 Expos. Cowell. 
 
 LESTINGE. Sax. In old English law. 
 Acquittance from lestage. Fleta, lib. 1, 
 c. 47, § 11. 
 
 LESTUS, Lastus. L. Lat. In old Eng- 
 lish law. A last ; a measure of commodi- 
 ties. Fleta, lib. 2, c. 12, §§ 2, 3. 
 
 LESWES, Lesues. Sax. Pastures. 
 Domesday. Co. Litt. 4 b. A term often 
 inserted in old deeds and conveyances. 
 Cowell. 
 
 LET. In old conveyancing. Hindrance; 
 interruption. Still ocoasionSly used in the 
 phrase " without any let, suit, trouble," &c. 
 
 To LET. [L. Lat. loeare, traderei] In 
 conveyancing. To demise or lease. See To 
 farm let. "To let and set" is an old ex- 
 pression. 
 
 To LET. [L. Lat. tradere.] In prac- 
 tice. To deliver. " To let to bail" is to 
 deliver to bail on arrest. See Bail, L. Fr. 
 
 To LET IN. In practice. To admit a 
 party as a matter of favor. See To open. 
 
 LETA. L. Lat. In old English law. 
 Leet; a leet or court leet. Spelman. See 
 Leet. 
 
 LETRADO. Span. In Spanish law. 
 An advocate. White's New Recap, b. 1, 
 tit. 1, c. 1, § 3, note. 
 
 LETTER. [Lat. epistola.'] A written 
 communication from one person to an- 
 other.* An order for goods, folded and 
 directed as a letter, though not sealed, is a 
 letter, or mailable matter, within the act 
 of Congress of March 3, 1845, § 10. 12 
 Howard's R. 88, 97. A seal is not neces- 
 sary to constitute it a letter, or mate it 
 chargeable with postage. Id. ibid. 
 
 LETTER, LETTERS. [Lat. epistola; 
 L. Lat. litera, littera. Uteres, breve ; L. Fr, 
 lettre, lettres, briefe.'\ The form given, from 
 a very early period, to many public and 
 private written instruments, as letters pa- 
 tent, writs in actions, appointments of at- 
 torney, of executors and administrators, and 
 some kinds of conveyance ; and still to a 
 considerable extent adhered to. See Fpis- 
 tola, Lettre. It appears to have been de- 
 rived from the form of private epistolary 
 correspondence among the Romans. See 
 Breve. And see the form of a conveyance 
 in Greek, preserved in the Digests. Dig. 
 8. 3. 37. See Id. 17. 1. 59, 60. Id. 20. 
 1. 34. In Scotch practice, judicial writs 
 and other instruments are still called let- 
 ters. Bell's Diet, in voc. 
 
 LETTERS OF ADMINISTRATION. 
 The instrument by which an administrator 
 or administratrix is authorized by the sur- 
 rogate or other proper oflBcer, to have the 
 charge or administration of the goods and 
 chattels of a party who has died intestate, 
 or has left a will without appointing an 
 executor. See Administration. 
 
 LETTER OF ATTORNEY. [L. Lat: 
 litera attornati,] and anciently, LETTERS 
 OF ATTORNEY, [L. Lat. litterce procura- 
 torioe.'] A ' writing authorizing another 
 person, who in such case is called the attor- 
 ney of the person appointing him, to do 
 any lawful act in the stead of another ; as 
 to give seisin of lands, to receive debts, to 
 
LET 
 
 (143) 
 
 LET 
 
 sue a third person, <fec Cowell. Wharton's 
 Lex. Story on Agency, § 3. Now more 
 commonly called a power of attorney, (q. v.) 
 See Letter, 
 
 LETTERS CLOSE, (or CLAUSE.) [L. 
 Lat. liter<K clausm.'\ In English law. Let- 
 ters or writs closed up and sealed on the 
 outside, as distinguished from letters patent, 
 (q. V.) See Close writs. 
 
 LETTER OF CREDIT. A letter writ- 
 ten by a merchant or correspondent to 
 another, requesting him to credit the hearer 
 or other person named, with a certain sum 
 of money. McOullocKs Diet. Wharton's 
 Lex. See 3 KernarCs R. 630. Letters of 
 credit -usually contain a request that some 
 one will advance money or sell goods to a 
 third person, and an undertaking, on the 
 part of the writer, that the debt which may 
 be contracted by the third person in pur- 
 suance of the request, shall be duly paid. 
 Bronson, J. 5 HilVs R. 642. And see 3 
 Gomstock's R. 203. 
 
 LETTER (or LETTERS) OF EX- 
 CHANGE. [L. Lat. litera cambii, literm 
 camhitorim.'l The old title of a bill of 
 exchange. Reff. Oria. 19 L Still preserved 
 in the Fr. lettre de change. See Bill of 
 exchange. 
 
 LETTER OF LICENSE. A letter or 
 written instrument given by creditors to 
 their debtor, who has failed in trade, (fee. 
 allowing him longer time for the payment 
 of his debts, and protecting him from arrest 
 in the mean time. Tomlins. Holthouse. 
 Wharton's Lex. 
 
 LETTERS OF MARQUE AND RE- 
 PRISAL. [Fr. lettres de marque.] In 
 public law. A commission issued by the 
 authority of the sovereign of a nation, to 
 one or more of its subjects, authorizing 
 the seizure of the property of the subjects 
 or sovereign of an offending nation, and 
 the detention of it as a pledge, until satis- 
 faction for the injury complained of, be 
 made.* 1 ITent's Com. 61. 1 £1. Com. 
 258. The words marque and reprisal in 
 this case are synonymous ; the latter signi- 
 fying a taking in return, the former the 
 passing the frontiers, in order to such tak- 
 ing. Id. ibid. See Marque, Reprisal. 
 
 Lettres de marque is defined by Emeri- 
 gon to be, the right of passing the limits 
 or frontiers of another sovereign, and of 
 doing justice to one's self; {droit de passer 
 les limites ou frontieres d'un autre prince, 
 et de se faire justice a soi-meme.) Tr. des 
 Ass. ch. 12, sect. 36. 
 
 LETTER MISSIVE. In English equity 
 practice. A letter sent by the Lord Chan- 
 cellor to a peer, when a defendant in the 
 Court of Chancery, requesting his appear- 
 ance, together with a copy of the bill.* 
 3 M Com. 445. 
 
 In civil law practice. Letters sent on 
 an appeal from the judge a quo to the 
 judge ad quern; otherwise called letters 
 dimissory, and apostles, (qq. v.) Sallifax, 
 Anal. b. 3, c. 11, num. 34. 
 
 LETTERS PATENT. [L. Lat. literce 
 patentes ; L. Fr. lettres overtes, open let- 
 ters.] The modern form of royal grants in 
 England ; called patent, that is open, because 
 they are not sealed up, but exposed to open 
 view, with the great seal pendant at the 
 bottom, and are usually directed or ad- 
 dressed by the king to all his subjects at 
 large ; differing in this respect from letters 
 close, which are directed to particular per- 
 sons, and for particular purposes, and are ■ 
 therefore closed up and sealed on the out- 
 side.* 2 Bl. Com. 346. See Hubhack's 
 Evid. of Succession,, 616, et seq. 
 
 This form of grant has been substantially 
 adopted in the United States, where it is 
 commonly termed a patent. 1 N. Y. Rev. 
 St. [198,] 184. See Patent. 
 
 LETTERS OF REQUEST. In Eng- 
 lish ecclesiastical law. The mode of com- 
 mencing an original suit in the Court of 
 Arches, instead of proceeding in the first 
 instance in the Consistory Court ; being an 
 instrument or letter by which the judge of 
 the inferior court requests the superior judge 
 to take cognizance of the suit, thereby 
 waiving or remitting his own jurisdiction ; 
 and this authorizes the suit to be instituted 
 in the superior court, which could other- 
 wise only exercise jurisdiction as a court of 
 appeal.* Wharton's Lex. Holthouse. 
 
 LETTERS OF SLANES, (or SLAINS.) 
 In old Scotch law. A kind of bond by 
 which the heii's and relations of a person 
 who had been murdered bound themselves, 
 in consideration of an assythment, or com- 
 position paid to them, to forgive, "pass 
 over and forever forget, and in oblivion 
 inter all rancor, malice, revenge, prejudice 
 grudge and resentment that they have 
 or may conceive against the aggressor or 
 his posterity, for the crime which he- had 
 committed, and discharge him of all action, 
 civil or criminal, against him or his estate, 
 for now and ever." 1 Robertson's Charles 
 V. Appendix, Note xxiii. Bell's Diet. 
 voc. Slains. 
 
LET 
 
 (144) 
 
 LEV 
 
 LETTERS TESTAMENTARY. An 
 instniment granted by a surrogate, or other 
 proper officer, to an executor, after probate 
 of a will, authorizing him to act as execu- 
 tor. 2 m T. JRev. St. [69,] 13, § 1. 
 
 LETTERETJRE, ZeifrMre. L.Fr. Lit- 
 erature; learning. Kelham. 
 
 LETTRE. L. Fr. In old English law. 
 A letter; conveyance or grant, so called 
 from its form. A touts ceux que ceste lettre 
 verrount ou orrount, A. ifeB. salut : Saches 
 moy aver done a P. &c. To all those who 
 shall see or hear this letter, A. of B. greet- 
 ing : Know that I have given to P. &c. 
 Britt. c. 41. 
 
 A writ. Id. c. 120. 
 
 A written authority to an attorney. Id. 
 c. 40. 
 
 LEU. L. Fr. A place; the place. 
 Britt. c. 119. An old form oilieu. 
 
 LEU. L. Fr. [from Her, to read.] 
 Read. Britt. cc. 91, 120. 
 
 LEUCA, Leuga, Lega. L. Lat. In old 
 French law. A league, consisting of fifteen 
 hundred paces. Spelrmm. 
 
 In old English law. A league or mile 
 of a thousand paces. Domegday, Spel- 
 man. Fleta, lib. 2, c. 2, § 2. 
 
 A privileged space around a monastery 
 of a league or mile in circuit. Spelman. 
 
 LEUDIS, Leodis. . L. Lat. [from Sax. 
 leod, people or subject.] In old European 
 law. A vassal ; a liege man or feudal de- 
 pendant, {homo legius seu feudalis ;) a 
 retainer, (cliens ;) a feudal tenant. JSpel- 
 man. 
 
 A crown vassal or baron. Spelman. 
 Lex Burgund. in Add. 1, c. 1, § 14, cited 
 ibid. 
 
 A layman ; a common or illiterate per- 
 son. Spelman. Hence the old English 
 lewd. Id. 
 
 A composition ; a were or were-gild. Id. 
 
 LEVAND^ NAVIS CAUSA. Lat. 
 For the purpose of lightening the ship. 
 Inst. 2. 1. 48. , Levandce navis gratia. 
 Big. 14, 2. 1. 
 
 LEVANT. L. Fr. [from lever, to raise 
 or rise.] Rising up. A term applied to 
 cattle. See Levant et couchant. 
 
 LEVANT ET COUCHANT. L. Fr. 
 Rising up and lying down. A term applied 
 to a stranger's cattle which have been long 
 enough on another's land to have lain down 
 and risen up to feed, which in general is 
 held to be one night, at least ; or rather a 
 night and a day. 3 Chitt. Bl. Com. 9, 
 and note. More properly, couchant et le- 
 
 vant, which is the old form of the phrase. 
 See Couchant. 
 
 LEVANTES ET CUBANTES. L.Lat. 
 Rising np and lying down. A term ap- 
 plied to cattle. 3 Bl. Com. 9. Zevantia 
 et cubantia. Vaugh. 252. See Levant et 
 couchant. Applied by Bracton to villeins 
 who actually lived on their lord's estate, {in 
 villenagio.) Bract, fol. 6 b. 
 
 LEVANUM. L. Lat. In old English 
 law. Leaven. Pro geito vel levano ; for 
 yeast or leaven. Fleta, lib. 2, c. 10. 
 
 LEVAEE. Lat. and L. Lat. In old 
 EngUsh law. To raise or lift up ; to set or 
 put up ; to cast up ; to build or construct ; 
 to levy. Levare domum ; to raise or erect 
 a house. Reg. Orig. 199. Levare fossa- 
 turn ; to throw up a dyke or ditch. Id. 
 ibid. Stat. Westm. 2, c. 46. Levare 
 stagnum ; to make a pool or pond. Reg. 
 Orig. 199. Fleta, lib. 4, c. 1, § 19. Le- 
 vare nocumentum ; to levy a nuisance. 3 
 Bl. Com. 221. 
 
 To levy or raise money, ae a tax. Reg. 
 Orig. 188. Assidere, taxare et levaxe ; to 
 assess, tax and levy. Id. ibid. 
 
 LEVARI FACIAS. L. Lat. (You 
 cause to be levied.) In English practice. 
 A writ of execution, commanding the sheriff 
 to levy or mate of the lands and chattels of 
 the judgment debtor, the sum recovered by 
 the judgment. Reg. Orig. 298\). 2 Tidd's 
 Pr. 1042. 3 Bl. Com. 417. This is now 
 little used, the remedy by elegit being 
 much more efiectual. Id. ibid. SewelVs 
 Sheriff, 201. 
 
 In Pennsylvania, a levari facias is the 
 proper form of process in equity for col- 
 lecting charges upon land. 23 Penn. St. 
 R. 39. 
 
 LEVER. L.Fr. To levy. Britt. c. 21. 
 Leva un fyn ; levied a fine. Yearb. H. 1 
 Edw. II. 
 
 To raise ; to erect ; to build or construct. 
 Britt. c. 54. 
 
 To stir up ; to display. Kelham. 
 
 LEVIR. Lat. [Gr. i««p.] In the Ro- 
 man law. A husband's brother; a wife's 
 brother-in-law. Dig. 38. 10. 4. 6. Calv. 
 Lex. 
 
 LEVIS. Lat. Light; slight; trifling. 
 Levis culpa ; slight fault or neglect. Levis- 
 sima culpa; the slightest neglect. See 
 Culpa. 
 
 Levis Twta ; a slight mark or brand. 1 
 Mackeld. Civ. Law, 135, § 123. 
 
 LEVITICAL DEGREES. Degrees of 
 kindred within which persons are prohibited 
 
LEX 
 
 (145) 
 
 LEX 
 
 to marry. So -called, as being idefined by 
 theLeviticallaw. 1 Bl. Com. 435. Burn's 
 Heel. Law, Marriage, L Vaugh. 206, 302. 
 1 Chitt. Bl. Com. 435, note. -Shelf. Marr. 
 tfci?w. 158— 162. 
 
 To LEVY. {Lat. Zewrc] InoldEngi 
 lish law. ' To raise or lift up ; to cast or 
 throw up ; to set or put up ; to erect or 
 build ; .to make or construct. iTo levy a 
 house or mill, a dyke or pond, and to, levy 
 a nuisance were -common expressions. 3 
 Bl. Com. 221. See Levaire. To levy ^a, 
 tax, had the same -radical sense oi raising. 
 
 In later -law. To carry on certain pro- 
 ceedings at law, especially those peculiar to 
 fines-6f lands ; to^cknowledge a fine. The 
 party -fowyire^ the 'fine was called the cog- 
 nizor, and he to whom it was levied, the 
 oognkee. 2 5Z. Com. .350, ^ 351. The 
 radical idea of raising seems to have been 
 retained even in this application of the 
 term, and Blount mentions his having seen 
 a deed in which a party covenanted " to 
 rere (rear) a fine." 
 
 To LEVY. In practice. To collect by 
 execution. Executions are usually endorsed 
 -with a direction to the sheriff, to " levy " so 
 much money. 
 
 To take or seize in execution ; to apply 
 an execution, to property ; to- subject pro- 
 perty to the operation of an execution. The 
 expression in this sensdis, "to levy on.'" 
 See Levy. 
 
 LEVY. ' In practice. A , taking or 
 seizure of property under execution, by th*- 
 officer to whom the execution is directed 
 a taking of personal property in execution,, 
 as preliminary to a sale; the application of 
 a writ of execution to the property of the 
 party named in the writi * A levy is made" 
 on goods, by taking actual possession of 
 them, or bringing them within the viewand 
 control of the officer, and taking an inven- 
 tory of them. iBurr. Pr. 298. 23 Wen- 
 dell's Ji. 490. 2 mil's {N. Y.) E. 666. 
 A levy is made on real estate, by giving 
 public notice of the sale of it. 1 Burr. 
 Pr. 300. 5 Hill's (N. Y.)B. 228. 
 
 LEX. Lat. [L. Fr. ley^ Law ; a law ; the 
 law. Defined by Bracton, commune prtsc&p- 
 tum, viroi'um ,pr.udentum consultum, delic- 
 torumque quae sponte vel ignorantia contra- 
 huntur coertio, reipublicm sponsio communis; 
 a common precept, [or rule of general obliga- 
 tion,] "the deliberate enactment of learned 
 men ; the means of repressing crimes com- 
 mitted either wilfully or through ignorance ; 
 the common pledge of the commonwealth. 
 
 Vol. IL 10 
 
 Bract, fbl 2. This definition is taken, word 
 for word, from the Digests. Dig. 1. 3. 1. 
 In this sense, the words jus and lex are 
 synonymous. In the maxims which fol- 
 low, 'M for the most part, signifies the 
 common law. 
 
 lex SBqnitate-gaadet. Law delights in 
 equity. Jenk. Gent. 36, case 69. 
 
 lex beneficialis rei eonsimili remedinm 
 
 ptasstat. A beneficial law affords a remedy 
 ina similar case. 2 Inst. 689. 
 
 lex citius tolerare vnlt privatum damnnm, 
 quam pablicnm malum. The law will sooneir 
 tolerate a private loss than a public mik 
 Co. Litt. 152 b. 
 
 lexdeficere non debet in justitia exMbendia., 
 The law ought not to fail in showing-justice. 
 Jetik. Gerit. 4, case 3. Co. Litt liW' b. 
 
 ; lex dilationes semper exhomt. Tha law 
 
 always abhors delays. 2 Inst, 240, 
 
 lex est ab' sterno. Law i& from evwlast- 
 ing. A strong expression! to denote the 
 remote antiqliityiof theDaw. Jmk. Cent. 
 34, case 66. 
 
 lex est dictamen ratioais. Law is the 
 
 dictate of reason. Jenle. Cent. 117, case 33. 
 The common law will judge according t» 
 the law of nature, and the public good. Id, 
 
 lex est nenna recti. Law is a rule of 
 
 right. Branch's Pr. 
 
 lex e&t ratio summa, qu% jubetquse sunt 
 utilia et necessaria, ct contraria proMbet, 
 Law is the perfection of reason, which com- 
 mands what is useful and necessary, and 
 forbids the contrary. Co. Litt. 319 K 
 Id. 97- b. 
 
 lex est sanctio sancta, jubens Iionesta et 
 
 proMbens eontraria, Law is a sacred sanc- 
 tion, commanding what is right and pro- 
 hibiting the contrary. 2 Inst. 587. This 
 is taken from Braoton, (fol. 2,) with a slight 
 alteration. 
 
 lex est tntissima cassis ; sub dypeo legis. 
 nemo decipitur. Law is the safest helmet ;, 
 under the shield of the law no one is de- 
 ceived. 2 Inst. 56. 
 
 lex favct doti. The law favor* dower. 
 Jenk. Cent. 50, case 95. But see the late 
 English Dower Act, 3 and 4 Will. IV. c. 
 105. 
 
 Isx fingit ubi snb&istit jequltas. The law 
 feigns .where equity_ exists. Branch's Prim. 
 
 lex intendit -Ticinuffl vieini facta scire. 
 The law intends [or presumes] that one 
 neighbor knows what another neighbor 
 does. Co. Litt. 78 b. 
 
 lex judicat de rebus necessario faciendis, 
 quasi re ipsa factls. The law judges of 
 
LEX 
 
 (146) 
 
 LEX 
 
 things that must necessarily be done, as if 
 they were in fact done. Branches Princ. 
 
 Lex necessitatis est lex temporis, i. e. in- 
 
 Stantis. The law of necessity is the law 
 of the time, that is, of the instant, or pre- 
 sent moment. Soh. 159. 
 
 Lex neminem cogit ad rana seu inntilia 
 
 peragenda. The law compels no one to do 
 vain or useless things. 5 Co. 21 a. Win- 
 gate's Max. 600, max. 152. Co. Litt. 197 b. 
 See 3 Bl. Crnn. 144. SU'p. Tmich. 172. 
 A sheriff, after a levy once made under an 
 execution, is not required to make a new 
 levy on the same property, upon receiving 
 a subsequent execution. 7 Perm. St. 
 (Barr's) E. 206, 214. 17 Johns. S. 115. 
 
 Lex nemini facit injnriam. The law 
 does injury to no one. Branch's Princ. 
 
 Lex nemini operatnr iniqnnm. The 
 law works injustice to no one. Jenk. Cent. 
 18, case 33. Id. 22, case 41. Jd. 284, 
 ease 14. 
 
 Lex nil faeit frnstra. The law does 
 
 nothing in vain. 1 Ventr. 417. . Jenk. Cent. 
 12, case 19. Id. 17, case 30. Id. 51, 
 case 98. Id. 63, case 19. Id. 182, case 
 70. 
 
 Lex nil frnstra jnbet. The law com- 
 mands nothing vainly. 3 Bulst. 280. 
 
 Lex non cogit ad impossibilia. The law 
 does not compel the doing of impossibili- 
 ties. Hob. 96. 
 
 Lex non deficit in jnstitia exiiibenda. 
 The law does not fail in showing justice. 
 Jenk. Cent. 31, case 61. Id. 27, case 50. 
 'Id. 41, case 78. Applied in illustration of 
 the old practice. Id. ibid. 
 
 Lex non pracipit inntilia, quia inntilis 
 
 labor stultns. The law does not command 
 useless things; for useless labor is folly. 
 6 Co. 89 a, Frosfs case. Co. Litt. 197 b. 
 Lex non intendit aliqnid impossibile. 
 The law does not intend any thing impos- 
 sible. 12 Co. 89 a. For otherwise, the 
 law should not be of any effect. Id. 
 
 Lex non patitnr fiactiones et divisiones 
 
 Statunm. The law does not suffer fractions 
 and divisions of estates. Branch's Princ. 
 1 Co. 87 a. 
 
 Lex non reqnirit Terificari quod apparet 
 
 curia;. The law does not require that to 
 be verified [or proved] which is apparent 
 to the court. 9 Co. 54 b, Baten's case. 
 
 Lex plus kudatur quando ratione probatur. 
 
 The law is the more praised when it is ap- 
 proved by reason. Litt. epilog. A hexa- 
 meter line. 
 
 Lex prospicit, non respicit. The law 
 
 looks forward, not backward. Jenk. Cent. 
 284, case 16. 
 
 lex pnnit mendacium. The law punishes 
 falsehood. Jenk. Cent. 15, case 26. 
 
 Lex rejicit snperflna, [pugnantia.] The 
 
 law rejects superfluous [and contradictory] 
 things. Jenk. Cent. 133, case 72. Id. 
 140, case 86. 
 
 Lex reprobat moram. The law reprobates 
 delay. Jenk. Cent. 35, case 68. 
 
 Lex semper dabit remedinm. The law will 
 always give a remedy. Branch's Princ. 
 
 Lex semper intendit qnod conrenit rationi. 
 
 The law always intends what is agreeable 
 to reason. Co. Litt. 78 b. 
 
 .Lex spectat naturae ordinem. The law 
 
 regards the order of nature. Co. Litt. 
 197 b. 
 
 lex snccnrrit ignoranti. The law assists 
 
 the ignprant. . Jenk. Cent. 15, case 26. 
 
 lex snccnrrit minoribus. The law aids 
 
 minors. Jenk. Cent. 51, case 97. 
 
 Lex uno ore omnes alloquitnr. The law 
 
 addresses all with one [the same] mouth 
 or voice. 2 Inst. 184. 
 
 LEX. Lat. In the Roman law. A 
 rule of action binding a whole community, 
 {commune proBceptum ;) the same with_;M». 
 Calv. Lex. Dig. 1. 3. 1. — A law enacted 
 by a proper authority. Tayl. Civ. Law, 
 146, 147. 
 
 A written law, or statute ;* that kind of 
 law which was enacted or ordained by the 
 whole body of the Roman people, on the 
 proposition or recommendation of a sena- 
 torial magistrate. Inst. 1. 2. 4. This 
 was the proper sense of the word. Tayl. 
 Civ. Law, 146, 148. Otherwise termed 
 populiscitum. Id. 177, 178. 
 
 Positive law, as opposed to natural. 
 Tayl. Civ. Law, 148. 
 
 That system of law which descended 
 from the Twelve Tables, and formed the 
 basis of all the Roman law. Id. ibid. 
 
 The terms of a private covenant; the 
 condition of an obligation. Id. 149. 
 
 A form of words prescribed to be used 
 uppn particular occasions. Id. ibid. 
 
 LEX. L. Lat. In old English law. 
 The Roman civil law. Bracton so distin- 
 guishes it in the following passage : " con- 
 venit lex cum consuetudine Anglica," citing 
 the Digests immediately after. Bract, fol. 
 30 b. 
 
 An oath ; the oath with compurgators, 
 in the proceeding called making law. For- 
 mantur verba legis secundum formam re- 
 cordi ; the words of the oath are framed 
 
LEX 
 
 (147) 
 
 LEX 
 
 according to the form of the record. Bract. 
 fol. 410. Legem vadiare ; to wage law; 
 to give pledge to make law. Legem facere ; 
 to make law ; to make oath with compur- 
 
 fators. Id. fol. 366. Beg. Orig. 116. 
 lex vincit sectam ; the law overcomes the 
 suit ; the defendant's lex (bath with com- 
 purgators) prevails against the plaintiff's 
 secta. Bract, fol. 214 b. See To make 
 law, Wager of law. 
 
 LEX. In the language of the middle 
 ages, — a body or collection of law ; not a 
 code, in the proper sense of that term. 1 
 Mackeld. Civ. Law, 18, § 88. 
 
 LEX ^LIA SENTIA. Lat. In the 
 Roman law. The ^lian Sentian law, re- 
 specting wills, proposed by the consuls 
 ^lius and Sentius, and passed A. U. 756 ; 
 restraining a master from manumitting his 
 slaves in certain cases. Oalv. Lex. Com- 
 plementum, De Legibus Romanis. Halli- 
 fax. Anal. b. 1, c. 3, num. 18. 
 
 LEX AGR ARIA. Lat. In the Roman 
 law. The Agrarian law. A law proposed 
 by Tiberius Gracchus, A. U. 620, that no 
 one should possess more than five hundred 
 acres of land ; and that three commission- 
 ers should be. appointed to divide among 
 the poorer people what any one had above 
 that extent. LAv. JEpit. 58. Plut. in 
 Qracch. 837. There were several laws 
 termed agrarim. 
 
 LEX ALAMANNORUM, (or ALE- 
 MANNORUM.) The law of the Alamanni ; 
 first reduced to writing from the customs 
 of the country, by Theodoric, king of the 
 Franks, A. D. 512. Amended and re- 
 enacted by Clotaire II. Spelman. Butl. 
 Hor. Jur. 84. 
 
 LEX ANGLIC. The law of England. 
 One of the names of the common law. 
 
 Lex Anglice est lex misericordice. The 
 law of England is a law of mercy. 2 Inst. 
 315. 
 
 Lex Anglice nonpatitur ahsurdum. The 
 law of England does not suffer an absur- 
 dity. 9 Co. 22 a, Case of Avowry. 
 
 Lex Anglice nunquam matris, sed semper 
 patris conditionem imiiari partum judicat. 
 The law of England adjudges that the off- 
 spring shall never follow the condition of 
 the mother, but always that of the father. 
 Fortescue de L. L. Anglice, c. 42. Co. Litt. 
 123 a. This is in opposition to the rule of 
 
 the civil law, Partns sequitur ventrem, 
 
 Lex Anglice nunquam sine parliamento 
 mutari" potest. The law of England can 
 
 never be changed without parliament. 2 
 Inst. 218. 
 
 LEX ANGLIJE, or LEX AN6LI- 
 CANA. The law or curtesy of England. 
 Bract, fol. 22, 31. Fleta, lib. 6, c. 55, § 4. 
 See Curtesy. 
 
 LEX APPAREN8. L. Lat. In old 
 EngUfeh and Norman law. Apparent or 
 manifest law. A term used to denote the 
 trial by battel or duel, and the trial by 
 ordeal, lex having the sense of process of 
 law, {processus litis.) Spelmxm. Called 
 apparent, because the plaintiff was obliged 
 to make his right clear by the testimony 
 of witnesses, before he could obtain an 
 order from the court to summon the de- 
 fendant. Id. See Lex mani/esta. 
 
 LEX AQUILIA. In the Roman law. 
 The Aquilian law ; a celebrated law passed 
 on the proposition of the tribune C. Aquilus 
 Gallus, A. U. 672, regulating the compen- 
 sation to be made for that kind of damage 
 called injurious, [de damni injurid, data,) 
 in the cases of killing or wounding the 
 slave or beast of another. Inst. 4. 3. 
 Dig. 9. 2. Cod. 3. 35. Calv. Lex. Com- 
 plementum, De Legibus Romanis. Halli- 
 fax. Anal. b. 2, c. 24. 1 Kames' Equity, 
 60, 61. 
 
 LEX ATILIA. In the Roman law. 
 The Atilian law ; a law passed on the pro- 
 position of the tribune L. Atilius Regulus, 
 A. U. 443, respecting guardianships, {de 
 tutelis,) authorizing the prastor, with a ma- 
 jority of the tribunes, to assign guardians 
 to persons, where none had been appointed. • 
 Inst. 1. 20. This law fell into disuse, and 
 was changed by Justinian. Id. 1. 20. 3, 4. 
 Heinecc, Elem, Jur. Civ. lib. 1, tit. 19, 
 §241. 
 
 LEX ATINIA. In the Roman law. 
 The Atinian law ; a law declaring that the 
 property in things stolen should not be 
 acquired by prescription, {usucapione.) 
 Inst. 2. 6. 2. Adam's Rom. Ant. 207. 
 
 LEX BAIUVARIORIJM, (BAIORIO- 
 RUM, or BOIORUM.) The law of the 
 Bavarians, a barbarous nation of Europe, 
 first collected (together with the law of the 
 Franks and Alemanni) by Theodoric I. 
 and finally completed and promulgated by 
 Dagobert. Spelman. 
 
 LEX BARBARA. The Barbarian law. 
 A term applied to the law of those nations 
 that were not in subjection to the Roman 
 empire, such as the Burgundian and Salian 
 law, the law of the Lombards, &c. Spel- 
 
LEX 
 
 (148 ) 
 
 LEX 
 
 LEXBREHONIA. L. Lat. The Bre- 
 con law of Ireland. See Brehon law. 
 
 LEX BRETOYSE. The law of the 
 Britons or marches of Wales. See Bretoyse. 
 
 LEX BURGTJNDIONUM. L. Lat. 
 The law of the Burgundians, a harbarous 
 nation of Europe, first compiled and pub- 
 lished by Gundebald, one of the last of 
 their Mngs, about A. D. 500. Spelman. 
 Esprit des Loix, liv.' 27,' c. 1. Butl. Sor. 
 Mr. 84. 
 
 LEX COMITATIJS. L. Lat. In 0I4 
 English law. The law of the county, or 
 the law administered in the county court, 
 before the earl, (cbniei^ or his deputy, 
 {vice comes.) LL. Edw. Conf. c. 12. 
 Spelman. 
 
 LEX COMMUNIS. L. Lat. The 
 common law. Spelman. ' See Jus com- 
 Tjfi/ijine 
 
 LEX COMMlSSORIA. Lat. In the 
 Roman law. A law by which a debtor 
 and creditor might agree, (where a thing 
 had been piledged to the latter to seciire 
 the debt,) that if the debtor did not pay 
 at the day, the pledge should become the 
 absolute property of the creditor. 2 
 Kenfs Com. 583. This was abolished by 
 a law of Constantine. Id. ibid. Cod. 8. 
 35. 3. 
 
 A law, according to which, a seller 
 might stipulate that if the price of the 
 thing sold Were not paid, within a certain 
 time, the sale should be void. Big. 18. 3. 
 
 LEX CORNELIA BE INJURIIS. 
 In the Roman law. The Cornelian law 
 respecting injuries. A law passed by the 
 dictator L. Corneliiis SyHa,' providing re- 
 medies for certain injuries • as for battery, 
 forcible entry of another's house," &c. 
 Calv. Lex. Complementum, De Legihus 
 Romariis. IIallifax,.Anal. h. 2, c. 25, 
 num. 11. 
 
 LEX CORNELIA DE FALSO, (or 
 FALSIS.) Lat. In the Roman law. The 
 Cornelian law respecting forgery or coun- 
 terfeiting. Passed by the dictator Sylla. 
 Dig. 4:8. 10. Calv. Lex. Com-plem. 
 
 LEX CORNELIA 1)E SICARIIS ET 
 VENEFICIS. Lat. In the Roman law. 
 The Cornelian law respecting assassins and 
 poisoners. Passed by the dictator Sylla. 
 Dig. 48. 8. Calv. Lex. Complem. 
 
 LEX ET CONSUETUDO PARLIA- 
 MENTI. L. Lat. The law and custom of 
 parliament. The peculiar law of the 
 English or British Parliament, the whole 
 of which, according to Sir W. Blackstone, 
 
 has its original from this one maxim, " that 
 whatever matter arises concerning either 
 house of parliament, ought to be examined, 
 discussed and adjudged in that house to 
 which it relates^ and'not elsfewhere." 1 Bl. 
 Com. 163. 4 Inst. 15. It -was of this 
 law that Lord Coke observed, that it was 
 ab omhibus qucererida, a'rnultis ignorata, a 
 pd-ucis cognita, (to be examined by all ; un- 
 known to many; known by few.) Co. 
 Litt. 1 1 b. CmbVs Eist. '263. 
 
 LEX ET CONSUETUDO REGNL 
 Lat. The law and custom of 'the realm. 
 One of the names of the common law. 
 Salens Sist. Com.' Law, 62. 
 
 LEX DANORUM. L. Lat. The law 
 of the Dane's ; Dane-law,^ or Dane-lage. 
 Spelman. See Daneldge. 
 
 LEXDERAISINA. L.Lat. A branch 
 of Norman Ikw defined in the Constumier, 
 (c. 126,) to be a law establishedin Nor- 
 mandy, by' which' a pirty sued declares 
 that "he did not do the act with which he 
 is charged by the adverse party. Spelman. 
 
 LEX DOMICILIL Lat. The kw of 
 the domicil. 2 Kent's Com. 112, 433. 
 
 LEX PALCIDIA. Lat. In Roman 
 law. The' Falcidian law ; "a law passed on 
 the motion of the tribune P. Falcidius, A. 
 U. 713, forbidding a testator to give more 
 in legacies than three-fourths of all his 
 estate, or, in other words, requiring him to 
 leave at least one fourth to the heir. Inst. 
 2. 22. Dig. 85. 2. Heinecc Elem. Jur. 
 Civ. lib. 2, tit. 22. 
 
 LEX FORL Lat The law of the /o- 
 rum or court ; the law of the place or state 
 where a remedy is sought,' or action insti- 
 tuted, Story's Confi. Laws, § 330. Story 
 on Bills, § 160. Usually contrasted ■with 
 lex loci^ the law of the place where a eon- 
 tract is made. "Remedies upori contracts 
 and their incidents are regulated and pur- 
 sued according to the law of the place 
 where the action is instituted, and the lex 
 loci has no application." 2 Kents Com. 
 462. " The remedies are to be governed 
 by the laws of the country where the suit 
 is brought ; or, as it is compendiously ex- 
 pressed;' by the lex fori." Story, J. 8 Pe- 
 ters' iJ. 361, 372. "So far as the law af- 
 fects the remedy, the lex fori, the law of 
 the place where that remedy is sought, 
 must govern. But so far as the law of the 
 construction, the legal operation and efiect 
 of the contract is concerned, it is governed 
 by the law of the place where the contract 
 is made." Shaw, C. J. 4 Mitcalfs B. 
 
LEX 
 
 (149). 
 
 LEX 
 
 594, 59'7. 6 Florida B, 555. See Lex 
 loci contractus. 
 
 ■ LEX FRANCORUM. L. Lat, The 
 law of the Franks ; promulgated by Theo- 
 dorio L son of Clovis I. at the, same time 
 with the. law of the Alemaaiii, and Bavari- 
 ans. Spelman. This was a different col-, 
 lection from the Salic law,, 
 
 LEX FRISION,IJM,: L. Lat.. The.law, 
 of tlie Frisians, promulgated about th^. 
 middle of the eighth; century. Esprit des. 
 Loix, liv. 28, c. 1. Spelman. 
 
 LEX FURIA (orFmiA,^ -CAOTNIA. 
 Lat, luRpmanlaw. The Furian (or Fu- 
 sian) Caninian law; a law passed, in the 
 consulship of P. Fusius.Camillus and,C. 
 Caninius , G-allus,, A. TJ. T62, prohibiljing 
 masters, from manmnitting by will more^ 
 than a, certain, number or proportion of 
 their slaves. This law was abrogated by 
 Justinian, Inst. 1.1. Cod,1iZ, Heinepc. 
 Mem, Jur. Civ. lib. 1, tit.: 1-. 
 
 LEXGOTHICA, L.Lat. The .Gothic 
 law, or l^,w of the Goths. First promul- 
 gated in writing, A, D.. 466. Spelman. 
 Sfi&,Lex Wisiffothorum, 
 
 LEX HPSTILIA, Lat. In , the Ro- 
 man law. The Hpstilianla^.; a.law passed 
 in the consulship of , A. Hostilius, and A. 
 Atilius, authorizing actions of theft to he 
 brought in the names. of captives, or per- 
 sons abseijt upon the business of the state. 
 Inst, i, iPj pr, Qaly. Lex, Qonipl. Be 
 Leg, Romanis. 
 
 LEX IMPERATORIA. Lat. The Im- 
 perial or Rom£in law. Quoted under this 
 name, by Fleta, lib. 1, c. 38, 1 15. Id. 
 lib. 3, c. 10, § 3. 
 
 LEX JULIA MAJESTATIS. Lat, In 
 the Roman, law,. The Julian law of majes- 
 ty ; a. law promulgated by Julius Cassar, 
 and again published, with additions, by 
 Augustus, comprehending all the laws, be- 
 fore enacted to punish transgresspi;s, against, 
 the state, Hallifax, AnaL b. 3, ci, 12, iium. 
 17. Oalv. Lex. Complementum, i?e iie(jrt- 
 6ms Somanis. See Majestas. 
 
 LEX LOGI CONTRACTUS, generally 
 a,bbreviated; to, LEX LOCL Lat, The 
 la'vv of, the place o.f > a contract ; the, law of 
 the place wher^a contract is made, or is.to 
 be, performed, "The lex loci contraetiJis 
 controls the nature, construction and va^ 
 lidity of the contract." 2 Kjiufs Com. 
 454, Story's Oonfi, Laws, §§ 241, 263, 
 et passim. Story, J. 8, Peters] B. 361, 
 372. "■ The general, rule is well settled^ 
 that the law of the place where the con- 
 
 tract is made, and not where the action is 
 brought, is, to govern in expounding and 
 enforcing the contract, unless the parties 
 have a view to its being executed , else- 
 where ; in which case, it is to be governed 
 according to the law of the place where it 
 is to be executed." . Thompson, J. 6 Peters' 
 ^,-172, 203. " The lex loci acts upon the 
 right; the .?ea! /on on the reinedy." 2 
 K^ntsComAQ'i. Se^JInited States Digest, 
 Lex loci. 
 
 LEX LOCI REI SIT.^. L.Lat. The 
 law of the place where a thing is situated. 
 " It is equally settled in the law of all civil- 
 ized countries,, that real property, as to its 
 tenure, mode of enjoyment, transfer and 
 descent, is to be regulated by the lex' loci 
 rei sitce." 2 Kent's Com. 429, 430. 
 
 LEX LONGOBARDORTJM. L. Lat. 
 The law of the Lombards. Acode of laws 
 first framed by Botharis, about A. D. 620. 
 Spelman. S^id to bestillin force in some 
 cities of, Italy. Butler's Hor. Jur. 85. 
 Thp Lombards were of Saxon origin, which, 
 according to Spelman, accounts for the anal- 
 ogies subsisting between their laws and the 
 old laws of England. These laws are referred 
 to in the Books of Feuds. Lib. 2, tit. 1. 
 
 LEX MANIFESTA. L. Lat. Mani- 
 fest or open law; the trial by duel or or- 
 deal. Nullus halivus de ccetero ponat ali- 
 quem ad. legem manifestam, vel [w«c] ad 
 juramenium, simplici loqueld su&, sine testi- 
 hus fidelibus ad hoc inductis. No bailiff 
 shall henceforth put any man to his open 
 law, npr to an oath, upon his own b3.re say- 
 ing, without competent witnesses brought 
 in for that purpose. Magna Charta, 9 
 Hen. III. c, 28. The same with lex appa- 
 rens, (q. v.) In King' John's charter, (c. 
 38,) and the Articles of that charter, (c. 28,) 
 the word manifestam is omitted. 
 
 LEX MERCATORIA. L. Lat. The law- 
 merchant; the law or custom of merchants. 
 A body of ; rules and usages by w;hich the 
 affairs of commerce are regulated ; not pe- 
 culiar to any one nation, but common in 
 most respects to all.* 1 Bl. Com. 75, 
 273.— The general body of European usages 
 in matters relative to commerce. 1 Steph. 
 Qqm. 54. li was introduced into England 
 in the time of the Anglo-Saxons. 1, Spence's 
 Chancery, 247, See 1 W. Bl. 238. Fleta 
 speaks of ihe. cmsuetudo mercatorum (cus- 
 toni of, merchants) as being secundum legem 
 mercatoriam, (in, accordance with the law- 
 nierch^nt,) Fleta, lib, 2, c. 68, § 5, See 
 Custom of merchants. 
 
LEX 
 
 (150) 
 
 LEX 
 
 LEX NON SCKIPTA. Lat. Law not 
 written ; unwritten law ; a law originating 
 in custom, and having its force from long 
 and immemorial usage.* The term is 
 applied to the common law of England, not 
 in the literal sense of an unwritten or oral 
 law, but in that of a law not derived from 
 express legislative enactment. 1 Bl. Com. 
 63, 64, 67. Statutes made before the be- 
 ginning of the reign of Kichard L are ac- 
 counted part of the Ux rum scripta. Hale's 
 Hist. Com. Law, 1, 2, 21. See Leges nan 
 scripice. 
 
 LEX PAPIA POPP^A. Lat. In 
 the Roman law. The Papian Poppsean 
 law ; a law proposed by the consuls Papius 
 and Poppseus, at the desire of Augustus, 
 A. TJ. 762, enlarging the Lex Prcetoria, 
 (q. V.) Inst. 3. 8. 2. Hallifax, Anal. b. 
 2, c. 10, num. 4. 
 
 LEX PE^TORIA. Lat. In the Ro- 
 man law. The Praetorian law. A law by 
 which every freedman who made a will 
 was commanded to leave a moiety to his 
 patron. Inst. 3. 8. 1. 
 
 Lord Chief Baron Gilbert has applied 
 this term to the rules that govern in a court 
 of equity. Gilberts Chancery, vol. or 
 part 2. 
 
 LEX REGIA. Lat. In Roman law. 
 The royal law. The law by which the 
 legislative power was transferred (or claimed 
 to be transferred) by the Roman people to 
 the emperor ; and according to which, the 
 will or pleasure of the emperor was de- 
 clared to have the force of law. Inst. 1. 
 2. 6. Big. 1. 4. 1, pr. Whether such a 
 law was ever actually passed, has been 
 doubted. 1 Kents Com. 544, note. The 
 subject is discussed at length by Selden, in 
 his Dissertatio ad Fletam, c. 3, sect. 2, 3, 
 4. And see Taylor's Civil Law, 236. 
 
 LEX RHODIA. Lat. The Rhodian 
 law, particularly the fragment of it on the 
 subject of jettison, (dejactu,) preserved in 
 the Pandects. Dig. 14. 2. 1. 3 Ji^ent's 
 Com. 232, 233. 
 
 LEX SALICA. L. Lat. The Salic, 
 Salique, or Salian law ; the law of the Sa- 
 lians or Salian Franks, a people of Germany 
 who, under their king Pharamond, settled 
 in Gaul in the fifth century. It is the old- 
 est of the barbarian codes, being said to 
 have been framed about A. J). 422, by four 
 chiefs or nobles chosen, for the purpose, 
 whose names have been preserved as Vio- 
 gast, Bosogast, Salagast, and Vindigast. 
 Spelman. Esprit des Loix, liv. 28, c. 1. 
 
 Butler's Hor. Jur. 83. The most cele- 
 brated provision of this law is the one 
 excluding females from succession to inheri- 
 tances. See Terra Salica. According to 
 Spelman, many provisions of the laws of 
 Henry I. of England- were taken from this 
 source. 
 
 LEX SCRIPTA. Lat. Written law; 
 law deriving its force, not from usage, but 
 from express legislative enactment ; statute 
 law. 1 Bl. Com. 62, 85. HaWs Hist. 
 Com. Law, 1, 2. So called because origi- 
 nally reduced into writing before it is 
 enacted or receives any binding power. 
 Id. 2, 21. 
 
 The Roman law. I'eud. Lib. 2, tit. 1. 
 
 LEX TALIONIS. Lat. The law of 
 retaliation ; a law which punished an injury 
 by a similar injury, an eye for an eye, &c. 
 See Talio. 
 
 LEX TERR^. L. Lat. In old Eng- 
 lish law. The law of the land ; due pro- 
 cess of law. Bract, iol.12'7. JVullus liber 
 homo capiatur vel imprisonatur, dut dis- 
 seisietur de libera teneniento sua, vel liberta- 
 tibus, vel liberis consvetudinibus suis, aut 
 utlagetur, aut exuletur, aut aliquo modo 
 destruatur, — nisi per legale judicium, pa- 
 rium suorum, vel per legem terrae. No free- 
 man shall be taken or imprisoned, or dis- 
 seised of his freehold, or of his liberties or 
 free customs, or be outlawed, or exiled, 
 or in any manner destroyed, unless it be 
 by the lawful judgment of his peers, [the 
 verdict of his equals, or men of his own 
 condition,] or by the law of the land, [by 
 the due course and process of law.] Magna 
 Charta, c. 29. 2 Inst. 46. 
 
 Every lawful process and proceeding, in 
 contradistinction to the mode of trial by 
 jury. 1 Beeves' Hist. 249. 2 Id. 442, note. 
 
 In a stricter sense, trial by the ancient 
 modes long known to the law of the land, 
 as by the lex manifesta, the juramentum, 
 duellum, or whatever it might be. 1 Reeves' 
 Hist. 249. 
 
 In the strictest sense, trial by oath ; the 
 privilege of making oath. Bracton uses 
 the phrase to denote a freeman's privilege 
 of being sworn in court as a juror or wit- 
 ness, which jurors convicted of perjury for- 
 feited, {legem terrce amittant.) Bract, fol. 
 292 b. 
 
 In a general sense, the general or com- 
 mon law of the land. Bract, fol. 17 b. 
 The common law, or course of the common 
 law. Hale's Hist. Com. Law, 52. See 
 Law of the land. 
 
LEY 
 
 (151) 
 
 LIB 
 
 LEX WALLENSICA. L. Lat. The 
 Welsh law ; the law of Wales. Blount. 
 
 LEX WISIGOTHORUM. L.Lat. The 
 law of the Visigoths, or Western Goths 
 who settled in Spain; first reduced to 
 writing, A. D. 466, They were made by 
 Euric, amended by Leovigildus, and con- 
 firmed by Chindaswindus and Kecaswindus. 
 A revision of these laws was made by Egigas. 
 Spelman. Esprit des Loix, lib. 28, c. 1. 
 See Schmidts Civil Law, Introd. 24, 25. 
 
 LEY, Lay, Lee, Leie, Ly. L. Fr. [from 
 Lat. te.] Law. ^n'«. foL.l. Id. a. 100, 
 103. General rule de ley est. Id. c. 121. 
 Ceo n^est ley ; this is not law. Yearh. M. 
 20 Hen. VL 16. Ceo serra merveillous 
 ley ; this would be strange law. Id. T. 20 
 Hen. VL 4. Si ce' cas soit ley <f Nemton 
 ad mis, done rt'est question de la ley en nos- 
 tre cas ; if this case be law, which New- 
 ton has put, then there is no question of 
 the law in our case. Id. ibid. Clere ley ; 
 clear or undoubted law. Kielw. 51, 75, 
 198 b. H fuit ley avant c' g' W fuim^ 
 nes, q', &c. ; it was law before we were 
 born, that, &c. Id. M. 8 Edw. IIL 35. 
 Le ley de Dieu et le ley de terre sont tout 
 un; the law of God and the law of the 
 land are all one. Keilw. 191. 
 
 La ley roet plus toft suffer un mischeife 
 que un inconvenience. The law will sooner 
 suffer a mischief than an inconvenience. 
 Litt. sect. 231. It is holden for an incon- 
 venience that any of the maxims of the 
 law should be broken, though a private 
 man suffer loss. Co. Litt. 152 b. 
 
 le ley favour' la vie d'un home. The law 
 favours the life of a man. Yearh. M. 10 
 Hen. VL 51. 
 
 Le ley favour I'enlieritance d'un home. 
 The law favours the inheritance of a man. 
 Id. ibid. ' 
 
 LEY. L. Fr. In old English law. Law, 
 in the technical sense of an oath, or the 
 oath with compurgators. Et si il tende sa 
 ley au pleyntyfe, et il la refuse ; and if he 
 tender his law to the plaintiff, and he re- 
 fuse it. Britt. c. 27. Et si il la receyve, 
 si soit jour done al defendaunt que ilveigne 
 a un autre jour, a parfaire sa ley ove la 
 dosyme meyn ; and if he receive it, a day 
 shall be given to the defendant,' that he 
 come at another day, to perfect his law 
 with the twelve-hand. Id. ibid. See Id. 
 51. Prist a faire sa ley ; ready to make 
 his law. Yearh. T. 5 Edw. IIL 4. La 
 leyneffistpas ; the law does not lie. Id.M. 
 1 Hen. VI. pi. 3. See M. 3 Hen. VL 16. 
 
 LEY CIVILE. L. Fr. In old English 
 law. The civil or Roman law. Yearb. H. 
 8 Edw. III. 42. Otherwise termed ley 
 escripte, the written law. Id. 10 Edw. 
 IIL 24. 
 
 LEY GAGER. L. Fr. In old English 
 law. Law-wager ; wager of law ; the giv- 
 ing of gage or security by a defendant, 
 that he would make or perfect his law 
 {parfaire sa ley,) at a certain day. Litt. 
 sect. 514. Co. Litt. 294 b, 295 a. See 
 Ley. 
 
 LEY. Span. [Yrom leyenda, reading.] 
 In Spanish law. Law ; a written declara- 
 tion which contains precepts, and decrees 
 punishments, in order to restrain men from 
 doing evil, and to teach them to do good. 
 It is, moreover, called law, because all its 
 commands should be loyal {leaks) and 
 equitable, conformably to justice and the 
 will of God. Las Partidas, part. 1, tit. 1, 
 1.4. 
 
 LEYES DE ESTILO. Span. In 'Span- 
 ish law. A collection of laws, usually 
 published as an appendix to the Fuero 
 Real ; treating of the mode of conducting 
 suits, prosecuting them to judgment and 
 entering appeals. Schmidts Civ. Law, 
 Introd. 74. 
 
 LEZ. L. Fr. Laws, {leges.) Kelham. 
 
 Those, them, {les.) Id. The. Id. 
 
 Nigh, near. Id. 
 
 LI. L. Fr. The; him; his. Kelham. 
 
 LIBEL, [from Lat. libellus, dimin. of 
 liber, a booki] Literally, a little book, or 
 writing. See Libellus. 
 
 A species of pleading in the ecclesiasti- 
 cal and admiralty courts. See infra. 
 
 A defamatory publication. See infra. 
 
 LIBEL. In admiralty practice. The 
 first pleading in a suit, containing a state- 
 ment of the case upon which the complain- 
 ing party (hence termed the libellant,) 
 founds his right- to recover, closing with a 
 prayer for the proper relief.* Benedicts 
 Adm. Pr. 208. 2 Browne's Civ. & Adm. 
 Law, 357, 413, (Am. ed. 1840.) 
 
 LIBEL. In the practice of the ecclesi- 
 astical courts. The first pleading in a cause, 
 containing a statement of the complainant's 
 ground of complaint, and con-esponding 
 with a declaration at common law, and a 
 bill in equity.* 3 Bl. Com. 100. Malli- 
 fax. Anal. b. 3, c. 11, num. 7. 1 Browne's 
 Civ. & Adm. Law, 461, 472, (Am. ed. 
 1840.) 
 
 LIBEL. [Lat. libellus famosus.] Writ- 
 ten defamation. Cooke's Law of Befama- 
 
LIB 
 
 (152) 
 
 LIB 
 
 tion, 1. — Defamation by wting, printing, 
 pictures or other signs; a defamatory pub- 
 lication ; a publication affecting character.* 
 — Any malicious defaination expressed 
 either in printing, writing, pictures or eflS- 
 gies. 1 Ohitt. Cren. Pr. 43. — Any act, 
 other than spoketi words, which sets a per- 
 son in an ddioiis of ridiculous" light; and 
 thereby diminishes his reputation.* 3' Bl. 
 Com,. 126. — A censorious or ridiculing 
 writing, picture or sigii, made with a mis- 
 chievous or malicious intent towards gov- 
 ernment, magistrate's or individuals. Ham- 
 ilton arg. in The People v. Crosw^ll, 3 
 Johns. Cas: 3541 The last definition was 
 adopted' by the Supreme Court of New- 
 York, in the case of Steele v. Sbuthwict; 
 9 Johns. JR. 214, 216, and recently ap- 
 proved by the same court; 1 lienio's R. 
 347. See 4 Mass. B. IfiS: 2 PitJe. R 
 111, 113. United S talis DigesV, Libel. 
 Lord Chancellor Lyndhurst lately remarked 
 that he had never yet seen, nor been able 
 himself to hit upon any iJiing like a defini- 
 tion of libel, which possessed the requisites 
 of a good logical definition ; and that he 
 could liot help thinking that the difficulty 
 was not accidental, but essentially inherent 
 in the nature of the subject matter. See 
 CooMs Law of Defdnmti&k, 482, Appen- 
 dix, No. IL 
 
 *^* The precise meaning of the word 
 Irhel has been the subject of considerable 
 discussion in the books;- founded for the 
 fliost part on the meaning cMmed for the 
 Latin word Ubellus, (literally, a little book,) 
 from which it is unquestionably derived. 
 In the case Of Eex v. Curl, (2 Stra. 789, 
 the pleadings then being in Latin,)- it was 
 argued for the defendant that the word 
 lihellug'vfas so called from its being sboo^, 
 Sad riot from the matter of its contents ; 
 and the Chief Justice (Raymond) observed, 
 " I do not think Ubillits is always to be 
 taken as a, technical word. Would not 
 trover lie dequodam libello intituldf (of a 
 certain book, or little book, entitled) the 
 New Testament?" Reynolds, J. in the 
 same case said, " a Rbel does not, ex viter- 
 tnim, import defamation, but is to be gov- 
 erned by the epithet which is added to it." 
 Fortescue, J. however, was of opinion that 
 libel was a technical word at the common 
 law, and in this the court aippear to have 
 finally agreed. The misapprehension which 
 has existed on this point seems to have 
 grown out of the idea that libel was merely 
 the English form of the Lat. Ubellus, (q. v.) 
 
 which, ' taken by itself, certainly radically 
 imports a little- book. But libellusr, in the 
 sense of an injurious publication, was never 
 used in the Roman law without the epithet 
 faniosus^ in which indeed the whole force 
 of the term rested, — -famoaui libellus sigr 
 nifyingarfe/BMofcry publication, apublica- 
 tion affeetirig character, (/oEm/di) See Dig^ 
 47i 10,2?e ihjuriis et famosis' libelUs; Cod-. 
 9. 36, J)e famosisliiellis. The term and 
 its epithet were both transferred to the 
 common law, and rendered in English, 
 scandalous libel, infamvas libel, &e. See 
 5 Co. 125 a. Be libellis fambsisi, At some 
 period, however, not very distinctly markeid, 
 the- epithet began to be .dropped, and the 
 word libel has, by a sort of jvidieial' license. 
 Or professional usage, come down to modern 
 times as itripbrting in itself, and withdut 
 epithet, a defarnatory publication ; and this 
 has become the settled popularmeaBitig of 
 the term. Perhaps, however, the proper 
 view is to regard the epithet {defamatory) 
 as still wnder'stdod, and omitted only by 
 way of abbreviation. Indeed,: in pleading, 
 it has generally been expressed, and in the 
 late English Libel Act, 6 & 7 Vict. & 96, 
 the expresision " defeinatory libel" is con- 
 stantly, though not invariably, used. See 
 Cooke's Iiaw of Befatnaiibti, 467, Appen- 
 dix, No; I. And see Id. 462, Appendix, 
 No. n. containing a report of the evidence 
 of Lord Chancellor Lyndhurst before a 
 committee of the House of Lords, in which 
 the etymology of V^d is placed in a clear 
 light. 
 
 To LIBEL. In admiralty practice. To 
 proceed' against,-, by filing a libel ; to seize 
 under admiralty process, at the commence- 
 ment of a suit. Applied most; commonly 
 to the seizure' of vessels; 
 
 LIBELLANT. In admiralty practice. 
 One who libels;" one who proceeds by 
 libel; or files a libel ; the complaining, ^arty 
 in an aditniralty- suit. 
 
 LIBELLUS. Lat. [dimiri. of Itbex;, a 
 book;] In the Roman law. Literally a 
 little book, as a memorandum or account 
 book, ^ibiWiig memorialis, vel. rafiotialis\.y 
 Adatiis Itom. Ant. 559. 
 
 A writing divided iato pages, {.paginae-^ 
 and folded in the form 6i a little book' ; 
 particularly a letter or message feom the 
 eniperbr to the senate ; an application or 
 request made to the emperor. Id. ibid. 
 Julius CsBSar, in his letters' to the senate, 
 introduced the custoni of di'viding them 
 in'to pages, arid folding theiri up like aisma II 
 
LIB 
 
 (153) 
 
 LIB 
 
 book ; -whereas, formerly, consuls and gen- 
 erals, when they wrote to the senate, uised 
 to continue the line quite across the sheet, 
 (transversA chartA,) without any distinction 
 of pages, and roll them up in a volume; 
 Suet. Cms. 56. Hence the use of lihellus 
 in the last sense. 
 
 A writing containing a complaint or 
 claim: against a person.. Answering to a 
 modem bill in equity. Big. 2i 13. 1. Cod. 
 2. 2. 4. 
 
 A writing containing a. formal aefeusation 
 or complaint against a person, Qibelliis 
 aecumtorius;) Digi 4t%. 5. \1 . 1. ■ Id. 48. 
 5. 29. 8. 
 
 A written- application or petition to the 
 emperor, (libelhcsi sti^Ux.) Dig^ IflJ 2. 
 19.. 9. Tayl. . Civ. ilmsf 230. 
 
 An appeal, in^ writing, ftom the sentence 
 of a judge,, {libellusi a^dlatorius^- Big, 
 49. 1. 1. 4: 
 
 LIBELLU8.. Lati In ciyil and. old 
 English law.. A libel ;, a claim, in. writing, 
 of what is due: to one. Galv. Lex. — The 
 plaintiff's claim, in an action;, a bill of comr 
 plaint.* — A writing containing the, name 
 of the plaintiff and the defendant, the sub- 
 ject which is demanded, and! the ground of 
 the demami. OdLv. Lex. Otherwise termed 
 libellus conveniionis, (libel of convention 
 or suit.) Inst. 4v 6. 24. Braeton seems 
 to have borrowed the latter phrase- in. the 
 following passage: Nemo sine aciione ex- 
 peritwr, et hoc non sine breve' sive' libello 
 conventionali ; n-o man tries his right [no 
 man can get his claim legally determined] 
 without action, and this casnnot be without 
 a writ or libel of suit,, [bill.] Bract., fol, 
 112. The term libellus eonventkmalis may 
 here not improperly be. rendered hill ; the 
 two-fold procedure of the ancient practice, 
 — "by writ" and "by biU,!' — being thus 
 clearly' indicated. 
 
 LIBELLUS. Lat. In feudal law. An 
 instrument of alienation or conveyance^ as 
 of a fief, (feudum,) or a part of it; Mud. 
 Lib. 1, tit. 13. Id. Lib. 2, tit; 44, 
 
 LIBELLUS. FAM0SU8. Lat.. In, the 
 civil law. A defamatory pubEeatiton; a 
 publication injuriously affecting character; 
 a libel. Inst. 4., 4. 1. ' Mg^ i1.. 10; 
 Cod. 9, 36, 
 
 This term was introduced, into; the law 
 of England' as early as the time of Brae- 
 ton,. and is used by Lord Coke in the title 
 of one of the cases in his reports. Bract 
 fol. 105, 5 G<h 125. In the civil law, 
 the epithet famosus is aJmost uniformly [ 
 
 coupled with lihellus. Sometimes the ex- 
 pression ia libellus ad infamiam. Inst. 
 4. 4. 1. 
 
 LIBER. Lat. A boot ; a collection of 
 law. See infra. 
 
 A distinct part or principal division: of a 
 work; The InstituteSj Code and Digests 
 are divided into libri, (booksj) which are 
 again divided into iiiuti, (titlesi) 
 
 LIBER. Lat. In theRomao lawt A 
 book; Librorum a^pellutione' contimntur 
 omnia volumina, sive- in chwta, sive in mentr 
 brana' sint, sive in qumiis alia materia; 
 under the application of 6ooAs are includ- 
 ed all volumes) whether written on paper> 
 or on parchment, or onany other material. 
 Big. 32. 52, pn et per tot.. 
 
 LIBER ASSISARUM. L. Lat- The 
 Book of Assises.- A collection; of cases 
 that") arose on assises and-other triakin the 
 country. It was the fourth volume pf the 
 reports of the reign! of Edward IIL. 3 
 Reeivei Hist. 148; It is^ the fifth parti of 
 the pnblished series of the Year Books.- 
 
 LIBER. EEUDORUM; L.. Lat, The 
 Book of Feuds or Mefs; , CrabVs-Kist. 'Hh, 
 Properly,: Libri Fteudorum. ; the collection 
 conristing. of two.' booksi See, Eeudorum 
 Librii, 
 
 LIBER JiUMCIALIS. L. Lat. Jadgr 
 ment book, or' Dome book 1 Bl., Com. 
 64. See Borne; hook. . 
 
 LIBER NIGER. Lat. Black book; 
 A name given to severaL ancient; records. 
 See Black book. 
 
 LIBER NIGER SGAGCARIL L. Lat. 
 The Black. Book of the Exchequer,, attrir 
 buted to Gervase of Tilbury. 1:, Beeve^: 
 Sistt 22.0, note; 
 
 LIBER RUBER SCACCARIL L, 
 Lat, The Red Book of the Exchequer. 
 1 Beeves' Mist. 220, note. See Bed 
 hook. 
 
 LIBER. Lat. In old English laws. 
 Free., See infra^ 
 
 A freeman. .Mete,, lib. 4,. c, 11 „ §. 2=3:. 
 
 Exempt from the power or jurisdietion 
 of another;, exempt fronu a genemlicharge 
 or burden;, exempt from a servitudis or 
 service. Fleta, lib. 4,, c. 18, §, 1. 
 
 Exclusive of a- common right ;. piajiil^ed. 
 See m/Ki, 
 
 LIBER BANCTJS. L. Lat. In old 
 En^ish lam.. Fieej beneh. Bmwt. &L 
 97 b.„ 
 
 LIBER HOMO; Lat. In tiia eir.il 
 law. A freemasi. Onmes homines ami 
 liberi sant aut servi ; all men are eithet 
 
LIB 
 
 (154) 
 
 LIB 
 
 free or slaves. Inst. 1. 3, pr. See Fleta, lib. 
 1, c. 1, § 2. Liber homo hon& fide ser- 
 viens ; a freeman serving in good faith. 
 Diff. 41. 1. 19. 
 
 In old English law. A freeman. Om- 
 nis homo aut est liber aut est servus ; 
 every man is either free or a slave. Bract. 
 fol. 4 b. Omnis. homo aut est omnino 
 liber, aut omnino servus, nee hahetur me- 
 dium ; every man is either wholly free, or 
 wholly a slave, nor is there a medium, 
 Fleia, lib. 4, c. 11, § 22. The term liher 
 homo, however, did not import freedom in 
 the modern sense, for a man might be 
 another's freeman, as well as another's 
 slave. Poterit guis esse servus unius, et 
 liber homo alterius. Bract, fol. 25. 
 Magna Charta distinguishes the liber 
 homo from the mercator, (merchant,) and 
 the villanus, (villein.) Mag. Cart. 9 Hen. 
 m. c. 14. 
 
 In old European law. An allodial pro- 
 prietor, as distinguished from a vassal or 
 feudatory. This was the sense of the 
 term in the laws of the barbarous nations 
 of Europe. 1 Rob. Charles V. 111. 
 
 LIBER ET LEGALI8 HOMO. L. Lat. 
 In old English law. A free and lawful 
 man. A term applied to a juror, from the 
 earliest period. Bract, fol. 14 b, 179 b. 
 Fleta, lib. 4, c.. 5, § 4. Id. lib. 6, c. 25, 
 § 4. Co. lAtt. 165 a. Z Bl. Com. 340, 
 362. 
 
 LIBERA. Lat. [fem. of liber.'\ Free. 
 See infra. 
 
 LIBERA BATELLA. L. Lat. In old 
 records. A free boat ; the right of having 
 a boat to fish in a certain water'; a spe- 
 cies of free fishery. Plac. in Itin. apud 
 Cestriam, 14 Hen. VII. 
 
 LIBERI CHASEA, (or CHACIA.) 
 L. Lat. In old English law. A free 
 chase. Beg. Jud. 37. Fleta, lib. 2, c. 
 41, § 51. 
 
 LIBERA ELEEMOSYNA. L.Lat. In 
 old English law. Free alms ; frant-almoign. 
 Bract, fol. 27 b. 
 
 LIBERA FALDA. L. Lat. In old 
 English law. Frank fold ; free fold ; free 
 foldage. 1 Leon. 11. 
 
 LIBERA LEX. L. Lat. In old Eng- 
 lish law. Frank law ; free law ; otherwise 
 called lex terrce, (q. v.) Called libera, ac- 
 cording to Lord Coke, to distinguish men 
 who enjoy it, and whose best and freest 
 birthright it is, from them that by their 
 offences have lost it. Co. Lift. 94 b. 
 Amittere liberam legem, (q. v. ;) to lose 
 
 one's frank-law. 3 Bl. Com. 340. 4 Id. 
 136. Crabb's Hist. 318, 319. Co. Litt. 
 294 b. Fleta, lib. 4, c. 8, § 2. 
 
 LIBERA PISCARIA. L. Lat. In old 
 English law. A free fishery. Co. lAtt. 
 122 a. See Free fishery. 
 
 LIBERA WARRENA. L. Lat. In 
 old English law. Free warren, (q. v.) 
 
 LIBERARE. Lat. In the civil law. 
 To free or set free ; to liberate ; to give 
 one his liberty. Calv. Lex. 
 
 In old English law. To deliver, trans- 
 fer, or "hand over. Applied to writs, panels 
 of jurors, &c. Bract, fol. 116, 176 b. 
 Stat. Westm. 2, c. 39. 
 
 Liberata pecunia non liberat offerentem. 
 Delivered or tendered money does not re- 
 lease the party offering. Co. Litt. 207 a. 
 The word, in this passage, has both its 
 classical and its technical sense. 
 
 LIBERATE. L. Lat. In old EngUsh 
 practice. An original writ issuing out of 
 chancery to the treasurer, chamberlains 
 and barons of the exchequer, for the pay- 
 ment of any annual pension, or other sum. 
 Reg. Grig. 193. Cowell. 
 
 A writ issued to a sheriff, for the deli- 
 very of any lands or goods taken upon 
 forfeits of recognizance. 4 Co. 64 b, Ful- 
 wood's case. 
 
 A writ issued to a gaoler, for the deli- 
 very of a prisoner that had put in bail for 
 his appearance. Cowell. 
 
 LIBERATIO. Lat. In the civil law. 
 Acquittance or discharge ; payment, {solur 
 tio.) Liberationis verbum candem vim 
 habet quam solutionis. Dig. 50. 16. 47. 
 A release. Id. 4:6.3. Cod. 8. 43. 
 
 LIBERATIO. L. Lat. In old English 
 law. Livery ; money paid for the delivery 
 or use of a thing. If^isi reddat liberatio- 
 nem antiquitus statutam ; unless he pay 
 the livery ordained of old. Magna Charta, 
 9 Hen. IIL c. 21. 
 
 In old Scotch law. Livery ; a fee given 
 to a servant or ofBcer. Leg. Male, Mach- 
 enneth, c. 4. Skene de Verb. Sign. 
 
 LIBERE. Lat. Freely. A formal 
 word in old conveyances. Bract, fol. 35. 
 Tenere libere ; to hold freely. These words, 
 in a gift of land to a villein, had the effect 
 of making him a freeman. Id. fol. 24 b. 
 Fleta, lib. 3, c. 13, § 1. 
 
 LIBERL Lat. In Saxon law. Free- 
 men ; the possessors of allodial lands. 1 
 Reeved Hist. Eng. Law, 5. 
 
 LIBERL Lat. In the civil law. Chil- 
 dren. The term included grandchildren 
 
LIB 
 
 (155) 
 
 LIB 
 
 and their descendants, 
 pr. Inst. 1. 14. 5. 
 
 Dig. 50. 60. 220, 
 
 LIBERI HOMINES. Lat. In civil 
 and old English law. Freemen. Omnes 
 homines aut liberi sunt, aut servi. Inst. 
 1. 3, pr. See Liber homo. 
 
 Owners of land. So translated in Wright 
 on Tenures, 66, and note. 
 
 LIBERTAS. Lat. In civil and old 
 English law. Liberty; freedom. Liber- 
 tas est naturalis faeultas yus quod cuique 
 facere libet, nisi si quid vi aut jure prohib- 
 etur ; liberty is the natural power of doing 
 whatever one pleases, except what is pro- 
 hibited by force or law. I)ig. 1. 5. 4, pr. 
 This defiiition was taken from the ninth 
 book of the Institutes of Florentinus, and 
 was adopted in the Institutes of Justinian, 
 without change, except that some copies 
 have quod, instead of si quid. Inst. 1. 3. 1. 
 Bracton has adopted the definition of the 
 civil law, with a slight modification, thus : 
 Est autem libertas naturalis faeultas ejus 
 quod cuique facere libet, [quod voluerit,^ 
 nisi quod dejure vel vi prohibetur. Bract. 
 fol. 46 b. Fleta has followed Bracton 
 nearly verbatim, omitting the words quod 
 voluerit, which appear to be interpolated. 
 Fleta, lib. 1, c. 2. Lord Coke copies 
 Fleta. Co. Zitt. 116 b. See Civil lib- 
 erty. 
 
 liiertas inestimabilis res est. Liberty is 
 an inestimable thing ; a thing above price. 
 Dig. 50. 17. 106. Fleta, lib. 2,.c. 51, § 13. 
 
 libertas non recipit BEstimationem. Free- 
 dom does not admit of valuation. Bract. 
 fol. 14. 
 
 libertas omnibus rebus favorabilior est. 
 Liberty is more favored than all things, 
 [any thing.] Dig. 50. 17. 122. 
 
 ftnoties dubia interpretatio libertatis est, 
 secundum libertatem respondendum est. 
 Whenever the interpretation of liberty is 
 a matter of doubt, the answer must be in 
 favor of liberty. Dig. 50. 17. 20. 
 
 In obscnra rolnntate manumittentis, 
 favendum est libertati. Where the will of 
 a person manumitting is obscure, we should 
 lean to the side of liberty. Dig. 50. 
 17. 179. 
 
 LIBERTAS. L. Lat. In old English 
 law. A liberty ; a privilege ; an exemp- 
 tion ; a franchise. Bract, fol. 55 b, 56. 
 Fleta, Wo,. 2, c. 67, § 13. See Liberty, 
 
 LIBERTATES. Lat. Liberties. This 
 word in Magna Charta signifies, according 
 to Lord Coke, 
 
 1. The laws of the realm. 
 
 2. The freedom that the subjects of 
 England have. 
 
 3. The franchises and privileges which 
 the subjects have of the gift of the king. 
 Mag. Chart, c. 29. 2 Inst. 47. 
 
 LIBERTINUS. Lat. In the civil law. 
 A freed-man; one who was manumitted 
 from lawful servitude. Dig. 1. 5. 6. 
 Inst. 1. 5, pr. See Tayl. Civ. Law, 429, 
 430. 
 
 LIBERTUS. Lat. In the civil law. 
 A freed-man. Inst. 3. 8. Used indiffer- 
 ently with libertinus, (q. v.) See Tayl. 
 Civ. Law, 429, 430. 
 
 LIBERTY. See Civil liberty. 
 
 LIBERTY. [Lat. libertas; L. Fr. 
 fraunchise.l In English law. A privilege 
 held by royal grant or prescription, whereby 
 men enjoy some benefit or fevor beyond 
 the ordinary subject. Cowell. A fran- 
 chise, (q. V.) 2 Bl. Com. 37. Such were 
 the old liberties of Soke and Sake, Toll and 
 Them, Infangthefe and Outfangthefe, &c. 
 Bract, fol. 56. Bracton describes them as 
 privileges, which, though properly belong- 
 ing to the crown, yet could be separated 
 from the crown, and transferred to private 
 persons by the special favor of the sove- 
 reign. Id. fol. 55 b. 
 
 A privilege allowed to be exercised over 
 another man's estate. " A man's right of 
 dominion over his own estate is never 
 called a liberty." Lord Ellenborough, 10 
 Fast, 189. 
 
 A place or district within which certain 
 exclusive privileges may be exercised ; a 
 place of exclusive jurisdiction.* 2 Bl. 
 Com. 37, 38. See 2 Mod. 48, 49. 
 
 LIBERUM. Lat. Free. See infra. 
 
 LIBERUM CORPUS. Lat. A free 
 body ; the body or life of a freeman. li- 
 berum corpus nullam recipit sestimationem. 
 Dig. 9. 3. 7. Otherwise, libcrum corpus 
 
 ffistimationem non recipit. The body of a 
 
 freeman does not admit of valuation ; the 
 life of a freeman is above all valuation. 3 
 Kenfs Com. 365. 
 
 LIBERUM MARITAGIUM. L. Lat. 
 In old English law. Frank-marriage. Bract. 
 fol. 21. See Frank-marriage. 
 
 LIBERUM SERVITIUM. L. Lat. In 
 old English and feudal law. Free service ; 
 that is, certain service. Per liberum servi- 
 tium unius denarii per annum ; by the free 
 service of one penny yearly. Beg. Orig. 
 1. A villein might hold by this kind of 
 service, without its conferring freedom. 
 
LIB 
 
 (156) 
 
 Lie 
 
 Bract, fol. 24 b. Mekt, lib. 3,- c. 13, § 1. 
 See Free services. 
 
 LIBERUM SOCAGIUM. L. Lab In 
 old English' law; Freesocag& Bract.iol. 
 207. 3 ^Z. Com. 61, 62. S&^ Free, socage. 
 
 LIBERUM TENEMENTUM, L.Lat. 
 In old English law. Freehold; free or 
 frank. tenement; afree holdipg;; an. estate 
 heldJiy a. freeman.*' BrmUiok 18,26^ 31, 
 45. 2 ^.i. Coot. 104. 4; Zw^'*,, Cow. 23. 
 An estate in fee, for life, or other indetermi- 
 nate periodi.. BiacU fol. 207, 234. So 
 caiJed. in con,tradistincUon,.to vilismiffiwrif 
 (villeinage.) Id.Jbi4i. 
 
 In pleading. A pleajofifteehold. A 
 plea by the defendamfciitan afttio.n, of . tres- 
 pass to. real.propfiity, that theMfSis ituiguo 
 is his L freehold,' otitHaJ; of a third person, 
 under -rchom he acted« 1 , Tidd^Pr^ 6i4fc 
 Sm Stiph. I'l. 315,- iCHtk-FkMS-i I 
 Greenl. on Mvidi § 626.-. 
 
 LIBRA. Lat. [Sa3r.„ja<«£?«¥| . In_ old 
 English \ssf. A. pounds Spfkmn,. V^, 
 ginti denurii/ac' unci(iini.etdupd^ivi.UjftQicE 
 facivmiAilomm: mffrnd solid' im pmderei.et 
 numero; twenty pennies. iQai;e aa onuee, 
 aaid. twelve ounces.maJi* a pound in weight 
 and in number. Fiita^ lib. 2, c..l:2, § 1; 
 See. Founds 
 
 LIBRA ARSA. L. Lat, Iji old.Eng- 
 lishlaw. Apound burned ; thatis, melted, 
 or assayed; by melting, to test- its purity. 
 ZibrcB arsoR. etpensa,t<B ; pounds ,bumed:and 
 weighed. . A,freiqLuent expression iniDomesr 
 day, to denote the purer coia in,^ which 
 rents were paidi Spelmm, Cawelh 
 
 LIBRA NUMERATA. L., Lat. In 
 old English lawi. A, pound- coiinted ; that 
 is, paid or reckonednby tale, {adinmMrMm^ 
 insteadiof being wjeighedi Spdvmn^ 
 
 LIBRA BENSA, (or PEKSAXA.); L. 
 Lat. InoldJBuglishJaw. Apound^weigbed,' 
 or tried by ■vKeighb., iSpdrntn, See X/ikm 
 arsa. 
 
 LIBRARIUS. Lat. In the Bomm 
 law. A writer or amanuensis ; a copyisti 
 Big. 50,. ]j7; 92. See Oalvi Lex, 
 
 LIBRATA. L. Lat. [fcoasi Zitoj a 
 pound.] In. old. English law. A quantity 
 of landjieHing- a pound rent per annum '; 
 a pound-land,* BraEtAoLlQ. Meg, Orig., 
 1 b, 94, FUta, lib. 5, o. 5,. 41. Camll, 
 vooi Fardingdeai. 
 
 LIBREPBlfS. Lat. In th& Roman law- 
 A weigher, or balance-holder. Theperson 
 who, held, a brazen balance in the ceremony 
 of emancipation per cm. et Uhram. Inst. 2. 
 LO. 1. Ackmi's Bom. Ant. 52. 
 
 LL. LO. An abbreviation of licentia l(h 
 quendi, formerly used in. practice to signify 
 an imparlance.. Towns. PI. 159; 
 
 LICENSE. [Lat. licentia.'] Permission; 
 authority; MarghaUj C. J. 9 Whea,tm's 
 i2. 213. A grant of permission; apower 
 or authority given to . another to do some 
 lawful act. WharimU- Lex, As to carry 
 on certain trades j to. practice a profession ; 
 and, in England,' to marry, without publica- 
 tion of bauns.i. 1 Bl.\Com.AS9, %Stejah,^ 
 Cb??*,. 286; 
 
 Aft authority to dp a; particular jacty or 
 series of acts, upon another's landf without 
 pps^es§ipgi any estate .. tb^rein, 3 Kent's 
 Goma 4S2. Distinguished froman easer 
 menV Id- ihidr 
 
 LICENTIA,, Lafc, [from Kcer«,. to be 
 lawful.], lacepsg;: liberty; permi^on. 
 See .ivfra. 
 
 LIGENHA GONCORDANDL It.Lat; 
 In old praeticeand conveyancing; License 
 or leave to agree; one of the proceedings 
 oa;levyingaSne of lands., 2 Bl. Cora. 350, 
 See J?i!«c of lands. 
 
 LICENTIA LOQJJENDL L. La^. In 
 old practice. Leave tp: speal% [i. e. /roth 
 the plaintiff;] an, imparlance; or- rather 
 leave to imparl; 3 Bl. Com. 299. See 
 Ifaparlance. 
 
 LICENTIA SURGENDL L.Lat; In 
 old English . practice. License to arise ; 
 pemiission givfin^ by the court.tp a tenant 
 in, aireal: action who had cast an essoin de 
 mafe lecti, to arise out of his beA; -s^bich he 
 could.not,do without such pesrniis^ipn, and 
 after being viewed by four inights appoint? 
 edfprtlie, purposg. -Bract fol. 3^i ' Id. 
 363—359, Meta, lib, 6, c. 1 1 , 1 1* , 
 
 The name : of th^ writ, issued; in, such 
 cases. Beg,^ Orig^ Sb, 
 
 LICENTIA TRANSFEETANl>Ii L, 
 Lati,, In old English law. Leave tp cross 
 tiie sea; permission to cross the Strait of 
 Jioii&T, {trartsire fretum^ Reg, Or^^r, 193 b, 
 See Be licentia transfretimdi, 
 
 LICERE, Lat. Tl^o he.iawfulj to be 
 allowed or permitted by law. Oalv. Lex, 
 
 LIOERE, LIGERL Lat. In the Ro- 
 man law. To offer a price for a thing ; to 
 bid for it. The buyer or bidder asked, 
 '' Qtmnti, licet?" (for howmuchipa^ I have 
 it?) Atdtft'ils R<m. Ant. 251, 
 
 LI<OET, Lat, It if>,lawful,; it is allowa- 
 ble ; it is permitted. Nott omne quod licet 
 lumestUIB est. [It is] not every thing tiat 
 is lawful, [thab] is becoming. Big, 50. 17. 
 
 144. Non debet, cui pins licet, quod vaxsm 
 
Lie 
 
 (157) 
 
 LIE 
 
 est, non llbeie. It ought iiot [to be]: that 
 he who is allowed to do the greater, shall 
 not be aUo'wed to do the less. IdJ5Q. 
 17.21. 
 
 LICET. Eat. Althdiigh. Held to import 
 a direct afflnnatii&n. Dyer, 113b. Plewd. 
 122 a, 125 a, 127 a. Z Leon. ft7, case 99. 
 
 Liiet dispsitio de ittteregse futnro sit inu- 
 tilis, tameu "potest fieri deelaraMopreBcedens 
 quec sortiatoreffectum, iiiterTeniente novo 
 
 &Ctn. Although' a gpaiat ofa future in- 
 terest be inoperative, yet a declaration pre- 
 cedent may be made;' Which may take effect 
 provided a new -act -intervene. BacOA's 
 Max. 60, 61, reg. 14. 
 
 LICET SiaiPIUS REQUISlTtJS. L. 
 Lat. (Although often requested.) In 
 pleading. A phrase used in the old Latin 
 forms of dedlarations, and literally trans- 
 lated in the modern precedents. Yelv. 66. 
 2 Chitt. PI. 90. 1 Id. S31. The clause 
 in a declaration, wMch contains the general 
 avernient of a request by the plaintiff of the 
 defendant to pay the sums claimed, is still 
 called the ?«;«< sospiMS rej'Mmtes. Id. See 
 5 Ohio Sub. 81. 
 
 LICITARE. Lat. [frequent, oi'lieere, 
 q. v.] In the Roman law. To offer a 
 price at a sale; to bid; to bid often; t6 
 make several bids, one above another. 
 Cdlv. Lex. 
 
 LICITATION. [Lat. licUatio, from lid- 
 tare, q. v.'] In the civil law. An offering 
 for sale to the highest bidder, or to him 
 who will give -most for a thing. An act 
 by which co-heirs or othfer co-proprietors 
 of a thing in common and undivided be- 
 tween them, put it to bid between them, to 
 be adjudged and to belong to the highest 
 and last bidder, upon condition that he pay 
 to each of his co^pr&prietors a pa;rt in the 
 price equal to the undivided part which 
 each of the said co-proprietors had in the 
 estate licited, before- the adjudication. 
 Pothier, Contr. of Sale, fium. 516, 638. 
 
 LICITATOE. " Lati [from liciiare,q.\.] 
 In the Roman law. A bidder at a Me. 
 See Licere. 
 
 LICITUM. Lat. [from licere, to be law- 
 falj ■ Lawful ; permitted by law. 
 
 licita kne miscentur, formula nisi juris 
 Obsteti Lawful acts [done by several au- 
 thorities] are well mingled, [i. e. become 
 united or consolidated into one good act,]: 
 unless some f6rm of law forbid. Bacon's 
 Max. 94,- reg. 24. "The-law giveth that 
 favor to lawful acts, that although they be 
 executed by several authorities, yet the 
 
 whole act is good. As if tenant forlife, 
 the Temairiderin fee, be, and'ithey join in 
 ■granting'a rent, -that ia one solid reut out of 
 both their estates, and no double rent, or 
 rent by confirmation." Id. ibid. 
 
 -Lord Bacon's exposition of this maxim 
 sufficiently explains itsmeaning; but its 
 very elliptical form has sometimes kdto 
 mis-translation. Se&Branch's Pnnc. Whar- 
 tmUs Lex. 
 
 To LIE. [L. Lat. joicer^, q. v.] In 
 practice. To be applicable ; to be proper 
 to be used. An action is said to lie in a 
 case in which it may -properly be brought. 
 3:Steph: Gam. 460. 
 
 To LIE IN. To be capable of; to be 
 the subject or subject matter of. Corpo- 
 real hereditaments must at common law 
 pass by force of the livery of seisin, or 
 actual delivery of possession; and iare hence 
 said to lie in,- livery. Incorporeal heredita- 
 ments, not being capable of livery, pass by 
 the mere delivery of the. deed of conyey- 
 anee, or grant, and are hence said to lie in 
 grant. 2 Bl. Com. 317. 1 Steph. Oom. 
 474. 2 MlUard's Heal Prop. 297. 
 
 To consist in. Rent,' which is yielded or 
 pa/id as a thing due, is said to lie in render ; 
 common, which the -party entitled to is to 
 take for himself, is said to lie in prender. 
 2 Steph. Oom. 23. See Bender, Prender. 
 
 To LIE TO. [L. Lat. adjacere.] Toad- 
 join. A cottage' must have had four acres 
 of 'fend laid to it. ■ See 2 Show. 279 
 
 LIEFTENANT. An old form of lieu- 
 tenant, and still retained as the vulgar pro- 
 nunciation of the ' word. The form is im- 
 portant-as showing the easy convertibility 
 of the letter u into /, which has been no- 
 ticed in Other places. See Fief, Fee. 
 
 LIEGE. [L. Ft. lieffe, Uge ; L. Lat. 
 ligius, from Lat. tigare, to bind; ItaL%a, 
 a bond.] In feudal ■ and English law. 
 Bound ; bound in fealty to a lord ; bound 
 to that exalted kind of fealty which was 
 without any saving of the rights of other 
 lards, and hence called ligeance or allegi- 
 ance; bound to serve the king as lord 
 paramount. The feudatory or subject thus 
 bound was called liege man, and the supe- 
 rior (who was considered as reciprocally 
 bound to the duty of protection,) fe^e iorrf, 
 though the simple word liege was also 
 commonly applied to both. See Liaius 
 and infra. ' 
 
 A liege-lord ; the king as sovereign lord 
 See supra. « My liege " was the ulual ex- 
 l>ression in addressing the sovereign. 
 
LIE 
 
 (158) 
 
 LIF 
 
 A liege-man. See supra. The " king's 
 lieges" are Bis subjects. This term is still 
 used in Scotch law. 1 BrowtHs R. 508. 
 Arhhy's R. 440. Anciently, private persons 
 had their lieges. Blount. 
 
 LIEGE. [L. Fr. lige ; L. Lat. ligius.'] 
 In old records. FuU; absolute; perfect; 
 pure. Liege widowhood was pure widow- 
 hood. Paroch. Ant. 190. Cowell. 
 
 In Scotch law. Lawful. Bee Liege poustie. 
 
 LIEGE HOMAGE. In feudal law. 
 That kind of homage which is due to the 
 sovereign alone, as supreme lord. 1 Bl. 
 Com. 367. See Homagium ligium. 
 
 LIEGE LOKD. A sovereign lord ; the 
 sovereign. Spelman, yoc. Ligantia. 
 
 LIEGE MAN. A subject, {subditus.) 
 Spelman, voc. lAganiia. 
 
 LIEGE POUSTIE. In Scotch law. 
 Lawful power; a state of health which 
 gives a person lawful power of disposition 
 by will. BelFs Diet. A liege poustie con- 
 veyance is a deed executed when the 
 grantor is in health, and capable of giving 
 his heritage to whom he pleases. It is 
 used in this sense in contradistinction to a 
 death-bed deed. Id. voc. Approbate and 
 reprobate. The term appears to be a cor- 
 ruption or accommodation of ligia potestas, 
 (q. V.) 
 
 LIEN. L. Fr. [from Her, liger, to tie.] 
 In old English law. A bond or tie. Hom- 
 age est un lien de droit dount home est lie 
 et tenus ; homage is a bond of right 
 whereby a man is bound and holden. 
 Britt. c. 68. Obligacion est un lien de 
 droit, dount ascun est lie, &c. ; obligation 
 is a bond of right whereby one is bound, 
 &c. Id. c. 28. 
 
 LIEN. . [L. Fr. lien, see supra.] A right 
 to. possess and retain property, until some 
 charge attaching to it is paid or discharg- 
 ed. 1 Story's Eq. Jur. § 506. See 2 Steph. 
 Com. 132. — ^A right in one man to_ retain 
 that which is in his possession belonging 
 to another, until certain demands of him, 
 the person in possession, are satisfied. 
 Story on Agency, § 352, citing Grose, J. 
 5 Hast's R.^2^1, 235. 2 Story's R. 144. 
 A lien is not in strictness either a, jus in re, 
 or a jus ad rem ; that is, it is not a pro- 
 perty in the thing itself, nor does it consti- 
 tute a right of action for the thing. It 
 more properly constitutes a charge upon 
 the thing. Story, J. 2 Story's R. 145. 
 1 Story's Eq. Jur. § 506. See Cross on 
 Lien, 2. United States Digest, Lien. 
 
 In maritime law, liens exist indepen- 
 
 dently of possession, either actual or con- 
 structive. Grier, J. 7 Howard's R. 618. 
 
 LIER, Lyer. L. Fr. [from Lat. ligare, 
 to tie, or bind.] To bind. Lie ; bound. 
 Britt. c. 28, 68. A ceo lies ; bound thereto. 
 Art. sup. Chart, c. 11. Le Roy est lie par 
 son serment a f aire ses liges droit ; the king 
 is bound by his oath to do his lieges jus- 
 tice. Tearb. H. 8 Hen. VI. 6. 
 
 LIER. L. Fr. [from Lat. legere.'] To read. 
 A Her ; to be read. Art. sup. Chart, c. 1. 
 Lee ; read. Tearb. M. 4 Edw. III. 5. 
 
 LIEU, Leu, Liu, Lyu. L. Fr. [from Lat. 
 locus.] A place. Britt. c. 27. 
 
 LIEU CONUS. L. Fr. In old plead- 
 ing. A known place ; a place well known 
 and generally taken notice of by those who 
 dwell about it, as a castle, a manor, &c. 
 Whishaw. 1 Ld. Raym. 259. " A liberty 
 is in the nature of a lieu eonus." North, 
 G. J. 2 Mod. 48. 
 
 LIEUTENANT, LIEU TENANT. L. 
 Fr. One holding the place of another ; a 
 representative, . deputy or substitute. Et 
 que le mareschal de nostre hostel tiegne 
 nostre lieu dedans la verge, &c. ; and that 
 the marshal of our household hold our 
 place within the verge, &c. Britt. fol. 1 b. 
 See Locum tenens. 
 
 LIFE ANNUITY. An annual income, 
 the payments of which depend on the con- 
 tinuance of any given life or lives. Whar- 
 ton's Lex. See 3 Kent's Com. 460. Ellis 
 on Fire and Life Insurance. 
 
 LIFE ASSURANCE, (or INSUR- 
 ANCE.) A species of insurance, by which 
 the insurer, in consideration of a sum in 
 gross, or of periodical payments, under- 
 takes to pay a certain sum, or an annuity, 
 depending upon the death of a person whose 
 life is insured. 3 Kent's Com. 365. See 
 Angellon Fire and Life Ins. c. 12, § 274. 
 See Insurance, Life policy. 
 
 LIFE POLICY. A policy which usually 
 engages, that in consideration of a period- 
 ical payment of premium, the company 
 will pay, on the death of some individual, 
 or on his death within a limited period, 
 (as the case may be,) a certain sum of 
 money therein specified ; that is, will pay 
 it to the party effecting an insurance, (sup- 
 posing it to be effected by a stranger hav- 
 ing an interest in the life insured,) or to" 
 the executors or administrators of the 
 party whose life is insured, supposing him 
 to effect it for his own benefit. 2 Steph. 
 Com. 1 80, 1 81. See Ang. on Fire and lAfe 
 Ins. c. 12, § 284. 
 
LIG 
 
 (159) 
 
 LIM 
 
 LIFE ESTATE. An estate held for the 
 life of the party holding it, or of some 
 other person; a freehold estate, not of 
 inheritance.* 4 Kenfs Com. 23, 25. See 
 Estate for life. 
 
 LIFE-RENT. In Scotch law. An estate 
 for life. Bell's, Diet. Terce (dower) and 
 curtesy are called legal life-rents. Id. ibid. 
 1 Forbes' Inst, part 2, p. 144, 145. 
 
 LIFE-RENTER. In Scotch law. A 
 tenant for life. A person entitled to use 
 and enjoy a subject during life, without 
 destroying or wasting its substance. BelPs 
 Did. 
 
 LIGA. L. Lat. In old European law. 
 A league or confederation, {foedus, confce- 
 deratio.) Spelman. 
 
 LIGAMEN. . Lat. [from ligare, to tie.] 
 In old English law. A bond or tie. Dis- 
 solvi, eo ligamine quo ligatum est ; to be 
 dissolved by the same tie with which [in 
 the same manner in which] it was bound. 
 Bract, fol. 78 b. 
 
 LIGAN. [from ligare, to tie.] In old 
 English law. Goods sunk in the sea, but 
 tied to a cork or buoy, in order to be found 
 again. 5 Co. 106. 1 Bl. Com. 292. 
 JacobserCs Sea Laws, 541. 
 
 Spelman writes this word logon, and de- 
 rives it from the Sax. liggan, to lie, signi- 
 fying that which lies on or near the shore. 
 Lagan, (q. v.) is used in Bracton. 
 
 LIGARE. Lat. To tie, or bind. Bract. 
 fol. 369 b. 
 
 To enter into a league or treaty, {inire 
 f(xdus.) Spelman. 
 
 LIGEA. L. Lat. In old English law. 
 A liege-woman ; a female subject. Reg. 
 Grig. 312 b. 
 
 LIGEANCE, Ligeancy. [from L. Lat. 
 ligantia, ligiantia.'] In old English law. 
 The bond of fidelity between the subject 
 and sovereign, {vinculum arciius inter sub- 
 ditum et regem, utrosque invicem connec- 
 tens.) Spelman. — The duty of obedience 
 and fidelity which g, subject owes to his 
 sovereign.* Cowell. Blount. — The true 
 and faithful obedience of a liegeman or 
 subject to his liege lord or sovereign. Co. 
 Litt. 129 a. The old form of allegiance. 
 
 The dommions or territory of the king. 
 Stat. 25 Edw. III. st. 2. An alien is a 
 subject that is bom out of the ligeance of 
 the king, and under the ligeance of another. 
 7 Co. 16 a, Calvin's case. 
 
 LIGIANTIA, Ligeantia. L. Lat. [from 
 ligare, to bind.] In old English, Norman 
 
 and Scotch law. Ligeance or allegiance. 
 Glanv. lib. 1, c. 10. Reg. Maj. lib. 2, c. 
 44. Skene de Verb. Sign. Grand Cous- 
 tum. Norm. c. 43. Spelman. 
 
 LIGHT. [Lat. femm.] A right to have 
 the access of the sun's rays to one's win- 
 dows, free from any obstruction by the oc- 
 cupier of the adjoining land. 2 Steph: Com. 
 13. 3 JTent's Com. 448. 2 Hilliard's 
 RealProp. 81. Q&eAncient lights, Lumen. 
 
 LIGITJS. L. Lat. [from ligare, to bind.] 
 In old English and European law. Bound ; 
 bound to fidelity, fealty or obedience; 
 liege; allege; a subject. Spelman. 
 
 Lawful ; perfect. Ligia potestas ; law- 
 ful power, fuU capacity in law, absolute 
 power of disposal. Fleta, lib. 6, c. 33, § 3. 
 Cowell, voc. Liege. Ligia viduitas ; pure 
 widowhood. Id. Fleta, lib. 5, c. 87, § 5. 
 Britt. c. 110. 
 
 LIGNAGIUM. L. Lat. [from lignum, 
 wood.] In old English law. A right to 
 cut fuel in woods. WMshaw. 
 
 LIGNE. L. Fr. Line. La ligne collat- 
 eral, ' et non pas la ligne droicte. Grand 
 Coust. de Norm. ch. 25, gloss. Blackst. 
 L. Tr. 25. 
 
 Sex. Britt. c. 119. Kelham. 
 
 LIGNUM. Lat. [Gr. fa™.] In the 
 civil law. Wood; fire-wood; any thing 
 prepared for burning, [quicquid comburen- 
 di causA paratum est}) Big. 32. 55, pr. 
 It was distinguished from materia, mate- 
 rial for building ; timber. Id. ibid. See 
 Id. per tot. for the construction of the 
 word. 
 
 In old English law. Dead woodj or 
 wood cut, as distinguished from arbor. See 
 Arbor. 
 
 LIGIJLA. L. Lat. In old English law . 
 A copy, exemplification or transcript of a 
 court-roll or deed. Cowell. 
 
 LIMENARCHA. Graco-Lat. In the 
 Roman law. An ofiicer who had charge 
 of a harbor or port, (Gr. x,„,„.) Big. 60. 
 4. 18. 10. Cod. 7. 16. 38. 
 
 LIMITARE. Lat. [from limes, a bound.] 
 In old English law. To limit; to fix a 
 boundary or period. Hodie fere omnes- 
 \actioms\ infra certa tempora limitantur ; 
 at this day almost all actions are limited 
 within certain periods. Bract, fol. 102 b 
 
 LIMITATIO. Lat. [from limitare, a. v.] 
 In old English law. Limitation ; a limita- 
 tion. Omnes actiones in mundo infra certa 
 tempora AaJewi limitationem ; all actions in 
 the world have a limitation within certain 
 periods of time. Bract, fol. 62. 
 
LIM 
 
 (160) 
 
 LIN 
 
 LIMITATION, [from '■ Lat. limitatio, 
 q. v.] A setting^a bound- ot'limit ; ' a -fixing 
 a period. 
 
 LIMITATION OF ACTIONS. The 
 Testrietion, by statetej of the right of- action 
 to certain periods of time, -beyond' •which, 
 except in certain specified (^ises, it -will not 
 beailowed. The statutes flxing-*uch periods 
 or limits are termed- sto^wfe* of limitation, 
 (q; V.) See Angell on Limitation, United 
 \ States Digest, Limiteition of 'Actions. 
 
 LIMITATION OF ASSISE. In old 
 practice. A certain time prescribed by 
 statute, ■within which- a man was required 
 to -allege himself, or' his- ancestor; to have 
 been seised of lands sued for by a writ of 
 •assise. ■ Gowell. 
 
 LIMITATION OT ESTATE. The de- 
 finition or circumscription -in any convey- 
 ance, of the interest which the grantee is 
 •intended to take. 1 Stepk.Com.'2'J8, 
 note. (I). — The express ' confinement -and 
 limitation of an estate by the words of its 
 creation, so that it cannot endure for any 
 longer time than till the contingency hap- 
 pens upon which the estate is to fail :*■ as 
 when land is granted to a man so long- as 
 he is parson of Dale, or while he continues 
 unmarried, or. M»i<«? outof the rents and 
 profits he shall have imade 5001. and the 
 like. In such case, the- estate determines 
 as soon as the contingency happens; (when 
 he ceases to be parson, marries- a wife, or 
 has received the 500?.). and the next sub- 
 smjuent estate, which depends upon such 
 detei-mination, becomes immediately vested, 
 without any act to be done by him who is 
 next in expectancy. 2 £1. Com. 155. For 
 the distinction between a limitation' and a 
 condition, see Shep. Touch, (by Preston,) 
 117. 4c Kenfs Com. 126,121. 1 HilUard's 
 Real Prop. 370. 
 
 LIMITED ADMINISTRATION. An 
 administration of a temporary character, 
 granted for a particular period, or for a 
 special or particular purpose. Holthouse. 
 
 LIMITED DIVORCE. A divorce for 
 a limited time ; a separation from bed and 
 board. 2 N. Y. Rev. St. [146,] 80. 
 
 LIMITED PARTNERSHliP. A part- 
 nership consisting of one or more general 
 partners, jointly and severally responsible 
 as ordinary partners, and by whom the 
 business is conducted, and one or more 
 special partners, contributing in cash pay- 
 ments a specific sum as capital to the com- 
 mon stock, and who are not liable for the 
 debts of the partnership beyond the fund 
 
 BO contributed. 3 ■Kent'' s Com. 34. I If. 
 T. Rev. St. [764,] 753. ■ 
 
 LINARIUM. L. Lat. [from ^mww, flax.] 
 In old records. A place where flax is 
 sown; a flax-plat. Pat. 22 Hrni. IV. par. 
 1, m. 33. Blount. 
 
 LINE A. Lat. In civil and old (Eng- 
 lish law. 'A line ;- a series of persons de- 
 scending "from a common stock ; («em* 
 persomarwrn a communi stipite deseenden- 
 tium.) Meinecc. Mlem. Jur. Civ. lib. 1, 
 tit. 10, § 153. It-was ascendens asweH as 
 descendens. Male's Anal. sect, xviii. 
 Fleta, lib. 6, c. 1, § 11. 
 
 LINEA 0BLIQUA. Lat. In the civil 
 law. The oblique line. ' More commonly 
 termed linea transversdUs, (q, v.) 
 
 LINEA RECTA. Lat. In the civil 
 and old English law. The right line ; the 
 direct line. -Bract, fol. 67. Fleta, lib. 6, 
 c. 1, § 1 1. A line of persons in which the 
 one is descended mediately or immediately 
 from the other. 1 MacJeeld. Civ. Law, 
 188,139, §139. A line which includes 
 progenitors and their ofispring, (gwos geni- 
 tores et genitos complecUtur.) Heinecc. 
 EUm. jwr. Civ. Vih. 1, tit. 10, § 153. 
 Recta, in this -application, has also the 
 sense of upright or peiyendicular, the 
 right line being represented in diagrams 
 by a vertical line crossed by others. See 
 Linea. 
 
 linea recta semper praefertur transversal!. 
 
 The right line is always preferred to the 
 collateral. Co. Litt. 10. 
 
 LINEA TRANSVERSALIS. Lat. In 
 the civU.and old English law. The trans- 
 verse or cross line; a line crossing the 
 right or perpendicular line ; a line pro- 
 ceeding or drawn from the right- line, on 
 the side of it, (d latere^ ■ either at right 
 angles or obliquely ; ,the oblique or collat- 
 eral line. Bract, fol. 67,68. Fleta,\ih. 
 6, c. 1, § 11. 
 
 LINEAL. In a direct line from an an- 
 cestor. Webster. • 
 
 LINEAL CONSANGUINITY. _ That 
 kind of consanguinity which subsists be- 
 tween persons, of whom one is descended 
 in a direct line from the other ; as between 
 a particular person and his father, grand- 
 father, great-grandfather, and so upward, 
 in the direct ascending line ; or between 
 the same person and his son, grandson, 
 great-grandson, and so downwards in the 
 direct descending line. 2 Bl. Com. 203. 
 
 LINEAL DESCENT. The descent of 
 one person from another ; as a son from a 
 
LIQ 
 
 (161) 
 
 US 
 
 father, in the right or direct line. See 
 Lineal consanguinity. 
 
 The descent of an estate, or the right to 
 it, in the right line of persons, that is, from 
 grandfather to father, from father to son, 
 from son to grandson, (fee* 2 Archb. N. 
 Ptvus 351 
 
 LINEAL WARRANTY. A warranty 
 of land made by a person from, or through 
 whom the title to the land warranted was 
 derived', or might by possibility have been 
 derived by the heir.* 2 Bl. Com. 301. 
 4 Kenfs Com. 469. 2 Hilliard's Heal 
 Prop. 360. A warranty made by a per- 
 son in the line of the title.* See Collat- 
 eral warranty. 
 
 LINES AND COKNERS. In surveying 
 and conveyancing. Boundary lines and 
 their terminating points, where an angle is 
 formed by the next boundary line. 4 
 BiWs B. 133. 3 UttelVs B. 101, 152. 
 
 LINGUA. Lat. A tongue ; speech. 
 Applied, in old English law, to the verdict 
 of a jury. Ponit se super linguas vestras 
 de hoc de bono et malo ; of this he puts 
 himself upon your tongues, for good and 
 for evil. Bract, fol. 143 b. 
 
 LINUM. Lat. In civil and old Eng- 
 lish law. Flax. Big. 32. 70. 10, 11, 
 Reg. Orig. 99. Translated in Fitzherbert, 
 lime. F. N. ^. 90 K, 91. 
 
 LIQUERE. Lat. In the civil law. To 
 be clear, evident, or satisfactory. "When a 
 judex was in doubt how to decide a case, 
 he represented to the praetor under oath, 
 Sibi non liquere, (that it was not clear to 
 him,) and v^as thereupon discharged. 
 Calv. Lex. A. Gellius, Noct. Att. xiv. 2. 
 
 LIQUET. Lat. [from liquere, q. v.] 
 It is clear or apparent ; it appears. Satis 
 liquet; it sufficiently appears. 1 Stra. 
 412. 
 
 LIQUIDATE. To clear away; to les- 
 sen ; to pay. " To liquidate a balance 
 means to pay it." Story, J. 8 Wheaton^s 
 E. 338, 362. 
 
 LIQUIDATED DAMAGES. A fixed 
 sum of money expressly and specifically 
 agreed upon between the parties to a con- 
 tract, to be paid io the event of the non- 
 performance of the contract by either. It 
 is generally distinguished from a penalty, 
 but is sometimes treated as a penalty, even 
 when the expression liquidated damayes is 
 used. See 4 Burr. 2225. Sidgwick on 
 Damages, 417, (3d ed.) ch. 16. 
 
 LIQUIDO. Lat. Clearly; evidently; 
 manifestly. Calv. Lex. Liquido jurare ; 
 
 Vol. II. 
 
 to swear from a full knowledge of the sub- 
 ject; to swear without hesitation, or In 
 clear and absolute terms.* Id. 
 
 LIRE. L. Fr. To read; to be read. 
 A lire quatre foiz par an. Artie, sup. 
 Chart. 
 
 LIRRA. L. Fr. It shall be lawful. 
 Lirroit ; it should be lawful. Kelham. 
 L. Fr. Diet. 
 
 LIS. Lat. A controversy or dispute. 
 See Lis mota. 
 
 A suit at law ; an action ; a controversy 
 carried on in form of law.* In the civH 
 law, this was a more general term than 
 actio. Litis nomen omnem actionem sig- 
 nificat ; the term lis signifies every kind 
 of action. Dig. 60. 16. 36. Co. Litt 
 292. 
 
 LIS MOTA. Lat. A dispute arisen; 
 a controversy originated. A term frequently 
 usefd in the discussion of evidence in mat- 
 ters of pedigree, and repeatedly held by 
 the courts to import not an actual suit 
 commenced, but a dispute or controversy 
 originating prior to the commencement of 
 judicial proceedings. Wood, B. 4 Campb. 
 406. Lawrence, J. Id. 409. Mansfield, 
 C. J. Id. 417. Eayley, J.iM.d: S. 497. 
 HubbacFs Fvid. of Succession, 664, 665. 
 1 Greenl. on Fvid. § 131. See 1 Peters' 
 R. 328, 337 ; Trimble, J. 
 
 Lis mota carries with it the further idea 
 of a controversy upon the same particular 
 subject in issue. 1 Greenl. Ev. § 132. 
 
 LIS PENDENS. L. Lat. In the civil 
 law. A suit pending. A suit was not said 
 to be pending before that stage of it called 
 litis contestaiio, (q. v.) 1 Maclceld. Civ. 
 Law, 205, § 203. Calv. Lex. 
 
 In modern law. A pending suit ; the 
 actual pendency of a suit, or other judicial 
 proceeding. 2 Kenfs Com. 122. 
 
 In equity. A pending suit. A notice 
 of lis pendens is one of the proceedinofs in 
 a foreclosure suit. 2 Barbour's Chan. Pr. 
 178, 601. A subpoena served and a bill 
 filed is a lis pendens against all persons. 
 Cross on Lien, 140. Where a man is to 
 be affected by a pending suit, there oucrht 
 to bs a close and continued prosecution of 
 it. _ 1 Vern. 286. In order to constitute a 
 litis psndentia, there must be a continuance 
 of litis contestaiio, and soinsthino- must be 
 done to keep it alive and in activity. 1 
 Buss. & Myln. 617. 
 
 LIST. lu practice. A calendar of 
 causes for argument or trial. 
 
 LIST. L. Fr. It may be ; it is lawful. 
 11 
 
LIT 
 
 (162) 
 
 LIT 
 
 Britt. c. 70. Come hien luy list ; as was 
 lawful for him to do. Yearh. M. 8 Edw. 
 III. 2. 
 
 LITE PENDENTE. Lat. Pending 
 the suit. Fleta, lib. 2, c. 54, § 23. 
 
 LITEM SUAM FACERE. Lat. In 
 the Eoman law. To make a suit his own. 
 Where a judex, from partiality or enmity, 
 evidently favored either of the parties, he 
 was said litem suamfacere. Adam's' Horn. 
 Ant. 269. Oalv. Lex. He was in such 
 case considered as guilty of a quasi mal- 
 feasance, {^qua^i ex malefido obligatus,) and 
 was liable to a penalty, though he might 
 have acted merely through imprudence. 
 Inst. 4. 5, pr. 
 
 LITERA. Lat. In old English law. 
 A letter. Litera acquietantice ; a letter of 
 acquittance. Reg. Orig. 150. Litera 
 camhii; a letter of exchange. Id. 194. 
 See Literce. 
 
 The letter, as distinguished from the 
 meaning of a writing. Fleta, lib. 2, c. 56, 
 § 20. See ftai hseret in litera, &c. 
 Litter for horses. Fleta, lib. 2, c. 20. 
 LITERA PISANA. Lat. The Pisan 
 letter. A term applied to the old charac- 
 ter in which the copy of the Pandects for- 
 merly kept at Pisa, in Italy, was written. 
 Spelman. 
 
 LITBRATURA. . Lat. [from litera, a 
 letter.] In old English law. Education ; 
 learning; knowledge of letters. Ad liioxa,- 
 turam ponere ; to put to learning ; to put 
 to school. Paroch. Ant. 401. Cowell. 
 Minus sufficiens in literatura ; deficient in 
 learning. The form of a bishop's return, 
 where he refuses a clerk as being unfit to 
 discharge the pastoral office for want of 
 learning. 1 Bl. Com. 389, 390. 
 
 LITERJE. Lat. Letters. A term ap- 
 plied, in old English law, to various instru- 
 ments in writing, public and private. See 
 infra. 
 
 LITERJE DIMISSORI^. L. Lat. Di- 
 missory or dismissory letters. See Bimis- 
 sorim literce. 
 
 LITERiE MORTU^. Lat, Dead let- 
 tors; fulfilling words of a statute. Lord 
 Bacon observes that, ''there are, in every 
 stai ute, certain words which are as veins, 
 whcio the life and Hood of the statute 
 cometb, and whore all doubts do arise, and 
 the rest arc literce mortuce, fulfilling words." 
 Bac. Bead. Uses, Worfcs, iv. 189. 
 
 LITERiE (or LITTERS) PATENTES. 
 L. Lat. In old English law. Letters pa- 
 tent; literally, open letters, (Fr. lettres 
 
 ouvertes.) In cujus rei testimonium has 
 literas nostras fieri fecimus patentes ; In 
 witness whereof, we have caused these our 
 letters to be made patent. Reg. Orig. 4 b. 
 Bract, fol. "72 b. Literce patentes regis non 
 erunt vacuce ; the king's letters patent shall 
 not be void. 1 Bulstr. 6. 
 
 LITERS PROCURATORIiE. L. Lat. 
 In old English law. Letters procuratory ; 
 letters of procuration ; letters of attorney. 
 Bract, fol. 40, 43. The written authority 
 given to an attorney in fact, or procurator ; 
 still sometimes called a letter of attorney, 
 and anciently termed in English a writ. 
 Bract, fol. 40. 
 
 LITERS RECOGNITIONIS. L. Lat. 
 In maritime law. A bill of lading. Jacoh- 
 sen's Sea Laws, 172. 
 
 LITERS SIGILLAT^. L. Lat. In old 
 English law. Sealed letters. The return of a 
 sheriff was so called. Fleta, lib. 2, c. 64, 
 §19. 
 
 LITIGANT. [Lat. litigans, from liti- 
 gare, q. v.] A person engaged in a law- 
 suit; a party to a suit. 
 
 LITIGARE. Lat. ToHtigate; to carry 
 on a suit, {litem agere,) either as plaintiff 
 or defendant ; to claim or dispute by action ; 
 to test or try the validity of a claim by 
 action. 
 
 LITIGATE, [from Lat. Utigare, q. v.] 
 To dispute or contend in form of law ; to 
 carry on a suit. 
 
 LITIGIOUS. In English ecclesiastical 
 law. The subject of contending claims.* 
 If two presentations be offered to the bishop 
 upon the same avoidance, the church is said 
 to become litigious. 3 Bl. Com. 246. 
 
 LITIGIOUS RIGHT. In the civil law. 
 A right which cannot be exercised without 
 undergoing a law-suit. Civ. Code of Louis. 
 Art. 3522, num. 22. Pothier, Contr. of 
 Sale, num. 584. 
 
 LITIGIUM. Lat. [from Utigare.'] In 
 the civil and old English law. Litigation ; 
 the contest between the parties to a suit ; 
 a suit or controversy. Litigio pendente. 
 Big. 4. 8. 49, pr. Bracton uses the word 
 to denote that part of an action which 
 commenced with the appearance of the 
 defendant, and terminated with the judg- 
 ment of the court. Ad primam diem 
 litigii. Bract, fol. 444. Tempore litigii, in 
 ipso judicio, et ante judicium redditum, 
 pendente litigio. Id. fol. 436 b. It is 
 used in the Books of Feuds. Lib. 2, tit. 
 15. 
 LITIS CONTESTATIO. In the civil 
 
LIT 
 
 (163) 
 
 LOG 
 
 , and canon law. Contestation of suit ; the 
 process of contesting a suit by the oppos- 
 ing statements of the respective parties ; 
 the process of conaing to an issue ; the at- 
 tainment of an issue ; the issue itself. See 
 Oontestatio litis. 
 
 In the practice of the ecclesiastical courts, 
 — the general answer made by the defend- 
 ant, in which he denies the matter charged 
 against him in the libel. Hallifax, Anal. b. 
 3, c. 11, num. 9. 2 Browne's Civ. d: Adm. 
 Law, 358, and note. 
 
 LITIS DOMINIUM. Lat. In the civil 
 law. Ownership, control or direction of a 
 suit. A fiction of law by which the em- 
 ployment of an attorney or proctor, {pro- 
 curator,) in a suit was authorized or justi- 
 fied, he being supposed to become, by the 
 appointment of his principal, {dominus) or 
 client, the dominus litis. Heinecc. Elem. 
 Jur. Giv. lib. 4, tit. 10, §§ 1246, 124V. 
 
 LITTORAL, [from Lat. littus or litus, 
 the shore.^ Belonging to the shore ; on 
 the sea-shore. A littoral proprietor is a 
 proprietor of land on the shore of the sea. 
 17 Howard's B. 426. 
 
 LITTUS. Lat. See Litus. 
 
 LITTUS MARIS. Lat. In old Eng- 
 lish law. The sea-shore. "It is certain 
 that that which the sea overflows, either 
 at high spring tides or at extraordinary 
 tides, comes not, as to this purpose, under 
 the denomination of littus maris, and con- 
 sequently the king's title is not of that 
 large extent, but only to land that is usually 
 overflowed at ordinary tides. That, there- 
 fore, I call the shore that is between the 
 common high-water and low-water mark, 
 and no more." Hale de Jur. Mar. pars 1, 
 c. 4. 
 
 LITURA. Lat. [from linere, to daub.] 
 In the civil law. An obliteration or blot 
 in a will or other instrument. Dig. 28. 4. 
 1. 1. 
 
 LITUS, Littus. Lat. In the civil law. 
 A shore or coast ; the sea-shore. Litus est 
 quousque maximus fiuctus a mari pervenit ; 
 the shore is as far as the largest wave from 
 the sea reaches. Biff. 50. 16. 96. This 
 definition of the Digests is said to have 
 been first established by Cicero, in a case 
 where he acted as an arbiter. Id. ibid. 
 But see Cic. Topic, vii. quoted in Callis on 
 Sewers, 66, note. It is somewhat varied 
 in the Institutes, thus: JSst litus maris 
 quatenus hibernus fiuctus maximus excurrit; 
 that is the sea-shore as far as the largest 
 winter-wave extends,- or runs up. Inst. 2. 
 
 1. 3. See Dig. 50. 16. 112. Ang. .on 
 Tide- Waters, 67, ch. 3. See Littus maris, 
 Shore. 
 
 LITUS, Uddus, Lito. L. Lat. In old 
 European law. A kind of servant ; one 
 who surrendered himself into another's 
 power, (servus dedititius.) Spelman. 
 
 LIVERER. L. Fr. To deliver. Kel- 
 ham. Livere ; delivered. Britt. c. 48. 
 Liveres. Id. c. 2. Livromus ; we deliv- 
 ered. Yearh. H. 12 Hen. VI. 7. 
 
 LIVERISON. L. Fr. Delivery. Britt. 
 c. 45. 
 
 LIVERY. [L. Lat. deliberatio ; Lat. 
 traditio.] In English law. Delivery. See 
 Livery of seisin. 
 
 A writ which lay for an heir to obtain 
 possession of lands. Cornell. 
 
 The privilege of a particular company. 
 '■^ Livery and clothing" of a company. 
 Say. 274. See 12 East, 22. See Oom- 
 monalty. 
 
 LIVERY OF SEISIN. [L. Fr. liverie 
 de seisin, hail de seisin ; L. Lat. deliberatio 
 seysince.^ Delivery of seisin ; delivery of 
 corporeal possession of lands or tenements 
 conveyed to another ; a material ceremony 
 in the old conveyance by feoffment, with- 
 out which the feofiee had but a mere estate 
 at will. 2 Bl. Oom. 311. Livery in deed, 
 or actual livery, was performed by the 
 feofibr, or his attorney, entering on the land, 
 with the charter of feoflFment, and after 
 declaring the contents of the feoffment in 
 the presence of witnesses, delivering to the 
 feoffee a clod or turf, or a twig or bough 
 there growing, (or, if it were a house, de- 
 livering- the ring or latch of the door,) in 
 the name of seisin of all the lands con- 
 tained in the deed. 2 Bl. Com. 315. 4 
 Kent's Com. 480. Litt. sect. 59, 60. Co. 
 Litt. 48. 
 
 Livery of seisin is constantly termed by 
 Britton bail of seisin, {bail de seisine.) 
 Britt. c. 40. See Bail. In American 
 law, it is almost unknown. 2 Hilliard's 
 Beat Prop. 293, 295. 
 
 LIVORARE. L.Lat. In old European 
 law. To beat ; to bruise by beating. Mar- 
 culf. lib. 1, form. 29. 
 
 LOAN, (or LOAN FOR USE.) [Sax. 
 hlcen ; Lat. commodaium.~\ A bailment of 
 goods to bo used by the bailee temporarily, 
 or fora certain time, without reward. Story 
 on Bailnt. § 6. See Commodatum. 
 
 LOBIUM. L. Lat. In old records. A 
 parlor, or withdrawing room. Spelman. 
 LOCAL. [L. Lat. localis, from locus, 
 
LOG 
 
 (164) 
 
 LOG 
 
 place.] Eelating to place; expressive of 
 place ; belonging or confined to a particular 
 place. Distinguished from gentral, per- 
 sonal and transitory. ' 
 
 LOCAL ACTION.. In practice. An 
 action whicli must be brought in a parti- 
 cular ^Zace or county.* An action founded 
 on such a cause as necessarily refers to 
 some particular locality. 3 Steph. Com. 
 463. Of this nature are all actions for the 
 recovery of land, and actions for injuries to 
 real property. An action is local, if all the 
 principal facts on which it is founded be 
 local. Steph. PI. 289. 
 
 LOCAL ALLEGIANCE. A tempo- 
 rary kind of allegiance, depending on 
 place.* That kind of allegiance which in 
 England is due from an alien or stranger 
 born, for so long time as he continues 
 within the king's dominion and protec- 
 tion. 1 Bl. Com. ZlQ. So, in the United 
 States, during the residence of aliens 
 amongst us, they owe a local allegiance, 
 and are equally bound with natives to obey 
 all general laws for the maintenance of 
 peac.e and the preservation of order, and 
 which do not relate specially to our own 
 citizens. 2 Ken,fs Com. 63, 64. 
 . " LOCAL STATUTES regard such 
 things as are really upon the spot in Eng- 
 land, as the Statute of Frauds, which re- 
 spects lands situate in this kingdom." 
 Lord Mansfield, C. J. 1 W. Bl. 246. 
 
 LOCAL VENUE. In pleading.- A 
 venue which must be laid in a particular 
 county. When the action could have 
 arisen only in a particular county, it is 
 local, and the venue must be laid in that 
 county. 1 Tidd's Pr. 427. See Local 
 action, Venue. 
 
 LOCARE. Lat. In the civil and old 
 English law. To let for hire, as a house, 
 land or other thing ; to deliver or bail a 
 thing for a certain reward or compensa- 
 tion. Dig. 19. 2. 3, 4, et seq. Bract, fol. 
 62. Fleta, lib. 2, c. 69, § 1. 
 
 LOCAKIUM. L. Lat._ In old Euro- 
 pean law. The price of letting ; money paid 
 for the hire of a thing ; rent. Spelman. 
 
 LOCATE, [from Lat. locus, place.] In 
 American law. To place ; to fix, ascer- 
 tain or designate the place (locus') of a 
 thing ; to describe the place or situation of 
 a certain piece or tract of land. See 
 Location. 
 
 To mark out the boundaries, or identify 
 the place or site of a piece of land, accord- 
 ing to a description before given. "If a 
 
 patent calls for a boundary, the plaintiflF 
 may locate the land according to the 
 boundaries." 1 Harr. db McH. 359, arg. 
 
 To place one's self upon land ; to settle 
 on it, or take actual possession. 
 
 LOCATIO. Lat. [from locare, to let] 
 In the civil law. A letting for hire; a 
 bailment or delivery of a thing for a cer- 
 tain compensation. Inst. 3. 25. Big. 19. 
 2. 2. 1. Translated in Scotch law, loca- 
 tion. 1 Stair's Inst. b. 1, tit. 15, sect. 1, 
 5, 6. Story on Bailm. §§ 8, 368. Some- 
 times called locatum, (q. v.) 
 
 LOCATIO-CONDUCTIO. Lat. In the 
 civil law. A compound word used to de- 
 note the contract of bailment for hire, ex- 
 pressing the action of both parties, viz. a 
 letting by the one, and a hiring by the 
 other. 2 Kent's Com. 586, note. Stori/ 
 on Bailm. § 368. 
 
 In the Roman civil law, and in Bracton 
 and Fleta, this phrase is composed of dis- 
 tinct words, locatio et eonduetio. Inst. 
 3.25. Dig. \9.^.\. Bract. ioLQi. Fleta, 
 lib. 2, c. 59, § 1. 
 
 LOCATIO CUSTODIJE. Lat. A 
 letting to keep ; a bailment or deposit of 
 goods for hire. Story on Bailm. § 442. 
 
 LOCATIO OPERIS FACIENDI. Lat. 
 A letting out of work to be done ; a bail- 
 ment of a thing for the purpose of having 
 some work and labor or care and pains be- 
 stowed on it for a pecuniary recompense. 
 2 Kenfs Com. 586, 688. Story on Bailm. 
 §§ 370, 421, 422. 
 
 LOCATIO OPERIS MERCIUM VE- 
 HENDARUM. Lat. A letting of work 
 to be done in the carrying of goods; a 
 contract of bailment by which goods are 
 delivered to a person to carry for hire. 2 
 Kenfs Com. 597. Story on Bailm. 
 §§ 370, 457. 
 
 LOCATIO EEL Lat. A letting of a 
 thing to hire. 2 Kenfs Com. 586. The 
 bailment or letting of a thing to be used 
 by the bailee for a compensation to be 
 paid by him. Story on Bailm. § 370. 
 
 LOCATION, [from locate, q. v.] In 
 American land law. The designation of 
 the boundaries of a particular piece of land, 
 either upon record, or on the land itself. 
 1 BibVs B. 84. 
 
 The finding and marking out the bounds 
 of a particular tract of land, upon the land 
 itself, in conformity to a certain description 
 contained in an eatry, grant, map, <fec. ; such 
 description consisting in what are termed 
 locative calls, (q. v.) 
 
LOG 
 
 (165) 
 
 LOD 
 
 LOCATIVE CALLS. In American 
 land law. Calls for the purpose of loca- 
 tion ; calls which designate the particular 
 boundaries of lands, as distiiiguished from 
 general description.* See Call. Those 
 calls in entries of lands, the object of which 
 is to ascertain and identify the land for 
 the purpose of location. References in 
 entries and grants of land to certain par- 
 ticular physical objects (as trees, streams, 
 &o.) which exactly describe the land to be 
 located.* Marshall, C. J. 2 Wheaion's R. 
 206, 211. Marshall, 0. J. 10 Wheaion's 
 R. 454, 463. See 7 Peters' R. 171. 18 
 WendelVs R. 157. 
 
 LOCATOR. Lat. [from locare, to let; 
 Fr. locateur, loueur, bailleur.^ In the civil 
 law. , A letter; one who lets; the correla- 
 tive of conductor, (a hirer.) Inst. 3. 25, pr. 
 Diff. 19. 2. 9, pr. Cod. 4. 65. 13, 15. 
 He, who being the owner of a thing, lets 
 it out to another for hire or compensation. 
 Story on Bailm. § 369. Used in Scotch 
 law. 1 Stair's Inst. b. 1, tit. 15, §§ 1, 
 5,6. 
 
 LOCATOR. In American land law. 
 One who locates land, or intends or is en- 
 titled to locate. 1 Bibb's R. 81. I LittelVs 
 R. 187. See Location. 
 
 LOCMAN. Fr. In French marine law. 
 A pilot. Ord. Mar. liv. 4, tit. 3, art. 1. 
 
 LOCUM TENENS. L. Lat. [L. Fr. 
 lieu tenant.^ In old English law. A lieu- 
 tenant, deputy or representative. Reg. 
 Oriff.11. jPtoa,lib. 2,c. 64,§2. Literally, 
 a place holder ; one who holds the place of 
 another.* Locum tenens decani et vices ejus 
 gerens ; holding the place of the dean, and 
 performitig his duties. Yearb. M. 9 Edw. 
 III. 33. Locum tenens regni; lieutenant 
 of the realm. 8 Co. 21 b. The Prince's 
 case. 1 P. Wms. 712. 
 
 LOCUM TENERE. Lat. In old stat- 
 utes. To hold place; to be applicable. 
 St sciendum est quod istud statutum tenet 
 locum de terris venditis, <fec. and it is to 
 be known that this statute has application 
 to lands sold, &c. Stat. Quia Emptores, 
 c. 3. Locum habere, (to have place,) had 
 the same meaning. Fleta, lib. 4, c. 1, 
 §16. 
 
 To have place ; to take effect, as to time. 
 E,t incipiet locum tenere ad festum Sancti 
 Andrece apostoli ; and it shall begin to take 
 effect at the feast of St. Andrew the apostle. , 
 Stat. Quia Emptores, c. 3. 
 
 LOCUPLES. Lat. In the civil law. 
 Able to respond in an action; good for 
 
 the amount which the plaintiff might re- 
 cover.. Dig. 50. 16. 234. 1. 
 
 LOCUS. Lat. [Fr. lieu.] A place; 
 the place. See infra. 
 
 LOCUS. Lat. In the civil law. A 
 place ; a piece or portion of land, or of an 
 estate, [fundus.) Dig. 50. 16. 60. 
 
 LOCUS CONTRACTUS. Lat. The 
 place of a contract ; the place where a con- 
 tract is made. Locus contractus regit actnm. 
 The place of the contract governs the act ; 
 the law of the place where it is made gov- 
 erns it as to construction, wherever it is 
 attempted to be carried into effect. Per- 
 sonal contracts are to have the same validi- 
 ty, interpretation and obligatory force in 
 every other country, which they have in 
 the country where they are made. 2 
 Kent's Com. 458. 
 
 LOCUS DELICTI Lat. The place 
 of the offence ; the place where an offence 
 was committed. 2 Kent's Com. 109. 
 
 LOCUS IN QUO. Lat. [Fr. la lieu 
 OM.] In pleading. The place in which ; 
 the place where. 6 Mod. 158, 198. 1 
 Leon. 60. A term used in actions of tres- 
 pass to denote the place in which the tres- 
 pass was committed. 1 Archh. JV. Prius, 
 314. See 1 Salk. 94. 
 
 LOCUS PARTITUS. Lat. In old 
 English law. A place divided. A division 
 made between two towns or counties, to 
 make out in which the land or place in 
 question lies. Fleta, Kb. 4, c. 15, num. 1. 
 Uowell. See Jocus partitus. 
 
 LOCUS PCENITENTI^. Lat. In 
 the civil law. Place or room for repent- 
 ance ; room to retract ; opportunity allowed 
 a party to withdraw from a contract, before 
 it is completed. Inst. 3. 24, pr. A phrase 
 adopted by Bracton, and extensively used 
 in modern law. Bract, fol. 61 b. Fleta, 
 lib. 2, c. 58, § 3. 
 
 LOCUS PUBLICUS. Lat. In the 
 civil law. A public place. Dig. 43. 8. 1. 
 Id. 43. 8. 2. 3. 
 
 LOCUS REI SIT^. L. Lat. The 
 place where a thing is situated. In pro- 
 ceedings in rem, or the real actions of the 
 civil law, the proper forum is the locus rei 
 sitce. Story, J. 2 Gallison's R. 191, 
 197. 
 
 LOCUS SIGILLL Lat. The place of 
 the seal ; the place occupied by the seal of 
 written instruments. Usually abbreviated 
 to L. S. 
 
 LODEMANAGE. In old English law. 
 The hire of a pilot for conducting a ship 
 
LON 
 
 (166) 
 
 LOS 
 
 from one place to another. Cowell. Blount 
 calls it lodemerege. 
 
 LODGER. One ■who occupies hired 
 apartments in another's house; a tenant 
 of part of another's house. See Lodgings. 
 
 LODGINGS. Habitation in another's 
 house. WhartorrHs Lex, Apartments in 
 another's house, furnished or imfurnished, 
 occupied for habitation ; the occupier being 
 termed a lodger. 
 
 LODS ET VENTES. Fr. In old 
 French and Canadian law. A fine payable 
 by a roturier, on every change of owner- 
 ship of his land ; a mutation or aliena- 
 tion fine. Steph. Led. 351. Dunkin's 
 Address, 54, 60. 
 
 LOGOGRAPHUS. Grseco-Lat. In 
 the Roman law. A public clerk, register 
 or book-keeper ; one who wrote or kept 
 books of accounts. Big. 50. 4. 18. 10. 
 Cod. 10. 69. 
 
 LOT, Loy. L. Fr. Law. Conf. Cart. 
 25 Edw. L 
 
 LOIAL. L. Fr. Lawful. Kelham. 
 Loialx gents de la visne ou tiel fait si 
 fist; lawful people of the neighborhood 
 where the fact was done. Rot. Pari. 4 
 Hen. IV. cited 1 Sep. in Ch. appx. Loial- 
 ment ; lawfully. Britt. c. 54. 
 
 LOIER, Layer. L. Fr. Fee; reward. 
 Kelham. 
 
 LOKE. O. Eng. Lock; a lock. ®fte 
 tostc loks maktt^ tottuf ^fgrattn. Safe locks 
 often make trusty servants. An old Eng- 
 lish proverb. Fleta, lib. 2, c. 72, § 3. 
 
 LOMBARDS. A name given to the 
 merchants of Italy, numbers of whom, dur- 
 ing the twelfth and thirteenth centuries, 
 were established as merchants and bankers 
 in the principal cities of Europe. 1 Bohert- 
 sori's Charles V. Appendix, note xxx. 1 
 Duer on Ins. 33. Introd. Disc. Lcct. ii. 
 In a case in the Year Books, a writ was 
 brought vers Us Lombards de Londres, 
 (against the Lombards of London.) Prw- 
 cipe societati Lombardorum Lond' merca- 
 iorum de Florence ; (command the com- 
 pany of Lombards of London, merchants 
 of Florence.) The defendants were called 
 by the crier, '■'■ Le felowship de Lombards." 
 Two Lombards of London appeared. This 
 was objected to as no appearance. Yearh. 
 T. 19 Hen. VL 11. 
 
 LONDRES, Londre. L. Fr. London. 
 Yearb. P. 1 Edw. II. p. 4. 
 
 longa possessio est pads jns. Long pos- 
 session is the law of peace. Branches 
 Piinc. Co. Litt. 6. 
 
 longa possessio jus parit. Long posses- 
 sion begets right. Fleta, lib. 3, c. 15, § 6. 
 
 Longa possessio parit jns possidendi, et 
 tollit actionem vero domino. Long posses- 
 sion produces the right of possession, and 
 takes away from the true owner his action. 
 Co. Litt. 110 b. 
 
 LONGTEYNE, iomte^rwcs. L.Fr. Re- 
 mote ; distant. Britt. c. 44. Kelham. 
 
 Longum tempns, et longns usns qni excedit 
 memoria hominum, snfficit pro jure. Long 
 
 time and long use, exceeding the memory 
 of men, suffices for right. BrancWs Princ. 
 Co. Litt. 115 a. 
 
 LONGURE. L. Fr. Length. Britt. 
 c. 63. 
 
 LOQUELA. L. Lat. [from loqui, to 
 speak.] In old English practice. A plaint, 
 plea or suit. Si loquela fuerit in curia 
 baronis ; if the plaint were in a court baron. 
 Bract, fol. 368 b. Reg. Orig. 18 b. 
 
 A plaint or declaration ; the first plead- 
 ing of a plaintiflF. 1 Reeves' Hist. 248. 
 
 A statement; saying or affirmation. Mag- 
 na Charta, c. 28. Fleta, lib. 2, c. 63, § 10. 
 
 An imparlance. Cowell. Blount. 
 
 Loqnendum nt vnlgns, sentiendam ut docti. 
 We must speak as the common people, we 
 must think as the learned. 1 Co. 11 b, 
 Calvin's case. In construction of law, 
 words may be taken in their ordinary sense ; 
 but when technically used, as in pleading, 
 they are to be taken technically.* See 4 
 Co. 46 b. 3 Keb. 20. Het. 101. 
 
 LORD. [Sax. hlaford ; Lat. dominus ; 
 Fr. seigniour ; Gr. irepios.] In English law. 
 A title of honor or nobility belonging pro- 
 perly to the degree of baron, but applied 
 also to the whole peerage, as in the ex- 
 pression, "the House of Lords." 1 Bl. 
 Com. 396—400. 
 
 A title of office, as Lord Mayor, Lord 
 Commissioner, &c. 
 
 In feudal law. A feudal superior or 
 proprietor ; one of whom a fee or estate is 
 held. See Fee, Tenure. 
 
 LORD ADVOCATE. The chief public 
 prosecutor of Scotland. 2 Alison's Crim. 
 Pr. 84. 
 
 LORDSHIP. [Lat. dominium.] In old 
 English law. A seigniory ; the domain or 
 estate of a lord. 
 
 A title of honor applied to a nobleman, 
 not a duke ; to judges, and some other 
 persons in authority and office. Wharton's 
 Lex. 
 
 LOST OR NOT LOST. In commercial 
 law. A clause introduced into marine 
 
LUC 
 
 (167) 
 
 LUN 
 
 policies of insurance, (and said to be pe- 
 culiar to tlie English policies,) to show that 
 the contract is intended to, embrace losses 
 which may have happened before the policy 
 is subscribed. 1 Phillips on Ins. 438. 3 
 IHenfs Com. 258, 259. 
 
 LOT. [Sax. hlot] In old English law. 
 A contribution ; a portion or share of a 
 tribute, or any payment which one is bound 
 to make with others, (^pars trihuti sive so- 
 lutionis alicujus, quam inter alios quis ten- 
 etur prcesiare.) Spelman. Frequently used 
 with the word scot. ^^Ane Mot and an 
 scote." Id. Hence Scot and lot, (q. v.) 
 
 LOU. L. Fr. Where. L. Fr. Diet. 
 
 LOUK, Leour, Ler, Lirr, Loar, Lor, 
 Lur, Lure, Lurr. L. Fr. Their. Kelham. 
 
 LOW JUSTICE. In old European law. 
 Jurisdiction of petty offences, as distin- 
 guished from high justice, (q. v.) 
 
 LOW WATER. The furthest receding 
 point of ebb-tide. Wayne, J. 13 How- 
 ard's R. 417. See Id. 426, Nelson, J. 
 
 LOW-WATER MARK. That part or 
 line of the sea-shore to which the waters 
 recede, at ordinary low-tide. Angell on 
 Tide-Waters, 68 — 73, eh. 3. 
 
 LOWER. L. Fr. A fee or reward ; a 
 bribe. Britt. fol. 3 b. Id. c. 21, 24. 
 
 LOWERS. Fr. In French maritime law. 
 Wages. Ord. Mar. liv..l, tit. 14, art. 16. 
 
 LOY. L.Fr. In old English law. Law. 
 La loy de la terre. Oonf. Car tar. 25 
 Edw. L 
 
 LOYAL. L. Fr. In old English law. 
 Lawful. West loyal pur luy) it is not 
 lawful for him. Dyer, 36 b, (Fr. ed.) T. 
 Jon. 24. "Nearest and most toyaZ friends 
 of the intestate." Stat. 3 1 Edw. III. c. 1 1 , 
 cited 1 P. Writs. 42, 45, arg. 
 
 LOYALMENT. L. Fr. Lawfully. 
 Dyer, 102, (Fr. ed.) 
 
 LUCID INTERVAL. An interval of 
 reason enjoyed by an insane person, or lu- 
 natic. The expression is a very literal 
 translation of the lucidum intervallum of 
 Bracton and the Register. Bract, fol. 12, 
 43. Beg. Orig. 267 a. 
 
 LUCRATIVE SUCCESSION. In 
 Scotch law. A kind of passive title by 
 which a person accepting from another, 
 without any onerous cause, [or without 
 paying value,] a disposition of any part of 
 his heritage, to which the receiver would 
 have succeeded as heir, is liable to all the 
 grantor's debts contracted before the said 
 disposition. 1 Forhei Inst, part 3, p. 102. 
 BelVs Diet. 
 
 LUCRATUS. Lat. [from lucrurn, gain.J 
 In Scotch law. A gainer. Zanies' 'Equity, 
 b. 1, part 1, sec. 2, art. 1. 
 
 LUCRI CAUSA. Lat. For the sate 
 of gain. An expression quoted by Black- 
 stone, as used in the civil law definition of 
 theft, to express the motive of the act. 
 4^/. Com. 232. The words of the Insti- 
 tutes, in the passage referred to, are lucri 
 faciendi gratiA, (for the sake of making 
 gain.) Inst. 4. 1. 1. The expression itself 
 has since been held inapplicable in the 
 common law. Buss, ds B. C. C. 292. 
 See 2 Bussell on Crimes, 3. Lewis' U. S. 
 Crim. Law, 450. 
 
 LUCRUM CESSANS. Lat. In Scotch 
 law. A ceasing gain, as distinguished 
 from damnum datum, an actual loss. 
 Karnes^ Equity, b. 1, part 1, ch. 1, sect. 2. 
 
 LUCTA. Lat. In old English law. A 
 wrestling-match. Fleta, lib. 2, c. 72, § 9. 
 
 LUM. L. Fr. A man. LL. Gul. Conq. 
 1.41. 
 
 LUCTUOSA H^REDITAS. Lat. A 
 sad inheritance. See Hmreditas luctuosa. 
 
 LUCTUS. Lat. In the Roman law 
 Mourning. See Annus luctiis. 
 
 LUMEN. Lat. In the civil law. 
 Light ; the light of the sun or sky ; the 
 privilege of receiving light into a house. 
 Dig. 8. 2. 10, 15—17. Distinguished 
 ixom prospectus, (prospect.) Id: 8. 2. 16. 
 
 A light or window. See Lumina. 
 
 LUMINA. Lat. [plur. of lumen, q. v.] 
 In the civil law. Lights ; windows ; open- 
 ings to obtain lights for one's building. 
 Dig. 8. 2. 10, 15, 17, 23. 1 Mackeld. Civ. 
 Law, 340, § 311. 
 
 LUNACY. [L. Lat. morbus lunaticus. 
 See Lunatic."] Insanity or madness. Pro- 
 perly, that kind of insanity which is broken 
 by intervals of reason. See Lunatic. 
 
 Mr. Stock, in his Treatise on the Law 
 of Ifon Compotes Mentis, adopts lunacy 
 as the general term to denote all the va- 
 rieties of mental disorder, not fatuous. 
 Introd. p. 8. 
 
 LUNATIC. [L. Lat. lunaticus, from 
 luna, the moon.] An insane person ; one 
 who has lost the use of his reason. Pro- 
 perly, one who has lucid intervals, (qui 
 gaudet lucidis intervallis ;) sometimes en- 
 joying his senses and sometimes not, and 
 that frequently depending, as some have 
 imagined, upon the change of the moon.* 
 4 Co. 124 b, Beverley's case. 1 Bl. Com. 
 304. 3 Steph. Com. 530. In New-York, 
 this term is declared by statute to extend 
 
MAC 
 
 (168) 
 
 MAG 
 
 to evepy person of unsound mind, other 
 than idiots. 2 Rev. Stat. [143, § 29,] 77, 
 § 28. This accords with the arrangement 
 of Mr. Stock. See Lunacy. 
 
 The influence of the moon in bringing on 
 the paroxysms of lunacy is now generally 
 exploded in science ; and yet it is singular 
 that, in most languages, the word corres- 
 ponding with lunatic is similarly derived ; 
 as Gr. ffcXijunitdf, from ac^iiiiri; Lat. lunaticus, 
 from luna ; Germ, jitonbsucl^tig ; ^ng. 
 moon-sick. Stock on JVon Comp. Ment. 
 Introd. 8, 9, note. 
 
 LUNDRESS. In old EngUsh law. A 
 
 silver penny, so called because it was to be 
 
 " coined only at London, {A Londres,) and 
 
 not at the country mints. Lowndes' Essay 
 
 on Coins, 17. Gowell.- 
 
 LUPULICETUM. L. Lat. In old Eng- 
 lish law. A hop ground, or place where 
 hops grow. Co. Litt. 4 b. 
 
 LUS, Luz. L. Fr. Places. Kelham. 
 
 LUSHBOROW, Lushburgh. In old 
 English law. A base sort of money, coined 
 beyond sea in the likeness of English coin, 
 and introduced into England in the reign 
 of Edward III. Prohibited by statute 25 
 Edw. III. St. 4. Spelman. Cornell. 
 
 LUTOSA. Lat. [from lutum, clay, 
 mud.] In old pleading. Miry; muddy; 
 impassable as a road. Cro. Car. 366. 
 
 LUTUM. Lat. Clay. Dyer, 90. 
 
 LUY. L. Fr. Him; her; it. L. Fr. 
 Diet. 
 
 LYEF-YELD. Sax. In old records. 
 Lief-silver or money ; a small fine paid 
 by the customary tenant to the lord, for 
 leave to plow or sow, &c. Somner's 
 Gavelk. 27. 
 
 LYER, Lier. L. Fr. To read. L. 
 Fr. Diet. 
 
 To tie or bind. Kelham. 
 
 LYT-iE. Grffico-Lat. [from Gr. XAm, to 
 loose or solve.] In the old Roman law. 
 A name given to students of the civil law 
 in the fourth year of their course, from 
 their being supposed capable of solving 
 any difficulty in law. Tayl. Civ. Law, 39. 
 
 iri. 
 
 M. The letter with which persons con- 
 victed of manslaughter, and admitted to 
 the benefit of clergy, were marked or 
 branded on the brawn of the left thumb. 
 Stat. 4 Hen. VII. c. 13. Cowell. See 
 Burning in the hand. 
 
 MACEGRIEFS, Macegrefs. L. Fr. 
 
 [from maee, flesh, and grlffer, to snatch.] 
 In old English law. Those who willingly 
 bought and sold stolen flesh, knowing it to 
 be stolen. Britt. c. 29, 30. Spelman. 
 Blount. 
 
 MACER, (or MACE-BEARER.) An 
 officer attending on the Scotch courts. 
 BelFs Diet. 2 Swinton's B. 363. 
 
 MACHAMIUM, Mechamium. L. Lat. 
 [from Fr. mehaigne.'\ In old Scotch law. 
 Maihem; Scottice, manzie. Beg. Maj. 
 lib. 4, c. 4. Sken£ de Verb. Sign. 
 
 MACHECARIUS, Macarius. L. Lat. 
 In old English law. A fleshinonger; a 
 butcher. Spelman. Cowell. Called in 
 the Statutum Wallise, macerdrius. Bar- 
 ringt. Obs. Stat. 124. 
 
 " MACHINE," in patent law, includes 
 every mechanical device, or combination 
 of mechanical powers and devices, to per- 
 form some function and produce a certain 
 effect or result. But where the result or 
 effect is produced by chemical action, by 
 the operation or application of some ele- 
 ment or power of nature, or of one sub- 
 stance to another, such modes, methods or 
 operations are called processes. A new 
 process is usually the result of discovery ; 
 a machine, of invention. Grier, J. in 
 Corning v. Burden, 15 Howard's B. 252, 
 267. See Invention. 
 
 MACHOLUM. L. Lat. Iri old Euro- 
 pean law. A barn or granary'open at the 
 top, {sine tecto.) Spelman. 
 
 A rick or stack of corn, (gram.) Id. 
 
 MACINARE. L. Lat. In old Euro- 
 pean law. To grind. Spelman. 
 
 MACULARE. L. Lat. In old Euro- 
 pean law. To wound. L. Alam. tit. 61, 
 § 1. Spelman. 
 
 MADLE. L. Fr. Male. Britt. c. 119. 
 Tearh. M. 9 Edw. IIL 59. 
 
 M^REMIUM, Meremium, Maremium, 
 Maheremium. L. Lat. [from L. Fr. ma- 
 risme, timber.] In old English law. Tim- 
 ber ; wood for the construction of houses 
 or ships. Blount. Bract, tol. 122. Fleta, 
 lib. 1, c. 20, § 114. See Maheremium, 
 Maremium. 
 
 M^GBOTE. Sax. [from mceg, a kins- 
 man, and bote, a compensation.] In Saxon 
 law. A recompense or satisfaction for the 
 slaying or murder of a kinsman, (compen- 
 satio pro cognato interfecio.) Spelman. 
 
 MA6IS. Lat. More. Magis dignum 
 trahit ad se minus dignnm. The more 
 
 worthy draws to itself the less worthy. 
 Yearb. T. 20 Hen. VL 2, arg. 
 
MAG 
 
 (169) 
 
 MAG- 
 
 MAGISTER. Lat. [from magis, more, 
 denoting superiority.] A master ; a ruler ; 
 a chief or superior. One who is elevated 
 above others by office, position, or attain- 
 ments.* One whose authority and example 
 we follow ; one upon whom the chief care 
 of any matter devolves. Calv. Lex. 
 
 Magister rerum usns. TTse is the master 
 of things. Co. Liu. 229 b. Usage is a 
 principal guide in practice. Wing. Max. 
 752, max. 203. 
 
 A title of office in the Roman empire. 
 Magister equitum ; master of the horse. 
 God. 1. 29. 1. Calv. Lex. Magister li- 
 hellorum; master of requests. Id. Ma- 
 gister palatii, or officiorum ; master of the 
 palace or of the offices. An officer re- 
 sembling the modern Lord Chamberlain; 
 Tayl. Civ. Law, 37. 
 
 MAGISTER. Lat. One who has at- 
 tained a degree of eminence in any science, 
 or iu literature. Spelman. Hence the 
 degree of master, (as master of arts,) which 
 anciently was equivalent to doctor. Id. 
 
 MAGISTER CANCELLARI^. L.Lat. 
 In old English law. Master of the chan- 
 cery ; master in chancery. These officers 
 were said to be called magistri, because 
 they were priests. Whitlock, J. Latch, 133. 
 
 MAGISTER NAVIS. Lat. In the 
 civil law. The master of- a ship or vessel. 
 Inst. 4. 7. 2. He to whom the care of the 
 whole vessel is committed, {cui totius navis 
 cura mandata est.) Dig. 14. 1. 1. 1, 5. 
 Story on Agency, § 36. Loccen. de Jwr. 
 Mar. lib. 2, c. 1, s. 9. 
 
 MAGISTER SOCIETATIS. Lat. In 
 the civil law. Master of a partnership; 
 manager, director or general agent of a 
 partnership. A person specially appointed 
 by the members of a partnership to ad- 
 minister its affairs. Story on Partn. § 96. 
 
 MAGISTRALIA BREVIA. L. Lat. 
 In old English practice. Magisterial writs ; 
 writs adapted to special cases, and so called 
 from being framed by the masters or prin- 
 cipal clerks of the chancery. Bract, fol. 
 413 b. CrabUs Hist. 547, 548. 
 
 MAGISTRATE, [from liat. magistratus, 
 q. v.] A person clothed with power as a 
 public civil officer. Story J. 2 Sumner's 
 R. 401, 404. — A public civil officer, in- 
 vested with the executive government or 
 some branch of it. Webster. An alder- 
 man is, in the strictest sense, a magistrate. 
 2 Sumner's R. 401. An American con- 
 sul at a foreign port is a magistrate. 13 
 Pick. B. 623. 
 
 MAGISTRATUS. Lat. [from magister, 
 a master.] In the civil law. A magistrate, 
 (Gr. dfxi'v.) Calv. Lex. A judicial officer 
 who had the power of hearing and' de- 
 termining causes, but whose office pro- 
 perly was to inquire into matters of law, 
 as distinguished from fact. HalUfax, 
 Anal. b. 3, c. 8. 
 
 Magistracy ; the office or place of a 
 magistrate. Id. 
 
 MAGNA ASSISA. L. Lat. In old 
 English law. The grand assise. Glanv, 
 lib. 2, c. 11, 12. See Grand assise. 
 
 MAGNA AVERIA. L. Lat. In old 
 pleading. Great beasts, as horses, oxen, 
 &c. Cro. Jac. 680. 
 
 MAGNA CHARTA, (or CARTA.) 
 L. Lat. [L. Fr. la Oraunde Chartre.] 
 The Great Charter. The celebrated char- 
 ter of English liberties, called by Spelman, 
 augustissimum Anglicarum libertatum di- 
 ploma et sacra anchora, granted by King 
 John, June 15, 1216, at Runningmede or 
 Runemede, and confirmed, with some 
 alterations, by Henry III. in the 9th year 
 of his reign. This charter of Henry III. 
 is the Great Charter which is always re- 
 ferred to as the basis of the English con- 
 stitution ; the charter of John being only 
 remembered as a monument of antiquity. 
 1 Reeves' Hist. Eng. Law, 209, 231. 
 Crabb's Hist. 133. The charter of Henry 
 is the oldest printed statute now extant in 
 England. 1 Bl. Com. 86. The original 
 charter of John is still preserved in the 
 British Museum. 
 
 Spelman, who has given a sketch of its 
 history in his Glossary, observes that it 
 was called Magna (Great) from its supe- 
 riority in size to the Charta de Foresta, 
 which was granted about the same time. 
 Other reasons for the name have, however, 
 been given. Cowell. Lord Coke has 
 written an elaborate commentary upon it in 
 his Institutes. 2 Inst. According to the 
 sanie author, it has been confirmed above 
 thirty times. Co. Litt. 81. 5 Co. 64. 
 
 Magna fuit MagnsB quondam reverentia CharttB. 
 Great was the reverence formerly paid to 
 the Great Charter. 2 Inst, prooem. 
 
 Magna Charta and the Carta de Foresta 
 have been carefully edited by Sir "William 
 Blackstone, with an Introductory Dis- 
 course, in which he has traced the history 
 of these charters from the original Articles 
 or heads of Agreement at the Congress in 
 Runningmede, upon which King John's 
 charter was founded, to their final establish- 
 
MAG 
 
 (170) 
 
 MAH 
 
 ment in the 29t]i year of King Edward the 
 First. 
 
 The documents printed in this valuable 
 edition are, 
 
 I. The original Articles of Magna Carta, 
 (Articuli Magne Carte Zibertatum, sub 
 sigillo Regis Johannis,') consisting of forty- 
 nine heads ; printed from the original 
 formerly in the possession of Bishop 
 Burnet. 
 
 II. The Magna Carta of King John 
 (framed from the foregoing articles) print- 
 ed from one of the Cottonian originals in 
 the British Museum, with various readings 
 taken from the other Cottonian original, 
 and the Eed Book of the Exchequer at 
 Westminster. 
 
 III. The Magna Carta granted in the 
 first year of Henry III. printed from 
 the original in the archives of the 
 cathedral at Durham, with various read- 
 ings from an entry in the Eed Book of 
 the Exchequer at Dublin. 
 
 IV. Another Magna Carta of Henry 
 III. granted A.D. 1217; printed from the 
 original in the Bodleian Library at Ox- 
 ford, with various readings from a MS. 
 chronicle of the city of London. 
 
 V. The Magna Carta of 9 Hen. IIL 
 printed from an original in the possession 
 of John Talbot, Esq., with various read- 
 ings from another original in the church 
 at Durham, an entry in the Eed Book of 
 the Exchequer at Westminster, a charter 
 of Inspeximus, 28 Edward I. in the archives 
 of Oriel College in Oxford, and another in 
 the archives of the collegiate church of 
 Westminster, and two enrolments in the 
 Tower of London. 
 
 VL The Carta de Foresta, 9 Henry III. 
 printed irom an original in the archives of 
 the cathedral at Durham, with various 
 readings from two charters of Inspeximus, 
 28 Edward I., and two enrolments in the 
 Tower of London. 
 
 VII. The Carta Confirmationis, 21 
 Henry III. 
 
 VIII. The Carta Confirmationis, 49 
 Henry III. 
 
 IX. The fifth chapter of the Statute of 
 Marleberge, 52 Henry III. 
 
 X. The Confirmatio Cartarum, 25 Ed- 
 ward I. 
 
 XL The first part of the Articuli super 
 Cartas, 28 Edward I. with some other 
 instruments illustrative of the subject. See 
 Blackstone' s Law Tracts. 
 
 MAGNA CULPA. Lat. In the civil 
 
 law. Great or gross fault. Magna Culpa 
 doing est. Gross fault is fraud. Dig. 
 50. 16. 226. Otherwise termed lata culpa, 
 
 MAGNA NEGLIGENTIA. Lat, In 
 the civil law. Great or gross negligence. 
 Magna ncgligentia cnlpa est, magna culpa 
 dolus est. Gross negligence is fault ; gross 
 fault is fraud. Dig. 50. 16. 226. 
 
 MAGNA PEECAEIA, L. Lat. In 
 old English law. A great or general reap- 
 day. Cowell. Blount, See Precaria, 
 
 MAGNA SEEJANTIA. L. Lat. In 
 old English law. Grand seijeanty. Fleta, 
 lib. 2, c. 4, § 1. 
 
 MAGNUM CAPE. L. Lat. In old 
 practice. Great or grand cape, Fleta, 
 lib. 6, c. 14, § 2. 1 Beeves' Hist, 418. 
 See Grand cape, 
 
 MAGNUM CENTUM. L. Lat. In 
 old records. The great hundred ; six-score, 
 or one hundred and twenty. Gart, 20 
 Hen, III. m. 1. Cowell, 
 
 MAGNUM CONCILIUM. L.Lat. In 
 old English law. The great council ; the 
 general council of the reahn ; afterwards 
 called parliament. 1 Bl, Com, 148. 1 
 Beeves^ Hist, 62. Spelman, 
 
 The king's great council of barons and 
 prelates. Spelman, CrahVs Hist, 228. 
 
 MAGNUS EOTULUS STATUTO- 
 EUM. L. Lat. The great Statute EoU. 
 The first of the English statute rolls, begin- 
 ning with Magna Charta, and ending with 
 Edward IIL Holers Hist, Com, Law, 
 16, 17. 
 
 MAGEE, Maugre, L. Fr. Against the 
 will; in spite of; notwithstanding. Kelham, 
 A contraction of mal gree, (q. v.) Used by 
 Littleton in its modern form, maugre, 
 Litt. sect. 672. 
 
 MAHEME, Maliem. L. Fr. Maihem. 
 Mritt, c. 25. 
 
 MAHEMIAEE. L. Lat. In old Eng- 
 lish law. To maim. Bract, fol. 144 b, 
 145. Mahemiator ; a maimer; the maimer. 
 Fleta, lib. 1, c. 40, § 4. 
 
 MAHEMIUM. L. Lat. In old Eng- 
 lish law. Maihem. Msh^amiradicipoterit, 
 ubi aliquis in aliqua parte sui corporis 
 effectus sit inutilis ad pugnandum ; it may 
 be called maihem, when any person is in 
 any part of his body disabled [made use- 
 less] to fight. Bract, fol. 145. Fleta 
 copies this passage with the following modi- 
 fication .• Mahemium did poterit, ubi aliquis 
 in aliqua parte sui corporis laesionem acce- 
 perit per quam effectus sit, &c. Fleta, lib. 
 1, c. 40, 
 
MAI 
 
 (171) 
 
 MAI 
 
 A blemish or fault. Fleia, lib. 2, c. 58, 
 8 6. See Id. lib. 1, c. 34, § 24. 
 
 MAHEREMIUM. L. Lat. In old 
 English law. Wood or timber. Fleta, 
 lib. 2, c. 41, § 9. 
 
 MAHLBRIEF. Germ. In maritime 
 law. A contract for the building of a 
 vessel, specifying the denomination and 
 size of the vessel, the time when she is to 
 be completed, and the time and manner of 
 payment. jacohsen^s Sea Laws, 2 — 8. 
 There is no corresponding term for this 
 contract in English. 
 
 MAIDEN. In Scotch law. An instru- 
 ment formerly used in beheading criminals. 
 It resembled the French guillotine, of which 
 it is said to have been the prototype. 
 Wharion^s Lex. 
 
 MAIDEN ASSIZE. In English prac- 
 tice. An assize at which no capital con- 
 viction takes place. In such a case, the 
 sheriff of the county presents the judges 
 with white gloves. Wharton's Lex. 
 
 MAIDEN RENTS. In English law. 
 A fine paid by the tenants of some manors 
 on their marriage, and said to have been 
 given to the lord for his omitting the cus- 
 tom of the marcheta, (q. v.) Cowell. 
 Blount. 
 
 A fine paid for license to marry a daugh- 
 ter. Id. 
 
 MAIHEM, Mayhem, Mahem, Maim. 
 [Ij. Fr. mahem, maheme ; L. Lat. mahe- 
 mium, m,aihemium, machamium, mecha- 
 mium ; Sc. mamie.^ In criminal law. The 
 violently depriving another of the use of a 
 member proper for his defence in fight. 
 3 £1. Com. 121. The violently depriving 
 another of the use of such of his members 
 as. may render him the less able in fighting, 
 either to defend himself or to annoy his 
 adversary. 4 Id. 205. Such as the cut- 
 ting off, or disabling or weakening a man's 
 hand or finger, or striking out his eye or 
 foretooth. Id. ibid. But breaking a molar 
 tooth, or cutting off an ear or nose, is no 
 maihem at common law, because they do 
 not weaken, but only disfigure him. Id. 
 206. These rules are taken, with very 
 little change, from Bracton. Bract, fol. 
 145. See -SnU c. 25. i^'toa, lib. l,c. 40. 
 Wharton's Am. Orim. Law, b. 4, ch. 4. 
 
 MAIHEMARE. L. Lat. In old Eng- 
 lish law. To maim. Keilw. 95. 
 
 MAIHEMIUM. L. Lat. In old crimi- 
 nal law. Maihem. Maihemium est mem- 
 bri mutilalio ; et did poierit ubi aliquis in 
 aliquA parte sui corporis effectus sit inutilis 
 
 ad pugnandum. Maihem is the mutilation 
 of a member ; and it may be called noaihem 
 when any person is in any part of his body 
 disabled from fighting. Co. Litt. 126. 
 This is a quotation from Bracton, who 
 writes the word mahemium, (q. v.) 
 
 Maihemium est inter crimina majora 
 minimum, et inter minora maximum. Mai- 
 hem is the least among the greater crimes, 
 and the greatest among the lesser. Co. 
 Litt. 127. 
 
 Mahemium est homicidium inchoatum. 
 Maihem is inchoate homicide. 3 Inst. 
 118. 
 
 MAIL, Maile, Maill. [plur. maills, meals, 
 mealis.'] Sc. In Scotch law. Rent; a 
 rent or tribute. A tenant who pays a rent 
 (firmarius,) is called a mail-payer, mailer 
 or mail-man. Skene de Verb. Sign. voc. 
 Firmarius. 
 
 MAILE, Maille, Maylle, Mail. L. Fr. 
 In old English law. A half-penny. Litt. 
 sect. 235, 565. Britt. c. 4, 30. LL. Gul. 
 Cong. 1. 4. 
 
 MAILE. In old English law. A tri- 
 bute, a rent. Spelman. See Black mail. 
 MAILLS AND DUTIES. In Scotch 
 law. The rents of an estate. BelVs Diet. 
 MAIMi An old form of maihem. 
 Finch's Law, b. 3, c. 12. 
 
 MAIN. Fr. [from Lat. manus.\ A 
 hand. More commonly written meyn, 
 (q. V.) 
 
 MAIN-A-MAIN. L. Fr. Immediately. 
 Kelham. 
 
 MAINABLE. L. Fr; Amenable; dis- 
 trainable. Kelham. 
 
 MAINBOUR, Manbumie. Fr. and Sax. 
 [from Fr. main, hand, and Sax. borh, 
 pledge.] In old French law. Pledge ; a 
 pledge or surety. Answering to the Sax. 
 handborow, (q. v.) and English mainprise, 
 (q. V.) Spelman. 
 
 MAINOUR, Manour, Meinour, Meynour, 
 Meynovere. L. Fr. [from manier, to handle.] 
 In old English law. A thing that a thief 
 takes away or steals. Cowell. A thing in 
 hand.* A thief was said to be " taken with 
 the mainour," when he was taken with the 
 thing stolen about him, or, as it were, in 
 his hand. Cowell. PI. Cor. 179, 149, 
 186, 194. Stat. Wesim. 1, c. 15. 2 Inst. 
 188. 4 Bl. Com. 307. 3 Id. 71. The 
 word seems to have corresponded with the 
 Sax. handhabend, (q. v.) The expression 
 " taken with the mainour,'' is a close trans- 
 lation of the cum manuopere captus of 
 Fleta, (lib. 2, c. 52, § 42,) and the pris ove 
 
MAI 
 
 (172) 
 
 MAJ 
 
 meynovere of tlie statute of 1 Hen. IV. c. 
 20 ; and Mr. Barrington considers meyno- 
 vere to be the true form of the word. 06s. 
 Stat. 350. A later form of the expression 
 was, " taken in the mainour (or manor.") 
 1 Show. 51. Comb. 159, 160. The word 
 mainour was afterwards corrupted into the 
 English manner; and the expression "taken 
 in the manner" occurs in some of the 
 books. GraWs Hist. 1 54, 
 
 MAINOVRE, Maynover. L. Fr. [from 
 main, hand, and oeuvre, work.J The labor 
 of the hand; manual labor. Cowell. But 
 see Meynovere. 
 
 MAINPERNABLE. In old English 
 law. That may be let to bail. Cowell. 
 
 MAINPERNOR, Maynpemour, Mein- 
 pemour, L. Fr. and Eng. [from main, hand, 
 and permor, taker; L. Lat. manucapior.^ 
 In old practice. A surety for a prisoner's 
 appearance ; a kind of bail taken under the 
 writ of mainprise. So called, from the 
 prisoner's being delivered into his hand. 
 Mainpernors, according to Blackstone, dif- 
 fer from bail, in that a man's bail may im- 
 prison or surrender him up before the 
 stipulated day of appearance ; mainpernors 
 can do neither, but are barely sureties for 
 his appearance at the day. Bail are only 
 sureties that the party be answerable for 
 the Special matter for which they stipu- 
 late; mainpernors are bound to produce 
 him to answer all charges whatsoever. 3 
 JBl. Com. 128. Other distinctions are made 
 in the old books. See Cowell. 
 
 MAINPRISE, Meynprise, Maynpryse, 
 Mainpris, Meynpris. L. Fr. aud Eng. [from 
 main, hand, and prise, a taking ; L. Lat. 
 manncaptio.~\ In old practice. The taking 
 or receiving a man into friendly custody, 
 that otherwise is or might be committed 
 to prison, upon security given for his forth- 
 coming at a day assigned. Cowell. The 
 old writ of mainprise was a writ directed 
 to the sheriff, (either generally, when any 
 man was imprisoned for a bailable offence, 
 and bail had been refused; or specially, 
 when the offence or cause of commitment 
 was not properly bailable below,) com- 
 manding him to take sureties for the pris- 
 oner's appearance, called mainpernors, 
 (q. v.) and to set him at large. 3 Bl. 
 Com. 128. 
 
 Security for debt. H trove mainpris d 
 payer le dett. Mem. in Scacc. H. 24 
 Edw. I. 
 
 MAINSWORN. In old English law. 
 Peijured or forsworn, with one's hand (Fr. 
 
 mam,) upon the book. Hob. 125. Said to be 
 peculiar to the North of England. Id. ibid. 
 
 MAINTAINOR. In criminal law. One 
 that maintains or seconds a cause depend- 
 ing in suit between others, either by dis- 
 bursing money, or making friends for either 
 party towards his help. Stat. 19 Hen. 
 VII. c. 14. Blount. One who is guilty 
 of maintenance, (q. v.) 
 
 MAINTENANCE. L. Fr. and Eng. 
 [from Fr. main, hand, and tener, to hold ; 
 L. Lat. manutentio, manutenentia.li In 
 criminal law. An officious intermeddling 
 in a suit that no way belongs to one, by 
 maintaining or assisting either party with 
 money, or otherwise, to prosecute or defend 
 it. 4 Bl. Com. 134. Termes de la Ley. 
 4 Kent's Com. 447, note. Literally, a tak- 
 ing in hand ; a bearing up, or upholding of 
 quarrels and sides, to the disturbance or 
 hindrance of ■ common right. Co. Litt. 
 368 b. Champerty is a species of mainte- 
 nance, and the terms are frequently used 
 together. See Champerty. 
 
 MAINTENANT. L. Fr. Presently. 
 lAtt. sect. 127. Kelkam. 
 
 MAIOR. An old form of mayor. Mem. 
 in Scacc. H. 22 Edw. L 
 
 MAIRE. . L. Fr. In old English law. 
 Mayor ; a mayor. An officer classed with 
 justices and sheriffs. E a nos justices, vis- 
 countes, e maires, e autres ministres. Conf, 
 Cartar. 25 Edw. I. 
 
 MAIRE, Mair. In old Scotch law. An 
 officer to whom process was directed. 
 Otherwise called " mair of fie [fee,"J and 
 classed with the "serjand." Skene de 
 Verb. Sign. voc. Recordum. 
 
 MAIRE, Maere. L. Fr. Mother. Old ' 
 forms of mere. 
 
 MAISTER. An old form of master. 
 See the' old treatise of the " Maisters of the 
 Chauncerie," in Hargrave's Law Tracts. 
 
 MAITRE. Fr. In French maritime 
 law. Master ; the master or captain of a 
 vessel. Ord. Mar. liv. 2, tit. 1, art. 1. 
 
 MAJESTAS. Lat. In the Roman law. 
 Majesty ; the sovereign authority of the 
 state. Hallifax, Anal. b. B, c. 12, num. 18. 
 The term was applied indifferently to that 
 person, or part of the people, where the 
 supreme authority rested. Tayl. Civ. 
 Law, 37. 
 
 An offence against sovereignty; more 
 commonly termed crimen majestatis, or 
 crimen Icesce majestatis. An offence com- 
 mitted against the Roman people, or against 
 its safety. Biff. 48. 4. 1. Cod. 9. 8. 
 
MAK 
 
 (173) 
 
 MAL 
 
 MAJESTIE. L. Fr. Majesty, or high 
 treason. A term used in the Mirror, taken 
 probably from the majestas of the Koman 
 law. Crabb's Hist. Eng. Law, 302. 2 
 Reeves' Hist. 349. 
 
 MAJOR. Lat. Greater; the greater. 
 Major numeTus in se continet minorem. The 
 greater number contains in^ itself the less. 
 Bract. io\.\^. 
 
 Majori summiB minor inest. In the gi-eater 
 
 Slim the less is included. 2 Kerais Com. 
 618. Story cm Agency^ % 172. 
 
 MAJOR. Lat. In the civil law. One 
 of full age. Big. 4. 4. 3. 1, 2. MaJQr 
 annis viginti quinque ; above twenty-five 
 years. Id, 4. 4. 43. This word has not, 
 like minor, been adopted in English, but 
 the French has majeure. 
 
 MAJOR. L. Lat. [Germ, jjitpr.] In 
 old English law, A mayor. Spelman. 
 See Custos. 
 
 Major et communitas j mayor and com- 
 monalty. 8 Co. 121 b. Le major et la 
 cominalty. Yearh. T. 10 Edw. IIL 3. 
 
 MAJOR ANNUS. Lat. The greater 
 year ; the bissextile year, consisting of 366 
 days. Bract, fol. 359 b. 
 
 MAJORES. Lat. In old English law. 
 Greater persons ; persons of higher con- 
 dition or estate. Stat. Marlbr. pr. Id. 
 c. 1. i?7cte, lib. 2, c. 47, §13. 
 
 MAJORA REGALIA. Lat. In feudal 
 law. The greater or higher prerogatives 
 of the crown. 1 Bl. Com. 241. 
 
 MAJUS. Lat. Greater. Majus est 
 delictum seipsum occidere quam aliiim ; it 
 is a greater crime to kill one's self than to 
 kill another. 3 Inst. 54. 
 
 Majus (lignum traliit ad sc minns dignum. 
 
 The more worthy draws to itself the less 
 worthy. Co. Litt. 43, 355 b. Bract, fol. 
 175. Noy'sMax. 6, max. 18. 
 
 Omne majus continet in se minus. Every 
 
 greater contains 'in itself the less. Win- 
 gate's Max. 206, max. 59. Story on 
 Aqeney, § 172. 
 
 MAJUS JUS. L. Lat. In old practice. 
 Greater right, or more right. A plea in 
 the old real actions. 1 Reeves' Hist. 476. 
 Majus jus merum;. more mere right. 
 Bract, fol. 31. 
 
 To MAKE. [Lat. facere ; Fr. /aire.] 
 To do or perform ; to do in form of law. 
 " To make oath" is to swear in a prescribed 
 form of law. " To make default" is to fail 
 to appear or answer. So in the old phrases 
 "to make the duel," "to make aline," "to 
 make law," <fec. 
 
 To MAKE. To have effect. "To 
 make for" a party, is to support him. 
 "That case makes forme." Hdrdr. 133, 
 arg. See Facere, Facit. 
 
 To MAKE FAITH. In old Scotch 
 law. To make oath ; to swear with the 
 right hand uplifted, that one will declare 
 the truth. 1 Forbes' /»«<. part 4, p. 235. 
 
 To MAKE LAW. [L. t&t. facere legem; 
 L. Fr. faire, or parfaire ley.^ In old Eng- 
 lish practice. To deny under oath the 
 statement or charge of a complaining party ; 
 such oath being supported by the oaths of 
 a certain number of persons called compsr- 
 gators. Blackstonc supposes the meaning 
 of this phrase to be, " to take the benefit 
 which the law has allowed." 3 Bl. Com. 
 341. But law, in this connection, seems to 
 have its ancient technical meaning of oath. 
 See Law, Lex, 
 
 To MAKE OVER. In conveyancing. 
 To transfer ; to put out of one's possession ; 
 to alienate. This expression corresponds 
 with the Gr. mttoieiv, (q. v.) 
 
 MAKING LAW. In old practice. The 
 formality of denying a plaintiff's charge 
 under oath, in open court, with compurga- 
 tors. One of the ancient methods of trial, 
 frequently, though inaccurately, termed 
 waging law, or wager of law. 3 Bl. Com. 
 341. It was the process of complying 
 with wager of law. See Wager of law. 
 
 MAKER. In mercantile law. The per- 
 son who makes a promissory note. Story 
 on Notes, § 3. 
 
 MAL DE VENUE. L. Fr. Illness in 
 coming. One of the old essoins. See 
 Malum. 
 
 MAL GREE. L. Fr. Against the will ; 
 without the consent. Bon gree ou mal 
 gree le tenant ; with the consent or with- 
 out the consent of the tenant. Britt. c. 41 . 
 Hence the single word malgre, and more 
 modern maugre, (qq. t.) See Oree. 
 
 MALA. Lat. [fern. sing, of malus, bad.] 
 Bad. See Malus. 
 
 MALA FIDES. Lat. Bad faith. The 
 opposite -of bona fides, (q. v.) MalA fide ; 
 in bad faith. Malce Jidei possessor; a 
 possessor in bad faith. 1 Mackeld. Civ 
 Law, 310, 311, § 289. 
 
 MALA GRAMMATICA. L. Lat. Bad 
 grammar. 
 
 Mala grammatica non ritiat chartam. 
 Bad grammar does not vitiate a deed 
 Wingate's Max. 18, max. 13. 9 Co 48 a' 
 2 Bl. Com. 379. Neither false English 
 nor bad Latin will destroy a deed, when 
 
MAL 
 
 (174) 
 
 MAL 
 
 the meaning of the party is apparent. Id. 
 ibid. The grammatical construction is not 
 always, in judgment of law, to be fol- 
 lowed. Broom's Max. 299, [535.] See 
 Bad English. 
 
 MALA PRAXIS. L. Lat. Mal-prac- 
 tice; unskilful management or treatment. 
 Particularly applied to the neglect or un- 
 skilful management of a physician, surgeon, 
 or apothecary. 3 Bl. Com. 122. This is 
 a great misdemeanor and offence at com- 
 mon law. Id. ibid. 1 Ld. Raym. 214. 
 
 MALA TOLTA. L. Lat. [L. Fr. mal 
 toltI\ In old English law. An evil, un- 
 just or oppressive toll or tax ; a thing un- 
 justly taken, {res injuste ablata, seu (ut 
 tunc loquebantur,) tolta vel tulta. Du- 
 fresne, Gloss, voc. Tolta mala. 
 
 MALA. Lat. [pi. of malum, had.] 
 Bad or evil things ; offences ; wrongs. 
 See infra. 
 
 MALA IN SE. L. Lat. Wrongs in 
 themselves ; acts morally wrong ; offences 
 against conscience. 1 Bl. Com. 67, 68. 
 4 Id. 8. 
 
 MALA PEOHIBITA. L. Lat. Pro- 
 hibited wrongs or offences ; acts which are 
 made offences by positive laws, and pro- 
 hibited as such. 1 Bl. Com. 57, 68. 4 
 Id. 8. 
 
 MALE. Lat. [from mains, bad.] Bad- 
 ly ; unfavorably. See Male creditus. 
 
 MALE. L. Fr. [from Lat. mains, bad.] 
 Bad ; ill. See Malefeasance, Maletolt. 
 
 MALE CREDITUS. L. Lat.' In old 
 English law. Unfavorably thought of ; in 
 bad repute or credit. Bract, fol. 116, 154. 
 
 laledicta est eipositio quee corrumpit 
 textum. That is a cursed interpretation 
 which corrupts the text. 4 Co. 35 a, Bo- 
 zoun's case. Broom's Max. 268, [480.] 
 
 MALEFACTOR. Lat. [from malefacere, 
 to do wrong.] In old English law. A 
 wrong-doer; an offender; a criminal; a 
 convicted criminal. Bract, fol. 104 b. 
 Fleta, lib. 1, c. 20, §§ 35, 120. 
 
 MALEFEASANCE, Malfeasance, Mal- 
 fesance, Malfeazance, Malfaisance. L. Fr. 
 and Eng. [from male, ill, and faisance, a 
 doing ; Lat. maleflcium.^ A doing of evil ; 
 ill conduct ; the doing of what one ought 
 not to do. Cro. Jac. 266. 1 Tidd's 
 Fr.i. 
 
 MALE FAME. L. Fr. Bad character. 
 Stat. Westm. 1, c. 12. 
 
 MALEFieiUM. Lat. [from malefacere, 
 to do wrong.] In the civil law. Wrong- 
 doing ; wrong ; tort ; the commission of an 
 
 offence ; malfeasance. Inst. 4. 1, Tpr. Brad. 
 fol. 99, 101, 103. 
 
 •Maleficia propositis distingnnntor. Evil 
 deeds are distinguished from evil purposes. 
 Jenk. Cent. 290, case 9. This is the trans- 
 lation given in Branch's Principia; but as 
 used by Jenkins, the proper translation 
 seems to be> " Wicked deeds are dis- 
 tinguished by their purposes." The put- 
 ting of ratsbane to kill vermin is not felony, 
 although a man should take it and die of 
 it. Jenk. Cent. ub. sup. 
 
 MALETOLT, Mal toll, Maletot, Male 
 tonte. L. Fr. [L. Lat. mala tolta, q. v.] 
 In old English law. An undue or exces- 
 sive toll, tribute or imposition. Called in 
 Magna Charta (9 Hen. III. c. 30 ; Johan. 
 c. 41,) malum toltum, or mala tolta, an 
 evil toll.. Lord Coke translates it male 
 tent. Stat, de Tallagio non concedendo, 
 c. 3. See Barr. Obs. Stat. 174. 
 
 MALETOUTE. L. Fr. [L. Lat. mala 
 tolta.^ In old English law. A tax of 
 40s. on every woolsack exported. Blackst. 
 Mag. Cart. Intr. xciv. See Conf. Cartar. 
 25 Edw. I. This word was not always 
 used in a bad sense. Outre le droiturel 
 maletoute de demy marke ; over and above 
 the rightful custom of half a mark. Rot. 
 Pari. 27 Edw. IIL See 2 How. State 
 Trials, 425. 
 
 MALFETRIA. Span. In Spanish law. 
 Offence. White's New Becop. b. 2, tit. 1 9, 
 c. 1, § 1. 
 
 MALICE. L. Fr. and Eng. [from Lat. 
 malitia, q. v.] In criminal law and gene- 
 ral practice. Wickedness of purpose ; a 
 spiteful or malevolent design against 
 another; -a settled purpose to injure or 
 destroy another. 
 
 Any formed design of doing mischief. 
 1 Hale's P. C. 455, (Am. ed. note.) 2 
 Stra. 766. — Any evil design in general. 
 4 Bl. Com. 198. — A disposition or in- 
 clination to do a bad thing, {nn disposition a 
 faire un male chose.) 2 Boll. B. 461. — 
 General wickedness of heart ; inhuman 
 or reckless disregard of the lives or 
 safety of others, as when one coolly dis- 
 charges a gun, or throws any danger- 
 ous missile among a multitude of people, 
 or strikes, even upon provocation, with 
 a weapon that must produce death.* 4 
 Bl. Com. 199, 200. See U. S. Digest, 
 Homicide. Whart. Am. Cr. Law, §§ 944 — 
 967. 
 
 Deliberate disregard of the rights of 
 others ; as when one carries on the trade 
 
MAL 
 
 ( 175 ) 
 
 MAL 
 
 of melting tallow, to the annoyance of the 
 neighboring dwellings. Abbott, C. J. 
 3 Barn. & Qress. 584. 
 
 Wilfulness. 4 Mason's R. 115. The 
 doing any act without a just cause. 1 
 Chitt. Gen. Pr. 46. Otherwise called 
 malice in law. Pollock, C. B. 12 Mets. & 
 W. 181. 2 Oreenl. Ev. § 453. Malice, 
 in the legal acceptation of the word, is 
 not confined to personal spite against in- 
 dividuals, but consists in a conscious vio- 
 lation of the law, to the prejudice of 
 another. Lord Campbell, 9 CI. «6 Fin. 
 321. Malice, in its legal sense, means a 
 wrongful act done intentionally, without 
 just cause or excuse. Bailey, J. 4 Barn. <& 
 Cress. 255. Shaw, C. J. 9 Metcalfs R. 93, 
 104,105. I Qreerd.JEv.%U, noifi. And 
 malice may not only be presumed from 
 the total absence of probable cause, but 
 also from gross. and culpable negligence in 
 omitting to make suitable and reasonable 
 inquiries. Story, J. 3 Story's R. 1, 1. 
 
 MALICE AFORETHOUGHT, other- 
 wise called MALICE PREPENSE. [L. 
 Lat. malitia prcecogitata.^ In criminal law. 
 Malice previously and deliberately enter- 
 tained. This is essential to constitute the 
 crime of murder. 4: Bl. Com. 198. 
 
 MALICIOUS ABANDONMENT. In 
 criminal law. The desertion of a wife or 
 husband without just cause. 
 
 MALICIOUS INJURY. In criminal 
 law. An injury committed out of spite or 
 ill-will against another ; an injury com- 
 mitted wantonly, wilfully, or without 
 cause.* 1 Chitt. Qen. Pr. 136. 
 
 MALICIOUS PROSECUTION. In 
 practice. The procuring the indictment 
 or arrest of a person, maliciously and 
 without probable cause. 3 Chitt. Bl. 
 Com. 126. 1 Arclib. N. Prius, 446. 3 
 Story's R. \. U. S. Digest, Malicious 
 Prosecution. 
 
 MALITIA. Lat; [from malus, bad.] 
 In criminal law. An express evil design. 
 4 Bl. Com. 199. Wickedness of purpose; 
 malice. See Malice. Malitia excogitata; 
 meditated malice. Fleta, lib. 1, c. 28, 
 § 16. Malitia prcecogitata ; malice afore- 
 thought, evil intended beforehand. 4 Bl. 
 Com. 198, 200. 
 
 Malitia sapplet Ectatem. Malice sup- 
 plies [or makes up for] age ; wickedness of 
 design supplies the want of age. Dyer, 
 104 b. An infant between the ages of 
 seven and fourteen may be guilty of felony 
 and punished capitally, if shown to be 
 
 possessed of a mischievous discretion, or 
 to be doli capax. 1 Bl. Com. 464, 465. 
 4 Id. 22, 23, 212. Broom's Max. 149, 
 [232.1 
 
 fflalitiis Jiomimim est obTiandnm. The 
 
 wicked or malicious designs of men must 
 be thwarted. 4 Co. 15 b. 
 
 MALITIOSE. L. Lat. In old English 
 law. Maliciously. Comb. 116. 
 
 MALLARE. L. Lat. [from mallum, 
 q. v.] In old European law. To cite or 
 summon to court, [in mallum vocare.) 
 L. Salic, tit. 52, § 2. Z. Alaman. tit. 36, 
 § 3. L. Boior. tit. 1, c. 11, § 2. Spelman. 
 
 MALLOBERGIUM. L. Lat. [from 
 mallum, a court, and bergium, Isorough, 
 city or people.] In old European law. A 
 meeting of the people in public or general 
 assembly. Spelrrian. 
 
 MALLUM, Mallus. L. Lat. In old 
 European law. A court of the higher 
 kind, (placitum majus,) in which the more 
 important business of the county was dis- 
 patched by the count or earl, (comes.) 
 Spelman. L. Alaman. tit. 36, § 3. For- 
 mul. Solen. 173. 
 
 A public national assembly. 1 Rob. 
 Charles V. Appendix, note xl. 
 
 Spelman considers this word to be of 
 Saxon origin, but the radical import of it 
 to be doubtful. The Sax. mcel has the 
 several meanings of an assembly, a plea or 
 plaint, law or judgment, and a banquet. 
 
 MALT TAX. An excise duty upon 
 malt in England. 1 Bl. Com. 313. 2 
 Steph. Com. 581. 
 
 MAL-TOLTE. Fr. In old French 
 law. A term said to have arisen from the 
 usurious gains of the Jews and Lombards, 
 in their management of the public revenue. 
 Steph. Led. 372. 
 
 MALUM. Lat. Evil; wickedness; an 
 evil ; an offence or wrong. 
 
 Malum non praesiiinitur. Wickedness is 
 
 not presumed. Branch's Princ. 4 Co 
 72 a. 
 
 Malum quo communius eo pejus. The 
 more common an evil is, the worse it is. 
 Branch's Pr. 
 
 MALUM. L. Lat. [L. Fr. mal.'\ In 
 the old law of essoins. A misfortune ; an 
 infirmity ; a sudden indisposition, by which 
 a party was prevented from appearing in 
 court when summoned. See Fssoin. 
 
 Malum lecti; (Fr. mal de lit ;) misfor- 
 tune or sickness of bed ; that kind of in- 
 firmity or indisposition by which a party 
 was confined to his bed; ordinary sickness 
 
MAN 
 
 (176) 
 
 MAN 
 
 or indisposition. Spelman. Bract, fol. 
 344 b. See De malo lecti, Essoin. 
 
 Malum veniendi ; (Fr, mal de venue.) 
 misfortune or sickness of [in] coming; 
 sickness or accident happening to a party 
 on Lis way to court. Bract, fol. 339, et seq. 
 Called by Spelman, malum vim. Spelman, 
 voc. Essoniare. 
 
 MALUM. Lat. In the Eoman law. 
 A mast; the mast of a ship. Big, 60. 17. 
 242, pr. Held to be part of the ship. 
 Id, ibid. 
 
 MALUM IN SE. Lat. A wrong in 
 itself; an act or case involving illegality 
 from the very nature of the transaction, 
 upon principles of natural, moral and pub- 
 lic law. Story on Agency, § 346. Other- 
 wise called malum per se. Vaugh. 332. 
 
 MALUM PEOHIBITUM. Lat. A 
 wrong prohibited ; an act prohibited as 
 wrongful; an act involving an illegality 
 resulting from positive law. Story on 
 Agency, § 346. See Vaugh. 330, 332, 368. 
 
 MALUS. Lat. Bad; evil; wicked; 
 unlawful. 
 
 Mains usus abolendus est. A bad or in- 
 valid custom is [ought] to be abolished. 
 Litt. sect. 212. Co. Litt. 141. 1 Bl. 
 Com. 16. Broom's Max. 418, [lis.] The 
 qualities of a good custom are enumerated 
 by Blackstone, ub. sup. "Every use is 
 evil that is against reason." Co. Litt. 
 141 a. 
 
 MALVEILLES. L. Fr. Misdemean- 
 ours. Kelham. Cowell. 
 
 MALVEIS, Malveys. L. Fr. In old 
 practice. Bad ; defective ; faulty. Mal- 
 veis briefs. Tearb. T. 6 Edw. IE. 23. 
 H. 2 Edw. II. 33. 
 
 MALVEIS PEOCUEOUES. L. Fr. 
 A term applied, in old statutes, to those 
 who used to pack juries by nomination or 
 other practice. Artie, sup. Chart, c. 10. 
 2 Inst. 561. 
 
 MALVEESATION. [from Lat. male, 
 ill, and versari, to behave.] Evil conduct ; 
 misconduct ; corruption or extortion in of- 
 iicG W chstCT 
 
 MAMIUM. ' L. Lat. In bid English 
 law. Maihem or maim ; mutilation. Keilw. 
 95. 
 
 MAN. [Lat. homo.] In feudal law. 
 A vassal; a tenant or feudatory. The 
 Anglo-Saxon relation of lord and man was 
 originally purely personal, and founded on 
 mutual contract. 1 Spence's Chancery, 37. 
 
 MANAGIUM. L. Lat. [from L. Fr. 
 manage, a dwelling.] In old records. A 
 
 mansion house, or dwelling place. Cowell. 
 Blount. 
 
 MANASSE. L. Fr. In old English 
 law. Menace; threat. Keilw. 62 b. 
 
 MANBOTE. Sax. [from man, vassal, 
 and bote, compensation.] In Saxon law. A 
 pecuniary compensation paid to a lord for 
 killing his man, that is, his vassal or tenant. 
 LIi. Ince, c. 76, Spelman. LL. Gul. 
 Cong. 1. 8. 
 
 MANGA. L. Lat. [Sax. manes.] A 
 Saxon coin of the value of thirty pence. 
 Spelman, voc. Mancusa. 
 
 MANCAEE. L.Lat. In old European 
 law. To mutilate. L. Alam. tit. 12, § 1. 
 Spelman. 
 
 MANCEPS. Lat. In the Eoman law. 
 A purchaser, one who took the article sold 
 in his hand, (qui manu cepit ;) a formality 
 observed in certain sales. Calv. Lex. 
 Adam's Mom. Ant. 55. See Mancipatio. 
 
 A farmer of the public taxes. Id. 
 
 MANCIPAEE. Lat. [from manus, hand, 
 and capere, to take.] In the Eoman law. 
 To sell, alienate or make over to another; 
 to sell with certain formalities. See Man- 
 cipatio. 
 
 To sell a person; one of the forms ob- 
 served in the process of emancipation. ' See 
 Emancipation. 
 
 MANCIPATIO. Lat. [from mancipare, 
 q. v.] In the Eoman law. A kind of sale 
 in the presence of five witnesses, accom- 
 panied with delivery of possession or sei- 
 sin ; the purchaser taking the thing sold 
 in his hand. It took place among Eoman 
 citizens only, and was confined to certain 
 property called res mancipi or mancipia. 
 Calv. Lex. Adam's Rom. Ant. 55, 58. 
 
 The imaginary sale of a son in the cere- 
 mony of emancipation ; so called, because 
 the natural father gave over (mancipabat, 
 i. e. manu tradebat) his son to the pur- 
 chaser, adding these words, Mancupo tibi 
 hunc filium qui meus est. Adam's Rom. 
 Ant. 52. Cooper's Just. Inst. Notes, *442, 
 443. 
 
 MANCIPI EES. Lat. In old Eoman 
 law. A name given to one of the leading 
 divisions of private property, the precise 
 meaning of which is not- settled. Ulpian 
 defines or describes it as embracing estates 
 in Italy, (prcedia in Italico solo^ which 
 were acquired by mancipation, usucapion 
 or adjudication, ■ those rights of country 
 estates called servitudes, slaves and work- 
 ing animals. 'Calv. Lex. Gibbon explains 
 it to mean things originally taken in war 
 
MAN 
 
 (177) 
 
 MAN 
 
 {manu capti,) and whiot were sold in the 
 particular form called mancipatio, in order 
 to assure the purchaser that they had been 
 the property of an enemy, and not of a 
 fellow citizen. 3 Gibbon's Bom. JEmp. 176, 
 (Am. ed. 1844.) 
 
 MANCIPIUM. Lat. In the Koman 
 law. A slave ; so called, because taken 
 from the enemy by hand, {quod ab hostibus 
 manu capiantur.) Dig. 1. 6. 43. Inst.l. 
 3. 3. God. 4. 66, 57. 1 Bl. Com. 423. 
 
 A sale. The same as mandpatio, (q. v.) 
 
 MANCOMUNAL. Span. In Spanish 
 law. An obligation is said to be manco- 
 munal, when one person assumes the con- 
 tract or debt of another, and makes himself 
 liable to pay or fulfil it. Schmidt's Civ. 
 Law, 120. 
 
 MANCUS. L. Lat. In Saxon law. A 
 coin of the value of thirty pence, or 7s. 6d. 
 Spelman. 
 
 MANDAMIENTO. Span. In Spanish 
 law. Commission ; authority or power of 
 attorney. A contract of good faith, by 
 which one person commits to the gratuitous 
 charge of another, his affairs, and the latter 
 accepts the charge. White's New Mecop, 
 b. 2, tit. 12, c. 1. 
 
 MANDAMUS. Lat. (We command.) 
 In practice. A writ which issues out of 
 a superior court, directed to any person, 
 corporation, or inferior court, requiring 
 them to do some particular thing therein 
 specified, which appertains to their office 
 and duty, and which the court issuing it 
 has previously determined, or at least sup- 
 poses to be consonant to right and justice.* 
 3 Bl. Com. 110. It is a high prerogative 
 writ, and of a most extensively remedial 
 nature. Id. ibid. Cowen, J. 4 Hill's 
 (N. Y.) R. 581. It is used principally for 
 public purposes, and to enforce the per- 
 formance of public rights or duties.; as to 
 compel inferior courts to do some act be- 
 longing to their duty in order to prevent a 
 delay or denial of justice ; to compel the 
 admission or restoration of the applicant to 
 any office or franchise of a public nature, <fec. 
 It lies, however, to enforce some private 
 rights when withheld by public officers, as 
 to compel a clerk to record a deed, to 
 compel a corporation to exhibit their books 
 to a corporator, and the like. 3 Bl. Com. 
 110,264. Z Steph. Com. 6%\. Seethe 
 cases in which it lies enumerated in 1 Ohitt. 
 Qen. Pr. 789 — 806. United States Digest, 
 Mandamus. In general, it can be properly 
 employed only where a party has a legal 
 
 Vol. IL 
 
 right, and there is no other adequate legal 
 remedy ; and it does not lie where a party 
 has a remedy by action. 2 Gowen's B. 
 444. 18 WmdelVs B. 675. 21 Id. 20. 
 2 Hill's (N. Y.) B. 45. 6 Id. 616. 6 Id. 
 243. And it can issue only in cases where 
 the act to be done is merely ministerial, 
 and with regard to which, nothing like 
 judgment or discretion in the performance 
 of his duties is left to the officer. 17 How- 
 ard's B. 284. 
 
 A mandamus has been held to be a suit, 
 within the Constitution of the United 
 States ; for it is a litigation of a right in a 
 court of justice, seeking a decision. 2 
 Peters' B.U9. 14 /c?. 564. 
 
 The writ derives its name from its em- 
 phatic word, when framed in Latin ; Nos 
 igitur — tibi mandamus, firmiter injungen- 
 do, &c. See Bohun's Instit. Leg. 163. 
 
 M ANDANS. Lat. [from mandare, q. v.] 
 In the civil law. One who gives a thing 
 in charge to another; one who requires, 
 requests or employs another to do some 
 act for him. Inst. 3. 27. 1, et seq. 
 
 MANDANT. Fr. [from Lat. mandans, 
 q. v.] In French and Scotch law. The 
 employing party in the contract of man- 
 datum, or mandate. Story on Bailm. 
 §138. 
 
 MANDARE. Lat. In old practice. 
 To command. Hence the term mandamus, 
 {a. V.) although prcecipere or prcecipimus, 
 (qq. V.) was the usual word in writs. 
 
 To commit. Mandare executioni; to 
 commit to execution, to put in execution. 
 Gierke's Prase. Gur. Adm. tit. 58, 59. 
 
 To make return to a writ. Si fraudu- 
 lenter manda^it quod ills qui attachiari 
 debuit non fuil inventus in ballivd, sud ; if 
 he has fi-auJulently returned that he who 
 ought to be attached was not found in his 
 bailiwick. Bract, fol. 441 b. Si vice comes 
 maadavsrit; if the sheriff have returned. 
 Stat. Weslm. 2, c. 9. 
 
 In the civil law. To give in charge ; to 
 commit to one's care ; to request another 
 to do some act for one. Dig. 17. 1. 2. 
 ftui mandat ipse fecisse videtnr. He who 
 requests [another to do an act for him] is 
 supposed to have done it himself. Story 
 on Bailm. § 147. 
 
 Mandata lieita recipiunt strictam intcr- 
 pretationem, sed lllicita latam et extensam, 
 Lawful commands receive a strict inter- 
 pretation, but unlawful commands a broad 
 and extended one. Bac. Max. reg 16 
 
 MANDATAIRE. Fr. In French law 
 12 
 
MAN 
 
 (178) 
 
 MAN 
 
 A person employed by another to do some 
 act for him ; a mandatary. Pothier, Tr. 
 de Mandat, art. prel. n. 1. 
 
 MANDATAKIUS. Lat. [from man- 
 dare, q. v.] In the civil law. A manda- 
 tary, landatarius terminos sibi posilos 
 transgredi non potest. A mandatary can- 
 not exceed the limits assigned him. Jenle. 
 Cent. 53. 
 
 MANDATARY. [Lat. mandatarius, 
 from mandare, q. v.] One to whom a 
 charge or commandment is given. Cowell. 
 
 In the law of bailment. One who is 
 employed by another to do some act for 
 him without reward, in regard to some per- 
 sonal property bailed or delivered to him.* 
 One who undertakes to do an act for 
 another, without reward. 2 Kenfs Com. 
 569, 570. 
 
 MANDATE, [from Lat. mandaium, 
 q. v.] A kind of bailment when one un- 
 dertakes, without recompense, to do some 
 act for another, in respect to the thing 
 bailed. 2 Kent^s Com. 568. — A bailment 
 of goods without reward, to be carried 
 from place to place, or to haVe some act 
 
 Frformed about them. Story on Bailm. 
 ^ Jones on Bailm. 36. It is also 
 called, after the civil law, mandaium, 
 (q. V.) The word mandate is borrowed 
 from the Scotch law. See BelVs Diet. 
 In old English law, the word command- 
 ment was used. 2 Leon. 75. 
 
 In practice. A judicial command ; that 
 part or clause '=of a -writ containing the 
 words " We command you," &c. 
 
 MANDATO. Span, [from Lat. mandor 
 tum, q. v.] In Spanish law. The con- 
 tract of mandate. Escrich^, Dicconario 
 Sazonado. Schmidt'' a Civ: Law, 197. 
 
 MANDATOR. Lat. [frcJi^ mandare, 
 q. v.] In the civil law. One tvho gives a 
 thing in charge to another; one who em- 
 ploys another to do some aet for hitn in 
 regard to property bailed.* Cod. 8. 41. 
 10. Story on Bailm. § 138. Called, also, 
 mandans, (q. v.) In old English law, a 
 commander. 2 Leon. 75. 
 
 MANDATUM. Lat. [from mandare, 
 q. v.] In the civil law. That kind of 
 bailment in which the one party [man-^ 
 dans,) gives something in charge (mandai,) 
 to the other to do for him ; and the latter 
 (mandatarius,) undertakes to do the act 
 without recompense.* Jnst. 3. 27, pr. 
 et per tot. Biff. 17. 1. Cod. 4. 86. 2 
 Kent's Com. 568. Story on Bailm, § 137. 
 Jones on Bailm, 36, 
 
 In old practice. The mandate or war- 
 rant of a court. Clerhe's Prax. Cur, Adm. 
 tit. 1, 9. 
 
 MANDAVI BALLIVO. L. Lat. (I 
 have commanded, or made my mandate to 
 the bailiff.) In English practice. The 
 return made by a sheriff, where the bailiff 
 of a liberty has the execution of a writ, 
 that he has commanded the bailiff to exe- 
 cute it. 1 Tidd'g Pr. 309. 2 Id. 1025. 
 
 MANELETA. L. La,t. l^c. guld:\ In 
 old Scotch law. A noxious weed growing 
 among corn or grain. Skene de Verb. Sign. 
 
 MANENS, (plur. MANENTES.) L. 
 Lat. [from manere, to remain or stay.] In 
 Saxon and old English law. A kind of 
 tenant inhabiting a manse, {mansi incola ;) 
 an agricultural tenant, (qui hydan colit.) 
 Spelman. The oeorls are mentioned in the 
 later Anglo-Saxon charters, under the name 
 of manentes. 1 Spence's Chancery, 50. 
 
 MANERA. Span. In Spanish law. 
 Manner or mode. (Lat. modus.) Las Par- 
 tidas, part. 4, tit. 4, 1. 2. 
 
 MANERIIJM. L. Lat. [from manure, 
 to remain or abide.] In old English law. 
 A manor. Spelman. Bract, fol. 434. 
 See Fleta, lib. 6, c. 51. Manerium dicitur 
 a manendo, secundum excellentiam ; sedes 
 magna, fixa et stabilis. It is called manor 
 (maneriuni,) from mariendo, (abiding,) par 
 excellence ; a large seat or place of abode, 
 fixed and permanent. Co. Litt. 58 a. It 
 might consist of several vills or hamlets. 
 Fleta, lib. 4, c."l5, § 9. Id. lib. 6, c. 51. 
 Bract, uh. sup. 
 
 A manor house. Spelman. See Manor. 
 
 MANIFEST. In commercial law. One 
 of a ship's papers, containing a specifica- 
 tion of the nature and quantity of the 
 cargo laden, the place where it was taken 
 on board, and the port for which it is 
 destined, with other particulars ; some- 
 times called a sea-letter.* Jacobsen's Sea 
 Laws, 301. This paper is expressly re- 
 quired for the custom-house by the Eng- 
 lish and American statutes, which pre- 
 scribe its form and contents. Stat. 3 & 4 
 Will. IV. c. 52. Act of Congress, March 
 2, 1799. 1 Laws of U. S. (Story & Shars- 
 woo'd's ed;) 573, 593. 
 
 MANIFESTUS. Lat. Clear; evident; 
 manifest. 
 
 ffianifesta probatione non indigent. Mani- 
 fest things need no proof. 7 Co. 40 b. 
 Bedell's case. 
 
 MANIFICUS. L. Lat. [from manus, 
 hand, and facere, to do.] In old English 
 
MAN 
 
 (179) 
 
 MAN 
 
 law. Done with the hand ; manual. Opus 
 manifieum ; manual wort, such as making 
 a hedge or ditch, ploughing, &c. Fleta, 
 lib. 2, c. 48, § 3. 
 
 MANNER. A thing stolen, in the 
 hand of the thief; a corruptioia of mai- 
 nour, (q. V.) 
 
 MANNING. [Sax. maninge.] A trans- 
 lation of mannina; a term used in the 
 barharian codes to denote a summons or 
 summoning to court. Spelman, voc. 
 Mannina. 
 
 In old records. A day's work of a man. 
 Cowell. 
 
 MANNIRE. L. Lat. [from Sax. ma- 
 nje«, to summon.] In old European law. ' 
 To cite or summon to court, {in legem, vo- 
 care.) L. Salic, tit. 1, §§ 1, 2, 3. Spelman. 
 
 MANOPERA, MANOPUS. L. Lat. 
 
 (from manus, hand, and opera, opus, work.] 
 n old European law. Work done by 
 hand, [quod manu perficitur ;) manual 
 labor. Spelman. The same with opiLs 
 manifieum. See Manifixus. 
 
 In old English law. A day's work. Id,. 
 Used also as the barbarous Latin for mai- 
 nour, (q. V.) Cowell. 
 
 MANOR. [L. Fr.. maner, manoir, ma- 
 neire; L. Lat. mdnerium, q. v.] In Eng- 
 lish law. A feudal estate of a noble kind 
 (feodum nobile,) granted partly to tenants 
 in consideration of certain services, and 
 partly reserved to the lord for the use of 
 his family, with a jurisdiction over the 
 tenants for the lands granted them ; for- 
 merly called a barony, and in modern 
 times a lordship, [dominium.) Spelman.' 
 — A district of ground held by a loid. -or^ 
 great personage, who kept to him^lf suoi 
 parts of it as were necessary fbi' his^wn 
 use, which were called terrce dominjMes or 
 demesne lands, and distribjrted tie rest to 
 freehold tenants, to be b«fd of him in per- 
 petuity. 1 Steph.„dom.^AQ2. 2 Bl. 
 Oom. 90. See 1 CrahVrReal Prop. ^1, 
 § 88. See Flet;^, lib. 2, cc. 72—88, for a 
 minute descri{*tion <?/ a manor and manor 
 life in England, abpat the tim e of Edward I. 
 
 A franchise, or right to hold courts and 
 have suit and service rendered, or quit 
 rents paid by copyholders and others. 1 ' 
 Chitt. Gen. Pr. 166. 
 
 In the United States, a manor is a tract 
 of land occupied by tenants who pay a fee- 
 farm rent to the proprietor, sometimes in 
 kind ; and sometimes perform certain 
 stipulated services. In the province of 
 New- York, large tracts of land were for- 
 
 merly granted as manors, with all the 
 manorial rights and incidents. In the 
 county of Westchester were the manors of 
 Fordham, Pelham, Scarsdale, Philipsburg, 
 Cortlandt and others. The manorial ten- 
 ures in other parts of the State have occa- 
 sioned much litigation, but have, with some 
 modifications, continued to the present day. 
 
 Spelman derives this word, through the 
 L. Lat. manerium, from manendo, (remain- 
 ing, or abiding,) because the lord was ac- 
 customed to reside permanently (manere) 
 on the manor as well as the tenants ; and 
 hence the latter were anciently called 
 manentes. Lord Coke suggests the same 
 etymology, though he prefers another from 
 the Fr. mesner, to guide, the tenants being 
 under the lord's guidance and direction. 
 Co. Litt. 58 a. Co. Cop. sect. 31. See 
 Manerium. 
 
 MANRENT. In Scotch law. The ser- 
 vice of a man or vassal. A bond (band or 
 letter) of manrent was an instrument by 
 which a person, in order to secure the pro- 
 tection of some powerful lord, bound him- 
 self " in manrent and service to be leil and 
 trew man and servant" to such lord, speci- 
 fying the services. Sir Walter Scott, who 
 has given some forms of these bonds, ob- 
 serves that the proper spelling is manred. 
 Minstrelsy of ScottiA Border, "Lord Max- 
 well's .Goodnight." Skene calls homage 
 "a band . of jnan-rent." Be Verb. Sign. 
 voc. Homa^um. 
 
 MANSA. L. Lat. The same as man- 
 sus,U V.) 
 
 ^MANSE. [L. Lat. mansa, mansus, man- 
 ^um, qq. v.] In old English law. A habi- 
 tation or dwelling, generally with land at- 
 tached. Spelman, voc. Mansus. 
 
 A residence or dwelling-house for the 
 parish priest, (mansus preshyteri ;) a par- 
 sonage or vicarage house. Paroch. Ant. 
 431. Cowell. Still used in Scotch law, 
 in this sense. BelPs Diet. 
 
 MANSELLUM. L. Lat. In old Euro- 
 pean law. A little manse or dwelling. 
 Marculf. lib. 2, form. 36. Spelman. 
 
 MANSIA. L. Lat. In Saxon law. A 
 dwelling ; a country habitation, (sedes rus- 
 tica ;) embracing not only buildings, but 
 suflScient land for the support of a family. 
 Chart. Beg. Kenulph. cited in Spelman. 
 
 MANSIO. L. Lat. [from manere, to 
 stay.] In old European law. An inn ; a 
 place of entertainmeot and accommodation 
 for travellers. Capitul. Carol, lib. 6 c. 81. 
 Formul. Solen, 33. Spelman. ' 
 
MAN 
 
 (180) 
 
 MAN 
 
 'In old English law. A dwelling; a 
 mansion ; which might be constructed of 
 several houses, (mansio esse poterit corir- 
 structaexpluribusdomibus.) Bract, fol. 434. 
 See the distinction between mansio and 
 manerium. Id. ib. Fleta, lib. 6, c. 61. 
 
 MANSION, [from Lat. mansio, q. v.] 
 A dwelling-house. 1 Chitt. Gen. Pr. 167. 
 In old English law. Eesidence ; dwell- 
 ing. " Mansion or habitation will not 
 indenize him." Bacon^s Arg. Case of the 
 Postnati of Scotland, Works, iv. 328. 
 
 MANSION-HOUSE, in its common 
 sense, not only includes the dwelling-house, 
 but also all out-houses, as barn, stable, 
 cow-house, dairy-house, if they be parcel 
 of the mansion, though they be not under 
 the same roof, or joining or contiguous to 
 it. male's P.O. 558, &5Q. 1 Chitt. Gm. 
 Pr. 168. 
 
 MANSIUNCULA. L. Lat. [dimin. of 
 mansio, a dwelling.] In old English law. 
 A little dwelling. Fleta, lib. 4, c. 22, § 6. 
 MANSLAUGHTER. In criminal law. 
 The unlawful killing of another, without 
 malice, either express or implied ; which 
 may be either voluntarily, upon a sudden 
 heat, or involuntarily, but in the commission 
 of some unlawful act. 1 Hale's P. C. 
 466. 4 Bl. Com. 191. See Wharton's 
 Am. Crim. Law, §§ 931 — 933. Lewis' 
 TI. S. Crim. Law, 348, et seq. 
 
 This term is a literal translation of the 
 L. Lat. homicidium, though it does not fully 
 answer to the English Aomicfie, being only 
 a species of that crime. 
 
 MANSUETUS. Lat. [from moMsuescere, 
 to tame.] In the civil law. Tame; tamed; 
 as though accustomed to come to the hand, 
 (quasi ad manum venire suetus.) Big. 3. 
 1. 1. 6. Festus, 9. 2 Bl. Com. 391. Bract. 
 fol. 8 b, 9. Calv. Lex. The opposite of 
 ferus. 
 
 MAN8UM. The same as Mansus, (q. v.) 
 MANSUEA. L. Lat. In old European 
 law. A dwelling or house ; the same as 
 mansus, (q. v.) Spelman. 
 
 MANSUS, Mansum, Mansa. L. Lat. 
 [from manere, to stay or dwell.] In old 
 European law. A dwelling with a suflB- 
 cient portion of land for the support of one 
 family ; corresponding with the familia of 
 Bede, and the hida of the Saxons. Other- 
 wise called colonica, (q. v. ;) a country 
 ^dwelling. Spelman. Montesquieu sup- 
 poses that it was a particular portion of 
 land belonging to a farm where there were 
 bondmen. Esprit des Loix, liv. 30, c. 13. 
 
 A portion of land sufficient to be worked 
 by a yoke of oxen for a year. This was 
 the sense of the word in Italy, according 
 to an old vocabulary cited by Spelman. 
 The same with the English oxgang (q. v.) 
 or bovate. 
 
 A house or dwelling without land ; a 
 house in a city ; a messuage. Spelman. 
 
 MANUCAPEKE. L. Lat. [from manus, 
 hand, and capere, to take.] In old law and 
 practice. To become surety ; to offer one's 
 self as a surety to redeem another from im- 
 prisonment, and to have him in court at 
 an appointed day. Spelman. To become 
 bail for another ; literally, to take in hand. 
 Cro. Jac. 91. But see 1 Stra. 200, arg. 
 
 Spelman observes that manucapere is the 
 proper correlative of balliare, (to bail,) and 
 not its equivalent ; the office of the sureties 
 being to receive the party into their hands, 
 and to deliver him. This corresponds with 
 the technical idea of bail, which is said to 
 be the act of the court. 1 Salk. 8. 1 
 Tidd's Pr. 238. 
 
 MANUCAPTIO. L. Lat. [from manu- 
 capere, q. v.'\ In old English law. Manu- 
 caption; surety or security. Fleta, lib. 
 1, c. 27, § 18. 
 
 MANUCAPTION. [L. Lat. manucap- 
 tio, q. v.] • In practice. The same with 
 mainprise, (q. v.) which is similarly derived. 
 M ANUGAPTOR. L. Lat. [from manu- 
 capere, q. v.] In old English law. A 
 surety for another's appearance. Fleta, 
 lib. 1, c. 26, § 19. The same with main- 
 pernor, (q. V.) which is similarly derived. 
 Sometimes applied, ^s an English word, to 
 ordinary bail. " Manucaptors are but 
 gaolers pro tempore." 2 Show. 202. 
 
 MANir BREVL Lat. With a short 
 hand-, shortly; directly; by the shortest 
 course; without circuity. Many, longa ; 
 indirectly; circuitously. Terms used by 
 the civilians. Cah. Lex. 
 
 MANUFACTURE, [from Lat. manus, 
 hand, and factura^ a making.] The process 
 of making a thing by an. BuUer, J. 2 
 IT. Bl. 463, 471. 
 
 A thing made by art. Id. ibid. 
 MANUFIRMARE. L. Lat. In old 
 European law. To confirm with one's 
 hand or signature, {subscribendo roborare.) 
 Spelman. 
 
 MANU FORTL Lat. With strong 
 hand. A term used in old writs of tres- 
 pass. Manuforti et cum multitudine gen- 
 tium ; with strong hand and multitude of 
 people. Beg. Orig. 183. 
 
MAN 
 
 (181) 
 
 MAR 
 
 MANUMISSION. [Lat. manumissio, 
 from manumittere, q. v.] In the Roman 
 law. The giving a slave or bondman his 
 liberty ; the discharging one from the power 
 of another. Manumission, as explained 
 by Ulpian in his Institutes, was a sending 
 out of hand, (de mantl missio ;) that is, a 
 giving of liberty, {datio libertatis.) As long 
 as a person was in servitude, he was subject 
 to the hand and power of his master, 
 {manui et potestati suppositus est,) but 
 when manumitted, he was released from 
 such power, (manumissus liberatur potes- 
 tate.) Diff. l.l.i. Thispassage is copied 
 in the Institutes of Justinian, with a slight 
 variation. Inst. 1. 5, pr. 
 
 In old European law. The enfranchise- 
 ment of a slave ; the freeing a villein out 
 of his bondage. 1 Eob. Charles V. 82, 
 and Appendix, note xx. Fleta, lib. 4, c. 
 11, §§ 17, 21. Oowell. 
 
 MANUMITTERE. Lat. [from manus, 
 the hand, and mittere, to send.] In civil 
 and old European law. To set free ; to 
 send, dismiss or discharge out of the hand, 
 or power; to manumit. Fleta, lib. 4, c. 
 11, §§17,21. See Manumission. Manu- 
 mittere idem est quod extra manum vel po- 
 testatem ponere ; to manumit is the same as 
 to put out of the hand or power. Go. 
 Litt. 157. 
 
 MANUOPERA. L. Lat. An old form 
 of mainour, (q. v.) Stolen goods taken 
 upon a thief apprehended in the fact. 
 Cowell. Properly, manuopere, (abl. of 
 manuopus.) Oum manuopere capti ; taken 
 with the mainour. Fleta, lib. 2, c. 52, 
 §42. 
 
 MANUPASTUS. L. Lat. [L. Fr. 
 maynpast.] In old English law. A house- 
 hold, or family. Spelman. Bract, fol. 
 124 b. Fleta, lib. 2, c. 52, § 7. 
 
 A domestic servant. Spelman. Vaugh. 
 115. 
 
 MANUPES. L. Lat. In old records. 
 A foot of full and legal measure. Cart. 
 Bie. I. cited in Cowell. 
 
 MANURABLE. [from manure, q. v.] 
 In old English law. Capable of being had 
 or held in hand ; capable of manual occu- 
 pation ; capable of being cultivated ; capa- 
 ble of being touched ; tangible ; corporeal. 
 " Corporeal things are such as are manura- 
 ble." Halis Anal. sect. xxiv. 
 
 MANURE. L. Fr. and Eng. [from 
 main, the hand.] In old English law. To 
 occupy ; to use or cultivate ; to have in 
 manual occupation ; to bestow manual la- 
 
 bor upon. "Let him keep it [the tene- 
 ment] a year and a day without manuring^ 
 " He shall enter and manure those lands 
 and tenements as his own." Cowell, voc. 
 Gavelet. Perhaps another form of maino- 
 verer, to work with the hand. 
 
 MANUS. Lat. and.L. Lat. In old 
 English law. A hand. An oath, as taken 
 with the hand on the Gospels. Spelman. 
 
 A person making oath ; a compurgator. 
 Jurare duodecimo manu ; to swear by the 
 twelve-hand; to swear by the oaths of 
 twelve, that is, eleven compurgators besides 
 the party himself. 
 
 A degree or condition. ManHs medics ; 
 of a middle rank. Manits infimce ; of the 
 lowest class. Oowell. 
 
 In the civil law. Power or authority. 
 See Manumission. 
 
 MANUS MORTUA. ' L.Lat. A dead 
 hand; mortmain. Spelman. 
 
 MANUTENENTIA. . L. Lat. In old 
 English law. Maintenance. Spelman, 
 voc. Manutenere. 
 
 MANUTENERE. L. Lat. [from wMnut, 
 the hand, and tenere, to hold ; Fr. mmn- 
 tenier.^ In old English law. To maintain ; 
 to support, assist or defend ; to take one's 
 part ; to assist one in carrying on his suit. 
 Spelman. Manutenere placitum — quere- 
 lam ; to maintain one's plea — plaint. Reg. 
 Orig. 182, 189. Fleta, lib. 2, c. 66, § 23. 
 
 Spelman supposes this word to have been 
 introduced by the Normans. 
 
 MANWORTH. In old EngUsh law. 
 The price or value of a man's life or head. 
 Cowell. 
 
 MANZIE. Sc. [L. Lat. machamium.'\ 
 In old Scotch law. Maihem ; mutilation 
 of the body of a person. Skene de Verb, 
 Sign. voc. Machamium. 
 
 MARA. L. Lat. In old records. A 
 mere or moor ; a lake, pool or pond ; a bog 
 or marsh that cannot be drained. Oowell, 
 Blount. Spelman. 
 
 MARAS, Mares, Marreys, Maries, Ma- 
 rys. L. Fr. A marsh, or marshy ground. 
 
 MARASTRE. L. Fr. A mother-in- 
 law. Kelliam. A step-mother. Britt. c, 
 119. 
 
 MARC A. L. Lat. A mark; a coin of 
 the value of 13s. 4d. Spelman. See 
 Marie. 
 
 MARCA, Mareha, Marchia. L. Lat 
 A Hmit or bound; a boundary line or bor- 
 der. Spelman. 
 
 MARCATA. L. Lat. [from marea, 
 q. v.] In old English law. That which is 
 
MAE 
 
 (182) 
 
 MAR 
 
 of the value of a mark ; a mark's worth. 
 Glanv. lib. 12, c. 5. 
 
 Land of the annual value or income of 
 one mark. Spelman. 
 
 MAECH. In Scotch law. A boundary 
 line, or border. Bell's Diet. The word is 
 also used in composition ; as march-dike, 
 march-stone. 
 
 MAECHE. L.Fr. A market. Britt. 
 c 2. Stat. Westm. 1, c. 23, 31. 
 
 MARCHERS. In old English law. 
 Noblemen who lived on the marches of 
 Wales or Scotland, and who, according to 
 Camden, had their private laws, as if they 
 had been petty kings ; which were abolished 
 by the statute 2 7 Hen. VIII. c. 2 6. Called 
 also Lords Marchers. Oowell. 
 
 MARCHES. [L. Lat. marchia; Lat. 
 limites, confinia, coniermina.^ Limits ; 
 confines ; bounds or borders ; particularly 
 the borders between England and Wales, 
 and those between England and Scotland. 
 Cowell. Litt. sect. 156. Oo. Litt. 106 b. 
 See Bacon's Arg. Jurisdiction of the 
 Marches, Works, iv. 257. 
 
 MARCHETA, Marchetum, Merchetum, 
 Marchet, Merchet. In old Scotch law. A 
 custom for the lord of a fee to lie the first 
 night with the bride of his tenant. Abol- 
 ished by Malcolm III. Skene de Verb. 
 .Sign. Spelman. 2 Bl. Com. 83. 
 
 A fine paid by the tenant for the remis- 
 sion of such right, originally a mark or half 
 a mark of silver. Spelman. 
 
 In old English law. A fine paid for 
 leave to marry, or to bestow a daughter in 
 marriage. Cowell. 
 
 The etymology of this word is variously 
 given ; from Germ, and old Scotch march, 
 ,a horse ; Lat. marca, a mark ; and Brit. 
 merch, a maid. Spelman. The first of 
 these is approved by Skene. De Verb. 
 Sign. 
 
 MARCHIA. L. Lat. In old English 
 law. A march, or border. Spelman, voc. 
 Marca. The border between England and 
 Wales. Mag. Cart. Joh. c. 56. 
 
 In feudal law. The dignity or territory 
 oia,marchio. Feud. Lib. l,tit. 14. Lib, 
 2, tit. 10. 
 
 MARCHIARE. L.Lat. In old records. 
 To adjoin, or border upon. Cowell. 
 . MARCHIO. L. Lat. In old records. 
 An inhabitant of a border, or border dis- 
 trict. Spelman. 
 
 In English law. A marquess. 1 Bl. 
 Com. 397. Bacon's Arg. Jurisdiction of 
 Marches. 
 
 In old German law. A margrave, {comes 
 limitaneus.) Calv. Lex. Skene de Verb. 
 Sign. voc. Baro. 
 
 In feudal law. One who was invested 
 with the fief or dignity called a marchia, 
 Fevd. Lib. 2, tit. 10. 
 
 MARCULFUS. A monk of the seventh 
 century, whose collections of Formulae, 
 (embracing forms both judicial and extra^ 
 judicial) is of great celebrity. 1 Mackeld. 
 Civ. Law, 79, 8 91. Steph. Plead. Ap- 
 pendix, Note (2.) 
 
 MARE. Lat. The sea. Mare Gra- 
 corum ; the sea of the Greeks, or Grecian 
 Sea; the Mediterranean. Bract, fol. 338. 
 
 MARE CLAUSTJM. Lat. The sea 
 closed, or close, that is, not open or free. 
 The title of Selden's great work, intended 
 as an answer to the Mare Liberum of 
 Grotius ; in which he undertakes to prove 
 the sea to be capable of private dominion. 
 1 Kenfs Com. 27. Hargr. Law Tracts, 10. 
 
 MARE LIBERUM. Lat. The sea 
 free. The title of a work written by Gro- 
 tius against the Portuguese claim to an 
 exclusive trade to the Kidies, through the 
 South Atlantic and Indian oceans ; show- 
 ing that the sea was not capable of private 
 dominion. 1 Kenfs Com. 27. 
 
 MAREMIUM, Maresmium, Maresnium. 
 L. Lat. [from Fr. marreim, marrein, or 
 marisne.J In old English law. Timber. 
 Co. Litt. 53 a. See Mceremium. 
 
 MARESCALCIA. L.Lat. In old Eng- 
 lish law. Marshalsea ; the office of mar- 
 shal. A species of grand serjeanty, granted 
 in fee to the Earl [now Duke] of Norfolk. 
 Fleta., lib. 2, c. 4, § 1. 
 
 MARESCALLUS, Marescalcus, Maras- 
 calcus, Mariscaldus. L. Lat. [from Teut. 
 ntatrt, or miat\, a horse, and u\ak, an 
 attendant or servant.] In old European 
 law. A horse-keeper or hostler ; a groom 
 of the stable, {equorum minister, agaso, 
 stabularius.) One who had charge of a 
 certain number of horses. Spelman. L. 
 Alaman. c. 79. Capitul. Carol. Calv. c. 13. 
 A marescal, mareshal, or marshal. 
 
 An officer of the imperial stable, who 
 served under the comes stdbuli. Spelman, 
 A riding master, or equerry. Id. 
 
 A military officer who acted as inspector 
 and quartermaster ; and whose duty was 
 to array or marshal the host in order of 
 battle, and to lead the van, particularly as 
 commander of the cavalry ; (hostem Im- 
 trare, castrametationi locum seligere, pugnce 
 ineundcB ratior^em decernere, primam aciem 
 
MAE 
 
 (183) 
 
 MAR 
 
 educere, equestribusque prcefecius turmis, 
 puffnce initium accendere.) Spelman. See 
 Fleta, lib. 2, c. 4, § 3. 
 
 In old English, law. An officer of the 
 palace or royal household, who guarded the 
 sovereign's person, and maintained the 
 peace of the household. Spelman. See 
 Fleta, lib. 2, cc. 4, 5, 15. 
 
 An offi.cer of the Court of Exchequer. 
 Id. lib.. 2, c. 30. 
 
 An officer of a manor. Id. lib. 2, c. 74. 
 A high officer of state, with certain 
 judicial powers^ See Marshal. 
 
 A ministerial office of justice. See 
 Marshal. 
 
 MARESCHAUCIE. L. Fr. Marshal- 
 sea; the office or jurisdiction of the mareshal 
 or marshal. Britt. fol. 1 b. 
 
 MARESHAL. L.Fr. Marshal ; a high 
 officer of the royal household. Britt, fol. 1 b. 
 MARETTUM. L. Lat. [from mare, the 
 sea, and tegere, to cover ; or from Fr. maret, 
 a marsh.] In old English law. A moorish 
 and gravelly ground,, which the sea covers 
 and overflows at a full sea. Co. Lift. 5 a. 
 Lord Hale applies the term to the shore as 
 covered by the ordinary flux of the sea. . 
 Sale de Jur. Mar. pars 1, c. 6. 
 
 MARGINAL NOTE. In Scotch con- 
 veyancing. An addition made to a deed, 
 and put on the margin of the deed, either 
 where there has been an omission in 
 transcribing the deed, or where the parties 
 have made an alteration in their original 
 intention. BelPs Diet. 
 
 MARI, Mary, Marrie. L. Fr. [from 
 Lat. maritus.1 A husband. Britt. c. 106, 
 107. 
 
 MARIAGE. L. Fr. [from marier, to 
 marry.] In old English and feudal law. 
 The right of marriage; the power of dis- 
 posing of an infant ward in matrimony. 
 Britt. c. 67. 
 
 A marriage portion. Id. c.103. Kelham. 
 MARIER. L. Fr. To marry. Ne se 
 pussent marier sans nostre conge; may not 
 marry without our leave. Britt. c. 67. 
 
 Marie; married. Marie ou dismarie ; 
 married or unmarried. Yearb. M. 9 Edw. 
 in. 43. . 
 
 MARINARIUS. L. Lat. In old re- 
 cords. A mariner ; a seaman. Cowell. 
 _ MARINELLUS. L. Lat. • In old Eng- 
 lish law. A mariner. Mem. in Scacc. 
 P. 24 Edw. L 
 
 MARINE INSURANCE. A contract 
 of indemnity against the perils of the sea. 
 1 Duer on Ins. Introd. Disc. Lect. 1. — A 
 
 contract whereby, for a consideration stipU' 
 lated to be paid by one interested in a ship, 
 freight or cargo, subject to the risks of 
 marine navigation, another undertakes to 
 indemnify him against some or all of those 
 risks, during a certain period or voyage. 
 1 Phillips on Ins. 1. — A contract whereby 
 one party, for a stipulated premium, un- 
 dertakes to indemnify the other against 
 certain perils or sea-risks to which his ship, 
 freight and cargo, or some of them, may be 
 exposed during a certain voyage, or a flxed 
 period of time. 3 ICenCs Com. 253. 
 
 Marls et feminx conjunctio est de jure 
 natarSB. The union of male and female is 
 by [founded on] the law of nature. 7 Co, 
 13 b, Calvin's case. 
 
 MARISCU8. L. Lat. [from Fr. mares, 
 or marets.'\ In old English law. A marsh, 
 or marish, as Coke writes it ; a fen. Co. 
 Liu. 4 a, 5 a. Shep. Touch. 95.. Fleta, 
 lib. 2, c. 41, § 2. 
 
 MARITAGIUM. L. Lat. In feudal 
 and old English law. Marriage ; the right 
 of a lord to dispose of his infant ward in 
 matrimony. Bract, fol. 88 b, 89. Mari- 
 tagium habere ; to have the free disposal 
 of an heiress in marriage. Cowell. 
 
 A portion given with a woman to her 
 husband in marriage. Glanv. lib. 7, c. 1. 
 1 Reeves' Hist. 103. Spelman. Terra 
 qum sic datur propter nuptial dicitur mari- 
 tagiiim ; land which is thus given on ac- 
 count of marriage, is called maritagium. 
 Bract, fol. 21. Fleta, lib. 3, c. 11. 
 
 MARITARE. L. Lat. In old English 
 law. To marry. Magna Charta, c. 7. 
 
 MARITIMA ANGLIC. L. Lat. In 
 old English law. The emolument or re- 
 venue coming to the king from the sea, 
 which the sheriffs anciently collected, but 
 which was afterwards granted to the ad- 
 miral. Fat. 8 Hen. III. m. 4. Spelnutn, 
 MARITIMA INCREMENTA. Lat. In 
 oldEnglish law. Marine increases. Lands 
 .gained from the sea. Hale de Jur. Mar. 
 pars 1, c. 4. 
 
 MARITIME CAUSES. Causes of ac- 
 tion originating on the high seas, or grow- 
 ing .out of maritime contracts. 1 Kent's 
 Com. 367—380. 
 
 MARITIME LAW. [Lat. jus mariti- 
 mum.] The law of the sea; sea law. 
 Otherwise termed commercial law, and 
 marine law. 3 Kenfs Com. 1 — 20. Some- 
 times considered as a branch of commercial' 
 law, relating more particularly to naviga- 
 tion, the ownership and employment of 
 
MAE 
 
 (184) 
 
 MAR 
 
 vessels, the rights and duties of sea- 
 men, &c. 
 
 MARITIJS. Lat. A husband ; a mar- 
 ried man. Calv. Lex. 
 
 MARK. [L. Lat. marca, from Sax. 
 mearc, a mark or sign.] In Saxon law. 
 A silver coin of the value of thirty pence, 
 or 2>«. 6d. Co. Litt. 294 b. More pro- 
 perly called mancus. Spelman, voc. Marca. 
 
 In old English law. A silver coin of 
 the value of 13s. Ad. Id. ibid. 
 
 MARK. In conveyancing. A character 
 made by illiterate or disabled persons, in 
 executing deeds, affidavits and other 
 writings. Usually the sign of the cross, 
 made in a blank space left for that pur- 
 pose, in the middle of the name as written 
 for the party. An old Saxon custom, as 
 Blackstone observes. 2 Bl. Com. 305. 
 
 In England, and most of the United 
 States, a mark is a sufficient signature to a 
 will. 8 Ad. db Ml. 94. 3 Nev. dc Per. 
 228. 3 Curteis' JR. 152. 5 Johns. R. 144. 
 1 Williams on Exec. 63. 1 Jarman on 
 Wills, 69, (112, Perkins' ed. note.) 2 
 Oreenl. Ev. § 674. In Pennsylvania, it has 
 been held insufficient. Purdoris Dig. 97l.< 
 (But see Id. 844, § 1, ed. 1857.) 7 Penn. 
 Law Journ. 21. 
 
 MARKET. [0. Sc. mercat ; L. Fr. 
 marche ; L. Lat. mercatum, mercatus, mar- 
 eatus, from merx, merchandise.] In Eng- 
 lish law. A place for the public sale of 
 commodities ; a place of public traffic ; 
 (locus publicos mercationis.) Spelman. 
 
 In English law. The franchise or privi- 
 lege by which a town is enabled to keep a 
 market. Cowell. Blount. 1 OrahVs Ileal 
 Prop. 525, § 679. Every fair is a market, 
 but not e contra. 2 Inst. 401. 
 
 MARKET OVERT. [Fr. overt, open.] 
 In English law. Open market ; a place or 
 shop for the open sale of goods.* " An 
 open, public and legally constituted mar- 
 ket." Jervis, C. J. 18 C. B. (9 J. Scott,) 
 601. The market place or spot of ground, 
 set apart by custom for the sale of particular 
 goods is, in the country, the only market 
 overt ; but in London, every shop in which 
 
 foods are exposed publicly to sale is mar- 
 et overt, for such things only as the owner 
 professes to trade in. Oodh. 131. 5 Co. 
 83. 2 Bl. Com. 449. 
 
 These markets are of Saxon origin, and 
 depend on custom ; and it is a general rule 
 of law that all sales and contracts of any 
 thing vendible in fairs or markets overt, 
 shall not only be good between the parties, 
 
 but also be binding upon those that have 
 any right or property therein. 2 Bl. Com. 
 uh. sup. See the exceptions to this rule 
 stated, Id. 449—451. 2 Steph. Com. 
 124—126. 1 CrahVs Real Prop. 528— 
 530, § 682. In American law, markets 
 overt are not recognised. 1 Johns. i2. 471, 
 480. 2 Kenfs Com. 324. 
 
 MARKET TOWN. In English law. 
 A town entitled to hold a market. 1 Steph. 
 Com. 115. 
 
 MARKET ZELD, (properly Market 
 geld.) In old records. The toll of a 
 market. Cowell. 
 
 MARKSMAN. In practice and con- 
 veyancing. One who makes his mark ; a 
 person who cannot write, and only makes 
 his mark in executing instruments. Arch. 
 JV. Pract. 13. 2 Chitt. R. 92. See 
 Mark. 
 
 MARLA. L. Lat. In old English law. 
 Mari. Fleta, lib. 2, c. 76, § 2. Marlare ; 
 to marl. Id. ibid. 
 
 MARLBRIDGE, Statute of. A cele- 
 brated English statute, passed in the fifty- 
 second year of the reign of Henry III. 
 A. D. 1267, at Marlbridge, afterwards 
 called Marlborough, a town in Wiltshire ; 
 containing provisions in regard to tenures, 
 and for the better administration of justice, 
 abolishing fines for beau-pleader, intro- 
 ducing the writ of entry in the post, <fec. 
 2 Reeves' Hist. 62 — 76. CrabUs Hist. 
 156, 157. In Fleta, it is called the statute 
 of Marleberge. Lib. 2, c. 66, § 18 ; c. 47, 
 § 13. Whether Marlbridge was the same 
 with the present Marlborough, has been 
 doubted. Barringt. Obs. Stat. 66. 
 
 MARLERA. L. Lat. In old English 
 law. A marl-pit. Cart, de 'Forest, c. 12. 
 MARLERIUM, MARLETUM. L. Lat. 
 In old records. A marl-pit. Blount. 
 Spelman. 
 
 MARQUE. Fr. and Eng. [from Germ, 
 ntart^c, a boundary.] In public law. The 
 frontier, border or boundary line of a coun- 
 try. See Marches, Letters of Marque. 
 
 Permission to pass the frontier of a 
 country, in order to make reprisals. 1 Bl. 
 Com. 258. Generally used as synonymous 
 with reprisal. Id. ibid. 
 
 MARQUESS, Marquis. [L. Lat. mar- 
 ehio; from Ge,rm. mart^t, a border.] In 
 English law. A degree of nobility next 
 to that of duke. So called from the 
 ancient office of the marquess to guard the 
 frontiers and limits [marches or borders] 
 of the kingdom, particularly those on the 
 
MAE 
 
 (185) 
 
 MAR 
 
 side of Wales and Scotland. 1 Bl. Com. 
 397. 
 
 MARK'. Abbrev. of marescallo. A 
 word written on the margin of old records 
 on habeas corpus. Selden, arg. 3 J£ow. St. 
 Trials, 105. 
 
 MARRIAGE. [L. Fr. mariage ; Lat. 
 matrimonium, nupticB.^ The legal union 
 of a man and -woman for life. Webster. — 
 The union of a man and -woman, in a state 
 of habitual and inseparable intercourse for 
 life ; (fin et mulieris conjunctio, individuam 
 vitce consuetudinem continens.) Inst. 1. 9. 
 1. — A contract according to the form pre- 
 scribed by law, by which a man and woman 
 capable of entering into such contract, mu- 
 tually engage with each other to live their 
 whole lives together in the state of union 
 which ought to exist between a husband 
 and wife. Shelf ord, Marr. & Div. 1. 
 
 MARRIAGE. [L. Fr. mariage; L. 
 Lat. maritagium.'] In feudal law. The 
 power which the lord or guardian in chiv- 
 alry had, of disposing of his infant ward in 
 matrimony. 2 Bl. Com. 70. 
 
 MARRIAGE BROKAGE. The pro- 
 curement of a marriage between persons, 
 for a consideration. 
 
 The consideration paid or agreed to be 
 paid for bringing about a marriage. See 
 1 Story's Ug. Jur. §§ 260—264. 
 
 MARRIAGE ARTICLES. Articles of 
 agreement between parties contemplating 
 marriage, intended as preliminary to a for- 
 mal marriage settlement, to be drawn after 
 marriage. Atherley on Marriage Settle- 
 
 MARRIAGE SETTLEMENT. A set- 
 tlement made by a husband out of his 
 estate, before or after marriage, for the 
 benefit of his wife, or of his wife and chil- 
 dren. 2 Steph. Com. 307. 2 Rents Com. 
 172— lis.— A settlement in writing, usually 
 made before marriage and in consideration 
 of it, by which the estate of either or both 
 of the parties is settled or limited to be en- 
 joyed in a certain way ; as upon the hus- 
 band and issue, or upon the wife and issue, 
 or upon the husband for life, remainder to 
 the wife for life, remainder to the issue, 
 or otherwise, as may be agreed upon. See 
 Atherley on Marr. Settlements, 92, et seq. 
 Mac Queen on Hush, db Wife, 251, et seq. 
 
 MARSHAL, Mareschal. [Sc. mari- 
 schall ; L. Fr. mareshal, marescal, maris- 
 cal ; L. Lat. marescallus, marascalcus ; 
 from Germ, mart^, a horse, and strait, an 
 attendant.] In English law. The title of 
 
 several officers with judicial or ministerial 
 powers; as. 
 
 The earl marshal, or lord mareschal, a 
 high officer of state, who presided in the 
 court of chivalry. 3 Bl. Com. 68. 
 
 The marshal of the king's house, or 
 knight marshal, whose special authoritjr is 
 in the king's palace, to hear and determine 
 all pleas of the crown, and to punish faults 
 committed within the verge, and to hear 
 and judge of suits between those of the 
 king's household. Holthouse. 
 
 The marshal of the king's bench prison, 
 who had the custody of that prison. Id. 
 See Marescallus. 
 
 In American law. The ministerial officer 
 of the courts of the United States, with- du- 
 ties similar to those of a sheriffi 1 Kenis 
 Com. 309. 
 
 An officer with duties similar to those of 
 a petty constable. 
 
 *^* The term marshal, though of later 
 and humbler origin than constable, is de- 
 rived essentially from the same source; 
 marascalcus signifying an attendant upon 
 horses, as comes stabuli (afterwards consta- 
 bularius) denoted a superintendent of the 
 stable. See Marescallus. Both titles seem 
 to have risen in dignity by a similar pro- 
 gress, which Spelman has distinctly traced. 
 When the comes stabuli was advanced to 
 the rank of a military commander, the 
 marescal (from his superior skill in the 
 management of horses,) came to be em- 
 ployed in various military capacities ; as to 
 inspect the army, to select positions for 
 encampment, to determine -the array or 
 order of battle, and finally to lead the van 
 as commander of the cavalry. Rising into 
 higher eminence, the marshal finally be- 
 came an officer of the palace, charged with 
 the protection of the sovereign's person 
 and the preservation of the peace of the 
 household, for which purpose he was al- 
 lowed to hold a court, and at length be- 
 came one of the great officers of state. It 
 was at this period of its history that tha 
 office, with its title, was introduced into 
 England by the Normans. 
 
 Spelman, describing the office as it ex- 
 isted in England in his day, found traces 
 of its original character subsisting in the 
 circumstances that the earl marshal was 
 entitled to receive from every person made 
 a knight, a saddled palfrey, and that stray 
 horses were among his perquisites. And 
 see Fleta, lib. 2, c. 4, § 4 ; c. 5, § 8. No 
 affinity, however, can be traced between 
 
MAR 
 
 (186) 
 
 MAS 
 
 the original meaning of the word and its 
 application in modern law. "What may 
 now be called its radical meaning dates 
 from the later period, when the marshal, 
 among his other military duties, had the 
 important one of arraying the army for 
 battle. Hence " to marshal" now signifies 
 to set in order, as in the common equity 
 phrase, "marshalling of assets." So, in 
 popular language, a marshal is a person 
 chosen to arrange the order, and direct the 
 route of a procession. 
 
 To MARSHAL. To arrange, rank, 
 or set in order. 1 Story's Eq. Jur. § 558. 
 See infra. A term derived from the an- 
 cient ofiBce of the marshal. See Mar- 
 shal. 
 
 To arrange words in a certain order ; to 
 construe. "The law will marshal words, 
 ut res magis valeat." Hill, B. Hardr. 92. 
 " The wisdom of the law useth to trans- 
 pose words according to the sense; and 
 not so much to respect how the words do 
 take place, but how the acts which are 
 guided by those words may take place." 
 Bacon's arg. Case of Revocation of Uses, 
 Works, iv. 248. " The law shall marshal 
 the acts against the order of the words." 
 Id. ibid. "The law will rather invert 
 the words than pervert the sense." Id. 
 249. 
 
 MARSHALLING OF ASSETS. In 
 equity. The arranging or ranking of assets 
 in the due order of administration. 1 Story's 
 JSq. Jur. § 558. — Such an arrangement of 
 the different funds under administration as 
 shall enable all the parties having equities 
 thereon, to receive their due proportions, 
 notwithstanding any intervening interests, 
 liens, or other claims of particular persons 
 to prior satisfaction out of a portion of 
 these funds. Id. ibid.— The arrangement 
 or ranking of assets in a certain order to- 
 wards the payment of debts. 4 Kent's 
 Com. 421. 
 
 MARSHALLING OF SECURITIES. 
 In equity. That principle of arrangement 
 by which a party having a lien on or interest 
 in a certain fund, may compel a party hav- 
 ing a lien on or interest in the same fund, 
 and also on another fund, to resort, in the 
 first instance, to such other fund for satis- 
 faction, whenever it will not trench upon 
 the rights or operate to the prejudice of 
 the party entitled to the double fund.* 1 
 Story's Eq. Jur. § 663. 
 
 MARSHALSEA. [L. Lat. 'marescallia:\ 
 In English law. The court or seat of the 
 
 marshal. A court originally held before 
 the steward and marshal of the king's house, 
 and instituted to administer justice between 
 the king's domestic servants, that they 
 might not be drawn into other courts, and 
 thereby the king lose their service. 3 Bl, 
 Com. 76. It is now united with the Palace 
 Court, and held once a week in the bor- 
 ough of Southwark. Id. ibid, 3 Steph. 
 Com. 444. 
 
 MARTE SUO DECURRERE. Lat. 
 To run by its own force. A term applied 
 in the civil law to a suit, when it ran its 
 course to the end, without any impediment. 
 Calv. Lex. Brissonius. 
 
 MARTIAL LAW. A system of rules 
 for the government of an army, or adopted 
 in times of actual war. An arbitrary kind 
 of law or rule, sometimes established in 
 a place or district occupied or controlled by 
 an armed force, by which the civil authority 
 and the ordinary administration of the law 
 are either wholly suspended, or subjected 
 to military power.* It is founded on para- 
 mount necessity, and proclaimed by a mili- 
 tary chief. 1 Kent's Com. 341, note. It 
 is quite a distinct thing from military law, 
 with which it is sometimes confounded. 
 Id. ibid. See Hale's Hist. Com. Law, 42, 
 43, and note, (Runnington's ed.) 1 Bl. 
 Com. 413. Lord Loughborough, 2 H. Bl. 
 69, 98. 
 
 MARUS. L. Lat. In old Scotch law. 
 A maire; an officer or executor of sum- 
 mons. Otherwise called praco regis. Skene 
 de Verb. Signif. 
 
 MASCULINE. [Lat. masculinus, from 
 mas, male.] Belonging to, or descriptive 
 of the male sex. The masculine frequently 
 includes the feminine ; as " man " includes 
 " woman." In the Digests, the rule is laid 
 down in broader terms. Semper sexus 
 masculinus eiiam femininum sexum conti- 
 net ; the masculine sex always includes the 
 feminine. Big. .32. 62. Mulwam appella- 
 ticme etiam mulce continentur ; under the 
 appellation of mules are included she-mules. 
 Id. ibid. jEquis legatis et equw continen- 
 tur ; under a bequest of horses are included 
 mares. Id. 32. 65. 6. 
 
 MASSA. Lat. In the civil law. A 
 mass ; an unwrought substance, such as 
 gold or silver, before it is wrought into 
 cups or other articles. .Big. 47. 2. 52. 14. 
 Fleta, lib. 2, c. 60, §§ 17, 22. 
 
 MASSA. L. Lat. In old European 
 law. A manse. The same as mansus, 
 (q. V.) Spelman, voc. Mansus. Begiai. 
 
MAS 
 
 (187) 
 
 MAT 
 
 S. Oreff. cited ibid. Spelman supposes it 
 to be the , origin of the Fr. mese, and Eng- 
 lish messuage. 
 
 MAST. To fatten with mast, (acorns, 
 &c.) 1 Leon. 186. 
 
 MAST-SELLING. In old English law. 
 The practice of selling the goods of dead 
 seamen at the mast. Held void. 7 Mod. 
 141. 
 
 MASTER. [L. Fr. maistre ; from Lat. 
 magister, q. v.J One having authority; 
 one who rules, directs, instructs or superin- 
 tends ; one having superior skill to others ; 
 a head or chief; an instructor ; an employ- 
 er. Applied to several judicial officers. 
 See infra. 
 
 MASTER IN CHANCERY, (anciently 
 MASTER OF THE 'CHANCERY.) [L. 
 Lat. magister cancellarimi\ In equity prac- 
 tice. An important officer of courts of 
 equity, who acts as assistant to the chan- 
 cellor or judge, and whose principal duty 
 consists in inquiring into various matters 
 referred to him for the purpose, and report- 
 ing thereon to the court. Whartonh Lex. 
 Holthouse. In England, there are twelve 
 of these masters, of whom the Master of the 
 Rolls is the chief. 
 
 These officers were originally the chief 
 clerks of the chancery, (clerici de prima 
 forma,) who acted as the assessors or coun- 
 ,cil of the Lord Chancellor, (coUaterales et 
 sociicancellarii.) 2 Heeves^ ffist. 251. Ac- 
 cording to Mr. Spence, they obtained the 
 title of masters in the reign of Edward III. 
 1 Spence' s Chancery, 360. But they ap- 
 pear to have had the title oi prCeceptores at 
 a much earlier period. 2 Seeves' Hist. ub. 
 sup. CrabVs Hist. 184. 
 
 MASTER AT COMMON LAW. In 
 English law. An officer of the superior 
 courts of common law, (each court having 
 five,) whose principal duties, when attending 
 court, consist in taking affidavits sworn in 
 court, in administering oaths to attorneys on 
 their admission, and in certifying to the 
 court, in cases of doubt or difficulty, what 
 the practice of the court is. Their princi- 
 pal duties out of court consist in taxing at- 
 torneys' costs, in computing principal and 
 interest on bills of exchange, promissory 
 notes and other documents, under rules to 
 compute, in examining witnesses who are 
 going abroad for the purpose of obtaining 
 their testimony, in hearing and determin- 
 ing rules referred to them by the court in 
 the place of the court itself, and in report- 
 ing to the court their conclusions with re- 
 
 ference to the rules so referred to them. 
 Holthouse. 
 
 MASTER OF THE CROWN OFFICE. 
 In English law. The Queen's coroner and 
 attorney in the criminal department of the 
 Court of Queen's Bench, who prosecutes at 
 the relation of some private person, or com- 
 mon informer, the crown being the nominal 
 prosecutor. Wharton's Lex. 
 
 MASTER OF THE ROLLS. [L. Lat. 
 magister rotulorwn^ In English law. An 
 assistant judge of the Court of Chancery, 
 who holds a separate court ranking next to 
 that of the ■ Lord Chancellor, and has the 
 keeping of the rolls and grants which pass 
 the great seal, and the records of the chan- 
 cery. He was originally appointed only 
 for the superintendence of the writs and 
 records appertaining to the common law 
 department of the court, and is still pro- 
 perly the chief of the masters in chan-- 
 eery. 3 Steph. Com. 417. Wharton^ s 
 Lex. 
 
 MASTER OF A SHIP. [Lat. magis- 
 ter navis, (q. v.) navicularius, navarchus, 
 na/uclerus.~\ In maritime law. A person 
 having the command of a merchant vessel 
 and the government of her crew; hence 
 commonly styled captain. A person en- 
 trusted with the care and navigation of a 
 vessel and cargo, appointed by the owner, 
 and acting as his confidential agent.* 
 3 Kenfs Com. 158, 161. Abbott on Ship. 
 [118,] 151. 
 
 MASURA. L. Lat. [from massa, q. v.J 
 In old English law. A house and ground ; 
 a piece of ground belonging to a house ; a 
 house in a city. Spelman. 
 
 An old decayed house or wall; the 
 ruins of a building. Cornell. 
 
 MATE. In maritime law. The next 
 officer to the master on board a vessel, 
 who, on his death, or in his absence, suc- 
 ceeds wVifwie officii to the care of the ship, 
 and the government and management of 
 the crew. 3 Kenfs Com. 176. He does 
 not, however, cease to be mate in such 
 cases, but has thrown upon him cumula- 
 tively the duties of master. Id. ibid. 
 
 MATERFAMILIAS. Lat In the civil 
 law. The mother or mistress of a family. 
 Calv, Lex. 
 
 A chaste or virtuous woman, whether 
 married or a widow. Matrem familias a 
 ceteris feminis mores discernunt; morals 
 distinguish a materfamilias from other 
 women. Dig, 50. 16. 46. 1. Id. 48. 5. 
 i 10, pr. 
 
MAT 
 
 ( 188 ) 
 
 MATJ 
 
 MATERIA. Lat. In the civil law. 
 Materials ; as distinguished from species, or 
 the /orm given by labor and skill. Dig. 
 41. 1. 1. 7—12. Fleta, lib. 3, c. 2, § 14. 
 
 Materials (wood) for building, as distin- 
 guished from lignum. Dig. 32. 55, pr. 
 
 MATERIA. L. Lat. Matter; sub- 
 stance ; subject matter. 3 Bl. Com. 322. 
 
 MATERIAL MEN. In maritime law. 
 Persons who furnish and construct mate- 
 rials for the outfit or repair of vessels. 
 1 Xent's Com. 379. 2 Id. 168— -1 70. Such 
 as ship-builders, rope-makers, <fec. Jacob- 
 sen's Sea Laws, 357, note. U. S. Digest, 
 Material men. 
 
 MATERTERA. Lat. [Gr. /^rpaJ^Xj*,.] 
 In the civil law. A maternal aunt; a 
 mother's sister, (matris soror.) Inst. 3. 6. 
 1. Bract, fol. 68 b. 
 
 ■ MATERTERA MAGNA. Lat. In the 
 
 ■ civil law. A great aunt ; a grandmother's 
 
 sister, (avice soror.) Dig. 38. 10. 10. 15. 
 
 MATERTERA MAJOR. Lat. In the 
 civil law. A greater aunt ; a great grand- 
 mother's sisterj (proavice soror;) a father's 
 or mother's great aunt, [patris vel matris 
 matertera magna.) Dig. 38. 10. 10. 16. 
 CaWed promatertera. Id. 38. 10. 1. 7. 
 
 MATERTERA MAXIMA. Lat. In the 
 civil law. A greatest aunt ; a great great 
 grandmother's sister, (abavi(B soror;) a 
 fether's or mother's greater aunt, (patris 
 vel matris matertera major.) Dig. 38. 
 10. 10. 17. Called abmatertera. Id. 38. 
 10. 3. 
 
 MATRIMONIAL CAUSES. In Eng- 
 lish ecclesiastical law. Causes of action 
 or injuries respecting the rights of mar- 
 riage. One of the three divisions of 
 causes or injuries formerly cognizable by 
 the ecclesiastical courts ; comprising suits 
 for jactitation of marriage, and for resti- 
 tution of conjugal rights, divorces and 
 suits for alimony. 3 Bl, Com. 92 — 94. 
 3 Steph. Com. 712—714. 
 
 MATRIMONIALITER. L. Lat. In the 
 way of marriage. Bract, fol. 302 b. 
 
 MATRIMONIUM. Lat. In the civil 
 law. ■ Matrimony ; marriage ; the conjunc- 
 tion of man and woman, (mam alque fem- 
 ince conjunctio.) Dig. 1. 1. 1. 3. Justi- 
 nian makes it synonymous with nuptice, 
 and defines them both — viri et mulieris 
 conjunctio, individuam vitce consuetudinem 
 continens, (the union of a man and a 
 woman in a state of habitual and insepa- 
 rable intercourse during life.) Inst. 1. 
 9. 1. See Tayl. Civ. Law, 268, 
 
 Matrimonia debent esse libera. Marriages 
 
 ought to be free. A maxim of the civil 
 law. 2 Kents Com. 102. 
 
 MATRIX ECCLESIA. Lat. A mother 
 church ; a cathedral church, in respect of 
 the parochial churches within the same dio- 
 cese, or a parochial church, in respect of 
 the chapels depending on her. Cowell. 
 
 MATTER IN DEED. Matter con- 
 tained in a deed, or writing under seal 
 between two or more parties, which is re- 
 garded as a private act. Co. Litt. 380 b. 
 Steph. PI. 197. Called by Lord Coke 
 (uh. sup.) matter in fait. 
 
 MATTER IN PAIS. Matter in the 
 country. This term is used by Black- 
 stone as synonymous with matter in deed. 
 2 Bl. Com. 294. But it is generally dis- 
 tinguished, and applied to matters not 
 transacted in writing. Steph. PL 197. 
 2 Smith's Lead. Cos. 458. 
 
 Matter en ley ne gerra mhe en bonche del 
 
 jurors. 'M.a.tteT in law shall not be put 
 into the mouth of jurors. Jenk. Cent, 
 180, case 61. Another form of the max- 
 im, Ad qusestionem legis non respondent jnra- 
 tores. 
 
 MATTER OF RECORD. Matter en- 
 tered on record, or appearing on the re- 
 cords of a court, comprising all judicial 
 acts ; such as a judgment or pleading in 
 an action, a recognizance acknowledged 
 before a court, and the old proceedings 
 by fine, statute merchant, &c. Co, Litt. 
 380 b. Steph. PI. 197. 
 
 MATURITY. In mercantile law. The 
 time when a bill of exchange or promis- 
 sory note becomes due. (Story on Bills, 
 §329. 
 
 MATURUS. Lat. Ripe ; mature or per- 
 fect. Maturiora sunt vota mulierum quam 
 virorum ; the desires of women are more 
 mature [sooner matured] than those of 
 men. 6 Co. 71 a. Bract, fol. 86 b. 
 
 MAU6RE. L. Fr. In spite of; against 
 the will of. Litt, sect. 672. See Malgre, 
 Mai gree, 
 
 MAUNDER. L. Fr. [from Lat. man- 
 dare, q. v.] In old English law. To com- 
 mand. Stat. Westm. 1, c. 45. 
 
 To return (a writ.) Id. ibid. The word 
 occurs in both these senses in the follow- 
 ing passage: £t sil maunde que il ad fait 
 Vexecution en due maner, — adonques soil 
 maunde au viscount que, <kc. ; and if he 
 return that he hath done execution in due 
 manner, — then shall it be commanded to 
 the sheriff that, &a. Id. ibid. 
 
MAY 
 
 (189) 
 
 MEA 
 
 MAUNGER. L. Fr. To eat; eating. 
 Maunger desjurours. Dyer, 37 b, (Fr. ed.) 
 
 MAUVEISE, Mauveys. L. Lat. False ; 
 fraudulent. Britt. c. 15. Mauvestie ; a 
 fraud. Id. Mauveysement musce ; fraud- 
 ulently concealed. Id. fol. 3 b. 
 
 Bad ; defective ; informal. La breve est 
 mauveys. Yearb. H. 2 Edw. II. 33. 
 
 MAXIM. [L. Fr. maxime ; from Lat. 
 maximw, greatest.] A generial principle ; 
 a postulate or axiom ; a rule of general or 
 uniyersal application, upon which other 
 rules are founded.* Co. Lift. 11 a. Called 
 by Lord Coke, "a sure foundation or 
 ground of art, and a conclusion of rea- 
 son ;" so called, quia maxima est ejus -dig- 
 nitas, et certissima auctoritas, atque quod 
 maxime omnibus probetur ; (because its 
 dignity is greatest and its authority most 
 sure, and because it is most highly ap- 
 proved by all.) Co. Litt. ub. sup. Lord 
 Bacon observes that " the conclusions of 
 reason of this kind are worthily and aptly 
 called by a great civilian, legum leges, laws 
 of laws, for that many placita legum, that 
 is, particular and positive learnings of laws, 
 do easily decline from a good temper of 
 justice, if they be not rectified and gov- 
 erned by such rules." Bacon's Max. Pref. 
 See 2 ITenfs Com. 552—555. 
 
 Maxime pad sunt contraria, vis et injnTia. 
 The greatest enemies to peace are force 
 and wrong. Co. Litt. 161 b. 
 
 " MAY," in the construction of public 
 statutes, is to be construed "must" in all 
 cases where the legislature mean to im- 
 pose a positive and absolute duty, and 
 not merely to give a discretionary power. 
 1 Peters' R. 46, 64. 3 ITiirs (N. Y.) R 
 612, 615. See 9 Qrattan's R. 391. The 
 word " may," in a statute, means must or 
 shall, when the public interest or rights 
 are concerned, or the public, or third per- 
 sons, have a claim, dejure, that the power 
 shall be exercised. 1 Verv.. 153. 1 Kent's 
 Com. 467, note. See 24 Mississipjn £. 
 657. «» 
 
 MAYHEM. Otherwise written Mai- 
 hem, (q. V.) 
 
 MAYN. L. Fr. A hand; handwrit- 
 ing. Britt. c. 28. 
 
 MAYNOVER. L. Fr. A work of the 
 hand ; a thing produced by manual labor. 
 Yearb. M. 4 Edw. IIL 38. 
 
 MAYOR. [L. Lat. major; L. Fr. maire; 
 Germ, itteger; from Lat. major, greater.] 
 The chief magistrate of a city [or bor- 
 ough.] Cowell. The chief officer of a 
 
 municipal corporation. Spelman. An- 
 swering to the portgreve and hurgreve of 
 the Saxons, and the bailiff of the Anglo- 
 Normans. 
 
 *^* Spelman observes that he did not 
 find this word used in England, prior to 
 the Norman invasion, nor was it applied 
 to any corporation until A. D.. 1189, when 
 Richard I. changed the baUiflfs of London 
 into a mayor ; in imitation of which £ing 
 John, A. D. 1204, made the bailiff of 
 King's Lynn, a mayor. The Saxon title 
 oi portgreve, ox portgerefe, is given to the 
 chief magistrate of London in a charter 
 granted to the city by William the Con- 
 queror. Camd. Brit. 225. Bq& Portgreve. 
 According to Cowell and Blount, (who 
 quote Camden,) Richard I. ordained two 
 bailiffs instead of this portgreve, and it was 
 John who changed the bailiffs into mayor. 
 Mayor {major or maior) had become an 
 ordinary title in the time of Bracton. 
 Bract, fol. 57. The titles portreeve and 
 boroughreeve continued in some places 
 down to the passage of the late Municipal 
 Reform Act, 5 & 6 WiU. IV. 
 
 Mayor is derived by Spelman from the 
 Lat. major, (greater,) denoting that he 
 held the chief rank among his colleagues 
 in office, whether aldermen, burgesses or 
 jurats, who anciently constituted his coun- 
 cil. This appears to be the true etymol- 
 ogy. See Custos. Cowell and Blount, 
 who trace the word to the Brit, meyr, 
 make it to be derived from miret, to keep 
 or guard. Webster pronounces the deri- 
 vation from Lat. mMJor an error, and traces 
 the word to the Armoric mear, and Welsh 
 maer, one that keeps or guards. 
 
 MAYORAZGO. Span. In Spanish law. 
 The right to the enjoyment of certain 
 aggregate property, left with the condition 
 therein imposed, that they are to pass in 
 their integrity perpetually, successively to 
 the eldest son. Schmidt's Civ. Law, 62. 
 A species of entail. 
 
 MEAN. [Lat. medius ; Fr. mesne.'\ In- 
 termediate. See Mesne. 
 
 MEANDER. To pursue a winding 
 course, as a river or stream. 
 
 To follow the course of a stream, ac- 
 cording to its windings. To survey a 
 stream according to its actual course. A 
 term in western land law. See 2 Wiscon- 
 sin R. 308, 317, and the statute there 
 cited. 
 
 MEASE, Mese. [L. Fr. mese, meason ■ 
 from Germ, m^.] In old English law. 
 
MED 
 
 (190) 
 
 MEL 
 
 A messuage or dwelling-house, Spel- 
 man. Cowell. FimKs Law, b, 1, ch. 3, 
 num. 28. 
 
 MEASUEE OF DAMAGES. The rule, 
 or rather the system of rules, governing 
 the adjustment or apportionment of dam- 
 ages as a compensation for injuries in ac- 
 tions at law. See Sedgvnch on the Meas- 
 ure of Damages, passim. 
 
 MCDFEE. In old English law. A 
 bribe or reward; a compensation given 
 in exchange, where the things exchanged 
 were not of equal value. Cowell. 
 
 " MEDALS," in a will, has been held to 
 pass curious pieces of current coin kept by 
 a testator with his medals. 3 Ath, 202. 
 2 Williams on Exec. 1032. 
 
 MEDIA ANNATA. Span. In Spanish 
 law. Half-yearly profits of land. & Texas 
 B. 34, Y9. 
 
 MEDIA NOX. Lat. In old English 
 law. Midnight. Ad mediam noctem ; at 
 midnight. Fleta, lib. S, c. 5, § 31, 
 
 MEDIATOE. L. Lat. [from medius, 
 middle.] In old English law. An arbi-: 
 trator. Dyer, 111. 
 
 MEDICAL JUEISPRUDENCE. The 
 science which applies the principles and 
 practice of the different branches of medi- 
 cine to the elucidation of doubtful questions 
 in a court of justice. Otherwise called 
 forensic medicine. Whar Ion's Lex. A 
 sort of mixed science, which may be con-; 
 sidered as common ground to the practi-^ 
 tioners both of law and physic. 1 Steph.: 
 Com. 8. 
 
 MEDIETAS. L. Lat. [from medius, 
 middle.] In old English law. A moiety ; 
 one half. Fleta, lib. 2, c. 67, § 10. A 
 half part, divided and separated; as di- 
 midium was the half a thing before division. 
 Latch, 224. But see 6 Jifot?. 231. Some- 
 times Englished, mediety. 1 W. Bl. 490. 
 
 MEDIETAS LINGUA. L. Lat. In 
 old practice. Moiety of tongue ; half- 
 tongue. Applied to a jury empanelled in 
 a cause, consisting the one half oi natives, 
 and the other half oi foreigners. Comb. 
 20. See De medietate lingucB. 
 
 MEDITATIO FUGJE. Lat. In Scotch 
 law. Contemplation of flight ; intention to 
 abscond. 2 Karnes' Equity, 14, 16. Bell's 
 Diet. 
 
 MEDIUM TEMPUS. L. Lat. In old 
 English law. Mean time ; mesne profits. 
 Cowell. 
 
 MEDIUS. Lat. In old English law. 
 Mean ; intermediate ; between two. 
 
 A mesne ; an intermediate lord. Tenens 
 habens medium inter ipsum et eapitalem 
 dominum ; a tenant having a mesne be- 
 tween himself and the chief lord. Stat. 
 Westm. 2, c. 6. Fleta, lib. 2, c. 50. 
 
 In old continental law. A man of mid- 
 dle condition. L, Alam. tit. 67. 
 
 MEDLETUM, Melletum. L. Lat. [from 
 Fr. mesler, to mix or mingle.] In old Eng- 
 lish law. A mixing together; a medley 
 or melee ; an affray or sudden encounter. 
 
 An offence suddenly committed in an 
 affray, {culpa quam quis inopinate comr 
 miserit, rixando et pugnando.) Spelman. 
 Glanv. lib. 1, c. 2. Bract, fol. 154 b. The 
 English word medley is preserved in the 
 term chance-medley. 
 
 An intermeddling,' without violence, in 
 any matter or business. Spelman. 
 
 MEEN. L. Fr. Mesne ; a mesne lord. 
 Britt. c. 27. 
 
 MEEE. L. Fr. The sea. Wreh de 
 meer ; wreck of the sea. Britt. c, 21, 
 33. 
 
 MEES. L. Fr. A house or dwelling. 
 5n<<. c. 40, 72, fol. 102'b. 
 
 MEIGNEE, Meiny. L. Fr. Family; 
 household. Kelham. 
 
 MEIN. L. Fr. A hand. Meins mises 
 suT' seintz ; hands laid upon the holy 
 (Gospels.) Kelham. 
 
 MEINDEE AGE. L. Fr. Minority; 
 lesser age. Kelham. 
 
 MEINS. L.Fr. Less; least. Kelham. 
 
 MEITE, Meited. L. Fr. Moiety; a 
 moiety or half. LL. Gul. Conq. 11. 31, 45. 
 
 MEJORADO. Span. In Spanish law. 
 Preferred ; advanced. White's New Becop. 
 1. 3, tit. 10, c. 1, § 4. 
 
 MELDFEOH. Sax. [from meZi, infor- 
 mation, and feoh, a reward.] In Saxon 
 law. A reward given to an informer. , 
 LL. Inoe, MS. c. 20. Spelman. 
 
 MELIOE. Lat. Better; the better. 
 Melior res ; the better, (best) thing or 
 chattel. Bract, fol. 60. See Potior. 
 
 *lIelior est jnstitia vere prseveniens quam 
 severe pimiens. That justice which abso- 
 lutely prevents [a crime] is better than that 
 which severely punishes it. 3 Inst. Epil. 
 
 Mclior est conditio possidentis. The con- 
 dition of the party in possession is the bet- 
 ter one. Fleta,Y\\). 6, c. 89, 8 7. ftuum de 
 
 lucro duorum paEratur. melior est causa 
 possidentis. Dig. 50. 17. 126. 2. 
 Melior est conditio possidentis, et rci qnam 
 
 actoris. The condition of the party in 
 possession is the better one, and that of a 
 
MEM 
 
 (191) 
 
 MEM 
 
 defendant is better tlian that of a plaintiff. 
 4 Inst. 180. Best on Evid. 293, 8 252. 
 
 lUelior est conditio possidentis ubi neuter 
 
 jus liabet. Where neither has the right, 
 the condition of the party in possession is 
 the better. Jenk. Cent. 118, case 36. 
 
 lejiorem conditionem suam fttcere potest 
 minor, deteriorein nequaquam. A minor 
 
 can mate his condition better, but by no 
 means worse. Co. Litt. 337 b. 
 
 MELIORATIO. Lat. [from meliar, bet- 
 ter.] In old Enghsh law. A melioration ; 
 a making better ; an improvement or bet- 
 terment. Bract, fol. 76. Stat. Marlhr. 
 pr. See Fevd. Lib. 2, tit. 28, § 2. 
 
 MELIUS. Lat. Better; the better. 
 Melius averium, ; the better [best] beast. 
 Bract, fol. 60. Secundum vel tertium me- 
 lius ; second or third best. Fleta,lih.2,c. 
 57, § 1. 
 
 Melius est omnia mala pati quam malo 
 Consentirei It is better to suffer all wrongs, 
 [any wrong] than to consent to wrong. 3 
 Jnst. 23, marg. 
 
 Melius est recurrere quam male currere. 
 
 It is better to run back than to run badly ; 
 it is better to retrace one's steps, than to 
 proceed improperly. 4 Inst. 176. 
 
 Melius est in tempore occurrere, qnam post 
 causam vnlneratam remedium quaerere. It 
 is better to meet a thing in time, than after 
 an injury inflicted, to seek a remedy. Fleta, 
 lib. 6, c. 37, § 15. 2 Inst. 299. 
 
 MELIUS INQUIRENDUM, (or IN- 
 QUIRENDO.) L. Lat. (To be better 
 inquired.) In old English practice. The 
 name of a writ issued to the escheator, 
 commanding him to make a further inquiry 
 or to take a new inquisition respecting 
 a matter; as to inquire who was the 
 next heir of a party who died seised of 
 lands, &c. Reg. Orig. 293. F. N. B. 
 255 C. 
 
 MELLER. L. Fr. To mix or blend; 
 to meddle with ; to interfere or interpose. 
 Kelham. 
 
 MELLETUM, Medletum. L. Lat. [from 
 L. Fr. meller, q. v.] In old Scotch law. 
 Dissension; contest or strife. Skene de 
 Verb. Sign. See Medletum. 
 
 MEMBRANA. Lat. In the civil law. 
 Parchment. Big. 32. 52. 
 
 In old English law. A skin of parch- 
 ment. The English rolls are composed of 
 several of these skins ; and their contents 
 are frequently distinguished according to 
 the skin on which they are written. Thus, 
 Mag. Hot. Stat, membr. 40. Hot. Cart. 
 
 28 Edw. L membr. 16. Hale's Hist. Com. 
 Law, l7. 
 
 MEMORANDUM. Lat. [from memo- 
 rare, to remember.] To be remembered ; 
 be it remembered. A formal word with 
 which the body of a record in the court of 
 King's Bench anciently commenced : " Me- 
 morandum quod alias, scilicet termino," 
 (fee. and which has been literally translated 
 in modem records, " Be it remembered that 
 heretofore, to wit, in the term," <fec. Towns. 
 PI. 486. Bohun's Instit. Legalis. 32. 2 
 Tidd's Pr. 719. The whole clause is now, 
 in practice, termed, from this initial word, 
 the memorandum, and its use is supposed 
 to have originated from the circumstance 
 that proceedings " by bUl," (in which alone 
 it has been employed) were formerly con- 
 sidered as the by-business of the court. 
 Gilb. C. Pleas, 47, 48. 
 
 The term memorandum is also sometimes 
 applied to a special clause in an instrument, 
 to which attention is particularly required, 
 as in a policy of insurance ; and it has now 
 become an ordinary word signifying a brief 
 note in writing of some transaction, or an 
 outline of an intended instrument, or an 
 instrument drawn up in a brief and com- 
 pendious form. . 
 
 MEMORANDUM. A clause in a ma- 
 rine policy of insurance, declaring that cer- 
 tain enumerated articles, and any other 
 articles that are perishable in their own 
 nature, shall be free from average under a 
 given rate, unless general, or the ship be 
 stranded. 3 Kent's Com. 294, 295. 2 
 Phillips on Ins. 467. This clause was 
 first introduced into the London policies 
 in May, 1749. Id. note. 
 
 MEMORANDUM. A writing required 
 by the Statute of Frauds, to bind the par- 
 ties to agreements in certain specified cases. 
 2 Kent's Com. 510. It may be either all 
 on one paper, or on several papers, if suf- 
 ficiently connected, and it must contain the 
 substance of the agreement ; that is to say, 
 the parties, the consideration, and the sub- 
 ject matter, as well as the promise and sig- 
 nature. See Blackburn on the Contract of 
 Sale, c. 4. 
 
 MEMORANDUM CHECK. A check 
 intended not to be presented immediately 
 for payment; such understanding being 
 denoted by the word mem. written upon 
 it. But it has been held that the making 
 of a check in this .way does not affect its 
 negotiability, or alter the right of the 
 holder to present it to the bank, and de- 
 
MEN 
 
 (192) 
 
 MEN 
 
 mand payment immediately. 11 Paiges 
 B. 612. 
 
 MEMORIA. Lat. In old English law. 
 Memory ; faculty of remembrance ; mental 
 soundness generally. JJtrwm compos sui 
 et boncB memoriae, cum sano intellectu et 
 sensu integro ; -whetlier having power of 
 himself, and of good memory, with sound 
 understanding, and perfect sense. Bract. 
 fol. 15 b. Vel esse sance mentis, vel non 
 bonce memorise ; or to be not of sound 
 mind, or not of good memory. Id. fol. 43. 
 Fleta, lib. 3, c. 7, § 1. 
 
 In old records. A monument or sepul- 
 chre. Cowell. Spelman. 
 
 MEMORIE. L. Fr. [from Lat. memoria, 
 q. v.] Memory ; mind or understanding. 
 Ne fuit . mie en droit memorie en temps 
 du feffemmt ; was not in his right 
 mind at the time of the feoffment. Britt. 
 c. 80. 
 
 MEMORY. [Lat. memoria; L. Fr. 
 memorie.^ Used generally with the word 
 mind, to denote full possession of the intel- 
 lectual powers, as in the expression, " sound 
 and disposing mind and memory," and the 
 "sance mentis et bonce memorise" of the 
 ancient la,w. The Fr. memorie, however, 
 was sometimes singly used in this compre- 
 hensive sense, as in the phrase de non sane 
 memorie, (q. v.) See Memorie. 
 
 MEMORY (or TIME OF MEMORY.) 
 In English law. A period fixed by the 
 statute of Westminster 1, A. D. 1276, to 
 commence from the beginning of the reign 
 of Richard L 2 Chiit. Bl. Com. 30,-31, 
 and note. 1 Steph. Com. 45. See pream- 
 ble to Stat. 2 & 3 Will. IV. c. 71. 
 
 MENAUNTISE. L. Fr. A place of 
 residence. Britt. c. 120. 
 
 MENDACIUM. Lat. [from menddx, ly- 
 ing.] In old English law. Falsehood; a false- 
 hood or lie ; a false statement made with 
 intent to deceive ; {^falsa significatio vocis, 
 cum intentione fallendi.) Fleta, lib, 6, c. 
 22, § 6. Fleta enumerates eight kinds of 
 falsehoods. Id. ibid. See Grotius de Jur. 
 Bell. lib. 3, c. 1, § 9. 
 
 MENEE, Meyne. L. Fr. [from mener, 
 q. v.] A leading. Ovesque la menee de 
 corns et de bouche; with the leading of 
 horns and of mouth. Britt. c. 12, 27. A 
 description of the ancient hue and cry 
 which was led by a number of men, sound- 
 ing horns and shouting. 
 
 MENER, Meaner, Menir. L. Fr. To 
 lead ; to conduct or manage ; to bring ; to 
 drive; to carry. Pris et mene h nosire 
 
 gaole; taken and carried lo our gaol. 
 Britt. c. 29. 
 
 MENETUM. L. Lat. In .old Scotch 
 law. A stock-horn ; a horn made of 
 wood, "with circles and girds of the 
 same." Skene de Verb. Sign. 
 
 MENIAL. A term applied to ^ do- 
 mestic servant, as being intra mcenia, 
 (within the walls.) 1 Bl. Com. 425. 
 
 MENS. Lat. Mind; understanding. 
 Calv. Lex. Mente captus ; of unsound 
 mind. Id. Fleta, lib, 3, c. 3, § 10. 
 
 Will ; meaning ; intention. Id. Mens 
 testatoris in testamentis speetanda est. The 
 
 intention of the testator is to be regarded 
 in wills. Jenk Cent. 277. Actns non 
 faeit reum, nisi mens sit rea, (q. v.) See 
 
 MENS LEGI8LAT0RIS. Lat. The 
 intention of the law-maker. Snares de 
 Leg. lib. 6, c. 1. Bl. L. Tr. 3. 
 
 MENSA. Lat. In the civil law. A 
 table ; the table of a money-changer. Dig. 
 2. 14. 47. 
 
 MENSA. Lat. In old EngUsh law. 
 A table ; board. See A mensa et thoro. 
 
 MENSIS. Lat. In civil and old Eng- 
 lish law. A month. Big. 50. 17. 101, 
 Mensis vetitus ; the prohibited month ; 
 fence-month, (q. v.) 
 
 MENSOR. . Lat. [from metiri, to mea- 
 sure.] In the civil law. A measurer of 
 land; a surveyor. Dig. 11. 6. Id. 50. 
 6. 6. Cod. 12. 28. 
 
 MENSULARIUS. Lat. [from mensa, a 
 table.] In the civil law. A money- 
 changer or dealer in money, (nummula- 
 riusS Dig. 2. 14. 47. 1. 
 
 MJENSURA. Lat. In old English law. 
 A measure. Una mensura vini sit per to- 
 turn regnum nostrum, et una mensura 
 cervisice, et una mensura bladi ; there shall 
 be one measure of wine throughout our 
 whole realm, and one measure of ale, and 
 one measure of grain. Magna Charta, 
 9 Hen. III. c. 25. 
 
 A bushel. Cowell. 
 
 MENSURA DOMINI REGIS. L. Lat. 
 The king's measure. Fleta, lib. 2, c. 12, 
 § 1. Otherwise called mensura regalis ; 
 the standard measure kept in the ex- 
 chequer. Cowell. 1 Bl. Com. 276. 
 
 MENTIRL Lat. To lie ; to assert a 
 falsehood. Mentiri est contra mentem ire ; 
 to lie is to go against the mind. An ety- 
 mology of the civilians, adopted in some of 
 the old reports. Calv. Lex. 3 Bulstr. 
 260. 
 
MEK 
 
 (193) 
 
 MER 
 
 MERCANDISA, Merchandisa, Mer- 
 candisia. L. Lat. In old English law. 
 Merchandize ; all goods and wares ex- 
 posed to sale in fairs or markets. Paroch, 
 Antiq. 311. Magna Oharia, 9 Hen. III. 
 c. 14. Bract. M. 57. 
 
 MERCANTILE LAW. The law of 
 trade ; that branch of law which defines 
 and enforces the rights and duties of mer- 
 chants or mercantile . persons ; embracing 
 the law of partnership, of principal and 
 agent, of bills and notes, of sale, of bail- 
 ment, guaranty, and lien, the law of ship- 
 ping, of insurance, (fee. 
 
 MERCAT. An old form of market, 
 common in Scotch law, closely formed 
 from the Lat. mercatum, (q. v.) 
 
 MERCATIO. Lat. [from mercari, to 
 buy.] A buying ; a trafficking or trading. 
 
 MERCATOR. Lat. [{rom. mercari, to 
 buy.] In civil and old English law. A 
 trader ; a merchant. Strictly, a buyer. It 
 included all sorts of traders oi buyers and 
 sellers. Couiell. Mag. Chart. 9 Hen. III. 
 cc. 14, 30. 2 Show. 325. Bract, fol. 
 834. The Lombards, in the thirteenth 
 century, were called mercatores and camp- 
 sores. 1 Bob. Charles V. Appendix, Note 
 XXX. See Merchant. 
 
 A mercer. 2 Show. 326. 
 
 MERCATUM, Mercatus, Mercadum, 
 Marcatum, Marcadum. L. Lat. [from 
 mercari, to buy.] In old European law. 
 A place of public buying and selling; a 
 place of trade or traffic ; a market ; [forum 
 rerum venalium, locus publicce mercationis.) 
 SpelmMn. Marcatum, mercadum, and 
 marcadum are used in continental law. 
 Mercatum is used by Bracton and other 
 English writers. Bract, fol. 56 b, 235. 
 Fleta, lib. 4, c. 28, §§ 13, 14. Mercatus 
 occurs in the civil law. Cod. 4. 60. 1. 
 
 MERCEN-LAGE, MercKen-lage, Mer- 
 chen-lae. [Sax. Myrcnalag ; L. Lat. Mer- 
 chenelega.~\ The Mercian law, or law of 
 the Mercians. One of the three principal 
 systems of laws which prevailed in Eng- 
 land, in the times of the Saxons ; being 
 that which was observed in many of the 
 midland counties, and those bordering on 
 the principahty of Wales. Spelman. 1 
 Bl. Com. 65. 
 
 MERCES. Lat. In the civil law. 
 Hire or compensation; the reward of la- 
 bor, whether money or other thing. Dig. 
 19. 2. 2. Calv. Lex. 
 
 MERCHANDIZE. [L. Lat. merchan- 
 disa, m^rcandisa ; Lat. merxi] Articles of 
 
 trade or traffic; subjects of commerce; 
 things bought and sold, or bought to be 
 sold again.* " The term merchandize is 
 usually, if not universally, limited to things 
 that are ordinarily bought and sold, or are 
 ordinarily the subjects of commerce and 
 traffic." " The fact that a thing is some- 
 times bought and sold, is no proof that it 
 is merchandize." Story J. 2 Story's B. 
 16, 53. " The term merchandize is usually 
 applied to specific articles, having a sensi- 
 ble intrinsic value, bulk, weight or measure 
 in themselves, and not merely evidences of 
 value." Id. 54. On this ground, bank 
 biUs were held not to be merchandize. Id. 
 ibid. See 6 WendelVs R. 335. On the 
 other hand, silver dollars were held to be 
 merchandize. 2 Mason's B. 467. In other 
 cases, a broader meaning has been claimed 
 for the word. 3 Metcalfs R. 365, 367, 
 Wilde, J. 
 
 MERCHANT. [L. Fr. marcAaw* ; Lat. 
 mercator, from mercari, to buy.] Strictly, 
 a buyer ; one who buys to sell, or buys 
 and sells ; a trader ; one who deals in the 
 purchase and sale of goods ; a dealer in 
 merchandize. 
 
 . One who traffics or carries on trade with 
 foreign countries ; one who exports and 
 imports goods, and sells them by whole- 
 sale. Webster. This is considered ^by 
 Webster the proper sense of the word; 
 but there is nothing in the etymology, or 
 in the application of the equivalent words 
 in Latin and French, which warrants such 
 a restriction of meaning. It appears to 
 have grown out of mercantile usage, and it 
 is very properly said by the editor of 
 Cowell, that mercator, the Latin equivalent, 
 embraced all sorts of traders or buyers and 
 sellers, and that the Scotch, in calling their 
 pedlars merchants, keep the primitive use 
 of the word. Indeed, Bracton expressly 
 applies the term mercator to those itiner- 
 ant chapmen for whose benefit the courts 
 of pepoudrous or piepouders were held. 
 Bract, fol. 334. In 2 Show. 326, it was 
 said, "in the country, every shop-keeper 
 is styled a merchant." 
 
 MERCIMONIA. Lat. In old writs.. 
 Wares. Mercimonia et m^rchandieas ;. 
 wares and merchandizes. Beg. Brev. Ap? 
 pendix, 10. 
 
 MERCIMONIATUS ANGLIC. L. 
 Lat. In old records. The impost of Eng- 
 land upon merchandize. Cowell. 
 
 MERCY. L. Fr. and Eng. [L. Fr. 
 merci ; L. Lat. misericordiaA In old 
 13 
 
MER 
 
 (194) 
 
 MER 
 
 practice. The arbitrament or discretion of 
 the king, lord or judge, in punishing any 
 offence, not directly censured by the law. 
 Cowell. To be " in mercy" seems to have 
 originally signified, to be subject to the 
 discretion of the king, <fec. as to the amount 
 of punishment. Hence were framed the 
 Fr. amercir, and English amerce, and 
 amercement, denoting the imposition of a 
 pecuniary punishment in general terms. 
 See Amerce, Amercement, In mercy. Oc- 
 casionally, however, it was used to denote 
 a fixed sum. Soit en nostre mercy a cent 
 sous ; shall be in our mercy at a hundred 
 shillings. JBritt. c. 22, fol. 59. 
 
 MERE. Sax. A marsh. Spelman. 
 
 MERE. L. Fr. Mother. Aele, mere, 
 fille ; grandmother, mother, daughter. 
 Britt. c. 89, fol. 180 b. 
 
 MERE RIGHT. [L. Lat. merum jus ; 
 L. Fr. meer droit^ The mere right of 
 property in land ; the^MS proprietatis, with- 
 out either possession or even the right of 
 possession. 2 Bl. Com. 197. The abstract 
 right of property. 
 
 MERE-STONE. In old English law. 
 A stone for bounding or dividiog lands. 
 Yearb. P. 18 Hen. VI. 5. 
 
 MEREMITJM. L. Lat. [fromL. Fr. meres- 
 me, mereme^ In old English and Scotch law. 
 Tipiber. Ad buscam, meremium, corticem 
 vel carbonem emendum ; to buy brush-wood, 
 timber, bark or coal. Cart, de For. c. 14. 
 Skene de Verb. Sign. See Mmremium. 
 
 MERENNIUM, Merennum. L. Lat. 
 In old records. Timber. Cowell. A 
 corruption of meremium, (q. v.) 
 
 MERGER, [from Fr. merger, to drown, 
 from Lat. mergere, to plunge.] The drown- 
 ing, sinking, absorption or extinguishment 
 of one estate in another.* The extinguish- 
 ment by act of law, of one estate in 
 another, by the union of the two estates. 
 Preston on Merger, '7. The consolidation 
 .of a greater estate with a less.* " It is a 
 general principle of law, that where a 
 greater estate and a less coincide and meet 
 iin one and the same person, without any 
 intermediate estate, the less is immediately 
 annihilated, or, in the law phrase, is said to 
 be merged, that is, sunk or drowned in the 
 greater. Thus, if there be tenant for years, 
 and the reversion in fee simple descends 
 to, or is purchased by him, the term of 
 years is merged in the inheritance, and 
 shall never exist any more." 2 Bl. Com. 
 177. 1 Steph. Com. 293. 4 Kent's Com. 
 99. 2 Crabb's Real Prop. 1057, § 2447. 
 
 Lee on Abstracts, 255, So, a term for 
 years may merge in another term that is 
 immediately reversionary to, or expectant 
 upon it. Id. ibid. 4 Kmts Com. 99. 
 
 The absorption or extinguishment of one 
 contract in another. Where an engage- 
 ment has been made by way of simple con- 
 tract, and afterwards the same engagement 
 is entered into between the same parties 
 by deed, the simple contract is merged in the 
 deed, and becomes totally extinguished.* 
 Smith on Contracts, 18. 2 Penn. P. 533. 
 
 1 Watts dk Serg. B. 83. 
 MERIDIES. L. Lat. In old English 
 
 law. Noon. Fleta, lib. 5, c. 5, § 31. 
 
 MERISME, Mcerisme. L. Fr. Timber. 
 Yearb. H. 9 Edw. IIL 4. Kelham. 
 
 MERESME, Mereme. L. Fr. Timber. 
 Yearb. H. 9 Edw. HL 4. P. 7 Hen. VL 47. 
 
 MERITS. In practice. Matter of sub- 
 stance in law, as distinguished from matter 
 of mere form ; a substantial ground of de- 
 fence in law. A defendant is said "to 
 swear to merits," or " to make affidavit of 
 merits," when he makes aflBdavit that he 
 has a good and sufficient or substantial 
 defence to • the action on the merits. 3 
 Chitt. Gen. Pr. 543, 544. Merits, in this 
 application of it, has the technical sense of 
 merits in law, and is not confined to a 
 strictly moral and conscientious defence. 
 Id. 545. 1 Burr. Pr. 214. 
 
 MERS. In old English law. Marshy 
 ground. Spelman. 
 
 MERTON, Statute of. A celebrated 
 English statute, passed in the 20th year of 
 the reign of Henry III. A. D. 1253. So 
 called, because the parliament was then 
 holden at the monastery or priory of the 
 canons regular of Merton, in Surrey, seven 
 miles distant from the city of London. 
 
 2 Inst. 79. Barringt. Obs. Stat. 46. Mr. 
 Barrington observes that it seems to be 
 only an- ordinance. Id. Hale' s Hist. Com. 
 Law, 9, 10, note, (Runnington's ed. 1820.) 
 It is the first of those old statutes which 
 Sir Matthew Hale describes as not being 
 of record, but only their memorials pre- 
 served in ancient printed and MS. books 
 of statutes. Id. 18. Bracton calls it the 
 Constitutio de Merton. Bract, fol. 227. 
 
 MERUM. Lat. In old English law. 
 Mere; naked or. abstract. Merum jus; 
 mere right. Bract, fol. 31. Majus jus 
 merum ; more mere right. Id. ibid. See 
 Mere right. 
 
 MERUM IMPERIUM. Lat. In the 
 civil law. The simple power of punish- 
 
MIS 
 
 (195) 
 
 MES 
 
 ment. Hallifax, Anal, b. 3, c. 8, 
 num. 5. 
 
 MERX. Lat. Merchandize; moveable 
 articles that are bought and sold ; articles 
 of trade. See infra. 
 
 Mcrx est quicquid vendi potest. Merchan- 
 dize is whatever can be sold. Every per- 
 sonal thing for which merchants traffic 
 may be called merchandize. Com. 355. 
 3 Wooddes. Lect. 263. Wilde, J. 3 Met- 
 calfs R. 365, 367. The broad terms of 
 this maxim are qualified by the following. 
 Mercis appellatio ad res mobiles tantnm 
 pertinet. The term merchandize belongs 
 to moveable things only. Dig. 50. 16. 66. 
 Mercis appellationc homines non contineri. 
 Men are not included under the denomina- 
 tion of merchandize. Dig. 50. 16. 207. 
 Man is never comprehended under the 
 name of merchandize. Emer. Tr. des 
 Ass. ch. 8, sect. 4. 
 
 MERYM, Merime, Merisme, Maerisme, 
 Merrien, Merin. L. Fr. Timber. Kelham. 
 MSB, Meas, Mas. L. Fr. But. Britt. 
 passim. Litt. passim. Kelham. Mes vide ; 
 but see. T. Baym. 11. Mes adjornat ; 
 but it is adjourned. Id. 201, 208. 
 
 MESQUE. L. Fr. Except; unless. Fet 
 Assaver, § 23. 
 
 MES. tor. mo. CO. gar. tcr. pra. pa9. bos. brue. mora, 
 Juaca. maris, alne. rus. re. sectare priora. 
 
 A rhyming couplet artificially constructed 
 by the old practitioners in real actions, for 
 the more easy remembrance of the rule re- 
 quiring the various parcels of land which 
 might be demanded in a writ of right, to 
 be named in a certain order. It consists 
 of the first syllables of the following 
 words: ifessuagium, toftum, »iolendinum, 
 columbare, ^rordinum, ierra, pratum, pas- 
 tura, Joscus, brueva. mora, Juncaria, maris- 
 cus, alnetwca, rascaria, reditus ; (in Eng- 
 lish, messuage, toft, mill, dovehouse, gap 
 den, land, meadow, pasture, wood, heatn, 
 moor, rush-ground, marsh, alder-ground, 
 broom-ground, rent ;) the words Aectare 
 priora (follow the first syllables) denoting 
 how it was to be read. F. N. B. 2 C. 
 In the Register, the complementary sylla- 
 bles are written over each of the abbrevia- 
 tions. Reg. Orig. 2. 
 
 MESAVENTURE. , L. Fr. A mis- 
 chance. Defined by Britton to be, where 
 persons die by falling from trees, ships, 
 carts, horses, mills, &c. Britt. c. 7, fol. 6, 
 15 b. See Misadventure. 
 
 MISCREAUNTES. L. Fr. In old 
 English law. Apostates; unbelievers; in- 
 
 fidels. Glassed by Britton with the worst 
 criminals; as murderers, robbers, prison- 
 breakers, sorcerers, poisoners, &c. Britt. 
 c. 29. Hence the term miscreant. 4 Bl. 
 Com. 44. Otherwise written mescroyantz. 
 Id. ibid. note. 
 
 MESCRTJ. L. Fr. Suspected of crime ; 
 guilty. Britt. c. 1, 4. 
 
 MESE, Mees, Meas. L. Fr. In old 
 English law. A house. Litt. sect. 69, 
 71, 701. Derived by Spelman, with the 
 L. Lat. messuagium, from the 0. Lat, 
 massa, another form of mansa or mansus. 
 Spelman, voc. Mansus. 
 
 MESFAIT. L. Fr. A misdeed; an 
 offence. Britt. c. 29, fol. 71 b. 
 
 MESFESOUR. L. Fr. A wrong-doer; 
 an offender; a criminal. Britt. c. 15, 22, 29. 
 
 MESME. L. Fr. The same. Frequent- 
 ly contracted to m. Reg. Orig. 17, nota. 
 
 MESNALTY, Mesnality. In old Eng- 
 lish law. The estate or right of a mesne, 
 (q. V.) Termes de la Ley. 
 
 MESNE. L. Fr. and Eng. [Lat. medius."] 
 Middle ; intermediate ; between two per- 
 sons or proceedings. See Medius and infra. 
 
 An intermediate lord ; a lord who stood 
 between a tenant and the chief lord ; a lord 
 who was also a tenant. " Lord, mesne, and 
 tenant; the tenant holdeth by four ponce, 
 and the mesne by twelve pence." Co. 
 Litt. 23 a. 
 
 MESNE LORD. - In old English law. 
 A middle or intermediate lord; a lord 
 who held of a ^perior lord. 2 Bl. Com. 
 59. More commonly termed a mesne, 
 (q. V.) 
 
 MESNE PROCESS. In practice. In- 
 term^iate process ; process intervening 
 between the beginning and end of a suit. 
 3jBI. Com. 279. Process not only for the 
 plaintiff against the defendant, but for 
 either of them against any other whose 
 presence in the court may be necessary for 
 them; as against juries, witnesses, or to 
 execute judgments given. FincKs Law, 
 b. 4, ch. 43. 
 
 The writ of capias ad respondendum. 
 Called mesne, to distinguish it on the one 
 hand, from the original process by which 
 a suit was formerly commenced ; and on 
 the other, from the final process of execu- 
 tion. 3 Bl. Com. 279. 
 
 MESNE PROFITS. [L. Lat. media 
 proficua.] In practice. Intermediate pro- 
 fits ; profits which have been accruing be- 
 tween two given periods. Holthouse. Pro- 
 fits of land, which a tenant has received 
 
MES 
 
 (196) 
 
 MET 
 
 during tie period of his wrongful posses- 
 sion ; and which, after a recovery in eject- 
 ment, may be recovered by an action of 
 trespass. 3 Bl. Com. 205. In New- 
 York, a proceeding by suggestion has 
 been substituted for an action. 2 Rev. 
 St. [310,] 236, § 44. 
 
 MESNER. L. Fr. To lead; to con- 
 duct or manage. Kelham. See Mener. 
 
 MESPRENDRE. L. Fr. To misbe- 
 have ; to do amiss ; to offend. Kelham, 
 
 To mistake. Id. This is the literal 
 meaning. 
 
 MESPRISION. L. Fr. [from mespren- 
 dre, q. v.] Mistake; a mistaking. Par 
 raesprision de nosmes nomahles ; by mis- 
 take of names that should be named. 
 Britt. c. 48, fol. 123 b. 
 
 MESS BRIEF. Germ. In Danish sea 
 law. One of a ship's papers ; a certificate 
 of admeasurement granted at the home 
 port of a vessel, by the government or by 
 some other competent authority. Jacob- 
 sen^ s Sea Laws, 51. 
 
 MESSIS. Lat. ' A harvest or crop. 
 Messis sementem sequltur. The crop be- 
 longs to [follows] the sower. A maxim in 
 Scotch law. . Where a person is in posses- 
 sion of land which he has reason to be- 
 lieve is his OTvn, and sows that land, he 
 will have a right to the crops, although 
 before it is cut down, it should be discov- 
 ered that another has a preferable title to 
 the land. Bell's Diet. 
 
 MESSOINGES. L. Fr. Lies. Kelham. 
 MESSOR. Lat. In old English law. 
 A reaper. Fleta, lib. 2, c ,73, J 4. See 
 Id. c. 84. 
 
 MESSUAGE. [L. Lat. messuagium, 
 m,esuaffium; L. Fr. mease, meason.'] A 
 dwelling-house, with some adjacent land 
 assigned to the use thereof. Cowell. Spel- 
 man. — A dwelling-house with the adjacent 
 buildings, including garden, orchard and 
 curtilage..* Co. Litt. 6 b, 6. Burton's 
 Real Prop. llB, pi. 546. Held, in some of 
 the old cases, to be a word of larger import 
 than house ; the latter word comprehend- 
 ing buildings only. Keilw. 67. But this 
 is now overruled in England. 2 Term B. 
 498. 1 Crahh's Real Prop. 74, § 89. 
 And see Cro. Jac. 634. Which is merely 
 restoring the ancient interpretation of the 
 word ; it having been held, as far back as 
 the Year Books, that there was no differ- 
 ence between a house and a messuage. 
 Fairfax, J. M. 21 Edw. IV. 62. fhel. 
 Dig, lib. 8, c. 1, ^ 6. See ace. 4 Perm. 
 
 St. (Barr's) i2. 93. 2 Hilliard's Real Prop. 
 338. See House, Messuagium. 
 
 This word, which is still of constant oc- 
 currence in conveyances and wills, is de- 
 rived by Spelman from the L. Lat. or Ital. 
 massd, (q. v.) or old Fr. mas, answering to 
 the L. Fr. mese, (q. v.) 
 
 MESSUAGIUM, Mesuagiurri. L. Lat. 
 A messuage. Reg. Orig.l. Cro. Jac. 634:. 
 Messuagium sive domus, (a messuage or 
 house,) are one and , the same. Id, ibid. 
 This identity of signification is confirmed 
 by the use of mesuagium in the Magna- 
 Charta of 9 Hen. III. as the synonyme of 
 domus, in the charter of King John, c. 7. 
 
 MESTER, Mestre, Meister, L. Fr. 
 Need ; occasion. Si mester soit ; if need 
 be. Britt, c. 1. II n'est pas mestre; 
 there is no need. Yearb, P. 6 Edw. 
 IH. 5. 
 
 MESTIER. L. Fr. Business; occupa- 
 tion. Tin coroner que face le mestier de la 
 corone ; a coroner who shall attend to the 
 affairs of the crown. Britt, fol. 2. 
 
 MESURE. L. Fr. Measure. Britt, 
 c. 30. 
 
 META. Lat. The goal of a Roman 
 race-course ; a mark or object about which 
 the chariots turned, and where the course 
 ended. 
 
 In old English law. A boundary line ; 
 a border or terminus. Properly, a visible 
 object, standing upon the line, as a stone 
 or tree, and showing where it ended ; a 
 butt. See Butts and bounds, Bundce et 
 metae, et rationabiles divisce quce ponuntur 
 in terminis et finibus agrorum, ad distin- 
 guendum prcedia et dominia vicinorum ; 
 bounds and metes and reasonable divi- 
 sions which are set on the borders and 
 limits of lands, in order to distinguish the 
 estates and properties of neighbors. Bract, 
 fol. 166 b, 167. Fleta, lib. 2, c. 41, § 80. 
 Pro metis et terminis ponendis, Mag, Rot, 
 3 Hen. IIL rot. 14 b. 
 
 METALLUM. Lat. In the Roman 
 law. Metal ; a mine. 
 
 Labor in mines, as a punishment for 
 crime. Dig, 40. 5. 24. 5. Calv: Lex, 
 
 METATUS. L. Lat. In old European 
 law. A dwelling; a seat; a station; quar- 
 ters ; the place where one lives or stays. 
 Spelman, 
 METES. See Abuttals. 
 METES AND BOUNDS. -[L. Lat. 
 metoe et bundce, metce et termini.'] In con- 
 veyancing. The boundary lines of lands, 
 with their terminating points or angles; 
 
MET 
 
 (197) 
 
 MIE 
 
 terminal lines, ■with, their distinctive ob- 
 jects; end lines and side lines. Called, in 
 old Scotch law, meths and marches. Skene 
 in Reg. Maj. lib. i. c. 10. See Butts and 
 hounds. 
 
 METHOD, in patent law, construed. 
 Boulton & Watt v. Bull, 2 H. Bl. 463. 
 
 MHTPAAEA*Or, UtiTfiScXipas. Gr. [from 
 
 (i^nip, mother, and aJcX^os, brother.] In the 
 civil law. A maternal uncle, (avunculus;) 
 a mother's brother. Inst. 3. 6. 1. 
 
 MHTPAAEA*H, MijTpifto^ij. Gr. [from jif/nip, 
 
 ' mother, and aleXipv, sister.] In the civil' law. 
 A maternal aunt, {matertera ;) a mother's 
 sister. Inst. 3. 6. 1. 
 
 METROPOLIS. Grseco-Lat. and Eng. 
 [Gr. /HirpiiroXit, from fifiTTif, mother, and tkSXis, 
 city.] A mother city ; one from which a 
 colony was sent out. Calv. Lex. 
 
 The capital of a province. Id. 
 
 METROPOLITAN. In English law. 
 One of the titles of an archbishop. Derived 
 from the circumstance that archbishops 
 were consecrated at first in the metropolis 
 of a province. 4 Inst. 94. 
 
 METTRE. L. Fr. [from Lat. mittere, 
 q. v.] To put; to place or set; to fix. 
 Mettre en escript; to put in writing. Britt. 
 fol. 1. Se pusse raettve en jure ; may put 
 himself on a jury. Id. c. 68. Si U se 
 mette en pays ; if he put himself on the 
 country. Id. c. 15. 
 
 To put (a case ;) to suppose. Mettons ; 
 put, suppose. Yearh. M. 3 Hen. VI. pi. 
 16. Mettomus ; let us suppose or admit. 
 Dyer, 86. See Mitter. 
 
 METUS. Lat. In the civil law. Fear. 
 By this was meant not every kind of ap- 
 prehension {non quemlihet timorem,) but 
 the fear of some serious evil (majoris mali- 
 tatis.) Dig. 4. 2. 5. It was not the fear 
 of a foolish man {non vani hominis,) but a 
 reasonable apprehension that might be felt 
 by a man of the greatest coolness, (sed qui 
 merito et in homine constantissimo cadat.) 
 Id. 4. 2. 6. 
 
 METUS. Lat. In old English law. 
 Fear ; apprehension of danger, present or 
 expected,- {prcesentis vel futuri periculi 
 causa ;) not the fear of a foolish and tim- 
 orous person, but such as may influence 
 a steady man, (talem qui cadere possit in 
 virum constantem ;) such a state of appre- 
 hension, as may include peril of death and 
 bodily suffering ; {talis enim debet esse metus 
 qui in se eontineat mortis periculum et cor- 
 poris cruciatum.) Bract, fol. 16 b. Fleta, 
 lib. 3, c. 7, § 1. 1 Bl. Com. 131. 
 
 MEU. L. Fr. Moved; commenced, 
 as a suit. Kelham. Britt. c. 126. 
 
 MEULX, Meux, Meuz, Meutz, Meultz. 
 L. Fr. Better. Kelham. 
 
 MEUM. Lat. Mine. iJtpr. 50. 16. 91. 
 
 MEYN, ifayw. L. Fr. Hand. i)cmeyn 
 en meyn ; from hand to hand. Kelham. 
 
 An oath. A sa soule meyn ; on his own 
 single oath. Id. 
 
 Mean, intermediate. En le meyn temps. 
 Id. 
 
 MEYNOVERE. L. Fr. The same 
 with mainour, (q. v.) 
 
 MEYNOVERER. L. Fr. To occupy ; 
 to manure, (q. v.) Britt. c. 40, fol. 104. 
 
 MEYNPAST. L. Fr. A household or 
 family. Britt. c. 1. See Manupastus. 
 
 MEYNPERNOUR. L. Fr. A main- 
 pernor. Britt. c. 1, 21. 
 
 MEYNS. L, Fr. [from Lat. minus.] 
 Less; insufficiently; not. Meyns avyse- 
 ment maunde ; ill advisedly sent. Kelham. 
 Meyns sachantz ; illiterate. Id. Au meyns ; 
 at least. Id. 
 
 MEYS. L. Fr. A month. Kelham. 
 
 MI, My. L. Fr. [from Lat. medius.] 
 Half; middle. Kelham. L. Fr. Diet. 
 
 MI'A. A contraction of misericordia. 
 Comb. 352. 1 Inst. Cler. 11. 
 
 MICHAELMAS TERM. One of the 
 four terms of the English courts of common 
 law, beginning on the second day of No- 
 vember and ending on the twenty-fifth. 3 
 Steph. Com. 562. 
 
 MICHEL-GEMOT. Sax. Great meet- 
 ing. One of the names of the general 
 council of the kingdom in the times of the 
 Saxons. 1 Bl. Com. 147. 
 
 MICHEL-SYNOTH. Sax. Great coun- 
 cil. One of the names of the general council 
 of the kingdom in the times of the Saxons. 
 1 Bl. Com. 147. 
 
 MIDDLE THREAD. [L.La.t. medium 
 filum ; L. Fr. fil de myleu.] An imaginary 
 line drawn through the middle of a stream 
 in the direction of its length.* Story, J. 
 3 Sumner's B. 170, 178. 
 
 MIE. L. Fr. Not; m. Kelham. 
 
 Middle. Id. See Mi. 
 
 MIELZ, Mieltz, Miez, Miex. L. Fr. 
 Best; better. Kelham. 
 
 MIENDRE. L.Fr. Less; least. Kel- 
 ham. 
 
 MIERE, Mier, Mire. L. Fr. Mother. 
 Old forms of mere. Kelham. 
 
 MIESES. Span, [from Lat. wiessjs.?] In 
 Spanish law. Crops of grain. White's 
 New Becop. b. 1, tit. 7, c. 5, § 2. 
 
MIL 
 
 (198) 
 
 MIN 
 
 MIGRARE. Lat. To remove from one 
 place to another ; to migrate or emigrate. 
 Migrans jura amittat ac privihgia et im- 
 munitates domicilii prioris ; one who emi- 
 grates will Jose the rights, privileges and 
 immunities of his former domicil. Voet, 
 Com. ad Pand. torn. i. 347. 1 Kenfs 
 Com. 76. 
 
 MILES. Lat. In the civil law. A 
 soldier. Derived by Ulpian either from 
 militia, (hardship,) or from multitudo, or 
 from malum, (evil, which they often avert,) 
 or from milk, (a thousand.) Dig. 29. 1. 
 
 MILES. L. Lat. In old English law. 
 Knight; a knight; (Lat. a soldier.) So 
 called, because the knights (milites,) formed 
 a part of the royal army, in virtue of their 
 feudal tenures. 1 Bl. Com. 404. See Jd. 
 272. A knight bachelor. 1 Salt 6, pi. 
 14. See Milites. 
 
 MILIARE. L. Lat. In old English 
 law. A thousand. Fleta, lib. 2, c. 12, § 2. 
 
 MILITARY CAUSES. InEnglishlaw. 
 Causes of action or injuries cognizable in 
 the court military, or court of chivalry. 
 3 Bl. Com. 103. 
 
 MILITARY COURTS, in English law, 
 include the ancient court of chivalry and 
 modern courts martial, (qq. v.) 3 £1. 
 Com. 68, 103. 
 
 MILITARY FEUDS, (FIEFS or 
 FEES.) In old English law. The genuine 
 or original feuds or feudal estates, which 
 were all of a military nature, and in the 
 hands of military persons, being held by 
 the tenure of military service.* 2 Bl. 
 Com. 67. 
 
 MILITARY LANDS. In American 
 law. Lands granted to soldiers for military 
 services. United States Digest, Military 
 and Bounty Lands. 
 
 MILITARY LAW. A system of regu- 
 lations for the government of an army.* 
 A-system of regulations for the government 
 of the armies in the service of the United 
 States, authorized by the Act of Congress 
 of April 10th, 1806, and known as the 
 Articles of War. 1 Kent's Com. 341, note. 
 It is quite a distinct thing from martial 
 law. Id. ibid. 
 
 MILITARY TENURES. In English 
 law. The ancient tenures by knight ser- 
 vice and escuage, which were abolished by 
 the statute 12 Car. II. e. 24. 2 Bl. Com. 
 11. 
 
 MILITES. L. Lat. [plur. of miles, 
 knight.]- In old English law. Enights. 
 
 Cum militibus comitatuum ; with the 
 knights of the shires. Mag. Cart. 9 Hen. 
 III. c. 12. Cum quatuor militibus cujus- 
 libet comitatiis; with four knights of every 
 shire. Mag. Cart. Johan. c. 18. 
 
 In old Scotch law. Freeholders. Skene 
 de Verb. Sign. 
 
 MILITIA. Lat. and Eng. [from miles, 
 a soldier.] Military service. The national 
 soldiery of a country, as distinguished from 
 the standing military force ; consisting of 
 the able-bodied male inhabitants of a pre-, 
 scribed age, who are enrolled, officered, 
 mustered and trained according to law, but 
 are called into active service only on emer- 
 gent occasions, such as insurrection or 
 invasion, for the public defence. Act of 
 Congress, May 8, 1792. United States 
 Digest, Militia. 1 Kent's Com. 262, 266. 
 
 "MILL," is a tenement. Burr. Sett. 
 Cos. 107, 108. 
 
 " MILL," held to mean not merely the 
 building in which the .business is carried 
 on, but the > site, dam, and other things 
 connected with the freehold. Story, J. 3 
 Mason's B. 280. The grant of a saw-mill 
 or grist-mill, with its privileges and appur- 
 tenances, will pass the land under it, and 
 that required for the use of the mill ; also 
 the head of water necessary to its enjoy- 
 ment, and the right of flowing back upon 
 other lands of the grantor. 3 Shepl. R. 
 218. 6 Id. 281. So, in the case of a de- 
 vise of a mill and the appurtenances. 3 
 Mason's R. 280. 1 Serg. <& Rawle's R. 
 169. SeeAngellon Water- Courses, §§ 153 — 
 167. 
 
 " MILL SITE." The grant of a mill site 
 passes all the land covered by the mill. 
 2 Appl. 61. The_exception in a lease, of a 
 inill site, includes not merely an easement, 
 but the soil of the mill site, and all the 
 land necessary for the pond and for carry- 
 ing on the mill. 6 Cowen's R. 677. See 
 Ang. on Water- Courses, 8 153 a. 
 
 MILLENA. L. Lat. [from Lat. mille, a 
 thousand.] In old En^ish practice. A 
 thousand. Towns. PI. 171. 
 
 MILNE. An old form of mill; as 
 millner was of miller. Plymouth Col. 
 Laws, 1636, 1638. It appears to be im- 
 mediately derived from the Fr. molin, (q. v.) 
 
 MINA. L. Lat. In old English law. 
 A measuse of corn or grain. Cowell. 
 Spelman. 
 
 MINARE. L. Lat. In old records. 
 To mine or dig mines. Cowell. Minator ; 
 a miner. Id. 
 
MIN 
 
 (199) 
 
 MIN 
 
 To drive. Spelman. Minator carucce ; 
 a plough-driver. Cowell. 
 
 MIND AND MEMORY. A phrase 
 applied to testators, denoting the posses- 
 sion of mental capacity to make a will. In 
 order to make a valid will, the testator 
 must have a sound and disposing mind and 
 memory. In other words, he ought to be 
 capable of making his will, with an under- 
 standing of the nature of the business in 
 ■which he is engaged, — a recollection of the 
 property he means to dispose of, — .of the 
 persons who are the objects of his bounty, 
 and the manner in which it is to be distri- 
 buted between them. Washington, J. 3 
 Wash. C. C. R 385, 386. 
 
 "MINE," held to have the sense of 
 quarry. 14 Mees. d W. 859, 872, Parke, 
 B. quoting Jacob. 
 
 MINERA. L. Lat. In old English 
 law. A mine. Co. Liit. 6 a, Fleta, lib. 
 2, c. 41, § 8. 4 Mod. 143. 
 
 " MINERALS," held to include all fossil 
 bodies or matters dug out of mines. 14 
 Mees. <& W. 859. Such as beds of stone 
 which may be dug by winning or quarry- 
 ing. Id. ibid. Parke, B. 
 
 MINIME. Lat. In the least degree; 
 least of all ; by no means ; not at all. 
 linime mutanda sunt qna; certain babne- 
 Tnnt interpretationem. Things which have 
 had a certain interpretation, [whose inter- 
 pretation has been settled, as by common 
 opinion,] are not to be altered. Co. Litt. 
 365. Wingate'g Max. 748, max. 202. 
 
 MINIMENT. An old foim of miini- 
 ment, (q. v.) Mount. 
 
 MINIMUS, Minimum. Lat. The least; 
 the smallest. Minima poena corporalis est 
 major qualibet pecuniaria. The smallest 
 corporal punishment is greater than any 
 pecuniary one. 2 Inst. 220. 
 
 Minimnm est nibilo proximum. The 
 least is the nearest to nothing. BacmUs 
 Arg. Low's case of Tenures. 
 
 MINISTER. Lat. and Eng. [L. Fr. 
 ministre.1 An assistant; an attendant.* 
 A servant. Hob. 125. One who executes 
 the orders of another.* A chief servant ; 
 an agent. Webster. 
 
 An officer of justice, charged with the 
 execution of the law, and hence termed a 
 ministerial officer ; such as a sheriffj bailiff, 
 coroner, sheriff's officer. Britt.p.2l. The 
 Roman praetor's attendants were called 
 ministri. Adam^s Horn. Ant. 133. In the 
 old books, the term is applied to all officers 
 assisting in the administration of justice. 
 
 such as clerks, Serjeants, attorneys, <fec. 
 and even to the justices themselves. Britt. 
 ub. sup. Stat. Westm. 1, c. 25. 2 Inst. 
 208. 
 
 In Saxon law. A thane. Spelman. 
 
 In international law. A diplomatic agent 
 or representative ; as a minister plenipoten- 
 tiary, a resident minister. Wheaton's In- 
 tern. Law, 264, [273.] 1 Kent's Com. 39, 40. 
 
 MINISTERIAL, [from minister, q. v.] 
 Attendant upon ; subservient, subordinate. 
 "Those magistrates who have a certain 
 imperium, but without jurisdiction, are 
 called ministerial officers." Hale's Anal. 
 sect. xii. 
 
 MINISTERIUM. Lat. [irom minister, 
 q. v.] Ministry ; attendance ; service ; , 
 office. Calv. Lex. Spelman. 
 
 MINOR. Lat. Less; younger. See 
 Minus. 
 
 MINOR. Lat. and Eng. A minor, or 
 infant. A term derived from the civil law, 
 which described a person under a certain 
 age, as less than so many years. Minor 
 viginti quinque annis; one less than twenty- 
 five years of age. Inst. 1. 14. 2. The 
 correlative term was major, (as major 
 viginti quinque annis,) but this has not 
 been adopted in English. Bracton -and 
 Fleta use the word minor alone, in its 
 modern sense o{ infant. Bract, fol. 340 b. 
 Fleta, lib. 2, c. 60, § 26. 
 
 Minor jurare non potest. A minor can- 
 not make oath. Co. Litt. 172 b. An 
 infant cannot be sworn on a jury. Litt. 
 sect. 259. A maxim of practice, taken 
 even anciently in a qualified sense. Co. 
 Litt. ub. sup. It seems to be derived 
 from the rule of the civil law, Pnpillo non 
 defertur jnsjnrandum. Dig. 12. 2. 34. 2. 
 
 Minor 17 annis non admittitnr fore eiecu- 
 torem, A person under seventeen years is 
 not admitted to be an executor. 6 Co. 
 67, Sir Moyle FintKs case. A rule of 
 .ecclesiastical law. See Age. 
 
 Minor minorcm custodire non debet, alios 
 enlm prsBsnmltur male regere qui seipsnm 
 regere nesclt. A minor ought not to be 
 guardian to a minor, for he who knows 
 not how to govern himself, is presumed to 
 be unfit to govern others. Co. Litt. 88 b. 
 
 MINOR. Lat. In old English law. 
 A person of lower condition. Fleta, lib. 
 2, c. 47, §§ 13, 15. 
 
 MINOR iETAS; Lat. In old English 
 law. Minority or' infancy. Cro. Car. 
 516. Literally, lesser age. 
 
 MINOR FACT. In the law of evi- 
 
MIN 
 
 (200) 
 
 MIS 
 
 dence. A relative, collateral or subordi- 
 nate fact ; a circumstance. Wills, Circ. 
 Evid. 21. Burr. Circ. Evid. 121, note, 
 582. 
 
 MINORA KEGALIA. L.Lat. In Eng- 
 lish law. The lesser prerogatives of the 
 crown, including the rights of the revenue. 
 1 Bl. Com. 241. 
 
 MINORITY. [Lat. minor cetas, con- 
 tracted into minoritas.'] The state of being 
 under, or less than a certain age ; in the 
 civil law, under twenty-five, [minor viginti 
 quinque annis ;) in the common law, under 
 twenty-one. See Infancy, Minor. 
 
 MINUERE. Lat. [from minus, less.] 
 In the civil law. To make less ; to 
 diminish or reduce. Dig. 4. 5. 2. 2. . 
 
 MINUM. L. Lat. A technical word 
 used in old practice, when the records were 
 written in Latin, descriptive of the marks 
 or strokes composing the letters i, m, n, 
 and u, and obviously made up from those 
 letters. If a word ended with um, it was 
 said to have five minums at the end. 1 
 Fast. Oter. 15. 
 
 MINUS. Lat. Less. In many phrases 
 of the civil law, this word had the sense of 
 not. Thus, a debt was said to be minus 
 solutum, though none of it had been paid. 
 Minus solutum intelligitur etiam ii nihil 
 esset solutum. Big. 60. 16. 32. So, if 
 paid at a later time than was agreed on. 
 Minns solvit pi tardins solvit. Big. 50. 16. 
 12. 1. So, in some common law phrases. 
 Minus satis ; insuflBcient. Cro. Jac. 552. 
 Minus sufficiens in literatura ; incompe- 
 tent in point of learning. 1 Bl. Com. 
 390. 4 Mod. 134. 
 
 In eo guod plus sit, semper inest et minns. 
 
 In the greater is always included the less 
 also. Big. 50. 11. 110. 
 
 MINUTE. L. Ft. [from mi, middle, 
 and nui/t, night.] Midnight. Britt. c. 80. 
 
 MINUTE TITHES. [L. Lat. minutm, 
 or minores decimmi\ In old English law. 
 Small tithes, such as usually belong to the 
 vicar ; as herbs, seeds, eggs, honeys wax, 
 &c. Gowell. 2 Inst. 649. 
 
 MINUTES. In Scotch practice. A 
 pleading put into writing before the Lord 
 Ordinary, as the ground of his judgment. 
 BelVs Bid. 
 
 MINUTIO. Lat. [from minuere, q. v.] 
 In the civil law. A lessening ; diminu- 
 tion or reduction. Big. 4. 5. 1. 
 
 MINUTUS. L. Lat. In old English 
 law. Small. Minutis curiis; in small 
 courts. Fleta, lib. 2, c. 61, § 20. 
 
 MIRROR OF JUSTICES, commonly 
 called THE MIRROR. The title of an old 
 treatise written in law French, and gene- 
 rally attributed to Andrew Home, who 
 was chamberlain of London in the time of 
 Edw. II. though the share which Home 
 had in the work has been a matter of dis- 
 pute. Lord Coke supposes that the greater 
 part of it was written before the Conquest, 
 and that Horne added many things to it 
 in the reign of Edward I. 9 Co. pref. 
 10 Id. pref. Dugdale supposes that Horne 
 composed the work from an old law tract 
 called Speculum Justitiariorum. Bugd. 
 Orig. Jur. 23. Mr. Reeves is of the 
 opinion that a great part of it was written 
 after Fleta and Britton. 2 Reeves' Hist. 
 358. It was first published in 1642. 
 CrahVs Hist. 224, 225. Mr. Harrington 
 remarks that the word mirror, (Lat. specu- 
 lum ; Germ, gpegjl,) is used as the title of 
 some of the oldest law books. Ohs. Stat. 
 1, 2, note [6.] 
 
 MIS'. An abbreviation of misis. 1 
 Inst. Cler. 11. 
 
 MISA. L. Lat. In old English law. 
 The raise or issue in a writ of right. Spel- 
 man. See Mise. 
 
 In old records. A compact or agree- 
 ment ; a form of compromise. Cowell. 
 
 MIS^. L. Lat. [from L. Fr. mise, q. v.] 
 In old practice. Costs of suit; charges. 
 Spelman. T. Rayrn. .2Q. Cum misis et 
 custibus. Fleta, lib. 2, c. 64, § 13. Pro 
 misis et custagiis. Byer, 15, (Fr. ed.) 
 Kitchin and West are referred to in 
 Cowell, as using the singular misa, but this 
 was rare. 
 
 Expenses generally. Fleta, lib. 2, c. 82, 
 §2. 
 
 MISADVENTURE. [L. Fr. mesaven- 
 ture ; L. Lat. infortunium^ In criminal 
 law. Mischance ; misfortune or accident. 
 See Mesaventure. This term is difierently 
 defined by Britton, Staundford and West. 
 Britt. c. 7. Staundf. PI. Cor. lib. 1, c. 8. 
 West's Symbol, part. 2, tit. Indictment, 
 sect. 48 — 50. Cowell. 
 
 MISCONTINUANCE. In practice. An 
 improper continuance ; want of proper 
 form in a continuance. Cowell makes it 
 to be the same with discontinuance. 
 
 MISCREANT. In old English law. 
 An apostate ; an unbeliever ; one who 
 totally renounced Christianity. 4 Bl. 
 Com. 44. 
 
 MISDEMEAN. In old English law. 
 To use improperly ; to abuse. " If he 
 
MIS 
 
 (201) 
 
 MIS 
 
 misdemean an aultority." FincKs Law, 
 b. 1, ch. 3, num. 63. 
 
 MISDEMEANOTJK, Misdemesnor. In 
 criminal law. A less heinous species of 
 crime ; an indictable oflfence, not amount- 
 ing to felony. 4 Chitt. Bl. Com. 5, and note. 
 
 According to Blacljstone, crime and mis- 
 demeanour, properly speaking, are mere 
 synonymous terms. 4 Bl. Com. uh. sup. 
 4 Steph. Com. 51. 
 
 MISE. L. Fr. Cost or expense. Cowell. 
 But it is most commonly used in the plural, 
 {mises^ like the L. Lat. misce. Britt. c. 17. 
 Kelham. 
 
 MISE. L. Fr.andEng. [L. Lat. mismm.] 
 In old English practice. The issue in real 
 actions, particularly in writs of right. So 
 called, because both parties put themselves 
 upon the mere right, and the whole cause 
 was put \missd\ upon this point. Co. Litt. 
 294 b. Lord Coke seems to consider this 
 word to be derived from the Lat. mittere, 
 to put. But it appears to be essentially 
 French, from mettre, to put. CrdbVs Hist. 
 422. Ht iljoyne le mise sur le mere droit; 
 and he join the mise upon the mere right. 
 Litt. sect. 478. Le mise est joyne en le 
 lank. Id. sect. 514. The word is still 
 used in practice, in some of the United 
 States. 10 QrattarCs R. 850. 
 
 MISE-MONEY. In old records. Money 
 given by way of contract or composition 
 to purchase any liberty, cfcc. Cowell. 
 Blount. 
 
 Mlsera est servitns, nbi jns est vagum ant 
 incettum [incognltum.] It is a wretched 
 state of slavery, where the law is shifting 
 or uncertain, [unknown.] 4 Inst. 246. It 
 is one of the genuine marks of servitude, 
 to have the law, which is our rule of action, 
 either concealed or precarious. 1 Bl. Com. 
 416. Obedience to law becomes a hard- 
 ship, when the law is unsettled or doubtful. 
 BroorrHs Max. 62. 
 
 MISERABILE DEPOSITUM. Lat. 
 In the civil law. A sad or lamentable de- 
 posit; one made under circumstances of 
 sorrow or misfortune, such as insurrection, 
 fire, shipwreck, &c. Heinecc. Mem. Jur. 
 Civ. lib. 3, tit. 15, § 812. Loccen. de Jur. 
 Mar. lib. 1, c. 7, sect. 13. 
 
 MISERERE. Lat. Have mercy. The 
 first word (in the Latin version) of the 
 fifty-first psalm, from which the whole 
 psalm , was called the Miserere, or 
 psalm of mercy. It was the first verse of 
 this that the ordinary commonly gave 
 to such malefactors to read, as had the 
 
 benefit of clergy allowed them by law. 
 Cowell. 
 
 MISERICORDLA. L. Lat. In old 
 practice. Mercy. See In misericordia, 
 Mercy. 
 
 An amercement. The old writ De mo- 
 derata misericordia lay where a man had 
 been outrageously amerced, to moderate or 
 mitigate it. F. J)f. B. 15. Si inciderit in 
 misericordiam ; et nulla prmdictarum mis- 
 ericordiarum ponatur, nisi per sacramentum 
 proborum et legalium hominum de vis- 
 neto ; if he fall into mercy ; and none of 
 the aforesaid amercements shall be imposed 
 unless by the oath of good and lawful men 
 of the visne. Mag. Cart. 9 Hen. III. 
 c. 14. Id. Johan. c. 20. 
 
 MISES, Myses. L. Fr. Expenses or 
 costs. 2 Jmsi. 528. Sauve al trovour ses 
 mises, et ses costages renables ; saving to 
 the finder his expenses and his reasonable 
 costs. Britt. c. 17. 
 
 Tasks ; taxes ; talliages or takings. Stat. 
 Confirm. Chart, c. 5. 2 Inst. 528. 
 
 MISFEASANCE. [L. Fr. mesfaisance.'] 
 A misdeed or trespass. Cro. Car. 498. 
 Cowell. 
 
 The doing what a party ought to do, 
 improperly. 1 Tidd's Pr. 4. The im- 
 proper performance of some act which a 
 man may lawfully do. 3 Steph. Com. 460. 
 
 MISHERSING. In old English law. 
 The being quit of amercements for plaints 
 in any courts, not regularly or properly 
 preferred. Spelman. 
 
 MISJOINDER. In practice. Improper 
 joinder or union. Used to denote the im- 
 proper union of parties as plaintiffs or de- 
 fendants in an action, and the improper 
 union of causes of action in one suit. 1 
 Chitt. PI. 13, 44, 66, 86, 205. 
 
 MISKENNING-. In Saxon and old 
 English law. An unjust or irregular sum- 
 moning to court ; to speak unsteadily in 
 court; to vary in one's plea. Cowell. 
 Blount. Spelm,an. 
 
 MISLIER, Mislyer. L. Fr. To choose 
 the wrong ; to mistake. Kelham. L. Fr. 
 Diet. 
 
 MISNOMER, [from Fr. mes, amiss, and 
 nomer, to name.] The using one name for 
 another ; a misnaming. The misnomer of 
 a defendant is ground for pleading in abate- 
 ment. 1 (fhitt. PI. 248, 451. In Eng- 
 land, this is no longer allowed in personal 
 actions. Id. ibid. Stat. 3 & 4 Will. IV. 
 c. 42, § 11. As to the effect of misnomer 
 in a deed, see Shep. Touch, (by Preston,) 
 
MIS 
 
 (202 ) 
 
 MIT 
 
 233, 245, 373. As to the effect of misno- 
 mer in a will, see Id.' 416. 1 Jarman on 
 Wills, 330, (328, Perkins' ed. note.) 
 
 MISPLEADING. Error in pleading; 
 informal pleading, as pleading not guilty to 
 an action of debt, instead of nil debet. 
 1 SalL 365. .2 Tidd's Pr. 924. 1 Ohitt. 
 PI. 682. 
 
 MISPRISION. [L. Fr. mesprisim, q. v.] 
 In old practice. Neglect; oversight; mis- 
 take ; as the misprision of a clerk in writ- 
 ing or keeping a record. Stat. 14 Udw. 
 III. c. 6, St. 1. Stat. 8 mn. VI. c. 15. 
 Crompt. Jur. fol. 20. Cowell. Blount. 
 
 In criminal law. Neglect or light ac- 
 count made of a crime; omission to re- 
 veal it. Misprision of treason is the bare 
 knowledge and concealment of treason, 
 without any degree of assent thereto, for 
 any assent makes the party a principal 
 traitor. 4 £1. Com. 120. 4 Steph. Com. 
 200. Misprision of felony is the conceal- 
 ment of a felony committed by another, 
 without such previous concert with, or 
 subsequent assistance of the latter, as will 
 make the party concealing an accessory 
 before or after the fact. 4 Steph. Com. 
 260. These are misprisions in the proper 
 sense of the term. Contempts and high 
 misdemeanors were formerly termed posi- 
 tive misprisions. 4 £1. Com. 121. 
 
 MISRECITAL. In conveyancing. Er- 
 ror in the recital of an instrument. As to 
 the effect of misrecital, see Shep. Touch. 
 (by Preston,) 11. 
 
 MISREPRESENTATION. A false or 
 erroneous representation. A misrepresen- 
 tation of a material fact, whether it be 
 made through mistake or design, avoids a 
 policy of insurance underwritten on the 
 faith thereof. 1 Story's B. 51. See Bep- 
 resentation. 
 
 MISSATICUM. L. Lat. [from mittere, 
 to send.] In old European law. A mes- 
 sage, (nuncium.) Spelman. 
 
 The jurisdiction, circuit or territory of 
 a missus, (q. v.) Id. 
 
 MISSILIA. Lat. [from mittere, to send 
 or throw.] In the Roman law. Gifts or 
 liberalities, which the praetors and consuls 
 were in the habit of throwing among the 
 people. Inst. 2. 1. 45. 
 
 MISSING SHIP. In maritime law. A 
 vessel is so called when, computed from 
 her known day of sailing, the time that 
 has elapsed exceeds the average duration 
 of similar voyages at the same season of 
 the year. 2 Buer on Ins. 469. It is 
 
 identical in meaning with the phrase " out 
 of time," but is used by merchants and in- 
 surers in a different sense. Id. ibid. 
 
 MISSIO. Lat. [from mittere, to send 
 or put] In the civil law. A sending or 
 putting. Missio in bona; a putting the 
 creditor in possession of the debtor's pro- 
 perty. 1 MacJeeld. Civ. Law, 378, § 344. 
 4 Beeves^ Hist. 20. 2 Karnes^ Equity, 
 208. 
 
 Missio judicum in consilium ; a sending 
 out of the judices (or jury,) to make up 
 their sentence. Hallifax, Anal. b. 3, c. 13, 
 num. 31. 
 
 MISSIVES. In Scotch practice. Writ- 
 ings passed between parties as evidence of 
 a transaction. £eWs Diet. 
 
 MISSUS, (plur. MISSI.) L. Lat. [from 
 mittere, to send.] In old European law. 
 A legate ; a messenger, (nuncius ;) a com- 
 missary, or commissioner, (commissarius ;) 
 a deputy, substitute or representative, (vica- 
 riui ;) an attorney. Spelman. One who 
 was sent on the business of another. 
 
 Missus regaU^; a king's legate, com- 
 missary or commissioner ; a king's justice. 
 Spelman. 
 
 Missus dominicus ; a king's justice or 
 commissioner ; an extraordinary and itine- 
 rant judge. Spelman. Esprit des Loix, 
 liv. 28, c. 28. IBob. Charles V. Appen- 
 dix, note xxiii. See Steph. Led. 81, 197. 
 
 MIST. L. Fr. Put. See Mitter. 
 
 MISTAKE, in equity, as distinguished 
 from accident, is some unintentional act, or 
 omission or error, arising from ignorance, 
 surprise, imposition or misplaced confi- 
 dence. 1 Story's Eq. Jur. § 110. 
 
 MISTERIUM. L. Lat. [from L. Fr. 
 mestier.l A trade or occupation ; a mys- 
 tery. Spelman. 
 
 MISTRIAL. In practice. A false or 
 erroneous trial, as where it is in a wrong 
 county. Cro. Car. 284. 
 
 MISUSER. Abuse of an office or fran- 
 chise. 2 £1. Com. 153. 
 
 MITIOR SENSUS. L.Lat. The mild- 
 er or more favorable sense. It was the old 
 rule to construe slanderous words in the 
 mildest sense, and to arrest the judgment 
 if it was found possible to take them in 
 any other sense than that of imputing a 
 felony, or infamous misdemeanor. See 
 4 Co. 13 a. The old doctrine of mitior 
 sensus is now, however, altogether explod- 
 ed ; and where Words may be taken in a 
 double sense, the court, after verdict, will 
 always constnxe them in that sense which 
 
MIT 
 
 (203) 
 
 MOB 
 
 may support the verdict. Cookers Law of 
 Defamation, 13. 8 Mod. R. 24, 240. 
 
 Mitlus impcranti melius paretur. The 
 more mildly one commands, the better is 
 he obeyed. 3 Inst. 24. 
 
 MITTA. L. Lat. [from Sax. mitten.'] 
 An ancient Saxon measure in use before 
 the Coaquest, the quantity of which is not 
 known ■with certainty ; some holding it to 
 be the same with corns, others with modi- 
 us, (a bushel,) and others that it was a 
 measure of ten bushels. Blount. Cowell. 
 Spelman. 
 
 MITTER. L. Fr. To put (a case ;) to 
 suppose. Mountague mist cest case. Dyer, 
 23 b. 
 
 MITTER AVANT. L. Fr. In old 
 practice. To put before ; to present be- 
 fore a court ; to produce in court. Mist 
 avant unfait ; produced a deed. Yearb. 
 M. 5 Edw. m. 119. 
 
 MITTER LE DROIT. L. Fr. In old 
 English law. To put or pass the right ; 
 passing the right. 2 Bl. Com. 325. JEn 
 ascun cas, un releas urera de mitter tout le 
 droit que il que fait le releas ad, a celuy 
 a que le release est fait ; in some cases, a 
 release shall enure to put all the right 
 which he who maketh the. release hath, to 
 him to whom the release is made. Litt. 
 sect. 306. See HaWs Anal. sect. xxxv. 
 
 MITTER L' ESTATE. L. Fr. In old 
 English law. To put or pass the estate ; 
 passing the estate. Ascun foits un ifeleas 
 prendra effect et urera pur mitter 1' estate 
 de celuy que fist le release b, celuy a que le 
 releas est fait ; sometimes a release shall 
 t&ke effect and enure to put the estate of 
 him which makes the release, to him to 
 whom the release is made. Litt. sect. 
 305. 2 Bl. Com. 325. See Helease. 
 
 MITTERE. Lat. To send; to put. 
 Mittere in canfusum; to put in hotchpot; 
 to put into a common stock. . LL. Lmigo- 
 hard. b. 2, tit. 14, c. 15. 2 Bl. Com. 190. 
 Nee super eum mittemus ; nor will We send 
 upon him ; that is, we will not send any 
 judge or commissioner to condemn him. 
 Magna Charta, c. 29. 2 Inst. 46. 1 
 Beeves^ Hist, 249. See Missus dominicus. 
 Quod me extunc passim in terram illam 
 mittere ; that I may thereafter put myself 
 into that land. Fleta, lib. 3, c. 9, § 18. 
 
 MITTIMUS. L. Lat. [from mittere, 
 q. v.] (We send.) In old practice. A 
 writ by which records were removed and 
 transferred from one court to another, Reg. 
 Grig. 169 b, 170. 
 
 In criminal practice. A precept or 
 warrant granted by a justice, for commit- 
 ting an offender to gaol, where bail is not 
 allowed, or cannot be obtained.* 4 Bl. 
 Com. 300. • 
 
 MITTOMUS. L. Fr. [from mitter, q. v.] 
 Let us suppose ; put the case ; admit. lAtt. 
 sect. 302. 
 
 . MIXED ACTION. [Lat. actio mixta, 
 or mista.'\ In the civil law. An action in 
 which some specific thing was demanded, 
 and also some personal obligation claimed 
 to be performed ; or, in other words, an 
 action which proceeded both in rem and 
 in personam. Inst. 4. 6. 20. Hallifax, 
 Anal. b. 3, c. 1, num. 5. 
 
 An action in which each party was an 
 actor ; such as the actions of finium re- 
 gundorum, familibe erciscundce, communi 
 dividundo, and the like. Dig. 44. 7. 
 37. 1. 
 
 In the common law. An action par- 
 taking of the nature both of a real and a 
 personal action; wherein some real pro- 
 perty is demanded, and also damages for a 
 wrong sustained. Z Bl. Com. 118. Now 
 abolished in England, with the exception 
 of the action of ejectment. Stat. 3 & 4 
 Will. IV. c. 27. 
 
 MIXED,' (or COMPOIJND) LARCE- 
 NY. In criminal law. That kind of lar- 
 ceny which also includes in it the aggrava- 
 tion of a taking from one's house or per- 
 son. 4 Bl. Com. 229. See Larceny. 
 
 MIXED TITHES. In English law. 
 That species of tithes which consists of 
 natural products, but nurtured and pre- 
 served in part by the care of man ; as of 
 wool, milk, &c. 2 Bl. Com. 24. 
 
 MIXTUM IMPERIUM. Lat. In old 
 English law. Mixed authority ; a kind of 
 civil power. A term applied by Lord 
 Hale to the power of certain subordinate 
 civil magistrates, as distinct from jurisdic- 
 tion. Salens Anal. sect. xi. 
 
 MOBILIA. Lat. Moveables; movea- 
 ble things; otherwise called res mobiles. 
 In the civil law, this term properly de- 
 noted inanimate objects; animals being 
 designated as WMentes, or se moventes, 
 (things moving themselves.) In a more 
 general sense, however, it included both. 
 Dig. 50. 16. 93. Calv. Lex. Heinecc. 
 Elem. Jur. Civ. lib. 2, tit. 3, 8 389 
 Fleta, lib. 2, c. 67, § 6. 
 
 MoMlia personam seqnnntur, immobilia 
 situm. Moveable things follow the person, 
 immovables their site or locality. 1 Huh, 
 
MOD 
 
 (204) 
 
 MOD 
 
 Prcelec. 21 8. 2 Id. 542. Hub. de Con- 
 flict. Leg. sec. 15. Wills of chattels, exe- 
 cuted according to the laws of the place 
 of the testator's domicil, will pass personal 
 property in all other countries, though not 
 executed according to their laws. But 
 wills concerning land must be executed 
 according to the prescribed formalities of 
 the state in which the land is situated. 
 4 Kent's Com. 513. See 2 Id. 67. ^ 
 Greenl. Evid. § 668. An established 
 maxim of public or international law. 
 BynJc. Qucest. Jur. Priv. lib. 1, c. 16. 
 Phillimore on Domicil, 6. 
 
 MOBILIS. Lat. [from movere, to 
 move.] Moveable. See lies mobiles. 
 
 MODALIS. L. Lat. [from modus, q. v.] 
 In old English law. Having the character 
 of a modus; qualified; enlarged or re- 
 stricted. iV^ore conditionalis nee modalis ; 
 not conditional nor qualified. Bract, fol. 23. 
 
 MODERAMEN INCULPATE TU- 
 TEL^. Lat. In the Roman law. The 
 regulation of justifiable defence. A term 
 used to express that degree of force in de- 
 fence of the person or property, which a 
 person might safely use, although it should 
 occasion the death of the aggressor. Calv. 
 Lex. BelFs Diet. Otherwise called incul- 
 pates iutelce moderatio. Cod. 8. 4. 
 
 MODIUS. Lat. In old English law. 
 A bushel. Cornell. Spelman. 
 
 A larger measure, of uncertain quantity. 
 Id. 
 
 A measure of land. Id. 
 
 MODO ET FORMA. L. Lat. In 
 manner and form. Words used in the old 
 Latin forms of pleading by way of traverse, 
 and literally translated in the modern pre- 
 cedents, importing that the party tra- 
 versing denies the allegation of the other 
 party, not only in its general effect but in 
 the exact manner and form in which it is 
 made. Steph. PI. 189, 190. As to the 
 effect of this expression, and how it is to be 
 supported by proof, see Id. ibid. Even in 
 the old law, modo et forma were, in many 
 cases, mere words of form. Litt. sect. 483, 
 485. 
 
 MODUS. Lat. In old conveyancing. 
 Mode; manner; the arrangement or ex- 
 pression of the terms of a contract or con- 
 veyance; the settling of the manner in 
 which an agreement shall be made, or the 
 manner in which land shall pass ; the ex- 
 pression, by a grantor of land, of the par- 
 ticular manner in which the land given 
 shall be held, or what estate shall be had 
 
 in it, as whether it shall be held for years, 
 for life or in fee ; whether by one, or by 
 several; and if by several, whether simul- 
 taneously, or successively, &c. Bract, fol. 
 17. And see the maxim, infra. 
 
 A qualification, involving the idea of 
 variance or departure from some general 
 rule or form, either by way of restriction or 
 enlargement, according to the circumstances 
 of a particular case, the will of a donor, the 
 particular agreement of parties, and the 
 like. See infra. 
 
 Bracton furnishes the best as well as the 
 oldest illustration of this sense of the term, 
 which was chiefly applied in his time to 
 the then prevailing form of conveyance 
 called donatio, or gift. A simple and pure 
 gift was one made without any qualification 
 or condition annexed to it, {simplex et pura 
 did poterit, ubi nulla est adjeeta conditio 
 nee modus ;) as where a man gave land to 
 another for his homage and service, to have 
 and to hold to him and his heirs, of the 
 donor and his heirs, rendering therefor 
 annually so much, at such periods, &c. 
 This was the ordinary form of donation, in 
 accordance with the general rules of law of 
 the period. But the donor might depart 
 from this form if he chose, and enlarge the 
 gift, (in Bracton's words,) by making others 
 quasi heirs, who were not in fact heirs, 
 (augere poterit donationem, et facere alios 
 quasi hcsredes, licet revera hoeredes non sunt;) 
 as if he were to say in the gift, "to have 
 and to hold to such a one and his heirs, or 
 to whomsoever he may chose to give or 
 assign such land," or, in other words, ad- 
 mitting assigns in addition to heirs. And 
 so, on the other hand, he might restrict or 
 limit (coarctare) the descent of the land to 
 certain heirs, in exclusion of others. Bract. 
 fol. 17, 17 b. It was this species of varia- 
 tion or qualification which was expressed 
 by the technical term modus, and this 
 modus of the gift was so habitually allowed 
 to prevail even against the general rule of 
 law, as to give rise to two leading maxims 
 which follow. 
 
 Modus is sometimes translated /qrw, but 
 not, as it appears, with accuracy; form 
 being the proper translation of the Lat. 
 formal, from which modus is often distin- 
 guished. See Modo et forma. Strictly, 
 modus denotes the substance of .the arrange- 
 ment; forma, its verbal expression. 
 
 Modus et conventio Tlncnnt legem. Man- 
 ner and agreement overrule law. Bract, fol. 
 17 b. Fleta, lib. 3, c. 9, § 1. Co. Litt. 
 
MOD 
 
 (205) 
 
 MOD 
 
 19 a, 116 a, 180. The qualifying manner 
 (modus) in which a grantor or donor de- 
 clares that the thing given or granted shall 
 pass, be held or enjoyed, and the particu- 
 lar arrangement of the terms of a contract 
 (conventio) between parties, •will be allowed 
 to prevail against a general rule of law. 
 Parties may qualify and even abridge their 
 rights by special agreement.* The condi- 
 tions annexed to a grant or devise, the 
 covenants inserted in a conveyance or lease, 
 and the agreements, whether in writing or 
 by parol, entered into between parties, have, 
 when duly executed and perfected, and 
 subject to certain restrictions, the force of 
 law over those who iare parties to such in- 
 struments or agreements. JBi-oom's Max. 
 303, [538.] Story on Fartn. § 134. This 
 maxim applies to all contracts not oifensive 
 to sound morals, or [contrary] to positive 
 prohibitions by the legislature. Story on 
 Bailm. § 32. 
 
 Modus legem dat donation!. Manner gives 
 law to a gift. Bract, fol. 17 b. Fleta, 
 lib. 3, c. 9, § 1. Oo.IAtt.\Q3, Wright on 
 Ten. 2 1 . BroonCs Max. [347.] The manner 
 in which an estate is declared to be given 
 by a feoffment (or gift) governs its opera- 
 tion, and the course of the estate under it. 
 If given to a man and his heirs, a fee is 
 passed by the force of these words. But if 
 given to a man, without limiting or express- 
 ing any estate, [or, as it may be said, with- 
 out declaring any modus,] the grantee has 
 barely an estate for life.* 2 Bl. Com. 310. 
 
 Both the above maxims are constantly 
 quoted in modem law, especially the first, 
 which may be considered as the fundamen- 
 tal principle of the law relating to contracts. 
 Broom's Max. 303. Originally, they were 
 rules of the old English law of real estate, 
 and, according to Blackstone, the latter was 
 derived from the feudal maxim, Tenor est 
 qui legem dat feodo, 2 BL Com. 3lo. It 
 is interesting to trace them both to the fol- 
 lowing passage of Bracton, which is quoted 
 to complete the illustrations already given : 
 MoDtrs enim legem dat donationi, et mo- 
 dus tenendus est contra jus commune, et 
 contra legem, quia modus et conventio 
 viNCUNT legem ; ut si dicatur, do tali tan- 
 iam terram cum pertinentiis in i\r. haben- 
 dam et tenendarn sihi et hceredibus suis guos 
 de came sua, et uxore sibi desponsata, pro- 
 creatos habuerit. Vel sic : Do tali et tali 
 uxori sum, vel cum tali filia mea, (be. Ha- 
 bendum et tenendum sibi et hceredibus suis 
 de came talis uxoris, vel filim exeuntibus, 
 
 vel procreatis vel procreandis ; quo cas& 
 cum certi hceredes expriniantur in donatione, 
 videri poterit quod tantum fit descensus ad 
 ipsos hceredes communes, per modum in do- 
 natione appositum, omnibus aliis hceredibus 
 suis & succ^ssione penitus exclusis, quia hoc 
 VOLUIT DONATOR. The manner or qualifica- 
 tion gives law to the gift, and the manner 
 is to be observed against common right and 
 against law, because manner and agreement 
 overrule law. As if it be said, " I give to 
 such a one so much land, with the appur- 
 tenances, in N. to have and to hold to him 
 and his heirs whom he shall have begotten 
 of his own body and his wife that is es- 
 poused to him." Or thus, " I give to such 
 a one, and such a one his wife, or with 
 such a one my daughter, &c. to have and 
 to hold to him and his heirs of the body of 
 such wife or daughter issuing, or begotten, 
 or to be begotten." In which case, since 
 certain heirs are expressed in the donation, 
 it will be seen that the descent [of the land] 
 takes place only to the said heirs in com 
 mon, by the modus or qualification annexed 
 in the donation, all the other heirs being 
 wholly excluded from the succession, be- 
 cause the donor willed this. Bract, fol. 1 7 b. 
 
 MODUS. L. Lat. In old conveyancing. 
 A consideration ; the consideration of a 
 conveyance, technically expressed by the 
 word ut. Do tali tantam terram, die. ut 
 det mihi tantum, vel ut inveniat mihi ne- 
 cessaria ; 1 give to such a one so much 
 land, &c. that he may give [for him to give 
 — in consideration of his giving] me so 
 much, or find me necessaries. Bract, fol. 1 8. 
 This was a modus in its proper sense, as 
 distinguished from conditio, (a condition,) 
 though Lord Coke has held them to be 
 synonymous. If the party wished to super- 
 add a condition, the conveyance proceeded 
 in the following terms : quod nisi accipiens 
 tradenti teneat quod convenit, statim liceat 
 sibi se ponere in terram illam, dc; that 
 unless the party receiving possession should 
 keep his covenant with the other, [that is, 
 as to the payment of the modus,] it should 
 be lawful for the latter immediately to put 
 himself in possession of the land, &c. 
 Bract, ub. sup. 
 
 MODUS DECIMANDI, (or simply 
 MODUS.) L. Lat. In English ecclesias- 
 tical law. A particular manner of tithing 
 growing out of custom, diflferent from the 
 general law of taking tithes in kind. 2 Bl 
 Com. 29. 13 Mees. S W. 822 
 - MODUS DE NON DECIMANDO. 
 
MOL 
 
 (206) 
 
 MON 
 
 L. Lat. In English ecclesiastical law. A 
 prescription for not tithing ; a claim to be 
 entirely discharged of tithes, and to pay no 
 compensation in lieu of them. 2 £1, Com. 
 31. This application of the word modus 
 is very reasonably objected to, as inaccu- 
 rate. 2 Chitt. £1. Com. 31, note. See 16 
 Mees. & W. 419. 
 
 MODUS LEVANDI FINES. L. Lat. 
 The manner of levying fines. The title of 
 a short statute in French, passed in the 
 18th year of Edward I. 2 Inst. 510. 2 
 £1. Com. 349. 
 
 MOEBLE. L. Fr. Moveable. Mens 
 moehles ; moveable goods. £ritt. c. 11. 
 £iens moebles eim'ewimoebles. Id. c. 98. 
 
 MOERYER. L.Fr. To die. Kelham. 
 Si Vengendrure moerge ; if the issue die. 
 £ritt. c. 102. 
 
 MOHATRA. L. Lat. In the civil law. 
 The name of a kind of contract by which 
 one of the parties sells a thing to the other 
 upon credit, and immediately or soon after, 
 either by himself or by means of an agent, 
 buys it back for a less sum in ready money 
 than the price for which he sold it, for which 
 the other party still remains his debtor. 
 Pothier, Contr. of Sale, num. 38. This is 
 condemned in the books as a mere mode of 
 disguising, under the false appearance of a 
 sale, an usurious loan of the sum of money 
 paid. Id. ibid. Heinecc. Elem. Jur. Civ. 
 lib. 4, tit. T, § 1227. 
 
 MOIETY. [L. Fr. moite, moitee, moyte, 
 moytie, moytee, moigte ; L. Lat. medietas.^ 
 A half ; one of two equal parts. Co. Litt. 
 34 a, b. 
 
 MOLENDINUM. L. Lat. [from Lat. 
 
 molere, to grind.] In old English law. A 
 
 mill. Beg. Orig. 96. Fleta, lib. 2, c. 71, § 8. 
 
 . Molendinum bladonicum; a corn-mill. 
 
 Cornell. 
 
 Molendinum veniriticum (oTventritium;) 
 a wind-mill. Id. Fleta, lib. 4, c. 1, § 20. 
 
 Molendinum aquaticum ; a water-mill. 
 Cowell. 
 
 MOLIN. L.Fr. A mill. Molineweret; 
 a water-mill. Tearh. P. 8 Edw. III. 9. 
 
 MOLINUM, Molinus. L. Lat. In old 
 European law. A mill. L. Wisigoth. 
 ■ lib. 8, tit. 4, 1. 30. L. Salic, tit. 24, § 1. 
 An older form of molendinum, and per- 
 haps the origin of the L. Fr. molin or 
 molyn, (qq. v.) It occurs also in Domes- 
 day Book. Spelman. 
 
 MOLITURA, Multura. L. Lat. In 
 old Tecords. A toll paid for grinding ; a 
 multure. Faroch. Ant. 120. Cowell. 
 
 A grist or sack of com brought to the 
 mill to be ground. Id. 
 
 MOLLITER MANUS IMPOSUIT. L. 
 Lat. (He) gently laid hands upon. For- 
 mal words in the old Latin pleas in ac- 
 tions of trespass and assault, where a 
 defendant justified laying hands upon the 
 plaintifij as where it was done to keep the 
 peace, (kc. The phrase is literally trans- 
 lated in the modem precedents, and the 
 original is retained as the name of the plea 
 in such cases. 3 £1. Com. 21. 1 Cfhitt. 
 PI. SOI, 602. Id. 1071. 
 
 MOLMUTIAN, (or MOLMUTIN) 
 LAWS. Laws ascribed to Dunwallo Mol- 
 mutius, sixteenth king, of the Britons, (who 
 is said to have begun his reign 444 years 
 before Christ.) Cowell. £lount. 
 
 MOLT. L. Fr. [from Lat. multus, 
 much.] Much ; many ; very. Est molt 
 grant folye ; it is very great folly. Fet 
 Assaver,^ 35. Molts; (pi.) many. Id. 
 §32. 
 
 MOLUTUS. L. Lat. [corrupted from 
 Lat. molitus, from molere, to grind.] In 
 old English law. Ground ; sharpened by 
 grinding ; sharp. Arma moluta ; sharp 
 weapons, as swords and battle-axes. £ract. 
 fol. 144 b. Spelman. Fleta has emolito- 
 rum. Lib. 1, c. 31, § 6. 
 
 MOLYN, Molin. L. Fr. [from L. Lat. 
 molinum .?] A mill. £ritt. c. 1. Molyn 
 ventresse ; a wind-mill. Kelham. £ritt. 
 c. 42. 
 
 MOMENTUM. In the civil law. An 
 instant ; an indivisible portion of time, (Gr. 
 arojuos.) Calv. Lex. 
 
 A portion- of time that might be mea- 
 sured, a division or subdivision of an hour, 
 answering in some degree to the modem 
 minute, but of longer duration. According 
 to Accursius, ten moments {momenta) made 
 a point, {punctum,) and four poihts an 
 hour. Calv. Lex. Hence, no doubt, the 
 rule stated in Bracton, that an hour con- 
 sists of forty moments, (hora Jit ex quad- 
 raginta momentis,) which has been so far 
 misunderstood as to be pronounced a mis- 
 print. £ract. fol. 264, 369 b. Fleta, lib. 
 5, c. 5, § 31. See Hour, Hora. 
 
 MOMENTANEUS. L. Lat. In old 
 English law. Momentary. Seysina mo- 
 menianea. £ract. fol. 273. 
 
 MONACHUS. Grajco-Lat. \Gx. f.o,axSs, 
 from f.6mi, alone.] In the civil law. A 
 monk. See Nov. 5. 
 
 MONASTERIUM. Grseco-Lat. and L. 
 Lat. [Gr. novanTrjpuv.J In civil and old 
 
MON 
 
 (207) 
 
 MON 
 
 English law. A monastery; a church. 
 Nov. 5. Spelman. Hence, according to 
 Spelman, the Sax. mynster and munster. 
 And probably, also, the L. Fr. monstre, 
 (q.v^ 
 
 MONATH, Moneth. Sax. [from mona, 
 the moon.] Month ; a month. £eda, lib. 
 de temp. rat. c. 13. Spelman. 
 
 MONEIA. L. Lat. [from L. Fr. m.on- 
 noye.'\ In old English law. Money. This 
 form occurs in Domesday, and is doubtless 
 the immediate origin of the modern Eng- 
 lish word. Spelman. 
 
 MONETA. Lat. [from monere, to warn, 
 because by the impression upon it we are 
 warned whose it is, (tha,t is, by whom 
 coined,) and what is its value.] In civil 
 and old English law. Money. Falsa 
 moneta; counterfeit money. Cod. 9. 24. 
 Monetam conterfaotam. Mem. in Scacc. 
 M. 22 Edw. I. De moneta et chamhio 
 domini regis ; of the money and exchange 
 of the lord the king. Bract, fol. 117. 
 
 MONETARE. L. Lat. [from moneta, 
 q. v.] In old English law. To coin money. 
 Monetandi jus comprehenditur in regalibus 
 qus nunquaia a regio sceptro abdicantur. 
 The right of coining money is compre- 
 hended among those royal prerogatives 
 which are never relinquished by the royal 
 sceptre. Bav. B. 18. 
 
 Monetarium; a mint. Towns. PI. 1%Q, 
 260. 
 
 Monetarius ; a moneyer, or coiner. 
 Fleta, lib. 1, c. 22, § 6. See Monier. 
 
 MONETH. An old form of mrnith. 3 
 Leon. 16. 
 
 MONEY, MONEYS, [Lat. mmeta, 
 q. v.] Cash; that is, gold and silver, or 
 the lawful circulating raedium of the coun- 
 try, including bank notes, when they are 
 known and approved of, and used in the 
 market as cash. Co. Litt. 207 a. Lord 
 EUenborough, 13 East, 20. Kent, C. 1 
 Johns. Ch. B. 236. The word "moneys" 
 in a will does not comprehend bonds, 
 mortgages, and other choses in action, 
 when there is nothing in the will to show 
 that the testator intended to use the word 
 in that extended sense. 14 Johns. B. 1. 
 
 MONEY OF ADIETJ. In French law. 
 A kind of earnest money. Explained by 
 Pothier to be so called, because it- is a 
 piece of money given by the buyer to the 
 seller, when the parties, after having con- 
 cluded their bargain, separate and say 
 "Adieu." Both. Contr. of Sale, num. 
 507. But is it not rather a French form 
 
 of the Lat. denarius l)ei, and English Qod''s 
 penny? (qq. v.) 
 
 MONEY COUNTS. In pleading. A 
 species of common counts, so called from 
 the subject matter of them ; embracing the 
 indebitatus assumpsit count for money lent 
 and advanced, for money paid and expend- 
 ed, and money had and received, to- 
 gether with the insimul computassent count, 
 or count for money due on an account 
 stated. 1 Burr. Br. 132. 
 
 MONIED CORPORATION. Construed 
 by statute, in New- York, to mean " every 
 corporation having banking powers, or hav- 
 ing the power to make loans upon pledges 
 or deposits, or a,uthorized by law to make 
 insurances." 1 Bev. Stat. [598, § 61,] 
 601, § 61. See 3 ComstocFs R. 479. 
 
 MONIER, Moneyer. [L. Lat. monetari- 
 us.'] In old English law* A minister of 
 the mint, who made and coined the king's 
 money. There were several of these 
 moniers or workmen ; " some to shear the 
 money, some to forge it, others to beat it 
 broad, some to round it, and some to 
 stamp or coin it." Cowell, voce. Moniers, 
 Mint. 
 
 A banker; one who dealt in money. 
 Cowell. 
 
 MONIALA. L. Lat. In old English 
 law. A nun. Stat. Westm, 2, c. 34. In 
 Fleta, the word is written monialis. Lib. ■ 
 1, c. 39, §4. /d lib. 2, c. 1, § 11. 
 
 MONITION. [Lat. monitio, from mo- 
 nere, to warn.] In admiralty practice. The 
 summons to appear and answer, issued on 
 filing the libel ; which is either a simple 
 monition in personam, or an attachment 
 and monition, in rem. Benedicts Adm. 
 Br. 228, 239. It is sometimes termed ' 
 monition viis et m,odis, and has been sup- 
 posed to be derived from the old Roman 
 practice of summoning a defendant. John- 
 son, J. 10 Wheaton's B. 490. 
 
 MONMAISTRE. L. Fr. My master. 
 A term of respect applied to a judge 
 Yearb. M. 3 Hen. VL 12, 15. 
 
 MONOMACHIA. Grsco-Lat. [from Gr. 
 /nivos, alone or single, and i^axv, fight] Sin- 
 gle fight; a combat between two ; [singu- 
 laris pugna inter duos.) Sometimes used 
 as another name for the duellum or judicial 
 combat ; but applied by Lord Coke to the 
 modern duel. 3 Inst. 157. 
 
 MONOPOLIIJM. Grffico-Lat.[fromGr. 
 fi6i:o5, alone, and ttoXsik, to sell.] The sole 
 power, right, or privilege of sale; mo- 
 nopoly ; a monopoly, Calv. Lex. Cbd. 4. 
 
MON 
 
 (208 ) 
 
 MON 
 
 69. Qrot. de Jur. -Bell. lib. 2, c. 12, 
 8 16. ^ona^oViyxra. diciiur, cum unus solus 
 aliquod genus mercaturcB wniversum emit, 
 pretium ad suum -libiium statuens ; it is 
 called monopoly, wLen one single person 
 buys up tlie whole of a commodity, fixing 
 on it a price at his pleasure. 11 Uo. 86 b. 
 
 MONOPOLY, [from Lat. monopolium, 
 q. v.] The exclusive privilege of selling 
 any commodity. Defined in English law 
 to be "a license or privilege allowed by 
 the king for the sole buying and selling, 
 making, working or using of any thing 
 whatsoever ; whereby the subject in general 
 is restrained from that liberty of manu- 
 facturing or trading which he had before." 
 4 Bl. Com. 159. 4 Steph. Com.. 291. 
 
 Any exclusive right or privilege. 
 
 MONOYE, Mmnoye. L. Fr. Money. 
 De fauseours de'sealx et de monoye. Britt. 
 c. 4. 
 
 MONSTER. [Lat. monstrum, partus 
 monstrosus.l A prodigious birth; a hu- 
 man birth or ofispring not having the shape 
 of mankind ; which cannot be heir to any 
 land, albeit it be brought forth in marriage. 
 Bract.M.5. Co.Liti.1,8. 2 Bl. Com. MG. 
 
 MONSTER, Monstre, Monster, Mustre. 
 L. Er. A church; a monastery. Britt. c.l. 
 
 MONSTRANS DE DROIT. L. Fr. 
 In English law. A showing or manifesta- 
 tion of right ; one of the common law 
 methods of obtaining possession or restitu- 
 tion from the crown, of either real or per- 
 sonal property. It is the proper proceed- 
 ing when the right of the party as well as 
 the right of the crown appears upon record, 
 and consists in putting in a claim of right 
 grounded on facts already acknowledged 
 and established, and praying the judgment 
 of the court, whether upon these facts, the 
 king or the subject hath the right. 3 Bl. 
 Com. 256. 4 Co. 54 b. A proceeding 
 under this name is in use in Virginia. 12 
 Grattan's B. 564. 
 
 MONSTRANS DE FAITS. L. Fr. 
 In old English practice. A showing of 
 deeds ; a species of profert. Cowell. Salens 
 Anal. sect. xxxv. 
 JIONSTRAT per vultum quid sit Bub corde sepul- 
 
 tum. 
 He shows by his countenance what is 
 buried in his heart. An old verse quoted 
 by Fleta, lib. 3, c. 15, § 10. 
 
 MONSTRAVIT, (he hath showed,) and 
 MONSTRAVERUNT, (they have showed.) 
 In old English practice. A writ for the 
 relief of tenants in ancient demesne, where 
 
 they had been distrained to do to their 
 lords other services or customs than they 
 or their ancestors had used to do. Beff. 
 Oriff. 14. F. iV. B. 14 D. So called from 
 the word with which the body of the writ 
 commenced. 
 
 MONSTRE. L. Fr. Shows. See Ceo. 
 
 MONTES. Span. In Spanish law. 
 Forests or woods. White's New Becop. 
 b. 2, tit. 1, c. 6, § 1. 
 
 MONTH. [O. Eng. moneth, from Sax. 
 monath ; Lat. m,ensisi\ A well known 
 division of a year, being either a lunar 
 month," consisting of twenty-eight days or 
 four weeks, or a calendar month, consist- 
 ing of from twenty-eight to thirty-one 
 days.* Co. Litt. 135 b. 2 Bl. Com. 141. 
 
 By the common law of England, a 
 month is, in matters temporal, a lunar 
 month. 1 Steph. Com. ,265. 2 Bl. Com. 
 141. The reason of which rule is ex- 
 plained to be, "not only because it is 
 always one uniform period, but because it 
 falls naturally into a quarterly division by 
 weeks." Therefore a lease for "twelve 
 months" is only for forty-eight weeks; 
 but if it be for " a twelve-month," in the 
 singular number, it is good for the whole 
 year. Id. ibid. In statutes and deeds, 
 " month " means a lunar month, unless ex- 
 pressly described as calendar, or so appear- 
 ing from the context. Com. Dig. Ann, B. 
 \ M. dt S. \\Z. So, in all contracts, un- 
 less a contrary intention appear, or unless 
 a general ' understanding of trade to the 
 contrary be proved. Wines' R. 585. 
 4 Mod. 1-85. 1 Stra. 446. So, in all 
 legal proceedings, unless the month be ex- 
 pressly described as calendar. 3 Burr. 
 1455. 1 ^Za. iJ. 450. i)oM5rZ. 463, 446. 
 2 Chitt. Bl. Com. 140, note. 
 
 In ecclesiastical matters, on the other 
 hand, " month " means a calendar month. 
 2 Roll. Ahr. 521, 51. 6 Co. 61 b, Cates- 
 hy's case. Sob. 119. 1 Bla. R. 450. 
 1 Steph. Com. 265. So, by the custom 
 of trade, as in case of bills of exchange 
 and promissory notes, a month is deemed 
 a calendar month. 3 Brod. d; B. 187. 
 This, indeed, is the universal rule of the 
 commercial world, in regard not only to 
 negotiable instruments, but all commercial 
 contracts. Story on Bills, § 330. 
 
 In the United States, the old English 
 rule is considerably impaired, and the 
 term "month" usually computed, and 
 especially in statutes and judicial proceed- 
 ings, as calendar. 4 Kenfs Com. 94, 95, 
 
MOO 
 
 (209) 
 
 MOR 
 
 note. 4 Dallas' B. 142. 5 Qrattanh B. 
 '285. 21 Alabama B. 47. In Greorgia, how- 
 ever, the English rule has been followed. 
 Dudley's B. 107. In New-York, it has 
 been expressly reversed, it being de- 
 clared by statute that whenever the term 
 "month" or "months" is or shall be 
 used in any statute, act, deed, verbal or 
 written contract, or any public or private 
 instrument whatever, it shall be construed 
 to mean a calendar and not a lunar month, 
 unless otherwise expressed. 1 Bev, Stat. 
 
 [606,] 615, § 4. 
 MONUMENTUM, 
 
 L. 
 A 
 
 Monimintum. 
 Lat. In the eivil and common law. 
 monument ; a memorial ; a chronicle or 
 record. Calv. Lex. Monumenta qum nos 
 recorda vocamus sunt veritatis et vetustatis 
 vestigia ; the memorials which we call re- 
 cords- are the traces of truth and of anti- 
 quity. Co. Litt. 118. 
 
 MONYA. In Norman law. Moneyage; 
 A tax or tribute of one shilling on every 
 hearth, payable to the duke every three' 
 years, in coiisideration that he should not 
 alter the coin. EaWs Hist. Com. Law, 
 148, and note. 
 
 MOOT. [L, Lat. mota, from Sax. gemote, 
 a meeting orcourt, according to Spelman; 
 from Lat. movere, to move or agitate, ac- 
 cording to Mr. Crabb.] In English prac- 
 tice. An argument of causes by way of 
 exercise ; an argument of fictitious causes, 
 with formalities resembling those of a 
 court. Moots were a sort of exercise in 
 the inns of courts, usually performed by 
 students of a certain standing, preparatory 
 to their commencing practice. Crabb's 
 Hist. 564. Plowden observes, in his pre- 
 face, that he was a constant attendant " at 
 moots and lectures," while a student. 
 
 To MOOT, (anciently. To MOTE.) To 
 argue (^placitare ;) to argue by way of ex- 
 ercise ; to argue a fictitious case in form 
 of law. See Moot. 
 
 To agitate a point by argument, with- 
 out determining it ; to raise a question for 
 argument. 
 
 MOOT, (adj.) A subject for argu- 
 ment; unsettled; undecided. As a moot 
 case, a moot point. 
 
 MOOTING. The exercise o'f arguing 
 questions of law or equity, raised for the 
 purpose. See Moot. 
 
 MOOT COURT. A court held for the 
 arguing of moot cases or questions. 
 
 MOOT HALL. The place where moot 
 cases were argued. 
 
 VoL.n. 
 
 MOOT HILL. [L. Lat. mallohergium, 
 mons placiti.] In old English law. A 
 hill of meeting or council; an elevated 
 place in the open air, where public assem- 
 blies or courts were held by the Britons. 
 Wharton's Lex. In Scotland they were 
 called Mute hills, as the famous Mute hill 
 of Scone. Spelman, voc. Mallohergium. 
 In Ireland, Parly hills. Id. ibid. See 
 Mote, Mute. 
 
 MOOT MAN. One who argued moot 
 cases in the inns of court* One who 
 argued readers' cases in inns of chancery, 
 both in terms and grand vacations. 3 Co. 
 pref. From these mootmen, after eight 
 years' study, or thereabouts, were chosen 
 utter barristers. Id. 
 
 MORA. Lat. In the civil law. De- 
 lay; default; neglect; culpable delay or 
 default. Calv. Lex. 1 Karnes' Equity, 
 324. See In mora. 
 
 Delay in fulfilling an obligation,' as in 
 the payment of money. Dig. 32. 1. 32. 
 Said to be of diflScult definition. Id. pr. 
 Nulla intelligitur mora ibi fieri, ubi nulla 
 petitio est ; no delay is understood to be 
 made where there is no demand. Id. 50. 
 17. 88. 
 
 Mora reprobatur in lege. Delay is repro- 
 bated in lasv. Jenk. Cent. 51, case 97. 
 
 MORA. L. Lat. In old English law. 
 A moor ; a more barren and unprofitable 
 ground than a marsh. Beg. Orig. 2. Fleta, 
 lib. 2, 0. 71, § 7. Co. Litt. 5 a. Shep. 
 Touch. 95. 
 
 Mora mussa ; a watery or boggy moor ; 
 a moss or morass. 2 Mon. Angl. 306 b. 
 Cowell. 
 
 MORAL CERTAINTY. In the law of 
 criminal evidence. That degree of assur- 
 ance which induces a man of sound mind 
 to act, without doubt, upon the conclu- 
 sions to which it leads. Wills' Circ. 
 Evid. 7. — A certainty that convinces and 
 directs the understanding, and satisfies the 
 reason and judgment of those who are 
 bound to act conscientiously upon it. 
 Shaw, C. J. in Commonwealth v. Webster, 
 Bemis' Beport of the trial, 470. — A high 
 degree of impression of the truth of a 
 fact, falling short of absolute certainty, but 
 sufficient to justify a verdict of guilty, 
 even in a capital case. See Burr. Circ 
 Ev. 198—200. 
 
 MORARL Lat. In old English law. 
 To delay; to pause or rest. Moraiur in 
 lege; (he) rests or pauses in law; (he) de- 
 murs. See Demorari. 
 
 U 
 
MOR 
 
 (210) 
 
 MOR 
 
 MORBUS. Lat. In the civil law. 
 Disease; sickness. Defined by Sabinus 
 (quoted by TJlpian in the Digests,) hahi- 
 tum cujusque corporis contra naturam, qui 
 usum ejus ad id facit deteriorem, cujus 
 causA natura nobis ejus corporis sanitatem 
 dedit ; an unnatural habit of body, which 
 impairs its use for that purpose for which 
 nature gave us soundness of body. Diff. 
 21. 1. 1. 7. It was distinguished from 
 vitium, (fault or vice.) Td. ibid. See 
 Diff. 50. 16. 101. 2. 
 
 MORBUS SONTICUS. Lat. In the 
 civil law. A sickness which rendered a 
 man incapable of attending to any busi- 
 ness, (^uicuiguereinocet.) Diff. 50. 16. 113. 
 1 Mackeld. Civ. Law, IZl, § 127, note. — 
 A sickness of the severer kind, having the 
 power of causing great pain. A. Gellius, 
 Woct. Att. lib. 20, c. 1. — ^A sickness which 
 excused a non-appearance in court. Calv. 
 Lex. AdarrHs Rom. Ant. 245, 272. Brac- 
 ton uses this term in treating of the law of 
 essoins, but gives it the meaning of an in- 
 curable disease. Bract, fol. 344 b. See 
 Sonticus. 
 
 MORBOSUS. Lat. [from morbus, q. v.] 
 In the civil law. Diseased. See Dig. 21. 
 1. 1—16. 
 
 MORE COLONICO. Lat. In old plead- 
 ing. In husband-like manner. Towns. 
 PL 198. 
 
 MORE OR LESS. [Lat. sive plus, sive 
 minus.l A phrase frequently used in de- 
 scribing the quantity of land conveyed by 
 a deed or lease ; as, " containing by esti- 
 mation — acres, more or less ;" or, " con- 
 taining in breadth, in front and rear, — 
 feet, and in length 'on each side, — feet, be 
 the same more or less." _ It imports that 
 the quantity conveyed is uncertain, or is 
 not warranted ; and is adopted by way of 
 precaution in cases where it is possible 
 that there may be a deficiency on actual 
 admeasurement, and the party does not 
 mean to bind himself as to the quantity. 
 In such an event, a small deficiency or a 
 reasonable difference would not be re- 
 garded, but a large deficiency, such as 100 
 acres short, in land described as " 349 
 acres, more or less," would not be toler- 
 ated. 2 Buss. B. 570. 2 £. d; Adol. 
 106. 1 Chitt. Qen. Pr. 180. It imports, 
 on the other hand, that in case of the 
 quantity of land proving to be more than 
 that described, the grantee or lessee is to 
 have the benefit of it ; but in this case, 
 also, it is to be understood within reason- 
 
 able limits. Thus, it was held that the 
 description of "a house in B. and ten 
 acres of land there, sive plus, sive minus," 
 would not include thirty acres usually oc- 
 cupied with the house. Owm,lZZ. See 
 1 Ves. t& Bea. 375. Coventry on Convey- 
 ancers' Evidence, 34, 35. 2 Johns. B. Zl. 
 8 Paiges Ch. B. 312. _See Plurisve. 
 
 Where a party covenants to make a 
 deed to a certain quantity of land " more 
 or less," these words mean that where 
 there is only an inconsiderable deficiency 
 as to the quantity of land, the vendor is 
 not to submit to a deduction from the 
 amount of the purchase money, if the 
 tract of land contains less than the 
 amount ; nor is the purchaser to pay more 
 than the sum stipulated, if the tract con- 
 tains a greater number of acres. The 
 risk in this respect is mutual. The ven- 
 dor risks as to the sum of money, and 
 the vendee as to the quantity of the land. 
 Phipps V. Tarpley, 24 Mississippi B. 597. 
 In this case, the tract was represented by 
 the vendor to contain 1,000 acres, whereas, 
 upon a survey, it fell short about 80 acres. 
 This was held to be an inconsiderable de- 
 ficiency. Id. ibid. In Texas, the words 
 " more or less " have been held to cover a 
 deficiency of 5 out of 41 acres. 13 Texas 
 B. 223. They are sometimes rejected. 
 See 20 Howard's B. 413. 
 
 MORGANATIC MARRIAGE. In old 
 European law. A marriage between a 
 man of superior, and a woman of inferior 
 rank, in which it was stipulated that the 
 latter and her children should not enjoy 
 the rank or inherit the possessions of her 
 husband. Brande. Shelford, Marr. & 
 Div. 9, 10. This kind of marriage still 
 subsists in Germany, under the appellation 
 of a left-handed marriage. Id. ibid. The 
 earliest and clearest description of it is to 
 be found in the Books of Feuds, in which 
 it is treated as a Milanese custom. Peud. 
 Lib. 2, tit. 29. 
 
 Some have derived this word from the 
 Goth, morgjan, to shorten, but Spelman 
 traces it to morganffiva, (q. v.) 
 
 MORGANGIVA, Morgengeba. L. Lat. 
 [Lomb. morgingap ; Sax. morgan gyfe ; 
 from margin, morning, and gab, a gift.] 
 In old European law. A gift made to a 
 wife on the morning of the n'uptial day ; a 
 species of dower, which Spelman com- 
 pares to the English dower ad ostium eccle- 
 sice. This word occurs in the laws of the 
 Burgundians, Alamanni, Ripuarians and 
 
MOR 
 
 (211) 
 
 MOR 
 
 Lombards, and also in the laws of Canute. 
 LL. Oanuti, c. 71. Spelman. 
 
 MORGEN. Anglo-Dutch. In old New- 
 York law. A measure of land, equal to 
 about two acres. O'CallagharCs New- 
 Netherlands, vol. 2. Appx. 593. 
 
 MORGENaAB. Germ. In German 
 or Dutch law. Morning gift; a species 
 of dower. A gift made to the wife on the 
 morning after the marriage. Skene de 
 Verb. Signif. voc. Bos. See Orot. de 
 Jur. Bell. lib. 2, c. 1, § 8, n. 3. See 
 Morgangiva. 
 
 MORIER, Mourir, Moeryer, Moire, 
 Muire, Murer, Murger. L. Fr. [from Lat. 
 morior, moriri, to die.] To die. Kelham. 
 L. Fr. Diet. Moront, moreaunt ; they 
 die. Id. Morant; dying. Id. Morera ; 
 shall die. Id. Morust ; died. Id. 
 
 MORINA. L. Lat. In old English 
 law. Murrain ; a disease of sheep. Fleta, 
 lib. 2, c. 79, § 6. 
 
 MORS. Lat. Death. Mors dicitur 
 uUimum supplicium ; death is called the 
 last punishment, the extremity of punish- 
 ment. 3 Inst. 212. 
 
 Mors omnia solvit. Death dissolves all 
 things. Jenk. Cent. 160, case 2. Applied 
 to the case of the death of a party to an 
 action. Id. 
 
 MORSELLUM TERR^. L. Lat. In 
 old records. A small parcel or bit of 
 land. Cowell. 
 
 MORT D' ANCESTOR. . L. Fr. The 
 name of a species of assise, founded on the 
 death of an ancestor. See Assise of mort 
 
 MORTGAGE. .L. Fr. and Eng. [from 
 mort, dead, and gage, security; L. Lat. 
 mortuum vadium.'] In old English law. 
 A dead or unproductive pledge ; a pledge 
 of moveables or immoveables by one per- 
 son to another, as a security for a debt. 
 Called dead, because the contract was that 
 the' fruits or rents arising from the thing 
 pledged should not go towards paying off 
 the demand for which it was pledged ; or, 
 in Glanville's words, cujusfriictus vel redi- 
 tus interim percepti in nulla se acquietant. 
 Olanv. lib. 10, c. 6. 1 Reeves' Hist. 161. 
 It was thus distinguished from what was 
 called a living pledge, {yivum vadium, or 
 vif gage,) in which the rents and profits 
 went towards the discharge of the debt. 
 CrahVs Hist. 108. 
 
 In modern law. The conveyance of an 
 estate, by way of pledge for the security 
 of debt, and to become void on payment 
 
 of it. i Kenfs Oom.\Z5. A conveyance 
 of lands, chattels or other subjects of pro- 
 perty as a security for a debt, upon a con- 
 dition, which in substance is that if the 
 sum due shall be paid at a certain time the 
 conveyance shall be void, otherwise to be- 
 come absolute; the latter alternative, how- 
 ever, taking effect subject to the right or 
 equity of redemption, (q. v.)* 2 Bl. Com, 
 157—159. 4 Kent's Com. 135, 162, et 
 seq. — A debt by specialty, secured by a 
 pledge of lands, of which the legal owner- 
 ship is vested in the creditor, but of which, 
 in equity, the debtor and those claiming 
 under him remain the actual owners, until 
 debarred by judicial sentence or their own 
 laches. Goote on Mortgages, 1. See 1 
 Steph. Com. 282—285. 2 CrahVs Real 
 Prop. 845, § 2202. 
 
 The term mortgage has a definite, techni- 
 cal legal signification, and imports a de- 
 feasance and an equity of redemption. 1 
 Wisconsin R. 420. See 6 Texas R. 110, 
 294. As to when a deed will be consid- 
 ered a mortgage, see 12 Howard's R. 139. 
 1 Wisconsin R. 627. And see United 
 States Digest, Mortgage. 
 
 According to Littleton, Coke and others, 
 a mortgage is so called, {dead pledge,) be- 
 cause in case of non-payment of the debt 
 at the time limited, the land was forever 
 dead, and gone from the mortgagor, and in 
 case of payment it became dead as to the 
 mortgagee. Litt. sect. 332. Co. Litt. 
 205 a. 2 Bl. Com. 158. But the explana- 
 tion of Glanville {supra) gives a much 
 more satisfactory account of the origin of 
 the word. Coote on Mortgages, 9 — 11. 
 This word seems to have been sometimes 
 written morgage, before the pure French 
 form was adopted. Litt. ub. sup. Spel- 
 man, voc. Mortuum vadium. See Mort- 
 gage. 
 
 MORTGAGE OF GOODS. A con- 
 veyance of goods in gage, or mortgage, by 
 which the whole legal title passes condi- 
 tionally to the mortgagee ; and if the goods 
 are not redeemed at the time stipulated, 
 the title becomes absolute in law, although 
 equity will interfere to compel a redemp- 
 tion. Story on Bailm. § 287. It is dis- 
 tinguished from a pledge by the circum- 
 stance that possession by the pledgee is 
 not, or may not be, essential to create or 
 to support the title. Id. ibid. See 2 Kent's 
 Com. 522 — 532. 4 Id. 138. 
 
 MORTGAGEE. The party to whom a 
 mortgage is made or given ; the party 
 
MOR 
 
 (212) 
 
 MOT 
 
 taking a mortgage, in whom the legal es- 
 tate vests, subject to be defeated upon per- 
 formance of the condition. 4 Kenfs Com. 
 154. Written morgagee in Tearl, M. 'T 
 Hen. VI. 26. 
 
 MORTGAGOR. The party who gives 
 a mortgage; the party mortgaging, and 
 •who in equity is considered as the real 
 owner, until a decree of foreclosure. 4 
 Kenfs Com. 159. Written morgageor in 
 Tearh. M. 7 Hen. YI. 26. 
 
 MORTIFICATION. In Scotch law. A 
 term nearly synonymous with mortmain. 
 BelVs Diet. 5 BeWs Ap. Cas. 409, Lands 
 are said to be mortified for a charitable 
 purpose. 
 
 MORTMAIN. L. Fr. [from mart, dead, 
 and main, hand ; L. Lat. mortua manus.^ 
 A dead hand ; a condition of property in 
 which it is held without the power of 
 change or alienation.* A term or^inaUy 
 applied to the possession of land by ecclesi- 
 a«tical bodies, the members of which (being 
 professed,) were reckoned dead persons in 
 law. 2 JBl. Com. 4T9. Afterwards applied 
 to purchases and acquisitions by any cor- 
 porate body. Stat. 15 Mic. II. c. 5. Hence 
 the statutes prohibiting conveyances of 
 lands by deed or will to a corporation, 
 were termed statutes of mortmain, or mort- 
 main acts. 2 £1. Com. 268 — 274. 2 
 Kenfs Com. 282, 283, and notes. 
 
 MORTUARIUM. L. Lat. [from mors, 
 death.] In old English law. A mortuary, 
 (q. V.) Fleta, lib. 2, c. 60, § 30. 
 
 MORTUARY. [L. Lat. mortuarium, 
 from mors, death.] In English law. A 
 customary gift claimed by, and due to the 
 minister in very many parishes, on the 
 death of his parishioners ; a sort of ecclesi- 
 astical heriot. 2 Bl. Com. 425. See 
 Heriot. Otherwise called a corse-present, 
 (q. V.) and in the laws of King Canute 
 soul-scot, (q. V.) It seems to have origi- 
 nally been (like a lay heriot,) only a volun- 
 tary bequest to the church, being intended, 
 according to Lyndewode, as a kind of expi- 
 ation and amends to the clergy for the per- 
 sonal tithes and other ecclesiastical duties, 
 which the laity, in their lifetime, might 
 have neglected or forgotten to pay, and it 
 was usually the second best beast or chat- 
 tel, the beat being reserved to the lord. 
 2 Bl. Com. 425. In Bracton's time, how- 
 ever, it had become " rivetted into an es- 
 tablished custom," and the bequest of a 
 mortuary was held to be a necessary in- 
 ■ gredient in every testament of chattels. 
 
 Braet. foL 60. The statute of 21 Hen. 
 VIII. c. 6, reduced these mortuaries to a 
 certainty, by fixing an equivalent to be 
 paid: in money, according to the value of 
 the property of the deceased, and upon 
 this statute stands the law of mortuaries to 
 this day. 2 Bl. Com. 427. 3 Steph. 
 Com. 147. 
 
 MORTUFM VADITJM. L. Lat. In 
 old English law. A dead pledge ; a mort 
 gage, or mortgage. Mortuum vadium di- 
 citur illud cujus fructus vel reditus interim 
 percepti in nullo se acquietant; that is 
 called a dead pledge,' the profits, or rents 
 of which, received in the mean time, in no 
 respect discharge it. Glanv. lib. 10, c. 6. 
 MORTUUS. Lat. Dead. Bract, iol. 
 301 b. Mortans exitns nou est exitns. A 
 dead issue is no issue. Co. Litt. 29. A 
 child born dead is not considered as issue. 
 A return made by a sheriff, that the 
 party named in the process directed to 
 him is dead. 4 Watts^ B. 270, 276. 
 
 MOSTRENCOS. Span. In Spanish 
 law. Strayed goods; estrays. Whitens 
 New Secop. b. 2, tit. 2, c. 6. 
 
 MOT. Fr. A word. De mot en mot ; 
 word for word. Britt. c. 22. 
 
 MOT BELL. Sax. Meeting-bell; a, 
 bell used by the Saxons to summon the 
 people to the folcmote. Spelman. See 
 folcmote. 
 
 MOT-WORTHY. 0. Eng. A com- 
 mon-councilman. Coviell, voc. Conciona- 
 tor. 
 
 MOTE. Sax. "[L. Lat. mota ; a con- 
 traction of gemoti, Sc. mute, q. v.] In 
 Saxon law. A court ; a meeting or assem- 
 bly. Spelman, voce. Mota, Oemotum. 
 
 MOTION. [Lat. motio, from movere, to 
 move.] In practice. An application (found- 
 ed generally on affidavit^ made to the 
 judge or judges of a court, viva voce, in 
 open court, for the purpose of obtaining a 
 rule or order directing some act to be done 
 in favor of the applicant. It is usually an 
 incidental proceeding to an action, but it 
 may be wholly unconnected with that kind 
 of remedy.* 3 Steph. Com. 679, 680. 
 1 Tidd's Pr. 478. 
 
 MOTIVE, [from Lat. movere, to move, 
 or stir.] In the law of evidence. That 
 which moves or influences the mind or 
 will ; an emotion, passion or desire which 
 incites or impels to action. 
 
 In criminal evidence. An unlawful de- 
 sire or emotion, awakened by the percep- 
 tion or contemplation of some external 
 
MOV 
 
 (213) 
 
 MUL 
 
 object, or end to be attained by action. 
 This ultimate object is, in fact, the cause or 
 spring of the motive itself, and has some- 
 times been called the exterior or external 
 motive, as distinguished from the desire or 
 passion it creates, which is termed the 
 interior or internal motive. See 3 Benth. 
 Jud. Ev. 183. It is, in other words, the 
 inducement, or that which leads or tempts 
 the mind to indulge the criminal desire. 
 Burr. Giro. Evid. 283, 284. 
 
 MOTTJM. Lat. [from movere, to move.] 
 In old English law. Moved ; stirred ; put 
 in motion ; commenped. Placitum mtitum ; 
 plea moved ; suit commenced. Fleta, lib. 
 6, c. 23, § 10. 
 
 MOtJLDRE. L. Fr. To grind. Tearb. 
 M. 4 Edw. III. Tl. 
 
 MOULT, Molt, Mult. L. Fr. [from 
 Lat. multiM.'] Many; much. Kelham. 
 (Plur. mults, moldes, mous. Id.) 
 
 MOUN. L. Fr. My. Moun piere. 
 My father. Yearb. M. 3 Edw. II. 49. 
 
 MOUNSTER, Monster, Muster. L. Fr. 
 [from Lat. monasterium.^ In old English 
 law. A church ; a minster or monastery. 
 Al huys d'mouster.; at the church door. 
 Britt. c. 110. 
 
 MOUNTAUNT. L. Fr. Ascending. 
 Britt. 0.119. 
 
 MOVANT, Movaunt. L. Fr. Moving. 
 Britt. c. 1. 
 
 MOVE. To occasion ; to contribute to ; 
 to tend or lead to. The forewheel of a 
 wagon was said "to move to the death of a 
 man." Say. 249. See Deodand. 
 
 MOVEABLES. [L. Fr. moebles ; Span. 
 muebles ; Lat. mobilia, res mohilesi\ Things 
 moveable ; moveable or personal chattels, 
 which may be annexed to, or attendant on 
 the person of the ownerj and carried about 
 with him ftom one part of the world to 
 another. 2 Bl. Com. 38'7. Moveables 
 consist, first, of inanimate things, as goods, 
 plate, faioney, jewels, implements of war, 
 garments and the like, or vegetable produc- 
 tions, as the fruit or other parts of a plant 
 when severed from the body of it, or the 
 whole plant itself when severed from the 
 ground; secondly, of animals which have 
 in themselves a principle and power of 
 motion. 2 Steph. Com. 6Y. 
 
 In the civil law, moveables (mobilia,) 
 properly denoted inanimate things; ani- 
 mals being distinguished as moventia, things 
 moving. But this distinction was not al- 
 ways observed. Big. 50. 16. 93. Oalv. 
 Lex. Brissonius. See- Moventes. 
 
 " Moveables," in a will, pass all the per- 
 sonal goods, both quick and dead, which 
 either move themselves, as horses, sheep 
 and the like, or may be moved by another, 
 as plate, household stuff, corn in garners 
 and barns or in the sheaf, &c. ; also all 
 bonds and specialties. Shep. Touch. 447. 
 But " moveables " will not carry corn nor 
 fruit growing on the ground, nor stone nor 
 timber prepared for building. Ward on 
 Legacies, 210. 
 
 MOVEABLES, in Scotch law, are op- 
 posed to heritage. So that every species 
 of property, and every right a man can 
 hold, is by that law either heritable or 
 moveable. Bell's Diet. 
 
 MOVENTES. Lat. [pi. of movens, from 
 movere, to move.] In old English law. 
 Moving things. Semoventes ; things mov- 
 ing themselves ; animated objects, as dis- 
 tinguished from mobilia, (moveables.) 
 Fleta, lib. 2, c. 57, § 6. 
 
 MOVERE. Lat. To move ; to set in 
 motion ; to stir or agitate ; to originate or 
 commence. Movere litem; to commence 
 a suit. Alia vice movit ei litem de eadem 
 terra; on another occasion commenced a 
 suit against him for the same land. Bract. 
 fol. 271 b, 274. So, in law French, en 
 toutz pleas mens et a mover ; in all pleas 
 moved and to be moved. Britt. c. 126. 
 To begin a controversy or dispute, before 
 resorting to law. See Lis mota. 
 
 MO YEN, Moien. L. Fr. Mean ; inter- 
 mediate. Kelham. 
 
 MOYS, Moges, Meyes. L.Fr. A month. 
 Kelham. 
 
 MOYTE. L. Fr. Half; a moiety. 
 Britt. c. 119. 
 
 MUEBLES. Span. In Spanish law. 
 Moveables ; all sorts of personal property. 
 White's New Recop. b. 1, tit. 3, c. 1, § 2. 
 
 MUET. L. Fr. [from Lat. mutus, q. v.] 
 Dumb. Ne sourds ne meutz ; nor deaf nor 
 dumb persons. Britt. c. 34. 
 
 MUILLERE. L. Fr. [from Lat. mulier, 
 q. v.] The son of a lawful wife ; a mulier. 
 Frere muillere et frere bastard. Britt. c. 
 70. 
 
 MUIRBURN. Sc. In Scotch law. 
 The offence of setting fire to a muir or 
 moor. 1 Brown's R. 78 — 116. 
 
 MULCT. [Lat. mulcta.] A pecuniary 
 punishment; a fine. See Mulcta. 
 
 MULCTA. Lat. In the civil law. A 
 mulct or fine; a pecuniary punishment. 
 See the distinction between mulcta and 
 poena, Dig. 50. 16. 131, 244. Mulct a dam- 
 
MUL 
 
 (214) 
 
 MUL 
 
 nnm famse non irrogat. A mulct does not 
 
 involve loss of character. Cod. 1. 54. 
 Calv. Lex. 
 
 MULIER. Lat. In the civil law. A 
 ■woman, in general, {tjucBlihetfemina.) Calv. 
 Lex. 8 Co. 102 a. 
 
 A marriageable virgin, {yirgo viripotens.) 
 Dig. 50. 16. 13. 
 
 A woman not a virgin. Spiegelius. 
 8 Co. 102 a. 
 
 A married woman ; a wife, {uxor.) 
 Calv. Lex. 8 Co. 102 a. 
 
 A mother. Big. 21. 1. 14. 1. 
 
 MULIER. L. Lat. In old English and 
 Scotch law. A lawful son ; the son of a 
 mulier, or lawful wife. Co. Litt. 243 b. 
 8 Co. 102 a. 2 £1. Com. 248. .Called by 
 Grlanville and Skene, Jilius mulieratus. 
 Olanv, lib. 7, c. 1. Skene de Verb. Signif. 
 
 Mulier puisne; a younger lawful son. 
 A term constantly used in the old books in 
 contrast with bastard eigne, (an elder bas- 
 tard son.) 2 £1. Com. 248. 
 
 In old records. A wife, or married 
 woman, used as an addition in deeds. 
 Omnibus — Domina Johanna de Foresta, 
 mulier, salutem ; To all, &c. the lady Jo- 
 hanna de Forest, married woman, Greet- 
 ing. Old deed, cited in Blount. 
 
 MULIERTY. [Fr. mulerie.] In old 
 English law. The state or condition of a 
 mulier,. or lawful issue. Co. Litt. 352 b. 
 The opposite of bastardy. Blount. 
 
 MULNES. L.Fr. Middle, iemulnes 
 frere ; the middle brother. Litt. sect. 5. 
 
 MULTA (or MULTURA) EPISCOPI. 
 L. Lat. [from Lat. muleta.'\ In old Eng- 
 lish law. A bishop's fine ; a fine given to 
 the king, that a bishop might have power 
 to make his last will and testament, and to 
 have the probate of other men's, and the 
 granting administrations. 2 Inst. 491. 
 Cowell. 
 
 Multa coaceduntnr per obliqnnm, qnae 
 non conceduntur de directo. Many things 
 are allowed indirectly which are not allowed 
 directly. 6 Co. 4:1, Dowdale^s case. 
 
 Multa in jore communi eontra rationem 
 dispntandi, pro communi utilitate introducta 
 
 snnt. Many things have been introduced 
 into the common law with a view to the 
 public good, which are inconsistent with 
 sound reason. Co. Litt. '70 b. BroortCs 
 Max. 67, [117.] See Dig. 9. 2. 51. 2. 
 
 Mnlta transeunt cnm unirersitate, qnx 
 non per se transeunt. Many things pass 
 with the whole, which do not pass sepa- i 
 rately. Co. Litt. 12 a. , | 
 
 MULTIPLE POINDING, In Scotch 
 law. Double poinding; double distress. 
 The name of an action resembling a bOl of 
 interpleader. BelPs Diet. 
 
 MULTIFARIOUS. [Lat. multi/arius, 
 from multus, many, and ferre, to bear, or 
 /art, to speak.] In equity pleading. Com- 
 posed of a variety of distinct and indepen- 
 dent matters. See Multifariousness. 
 
 MULTIFARIOUSNESS. In equity 
 pleading. The fault of improperly joining 
 in one bill distinct and independent mat- 
 ters, and thereby confounding them ; as, for 
 example, the uniting, in one bill, of several 
 matters perfectly distinct and unconnected, 
 against one defendant, or the demand of 
 several matters of a distinct and indepen- 
 dent nature against several defendants, in 
 the same bill. Story's Eq. P/. § 271, e« 
 seq. See Mit/ord's Chanc. PI. 181, (208, 
 216, Moulton's ed". notes.) 
 
 MULTIPLEX. Lat. Manifold. Mul- 
 tiplex [et] indistlnctum parit confusionem; 
 et questiones [quo] simpliciores eo lucidiores. 
 That which is manifold and without dis- 
 tinction begets confusion ; and the more 
 simple questions are, the clearer are they. 
 Hoh. 335. 
 
 Multiplicata transgressione crescat piBnie 
 inflictio. As transgression is multiplied, 
 the infliction of punishment should in- 
 crease. 2 Inst. 479. 
 
 MULTIPLICITY, [from Lat. multiplex, 
 from multus, many, and plicare, to fold.] 
 A state of being many. Webster. That 
 quality of a pleading which involves a 
 variety of matters or particulars ; undue 
 variety. 2 Saund. B. 410. 
 
 A multiplying or increasing. Story's 
 Eq. PI. § 287. 
 
 MULTITUDE. L.Fr. and Eng. In old 
 English law. An assembly or collection of 
 persons for some unlawful purpose. De- 
 fined by some of the old writers to consist 
 of ten or moi'e ; (multitudinem decern 
 faciunt.) Lord Coke mentions this, but 
 observes that he could never read it re- 
 strained by the common law to any certain 
 number, but left to the discretion of the 
 judges. Co. Litt. 257 a. 
 
 Multitudo errantium non parit errori 
 patrocinnm. The multitude of those who 
 err furnishes no countenance or excuse 
 for error. 11 Co. 75 a, Magdalen Col- 
 lege case. Hardr. 98, arg. It is no 
 excuse for error that it is entertained by 
 numbers. 
 
 Multitudo imperitorum perdit curiam. 
 
MUN 
 
 (215) 
 
 MUN 
 
 The great number of unskilful practitioners 
 ruins a court. 2 Inst. 219. 
 
 MULTO. L. Lat. In old Englist law. 
 A sheep ; a wether. Fleta, lib. 2, c. "79, 
 § 4. Gowell. 
 
 MULTURE. [L. Lat. multura, molitura, 
 from molere, to grind.] In old English 
 law. A grinding of grain at a mill; the 
 grain ground. 
 
 The toll or fee due for grinding grain. 
 2 Mon. Angl. 825. Cowell. Called muZ^fr 
 in an old award, 28 Hen. IV. cited by 
 Blount. 
 
 In Scotch law. A duty paid for grind- 
 ing in any mill. 1 Forbes^ Inst. part. 2, 
 p. 140. A quantity of grain payable to 
 the proprietor of a mill, for grinding grain. 
 JBell's Diet, 
 
 MULVEYN. L. Fr. Middle. Mul- 
 veyn fitz ; a middle son ; one born between 
 two others. Britt. c. 10*7. 
 
 MUND, Munde. Sax. [L. Lat. mun- 
 dium.'] In Saxon law. Protection ; de- 
 fence ; peace ; (tutela, defensio, protectio, 
 pax,,patrocinium.) When the Mng took 
 a church, monastery or borough, or any 
 man or company, or their effects or estates 
 into his protection, it was said to be on 
 ci/nges munde, under the king's protection, 
 (m regis mundio.) Spelman. 
 
 MUNDBRICE, Mundbrich. Sax. [from 
 mund, protection, and brice, a breach.] In 
 Saxon law. Violation of the mund or 
 king's protection. Spelman. See Mund. 
 Sometimes confounded with grithbrice, or 
 grithbrech, (q. t.) 
 
 Mundbrich is also defined a breaking of 
 enclosures; mounds or banks "of earth 
 being anciently used for such purposes. 
 SpelmMn. 
 
 MUNDEBURDE, Mundbyrd. Sax. 
 [from mund, protection, and bord, borh, a 
 pledge ; L. Lat. mundeburdum, mundobur- 
 dum, mundiburdium.] In Saxon and old 
 European law. A pledge or security for 
 protection, (^patrocinii Jidejussio.) Spel- 
 man. 1 Spencers Chancery, 35, note. 
 MUNDIUM. L. Lat. In old French 
 
 privilege of holding office. Proprie muni- 
 cipes appellantur muneris participes, re- 
 cepti in eivitatem, ut munera nobiscum 
 facerent. Id. 50. 1. 1. A citizen of a 
 foreign town or municipium ; so called 
 from the privilege of enjoying office at 
 Rome. Adam's Bom. Ant. 47, 11. See 
 Municipium. 
 
 A townsman ; one born in the same mu- 
 nicipium. This was a later, but improper 
 sense. Dig. 50. 1. 1. Id. 50. 16. 228. 
 
 MUNICIPAL. [Lat. municipalis, from 
 municipium, q. v.] Belonging to a city, 
 town or place having the right of local 
 government; belonging to, or affecting a 
 particular state or separate' community. 
 Local ; 'particular ; independent. See 
 Municipium. 
 
 MUNICIPAL CORPORATION. [L. 
 Lat. vil[a corporaia.'l A public corpora- 
 tion ; a corporation created by government 
 for political purposes, and having subordi- 
 -nate legislative powers to be exercised for 
 ^iocal purposes, such as a county, city, 
 town or village.* 2 Kent's Com. 2l5. 
 See Public corporation. 
 
 MUNICIPAL CORPORATION ACT. 
 In English law. The statute 5 & 6 WiU. 
 IV. c. 16, for regulating the municipal 
 corporations in England and Wales, 3 
 Steph. Com. 191, et seq. 
 
 MUNICIPAL LAW. [Lat. jus muni- 
 cipale, lex municipalis.'\ The rule or law 
 by which a particular district, community 
 or nation is governed. 1 Bl. Com. 44. 
 The particular law of a state or nation ; as 
 distinguished from public or international 
 law.* — A rule of civil conduct, prescribed 
 by the supreme power in a state. 1 Bl. 
 Com. ub. sup. 1 Kent's Com. 447. A 
 municipal law, according to the American 
 theory of government, is the expression of 
 the legislative will of the state according 
 to the forms of the constitution. 25 
 Mississippi R. 625. 
 
 In a stricter sense, — the local law of a 
 particular place, such as a city or town. 
 Originally, the law of a municipium, (q. v.) 
 
 law. A tribute paid by a church or mon- or free town. Calv. Lex. voc. Municipalis. 
 astery to their seignorial avoues and vi- MUNICIPIUM. Lat. [from munus, 
 
 office or honor, and capere, to take.] 
 
 dames, as the price of protecting them. 
 Steph. Led. 236. 
 
 MUNICEPS. Lat. [pi. municipes, from 
 munus, office, and capere, to take.] In 
 Roman law. One who was entitled to 
 hold office. Municipes did quod munera 
 civilia capiant. Dig. 50. 16. 18. One 
 who was admitted into a state, with the 
 
 .In 
 Roman law. A foreign town to which the 
 freedom of the city of Rome was granted, 
 and whose inhabitants had the privilege of 
 enjoying offices and honors there; a free 
 town. Butler's Hor. Jur. 29. Adam's 
 Bom. Ant. 47, 77. 
 
 A free or privileged town ; one that had 
 
MUR 
 
 (216) 
 
 MUR 
 
 the right of being governed by its own 
 laws and customs. Id. It. Hence the 
 Lat. municipalis, and Eng. municipal, 
 
 In old English law. A castle. Spelman. 
 MUNIMENTS. [L. Lat. munimmta, 
 munimina, from mwnire, to defend.] The 
 evidences or writings whereby a man is 
 enabled to defend the title of his estate. 
 Blount. 9 Co. 18. Title deeds and 
 papers; evidences of title. Corrupted to 
 miniments, which seems to have once been 
 the common form of the word. The Lat. 
 munimenia and munimina occur in this 
 sense in the laws of the Lombards. Z. 
 Lonqohard. tit. 36, 1. 9. Spelman. 
 
 MUNIMENT HOUSE. A 'place for 
 the safe-keeping of muniments, (q. v.) " A 
 little room of strength" in cathedral and 
 collegiate churches, castles, colleges, &c. 
 purposely made for keeping the seal, evi- 
 dences, charters, &c. of such church or 
 college. Blount. 
 
 MUNUS. Lat. In the civil law. A 
 gift or present, {donum, q. v.) Dig. 50. 
 16. 18. See the distinction between mu- 
 rius and donum, Id. 50. 16. 194. 214. 
 
 A charge or duty, (onus.) Id. 50. 16. 
 18. Hence immunilas. Id. 
 
 An office {pfficium.) Id. ibid. Id. 60. 
 4. 1, 14, 18. And see Calv. Lex. 
 
 In feudal law. The name first given to 
 what was afterwards termed beneficium, 
 and finally feudum, Spelman. A feudal 
 estate, in its original character of a mere 
 gratuitous donation. Cowell, voc. Ben- 
 efice. 
 
 . MUR, Mure. L. Fr. [from murus-l A 
 wall. Par mure ou par haye ; by a wall 
 or by a hedge. Britt. c. 61. Mur abatu ; 
 a wall beaten or thrown down. Id. ihid. 
 
 MURAGE. L. Fr. and Eng. [L. Lat. 
 muragium, from murus, Fr. mur, a wall.] 
 In old English law. A toll or tribute 
 levied for the building or repairing of 
 public walls. Stat. Westm. 1, c. 30. 2 
 Inst. 222. 
 
 MURDER. [L. Fr. murdre ; L. Lat. 
 murdrum ; from Teut. moerda, or Sax. 
 morthor.'] In old English law. The secret 
 killing of one human being by another. 
 Homicide privately perpetrated, no one 
 being present, knowing, hearing or seeing 
 it, (homicidium quod nulla prcesente, nulla 
 tdente, nullo audiente, nulla vidente, elam 
 perpetratur.) ^raci. fol. 1 34 b. SeeFleta, 
 lib. 1, c. 23, § 6 ; c. 30, § 1. 
 The private slaying of foreign and 
 
 known persons, {occulta extranewum et 
 notorum hamimcm occisio,) wickedly per- 
 petrated by the hand of man, and which 
 is committed, no one knowing or seeing, 
 except only the slayer and his aiders and 
 abetters, and in such a manner that the 
 hue and cry does not immediately follow, 
 (ita quad nan statim assequatur clamor 
 popularis.) Bract, fol. 134 b. Fleta, lib. 
 1, c. 30, § 1. This was the technical de- 
 finition of murder in the time of Bracton, 
 founded on another signification of the 
 term, (see infra^ and the old law of Eng- 
 lishery. As early as Britton, however, it 
 was modified to mean, " the slaying of an 
 unknown person, feloniously done, when it 
 cannot be known by whom it was commit- 
 ted," (pceisian de home discanu, felonise- 
 ment faite, daunt home ne pait saver par 
 que ne par quex.) Britt. c. 6. 
 
 A fine or amercement imposed upon the 
 vill or hundred where a person was found 
 killed by another, unless the fact of,the 
 slain person having been English (techni- 
 cally called Fnglisherg) was duly present- 
 ed before the justices. 
 
 The origin of this imposition (or mur- 
 drum) is thus explained by Bracton : 
 After the subjugation of England by 
 Canute the Dane, the English barons 
 pledged themselves, in consideration of 
 his sending back his army to Denmark, 
 that as many followers as he chose to re- 
 tain with him in England, should remain 
 entirely unmolested, and for greater secu- 
 rity on this point agreed that if an Eng- 
 lishman should kill a Dane and escape, so 
 that he could not be taken, there should 
 be paid for him sixty-six marks, to be col- 
 lected in the vill where the slain person 
 was found, or in the hundred, if the vill 
 were too poor to pay it. Bract, fol. 134 b. 
 After the conquest by the Normans, a sim- 
 ilar regulation was established for the pro- 
 tection of the king's Norman followers or 
 subjects; a fine (called murdrum,) being 
 imposed upon the neighborhood, (patri^ 
 where a Frenchman {Francigena,) was 
 found killed, and the slayer was un- 
 known; and to render this the more 
 eflectual, it was declared by law that the 
 slain person was always to be presumed to 
 be French, unless the fact of his or her 
 being English was formally presented and 
 proved. Hence the law of English ery, 
 (q. V.) once so important that the very de- 
 finition of murder as a crime was made to 
 turn upon the fact that the slain person 
 
MTJR 
 
 (217). 
 
 MUT 
 
 was & foreigner, (extraneus.) See the defi- 
 nition from Bracton', supra. 
 
 MURDER. [L. Lat. murdrum, L. Fr. 
 murdre, Sc. murt/terj] In criminal law. 
 The killing of a man with malice prepense. 
 I Hale's P. C. 425. Flowd. 261.— The; 
 killing of one human being by another, 
 with malice aforethought, express or im- 
 plied.* The unlawful killing of any rea- 
 sonable creature in being, and in the peace 
 ■of the commonwealth, by a person of sound 
 memory and discretion, with malice afore- 
 thought, express or implied.* 3 Iiist 47. 
 4 £1. Com. 195, et seq. 
 
 This is substantially the definition of 
 murder in American law, though, in some 
 of the states, modifications have been in- 
 troduced by statute. Wkartou's Am. 
 Crim. Law, §| 930, 884, et seq. 1 Hale's 
 P. 0. 425, (Am. ed. note.) See 1 Russell 
 on Crimes, 482, (Am. ed. 1850, note.) 
 
 *;j* The radical sense of the word mur- 
 der is a secret killing ; the term gemurdrit 
 or gamu/rdrit, (q. v.) being, thus used at 
 the earliest period to which it can be 
 traced. L. Boior. tit. 18, c. 2, § 3. So in 
 England, the L. Fr. murdre occurs in old 
 statutes in the sense of concealment or sti- 
 fling. Stai. Hxet. 14 Edw. I. And the 
 L. Lat. murdrare, (q. v.) is used as an 
 equivalent word by Fleta. Hence the 
 general definition of murder given by 
 Bracton, — a secret killing, where it cannot 
 be known who the slayer is. Bract, fol. 
 121, 134 b. To this was superadded the 
 idea of a felonious killing (occisio neqttiter 
 perpetrata.) Id. ibid. But the whole de- 
 finition of the crime by the same author 
 was made a technical one, by being based 
 on that peculiar regulation of the times, 
 called Englishery. It was in substance, 
 " the secret and felonious killing of a for- 
 eigner (occulta extraneorum occisio.") 'Id. 
 134 b. This will account for the form of 
 the definitions given by Staundford and 
 others, after Englishery was abolished ; — 
 " the wilful and felonious killing of another, 
 whether Englishman or foreigner, secretly 
 or openly." Staundf. PI. Cor. lib. 1, c. 2. 
 Cowell. 
 
 "MURDER," "MURDERED." Ne- 
 cessary words in indictments for murder, ; 
 as murdrum and murdravit, anciently 
 were. 3 Bl. Com. 321. 4 Id. 307. 
 Wharton's Prec. of Indictments, 42, et seq. 
 MURDRARE. L. Lat. In old crimi- 
 nal law. To murder. 3 Bl. Com. 321. 
 Murdravit ; murdered. A necessary word 
 
 in old indictments for murder. 4 Bl. 
 Com. 307. 5 Go. 122 b, Long's case. 
 Lord Kenyon, 2 Sast, 30. 
 
 To hide, conceal or stifle. Nullam veri- 
 tatem celabo, nee eelari permittam, vel mur- 
 drari; I will conceal no truth, nor will I 
 permit it to be concealed or stifled. 
 Fleta, lib. 1, o. 18, § 4. Words of the 
 oath of an inquisitor or juror. And see 
 Id. §§ 8, 10. 
 
 MURDRE. L. Fr. Murder. LL. Gul. 
 Conq. 1. 26. 
 
 A fine so called. Id. ibid. See Mur- 
 drum. 
 
 MURDRITOR. L. Lat. [from mur- 
 drare, q. v.] In old English law. A mur- 
 derer. Murdritores ; murderers. Bract. 
 fol. 116 b. 
 
 MURDRUM. L. Lat. [L. Fr. murdre.] 
 In old criminal law. Murder. Bract, fol. 
 134 b. Fleta, lib. 1, c. 30, § 1. A word 
 of art, formerly essential in indictments. 
 5 Co. 121 b, Lang's case. 
 • A fine or amercement imposed upon a 
 vill, (town,) hundred, or neighborhood 
 [patria) where a person was found slain, 
 and not proved to be English, and the 
 slayer was unknown. Bract, fol. 134 b, 
 135. 1 Hale's P. 0. 425, note. See 
 Murder. Murdra omnia condono ; I for- 
 give or remit all murders. Chart. Hen. I. 
 A. D. 1100. 
 
 MURORUM OPERATIO. Lat. In 
 old English law. Wall-work;* the ser- 
 vice of work and labor done by inhabi- 
 tants and adjoining tenants, in building or 
 repairing the walls of a city or castle. 
 Paroch. Ant. 114. Cowell. 
 
 MURTHRUM. L. Lat. In old Scotch 
 law. Murther or murder. Skene de Verb. 
 Sigrdf. 
 
 MUSCE. L. Fr. Hidden ; buried, as 
 treasure. Britt, c. 1, 17. Fn muscettes ; 
 in secret; privately; clandestinely. Id. 
 c. 101. 
 
 MUSTER. L. Fr. A monastery. LL. 
 Gul. Conq. 1. 17. 
 
 MUSTER ROLL. In maritime law. 
 A list or account of a ship's company, re- 
 quired to be kept by the master or other 
 person having care of the ship, containing 
 the names, ages, national character and 
 quality of every person employed in the 
 ■ship. Abbott on Ship. [191, 1Q2.] Jacob- 
 sen's Sea Laws, 161. 
 
 MIXTA CANUM. L. Lat. In old 
 English law. A pack of hounds, Spei- 
 man. See 2 St. Trials, 1164. 
 
MUT 
 
 .(218) 
 
 NAD 
 
 MUTATIO NOMINIS. Lat. In the 
 civil law. Change of name. Cod. 9. 25. 
 
 MUTE, [from Lat. mutus, q. v.] 
 Speechless ; dumb ; that cannot or ■will 
 not speak. In English criminal law, a 
 prisoner is said to stand mute, when, be- 
 ing arraigned for treason or felony, he 
 either makes no answer at all, or answers 
 foreign to the purpose, or with such mat- 
 ter as is not allowable, and will not answer 
 otherwise ; or upon having pleaded not 
 guilty, refuses to put himself upon the 
 country. 4 Bl. Com. 324. But see, as 
 to the last case, Stat. 7 & 8 Geo. IV. c. 
 28. 
 
 MIJTE. Sc. In old Scotch law. A 
 plea or action, [plaeitum.) The Mute-hill 
 of Scone, {mons placiti de Scona.) See 
 Skene de Verb. Signif. 
 
 MUTINY. Open resistance by soldiers 
 or seamen, of their oflBcers, or opposition 
 to their authority. Webster. 
 
 MUTINY ACT. In English law. An 
 act of parliament annually passed to punish 
 mutiny and desertion. 1 Bl. Com. 415. 
 
 MUTUAL. Proceeding from both 
 sides ; reciprocal ; interchanged. 
 
 MUTUAL CREDITS. In bankrupt 
 law. Credits which must, from their na- 
 ture, terminate in debts ; as where a debt 
 is due from one party, and credit given by 
 him on the other for a sum of money pay- 
 able at a future day, and which will then 
 become a debt ; or where there is a debt 
 on one side, and a delivery of property 
 ■with directions to turn it into money on 
 the other. Gibbs, 0. J. 8 Taunt. 499. 
 2 Smith's Lead. Cas. 179. 
 
 MUTUAL PROMISES. Promises si- 
 multaneously made by and between two 
 parties ; each being the consideration for 
 the other. 
 
 MUTUALITY. Reciprocation; inter- 
 change. Webster. An acting by both of 
 two parties ; an acting in return. 
 
 MUTUARI. Lat. To borrow. Mutu- 
 atus ; a borrowing. 2 Arch. Pr. 25. 
 
 MUTUS. Lat. In civil and old Eng- 
 lish law. Dumb ; mute ; a dumb person. 
 Dig. 50. 11. 124. Inst. 3. 20. 1. Fleta, 
 lib. 2, c. 56, § 19. Mutus et surdus ; 
 dumb and deaf. Cro. Jac. 105. 
 
 MUTUUM. Lat. In the civil law. A 
 loan for consumption. 2 Kent's Com. 
 573. — A loan of consumable goods, called 
 res fungibiles, lent on condition of a re- 
 turn in kind. Hallifax, Anal. b. 2, c. 15, 
 num. 2. The subjects of this kind of 
 
 loan were such articles as might be weigh- 
 ed, counted or measured, yquce pondere, 
 numero, mensurave constant,) as wine, oil, 
 grain, coin, brass, silver or gold, and by 
 the loan the property was transferred, and 
 the value only was to be returned in pro- 
 perty of the same kind. Inst. 3. 15, pr. 
 Dig.l^. 1. 2. Fleta, lib. 2, c. 56, § 6. 
 Heinecc. Mem. Jur. Civ. lib. 3, tit. 15, 
 § 792. Story on Bailm. §§ 47, 283. 
 
 This loan is said in the Institutes to be 
 called mutuum, because ita a me tibi datur 
 ut ex meo tuum fiat, (it is given by me to 
 you in such a way, that from mine it be- 
 comes yours.) Inst. ub. sup. 
 
 MY. L. Fr. Half; middle. En my 
 leu ; in the middle place ; in the middle. 
 Britt. c. 1\^. Per ihy et per tout ; by the 
 half or moiety, and by alL 2 Bl. Com. 
 182. 
 
 MYNUTE. L. Fr. Midnight. Britt. 
 c. 80. 
 
 MYS. L.Fr.[fromnii«er,toput.] Put; 
 sent ; put in or inserted. Mys a lour pe- 
 naunce ; put to their penance. Britt. c. 
 4. Mys en ferges ; put in irons. Id. c. 
 11. P'oles mys en escrits ; words put in 
 writings. Id. c. 39. Que date soit mys 
 del jour ; that a date be put in of the day. 
 Id. ibid. Mys en la gaole. Id. c. 100. 
 Mys en certaine ; put in certain. Dyer, 
 55 b. 
 
 MYSTERY. [L. Lat. misterium, from 
 L. Fr. mestier, an art or business.] A trade 
 or occupation. Spelman. Cowell. 
 
 MYSTIC TESTAMENT. [Fr. testament 
 mystique ou ferme.^ A sealed testament. 
 Civ. Code of Louis, art. 1567. Cod. Nap. 
 969. 
 
 N. An abbreviation of Novellce, the 
 Novels of Justinian ; used in citing them. 
 Tayl. Civ. Law, 24. 
 
 N. L. An abbreviation of Non liquet, 
 (q. V.) 
 
 NAAM. A taking, or distress. A 
 word used in the Mirror, of the same sig- 
 nification with the L. Fr. name, and L. Lat. 
 namium, (qq. v.) Mirr. lib. 2, c. de Naam. 
 It seems to be neither Saxon nor French, 
 but a compound of both. 
 
 NACION. L. Fr. Birth ; origin. De 
 iiiZenacion; of mean birth. Britt. q. Z\. 
 En temps de sa nacion ; at the time of his 
 birth. Id. c. 86. 
 
 NADGAIRES, Naidgayers, Naidgaris. 
 
NAR 
 
 (219) 
 
 NAT 
 
 L. Fr. Lately ; not long since ; sometimes. 
 Artie, sup. Chart, c. 17. Kelham. 
 
 NAIF. L. Fr. [L. Lat. nativus, a born 
 slave.] A villein ; a born slave, {nee ser/e.) 
 Britt. c. 31. LL. Gul. Conq. 1. 33. 
 
 NAIFTE. L. Fr. [L. Lat. naivitas, 
 nativitas.1 Villeinage ; naifty ; the state 
 of a person born a slave. £ritt. c. 31. 
 
 NAIVITAS, Nayvitas. L. Lat. In 
 old English law. Naifty ; villeinage. Fleta, 
 lib. 4, c. 2, § 8; c. 11, § 6. 
 
 NAM. Lat. For. This particle is 
 frequently used as introductory to the 
 quotation of a maxim, and sometimes erro- 
 neously treated as a part of the maxim 
 quoted. 2 Bl. Com. 107, 379, 380. 3 
 Id. 188. 
 
 NAM. Sax. [from naman, to take.] In 
 old English law. The taking of a pledge ; 
 a distress. Spelman. A component part 
 of the word withernam, (q. v.) Hence the 
 more common L. Fr. name, and Lat. nami- 
 um, (qq. v.) 
 
 NAMAEE. L. Lat. [from Sax. nam, 
 q. v.] In old records. To take ; to dis- 
 train ; to take a distress. Spelman. Skene 
 de Verb. Sign. The derivatives namptus 
 and namptum were also used. 
 
 NAMATIO. L. Lat. [from namare, 
 q. v.] In old English and Scotch law. A 
 distraining, or taking of a distress ; an im- 
 pounding. Spelman. The English Tiama- 
 tion is given by Cowell and Blount. 
 
 NAME. L.Fr. [L-Lat. namium ; from 
 Sax. nam, q. v.] A taking ; a distress ; a 
 thing or chattel distrained. Name si est 
 un general nosme a, avers et a cliateux, et a 
 touts auters choses moehles que len poit 
 prendre en, name de destresse ; name is a 
 general word for beasts and chattels and 
 all other moveable things which one may 
 take in name of a distress. Britt. c. 27. 
 Vee de name, (yetitum namium.) Id. c. 26. 
 
 NAMIUM. L. Lat. [from Sax. nam, 
 q. v.] In old English law. A taking ; a 
 distress. Spelman. Fleta, lib. 2, c. 43, 
 § 3. 
 
 Things, goods or animals, taken by way 
 of distress. Id. Simplex namium; a 
 simple taking or pledge. Bract, fol. 205 b. 
 Called in old Scotch law, namus. Stat. 1 
 Eoh. I. c. 7. See Vetitum namium. 
 
 NARR. In practice. A common ab- 
 breviation of narratio, (q. v.) The plain- 
 tiflf's declaration in an action at law. 1 
 Inst. Cler. 11. 1 Burr. Fr. 118, 136. 
 7 Fenn. St. (Barr's) B. 392. 
 
 NARRARE. L. Lat. In old practice. 
 
 To relate or narrate; to state -a plaintiff's 
 case; to count; to declare. Narrando ; 
 counting. Yearh, M. 1 Edw. II. 2. 
 
 NARRATIO. Lat. [from narrare, to 
 relate.] In old English practice. A count 
 or declaration. So called as being a nar- 
 rative by the plaintiff, of the facts of the 
 case, as the ground of his action. Bract. 
 fol. 283 b, 284. Fleta, lib. 6, cc. 16—20. 
 2 Beeves' Hist. 265—267. 3 Bl. Com. 
 293. Anciently delivered ore tenus, and 
 called in English the tale, which is the lit- 
 eral meaning of the term count. Steph. 
 PI. Appendix, Note (66.) The use of 
 narratio did not become general until after 
 Bracton, who more commonly employs the 
 term intentio. Bract, fol. 266 b, 281 b, 
 296 b, 319 b. 
 
 NARRATIVE. In Scotch conveyanc- 
 ing. That part of a deed which describes 
 the grantor, and person in whose favor the 
 deed is granted, and states the cause (con- 
 sideration) of granting. Bell's Diet. 
 
 NARRATOR. L. Lat. [from narrare, 
 q. v.] In old practice. A countor ; an 
 advocate or pleader. Bract. 412 a, 372 b. 
 Steph. PI. 24. Fleta, lib. 2, c. 37. 
 
 NASCITURUS. Lat. [from nasci, to be 
 born.] In the civil law. An unborn child ; 
 a child to be born, or about to be born. 1 
 Maekeld. Civ. Law, 128, § 118, Eauf- 
 mann's note, ihid. Tayl. Civ. Law, 248. 
 
 NASTRE. L.Fr. Born. Fols nastres ; 
 born fools; idiots from birth. Britt. c. 
 34. 
 
 ' NATI ET NASCITURL Lat. Bom 
 and to be born. An expression including 
 all heirs, near and remote. Fleta, lib. 3, c. 
 8. See Comb. 154. 
 
 NATIO. Lat. In old records. A 
 native place. Cowell. 
 
 NATIVA. L. Lat. In old English 
 law. A neife, or female villein. So called, 
 because for the most part bond by nativity. 
 Co. Litt. 122 b. 
 
 NATIVE. [Lat. nativus, born, home 
 born.] In English law. A natural born 
 subject. 1 Bl. Com. 366. 
 
 In American law. A person born within 
 the jurisdiction of the United States. 2 
 Kent's Com. 38. 
 
 NATIVE CITIZEN. A person bom 
 in the United States since the declaration 
 of independence, or before, if he has re- 
 moved here since that event; or the child 
 of a citizen born abroad, if his parents 
 have ever resided here. 2 Hilliard's Real 
 Prop. 190, (196, 3d ed.) 
 
NAT 
 
 (220) 
 
 NAT 
 
 NATIVI. L. Lat. Vassals or feudal 
 tenants. So called, even before feuds be- 
 came hereditary. Wriffht on Tenures, 14. 
 
 ViUeins. Meta, Ub. 2, c. 61. See 
 N^ativus. 
 
 NATIVITAS. L. Lat. [from nativus, 
 q. v.] In old English law. VUleinage ; 
 that state in which men were born slaves. 
 2 Mon. Angl. 643. Called by Britton, 
 TMifte. Britt. c. 31. Otherwise written 
 naivitas, (q. v.) 
 
 NATIVITS. L. Lat. [from nasci, to be 
 born.] In old English law. A born slave ; 
 a villein born ; a villein. Glanv. lib. 5, c. 
 1, Spelman. Fleta, lib. 2, e. 61. 
 
 NATURA. Lat. Nature. Natura ap- 
 petit perfectum ; ita et lex. Nature covets 
 
 perfection; so does law also. ^o6. 144. 
 
 Natura non facit saltum; ita nee lex. 
 
 Nature makes no leap, [no sudden or ir- 
 Tegular movement,] so neither does law. 
 Go. Liu. 238. Applied, in old practice, to 
 the regular observance of the degrees in 
 writs of entry, which could not be passed 
 over per saltum. 
 
 _ NATURAL ALLEGIANCE. In Eng- 
 lish law. That kind of allegiance which is 
 due from all men born within the king's 
 dominions, immediately' upon their birth; 
 which is intrinsic and perpetual, and cannot 
 be divested by any act of their own. 1 
 Bl. Com. 370, 371. 2 Kenfs Com. 42. 
 
 In American law. The allegiance due 
 from citizens of the United States to their 
 native or adopted country, and which, .it 
 seems, cannot be renounced without the 
 permission of government, to be declared 
 by law. 2 Rents Com. 43 — 49. 
 
 NATURAL-BORN SUBJECTS. In 
 English law. Such persons as are bom 
 within the dominions of the crown of Eng-' 
 land, that is, within the ligeanoe, or, as it 
 is generally called, the allegiance of the 
 king. 1 Bl. Com. 366. 
 
 NATURAL CHILD. [Gr. ™5os.] In 
 the civil law. A child by natural relation 
 or procreation ; a child by birth, as dis- 
 tinguished from a child by adoption. Inst. 
 1. 11, pr. Id. 3. 1. 2. Id. 3. 8, pr. 
 
 A child by concubinage, in contradistinc- 
 tion to a child by marriage. Cod. 6. 27. 
 See Nov. 89. Tayl. Civ. Law, 270. 
 
 In English and American law. An 
 illegitimate child ; a child born out of law- 
 ful wedlock. Cooper's Just. Inst. *499. 
 Braoton divides natural children into ttro 
 kinds, legitimate and illegitimate. Bract. 
 fol 64. And see Fleta, lib. 6, c. 1, § 5. 
 
 NATURAL DAY. That period of 
 time which begins at sunrise and ends at 
 sunset ; otherwise called a solar day. See 
 Day. This seems to be sometimes con- 
 founded with an artificial day. Dyer, 
 131 a. 
 
 NATURAL FOOL. A person bom 
 without understanding; a born fool or 
 idiot. Sometimes called, in the old books, 
 a natural. See Miot. 
 
 NATURAL FRUITS. [Lat. fructus 
 naturalesi] Fruits of land or other thing, 
 produced solely by the powers of nature. 
 See Fructus naturales. 
 
 NATURAL LAW. [La.t jus naturale, 
 jus naturae.'] The rule and dictate of right 
 reason, showing the moral deformity or 
 moral necessity there is in any act, accord- 
 ing to its suitableness or unsuitableness to 
 a reasonable nature. Tayl. Civ. Law, 99. 
 See Law of nature. 
 
 NATURAL LIBERTY. The power of 
 acting as one thinks fit, without any re- 
 straint or control, unless by the law of 
 nature. 1 Bl. Com. 126. 
 
 NATURAL PRESUMPTION. In the 
 law of evidence. That species of pre- 
 sumption, or process of probable reason- 
 ing, which is exercised by persons of ordi- 
 nary intelligence, in inferring one fact from 
 another, without reference to any techni- 
 cal rules. Otherwise called proesumptio 
 hominis. Burr. Circ. Fv. 11, 12, 22, 
 24. 
 
 Presumption as applied to subjects not 
 of a legal character, as distinguished from 
 judicial presumption. Id. 11. See Pre- 
 sumption. 
 
 A presumption of fact. Id. 59; 
 
 NATURAL YEAR. [Lat. annus natu- 
 ralisi] In old English law. That period 
 of time in which the sun was supposed to 
 revolve in its orbit, {spatium quo suum sol 
 pervolvat circulum;) consisting of 365 days 
 and one-fourth of a day, or six hours. 
 Bract. foL 359 b. 
 
 NATURALEZA. Span. In Spanish 
 law. The state of a natural born subject." 
 White's New Becop. b. 1, tit. 5, c. 2. 
 Called naturalidad. Id. § 1. 
 
 NATURALIZATION. [Lat. naturali- 
 zatio.] The act of investing an alien with 
 the rights and privileges of a native or nat- 
 ural-bofn subject or citizen.* Co. Litt. 
 129 a. 1 Bl. Com. 374. 2 Kenfs Com. 
 64 — 67. See the Acts of Congress of 
 April 14th, 1802, eh. 28; March 3d, 
 1813, oh. 184; March 22d, 1816, ch. 32;' 
 
NATJ 
 
 (221) 
 
 NAY 
 
 May 26th, 1824, ch. 186; and May 24th, 
 1828, ch. lie. 
 
 NATURALIZED CITIZENS.. In 
 American law. Those "who go through 
 the prescribed process for naturalization; 
 their minor children at that time in the 
 country; or the widows and children of 
 those who have taken the initiatory steps 
 for naturalization, hut have died before 
 they were actually natoralized. 2 Sil- 
 liatrd's Real Prop. 190. 
 . NAUCLERUS. Gr^co-Lat. [Gr. vav- 
 (tXiipof, from vavi, a ship, and «X5pof, lot.] In 
 the civil law. The master or proprietor of 
 a trading vessel. Cod. 11. 1. [2.] Galv. 
 Lex. Adamh Bom. Ant. 440. Molloy de 
 Jur. Mar. 243. 2 Peters^ Adm. Dec. Ap- 
 pendix, Ixxxiii. 
 
 NATJFRAGE. Fr. [Lat. navfragium, 
 qv v.] In French law. Shipwreck, {navis 
 fraetura.) Emerigon Tr. des Asa. ch. 12, 
 sect. 12, § 1. 
 
 NAUFRAGII7M. I.at. [from navis, a 
 ship, and frangere, to break; L. Fr. nau- 
 frage.'\ In the civil law. Shipwreck ; the 
 breaking of a ship {navis fractio ;) q. d. 
 ship-break. Big. 47, 9. Cod. 11. 5. 
 Calv. Lex. Loccen. de Jur. Mar. lib. 1, 
 c. 7. " A ship was broken at sea." Hale 
 de Jur. Mar. pars 1, c. 7. 
 
 NAUGHT. In old practice. Bad ; de- 
 fective. "The bar is naught." 1 Leon. 
 11. "The avowry is raaw^'M" 5 Mod. 13. 
 " The plea is undoubtedly naught." Eyre, 
 C. J. 10 Id. 329. See 11 Id. 179. 
 Sometimes written "naughty." Brownl. 
 & Golds. 97. See HI. 
 
 NAULUM. Grseco-Lat. [Gr. rai\ov, 
 from vavs, a ship.] In civil and maritime 
 law, Freight; a sum paid for carrying 
 goods or passengers over sea in a ship.* 
 The eonsideration or premium promised 
 to the master of a ship for carrying goods 
 or persons from one place to another. 
 Moccus Notah. de JVav. et Naulo, Not, ii. 
 See Freight. 
 
 NAUPEGUS, GrKco-Lat. [Gr. v«- 
 tmySs, from Ko«j, a ship, and nfiymiu, to fit 
 together.] In the civil law. A ship- 
 wright, or ship carpenter. Dig. 50. 6. 6. 
 Odlv. Lex. Molloy de Jur. Mar. 243. 
 2 Peters' Adm. Dec. Appendix, kxxiii. 
 
 NAUTA. Lat. [from Gr. mvs, a ship.] 
 In the civil and maritime law, A sailor ; 
 one who works a ship. Calv. Lex. 
 
 Anj one who is on board a ship for the 
 purpose of navigating her, (pmnes qui 
 navis navigandce cam&, in nave sunt.) Dig. 
 
 4. 9. 1, 2. Rwcus de Nav. & Naulo, 
 not, 9, 3 Sumner's B. 213. 
 
 The employer of a ship, {qui navem ex- 
 ercet.) Dig. 4, 9- 1. 2. Story on Agency, 
 8 317, note, 
 
 NAVARCHU8, Graeoo-Lat, [Gr, vaiap- 
 xoi, from m^, a ship, and dp^'i, command.] 
 In civil law. The master or commander 
 of a ship ; the captain of a man-of-war. 
 Cod. 11, 1. 6., Adam's Bom. Ant. 440. 
 Calv. Lex. 2 Peters' Adm. Dec. Appen- 
 dix, Ixxxiii. 
 
 NAVICULARIUS. Lat. [from navis, 
 ship.] In the civil law, The master or 
 captain of a ship. Calv. Lex. Molloy de 
 Jur. Mar. 243. 2 Peters' Adm. Dec. 307, 
 note. Id, Appendix, Ixxxiii. See Emerig. 
 Tr. des Ass. ch. 14, sect. 1. 
 
 NAVIGABLE. [Lat, navigabilis, from 
 navigare, to sail, from navis, a ship,] That 
 may be navigated or passed over in ships 
 or vessels. But the term is also under- 
 stood in a more restricted sense. See 
 Navigable river. 
 
 That may be used for navigation. Said 
 of a ship. See Innavigable. 
 
 NAVIGABLE RIVER or STREAM. 
 A river or stream in which the tide ebbs 
 and flpws, or as far as the tide ebbs and 
 flows. This is the common law definition 
 of the term. The flux and reflux of the 
 tide is the common law test of a navigable 
 stream. And, by that law, fresh-water riv- 
 ers do not come within .the category of 
 navigable rivers. Grier J. 20 Howard's 
 B. 194. See Id. 299. 12 Id. 444. This 
 doctrine has been adopted in several of 
 the United States, as in New-York, Massa- 
 chusetts, New-Hampshire, Connecticut, 
 Maine, Msu^laad, Virginia, Ohio and In- 
 diana. See Angell on Water-Courses, 
 §§ 546, 547. In other states, as in Penn- 
 sylvania, North and South Carolina, Ten- 
 nessee, Alabama and Mississippi, it has 
 been rejected, and large public rivers used 
 for navigation, whether tide-waters or not, 
 are considered as coming under the de- 
 nomination oi navigable. 12 Howard's B. 
 444. 20 Id. 299. 14 Id. 91. 2 Binney's 
 B. 475. 2 Devereux B. 30, 1 Mc Cord's 
 B. 580. 6 Humphrey's B. 358. 2 Swan's 
 B. 9. 2 Porter's B. 436. 29 Missis- 
 sippi B. 31, 34. Angell on Water-Courses, 
 §§ 548, 549. This is in accordance with 
 the civil law, in which, a navigable river is 
 a river capable of being navigated, in the 
 common sense of the term, and not merely 
 a river in which the tide flows and reflows 
 
NE 
 
 (222) 
 
 NE 
 
 Id. § 550. See 3 Kent's Com. 412—418. 
 
 2 Hilliard's Beal Prop. 90, 91. 
 Navigable streams are highways. Gor- 
 don's Dig. 318. See Angell on Water- 
 Courses, §§ 545, 546. And a stream not 
 navigahle by boats, but floatable merely, is 
 a public highway. 2 Michigan (Oihhs) R. 
 519, 525, 627. 
 
 NAVIGAKE. Lat. [from navis, a ship, 
 and agere, to move or work.] To navi- 
 gate; to work or manage a ship; to per- 
 form a voyage ; to sail. 
 
 NAVIGATION. [Lat. navigatio, from 
 navigare, q. v.] The act of navigating or 
 passing on water, in ships or other vessels. 
 Webster. 
 
 The management of ships or vessels. 
 
 3 Kent's Com. 169. 
 
 Commerce or intercourse by means of 
 shipping.* Marshall, C. J. 9 Wheaton's 
 H. 189 — 196. See the Passenger cases in 
 
 1 Howard's R. 283, et seq. 
 NAVIGATION ACT. In English law. 
 
 The celebrated statute of 12 Car. II. c. 18. 
 
 2 £1. Com. 419. Repealed by the statute 
 6 Geo. IV. cc. 109, 110, 114. 3 Steph. 
 Com. 2T2, 273. 
 
 NAVIL, JVavyl. L. Fr. No; not. 
 Yearb. P. 5 Edw. III. 5. P. 7 Edw. III. 
 10. T. 5 Edw. III. 34, 36. 
 
 NAVIRE. Fr. In French law. A 
 ship. Emeriq. Tr. des Ass. ch. 6, § 1. 
 
 NAVIS. Lat. [Gr. ,avs.] A ship; a 
 vessel. Dig. 21. 2. 44. Id. 47. 9. 
 
 NAVIS BONA. Lat. A good ship; 
 one that was staunch and strong, well 
 caulked, and stiffened to bear the sea, obe- 
 dient to her helm, swift, and not unduly 
 afiected by the wind. Calv. Lex. citing 
 Seneca, lib. 6, ep. 77. So, in modern bills 
 of lading and other mercantile papers, a 
 vessel is frequently termed "the good 
 
 NE. L. Lat. and Fr. Not. See infra. 
 The Lat. ne was used to express a negative 
 condition. Fleta, lib. 4, c. 16, § 6. 
 
 NE ADMITTAS. L. Lat. (That you 
 admit not.) In English practice. A writ 
 which lies for the plaintiff in a quare im- 
 pedit, where he suspects that the bishop 
 will admit the defendant's or any other 
 clerk, pending the suit; forbidding the 
 bishop to admit any clerk whatever till 
 such contention be determined. So called 
 from the initial words in the Latin forms : 
 Prohibemus vobis ne admittatis personam, 
 &c. Reg. Grig. 31. F. JV. B. 37, F. G. 
 3 Bl. Com. 248. Mr. Serjeant Stephen 
 
 supposes this writ to be now superseded. 
 3 Steph. Com. 661, note (q.) 
 
 NE BAILA (BAILLA) PAS. L. Fr. 
 (Did not deliver.) In old English prac- 
 tice. A plea in the action of detinue, de- 
 nying the delivery of the thing sued for. 
 Crabb's Hist. 424. Tearb. H. 6 Edw. U. 
 192 
 
 NE DISTURBA PAS. L. Fr. (Does 
 or did not disturb.) In English practice. 
 The general issue or general plea in quare 
 impedit. 3 Steph. Com. 663. Steph, PI. 
 156, 158. 3 Wooddes. Lect. 9. 
 
 NE DONA PAS. L. Fr. (Did not 
 give.) In old English practice. The gen- 
 eral issue or general plea, in the writ of 
 formedon. Crabb's Hist. 423. Yearb. 
 M. 3 Edw. IIL 29. P. 9 Edw. IIL 26. 
 
 NE EXEAT REGNO, (that he go not 
 out of the kingdom,) commonly called 
 NE EXEAT. L. Lat. In equity prac- 
 tice. A writ issuing out of chancery, for- 
 bidding the person or persons to whom it 
 is directed from leaving the kingdom or 
 state. It was formerly used in England 
 for state purposes, but has now become a 
 mere process between private parties in an 
 equity suit, and is used where one party 
 wishes to prevent the other from with- 
 drawing his person or property from the 
 jurisdiction of the court, by going abroad. 
 2 Steph. Com. 524, note. 3 DanielVs 
 Chanc. Pr. (Perkifls' ed.) 1925. 2 Story's 
 JEq. Jur. § 1464, et seq. See the original 
 forms, Reg. Brev. Appendix, 54, 55. 
 
 NE GIST PAS EN BOUCHE. L. Fr. 
 It does not lie in the mouth. A common 
 phrase in the old books. Yearb. M. 3 
 Edw. IL 50. 
 
 NE INJUSTE VEXES. L. Lat. (That 
 you do not unjustly vex.) In old English 
 practice. A prohibitory writ, (now abol- 
 ished,) founded on the tenth chapter of 
 Magna Charta, which lay for a tenant dis- 
 trained by his lord for more services than 
 he ought to perform, commanding the lord 
 that he do not distrain his tenant to do 
 other services than those which of right 
 he ought to do, or, in the words of the 
 writ, prohibiting him from vexing the ten- 
 ant concerning his freehold, &c. {Pro- 
 hibemus iibi ne injuste vexes, vel vexari 
 permittas W. de libera tenemento, &c.) 
 Reg. Grig. 4. F. N. B. 10, C. ¥. 3 Bl. 
 Com. 234. 
 
 NE QUID IN LOCO PUBLICO VEL 
 ITINERE FIAT. Lat. That nothing 
 shall be doncy (put or erected) in a public 
 
NE 
 
 (223) 
 
 NEC 
 
 place or way. The title of an interdict in 
 the Roman law. Diq. 43. 8. 
 
 NE RECIPIATUE. L. Lat. (That it 
 be not received.) In practice. A pro- 
 ceeding by which a party to an action at 
 law may prevent the other from doing 
 some act, such as filing a writ or record, 
 when it ' has not been done in due time. 
 See 1 Stra. 63. Bohun's Inst. Legalis, 
 39, 200. In American practice, it has 
 sometimes been adopted by a defendant, 
 to prevent the filing of the plaintiflf's trial 
 record. 1 Burr. Pr. 232. 
 
 NE UNQUES ACCOUPLE EN LOI- 
 ALL MATRIMONIE. L. Fr. (Never, 
 accoupled in lawful matrimony — ^never 
 lawfully married.) In pleading. A plea 
 by which the tenant in an action of dower, 
 un^e nil habet, might controvert the valid- 
 ity of the demandant's marriage with the 
 person out of whose lands she claimed 
 dower. Roscoe^s Real Act. 220. So called 
 from the words constituting the substance 
 of the plea, when orally delivered in 
 French. See Britt. c. 107. It seems to 
 have at one time been called the plea or 
 exception of concubinage. Id. ibid. Still 
 used in some of the United States, as on 
 petitions for the allotment of dower. 4 
 Florida R. 23. 
 
 NE UNQUES EXECUTOR (or AD- 
 MINISTRATOR.) L. Fr. (Never ex- 
 ecutor or administrator.) .In pleading. A 
 plea by which the defendant denies being 
 an executor or administrator. 2 Williams 
 on Exec. 1654. 2 Greenl. Ev. 8 344. 
 
 NE UNQUES RECEIVOUR. L. Fr. 
 (Never receiver.) In pleading. The gen- 
 eral plea in actions of account, denying 
 the fact of the defendant's being a re- 
 ceiver. . 2 Reeves^ Hist. 339. CrabVs 
 Hist. 424. 
 
 NE UNQUES SEISE QUE DOWER. 
 L. Fr. (Never seised of a dowable estate.) 
 In pleading. The general issue in the 
 action of dower unde nil habet, by which 
 the tenant denies that the demandant's 
 husband was ever seised of an estate of 
 which dower might be had. Roscoe^s Real 
 Act 219 ^20 
 
 NE VARIETUR. L. Lat. (That it 
 be not changed, or let it not be changed.) 
 A notarial phrase, the words of which are 
 sometimes written by notaries upon -bills 
 and notes, for the purpose of ascertaining 
 their identity ; but held to "be no restric- 
 tion upon their negotiability. 8 Whea- 
 ton's R.338. 
 
 "NEAR," in a penal law, construed 
 strictly, yet not equivalent to next. 1 W. 
 Bl. 20. " There must be a reasonable vi- 
 cinity, of which the court will judge." Id. 
 ibid. 
 
 NECE. L.Fr. A granddaughter. Britt. 
 c. 119. See Neveu. 
 
 NECESSARIES. In the law of infancy. 
 Such things and articles furnished to an 
 infant as are useful and suitable to his state 
 and condition in life, and not merely such 
 as are requisite for bare subsistence. 6 
 Mees. dk W. 42. 1 Man. d: Gr. 550. 5 
 Ad. & Ell. 606. See Macpherson on In- 
 fants, 498 — 510. Smith on Contracts, 201, 
 205, and notes. 2 Greenl. Evid. § 365. 
 The question what is, in the legal sense of 
 the word, necessary, is, in each case, to be 
 tried by a jury. Smith on Contracts, ub. 
 sup. 
 
 NECESSARIUS. Lat. Necessary; 
 unavoidable ; indispensable ; not admitting 
 of choice or the action of the will ; needful. 
 See Necessary. 
 
 NECESSARY, [from Lat. necessarius.'] 
 That must be ; that cannot be otherwise ; 
 indispensably requisite. Webster. 
 
 In a less strict sense,— needful ; requisite ; 
 incidental; useful or conducive to. Mr. 
 Hamilton's Argument on the Constitution- 
 ality of a National Bank. " It is a com- 
 mon mode of expression to say that it is 
 necessary for a government or a person to 
 do this or that thing, when nothing more 
 is intended or understood, than that the 
 interest of the government or person re- 
 quires, or will be promoted by the doing 
 of this or that thing." Id. ibid. The 
 word " necessary" does not always import 
 an absolute physical necessity, so strong, 
 that one thing, to which another may be 
 termed necessary, cannot exist without that 
 other. It frequently imports no more than 
 that one thing is convenient, or useful, or 
 essential to another. To employ the moans 
 necessary to an end, is generally understood 
 as employing any means calculated to pro- 
 duce the end, and not as being confined to 
 those single means without which the end 
 would be entirely unattainable. Marshall 
 C. J. 4 Wheaton's R. 316, 413. See 1 
 Kent's Com. 253, 254, note. " Necessary" 
 is an adjective possessing degrees, and does 
 not mean indispensable. . Dupont, J 6 
 Florida R. 29. And see 24 Connecticut 
 R. 338. 
 
 NECESSARY DOMICIL. That kind 
 of domicU which exists by operation of 
 
NEC 
 
 (224) 
 
 NEF 
 
 law, as distinguished from voluntary domi- 
 cil or domicil of choice. PhilUmore on 
 Domieil, 27 — 97. 
 
 NECESSARY INTROMISSION. In 
 Scotch law. That kind of intromission or 
 interference, where a husband or wife con- 
 tinues in possession of the other's goods 
 after their decease, for preservation. Whar- 
 ton's Lex. 
 
 NECESSITAS. Lat. Necessity; a 
 force, power or influence which compels 
 one to act against his wilL. Calv, Lex, 
 BrissoniuSi 
 
 Necessitas culpahilis ; culpable or blame- 
 able necessity. That kind of necessity 
 which excuses a man who kills another «« 
 defendendo. So called by Lord Bacon, to 
 distinguish it from the necessity of killing 
 a thief or malefactor. Bacon's Mem. c. 5. 
 4 Bl. Com. 187. 
 
 Necessitas est lex temporis et loci. Ne- 
 cessity is the law of time and of places 1 
 HaUsP. C.'Bi. 
 
 Necessitas facit licitum qaod alias nen est 
 licitnni. Necessity makes that lawful which 
 otherwise is not lawful. 10 Co. 61 a.. See 
 ftuod alias non fait, &c. 
 
 Necessitas inducit priTileginm qnoad jura 
 priyata. Necessity carries with it a privi- 
 lege as to private rights. Bacon's Max. 
 28, reg. 5. "The law chargeth no man 
 with default where the act is compulsory 
 and not voluntary, and where there is not 
 a consent and election ; and, therefore, if 
 either there be an impossibility for a man 
 to do otherwise, or so great a perturbation 
 of the judgment and reason as, in presump- 
 tion of law, man's nature cannot overcome, 
 such necessity carrieth a privilege in itself." 
 Id. ibid. Broom's Max. 6—11, [8, 14.] 
 But it is to be noted that necessity privi- 
 leges only quoad jura privata ; for in all 
 cases, if the act that should deliver a man 
 out of the necessity be against the com- 
 monwealth, necessity excuses not. Bac. 
 Max. 32. 
 
 Necessitas iudncit priTileginm qnod jure 
 privatur. lO Co. 61 a, The Bishop of 
 Salisbury's case. This seems to be a mis- 
 statement of the preceding maxim. Lord 
 Bacon being referred to as the authority. 
 
 Necessitas non liabet legem. Necessity has 
 no law. Plowd. 18 a. *' A common pro- 
 verb." Id. ibid. " Necessity shall be a 
 good excuse in our law, and in every other 
 law." Id. 
 
 Necessitas pnblica major est qnam prirata. 
 Public necessity is greater than private. 
 
 Bacmis Max. 37, in reg. 6. "Death," 
 observes Lord Bacon, in illustration of this 
 maxim, "is the last and farthest point of 
 particular necessity, and the law imposeth 
 it upon every subject, that he prefer the 
 urgent service of his prince and country 
 before the safety of his life." 
 
 Necessitas qnod cogit, defendit. Necessity 
 
 defends or justifies what it compels. 1 
 Hale's P. C. 54. Applied to the acts of a 
 sheriffi or ministeriail officer, in the execu- 
 tion of his office. Broom's Max, 7, 8, [10.] 
 See ftnod necessitas cogit, &c. 
 
 Necessitas snb lege non continetnr. Ne- 
 cessity is not embraced under any law. 2 
 Inst. 326. See Fleta, lib. 6, c. 23, § 14. 
 
 Necessitas Tineit (communem) legem. Ne- 
 cessity overcomes the [common] law. 5 
 Co. 40 b. Dormer's case. 
 
 NECESSITUDO. Lat. In the civil 
 law. An obligation ; a close connexion ; 
 relationship by blood. Calv. Lex. 
 
 NECESSITY. [Lat. necessitas.} Ir- 
 resistible power ; compulsive force, physi- 
 cal or moral. Webster. — The influence or 
 operation of superior power or irresistible 
 force ; the influence of a cause which can- 
 not be avoided nor controlled.* — A con- 
 straint upon the will, whereby a man is 
 urged to do that which his judgment dis- 
 approves, and which, it is to be presumed, 
 his will (if left to itself) would reject. It 
 is highly just and equitable, therefore, that 
 a man should be excused for those acts 
 which are done through unavoidable force 
 and compulson. 4 Bl, Com. 27. 
 
 NECK- VERSE. A cant term for the 
 verse which the ordinary gave a malefactor 
 who prayed his clergy, to read ; and by 
 reading which he escaped hanging. Fos- 
 ter's Crown Law, 206, c. 7. See Miserere, 
 Clergy. 
 
 "Letter nor line know I never a one, 
 Were't my neck-verse at Hairibee." 
 
 ScoWa Lay of tin Last Minstrel, canto i. 
 
 NEE, Ne. L. Fr. [from Lat. natus.] 
 Bom. Si ilfuit nee en vie ; if it was bom 
 alive. Britt. c. Bl. iVee 2)i/e ; born alive. 
 Litt. sect. 36. 
 
 "NEF, mef, Me/. L.Fr. New. Rel- 
 ham. 
 
 NEFAS. Lat. That which is against 
 right, or the divine law, {fas.) See Pas. 
 
 A-wicked or impious thing or act. Calv. 
 Lex, 
 
 NEFASTUB. Lat. [from ne, not, and 
 fastus, q. v.] In Roman law. A term 
 applied to a day on which it was unlawful 
 
NEa 
 
 (225 ) 
 
 NEG 
 
 to administer justice. Adam's Horn. Ant, 
 129, 200. 
 
 NEFE, iV«e/, JVaef. L. Fr. [from Lat. 
 navis.l A ship. iVe/e siglaunt; a vessel 
 sailing. Britt. c. 1. Nets ; ships. Kel- 
 ham. 
 
 NEGARE. Lat. To deny. Oalv. Lex. 
 See Pactum negantis, &c. 
 
 NEGATIF, Negatyf. L. Fr. A nega- 
 tive or denial ; a contrary or opposite al- 
 legation. Prover le negatyf. Britt. c. 98. 
 
 NEGATIO. Lat. [from negare, q. v.] 
 In civil and old English law. A negation, 
 or denial; a negative. Negatio COnclusionis 
 est error in lege. The denial of a conclu- 
 sion is error in law. Wingate's Max. 268, 
 max. 77. Applied to a conclusion in its 
 logical sense, as drawn from premises. 
 
 Negatio destruit negationem, et ambie fa- 
 Ciunt affirmationem, A negative destroys 
 a negative, and both make an affirmative. 
 Co. Litt. 146 b. Lord Coke cites this as 
 a rule of grammatical construction, not al- 
 ways applying in law. Id. ibid. 
 
 NEGATIVE. A denial ; a form or ex- 
 pression of denial ; a proposition by which 
 something is denied ; a statement in the 
 form or mode of denial. Two negatives 
 do not make a good issue. Steph. PL 
 386, 387. 
 
 NEGATIVE PREGNANT. In plead- 
 ing. A negative implying also an affirma- 
 tive. Cowell. — Such a form of negative 
 expression as may imply or carry within it 
 an affirmative. Steph. PI. 381. As if a 
 man be said to have aliened land in fee, and 
 he says he has not aliened in fee, this is a 
 negative pregnant, for though it be true 
 that he has not aliened in fee, yet it may 
 be that he has made an estate in tail. 
 Cowell. Dyer, 17 a. 
 
 A negative pregnant is considered as a 
 fault in pleading; and the reason why it is 
 so considered is, that the meaning of such 
 a form 6f expression is ambiguous. Mr. 
 Stephen gives the following example : "In 
 trespass for entering the plaintiff's house, 
 the defendant pleaded that the plaintiff's 
 daughter gave him license to do so, and 
 that he entered by that license. The plain- 
 tiff replied that he did not enter by her 
 license. This was considered as a negative 
 pregnant ; and it was held that the plaintiff 
 should have traversed the entry by itself, 
 or the license by itself, and* not both to- 
 gether. Cro. Jac. 87. It will be observed 
 that this traverse might imply or carry 
 within it, that a license was given, though 
 
 Vol. IL 15 
 
 the defendant did not enter by that license. 
 It is, therefore, in the language of plead- 
 ing, said to be pregnant with that admis- 
 sion, viz. that a license was given." Steph. 
 PI 381 
 
 NEGATIVE STATUTE. A statute 
 expressed in negative terms; a statute 
 which prohibits a thing from being done, 
 or declares what shall not be done. See 1 
 Bl. Com. 142. 
 
 NEGATUM. Lat. [from negare, q. v.] 
 Denied ; the opposite of concessum, (q. v.) 
 " Held by Dodridge, J. et nonfuit negatum, 
 that," &c. Latch, 149. 
 
 NEGLECT is used, in the law of bail- 
 ment, as synonymous with negligence, 
 (q. V.) Jones on Bailm. 9, 21, 118. But 
 the latter word is the closer translation of 
 the Lat. negligentia, (q. v.) 
 
 NEGLIGENCE, [from Lat. negligentia, 
 q. v.] The omission of care or diligence.* 
 — The want of ordinary diligence. Story 
 on Bailm. § 17. — The omission of that de- 
 gree of care which a man of common pru- 
 dence takes of his own concerns. 2 Steph. 
 Com. 131. This, according to Mr. Stephen, 
 answers to what Sir William Jones calls 
 ordinary neglect. Id. ibid. note. Jones on 
 Bailm. 118, 119. But see JVegligentia. 
 
 Negligence is commonly distinguished 
 as of three degrees, — slight, ordinary and 
 gross. But doubts have been expressed as 
 to the practical utility of this division. 
 See the opinion of Mr. Justice Curtis, 1 6 
 Howard's B. 469, 474. 
 
 NEGLIGENTIA. Lat. [from negligere, 
 to neglect.] In the civil law. Negligence, 
 want or omission of care or attention ; in- 
 attention. This term hardly seems to cor- 
 respond with what is called in English 
 simple negligence, since it took a high de- 
 gree of it to constitute culpa, or fault. 
 Magna negligentia culpa est. Big. 50. 16. 
 226. See Culpa. 
 
 Negligentia semper habet infortunium 
 eomitem. Negligence always has misfor- 
 tune for a companion. Co. Litt. 246 b. 
 Shep. Touch. 476. 
 
 NEGLIGENT ESCAPE. In practice. 
 An escape from an officer's custody with- 
 out his consent. 1 Arch. Pr. 85. An 
 escape through negligence or inattention 
 
 NEGOTIABILITY. In mercantile law. 
 Transferable quality. That quality of bills 
 of exchange and promissory notes, which 
 renders them transferable from one person 
 to another; and from possessing which, 
 they arc emphatically termed negotiable 
 
NEG 
 
 (226) 
 
 NEM 
 
 paper. 3 KenPs Com. 14, 11, 89, et seq. 
 See Story on Bills, § 60. 
 
 NEGOTIABLE. In mercantile law. 
 Transferable or assignable; transferable 
 by endorsement ; that may be negotiated 
 or transferred from one to another, so as to 
 pass a right of action. A term constantly 
 applied to bills of exchange, promissory 
 notes, and checks, ■which are made nego- 
 tiable by being made payable to order or 
 to bearer. See Negotiable instrument, Ne- 
 gotiable words. 
 
 NEGOTIABLE INSTRUMENT. Any 
 instrument, the right of action on which is, 
 (by exception from the common rule,) 
 freely assignable from man to man. 2 
 Steph. Com. 163. But see Story on Bills, 
 §62. 
 
 NEGOTIABLE WORDS. In mercan- 
 tile law. Words necessary to render a bill 
 of exchange, promissory note or check,' ne- 
 gotiable ; words which give a bill, note or 
 check a negotiable quality. The usual 
 word for this purpose in a bill or note, is 
 " order," and in a check, " bearer ;" as " to 
 A. B. or order ;" or, " to the order of A. 
 B. ;" " to A. B. or bearer,'\ or, " to bearer." 
 3 Kenfs Com. 11. Story on Bills, § 60. 
 See 3 ComstocKs B. 506. 
 
 NEGOTIARL Lat. [from negolium, 
 business.] To do or transact business ; to 
 trade or traffic ; to negotiate. 
 
 NEGOTIATE, [from Lat. negotiari, q. 
 v.] To pass from one to another in the 
 way of business, (negotium.) To negotiate 
 a bill or note, is to indorse and deliver it 
 to another. 
 
 NEGOTIORUM GE8TI0. Lat. In the 
 civil law. Literally, a doing of business or 
 businesses. A species of spontaneous 
 agency, or an interference by one in the 
 affairs of another, in his absence, from 
 benevolence or friendship, and without 
 authority. 2 Kenfs Com. 616, note. Inst. 
 3. 28. 1. Dig. 3. 5. ITeinecc. Mem. Jur. 
 Civ. lib. 3, tit. 28, § 969. The interven- 
 tion of a person, acting without authority 
 in transacting the affairs of another. 2 
 Duer on Ins. 138. 
 
 NEGOTIORUM GESTOR. Lat. In 
 the civil law. A manager of business. A 
 name given to one who assumed the care 
 of the affairs of another in his absence, 
 without authority or mandate, (gut nego- 
 tia absentis gessit — sine mandato alienis 
 negotiis gerendis se obtuUt.) Inst. 3. 28. 
 1. — A voluntary agent. 2 Duer on Ins. 
 134. — OiBe who spontaneously, and with- 
 
 out the knowledge or consent of the owner, 
 intermeddles with his property, as to do 
 work on it, or to carry it to another place, 
 &c. Story on Bailm. § 189. 
 
 NEGOTIUM. Lat. A thing; a matter, 
 business or affair; any thing that may 
 occupy a person, {illud quod nos habet 
 occupatos.) Calv. Lex. 
 
 Business; trade, (mercatura.) Id. 
 
 In the civil law. A suit ; a contract. Id. 
 
 Negotia, (plur.) matters or affairs. See 
 Negotiorum gestio. 
 
 NEIFE, Net/. [L. Lat. naiiva.] In old 
 English law. A female villein ; a woman 
 born in villeinage. 2 Bl. Com. 94. Per- 
 kins, ch. 5, s. 314. This is the proper 
 form of the .word, though it is also written 
 niefe by Coke and others. See Nie/e. 
 Neife de eu et trene ; a neife of water, and 
 whip of three cords; such a bondwoman 
 as was used to servile works and correc- 
 tion. Co. Litt. 26 b. See De eu et trene. 
 
 NEIFTY. In old English law. The 
 condition of a neife. Derived probably 
 from the Fr. naifte, (q. v.) . 
 
 NEIPCE. Sc. In old Scotch law. A 
 granddaughter. Skene de Verb. Sign. voc. 
 Uneya. 
 
 NEMBDA. Teut. In Swedish and 
 Gothic law. A jury. 3 Bl. Com. 349, 
 359. Barringt. Obs, Stat. 18, note [s.] 
 
 Neminem oportet esse sapientiorem legibns. 
 
 No man ought to be wiser than the laws. 
 Co. Litt. 91 h. No man (out of his own 
 private reason,) ought to be wiser than the 
 law, .which is the perfection of reason. 
 Id. ibid. 
 
 Nemo admittendus est inhabiMtate seipsam. 
 
 No man is to be admitted to incapacitate 
 himself. Jenk. Cent. 40, case; 77. No 
 man shall be received to avoid his deed, 
 by alleging that he was non compos mentis 
 at the making of it. Id. ibid. Tearb. 
 M. 6 Edw. m. 131. See 2 Kenfs Com. 
 451, and note. * 
 
 Nemo agit in seipsnm. No man acts 
 
 against himself. Jenk. Cent. 40, case 76. 
 A man cannot be a judge and a party in 
 his own cause. Id. ibid. No man can do 
 an act to himself. FincKsLaw, b. l, ch. 3, 
 n. 20. 
 
 Nemo alienee rei, sine satisdatione, defensor 
 
 idonens intelligitnr. No man is considered 
 a competent defender of another's property, 
 without secuiaty. A rule of the Roman 
 law, applied in part in admiralty cases. 1 
 Curtis' B. 202. 
 
 Nemo alieno nomine lege agere potest. No 
 
NEM 
 
 (22?) 
 
 NEM 
 
 man can sue in another's name. A maxim 
 of the civil law. Biff. 50. 17. 123. 
 
 Nemo allegang suam turpitadinem est an- 
 
 diendus, No one alleging his own base- 
 ness or infamy is to be heard (as a wit- 
 ness ;) no person is allowed to gire evidence 
 of his own baseness or wickedness. 4 Inst. 
 279. This maxim (which is derived from 
 the civil law,) is quoted in several of the 
 old English, cases, and has been recognised 
 in American law. Gibson, C. J. 6 Fenn. 
 St. (Barr's) B. 473, 474. Story J. 3 
 Story's R. 516, 514. But Mr. Best, after 
 an examination of the modern authorities, 
 comes to the conclusion that in England it 
 forms no part of the common laW of the 
 present day. Best on Evid. 412 — 416, 
 § 373, 374. 
 
 Nemo bis pnnitur pro eodem delicto. No 
 man is punished twice for the same offence. 
 4 Bl. Com. 315. 2 Hmwk. P. C. 377. 
 
 Nemo eogitur rem saam vendere, etiam 
 jnsto pretio. No man is compelled to sell 
 his own property, even for a just price. 
 4 Inst. 275. Applied to things saleable 
 in markets. 
 
 Nemo contra factum snnm venire potest. 
 No man can contravene or contradict his 
 own deed. 2 Inst. 66. The principle of 
 estoppel by deed. Best on Evid. 408, 
 §370. 
 
 Nemo dare potest qnod non habet. No 
 man can give that which he has not. 
 i?'toa, lib. 3, c. 15, § 8. ^ And. 92. ^i- 
 
 mo dat qui non liabet, Jenk. Oent.250. 
 
 Nemo de domo sua extrabi debet. No 
 man ought to be dragged from his own 
 house. Biff. 50. 17., 103. 
 
 Nemo debet bis puniri pro uno delicto. 
 No man ought to be punished twice for 
 one offence. 4 Co. 43 a. 11 Co. 59 b, 
 Foster's case. No man shall be placed 
 in peril of legal penalties more than once 
 upon the same accusation. Broom's Max. 
 138, [257.] 
 
 Nemo deoet bis vexari [si constet curiae 
 quod sit] pro una et eadem causa. No man 
 ought to be twice troubled or harassed [if 
 it appear to the court that it is] for one 
 and the same cause. 5 Co. 61 a. Sparry' s 
 case. No man can be sued a second time 
 for the same cause of action, if once judg- 
 ment has been rendered. See Broom's 
 Max. 135, [24:1.] No man can be held to 
 bail a second time at the suit of the same 
 plaintiff, for the same cause of action. 1 
 Chilt. Arch. Pr. 476. No man who has 
 once been indicted for an offence and ac- 
 
 quitted, can be afterwards indictedfor the 
 same offence, provided the first indictment 
 were such that he could have been lawfully 
 convicted upon it by proof of the facts con- 
 tained in the second indictment. Broom! s 
 Max. 137, [257.] 
 
 Nemo debet [potest] esse jndex in propria 
 cansa. No man ought to [can] be a judge 
 in his own cause. 12 Co. 114 a. Earl of 
 Berhy's case. A maxim derived from the 
 civil law. Cod. 3. 5. Called a funda- 
 mental rule of reason and of natural jus- 
 tice. Burr. Sett. Cos. 194, 197. 
 
 Nemo debet immiscere se rei ad se nibil 
 pertinenti, No one should intermeddle 
 with a thing that in no respect concerns 
 him. Jenk. Cent. 18, case 32. 
 
 Nemo debet locupletari aliena Jactura. 
 No one ought to be enriched by another's 
 loss. 2 Kent's Com. 336. 1 Kame^ 
 Equity, 331. 2 Id. 145, 204, 205. Oth^r 
 forms of this maxim are, Nemo debet loCU- 
 
 pletari ex alterius incommodo. Jenk. Cent. 
 4, case 5. Ncmo cx alterins detrimento fieri 
 
 debet locupletior. l Story's Eq. Jur.. 
 
 §558. Jure naturae squum est neminem 
 cum alterius detrimento et injuria fieri lo- 
 cnpletiorem. Big. 50. 17. 206. Id. 12. 
 6. 14. 
 
 Nemo debet rem suam sine facto ant de- 
 fectu suo amittere. No man ought to lose 
 his property without his own act or de- 
 fault. Co. Liit. 263 a. 
 
 Nemo dnobus iitatnr officiis. No man 
 should enjoy two offices (at the same time.) 
 \:.Inst. 100. A justice can take no other 
 ofiSce. Id. ibid. 
 
 Nemo est haeres viventis. No one is the 
 heir of a living person. Co. Litt. 8 a, 22 b. 
 No one can be heir during the life of his 
 ancestor. Broom's Max. 223, [393.] No 
 person can be the actual complete heir of 
 another, till the ancestor is previously 
 dead. 2 Bl. Com. 208. Jd 107, 170, 
 224. 4 Kent's Com. 212. 2 HilUard's 
 Real Prop. 540. 
 
 Nemo ex alterius facto praegravarl debet. 
 
 No man ought to be burdened in conse- 
 quence of another's act. 2 Kent's Com 
 646. 
 
 Nemo ex eonsilio obligatur. No man is 
 bound in consequence of his advice. Mere 
 advice will not create the obligation of a 
 mandate. Story on Bailm. § 155. 
 
 Nemo ex proprio dolo conseqnitur actionem. 
 No man acquires a right of action from 
 his own wrong. Broom's Max. [221.] 
 
 Nemo ex suo delicto meliorem suam condi- 
 
NEM 
 
 (228) 
 
 NEM 
 
 tionem lacere potest. No man can improve 
 his own condition by his own wrong. Dig. 
 50. 17. 134. 1. 
 
 Nemo inauditas condcmnaii debet si non 
 
 sit contumax. No man ought to be con- 
 demned without being heard, unless he be 
 contumacious. Jenk. Cent. 18, case 12, ib 
 marg. 
 
 Nemo in propria causa testis esse debet. 
 
 No one ought to be a witness in his own 
 cause. 3 Bl. Com. 371. 1 Id. 443, This 
 maxim has been greatly impaired in modem 
 law, by judicial decisions and statutory pro- 
 visions, both in England and the United 
 States. See Lord Denman's Act, 6 & 7 
 Vict. c. 85. Best on Evid. 159, § 125, et 
 seq. 1 Oreenl. Ev. § 329, et seq. Id. 
 §§ 383 — 386, et seq. 1 Phill. on Ev. 45, 
 60. 3 Id. Cowen and Hill's notes, 44 — 
 60. (Notes 34 — 37.) 24 Mississippi R. 
 528, 538, and cases cited tSirf. 
 
 Nemo militans Deo implicetnr secnlaribns 
 
 HegOtiis. No man who is warring for [in 
 the service of] God should be involved in 
 secular matters. Co. Litt. 70 b. A prin- 
 ciple of the old law, that men of religion 
 were not bound to go in person with the 
 ting to war. 
 
 Nemo patriam in qua natns est exnere, nee 
 ligeantisB dcbitum ejurare possit. No man 
 
 can renounce the country in which he was 
 born, nor abjure the obligation of his alle- 
 
 fiance. Co. Litt. 129 a. BroonCs Max. 
 52.] More briefly expressed. Nemo potest 
 eiuerc patriam, Fost. Cr. Law, 184. See 
 Natural allegiance. 
 
 Nemo pins commodi heredi suo relinqnit 
 pam ipse liabuit. No one leaves a greater 
 benefit to his heir than he had himself. 
 Dig. 50. 17. 120. 
 
 Nemo pins jnris ad [in] alinm transferre 
 potest quam ipse liabet, [haberet.] No one 
 can transfer more right to another than he 
 has himself. Dig. 50. 17. 54. See Id. 
 50. 17. 175. 1. This maxim of the civil 
 law has been adopted in the common law, 
 and constitutes a leading principle of the 
 alienation of property, both real and per- 
 sonal. 1 Wooddes. Led. Introd. Lect. 5, 
 kxi. note. 5 Co. 113. Co. Litt. 309 b. 
 Wingate's Max. 56. Broom's Max. [354.] 
 2 Xenrs Com. 324. 4 Id. 10. Story on 
 Bailm. §§328, 340. Called by Mr. Justice 
 Thompson, "a plain dictate of common 
 sense." 10 Peters' R. 161, 175. Other- 
 wise expressed. Nemo potest pins jnris ad 
 aliim transferre qnam ipse liabet. Co.'Litt. 
 309 b. 
 
 Nemo potest contra recordnm verifieare 
 
 per patriam. No one can verify by the 
 country, against a record. 2 Inst. 380. 
 The issue upon matter of record cannot be 
 to the country. A maxim of old practice. 
 
 Nemo potest esse dominns et liasres. No 
 
 man can be both owner and heir. Hale's 
 Hist Com. Law, c. 7. Nemo ejnsdem tene- 
 menti simnl potest esse Iixrcs et dominns. 
 
 1 Reeves' Hist. Eng. Law, 106.. 
 
 Nemo potest esse tenens et dominns. No 
 
 man can be both tenant and lord (of the 
 same tenement.) Gilb. Ten. 142. See 
 
 Nnllns esse, &c. 
 Nemo potest facere per alinm qnod per se 
 
 non potest. No one can do that by another, 
 which he cannot do of himself. Jenk. Cent. 
 237, case 14. A rule said to hold in origi- 
 nal grants, but not in descents ; as where 
 an oflSce descended to a woman, in which 
 case, though she cpuld not exercise the 
 office in person, she might by deputy. Id. 
 ibid. 
 
 Nemo potest facere per obliqnnm qnod non 
 potest facere per directnm. No man can do 
 that indirectly, which he cannot do direct- 
 ly. 1 Eden, 512. 
 
 Nemo potest mntare consilinm sunm in 
 alterins injnriam. No man can change his 
 purpose to another's injury. Dig. 50. 17. 
 75. Broom's Max. [29.] 
 
 Nemo prxsnmitnr alienam posteritatem 
 sn$ prxtulisse. No man is presumed to 
 have preferred another's posterity to his 
 own. Wingat^s Max. 285, max. 79. 
 
 Nemo prxsumitnr esse immemor ms, eetcr- 
 nx salntis, ct maxime in articnlo mortis. 
 No man is presumed to be unmindful of 
 his eternal welfare, and especially when at 
 the point of death. 6 Co. 76 a, Sir George 
 Curson's case. A party doing an act in 
 contemplation of death, is presumed to act 
 under a proper sense of the solemnity of 
 his situation ; that is, with sincerity of pur- 
 pose.* No collusion can be averred upon 
 a will. 6 Co. uh. sup. 
 
 Nemo proliibetnr plnres negotiationes sive 
 
 artes CXercere. No one is prohibited from 
 following several kinds of business or several 
 arts. 11 Co. 54 a, Ipswich Tailors' case. 
 The common law doth not prohibit any 
 person from using several arts or mysteries 
 at his pleasure. Id. ibid. 
 
 Nemo probibetnr plnribus defensionibns 
 
 nti. No one is prohibited from making 
 use of several defences. Co. Litt. 304 a. 
 Wingate's Max. 479, max. 120. Hence 
 the allowance of several pleas on the part 
 
NEM 
 
 (229 ) 
 
 NEU 
 
 of a defendant. Id. ibid. This rule is 
 derived from that of the civil law, Nemo 
 prohibetur pinribus exceptionibns uti, qnam- 
 vis diversffi sint. Dig. 44. l. 8. 
 
 Nemo prudens punit ut praeterlta revocen- 
 tur, sed ut futura prsETeniantur. No wise 
 man punishes in order that past things may 
 be recalled, but that future wrongs may be 
 prevented. 3 Bulstr. 173. 
 
 Nemo punitur pro alieno delicto. No man 
 
 is punished for the crime'of another. Win- 
 gate's Max. 336, max. 87. 
 
 Nemo pnnitur sine injuria, facto sen de- 
 falta. No one is punished unless for some 
 wrong, act or default. 2 Inst. 287. 
 
 Nemo tenetur ad impossiblle. No man 
 is bound to do an impossibility. Jenk. 
 Cent. 7, case 10. Held, on this ground, 
 that when the king's command to the 
 judges was contrary to law, it ought not to 
 be obeyed. Id. ibid. 
 
 Nemo tenetur armare adversarium suum 
 contra se. No man is bound to arm his 
 adversary against himself; (as to furnish 
 him with an instrument to enable him to 
 state his cause of action.) Bract, fol. 34. 
 An observation of Bracton, which Britton 
 (c. 39,) has rendered in French, Nnl n'est 
 
 tenu de armer son adrersarie, and which has 
 
 passed into a maxim of the common law, 
 though its strictness has been much -re- 
 laxed in modem practice. Co. Litt. 36 a. 
 Wingate's Max. 665, max. l7l. Best on 
 Evid. 487, § 442. 
 
 Nemo tenetur divinare. No man is bound 
 lo divine, or to have foreknowledge of a 
 future event. 10 Co. 55 a. 4 Id. 28. 
 
 Nemo tenetur edere instrumenta contra se, 
 No man is bound to produce writings aga,inst 
 himself. A rule of the Roman law, adhered 
 to in criminal prosecutions, but departed 
 from in civil questions. BelVs Diet. 
 
 Nemo tenetur informare pi nescit, sed 
 quisquis scire quod informal. No one is 
 bound to give information on a subject of 
 which he is ignorant, but every one is 
 bound to know that which he gives infor- 
 mation about. BrancKs Princ. 
 
 Nemo tenetur jurare in suam turpitudi- 
 nem. No one is bound to swear to the fact 
 of his own criminality; no one can be 
 forced to give his own oath in evidence 
 of his guilt. BelTs Diet. See Crimi- 
 nate. 
 
 Nemo tenetur seipsum infortunils et peri- 
 cnlis exponere. No one is bound to ex- 
 pose himself to misfortunes and dangers. 
 Co. Litt. 253 b. Hence a threat of bodily 
 
 harm will excuse the performance of an act 
 in law. Id. ibid. 
 
 Nemo tenetur seipsum accusare. No one 
 is bound to accuse himself. Wingate's 
 
 Max. 486. 1 Bl. Com. 443. Nemo tene- 
 tur prodere seipsum. No man is bound 
 to betray himself. 1 Oreenl. Ev. § 224. 
 
 Nemo Tidetur fraudare cos qui sciunt et 
 COnsentiunt, No one seems [is supposed] 
 to defraud those who know and assent [to 
 his acts.] Dig. 20. 17. 145. 
 
 NEMY, Nemi. L. Fr. Not. Nemy 
 come heire ; not as heir. Litt. sect. 3. 
 
 NEPHEW, [from L. Fr. neveu, (q. v.) 
 and so pronounced, according to the Eng- 
 lish authorities.] A brother's or sister's 
 son. " All my nephews and nieces," in a 
 bequest, held to include nephews and 
 nieces of the half blood as well as of the 
 whole blood. 2 Jones' Eq. R. 202. 
 
 In old English law. A grandson. (Lat. 
 nepos, Fr. neveu, qq. v.) 
 
 NEPORQUANT. L. Fr. Neverthe- 
 less. Fet Assaver, § 46. 
 
 NEPOS. Lat. In the civil law. A 
 grandson. Supra, avus, avia ; infra, 
 nepos, neptis ; above, grandfather, grand- 
 mother; below, grandson, granddaughter. 
 Inst. 3. 6. 1. Bracton uses nepos in the 
 same sense. Bract, fol. 67, 68. In Brit- 
 ton it is rendered neveu, (q. v.) Britt. c. 
 119. The old Scotch nepuoy (q. v.) is 
 probably derived from nepos. 
 
 NEPTIS. Lat. In the civU law. A 
 granddaughter. Inst. 3. 6. 1. Bracton 
 uses the word in the same sense. Bract. 
 fol. 67, 68. In Britton, it is rendered nece. 
 Britt. c. 119. In old Scotch law, the 
 equivalent word was neipce, (q. v.) 
 
 NEPUOY. O. Sc. In Scotch law. 
 A grandson. Skene de Verb. Sign. voc. 
 Eneya. 
 
 NEQUITER. Lat. In old English law. 
 Wickedly. Fleta, lib. 1, c. 31, §§ 6, 7, 8. 
 
 NESCIENCE, [from Lat. jiescM-e.] Ig- 
 norance. 6 Mod. 286. 
 
 NETHER. O. Eng. Under; lower. 
 Nether-vert ; underwood. See Vert. " Ne- 
 ther" and "over" are used in the old 
 books as distinctions of. places. See 
 Yearb. M. 9 Edw. IIL 56. 
 
 NEUTRAL. [Latl neutralis, from neuter, 
 neither.] In international law. On neither 
 side; taking neither side; belonging to 
 neither side ; indifferent between contending 
 parties. A neutral nation or power is one 
 that takes no part in a contest going on 
 between others, who are called belligerents.* 
 
NEW 
 
 (230) 
 
 NEW 
 
 1 KenVs Com. lis, SeeWheat. Int. Law, 
 480. 
 
 NEUTEALITY". In international law. 
 A state of being neutral, or on neither side; 
 a state of indifference between contending 
 parties. 1 Kenfs Com. 114. United 
 States Digest, Neutrality. 
 
 NEVER INDEBTED. [L. Lat. nun- 
 quam indehitatusi\ In Englisli practice. 
 A form of plea in actions of debt on simple 
 contract, substituted by the late Pleading 
 Bules in place of the plea of nil debet, (q. v.) 
 Reg. mi. T. 4 Will. IV. ~Ste]ph. PI. 156. 
 The substance of it is that the defendant 
 " never was indebted in manner and form as 
 in the declaration alleged." Id. ibid. It 
 is made the proper form of plea in cases 
 where the defendant means to deny, in 
 point of fact, the existence of any express 
 contract to the effect alleged in the de- 
 claration, or to deny the matters of fact 
 from which such contract would, by law, 
 be implied. Wharton's Lex. 
 
 NEVEU. L. Fr. In old English law. 
 A grandson. Desouth le pleintife (says 
 Britton, describing a figure or diagram 
 illustrative of the degrees of succession,) 
 soit mis unfitz ou file, et eeluy face le pri- 
 mer degree avalaunt ; et desouth soit mis 
 on neveu ou nece, et celuy face le second 
 degree ; under the plaintiff let there be put 
 a son or daughter, and this makes the first 
 degree descending, and under [the son or 
 daughter,] let there be put a grandson or 
 granddaughter, and this makes the second 
 degree. Britt. c. 119. 
 
 Neveu is undoubtedly the original form 
 of the modem nephew, though the latter 
 word is now exclusively used to denote a 
 brother's or sister's son. 
 
 NEW ASSIGNMENT. [L. Fr. novel 
 assignment.'] In pleading. A species of 
 pleading on the part of a plaintiff, (most 
 commonly occurring in actions of tres- 
 pass,) sometimes termed a replication, 
 (from its following the defendant's plea,) 
 but which is, in fact, a re-statement of the 
 cause of action alleged in the declaration, 
 in a more minute and circumstantial man- 
 ner, being in the nature of a new or re- 
 peated declaration. Its necessity arises 
 from the very general mode of declaring 
 allowed in such actions, in consequence of 
 which, the defendant is sometimes led to 
 apply his plea to a different matter from 
 that which the plaintiff had in view ; or, 
 in other words, to plead an evasive plea. 
 Steph. PI. 220—228. 1 Chitt. PI. 624. 
 
 NEW FOE OLD. A term in the law 
 of insurance, applied to a deduction made 
 in the adjustment of losses. In the case 
 of a partial loss, the rule is to apply the 
 old materials towards the payment of the 
 new, by deducting the value of them from 
 the gross amount of the expenses for the 
 repairs, and to allow the deduction of 
 one-third new for old upon the balance. 
 3 Kent's Com. 339. Stevens d: Beneche 
 on Average, 374. • 
 
 NEW STATUTES. See Nova statuta. 
 
 NEW trial; In practice. A second 
 (and, in some cases, a third) trial of a 
 cause, granted by the court, on motion of 
 the party dissatisfied with the result of the 
 previous trial, upon a proper case being 
 presented for the purpose.* A rehearing 
 of the cause before another jury. 3 Bl. 
 Com. 391. 
 
 New trials are granted on the ground 
 either of irregularity, such as want of no- 
 tice of trial ; misconduct of the prevailing 
 party or of the jury, during the trial ; or 
 on the merits of the cause itself; as where 
 the jury have given a verdict against law 
 or without evidence, or contrary to evi- 
 dence, or have given exorbitant damages, 
 or where the judge has erred in allowing 
 or refusing evidence, or has misdirected 
 the jury, or where a new and material fact 
 has come to light since the previous trial 
 See 3 Bl. Com. 387, 392. 3 Steph. Com. 
 624—627. SUph. PI. 94, 95. 1 Burr. 
 Pr. 468. United States Digest, New trial. 
 
 NEW WORK. [La.t. novum opus; Fr. 
 nouvel oeuvre.l In the civil law. An edi- 
 fice or other work newly commenced on 
 any ground whatever. Civil Code of 
 Louis, art. 852. 
 
 NEWSPAPER. A paper or publica- 
 tion conveying news or intelligence. 
 
 A printed publication, issued in num- 
 bers at stated intervals, conveying intelli- 
 gence of passing events. 
 
 The term newspaper is popularly appli- 
 ed only to such publications as are issued 
 in a single sheet, and at short intervals, as 
 daily or weekly. It is not, however, the 
 form,, so much as the subject matter of a 
 publication which seems properly to con- 
 stitute it, in law, a newspaper. Hence 
 publications consisting of more than one 
 sheet, and issued in pamphlet form, at 
 longer intervals, may, if principally, or in 
 great part, devoted to the transmission of 
 news, be considered, for certain purposes, 
 as newspapers. 
 
NIE 
 
 (231) 
 
 NIH 
 
 NEXI. Lat. [plur. of nexus, from nee- 
 tere, to bind.] In the Roman law. Bound ; 
 bound persons. A term applied to such in- 
 solvent debtors as were delivered up to 
 their creditors, by whom they might be 
 held in bondage until their debts were dis- 
 charged. Calv. Lex. AdarrCi Rom. Ant. 
 49. 
 
 NEXT FRIEND. [L. Fr. prockein 
 ami J L. Lat. proximus amicus^ In prac- 
 tice. A person, usually a near relative, 
 by whom an infant sues at law or in equi- 
 ty. 1 Tidd's Pr. 99. 1 BanielVs Ch. 
 Fr. 88—105. 
 
 NEXT OF KIN. [L. Fr. prockein du 
 saunh.l Nearest of blood. A term ap- 
 plied, in the law of descent and distribu- 
 tion, to the nearest blood relatives of a 
 deceased person, though it is sometimes 
 construed to mean only those who are en- 
 titled to take under the statute of distribu- 
 tions, and sometimes to include other per- 
 sons. 2 Story's Eq. Jur. § 1065 b. See 
 2 Jarman on Wills, 37, (28, Perkins' ed.) 
 Nearness of kin is computed by the rule 
 of the civil law, according to which, the 
 father and son of the deceased stand in 
 the first degree, the grandfather, grandson 
 and brother in the second, the uncle and 
 nephew in the third, cousins in the fourth, 
 (fee. ; the deceased himself being the point 
 or terminus from which the computation 
 is made. 2 Kenfs Com: 422. 4 Id. 412, 
 et seq. See Kin. ^/ 7^^ | ^ 7 
 
 NICHIL. An old form'of nihil, (q. v.) 
 
 NICHOL. An old way of writing Lin- 
 coln. Yearb. H. 4 Hen. VL 1. 
 
 NIEFE, mef. L. Fr. [L. Lat. nativa.'] 
 In old English law. A female villein. 
 I'eme que est villein est appel niefe. Litt. 
 sect. 186. A woman born in vassalage. 
 Barr. Obs. Stat. 238, note [*.] But the 
 proper form of the word seems to be 
 nei/e, (q. v.) 
 
 NIEF. L. Fr. [Lat. mam.] In old 
 English law. A ship. Yearb. H. 6 Edw. 
 m. 15. 
 
 NIENT. L. Fr. Not; nothing. JVient 
 contristeant ; nient obstant ; notwithstand- 
 ing. Litt. sect. 396. Nient le meins ; 
 nevertheless. Kelham. 
 
 NIENT CULPABLE. L. Fr. [Lat. 
 non culpabilis.l In pleading. Not guilty. 
 The old French name for the general issue 
 of not guilty. 
 
 NIENT DEDIRE. L. Fr. In old prac- 
 tice. To deny nothing ; to suffer judg- 
 ment by default. Cowell. 
 
 The name given to that clause in a sug- 
 gestion, in which it is stated that the fact 
 suggested is not denied. 1 Tidd's Pr. 
 606. 2 Id. 723. 
 
 NIENT LE FAIT. L. Fr. [L. Lat. wm 
 est factum.'] In pleading. Not the deed. 
 Yearb. H. 11 Hen. VI. 21. The name 
 formerly given to the general issue of non 
 est factum. Crabb's Hist. JEnp. Law, 213, 
 423. 2 Beeves' Hist. 331. Nient nostre 
 fait; not our deed. Yearb. T. 1 Edw. IL 
 18. Nient son fait ; not his deed. H. 3 
 Hen. VI. 35. M. 21 Hen. VL 9. 
 
 NIENT SEISL L. Fr. In old plead- 
 ing. Not seised. The general plea in the 
 writ of annuity. Crabb's Hist. 424. 
 
 NIGHT. [L. Fr. nuyt ; Lat. nox.] In 
 the common law of burglary. That por- 
 tion of time during which it is so dark 
 (from the absence of daylight) that the 
 countenance of a man cannot be discerned. 
 1 Hale's P. C. 350. 4 £1. Com. 224. See 
 Burglary. In this sense, night is distin- 
 guished from day, as a separate portion of 
 time ; but in the general sense, the night 
 constitutes a part of the day. See Day. 
 Night-time has always been an essential 
 circumstance in the English law of bur- 
 glary. Tempus discemit prcedonem a bur- 
 gatore. Fleta, lib. 1, c. 16, § 6. 
 
 By the English statutes 7 Will. IV. and 
 1 Vict. c. 86, s. 4, it is declared that ag 
 regards the offence of burglary, the night 
 shall be considered as commencing at nine 
 in the evening, and concluding- at six in 
 the morning of the next day. 4 Steph. 
 Com. 147. 
 
 NIHIL, Nichil, Nil. Lat. Nothing. 
 See Nil. 
 
 In practice. A return made by a sheriff \ 
 to a writ of scire facias, that the bail or 
 defendants have nothing (nihil habent) by 
 which he can make known to them. 2 
 Tidd's Pr. 1124. 
 
 A return formerly made to process of 
 attachment and distringas to compel the 
 appearance of a defendant. 3 Bl. Com. 
 282. 
 
 - A return or answer formerly made by a 
 sheriff, on being apposed (that is, interro- 
 gated,) in the Exchequer concerning illevi- 
 able debts, that they were worth nothing. 
 Cowell. 
 
 In American law. A return to an at- 
 tachment in garnishee process. 4 Pmn. 
 St. (^Barr's) B. 232. 
 
 Nihil consensui tam contrarinm est qnam 
 vis atque metus. Nothing is so contrary 
 
NIH 
 
 (232) 
 
 Nffl 
 
 to consent as force and fear. Big. 50. 17. 
 116. 
 
 Nihil dictnm qnod non dictnm prins. 
 
 Nothing is said ■which was not said before. 
 Said of a case where former arguments 
 were repeated. Hardr. 464. 
 
 Nihil est magis rationi conscntaneum 
 qnam eodem modo podque dissolvere quo 
 conflatnm est. Nothing is more consonant 
 to reason, than that a thing should be dis- 
 solved or discharged in the same way in 
 which it was created. Shep. Touch. 323. 
 As that the discharge of a debt or duty 
 created by writing (or deed,) should be 
 by writing (or deed) also. Id. ibid. See 
 
 Nihil tarn conreniens, &c. 
 
 Nihil facit error nominis, cum de corpore 
 constat. An error of name worts no pre- 
 judice, where it is clear as to the body [or 
 subject matter intended.] Big. 18. 1. 9. 1. 
 This maxim of the civil law has been 
 adopted in the common law, corpus being 
 taken in the sense of a corporate body. 
 11 Co. 21 a, Br. Ayray's case. A misno- 
 mer in a grant to a corporation does not 
 avoid the grant, though the right name of 
 the corporation be not used, provided the 
 corporation really intended be made appa- 
 rent. 2 Kenfs Com. 292. Sometimes, 
 the maxim is more generally applied, and 
 in place of the word COrpore, the words 
 persona or re are used: Shep. Touch, (by 
 •Preston,) 236, 247. In the original text of 
 the Digests, corpus is taken in the sense of 
 subject matter. 
 
 Nihil in lege intolerahilins est fquam] 
 eandem rem diverso jure censeri. Nothing 
 is more intolerable in law, than that the 
 same matter, thing or case, should be 
 subject to different views of law. 4 Co. 
 93 a, Blade's case. Applied to the differ- 
 ence of opinion entertained by different 
 courts, as to the law of a particular case. 
 Id. ibid. 
 
 Nihil magis jnstnm est qnam quod neees- 
 sariom est. Nothing is more just than that 
 which is necessary. Bav. It. 12. Branch! s 
 Princ. 
 
 Nihil neqnam est praesnmendnm. No- 
 thing wicked is to be presumed. 2 P. 
 Wms. 583. 
 
 Nihil perfectnm est dam aliqnid restat 
 agendum. Nothing is perfect, while any 
 thing remains to be done. 9 Co. 9 b, 
 Bowman's case. 
 
 Nihil peli potest ante id tempus quo per 
 reruffl naturam persolvi possit. Nothing 
 can be demanded before the time when, by 
 
 the nature of things, it can be paid. Big. 
 50. 17. 186, 
 
 Nihil possumus contra veritatem. "We 
 can do. nothing against truth. Boot, tfc 
 Stvd. dial. 2, c. 6. 
 
 Nihil qnod est contra rationcm est licitum. 
 
 Nothing that is against reason is lawful, 
 Co. Liu. 97 b. 
 
 Nihil quod est incouTeniens est licitnm. 
 Nothing that is inconvenient is lawful. Co, 
 Litt. 66 a, 97 b. A maxim very frequently 
 quoted by Lord Coke, but to be taken 
 in modem law with some qualification. 
 Broom's Max. 84 — 86, [140.] 
 
 Nihil tam naturale est, quam eo genere 
 quidqne dissolTere quo colligatnm est. 
 Nothing is so natural as to dissolve a thing 
 by the same kind of means, by which it 
 was bound together. Big. 50. 17. 35. 
 See Id. 153. This maxim of the civil law 
 is otherwise expressed by Bracton, Nihil 
 tam conreniens est naturali ^eqnitati, quam 
 nnamqnodque dissolvi eo ligamine quo liga- 
 tum est, (Nothing is so consonant to 
 natural justice, as that every thing should 
 be dissolved by the same kind of tie with 
 which it is bound ;) and applied to the 
 dissolution of the connection of hom^e by 
 the same mutual consent by which it was 
 created. Bract, fol. 78 b. The maxim in 
 the latter form is constantly quoted by Lord 
 Coke, and has been extensively adopted in 
 the common law. 2 Inst. 369, 360. Every 
 contract or agreement ought to be dis- 
 solved by matter of as high a nature as the 
 first deed, or as that which first made it 
 obligatory. 5 Co. 26 a, Countess of Rut- 
 land's case. 2 Id. 53 a. 4 Id. 57 b. 
 Shep. Touch. 396. Broom's Max. 407, 
 [681.] Best on Evid. 250, § 206. It does 
 not apply, however, to the dissolution of 
 the contract of partnership. Story on 
 Partn. § 271. Other forms of this maxim 
 occur in the books. Nihil est tam naturale 
 qnam quidlibet dissolri eo modo quo ligatur. 
 (Nothing is so natural as that a thing 
 should be dissolved in the same way in 
 which it was created ;) contract by con- 
 tract, deed by deed, record by record. 
 Jenk. Cent. 166, case 20. ftuomodo quid 
 
 constitnitur, eodem modo dissolTctur. Id. 
 
 74, case 40. 
 
 Nihil tam conTeniens est naturali eequi- 
 tati, qnam roluntatem domini volentis rem 
 suam in alium transferre, ratam haberi. 
 
 Nothing is so agreeable to natural equity, 
 as that the will or intention of an owner 
 desiring to transfer Ms property to another, 
 
NIL 
 
 (233) 
 
 NIS 
 
 sliould be ratified or confirmed. Inst. 2. 
 1. 40. Dig. 41. 1. 9. 3. This civil law 
 maxim is quoted by Bracton, and from the 
 latter writer by Lord Coke. 1 Co. 100 a, 
 Shelley's case. 
 
 Mbil tarn proprium imperio qnam legibus 
 
 Vivcrc. Nothing is so becoming to au- 
 thority, as to live in accordance with the 
 laws. Fleta, lib. 1, c. 17, § 11. 
 
 NIL, (a contraction of NIHIL.) Lat. 
 Nothing. I^il sine prudenti fecit ratione 
 vetustas ; antiquity did nothing without a 
 good reason. Oo. Litt. 65. See Nihil. 
 
 Nil teraere novandum. Nothing should 
 be rashly changed. Jenk. Cent. 163, case 
 9. No innovation should' be rashly intro- 
 duced. 
 
 NIL CAPIAT, (or, QUOD NIL CA- 
 PIAT, that he take nothing.) L. Lat. 
 In practice. A name given to the judg- 
 ment for the defendant in an action at 
 law, where the issue has arisen on a plead- 
 ing in bar. So called from the emphatic 
 words of 'the entry of judgment in the old 
 form : Ideo consideratum est: quod prce- 
 dictus — NIL CAPIAT per breve sed quod sit 
 in misericordia, &a. Literally translated 
 in the modern precedents : " Therefore it 
 is considered that the said (plaintiff) take 
 nothing by his writ (bill or declaration,) 
 but that he be in mercy," &c. Arch. 
 Forms, 129. 
 
 NIL DEBET. L. Lat. (He owes no- 
 thing.) In pleading. The name of the 
 general issue in an action of debt on sim- 
 ple contract. 3 Bl. Com. 305. 1 Burr. 
 Pr. 167. See 1 Eents Com. 260, 261. 
 So called from the emphatic words of the 
 plea when framed in Latin : Et dicit quod 
 ipse NON DEBET prcefato — prad. 201. nee 
 aliquem inde denariuni, &a. (And says 
 that he does not owe the said — the afore- 
 said 20^. nor any penny thereof.) Towns. 
 PI. 483. Nil debent ; they owe nothing. 
 10 East, 366. 
 
 In England, the plea of nil debet is not 
 now allowed in any action. Reg. G'era. Hil. 
 T. 4 Will. IV. See Never indebted. 
 
 NIL (or NIHIL) DICIT. L. Lat. 
 (Says nothing,) In practice, A name 
 given to the judgment entered on the de- 
 fault of a defendant to plead to the plain- 
 tiff's declaration. 3 Bl. Com. 397. 1 
 Tidd's Pr. 662. So termed from the 
 emphatic words of the ancient entry on the 
 record: Et prmdictus—venit et defendit, 
 <fec. et NIHIL in barram sive prceclusionem 
 actionis prcedicti — dicit, per quod, &c. 
 
 Towns. PI. 432. Literally translated in 
 the modern precedents, "And the said 
 (defendant) — comes and defends, &c. and 
 says nothing in bar or preclusion of the 
 action of the said (plaintiff) whereby," &c. 
 Arch. Forms, 336. 
 
 NIL HABTJIT IN TENEMENTIS. 
 L. Lat. (He had nothing in the tenements.) 
 In old pleading. A plea in an action of 
 debt upon a lease. 2 Ld. Baym, 1164. 
 
 limia subtilitas in jure reprobatnr. Ex- 
 cessive subtlety is reprobated in law. 4 
 Co. 6 b, Vemon^s case. Wingate's Max. 
 26. Broom's Max. [141.] The law dis- 
 countenances curious and nice exceptions, 
 tending to the overthrow or delay of justice. 
 See Apices juris noD sunt jura. 
 
 NIMIS. Lat. Too much; too. 
 
 NISI. Lat. Unless^ Nisi convenis- 
 sent in manum viri ; unless they should 
 come into the power of a husband ; unless 
 they should marry. A phrase applied in 
 Eoman law to women, who were subject to 
 perpetual guardianship until married. 1 
 Bl. Com. 464. See Hule nisi. 
 
 NISI PRIUS. L. Lat. (Unless before, 
 or unless sooner.) In practice. A com- 
 mon law phrase of high antiquity, unmean- 
 ing 'in its literal translation as at present 
 applied, but of great significance in prac- 
 tice, and equally familiar to the jurispru- 
 dence of England and the United States ; 
 being constantly used to denote the system . 
 of trial of issues .of fact, in civil cases, be- 
 fore a jury, as distinguished from the argu- 
 ment of issues and questions of law before 
 the court in bench: Originally consisting 
 merely of two ordinary words in a writ 
 and record, it came to be used, from its 
 convenience, as the name of the writ by 
 virtue. of which an issue of fact was tried, 
 of the record used for the trial, of the court 
 in which the trial was had, of the jury, 
 of the trial itself, and finally of the whole 
 system of trial, as already described. 
 
 *^* The origin of this important phrase 
 may be explained as follows : Originally, 
 an action was triable only in the court 
 where it was brought, and there the parties 
 and the jurors were always summoned to 
 appear. But it was provided by Magna 
 Charta, in ease of the subject, that assises 
 of novel disseisin and mort d'ancesior, 
 (which were the most common remedies of 
 that day) should thenceforward, instead of 
 being tried at Westminster, in the supe- 
 rior cpurt, be .taken in their proper coun- 
 ties, and for this purpose justices were to 
 
NIS 
 
 (234) 
 
 NIS 
 
 be seDt into every county, once a year, to 
 take these assises there. 1 fieevea' Hist. 
 Eng. Law, 246. These justices, it may be 
 observed, continued to be called in Brac- 
 ton's time by their original name of justi- 
 ces itinerant or in eyre, their court being 
 also termed, as before, the eyre or iter. 
 Bract, fol. 109, 110. The system of local 
 trials, being found convenient, was soon 
 applied not only to assises but to other ac- 
 tions, but, in consequence of the uncer- 
 tainty which at that early period was found 
 to attend the holding of the local courts, 
 eyres or assises, (or, in Bracton's words, 
 quia bene poterit iter multiplidter impediri, 
 revocari vel suspendi,) the practice was con- 
 tinued of summoning the parties to appear 
 as before in the superior court, at a certain 
 day, or in the language of the record, giv- 
 ing them a day in the bench, (in banco,) 
 UNLESS BEFORE (that day,) the justices 
 itinerant should come to the places desig- 
 nated for the tria],. (tsibi justitiarii itine- 
 rantes prius venerint ad partes illas.) 
 Bract, fol. 110. The statute of Wesl^ 
 minster 2, (13 Edw. I. c. 30, afterwards 
 called the statute of Nisi Prius,) confirmed 
 this practice, and introduced a similar con- 
 dition into the process for summoning the 
 jury, by providing that writs of venire for 
 summoning juries to the superior courts 
 should be in the following form : Prcecipi- 
 , mus iibi quod venire facias coram justiti- 
 ariis apud Westm. in Octahis Scti Mi- 
 chaelis nisi, talis et talis, tali die et loco ad 
 partes illas venerint, duodecim, &c. [We 
 command you that you cause to come be- 
 fore our justices at Westminster, on the 
 octave of St. Michael, unless such and 
 such a one, at such a day and place, shall 
 come to those parts, twelve, &c.] Mr. 
 Serjeant Stephen considers thii statute as 
 the foundation of the present system of 
 trial at nisi prius, and Mr. Spence sup- 
 poses that the term nisi prius itself origi- 
 nated in its provisions. Steph. PI. Ap- 
 pendix, Note (30.) 1 Spenee's Chancery, 
 116, note. But the passage in Bracton, 
 already referred to, and which is quoted 
 by Blackstone, though not noticed by the 
 writers just named, seems to carry back 
 both the system and this term itself to a 
 much earlier date. 3 Bl. Com. 352. 
 
 The words nisi prius, now generally 
 treated as untranslatable or unmeaning, 
 are, in their very simplicity, singularly, ex- 
 pressive of the character of the system of 
 local trials, at the remote period to which 
 
 it has been traced. The trial was then a 
 contingency, that might or might not hap- 
 pen, the justice might or might not come 
 into the county, the circuit or iter might 
 be in various ways prevented or suspended 
 (^poterit iter multiplidter impediri, vel sus- 
 pendi,) or, in modem phrase, might fall 
 through. Hence it was presented on the 
 record, in the way of an exception, that 
 might or might not have efiect, and intro- 
 duced, as it were, by the by, as something 
 collateral and subordinate to the main 
 course of the proceedings. And the nisi 
 prius clause (as it is termed) has in prac- 
 tice retained this character of a condition 
 or exception ever since, although the sys- 
 tem of local trials itself has long been 
 established on a permanent foundation. 
 3 Bl. Com. 352—354. 
 
 NISI PRIUS CLAUSE. In practice. 
 A clause entered on the record in an action 
 at law, and introduced also into the jury 
 process, authorizing the trial of the cause 
 in the particular county designated. It 
 was first used by way of continuance, the 
 parties having a day. given them in the 
 court above, unless, b^ore {nisi prius) that 
 day, the justices assigned to try the cause 
 should come into the county. Bract, fol. 
 110. See Nisi prius. It was afterwards 
 introduced into the process for summoning 
 the jury (now called the venire,) which was 
 hence termed the writ of nisi prius. In 
 this way it came to be entered on the re- 
 cord made up for the trial, which was hence 
 termed the nisi prius record, from which it 
 was finally transferred to the judgment roll 
 or record. In English practice, this clause 
 has long been omitted in the venire, being 
 inserted in the distringas juratores, (q. v.) 
 which is now the effective process. Its 
 form, as now entered on the record, is as 
 follows: "Afterwards, on the — day of 
 — <fco. the jury between the parties afore- 
 said is respited here until the — day of — , 
 unless [the judge or judges of nisi prius 
 and assise] shall first come on the — day 
 of — , at," <kc. This is a very close trans- 
 lation of the old Latin entry : — Jurata po- 
 nitur in respectum hie usque, dhc. nisi domi- 
 nus T. T. ttc. die, Sc. prius venerit, &c 
 Towns. PI. 430. 
 
 The nisi prius clause has been used in 
 American practice, though it is now in a 
 great degree dispensed with. 
 
 NISI PRIUS COURT. A court held 
 for the trial of issues of fact, before a jury 
 and a single presiding judge. 
 
NOC 
 
 (235) 
 
 NOL 
 
 NISI PRIUS RECORD. In practice. 
 A record made up for the use of the court 
 on a trial at nisi prius, serving both as a 
 warrant to the judge who is to try the 
 cause, and as a guide as to the nature of 
 the issue to be tried. It consists of entries 
 of the pleadings, and of the award of jury 
 process, in a certain order and form, and is, 
 in other words, a historical summary of the 
 proceedings from the commencement of the 
 action down to the time at which it is 
 made up. In England, it is written on 
 parchment, and is required to be sealed 
 and passed, as it is termed, at the proper 
 office, before it can be used. It derives its 
 name from the clause of nisi prius, with 
 which it concludes ; by which the jury are 
 respited or the cause continued to a certain 
 day, «nfes the judge or judges of nisi prius 
 and assise shall Jirst come, on a certain 
 day, at the place designated. Steph. PL 
 78—80. 2 Tidd's Pr. 115, 116. 3 Steph. 
 Com. 589. 
 
 NISI PRIUS WRIT. The old name 
 of the writ of venire, which originally, in 
 pursuance of the statute of Westminster 2, 
 contained the nisi prius clause. JReff. Jud. 
 28, 15. Cowell. The clause, however, as 
 it appears in the forms, was not in the 
 original nisi prius form, but in the alterna- 
 tive, the jury being directed to be sum- 
 moned to come before the justices at West- 
 minster, &c. or before the justices of assise 
 IF they should sooner come to the place 
 of trial, on the day designated. The em- 
 phatic Latin words were not nisi prius, but 
 vel si prius. See Beg. Jud. ub. sup. 
 
 NOBILE OFFICIUM. Lat. Noble 
 office or privilege. A term in Scotch law, 
 said not to admit of a precise definition. 
 BelPs Diet. Bell describes it as that power 
 or privilege of a court of equity, which 
 enables it to give redress by abating the 
 rigor of strict law. 
 
 NOCENT. [from Lat. nocerf. J Guilty. 
 " The noc«n< person." 1 Vem. i29. 
 
 NOCERE. Lat. To hurt or damage; 
 to offend or annoy ; to produce an incon- 
 venience; (damnum dare, incommodum 
 adferre.) Calv, Lex. Properly applied to 
 persons. Id. 
 
 NOCIVUS. Lat. [from nocere, q. v.] 
 In old practice. Hurtful; pernicious; 
 noxious. Called, by Lord Maasfield, " a 
 very technical term." 1 Burr. 337. 
 
 NOGTANDRE. L. Fr. By night. 
 Tearh. M. 5 Edw. IIL 31. 
 
 NOCTANTER. Lat. [from nox, night ; 
 
 L. Fr. nociandre, nutauntre.'] By night. 
 Fleta, lib. 4, c. 27, § 17. 
 
 NOCTES DE FIRMA. L Lat. In 
 English law. Nights of farm or rent ; en- 
 tertainments at night by way of rent. Oth- 
 erwise expressed as firmm nociium. Spel- 
 man. See Firma. 
 
 NOCTURNUS. Lat. [from nox, night.] 
 In old English law. Nocturnal. Fur 
 nocturnus ; a night thief. Fleta, lib. 1, c. 
 1 6, § 6. This was not the same with a bur- 
 glar, (burffator.) Id. See Grotius, de Jur. 
 Bell. lib. 2, c. 1, § 12. 
 
 NOCUMENTUM. Lat. [from nocere, 
 to annoy.] In old English law. A nui- 
 sance. Bract, fol. 221. Nocumentum 
 damnosum ; a nuisance occasioning loss or 
 damage, (or damnum sine injuria.) Id. 
 ibid. Nocumentum injuriosum ; an inju- 
 rious nuisance. Id. For the latter only a 
 remedy was given. Id. See Fleta, lib. 
 4, c. 26, § 2. 
 
 NO'EN. A contraction of nomen. NoHs 
 of nominis. NoSe of nomine. 1 Inst. 
 Cler. 11; 
 
 NOLI PROSEQUI An old, though 
 incorrect form of nolle prosequi. Com. 
 312. 
 
 N0LI8. Fr. [from Lat. naulum, q. v.] 
 In French law. Freight. The same with 
 fret. Ord. Mar. liv. 3, tit. 3. 
 
 NOLISSEMENT. Fr. [from nolis, q. v.] 
 In French marine law. Affreightment: 
 Ord. Mar. liv. 3, tit. 1. 
 
 NOLLE. Lat. To be unwilling; to 
 will not to do a thing; to refuse to do a 
 thing. Used, in the civil law, to denote a 
 voluntary act under full knowledge. Calv. 
 Lex. A distinction was made between 
 nolle and non velle. Id. Ejus est nolle, 
 qui potest velle, (q. v.) 
 
 NOLLE PROSEQUI Lat. (Will not 
 prosecute.) In practice. The name of an 
 entry made by a plaintiff in an action at law, 
 where he wishes to discontinue the action, 
 either wholly, or (more commonly) as to 
 some of the counts of his declaration, or as 
 to some of several defendants. 1 Burr. 
 Pr. 148, 385. So termed from the em- 
 phatic words in the old forms, the plaintiff 
 declaring that he uiill not further prosecute 
 his suit as to the counts or defendants 
 named. See 1 Peters' B. 46, 73, et sea 
 Story, J. * 
 
 A proceeding on an indictment by which 
 the prosecuting officer agrees to prosecute 
 no farther, either as to the whole of the 
 indictment, or as to some particular part of 
 
NOM 
 
 ( 236 ) 
 
 NOM 
 
 it. 1 Chitty's Crim. Law, 478 — 480, 
 (Perkins' ed. notes.) 
 
 NOMEMENT. L. Fr. Namely; to 
 wit. Britt. c, 27. Kelham. 
 
 NOMEN. Lat. A name. Nomen 
 dicitur a noscendo, quia notitiam facit; 
 Nom£n (a name) is so called from noscendo 
 (knowing,) because it causes knowledge. 
 6 Co. 65 a, Sir Moyle FincKs case. 
 
 Nomen est quasi rei notamen ; Nomen 
 (a name) is, as it were, notamen rei, (the 
 mark of a thing.) 11 Co. 20 b, Dr. 
 Ayra-ifs case. Calvin quotes the same 
 etymology from Diomed. lib. 1, Grammat. 
 
 Praesentia corporis tollit errorem nomi- 
 nis. The presence of the body (or sub- 
 stantial thing itself,) takes away the effect 
 of error in the name of it. Bacon's Max. 
 96, reg. 25. 
 
 Nomen non sufficit, si res nou sit de jare 
 
 ant de facto. A name is not sufficient, if 
 there be not a thing [or subject for it,] de 
 jure or de facto. 4 Co. 107 b, Adams and 
 Lamberts case. 
 
 NOMEN. Lat. In the Roman law. A 
 name; including, in the most general 
 sense, the three names oi prcsnomen, nomen 
 (proper,) and cognomen. Calv. Lex. See 
 Cod. 6. 23. 4. 
 
 In a strict sense, — the second of the 
 three names which the Romans commonly 
 had, following the proenomen, and marking 
 •the gens to which the individual belonged. 
 It commonly ended in ius ; as Cornelius, 
 Fahius, Octavius, &c. AdartCs Rom. Ant. 
 36. Butler's Hor. Jur. 28. 
 
 A debtor; the obligation of a debtor. 
 Vendere nomen ; to sell a name or obliga- 
 tion. Calv. Lex. Cod. 4. 10. 7. See 
 Oic. Att. V. 21. Horat. Sat. i. 2, 16. Id. 
 Ep. ii. 1, 105. The word rMm,e is still fa- 
 miliarly used in this sense. 
 
 A debt; the cause of a debt; an article 
 of an account. Adam's Rom. Ant. 547, 
 and the authorities cited ihid. 
 
 NOMEN. Lat. In old English law. 
 A name ; the name. The given or baptis- 
 mal name of a person, as Matthew, Andrew, 
 Peter, Paul. Distinguished from the cog- 
 nomen (q. v.) or surname. See Fleta, lib. 
 4, c. 10, §§ 7, 9. Fleta mentions the 
 prcenomen, agnomen and cognomen. Id. 
 
 §9- 
 
 NOMEN COLLECTIVUM. Lat. A 
 collective name, or term ; a term expres- 
 sive of a class ; a term including several of 
 the same kind ; a term expressive of the 
 plural as well as singular number. Skinn. 
 
 205. A term descriptive of person or 
 interest, or both. Eyre, C. J. 1 Bos. & 
 Pull. 243. 
 
 NOMEN GENERALE. Lat. A gen- 
 eral name ; the name of a genus. Fleta, 
 lib. 4, c. 19, § 1. 
 
 NOMEN GENERALISSIMUM. L. 
 Lat. A name of the most general kind ; a 
 name or term of the most general meaning. 
 By the name of land, which is nomen geti- 
 eralissimum, every thing terrestrial will 
 pass. 2 Bl. Com. 19. 3 Id. 172. 
 
 NOMEN JURIS. Lat. A name of 
 law. A legal name or designation ; a 
 technical term. 2 Swinton's R. 429. 
 
 NOMINA. Lat. [plur. of nomen, q. v.] 
 Names. Nomina sunt noice rerum. Names 
 are the marks of things. 11 Co. 20 b. 
 Nomina sunt symbola rerum. Names are 
 the symbols or signs of things. Branch's 
 Princ. Nomina significandorum hominum 
 reperta sunt, qui' si alio quolihet modo in- 
 telligantur, nihil interest ; names were in- 
 vented for the purpose of designating per- 
 sons, who, if they can be known in any 
 other way, it makes no difference. Inst. 
 2. 20. 29.. 
 
 Nomina si nescis perit cognitio rcram. 
 
 Et nomina, si perdas, certi distinctio rerum 
 perditur. If you are ignorant of names, 
 [without a knowledge of names,] the know- 
 ledge of things perishes. And if you lose 
 the names, the distinction of things is cer- 
 tainly lost. Co. Litt. 80 b. The names 
 of things are, for avoiding of confusion, 
 diligently to be observed. Id. ibid. 
 
 Nomina mutabilia sunt, res antem im- 
 mobiles. Names are mutable, but things 
 are immoveable, [immutable.] 6 Co. 66 a. 
 Applied to the name of a manor, which 
 might be acquired by knowledge of the 
 country, without being the true and proper 
 name. 
 
 . NOMINA VILLARUM. Lat Names 
 of the villages. The name of a return 
 made by the sheriffs of England into the 
 exchequer, in the reign of Edward II. of 
 the names of all the villages and their 
 possessors in every county. Cowell. Blount. 
 
 NOMINAL PARTNER. One who ap- 
 pears, or is held out to the world as a 
 partner, but who has no real interest in the 
 firm or business. Story on Partn. § 80. 
 One who allows his name to appear in the 
 partnership firm, and be used in the busi- 
 ness, and thereby holds himself out to the 
 world as apparently having an interest in 
 it ; though he may have no actual interest 
 
NON 
 
 (237) 
 
 NON 
 
 in the business or its profits.* 3 Kent's 
 Com. 31, 32. 
 
 NOMINARE. Lat. [from nomen, name.] 
 To name ; to nominate ; to appoint. Oalv, 
 Lex. 
 
 NOMINATE CONTRACTS. In the 
 civil law. Contracts having a proper or 
 peculiar name and form, and which were 
 divided into four kinds, expressive of the 
 ways in which they were formed ; viz. 1. 
 real, which arose, ex re, (from something 
 done;) 2. verbal, ex verbis, (from some- 
 thing said;) 3. literal, ex Uteris, (from 
 something written ;) and 4. consensual, ex 
 consensu, (from something agreed to.) 
 Oalv. Lex. Hallifax, Anal. b. 2, c. 14, 
 num. 9. Cooper's Just, Inst. Notes, 
 *584. 
 
 NOMINATIM. Lat. [from nomen, 
 name;] In the civil law. By name, or 
 other special designation, (demonstraiione 
 corporis, opificii, officiive ;) specially; ex- 
 pressly. Calv. Lex, Lord EUenborough, 
 12 Hast, 244. 
 
 NOMINE P(ENJJ. Lat. In the name 
 of a penalty. In the civil law, a legacy 
 was said to be left nomine pcenm, where it 
 was left for the purpose of coercing the 
 heir to do or not to do something. Inst. 
 2. 20. 36. 
 
 In the common law, the term nomine 
 pwnm has been applied to a covenant in- 
 serted in a lease, that the lessee shall for- 
 feit a certain sum on non-payment of rent, 
 or on doing certain things, as ploughing 
 up ancient meadow, and the like. 1 
 CrabVs Real Prop. Ill, § 155. Gilbert 
 on Rents, 140 — 145. 1 Williams on Exec. 
 697. 
 
 NOMOi;, Ndpi. Gr. [from vijiav, to give 
 or distribute.] Law; so called, because 
 suum cuique i/e/i«, (it gives to every one 
 his due.) Calv. Lex. Schrev. Lex. See 
 the definitions in Big. 1. 3. 2. 
 
 NOMOTHETA. Gr»co-Lat. [Gr. v»p»- 
 Birrii, from v6jLos, law, and TiOimt, to lay 
 down.] A lawgiver; such as Solon and 
 Lycurgus, among the Greeks, and Caesar, 
 Pompey and Sylla among the Romans. 
 ■Calv. Lez. 
 
 NON. Lat. Not. The common par- 
 ticle of negation. In the civil law, it 
 sometimes had the senses of not only, 
 (non solum,) and not so much, (non tan- 
 tum, non tarn.) Oalv. Lex. 
 
 NON ABILITY. "Want of ability to 
 do an act in law, as to sue. Cowell. A 
 plea founded upon such cause. Id. 
 
 NON ACCEPTAVIT. L. Lat. He 
 did not accept. See Acceptare. 
 
 NON-ACCESS. Non-existence of sexual 
 intercourse. 1 Sim. & Stu. 153. Sugden's 
 Law of Property, 182, 183. See Access. 
 
 Non accipi debent verba in demonstrati- 
 onem faham, quee compctunt in limitationem 
 Veram. Words ought not to be taken 
 to import a false demonstration, which 
 may have efiect by way of true limitation. 
 Bacon's Max. 59, reg. 13. "-Though fal- 
 sity of addition or demonstration doth not 
 hurt where you give the thing a proper 
 name, yet nevertheless, if it stand doubt- 
 ful upon the words, whether they import 
 a false reference and demonstration, or 
 whether they be words of restraint that 
 limit the generality of the former name, 
 the law will never intend error or false- 
 hood." Id. ibid. Broom's Max. [498.] 
 Lord EUenborough, 8 Hast, 91. 
 
 NON-AGE. Want of age; infancy; 
 minority. See Age. 
 
 Non aliter a signifieatione Terbornm re- 
 cedi oportet, qnam cum manifestnm est alind 
 sensisse testatorem. The ordinary mean- 
 ing of words should not be departed 
 from in any other case than where it is 
 clear that the testator intended something 
 different. Dig. 33. 69, pr. 
 
 NON ASSUMPSIT. L. Lat. (Did not 
 undertake.) In pleading. The general 
 issue in an action of assumpsit. So called 
 from the emphatic words of the old Latin 
 form : Ht idem — defendit vim et injuriam 
 quando, &c. et dicit quod ipse non assump- 
 sit super se modo et forma prout idem — 
 superius versus eum queritur. Et de hoc 
 ponit se super patriam, &c. (And the said 
 (defendant) defends the wrong and injury 
 when, &c. and says that he did not take 
 upon himself (or undertake) in manner 
 and form as the said (plaintiff') above 
 complains against him. And of this he 
 puts himself upon the country, &c.) 
 Towns. PI. 484. Where it is pleaded 
 by several defendants, it is called non 
 assumpserunt. 8 East, 311. The use of 
 this plea has been much narrowed in Eng- 
 land by the Pleading Rules. 1 Chitt. PI 
 513—517. 
 
 NON ASSUMPSIT INFRA SEX 
 ANNOS. _ L. Lat. He did not under- 
 take within six years. The plea of the 
 statute of limitations, in the action of 
 assumpsit. So called from the emphatic 
 words of the old Latin form. See 2 
 Oreenl. Evid. § 342, and note. 
 
NON 
 
 (238) 
 
 NON 
 
 Non andltur perire volens. He who is 
 
 desirous to perish is not heard. Beat on 
 Evid. 423, § 385. He who confesses him- 
 self guilty of a crime, with the view of 
 meeting death, will not be heard. A 
 maxim of the foreign law of evidence. 
 Id. ibid. 
 
 NON BAILABLE. In practice. Not 
 admitting of bail ; not requiring bail. 
 See Bailable. 
 
 NONCEPIT. Lat. He did not take. 
 The general issue in replevin, where the 
 action is for the wrongful taking of the 
 property; putting in issue not only the 
 taking, but the ^7ace in which the taking 
 is stated to have been made. Steph. PI. 
 157, 167. 
 
 NON CLAIM. In old English law. 
 The omission or neglect of one that ought 
 to challenge his right within a time lim- 
 ited, by which neglect he was barred of 
 his right or of his entry. Cowell. Termes 
 de la Ley. 2 Bl. Com. 354. 1 Steph. 
 Com. 621. 
 
 NON COMPOS MENTIS. Lat. Not 
 in possession, or not having power of 
 one's mind, or mental faculties; of un- 
 sound mind or memory. Litt. sect. 406. 
 Fleta, lib. 2, c. 61, § 16. This term is 
 used by Blackstone as a synonyme of 
 lunatic or madman. 1 Bl. Com. .304. 2 
 Id. 497. But Lord Coke interprets it in 
 a wider sense, making it to include both 
 an idiot and lunatic, as well as one that by 
 sickness, grief, or other accident, wholly 
 loses his memory and understanding. Co. 
 Litt. 246 b, 247 a. Mr. Stock, in a treats 
 ise devoted expressly to the subject, adopts 
 non compos mentis as the most general ex- 
 pression, embracing, and to a certain ex- 
 tent defining all states of mind contradis- 
 tinguished from the rational one. Stock 
 on Non Comp. Mentis, Introd. See 2 
 Kenfs Com. 451, 453. 1 Story's Eq. Jur. 
 8 223, 230. 
 
 NON CONCESSIT. L. Lat. Ho did 
 not grant. The name of a plea pleaded 
 by a stranger to a. deed ; estoppels not 
 holding with respect to strangers. Whar- 
 ton's Lex. 
 
 Non consentit qui errat. He who mis- 
 takes does not consent. Bract, fol. 44. 
 See Consentire. 
 
 NON CONSTAT. L. Lat. It does 
 not appear; it is not apparent or clear. 
 Cro. Car. 52. 3 East, 111. 2 F. Wms. 
 643. Non constat quid inde venitj it 
 does not appear what became of it. A 
 
 reporter's note. Hardr. 65. Non consla- 
 bat; it did not appear. Gibbs, C. J. 5 
 Taunt. 527 
 
 NON C'ULPABILIS. L. Lat. Not 
 guilty. The general issue in the action 
 of trespass. 3 Bl. Com. 305. So called 
 from the emphatic words of the old Latin 
 form : *^Et dicit quod ipse non est inde 
 cuLPABiLis. Et de hoc ponit," <fec., (and 
 says that he is not guilty thereof. And of 
 this he- puts, &c.) Tovms. PI. 484. 
 
 NON DAMNIFICATUS. L.Lat. Not 
 damnified, or harmed. A plea in an ac- 
 tion of debt on an indemnity bond, or 
 bond conditioned "to keep the plaintiff 
 harmless and indemnified," &c. It is in 
 the nature of a plea of performance ; be- 
 ing used where the defendant means to 
 allege that the plaintiff has been kept 
 harmless and indemnified, according to 
 the tenor of the condition. Steph. PI, 
 360. See 8 Grattan's B. 639. 
 
 Non debet actori licere quod reo non per- 
 mittitur. A plaintiff ought not to be 
 allowed what is not permitted to a defend- 
 ant. A rule of the civil law. Big. 50. 
 17. 41. 
 
 Non debet addnci exceptio ejus rei cnjns 
 petitnr dissolntio. A plea of the same 
 matter, the dissolution of which is sought 
 [by the action] ought not to be brought 
 forward. 2 Lord Raym. 1433. Broom's 
 Max. [125.1 Otherwise expressed, Ex- 
 ceptlo rei cnjus dissolntio petitnr, nulla est. 
 Jenk. Cent. 37, case 71. See Non potest, 
 &C. 
 
 Non debet [deberet] alii nocere, quod inter 
 alios actum est, [esset.] A person ought 
 not to be prejudiced by what has been 
 done between others. Big. 12. 2. 10. 
 
 Non debet cui plus licet, qnod minus est 
 non licere. He to whom the greater is 
 lawful, ought not to be debarred from the 
 less as unlawful. Big. 60. 17. 21. Broom's 
 Max. [130.] See Cui licet quod majus, &c. 
 
 Non decipitur qui scit se decipi. He is 
 not deceived who knows himself to be de- 
 ceived. 5 Co. 60 b, Gooch's case. 
 
 NON DEMISIT (or DIMISIT.) L. Lat. 
 (He) did not demise. The name of a plea 
 in an action of debt for rent on a parol 
 lease, denying the demise. 1 TidWs Pr. 
 650. 
 
 NON DETINET. L. Lat. He does 
 not detain. The name of the general 
 issue in the action of detinue. 1 Tidd's 
 Pr. 645. 
 
 The general issue in the action of replev- 
 
NON 
 
 (239) 
 
 NON 
 
 vin, where the action is for the wrongful 
 detention only. 2 Burr. Pr, 14. 
 
 Hon diffeinnt qate concordant re, tametsi 
 non in verbis iisdem. Those things do not 
 
 diflFer, which ^ee in substance, though 
 not in the same words. Jenk. Cent. 70, 
 case 32, 
 
 Non efficit affectus nisi seqnatnr effectus. 
 The intention amounts to nothing unless 
 the effect follow. 1 Rol. B. 226. 
 
 NON erit alia lex Bomoe, alia Aihcenis; 
 alia nunc, alia posthae ; sed et omnes gen- 
 tes, et omni tempore, una lex, et sempitema, 
 et immortalis continebit. There will not 
 be one law at Rome, another at Athens ; 
 one law now, another hereafter ; but one 
 eternal and immortal law shall bind to- 
 gether all nations throughout all time. 
 Cic. Frag, de Eepub. lib,- 3. 3 Kenfs 
 Com. 1. . Quoted by Lord Mansfield, with 
 some variation in the reading, — {sed et 
 apud omnes gentes et omni tempore, una 
 eademque lex obtinebit,) and applied to 
 the universal adoption of the maritime law, 
 as the general law of nations. Luke v. 
 Lyde, 2 Burr. 883, 887. Story, J. 16 
 Peters' iJ. 1, 19. 
 
 NONES. [Lat. nonoe, from rumus, 
 ninth.] In the Eoman calendar. The 
 fifth, and in March, May, July and Octo- 
 ber, the seventh day of the month. So 
 called, because, counting inclusively, they 
 were nine days from the ides. Adam^s 
 Bom. Ant. 355, 357. 
 
 Non est arctins vincnlnm inter homines 
 qnam jusjurandum, There is no closer 
 [or firmer] bond between men than an 
 oath. Jenk. Cent. 126, case 54. 
 
 Non est disputandnm contra prineipia 
 negantem. There is no arguing with one 
 who denies principles. Branch's Princ. 
 Co. Litt. 343 a. 
 
 NON EST FACTUM. L. Lat. (Is 
 not [his] deed.) The name of the general 
 issue in an action of debt on bond. So 
 called from the emphatic words in the old 
 Latin, form: Et dicit quod ipse de debito 
 prcedicto, virtute scripti obligatorii prcedicti 
 onerari.non debet, quia dicit quod scriptum 
 obligatorium prcedictum non est tactum 
 suum. Ht de hoc ponit se super patriam. 
 (And sajfs that he ought not to be charged 
 with the aforesaid debt, by virtue of the 
 aforesaid writing obligatory, because he 
 says that the said writing obligatory is not 
 his deed. And of this he. puts himself 
 upon the country.) Towns. PI. 484. 
 
 NON EST INVENTUS. L. Lat. (Is 
 
 not found.) In practice. The name of the 
 return made by a sheriflf to a writ of capias 
 or ea. sa. where the party named in the 
 writ is not found in his bailiwick or county. 
 3 Bl. Com. 283. 1 Tidd's Pr. 308. 2 
 Id. 1028, 1098. The return, as actually 
 made, is usually expressed by the English 
 words "not found," endorsed upon the writ, 
 and signed by the sherifi". But it is called 
 in the books a return of non est inventus, 
 from the emphatic words of the return, as 
 formerly made in Latin : Infranominatus 
 C. D. NON EST INVENTUS in balUva mea. 
 (The within named C. D. is not found in my 
 bailiwick.) When there were several so re- 
 turned, the proper words were non sunt 
 inventi, (in the plural;) but "non est," 
 although bad grammar where there were 
 two defendants, was lately held in New- 
 York to be a good return. 2 HilVs B. 
 598. 
 
 Non est nornm nt priores leges ad posteri- 
 
 ores trahantnr. It is not a new doctrine 
 that prior laws shall give place to later 
 ones. I>ig. 1. 3. 26. See Id. 1. 4. 4. 
 Broom's Max. [24.] See leges posteriores, &c. 
 Non est singulis concedendnm qnod per 
 magistratnm pnblice possit fieri, ne occasio 
 sit majoris tnmultus faciendi. That is not 
 to be allowed to individuals, which can be 
 publicly done by a magistrate, lest it be the 
 occasion of making greater confusion. Dig. 
 50. 17. 176. 
 
 Non ex opinionibns singnlorum, sed ex 
 commnni nsn, nomina exandiri debent. The 
 names of things ought to be understood, 
 not according to the opinions of individuals, 
 but according to common usage. Dig. 
 33. 10. 7. 2. 
 
 Non facias malum, nt inde fiat bonnm. 
 You are not to do evil, that good may 
 be or result therefrom. 11 Co. 74 a. 6 
 Co. 30 b, Coulter's case. 
 
 NONFEASANCE. A not doing ; an 
 omission to do something that ought to be 
 done.* The not doing of that which it 
 was a party's duty or contract to do. 1 
 Chitt. Gen. Pr. 9. 
 
 NON IMPEDIVIT. L.Lat. (He did 
 not hinder or disturb.) In English prac- 
 tice. The general issue in quare impedit. 
 3 Wooddes. Lect. 9. 
 
 Non impedit clausula derogatoria, quo 
 minus ab eadem potestate res dissolrantnr a 
 qnibus [qua] constltnnntur. A derogatory 
 clause [that is, a clause disabling a person 
 to_ do some future act,] does not prevent 
 things or acts from being dissolved by the 
 
NON 
 
 (240) 
 
 NON 
 
 same power by which they were originally 
 made or done. Bacon's Max. 74, reg. 19. 
 Thus, if a man make a will, and in the end 
 of it add a clause, that if he shall revoke 
 the present will, or declare any new will, 
 except in a certain form, that such revoca- 
 tion or new declaration shall he utterly 
 void ; this clause, or any similar one, is of 
 no force or efficacy to fortify the former 
 will against the second, but the testator 
 may revoke it and make a new.* Id. '15. 
 The reason given by Lord Bacon why a 
 derogatory clause (called also clausula de 
 non obstante de futuro,) is idle and of no 
 force is, "because it doth deprive men of 
 that which of all other things is most inci- 
 dent to human condition, and that is altera- 
 tion or repentance." Jd. 74. Broom's 
 Max. [24.] 
 
 NON INFREGIT CONVENTIONEM. 
 L. Lat. He did not break the covenant. 
 The name of a plea sometimes pleaded in 
 the action of covenant, and intended as a 
 general issue, but held to be a bad plea ; 
 there being, properly speaking, no general 
 issue in that action. 1 Tidd's Pr. 648. 
 3 Jrars(N.Y.)i?. 187. 
 
 Non in legendo sed in intelligendo leges 
 
 COUSistunt. The laws consist not in being 
 read, butin being understood. 8 Co. 167 a. 
 The mere verbal form in which a law is 
 expressed is unimportant, if it be under- 
 stood. Lord Coke {uh. sup.) quotes this 
 rule in support of his remark that the 
 opinion of a certain judge (Hussy, C. J.) 
 was good Jaw, if it were well understood. 
 
 NON INTERFUI. Lat. I was not 
 present. A reporter's note. T. Jon. 10. 
 
 NON-JOINDER. In practice. Omis- 
 sion to join or include one or more persons 
 as parties to an action, whether as plain- 
 tiffs or defendants. 1 Chitt. PI. 13, 66, 
 86. 
 
 NON-JUROR. One who has not 
 sworn ; one who has not taken, or has re- 
 fused to take a prescribed oath, such as an 
 oai;h of allegiance. See Sll.d McHenry's 
 i?. 101, 103. \ Dallas' B.\no. 
 
 Non jus, sed seisina facit stipitem. Not 
 
 right, but seisin makes a stock. Fleta, 
 lib. 6, c. 2, § 2. It is not a mere right to 
 enter on lands, but actual seisin, which 
 makes a person the root or stock from 
 which all future inheritance by right of 
 blood must be derived. 2 Bl. Com. 209, 
 312. This ancient maxim of the common 
 law has recently been abrogated in Eng- 
 land, so far as respects the descent of land 
 
 taking place on deaths since Jan. 1, 1834, 
 by Stat. 3 & 4 Will. IV. c. 106. Broom's 
 Max. 226—228, [397—399.] 1 Stepk. 
 Com. 365 — 368. It is also considered as 
 abrogated in most of the United States. 
 4 ICenfs Com. 38?, 389. 
 
 Non licet qnod dispcndio licet. That 
 
 which may be [done only] at a loss is not 
 allowed [to be done.] Co. Litt. 127 b. 
 The law does not permit or require the 
 doing of an act which will result only in 
 loss. The law forbids such recoveries 
 whose ends are vain, chargeable and un- 
 profitable. Co. Litt, uh. sup, 
 
 NON LIQUET. Lat. It is not clear. 
 In the Roman law and practice, where a 
 judex was at a loss how to decide a cause, 
 he made oath that he was not clear {se non 
 liquere,) and was thereupon discharged. 
 A. Qell. Noct. Alt. lib. 14, c. 2. So, in 
 criminal trials, such of the judices as were 
 undecided, deposited in the urn a ballot or 
 tablet marked with the letters N. L. [non 
 liquet.) Adam's Rom. Ant. 285. Tayl. 
 Civ. Law, 192. This practice has never 
 been allowed in English common law. See 
 Lord Bacon's observations in his Reading 
 on the Statute of Uses, Works, iv. 184. 
 The expression, however, is in use. Lord 
 Ellenborough, 11 Hast, 188. 
 
 NONNA. L. Lat. In old ecclesiasti- 
 cal law. A nun. Spelman. Nonnus ; a 
 monk. Id. 
 
 Non observata forma, infertar adnnl- 
 latio actus. Where form is not observed, 
 an annulling of the act is inferred, or fol- 
 lows. 12 Co. 7. Where the law prescribes 
 a form for an act or proceeding, the non- 
 observance of such form renders the pro- 
 ceeding itself a nullity. This is a rule of 
 evidence in English and French law. Best 
 onEvid, Introd. 58, § 59. Bonnier, Tr. des 
 Preuves, s. 334. 
 
 NON OBSTANTE. Lat. Notwith- 
 standing, (or, in two words, not withstand- 
 ing.) Words anciently used in public and 
 private instruments, intended to preclude, 
 in advance, any interpretation contrary to 
 certain declared objects or purposes. 
 
 A clause frequent in old English statutes 
 and letters patent, (so termed from its 
 initial words,) importing a license from the 
 crown to do a thing, which otherwise a 
 person would be restrained by act of par- 
 liament from doing. Crahb's Mist. Eng, 
 Law, 670. Plowd, 501. Said to have 
 been taken fi'om the papal law. Cowell. 
 
 A power in the crown to dispense with 
 
NON 
 
 (241) 
 
 NON 
 
 the laws in any particular case. This was 
 abolished by the Bill of Rights at the revo- 
 lution. 1 £1. Com. 342. 
 
 NON OBSTANTE VEREDICTO, L. 
 Lat. Notwithstanding the verdict. A 
 judgment non obstante veredicto, is a judg- 
 ment entered, by order of the court, for 
 the plaintiff in an action at law, notwith- 
 standing a verdict in favor of the defendant. 
 It is always upon the merits, and never 
 granted but in a very clear case, as where 
 it is apparent to the court from the defen- 
 dant's own plea that he can have no merits.* 
 2 Tiddl's Pr. 922. Thus, where the plea 
 confesses and attempts to avoid the declara- 
 tion, by some matter which amounts to no 
 suflSoient avoidance of it in point of law, 
 and the plaintiff, instead of demurring, has 
 taken issue upon the truth of the plea in 
 fact, and that issue has been found in favor 
 of the defendant, yet the plaintiff may 
 move that, without regard to the verdict, 
 the judgment be given in his favor. For 
 the plea having confessed the matter of 
 fact in the declaration, and having opposed 
 it by an allegation which, though true in 
 fact, is bad in law, it appears upon the 
 whole that the plaintiff is entitled to main- 
 tain his action. 3 Steph. Com. 629, 
 630. 
 
 NON OMITTAS. L. Lat. (You omit 
 not.) In English practice. A clause in- 
 serted in a writ of capias and other process, 
 in cases where a defendant resides within a 
 liberty, empowering the sheriff to enter it. 
 1 Tidd's Pr. 154, 217. At present every 
 writ under the stat. 2 Will. IV. c. 39, is 
 framed as a non omittas. 3 Chitt. Gen. 
 Pr. 190. 
 
 Formerly, when the defendant resided 
 within a liberty, the bailiff of which had 
 the execution and return of writs, the 
 practice was, on a writ being issued to the 
 sheriff, for the latter to make his mandate 
 to the bailiff directing him to execute the 
 writ. On the sheriff's returning in such 
 case, that he had made his mandate to the 
 bailiff, (mandavi ballivo,) but that the lat- 
 ter had not served the writ, a writ issued 
 to the sheriff commanding him that he 
 omit not by reason of the said liberty, {non 
 omittas propter libertatem,) but that he 
 enter himself and execute the writ. Reg. 
 Grig. 83, 151 b. Reg. Jud. 5 b, 56 b. 
 Fleta, lib. 1, c. 26, § 3; lib. 2, c. 67, § 13. 
 Hence the name of the clause in the modern 
 process. 
 
 Non omae damnnm iMucit injnriam. It 
 
 Vol. II. 
 
 is not every loss that produces an injury. 
 Bract. foL 45 b. See Damnum absque in- 
 juria. 
 
 Non omne qnod licet honestom est. Not 
 
 every thing that is lawful is proper or 
 becoming, Dig. 50. 17. 144. 
 
 Non omniDm quae a majoribns nostris 
 constitota sunt ratio reddi potest. There 
 cannot be given a reason for all the things 
 which have been established by our an- 
 cestors. Dig. 1. 3. 20. Branch's Princ. 
 4 Co. 78. 
 
 NON-PLEVIN. L. Fr. and Eng. In 
 old English practice. A neglect or default 
 in a defendant to replevin land in due time, 
 that had been taken into the king's hand, 
 by reason of default. Hengham describes 
 it as a default after a default. . Heng. 
 Magna, c. 8. See Fet Assaver, § 23. 
 
 Non possessoii incumblt necessitas proban- 
 di eas [possessiones] ad se pertinere. The 
 burden does not lie on a possessor, of prov- 
 ing that his possessions belong to him. 
 Cod. 4. 19. 2. Broom's Max. [562.] 
 
 Non potest addnci exceptio ejus [dem] rci 
 cnjus petitur dissolotio, A plea of the same 
 matter, the dissolution of which is sought, 
 [by the action,] cannot be brought forward. 
 Bacon's Max. 6, reg. 2. Wingate's Max. 
 647, max. 1 69. Where an action is brought 
 to defeat, undo or annul any matter or pro- 
 ceeding, the defendant cannot plead such 
 matter or proceeding in bar of the action. 
 See 3 P. Wms. 317. A matter, the va- 
 lidity of which is at issue in legal proceed- 
 ings, cannot be set up as a bar thereto. 
 Broom's Max. [124.] 
 
 Non potest qnis sine brcvi agere. No one 
 can sue without a writ. Fleta, lib. 2, c. 
 13, § 4. A fundamental rule of old prac*- 
 tice. 
 
 Non potest videri desiisse iiabere, qui nun- 
 qnam liabuit. He cannot be considered 
 as having ceased to have a thing, who novor 
 had it. Dig. 50. 17. 208. 
 
 Non pra;stat impedimentum qnod de jure 
 non sortitur effectum, A thing or act which 
 has not its effect by law, [or no effect 
 in law,] offers no impediment, [or amounts 
 to no bar.] Jenk. Cent. 162, case 8, Win- 
 gate's Max. 1^1, max. 195. 
 
 NON PROS. L. Lat. In practice. 
 An abbreviation of NON PROSEQUIT l' Pv, 
 (he does not prosecute.) The name oi :i., 
 entry and judgment on the part of a ,lo- 
 fendant in an action at law, where tlia 
 plaintiff fails to declare in due time, bv 
 which the action is terminated with c «ts'- 
 16 
 
NON 
 
 ( 242 ) 
 
 NON 
 
 the plaintiff in such case being said to be 
 tion pros' d. 3 Bl. Com. 296. 1 Tidd's 
 Pr. 458. A similar judgment may ■ be 
 entered for not replying to the defendant's 
 plea. Id. 676. This term is sometimes 
 erroneously confounded with nonsuit, 
 (q. V.) 
 
 Non quod dictnm est, sed qnod factam est 
 inspieitlir. Not what is said, but what is 
 done is regarded. Co. Litt. 36 a. A 
 maxim applied by Lord Coke to the de- 
 livery of deeds, and in modern law to the 
 execution of deeds and wills. Tindal, C. 
 J. 6 Bing. 310. 1 Metcalfs B. 353. 
 
 Non refert an quis asseiisum suum pmbet 
 verbis, an rebns ipsis et factis. It mat- 
 ters not whether one gives his assent by 
 words, or by things themselves and by 
 acts. 10 Co. 52 b, Lampets case. An 
 acceptance implies an assent. Id. ibid. 
 
 Non refert quid ci fflquipollentlbus fiat. 
 It matters not what is done with [what dis- 
 position is made of] equipollent [or equi- 
 valent] expressions. 5 Co. 122 a, Long's 
 ease. Equivalent words may be treated as 
 redundancies.* It matters not what words 
 are omitted in an instrument, if there be 
 tantamount words present. 5 Co. uh. sup. 
 
 Non refert quid notnm sit jndici, si notum 
 non sit in forma jndicii. It matters not 
 
 what is known to a judge, if it bo not 
 known in judicial form. 3 Bulstr. 115. 
 A leading maxim of modern law and prac- 
 tice. Best on Evid. Introd. 31, § 38. 
 
 Non refert verbis an factis fit revocatio. 
 It matters not whether a revocation be 
 made by words or by acts. BrancKs Pr. 
 Cro. Car. 49. But the case here quoted 
 is against the rule. 
 
 NON RESIDENCE. Want of resi- 
 dence ; cessation of residence ; failure or 
 neglect of residence. See Residence. 
 
 NON EESIDENT. One who does not 
 reside, or is not a resident ; one who re- 
 sides out of a particular place or jurisdic- 
 tion. See Besident. 
 
 NON SAN^ MENTIS. Lat. Of un- 
 sound mind. Fleta, lib. 6, c. 40, § 1. 
 
 NON SANE MEMORY. Unsound me- 
 mory ; unsound mind. A term essentially 
 law French. See Memory. 
 
 NON SEQUITTJR. Lat. Does not 
 follow. See Nonsuit. 
 
 Non sclent qnie abundant vitiate scriptn- 
 
 ras. Superfluities [things which abound] 
 do not usually vitiate writings. Big. 60. 
 17. 94. See Abundare, Surplusage. 
 Non solum quid licet, sed quid est conve- 
 
 niens est considerandnm ; quia nihil qnod 
 est inconveniens est licitnm. Not only what 
 is lawful, but what is proper or conveni- 
 ent is to be considered ; because nothing 
 that is inconvenient is lawful. Co. Litt. 
 66 a. 
 
 NONSUER. L. Fr. In old praStice. 
 To nonsuit. Se retreist et el fait nonsue ; 
 withdrew himself, and she was nonsuited. 
 Yearb. M. 3 Edw.III. 40. Nonsuy ; non- 
 suited. P. 8 Ed w. in. 9. N(mnsiwy. H. 
 3 Edw. IL 71. 
 
 NON SUI JURIS. Lat. Not one's 
 own master. Fleta, lib. 2, c. 61, § 16. 
 
 NONSUIT, Nmsuyt, NonsuU. L. Fr. 
 In old English law. A not following ; a 
 neglect to follow. Pur nonsute de hu et 
 de crie leve ; for not following of the hue 
 and cry raised. Britt. c. 21. 
 
 An omission to follow up or prosecute 
 an action. Par la nonsuyt d.el pleyntyfe. 
 Id. c. 33. Jugement de la nonsuyt ; judg- 
 ment of nonsuit or for the nonsuit. Id. 
 c. 27. 
 
 NONSUIT. L. Fr. and Eng. In prac- 
 tice. A failure to follow up a cause ; a 
 relinquishment of a cause on the part of 
 a plaintiff at the trial, either voluntarily or 
 by the order of the court; an order or 
 award of the court granted at the trial, 
 compelling the plaintiff to abandon the 
 farther prosecution of the action. 
 
 A voluntary nonsuit is where the plain- 
 tiff, at the trial, discovers some error or 
 defect in the proceedings which cannot be 
 remedied, or finds that his evidence is not 
 sufficient to maintain his case. In such 
 case, he may submit to a nonsuit, which is 
 done by absenting himself, or failing to an- 
 swer when called to hear the verdict, upon 
 which he is nonsuited. 3 Bl. Com. 376. 
 3 Chitt. Gen. Pr. 910. See Calling the 
 plaintiff. A compulsory nonsuit is one 
 which is ordered by the court on the mo- 
 tion of the defendant, or without any mo- 
 tion ; and the most usual grounds of it are 
 either the insufficiency of the cause of ac- 
 tion itself, or the insufficiency of the evi- 
 dence to support the case. It may be 
 granted, also, upon grounds not affecting 
 the merits, such as a mistake in the parties, 
 or form of the action, or variance between 
 the declaration and tbe evidence. 1 Burr. 
 Pr. 234, 424. Compulsory nonsuits are 
 not allowed in English practice. 2 Tidd's 
 Pr. 869. 
 
 The effect of a nonsuit is to defeat the 
 action, and give costs to the defendant, 
 
NON 
 
 ( 243 ) 
 
 NOS 
 
 but the plaintiff may always commence a 
 new action for the same cause. 3 Bl. Com. 
 377. 
 
 NON SUM INFORMATUS; L. Lat. 
 (I am not informed.) In practice. A spe- 
 cies of judgment by default, so called from 
 being founded on an averment by the de- 
 fendant's attorney, that :he has no instruc- 
 tion to say any thing in answer to: the 
 plaintiff, or in defence of his client. 3 
 Bl. Com. 397. 2 TidaCs Pr. 930. It is 
 said to be used only in cases where judg- 
 ment is. entered in pursuance of a previous 
 agreement between the parties. Holt- 
 house. 
 
 NON TENUIT. L. Lat. (He did not 
 hold.) The name of a plea in bar, in re- 
 plevin, to an avowry for arrears of rent, 
 that the plaintiff did not hold in manner 
 and form as the avowry alleges. Boscoe^s 
 Real Act. 638. 
 
 NON TENURE. [L. Fr. noun tenoMre.] 
 In pleading. A plea by a tenant in a real 
 action, where he is not in fact the tenant 
 of the freehold, denying that he was ten- 
 ant of the freehold of the land or rent 
 demanded, &c. RoscoSs Real Act. 190. 
 It is usually called a plea in abatement, 
 but is not strictly so. Id. ibid. 
 
 NON TERM. [L. Lat. non terminus.] 
 In old practice. The time of vacation 
 between term and term. Cowell. 
 
 NON USER. [L. Lat. non usus.] Neg- 
 lect to use a franchise; neglect to exer- 
 cise an office. 2 Bl. Com. 153. Neglect 
 or omission to use an easement or other 
 right. 3 HCent's Com. 448. A right ac- 
 quired by use may be lost by non-user. Id. 
 ibid. 
 
 NON USUS. L. Lat. In old English 
 law. Non-usor. Fkta, lib. 4, c. 18, § 2. 
 
 NON VALENTIA AGERE. L. Lat. 
 Inability to sue. 5 Bell's Ap. Cas. 172. 
 
 Noil valet eiccptio ejusdem rei cujns peti- 
 tur dissolntio, A plea of the same matter 
 the dissolution of which is sought, is not 
 valid. Galled a maxim of law and com- 
 mon sense. Henley, Lord C. 2 £!den, 
 134. 
 
 Non valet impcdimentum qnod de jure 
 non sortitur effoetnm, An impediment or 
 bar which does not derive its effect from 
 law, is of no force. 4 Co. 31 a, French's 
 case. In Branch's Principia and Whar- 
 ton's Lexicon, the words quod de jure non 
 sortitur effectum are erroneously rendered, 
 " which does not destroy the force of law." 
 
 Non verbis, sed ipsis lebas, leges imponi- 
 
 mus. We impose laws, not upon words, 
 but upon things themselves. Cod. 6. 43. 2. 
 Non videntnr qui errant consentire. They 
 
 who mistake, are not supposed to consent. 
 Dig. 60. 17. 116. 2. There can be no 
 consent, when the parties are in an error 
 respecting the object of their agreement. 
 Fothier, Obi. part 1. ch. 1, sect. 1, art. 3, 
 § 1. . A contract entered into, under a mis- 
 take of facts or circumstances going to the 
 essence of it, is not considered as made by 
 consent, and is therefore no contract* 2 
 Kent's Com. 477. " This is a clear principle 
 of universal justice." Id.ibid. See Broom's 
 Max. [197.] 14 Georgia R. 207. An- 
 other form is, Non consentit qui errat, (q. v.) 
 
 Non videtnr consensum rctinuisse, si quis 
 ei praescripto minantis aliqnid immntavit. 
 Where a person [under duress] has made 
 any change from the terms of the party 
 threatening him, he is not [for all that] 
 considered as having retained his consent 
 [to such terms.] Bacon's Max. 89, reg. 
 22. Broom's Max. [208.] See Consensus, 
 for a full illustration of this maxim. 
 
 Non videtur perfecte cujusque id esse, qnod 
 ei casu auferri potest. That does not 
 seem to be completely one's own, which 
 can be taken from him on occasion. Dig. 
 50. 17. 139. 1. 
 
 Non videtur vim facere, qui Jure sno uti- 
 tnr et ordinaria actione experitur. He is not 
 considered to use force, who exercises his 
 own right, and proceeds by ordinary ac- 
 tion. Big. 60. 17. 155. 1. 
 
 NOOK OF LAND. [L. Lat. noka, or 
 nocata terrce.] In old records. A meas- 
 ure or description of land, of uncertain 
 quantity. Blount observes that he had 
 seen an old deed of Sir Walter de Pod- 
 wardyn, wherein twelve acres and a half 
 were granted for a noJce of land, but he 
 thought the quantity was not certain. 
 
 NORFF. An abbreviation of Norfolcia, 
 Norfolkshire. 1 Inst. Cler. 28. 
 
 NOSAUNCE, Noysaunce. L. Fr. [from 
 noier, or nuire, to hurt.] A nuisance ; an 
 act done by one to the injury of another's 
 freehold ; an act by which a person is j)re- 
 vented from enjoying his tenement as con- 
 veniently or freely as he ought to do. The 
 most familiar examples of nuisance in Brit- 
 ton, are the stopping or diverting a water- 
 course, the stopping a way by a wall, 
 hedge or dyke, &c. Britt. c. 61. 
 
 Noscitnr a SOCiis, It is known from its as- 
 sociates. 1 Ventr. 226. The meanino- of 
 a word is, or may be known from the ac- 
 
NOT 
 
 (244) 
 
 NOT 
 
 company ing words. 3 Term jB. 87. 9 
 JSatt, 261. 6 Taunt. 294. Broom's Max. 
 294f [450, 455.] This maxim appears to 
 have been first applied to the language of 
 the law by Lord Hale, (1 Ventr. 225,) 
 and, it is observed, was no pedantic or in- 
 considerate expression when falling from 
 him, but was intended to copvey, in short 
 terms, the grounds upon which he formed 
 his judgment. See 3 Term B. 87. 1 B. 
 & C. 644. 13 East, 631, arg. 
 
 NOSME. L. Fr. Name; a name. 
 Nosmes nomables ; names that should be 
 named; necessary names. Britt. c. 48. 
 Kelham translates this expression " sur- 
 names," but the word surriosme, (surname) 
 is used by Britton immediately after. 
 
 NOSMEMENT. L. Fr. Namely. 
 Yearh. M. 2 Edw. III. 19. 
 
 NOSOCOMUS. Graeco-Lat. [Gr. »<.««<;.«, 
 from i/faof, disease, and <to/<cw, to take care.] 
 In the civil law. One who had the care 
 of a hospital. Cod. 3. 1. 46. 3. Nov. 
 V, epil. 
 
 NOSTKUM. Lat. Ours; our own. 
 Id quod nostrnm est, sine facto nostro, ad ali- 
 um transferri non potest. That which is 
 ours cannot, without our act, be transferred 
 to another. Dig. 60. 17. 11. 
 
 NOTA. Lat. In the civil law. A 
 mark or brand put upon a person by the 
 law. 1 Mackeld. Civ. Law, 134, 135. 
 
 NOTA. L. Lat. In old English con- 
 veyancing. A note or memorandum of a 
 charter or deed, drawn up preparatory to 
 the execution of the charter itself. Si au- 
 tem dicant testes quod prcesentes fuerint con- 
 fectioni notse in quam uiraque pars consen- 
 tit, donator et donatorius, hoc sufficit ad 
 probationem, licet prmsentes non essent ubi 
 charta scripta fuit et assignata, [signata ?] 
 But if the witnesses say that they were 
 present at the making of the note, to which 
 each party agreed, donor and donee, this 
 is sufficient for proof, though they were 
 not present when the charter was written 
 and sealed. Bract, fol. 398. Fleta, lib. 6, 
 0. 34, § 2. _ 
 
 A promissory note. 11 Mod. 340. 
 ■ NOT^. Lat. In civil and old Euro- 
 pean law. Short hand characters or marks 
 of contraction, in which one person wrote 
 what was said by another, or in which the 
 emperors' secretaries took down what they 
 dictated. Spelman. Calv. Lex. See JVb- 
 tarius. 
 
 NOTARE INFAMIA. Lat. In the 
 civil law. To mark or brand with infamy. 
 
 or disgrace. Big. 3. 2. ' For a description 
 of the persons who were so branded, {de 
 his qui notantur in/amia,) see Id. ibid. 
 
 NOTARIAL. Belonging to a notary ; 
 made or done by a notary. 
 
 NOTARIUS. Lat. [from nota, a char- 
 acter or mark.] In Roman law. A per- 
 son (sometimes a slave) who wrote in 
 short hand (notis,) what was dictated by 
 another. Big. 29. 1. 40, pr. Id. 40. 5. 
 41. 3. Cod. 7. 7. 1. 5. Brissonius. Calv. 
 Lex. 
 
 An officer who attended on a magis- 
 trate, and took down, in short hand, {notis 
 excipiebat,) what was said or done. Adam's 
 Bom. Ant. 188. 
 
 In feudal law. An officer who drew up 
 conveyances and other instruments. Feud. 
 Lib. 2, tit. 52, § 1. 
 
 In old English law. A scribe or scrive- 
 ner who made short draughts of writings 
 and other instruments ; a notary. Cornell. 
 
 NOTARY, (or NOTARY PrBLIC.) 
 A public officer by or before whom vari- 
 ous acts, chiefly in mercantile matters, are 
 required to be done ; such as the protest 
 of negotiable paper, marine protests in 
 cases of loss, and the acknowledgment of 
 certain instruments; and who attests or 
 certifies J;he same in writing, under his 
 official seal. See United States Digest, No- 
 tary Public. 
 
 The word notary itself is evidently 
 formed from the notarius (q. v.) of the 
 Roman law ; but the functions of the office 
 have been chiefly derived from those of 
 the Roman tahellio, (q. v.) For a valuable 
 sketch of the history of the office, see 
 Anthem's Law Student, 33 — 46. And see 
 BelPs Diet. 
 
 NOTE, (or PROMISSORY NOTE, 
 sometimes called a NOTE OF HAND.) 
 In mercantile law. A written promise by 
 one person to another, [or by a corpora- 
 tion,] for the payment of money absolutely, 
 and at all events. 3 ITent's Com. 74. 
 Bay ley on Bills, 1. Story on Notes, § 1. 
 See Promissory note, Bank note. 
 
 NOTE OF A FINE. In old convey- 
 ancing. One of the parts of a fine of 
 lands, being an abstract of the writ of 
 covenant, and the concord; naming the 
 parties, the parcels of land and the agree- 
 ment. 2 Bl. Com. 351. 
 
 "NOTE or MEMORANDUM," in the 
 statute of frauds, imports an informal writ- 
 ing made on the spot, in the moment and 
 hurry and tumult of commercial business. 
 
NOT 
 
 (246) 
 
 NOT 
 
 Kent, C. 14 Johns. R. 484, 492. Hence, 
 if written with a lead pencil, it has been 
 held suflBcient. Id. ibid. 
 
 NOTE OF PROTEST. A memoran- 
 dum of a protest made by a notary, pre- 
 liminary to drawing up the protest in form, 
 or extending it, as it is termed. 
 
 NOT GUILTY. [L. Lat. non culpaUlis; 
 L. Fr. nient culpable.'] In pleading. The 
 general issue in the action of trespass, by 
 which the defendant " says that he is not 
 guilty of the said supposed trespasses 
 above laid to his charge, or any part 
 thereof, in manner and form as the said 
 plaintiff . hath above thereof complained 
 against him," <fec. 2 Burr. Fr. Appendix, 
 340. 
 
 The general issue or plea pleaded by a 
 prisoner, to an indictment on which he 
 has been arraigned. 4 £1. Com. 338. 
 
 In practice. The form of the verdict in 
 criminal cases, where the jury acquit the 
 prisoner. 4 £1. Com. 361. 
 
 NOTHUS. Graeco-Lat. [Gr. rWos.] In 
 civil and old English law. A natural child. 
 IT^ov. 89. A bastard or illegitimate child. 
 See Tat/l. Civ. Law, 27i. Calv. Lex. 
 Properly, the offspring of ah adulterous 
 connection ; (notho mceckus dedit m-tum.) 
 Co. Litt. 244 a. 
 
 NOTICE, [from Lat. notUia, q. v.] In 
 practice. A making known of something. 
 Information of an act done; as of a suit 
 commenced, bail put in, a rule entered, a 
 partnership formed, a note protested, &c. 
 
 Information of an act to be done, or re- 
 quired to be done ; as of a motion to be 
 made, a trial to be had, a plea or answer 
 to be put in, costs to be taxed, (fee. 
 
 In practice, all notices are required to 
 be in writing, dated, addressed to the party 
 for whom they are intended, and signed 
 by the party, or his attorney, by whom 
 they are given. See United States Digest, 
 Notice. 
 
 Knowledge. " A bond fide holder, with- 
 out notice." Clifford, J. 20 Howard's R. 
 365. 
 
 NOTICE OF MOTION. In practice. 
 A notice in writing, entitled in a cause, 
 dated and signed by the attorney of the 
 party in whose behalf it is given, and ad- 
 dressed to the opposite party or his attor- 
 ney ; stating that, on a certain day desig- 
 nated, a motion will be made to the court 
 for the purpose or object stated. 
 
 NOTICE TO PLEAD. In practice. 
 A notice in writing, requiring the defend- 
 
 ant in an action to plead within a certain 
 time specified. Chitt. Arch. Pr. 152. 3 
 Chitt. Oen. Pr. 498. 
 
 NOTICE TO PRODUCE. In prac- 
 tice. A notice in writing, given in an ac- 
 tion at law, requiring the opposite party 
 10 produce a certain described paper or 
 document at the trial. Chitt. Arch. Pr, 
 230. 3 Chitt. Gen. Pr. 834. 
 
 NOTICE OF PROTEST. A notice 
 given by a notary to the drawer or in- 
 dorser o'f a bill, or the indorser of a note, 
 that the bill or note has been protested 
 for non-acceptance or non-payment.* But 
 the giving of this notice has been held to 
 be no part of the official duty of a notary, 
 unless rendered so by statute. 2 HiWs 
 (N. Y.) R. 227. No particular form of 
 words IS necessary in a notice of protest ; 
 all that is necessary is to apprize the party 
 of the dishonor of the bill or note. The 
 essential requisites of the notice are, a true 
 description of the note ; an assertion that 
 it has been duly presented at maturity, 
 and dishonored ; and that the holder looks 
 to the person to whom notice is given, for 
 indemnity. 1 Wisconsin R. 264. As to 
 the description of the note or bill, see 17 
 Hmaard^s R. 606, 608. And see 1 Com- 
 stocFs R. 413. 2 Selden's R. 19. 
 
 NOTICE TO QUIT. A notice in writ 
 ing, given by a landlord to his tenant from 
 year to year, requiring the latter to quit 
 and deliver up the possession of the pre- 
 mises on a day specified. 1 Chitt. Gen. 
 Pr. 483, and note. 
 
 A notice given by a tenant from year to 
 year to his landlord, of his intention to 
 quit the premises on a day named. Id. 
 ibid. 
 
 A notice given by a landlord to a ten- 
 ant at will or by sufferance, requiring him 
 to remove from the premises. 1 N'. Y. 
 Rev. St. [745,] 737, § 7. 
 
 NOTICE OF TRIAL. In practice. A 
 notice in writing, given by the plaintiff in 
 an action at law, or his attorney, to the 
 defendant or his attorney, entitled in the 
 cause, and properly dated, addressed -and 
 subscribed ; stating that the cause will be 
 brought to trial at the next term or sit- 
 tings, of the court. 
 
 NOTIO. Lat. [from noscere, to know.] 
 In the civil law. The power of hearing 
 and trying a matter of fact ; the power or 
 authority of a judex; the power of hear- 
 ing causes and of pronouncing sentence, 
 without any degree of jurisdiction. Hal- 
 
NOV 
 
 (246) 
 
 NOV 
 
 tifax, Anal. b. 3, ch. 8, num. 3, 6. Calv. 
 Lex. 
 
 In a more general sense, notio included 
 both coffnitio, (cogmzaDce,y imdjurisdiciio, 
 (jnrisdietion.) i'l^'. 50. 16. 99, pr. Calv. 
 Lex. 
 
 NOTITIA. Lat. [from notus, known, 
 or noscere, to know.] In the civil law. 
 Knowledge; information; intelligence. 
 
 In old practice. Notice. Inde noti- 
 tiam habuit; had notice thereof. 1 Ld. 
 Raym. 10, 11. Notitia non debet claudi- 
 care ; notice ought not to be lame or im- 
 perfect. 6 Co. 29 b, Greenes case. 
 
 NOTORIAL. The Scotch form of 
 notarial, (q. v.) Bell's Diet. 
 
 NOTOUR. Sc. In Scotch law. Open; 
 public ; notorious ; as notour adultery, 
 notour bankruptcy. Bell's Diet. voce. 
 Adultery, Bankrupt. 
 
 NOUN. L. Fr. [Lat. non.] Not ; no. 
 £ist ceo vostre fait ou noun ; is this your 
 deed or not. Tearb. T. 1 Edw. II. 8. 
 lifoun sire; no, sir. Id. T. 1 Edw. II. 13. 
 
 NOUN. L. Fr. [Lat. nomen.'] Name ; 
 a name. JFet Assaver, § 33. 
 
 Nora constitutio futuris formam impo- 
 nere debet, non prscteritis. A new statute 
 or enactment ought to prescribe form to 
 future acts, not to those that are past. 2 
 Inst. 292. A legislative enactment ought 
 to be prospective in its operation, and not 
 retrospective. Broom's Max. 14, [28.] 
 See Omnis nova, &c. 
 
 NOVA STATUTA. L. Lat. New or 
 later statutes. A name given to the Eng- 
 lish statutes from the beginning of the 
 reign of Edward III. 3 Beeves' Hist. Eng. 
 Law, 143. 
 
 NOV^ NARRATIONES. L. Lat. 
 New counts or tales; in old English, new 
 talys. 3 Bl. Com. 29V. A collection of 
 forms, published in the reign' of Edward 
 III. containing the pleadings in the ac- 
 tions then in practice. It consists princi- 
 pally of declarations, as the title indicates, 
 but occasionally of pleas and subsequent 
 pleadings. 3 Beeves' ■ Hist. Eng. Law, 
 151, 152. Gfabh's Hist. 330. 
 
 NO VALE. Lat. Land newly plough- 
 ed, or that had not been tilled ' before 
 within the memory of man. Cowell. 
 Spelman. 
 
 NO VALIS. Lat. [from novus, new.] In 
 the civil law. Land that rested a year after 
 the first ploughing. : Dig. 50. 16. 30. 2. 
 
 NOVATIO. Lat. [from novare, to make 
 new, from novus, new.] In the civil law. 
 
 Literally, a making new. A change of a 
 former debt or obligation into another of 
 the same or a different kind, either by a 
 change of the persons, called delegatio, 
 (q. v!) or by a change in the obligation, 
 the persons continuing the same. Inst. 
 3. 30. 3. Dig. 46. 2i Cod. 8. 42. Hal- 
 lifax. Anal. b. 2, ch. 20, num. 8. Heinecc. 
 Elem. Jur. Civ. lib. 3, tit. 30, § 1011, et 
 seq. This term, translated or converted 
 into novation, is extensively used in mod- 
 ern civil law, and in the jurisprudence of 
 Holland, Spain, France, Scotland and the 
 state of Louisiana. Burge on Suretyship, 
 166. Called in Fleta, innovatio. Fleta, 
 lib. 2, c. 60, § 12. 
 
 Novatio non prsBsumitnr. Novation is 
 not presumed. Halk. Moac. 109. 
 
 NOVATION, [from Lat. JiowtiOj.q. v.] 
 In modem civil and general law. A change 
 of one debt Or obligation into another; a 
 substitution of a new debt or obligation 
 for an old one. Story on Bills, § 441. 
 Burge on Suretyship, i66. 19 Johns. R. 
 129, 133. The substitution of a new bill 
 of exchange in lieu of, and taking up the 
 old bill, is a familiar example of novation. 
 Story on Bills, § 441. Called in Scotch 
 law, innovation, (q. v.) 
 
 NOVEL. L. Fr. New; recent. De 
 novel; anew. Kelham. Novel assignment; 
 a new assignment, (q. v.) Novel disseisin; 
 recent disseisin. See Assise of novel diS" 
 seisin. Un novel trial ; a new trial. T. 
 Jan. 163. 
 
 NOVELLA, (or NOVELLA CON- 
 STITUTIONES.) • New Constitutions; 
 generally translated in English, Novels. 
 The Latin name of those constitutions 
 which were issued by Justinian after the 
 publication of his Code ; most of them be- 
 ing originally written in Greek, and pub- 
 lished under the name of Ntapai Aiara^ei;; 
 
 After his death, a collection of 168 Novels 
 was made, 154 of which had been issued 
 by Justinian, and the rest by his succes- 
 sors. These were afterwards included in 
 the Corpus Juris Civilis, (q. v.) and now 
 constitute one of its four principal divi- 
 sions. 1 Mdckeld. Civ. Law, 59, § 11. 
 Tayl. Civ. Law, 22. 1 Kent's Com. 641. 
 See Authentics. 
 
 NOVELS. The title given in English 
 to the New Constitutions {Novellce Consti- 
 tutiones) of Justinian and his successors, 
 now forming a part of the Corpus Juris 
 Civilis. 1 Kent's Com. 541. 1 Bl. Com. 
 81. See Novellce. 
 
NOV 
 
 (247) 
 
 NUD 
 
 . NOVERCA. Lat. In the civil law. 
 A stepmother. Inst. 1. 10. 7. Dig. 38. 
 10. 4. 6. 
 
 NOVERINT UNIVERSI. L. Lat 
 Know all men. Introductory words of 
 conveyances in England, from a very early 
 period. Fleta, lib. 2, c. 64, § 3. . 
 
 NOVERINT UNIVERSI PER PR^- 
 SENTES. L. Lat. Know all men by these 
 presents. "Words with which deeds, obli- 
 gations, letters of attprney and other in- 
 struments were formerly commenced. Litt. 
 sect- 445. Wesfs Symholeog. pars 1, lib. 
 2, sect. 102, 518, 522—625. 
 
 NOVI OPERIS NTJNCIATIO. Lat. 
 In the civil law. A protest against, or 
 prohibition of a new work. Where a per- 
 son began to build up or to pull down 
 something, (which was technically called 
 novum opus, a new work,) another person, 
 who feared that his right would be im- 
 paired thereby, might extra-judicially hin- 
 der the completion of the work, by pro- 
 testing before the workmen on the spot, or 
 before some one present representing the 
 owner, against flie prosecution of the 
 work, and forbidding the same. Dig. 39. 1. 
 /rf. 43. 24. Cot?. 8. 11. B6& Opus novum. 
 
 NOVIGILD. [from Lat. novem, nine, 
 and Sax. gild or geld, a payment.] In 
 Saxon law. A pecuniary satisfaction for 
 an injury, amounting to nine times the 
 value of the thing for which it was paid. 
 Spelman, voc. Geldum. 
 
 NOVISIMA REOOPILACION. Span. 
 (Latest compilation.) The title of a col- 
 lection of Spanish law compiled by order 
 of Dou Carlos IV. in 1805. 1 White's 
 Becop, 355. 2 Id. 99. Schmidts Civ. 
 Law, Introd. 81 — 85. 
 
 NOVITER AD NOTITIAM PER- 
 VENTA. L. Lat. Newly come to the 
 knowledge. A phrase in the practice of 
 the ecclesiastical courts. 3 Hagg. R. 365. 
 
 NOVITAS. Lat.. Novelty; newness. 
 Noritas non tam utilitale prodest qnam 
 novitatfr pertnrbat. A novelty does not 
 benefit, so much by its utility, as it disturbs 
 by its novelty. Jenk. Cent. 167, case 23. 
 
 NOVODAMUS. L.Lat. In old Scotch 
 law. (We give anew.) The name given 
 to a charter or clause in a charter, granting 
 a renewal of a right. BelPs Diet. 
 
 Novum judicium uon dat jus novum, 
 sed declarat antiquum. A new judgment 
 does not give or make hew law, but de- 
 clares the old. 10 Co. 42 a, Mary Por- 
 tington^s case. 
 
 NOVUM OPUS. Lat. In the civil 
 law. A new work. See JVovi opens nu»- 
 ciatio, Opus novum. 
 
 NOVUS. Lat. New. N'ovis injuriis 
 emersis, nova constituuntur remedia ; as 
 new injuries arise, new remedies are or- 
 dained. Fleta, lib. 2, c. 2, § 1. 
 
 N'R. A contraction of noster. N'ri, of 
 nostri ; IPrum, of nostrum. 1 Inst. Cler. 
 11. 
 
 NOW. Present. " The now plaintiff." 
 9 Mod. 31. 
 
 " NOW," in a will, is to be referred to 
 the date of the will, and not to the death 
 of the testator. 1 Jarman on Wills, 277, 
 278, (290, Perkins' ed. 1849.) See 1 P. 
 Wms. 597. 
 
 NOXA. Lat. [from nocere, to hurt.] 
 In the civil law. A slave who had com- 
 mitted an offence, or done any damage or 
 injury. Noxa est ipsum corpus quod nocuit, 
 id est servus ; Noxa is the body or person 
 itself that has done the harm, that is, th« 
 slave. Inst. 4. 8. 1. 
 
 The obligation to make good an injury 
 committed by a slave, and which followed 
 the person of the slave, (Noxa sequitUT ca- 
 put.) Heinecc. Elem. Jur. Civ. lib. 4, tit. 
 8, § 1231. 
 
 An offence, (delictum.) Dig. 50. 16. 
 238. 3. Calv. Lex. Held to be a more" 
 general word than delictum. Id. 
 
 The punishment of an offence. Id. 
 
 NOXALIS ACTIO. Lat. In the civil 
 law. An action which lay against the 
 master of a slave, for some offence (as 
 theft or robbery,) committed, or damage 
 or injury done by the slave, who was called 
 noxa, (q. v.) Inst. 4. 8, pr. 5. Dig. 9. 4. 
 Cod. 3. 41. Usually translated noxal ac- 
 tion. Cooper's Transl. ibid. 
 
 NOXIA. Lat. In the civil law. An 
 offence committed, or damage done by a 
 slavCj or an animal. Dig. 9. 1. 1. 1. Inst. 
 4. 8. 1. 
 
 NOXIOUS. [Lat nocivus, q. v.] Hurt- 
 ful ; offensive ; offensive to the smell. 1 
 Burr. 337. The word noxious include* 
 the complex idea both of insalubrity and 
 offensiveness. Denison, J. Id. ibid. 
 
 Nuda pactio obligationem non parit. A 
 
 naked promise does not create an obliga- 
 tion. Dig. 2. 14. 7. 4. Broom's Max. 
 [584.] Nuda ratio et nuda pactio non lig- 
 ant aliquem debitorem ; naked reason and 
 naked promise do not bind any debtor 
 Fleta, lib. 2, & 60, § 25. 
 NUDE PACT. A common translatioa 
 
NUE 
 
 (248) 
 
 NUL 
 
 of the Lat. nudum pactum, (q. v.) 2 £1. 
 Com. 445. 2 Kent's Com. 464. A con- 
 tract without a consideration. Id. ibid. 
 A mere promise without mutuality. 12 
 Soward's B. 126. 
 
 NUDUM. Lat. Naked ; bare ; simple ; 
 pure ; having nothing about it ; unclothed 
 with any circumstance. See Nudum 
 pactum. 
 
 NUDUM PACTUM. Lat. In the 
 civil law. A naked, bare or mere pact, or 
 promise ; one that stands within the bare 
 limits of convention and pleasure, {c[uod in 
 nudis placiti et conventionis finihus subsis- 
 tit.^ Heinecc. Elem. Jur. Civ. lib. 3, tit. 
 14, § 777. One that has nothing about 
 it, either special name or cause, (conside- 
 ration,) or contract wherewith to cover it. 
 Calv. Lex. citing Bartolus and others. A 
 pactum or pact, it will be observed, was 
 not a contract in the technical sense of the 
 words. Heirkcc. El. J. C. lib. 3, tit. 14, 
 §§ 774, 775, 776. See Pactum. 
 
 Bracton uses the phrase nudum pactum, 
 though he gives to pactum the broader 
 sense of contract, making in fact little dis- 
 tinction between them. He distinguishes 
 pacts or agreements into such as were 
 naked, (nuda,) and such as were clothed, 
 (yestita ;) and enumerates in a Latin coup- 
 let the six kinds of vestments, (vestim^rita,) 
 or clothing, which were essential to give 
 them legal efficacy. Bract, fol. 16 b, 99. 
 Fleta, lib. 2, o. 56, § 4. 
 
 In modern law, nudum pactum is con- 
 stantly used to denote a contract without 
 consideration. 2 £1. Com. 445. 2 Kent's 
 Com. 464. This is founded on the broad 
 terms of the civil law, — (nudum pactum 
 [or rather nuda pactio] est ubi nulla subest 
 causa prceter [propter jconventionem,) with- 
 out reference to the stricter and technical 
 meaning of the words. Diff. 2. 14. 7. 4. 
 Plowd. 309 a. Broom's Max. 336, [583.] 
 See 1 Spence's Chancery, 186, note (f.) 
 
 Ex nndo pacto non oritur [naseitnr] actio. 
 
 Out of a naked pact or promise, no action 
 arises. Cod. 2. 3. 10. Id. 5. 14. 1. £ract. 
 fol. 99. . Fleta, lib. 2, c. 56, § 3. A nu- 
 dum pactum, in the civil law, afforded no 
 ground for an action, but it might be the 
 subject of an exception or plea ; (Nnda paCtiO 
 
 obligationem non parit, ged pant eiceptionem.) 
 
 Diff. 2. 14. 7. 4. Heinecc. El. J. C. lib. 
 3, tit. 14, § 777. 
 
 NUE. L. Fr. Nude; naked; bare. 
 Ascun [contracted est nue, et sauns garner 
 ment, et ascun vestue ; one kind of con- 
 
 tract is naked and without clothing, and 
 another kind is clothed. £ritt. c. 28. 
 
 NUEVA RECOPILACION. Span. 
 (New Compilation.) The title of a code of 
 Spanish law, promulgated in the year 1567. 
 Schmidt's Civ. Law, Introd. 79 — 81. 
 
 NUICTANTER. L. Fr. By night. 
 Yearb. M. 9 Edw. IIL 17. 
 
 NUISANCE, Nusanee. [from L. Fr. 
 noysaunce, nosaunce, (q. v. ;) L. Lat. nocu- 
 mentum."] Annoyance ; any thing that 
 worketh hurt, inconvenience or damage. 
 3 £1. Com. 215. Hale's Anal. sect. xlii. — 
 Annoyance done to one's hereditament. 
 Finch's Law, b. 3, c. 2. — Any thing that 
 annoys, incommodes or offends ; any thing 
 that renders the enjoyment of life and 
 property uncomfortable. See 9 Co. 58 a, 
 William Aldred's case. Lord Mansfield, 1 
 £urr. 337. Cowen, J. 5 Hill's (N. Y.) i2. 121, 
 123. See United States Digest, Nuisance. 
 See Common nuisance. Private nuisance. 
 
 NUISANCE, Assise of. In old prac- 
 tice. A judicial writ directed to the sher- 
 iff of the county in which a nuisance ex- 
 isted, in which it was stated that the party 
 injured complained of some particular fact 
 done ad nocumentum liberi ienementi sui, (to 
 the nuisance of his freehold,) and com- 
 manding the sheriff to summon an assise, 
 (that is, a jury) to view the premises, and 
 have them at the next commission of as- 
 sises, that justice might be done, &c. 3 
 £1. Com. 221. 
 
 A writ of nuisance modelled after this 
 assise, has been in occasional use in Amer- 
 ican practice, but it has been deemed ob- 
 solete by the courts, and not encouraged. 
 17 Wendell's B. 441. 1 Denio'sB. 436. 
 The modern remedy for a nuisance, both 
 in England and the United States, is an 
 action on the case. 
 
 NUL. L. Fr. [from Lat. nullus.^ No ; 
 none. See infra. 
 
 NUL DISSEISIN. L. Fr. (No dis- 
 seisin.) In old practice. The general is- 
 sue in a real action. 3 £1. Com. 305. 
 Lord Coke unites it with nul tort, as the 
 general issue in assise. Co. Litt. 283 a. 
 Boseoe's Beal Act. 227. 
 
 NUL AGARD, (no award ;) NUL FAIT 
 AGARD, (no award made.) L. Fr. In 
 practice. The name of a plea denying 
 that an award has been made. £illing on 
 Awards, 279, 281. 
 
 Nnl prendra advantage de son tort de- 
 mesne. No one shall take advantage of 
 his own wrong. 2 Inst. 713. £ranch's 
 
NUL 
 
 (249) 
 
 NUL 
 
 Pr. A wrongful or fraudulent act shall 
 not be allowed to conduce to the advantage 
 of the party who committed it. BroorrCs 
 Max. 322, [217.] 
 
 NUL TIEL RECORD. L. Fr. (No 
 such record.) In practice. The general 
 plea in an action of debt upon matter of 
 record, (as upon a judgment,) denying its 
 existence. 2 Tidd's Pr. V42, 
 
 The name of the replication to a plea of 
 matter of record. Id. ibid. 
 
 The issue rising upon a plea or replica- 
 tion of nul tiel record. Id. ibid. 
 
 NUL TORT. L. Fr. (No wrong.) In 
 old practice. A species of general issue 
 in a real action or assise. 3 Bl. Com. 305. 
 See Nul disseisin.. 
 
 NUL WAST FAIT. L. Fr. (No 
 waste done.) In old practice. The gene- 
 ral issue in an action of waste. Boscoe's 
 Real Act. 242. Oo. Litt. 283 a. 
 
 NULL, [from Lat. nullus, none.] 
 Naught ; of no validity or effect. Usually 
 coupled with the word void, as " null and 
 void." 
 
 NULLA BONA. L. Lat. (No goods.) 
 In practice. The technical name of the 
 return made by a sheriff to a writ of Jieri 
 facias, where the party named in the writ 
 has 710 property which can be levied on. 
 2 ■Tidd's Pr. 1018. 1 Arch. Pr. 279. 
 Derived from the emphatic words of the 
 old return. 
 
 Nulla curia quae recoTdum uon habet, po- 
 test imponere fiuem, uepe aliquem maudare 
 earceri. No court which has not a record 
 can impose a fine, or commit any one to 
 prison. 8 Co. 61 a, Beecher's case. 
 
 Nulla impossibilia, aut inbonesta sunt 
 
 {reesumenda ; vera autem, et bouesta et possi- 
 ilia. No things tjhat are impossible or 
 dishonorable are to be presumed ; but 
 things that are true and honorable and 
 possible. Co. Litt. 78 b. 
 
 Nulla pactioue effici potest ut dolus prses- 
 letur. By no agreement can it be effected 
 that a fraud shall be practised. Fraud 
 will not be upheld, though it may seem to 
 be authorized by express agreenient. 5 
 M. <t S. 466. Broom's Max. 809, [545.] 
 
 Nnilc terre saus seigneur. No land with- 
 out a lord. A maxim of feudal law. 
 Ouyot, Inst. Feod. ch. 28. 
 
 NULLITY. Want of legal efficacy. 
 
 Nothing ; no proceeding ; an act or 
 proceeding in a cause, which the opposite 
 party may treat as though it had not 
 taken place. 
 
 NULLIUS FILIUS, Lat. [L. Fr. 
 nully fits.1 A son of nobody ; a bastard. 
 See Filius nullius. 
 
 Mlius homiuis auctoritas apud nos valere 
 debet, ut meliora uon sequeremur si quis at- 
 tulerit. The authority of no man ought 
 to prevail with us, so far as to prevent our 
 following better [opinions,] if any one 
 should present them. Co. Litt. 383 b. 
 
 NULLIUS IN BONIS. Lat. Among 
 the property of no person ; not a subject 
 of private property. Big. 1. 8. 1. See 
 In nullius bonis. 
 
 NULLIUS JURIS. Lat. In old Eng- 
 lish law. Of no legal force. Fleia, lib, 
 2, c. 60, § 24. 
 
 NULLI VBNDKMUS, NULL! NEGABIMUS, AUT 
 DIFFEKEMUS KBCTUM, AUT JUSTITIAM. To nO 
 
 one will we sell, to no one will we deny or 
 delay right or justice. Magna Charta, Johan. 
 c. 40. This clause occurs in the same words 
 in the charter of 1 Hen. III.- c. 33, and in 
 the charter A. D. 1217, c. 36. In the 
 charter of 9 Hen. III. c. 29, the reading 
 is vel justitiam. In the original articles 
 of Magna Carta, (c. 30,) the demand was, 
 Nb jus vbndatue, vel dipferatuk, vel 
 VBTiTDM SIT. See this clause variously 
 quoted. D.yer, 104 b. 1 P. Wms. 226. 
 2 Vern. 498. 
 
 NULLUM ARBITRIUM. L. Lat. In 
 old pleading. No award. 8 Mod. 212. 
 
 Nullum crimen majus est inobedicntia. 
 No crime is greater than disobedience, 
 Jenh. Cent. 77, case 48. Applied to the 
 refusal of an officer to return a writ. 
 Id. 
 
 Nullum exemplnm est idem omnibus. 
 No example is the same for all purposes. 
 Co. Litt. 212 a. No one precedent is 
 adapted to all cases. A maxim in convey- 
 ancing. 
 
 Nullum iniqnum est priesumendum in 
 
 jure. Nothing unjust is to be presumed 
 in law. 4 Co. 72 a. Cruel, oppressive or 
 tortious conduct will not be presumed. 
 Best on Evid. 336, § 298. Another form 
 is Nullum iniqnum in jure prssumitur, 
 See Freem. 82. 
 
 Nullum simile est idem. No like thing 
 is the same. 2 Bl. Com. 162. Similarity 
 is not identity.* To hold an estate as a 
 freehold, is not to have a freehold. 2 Bl. 
 Corn. ub. sup. A check nearly resembles 
 a bill of exchange, but it is not the same 
 thing. Story, J. 2 Story's R. 612. Part- 
 nership resembles both joint-tenancy and 
 tenancy in common, yet it differs from both 
 
NTJL 
 
 (2S0) 
 
 NUL 
 
 in important particulars.- Story on Partn. 
 §90. 
 
 Nallum simile qnatuor pedibns enrrit. 
 No simile runs upon four feet, (or all fours, 
 as it is otherwise expressed.) No simile 
 holds in every thing. - Oo, lAtt. 3 a. A- 
 nomus, Dial. 2, p. 155. Story, J. 2 Story's 
 E. 143. 
 
 NULLUM TEMPUS ACT. The stat^ 
 ute of 9 Geo. IIL c. 16, so called. Perk. 
 ch. 1, sect. 29, note. 
 
 Nullum tempus occurrit regi. No time 
 
 bars (or runs gainst) the king. Otherwise 
 
 expressed, NuUum tempus nec locus occurrit 
 
 resi. 2 InsU 21%. Jenk. Cerit. 83, case 
 62. Lapse of time does not bar the right 
 of the Grown. Broom's Max. 21, [46.] 
 The law determines that in -the king can 
 be no negligence or laches, and therefore 
 no delay will bar his right. 1 £1. Com. 
 247. See 2 Id. 259, 277. This maxim 
 seems to have been derived from the Nul- 
 lum tempus currit contra regem, of Bracton. 
 
 Bract, fol. 103, 56. See Currere. It has 
 been largely qualified by statute in modem 
 times, and indeed has always been subject 
 to exceptions. Broom's Max. 28, [47.] 
 Currit tempus contra regem sicut contira 
 quamlibet privatam personam ; time (in 
 certain cases) runs against the king, as 
 against any private person. Bract, fol. 14, 
 56. This maxim, under the form Nullum 
 tempus occurrit reipublicffi, (q. v.) has been 
 applied, in some of the United States, to 
 rights of action on the part of the govern- 
 ment. See 2 Milliard's Real Prop. 173. 
 11 Grattan's R. 572. 5 Texas R. 410. 
 16 Id. 305. 5 McLean's R. 133. 19 
 Missouri R. 607. 
 
 Nullum tempus occurrit reipublicffi, No 
 
 time runs [time does not run] against the 
 commonwealth or state. 11 Grattan's R. 
 572. 
 
 NULLUS. Lat. No ; no person. See 
 infra. 
 
 Null ; void ; of no force. 
 
 Nullus commodum capere potest de injuria 
 
 sua propria. No man [sbdl] can take ad- 
 vantage of his own wrong. Go. LitU 148 b. 
 Broom's Max. [209.] 
 
 Nullns idonens testis in re sua intelligitur, 
 
 No person is understood to be a competent 
 witness in his own cause. Dig. 22i. 5. 10. 
 Story, J. 1 Sumner's R. 328, 344. See 
 Nemo- in propria causa testis, &o. 
 Nullus jus alicnum forisfacere potest. No 
 
 man can forfeit another's right. Fleta, 
 lib. I,c28, § 11. 
 
 Nullus videtur dolo facere, qui sno jure 
 
 utitur. No man is considered a wrong- 
 doer, who avails himself of his own right. 
 Dig. 50. 17. 55. Broom's Max. [95.] 
 Nullus liber homo capiatub, vel im- 
 
 PKISONETUR, AUT DISSEISIETUR DE [aLIQUo] 
 
 libero tbnemento suo, vel libertatibu8 
 vel liberis c0nsuetudinibu8 buis, aut 
 utlagetub, aut exuletur, aut aliquo 
 [alio] modo destruatub, nisi per LEOALK 
 judicium pabium suorum, vel per legem 
 TERR.E. ; No freeman shall be taken or im- 
 prisoned, or disseised of [any] his free- 
 hold, or his liberties or free customs, or 
 be outlawed, or exiled, or in any [other] 
 manner destroyed, unless by the lawfij 
 judgment of his peers, or by the law 
 of the land. Magna Charta, 9 Hen. 
 IIL c. 29. The most celebrated clause in 
 Magna Charta, and the substance of which 
 has been incorporated into the constitu- 
 tions, or bills of rights, of most of the 
 United States. 
 
 *;^* The above extract is taken from 
 the Charter of 9 Henry IIL The Charter 
 of King John presents quite a different 
 reading. It may be interesting to trace 
 the clause throtigh the different forms it 
 took in the different charters, as they were 
 granted by John and Henry III. 
 
 Before the Charter had been extorted 
 from King John, or even its articles agreed 
 upon, the king offered to refer all differ- 
 ences between him and his barons to the 
 Holy See and eight other arbitrators. The 
 letters patent by which the offer was made, 
 contained the following clause : Soiatis 
 
 NOS CONCESSISSE BARONIBUS NOSTRIS QUI 
 CONTRA NOS SUNT, QUOD NEC EOS, NEC 
 HOMINES SUOS, CAPIBMUS NEC'dISSEISIEMUS, 
 NEC SUPER EOS PER VIM VEL PER ARMA 
 IBIMUS, NISI PER LEGEM REGNI NOSTRI, VEL 
 PER JUDICIUM PARIUM SUOBUM IN CURIA 
 
 NOSTRA, &c. (Know ye, that we have 
 granted to our barons who are against us, 
 that we will neither take nor disseise them, 
 nor their men, nor will we go upon [pro- 
 ceed against] them by force or by arms, 
 unless by [in accordance with] the law of 
 our realm, or by the judgment of their 
 peers in our court, &c.) Pat. 16 Johan. 
 pars 1, m. 3, d. n. 2. Blackst. Mag.: Cart. 
 Introd. xxi. The words of this instrument 
 appear to have been had in view in draw- 
 ing the original Articles of King John's 
 Charter, the twenty-ninth ch^ter of which 
 stipulates as follows : 
 
 Ns CORPUS LIBERI HOMUflS CAPIATUB, 
 
NUL 
 
 (251) 
 
 NUN 
 
 NEC IMPRISONETTJR, NBC DISSAISIETUK, KBO 
 UTLAGETUBi NEC EJCTJIKTUR, NEC ALIQUO 
 MODO DESTRUATDR ; NEC REX EAT VKL 
 MITTAT SUPER EUM VI, NISI PER JUDICIUM 
 PARIUM SUORUM, VEL PER LEGEM TERR^B. 
 
 (That the body of a freeman shall not be 
 taken, nor imprisoned, nor disseised, nor 
 outlawed; nor exiled, nor in any manner 
 destroyed; nor shall tlie king go or send 
 upon him by force, [i. e. shall not himself 
 forcibly proceed against, him, nor send 
 others to proceed in Mb name,] unless by 
 the judgment of his peers, or by the law 
 of the land.) Artie. Mag. Cart. Johan; 
 c. 29. In the Charter, as actually granted 
 by the king, the words of the articles are 
 as follows : 
 
 NuLliUS LIBER HOMO CAPIATUR, VEL IM- 
 PRISONETUR, AUT DISSAISIATUR, AUT UTLA- 
 GETUB, AUT ALIQUO MODO DESTRUATUR; 
 NBC SUPER BUM IBIMUS, NEC SUPER BUM 
 MITTKMUS, NISI PER LEGALE JUDICIUM 
 PARIUM SUORUM, VEL PER LEGEM TERR^. 
 
 (No freeman shall be taken, or imprisoned, 
 or disseised, or outlawed, or in any manner 
 destroyed ; nor will we go upon him, nor 
 will we send upon him, unless by the law- 
 ful judgment of his peers, or by the law of 
 the land.) Magi Cart. Reg. Johan. c. 39. 
 In the Charter of 1 Henry III. no other 
 change was made than the addition of two 
 words, as in the following : 
 
 NULLUS LIBER HOMO CAPIATUR, VEL IM- 
 PEISONBTUE, VEL DISSEISIATUR, AUT UTEA- 
 GKTUR, [aUT BXULET,] AUT ALIQUO ALIO MODO 
 
 DESTEUATUE, (fcc. Mag. Cart. 1 Hen. III. 
 c. 32. In the Charter of Hen. III. dated 
 A. D. 1217, some additional words were 
 introduced, more fully expressive : of dis- 
 seisin, as follows : 
 
 NuLLUS LIBER HOMO CAPIATUR, VEL 
 IMPRISONBTUB, AUT DISSAISIETUR DB LIBBRO 
 TBNEMENTO SUO,. VEL LIBBRTATIBUS VEL 
 LIBERIS CONSUETUDINIBUS SUIS, AUT UTLA- 
 GETUE, AUT EXULBTUR, AUT ALIQUO ALIO 
 
 MODO DESTRUATUR, &c. (No freeman 
 shall be taken, or imprisoned, or disseised 
 of his freehold, or of his liberties or free 
 customs, or outlawed, or exiled, or in any 
 other manner destroved, &c.) Owrt. Hen. 
 III. A. D. 1217, c. 35. This is in nearly 
 the same words with the Charter of 9 Hen. 
 III. first above quoted. 
 
 The expression nec super bum ibimus, 
 NEC SUPER BUM MiTTEMUs, in King Johu's 
 Charter, (omitted in- that of 9 Hen. III.) 
 has been made the subject of considerable i 
 criticism. See the argument of Mr. Sel- 
 
 den before parliament, on the liberty of 
 the subject. 3 State Trials, 18, 79. Its 
 meaning, however, seems to bo sufficiently 
 explained by the other instruments above 
 quoted.' The expression vel per legem 
 TEREJi), has also occasioned much discus- 
 sion. See Lex terra. 
 
 Nnllus recedat c curia cancellaiia sine 
 remedio. No person should depart from 
 the court of chancery without a remedy. 
 4 Hen. VII. 4. . Branches Princ. 
 
 NJJLLUY, mily.,I^ullui. L. Fr. None; 
 nO one. .Sn nuly Mens.; in no one's goods, 
 (in nulUus bonis.) Kelham. 
 
 NUMERATA PECUNIA. Lat. In 
 the civil law. Money told or counted ; 
 money paid by tale. Inst. 3.2ii2. Bract. 
 fol. 35. 
 
 NUMMATA TERR^. L. Lat. In 
 old records. A quantity of land, thought 
 to contain an acre. Cornell. 
 
 NUMMULARIUS. Lat. [from num- 
 mus, money.] In the Roman law. A 
 money-lender, or money-changer ; a bank- 
 er. Cod. 11. 17. 1, pr. Adam' J Bom. 
 Ant. 546. See Argentarius. 
 
 NUMMUS. Lat. Money. Commonly 
 derived from Gr. m^os, law, as being origi- 
 nally established by law. Co. lAtt. 207 b. 
 But Calvin prefers to derive it from nume- 
 rus, number. Calv. Lex. 
 
 NUNC PRO TUNC. L. Lat. In prac- 
 tice. Now for then. A term applied to 
 such acts (as the entry of a judgment) as 
 are allowed to be done after the time when 
 they should have been done, and with the 
 same effect as if they had been done at the 
 proper time ; the doing of the act now, 
 (wMjic,) that is, at the time when it is 
 actually done, being' allowed .to pass as a 
 substitute and equivalent for (pro) doing 
 it then (tunc^ or before. 1 Stra. 639. 2 
 Tidd's Pr. 932. See 1 Williams on Exec. 
 762, 763. 
 
 ' NUNCIATIO; Nuntiatio. Lat. In 
 the civil law. A solemn declaration, 
 usually in prohibition of a thing ; a pro- 
 test. Dig. 39. 1. See Novi operis nun- 
 ciatio. 
 
 NUNCUPARE. Lat. In the civil law. 
 To name ; to pronounce orally, or in words 
 without writing. JVuncupare hceredem ; 
 to name one's heir viva voctj before wit- 
 nesses. Calv, Lex, 
 
 NUNCUPATIVE WILL. A will or 
 testament orally made or declared before 
 witnesses, and afterwards reduced to writ- 
 ing;, a will not made in writing; an un- 
 
NUN 
 
 (252) 
 
 Nxnr 
 
 written will* 2 Bl. Com. 500. A term 
 derived from the civil law. See Nuncwpare, 
 
 Nuncupative wills have been recently- 
 abolished in England, by statute 1 Vict, 
 c. 26, § 9, with an exception in the case of 
 soldiers in actual military service, and 
 mariners and" seamen at sea. Id. § 11. 
 See 1 Williams on Exec. 96. This is in 
 accordance with the present law in New- 
 Tort. 2 N. Y. Rev. Stat. [60,] 4, § 22. 
 As to the law in other states, see 1 Jar- 
 man on Wills, (Perkins' ed. 1849,) 130, 
 131, notes. United States Digest, Will. 
 Nuncupative wills have never been regarded 
 with favor by the courts, and when they 
 are allowed, much greater strictness is 
 required in the proof of them than in the 
 proof of written wills. See 27 Mississippi 
 B. 119. 
 
 NUNDIN^. Lat. In civil and old 
 English law. A fair; fairs. Dig. 50. 11. 
 Cod. 4. 60. In nundinis et mercatis ; in 
 fairs and markets. Bract, fol. 56. Fleta, 
 lib. 2, c. 63, § T ; c. 64, § 23. 
 
 NUNQTJAM. Lat. Never. Nunquam 
 fuit ballivus ejus, vel mercator, vel denor 
 riorum suorum receptor, vel administrator ; 
 never was his bailiff or merchant, or re- 
 ceiver of his moneys, or his administrator 
 (manager.) Fleta, lib. 2, c. 70, § 9. See 
 infra. 
 
 NUNQUAM INDEBITATUS. L. Lat. 
 Never indebted. The name of the plea 
 now substituted in England for nil debet, 
 as the general issue in debt on simple con- 
 tract. 3 Steph. Com. 577. 1 Arch. Nisi 
 Prius, 202. 
 
 Nunquam crescit i\ postfacto prsteriti 
 delicti ffistimatio. The character of a past 
 offence is never aggravated by a subsequent 
 act or matter. Dig. 50. 17. 138. 1. A 
 maxim adopted by Lord Bacon, with mere- 
 ly a change in the order of the words. 
 Bacon's Max. 38, reg. 8. See JEstimaivo. 
 
 Nunquam decurritur ad extraordinarium 
 scd ubi deficit ordinarium. We are never 
 to resort to what is extraordinary, but 
 where [until] what is ordinary fails. 4 
 Inst. 84. 
 
 Nunquam prsscribitur in falso. There is 
 never a [no] prescription in case of false- 
 hood, or forgery. A maxim in Scotch 
 law. BelVs Diet. 
 
 Nunquam prospere succedunt res linmanJB, 
 ubi neglignntur divina). Human things 
 
 [affairs] never prosper where divine things 
 
 are neglected. Wingate's Max. 6, max. 2. 
 
 NUNTIUS, Nuncius. Lat. In old 
 
 English practice. A messenger. One who 
 was sent to make an excuse for a party 
 summoned, or one who explained as for a 
 friend {jjuasi pro ajjtico,) the reason of a 
 party's absence. Bract, fol. 345. This 
 was not the same as an essoiner, {essonia- 
 tor.) Id. ibid. 1 Reeves' Hist. 413. 
 
 An officer of a court ; a summoner, ap- 
 paritor or beadle. Cowell. 
 
 NUPER. Lat. Late; lately. Nuper 
 vicecomes ; late sheriff. Nuper de facto, 
 et non de jure, reges Anglice ; lately kings 
 of England in fact, and not of right. 1 Bl. 
 Com. 204. 
 
 NUPER OBIIT. L.Lat. (Lately died.) 
 In old English practice. An ancestral 
 writ brought to establish an equal divi- 
 sion of land, where, on the death of an 
 ancestor who had several heirs, one of 
 them entered and held the others out of 
 possession. 3 Bl. Com. 186. F. N. B. 
 197. Roscoe's Real Act. 127, 128. The 
 name was derived from that clause of the 
 writ which referred to the ancestor qui 
 nuper obiit, ut dicitur, (who lately died, as 
 is said.) Reg. Orig. 226. 
 
 NUPTI^. Lat. [from nubere, to cover 
 or veil.] In the civil law. Marriage ; 
 nuptials ; the union of man and woman ; 
 companionship for all life, (conjunctio 
 maris et femince, et consortium ornnis vitce.) 
 Dig. 23. 2. 1. See Cod. 5. 4. Justinian 
 uses nuptice and matrimonium as synony- 
 mous. Inst. 1.9.1. Properly, the nuptial 
 ceremony. Calv. Lex. Tayl. Civ. Law, 
 
 269, 274. See Consensus non, &c. 
 
 NUPTI^ SECUND^. Lat. In the 
 canon law. A second marriage ; any mar- 
 riage after the first. The canon law put 
 a mark of disapprobation upon nuptice 
 secundcs, for so they termed every marriage 
 after the first; no benediction could be 
 pronounced, nor could any priest be present 
 at the celebration of them. Corvin. Jus 
 Canon. 108, 109, 110. Launc. Inst. 
 Jur. Can. lib. 2, tit. 16. 4 Reeves' Hist. 
 63. 
 
 NURUS. Lat. In the civil law. A 
 son's wife, {^filii uxor,) a daughter-in-law. 
 Dig. 38. 10. 4. 6. See Id. 50. 16. 50. 
 
 NUSANCE. The old form of nuisance. 
 Hale's Anal. sect. xlii. 
 
 NUTAUNTRE, Nutander, Nuictander. 
 L. Fr. By night. Ou nutauntre ou de 
 jour ; by night or by day. Britt. c. 47. 
 Tearb. P. 10 Edw. IIL 37. 
 
 NUYT, Nute. L. Fr. Night. Britt. 
 c. 80. 
 
OAT 
 O. 
 
 (253) 
 
 OB 
 
 O. C. An abbreviation, in tbe civil law, 
 for ope conSilio, (q. v.) 
 
 OATH. [O.Eng. oiAe; Sax.ath; Lat. 
 juramentum, jusjurandum, sacramentum ; 
 L. Fr. serement.'] A declaration or promise, 
 corroborated or confirmed by an appeal to 
 God. A declaration or promise by a per- 
 son, before an authorized ofiicer, that what 
 he has said or is about to say is true, or 
 that he will faithfully do a certain act, or 
 perform a certain duty ; corroborated by 
 an appeal to the Deity to witness the sin- 
 cerity of the declaration. 
 
 A declaration or promise corroborated 
 by an appeal to God, and accompanied by 
 some outward manual act or form, — usually 
 that of touching and- kissing the gospels. 
 See Corporal oath. 
 
 *^* An oath may refer to something al- 
 ready done, or to something to be done. 
 Thus, the oath of a witness, testifying orally, 
 is that the evidence which he is about to give 
 shall be the truth : the oath of a party 
 making an affidavit is that what he has 
 said is true ; the oath of a juror is that he 
 will try the issue between the parties and 
 give a true verdict according to the evi- 
 dence; the oath of office is that the party 
 swearing will faithfully discharge its duties. 
 
 An oath, considered with reference to its 
 words, obviously consists of two parts : a 
 declaration of what the parties will do, or a 
 declaration in refejrence to what he has 
 done, and an appeal to the Deity by way 
 of attestation or confirmation of it: the 
 latter being expressed by the concluding 
 clause, " So help you God," or " So help 
 me God." In this appeal, the essence and 
 force of the oath consist. Hence an oath 
 is said by Paley to be " the calling upon 
 God to wit&ess, that is, to take notice of 
 what we say, and invoking his vengeance, 
 or renouncing his favor, if what we say be 
 false, or what we promise be not per- 
 formed." Faley's Mor. Fhilh. 3, c. 16. 
 So, in Rex v. White, an oath is defined to 
 be " a religious asseveration by which a 
 person renounces the mercy and imprecates 
 the vengeance of Heaven, if he do not speak 
 the truth," 1 Leach Cr. L. 430.. And 
 this . was the idea of an oath from the 
 earliest period, it being defined by Britton 
 to be " a judicial affirmation in any matter 
 whereof a man is charged on peril of his 
 soul to say the truth," {en peril de sa alme 
 a dire verite.) Britt.c.9'1. The impreca- 
 
 tion of vengeance, however, is rather im- 
 plied than expressed, the true import of the 
 words ' " So help me God" being, that the 
 party puts his future and eternal welfare on 
 the condition of what he says being the 
 truth. " So," that is, in such event, " may 
 God help or aid me," that ig, be merciful 
 to me hereafter. And this idea is more 
 fully brought out in some of the older Eng- 
 lish forms: "So God me help at the holy 
 dome," " So help me God at his holy dome," 
 that is, the doom or judgment. See Dome, 
 So help me God, 
 
 The act or ceremony by which the taking 
 of an oath is accompanied and expressed, 
 is now usually (as it has been from the 
 earliest times) that of laying the hand upon 
 and Teissing the gospels ; but in place of 
 this, parties are often allowed to swear by 
 lifting up the right hand, and in some cases, 
 without any manual act whatever. 2 N. 
 Y. Bev. St. [407, § 108,] 329, § 83. See 
 Kissing the gospels, Uplifted hand. The 
 importance of some act of this kind seems 
 to be greater now than formerly, since, in . 
 modern practice, the party swearing (ex- 
 cept in certain cases,) says nothing ; the 
 whole words of the oath being pronounced 
 by the officer to whom it is administered, and 
 all that the partyhimself does being mere- 
 ly in the way of assent. The entire form is 
 far less impressive than that of the ancient 
 practice, which placed the words of the 
 oath in the party's own mouth, it being 
 repeated in the first person throughout, and 
 sometimes with peculiar solemnity. Thus 
 the juror's oath on an assise was expressed 
 as follows : " Hear this, ye justices, that I 
 will speak the truth of this assise," &c. 
 " and that for nothing will I omit to speak 
 the truth. So help me God and these 
 holy gospels." Bract, fol. 186. Britt. c. 
 52. 
 
 OB. Lat. For ; on account of, {prop- 
 ter.') Brissonius. 
 
 About. Festus. 
 
 To, (in the sense of ad.) Used in this 
 sense in the Twelve Tables. Calv. Lex. 
 Ptcl tsizs 
 
 OB "CATJSAM ALIQUAM A RE 
 MARITIMO ORTAM. Lat. For some 
 cause arising out of a maritime matter. 1 
 Peters' Adm. Dec. 92. Said to be Selden's 
 translation of the French definition of ad- 
 miralty jurisdiction, ''pour le fait de la 
 fnfif Id ^oid 
 
 OB CONTINENTIAM DELIGTL Lat. 
 On account of the contaminating character 
 
OBL 
 
 (254) 
 
 OBL 
 
 of tlie offence. The Atalanta, 6 Rob. Adtn. 
 
 B. 440. 1 Kmfs Com. 152. 
 
 OB CONTINGENTIAM. Lat. In case 
 of Contingency. Lord Broughain, 7 5eZrs 
 App. Cas. l&Z. 
 
 OB FAVOREM MERCATORUM. Lat. 
 In favor of merchants. Fleta, lib. 2, c. 63, 
 §12. 
 
 OB TURPEM CAIJSAM. Lat. For 
 an immoral consideration. Dig. 12. 5. 
 
 OB^RATUS. Lat. In the Roman 
 law. A debtor who was obliged to serve 
 his creditor till his debt was discharged. 
 AdanCs Rom. Ant. 49. 
 
 OBEDIENTIA. Lat. [from ohediens, 
 from obedire, to obey.] Obedience ; sub- 
 mission. Obedientia est legis essentia. Obe- 
 dience is the essence of law. ' 11 Co. 100 a, 
 Boffg's case. 
 
 OBEDIENTIA. L. Lat. In old re- 
 cords. A kind of rent. Cowell. 
 
 In the canon law. An office, or the ad- 
 ministration of an office. Id. 
 
 OBIIT SINE PROLE. Lat. (He) died 
 without issue. Yearh. M. 1 Edw. II. 1. 
 
 OBIT, [from Lat. obitus, death.] In 
 old English law. A funeral solemnity, or 
 office for the dead. Cowell. 
 
 The anniversary of a person's death' ; the 
 anniversary office. Id. Cro. Jac. 51. 
 
 OBITER. Lat. [from obire, to pass.] 
 By the way ; in passing. " This point was 
 not the principal question in the case of 
 Clere and Brooke, but the law concerning 
 it is delivered obiter only, and in the course 
 of argument, by Justice Manwoode." 2 
 Bl. Com. 238. 
 
 OBITER DICTUM. L. Lat. An 
 opinion of a judge delivered or expressed 
 by the way, and not upon the point in ques- 
 tion before him. \Q Mod. 2Qd. Spencer, 
 
 C. J. \S Johns. B. 419. See Dictum. 
 OBLATI. L. Lat. In old European 
 
 law. Voluntary slaves of churches or 
 monasteries. 1 Robertson's Charles V. 
 Appendix, Note xx. 
 
 OBLATI ACTIO. Lat. In the civil 
 law. An action given to a party against 
 another who had offered to him a stolen 
 thing, which was found in his possession. 
 Inst. 3. 1. 4. 
 
 OBLATIO. Lat. In the civil law. 
 An offering or tender of money by a debtor 
 to his creditor, in payment of the debt. 
 Heinecc. Elem. Jur. Civ. lib. 3, tit. 30, 
 § 1007. 
 
 OBLIGACION. L. Fr. Obligation. 
 Obligacion est un lien de droit ; obligation 
 
 is a bond of law. Britt. c. 28. See Obli- 
 gation. 
 
 OBLIGATIO. Lat. In the civil and 
 old English law. Obligation. Defined by 
 Justinian to be " a bond of law, by which 
 we are necessarily bound to pay something 
 according to the laws of our country;" 
 (obligatio est juris vinculum quo necessitate 
 asiringimur alicujus rei solvendoe secundum 
 nostrce civitatis jura.) Inst. 3. 14, pr. See 
 Dig. 5. 1. 20. Id. 44. 7. Bracton has 
 adopted this definition with a modification 
 which is an obvious improvement. Obli- 
 gatio est juris vinculum, quo necessitate 
 astringimur ad aliquod dandum vel facien- 
 dum; obligation is a bond of law, by 
 which we are necessarily bound to give or 
 to do something. Bract, fol. 99. Meta, 
 lib. 2, c. 56, § 1. 
 
 In old practice. A bond, or writing 
 obligatory, (scriptum obligatorium.) 2 BL 
 Com. 340. 
 
 OBLIGATION. [L. Fr. obligacion, from 
 L^. obligatio; from obligare, to bind.] 
 Binding force or efficacy ; binding force in 
 law ; a binding or state of being bound in 
 law ; the effect of an act in binding a per- 
 son in law. Expressively called by Justinian, 
 Bracton, Britton and Fleta, a bond of law, 
 or legal chain or tie, {vinculum juris ; lien 
 de droit ;) a chain or bond put upon a per- 
 son by the law, compelling him to do some 
 act. See Obligatio, Obligacion. A duty 
 imposed by law, for the fulfilment of which 
 one party is bound to another.* The obli- 
 gation of a contract is the duty to perform 
 it. Story's Cmft. Laws, § 266. The legal 
 obligation of a contract is the right to per- 
 formance which the law confers on one 
 party, and the corresponding duty of per- 
 formance to which it binds the other. Id. 
 ibid. And see Poth. Obi. pr. 
 
 An instrument in writing by which a 
 party is bound in law; a bond, commonly 
 called a writing obligatory. Co. Litt. 
 172 a. 2 Bl. Com. 340. Lord Coke ob- 
 serves («<6. sup.) that obligation is a word of 
 large extent, but is commonly taken in the 
 common law.for a bond containing a pen- 
 alty, with condition for payment of money, 
 or to do or suffer some act or thing, &c. 
 
 OBLIGATION OF A CONTRACT. 
 The binding force of a contract ; the duty 
 to perform a contract. Story's Confi. 
 Laws, § 266. 
 
 OBLIGEE. Thff party to whom an- 
 other is bound; the party to whom a 
 bond is given. 2 Bl. Com. 340. 
 
OBT 
 
 (2SS) 
 
 OCG 
 
 OBLIGOR. A party who binds him- 
 self, as -by a bond ; the party by whom a 
 bond is given. 2 Bl. Com. 340. 
 
 OBLIQUUS. Lat. In the old law of 
 descents. Oblique ; cross ; transverse ; col- 
 lateral. The opposite of rer,tus, right or 
 upright. Fleta, lib. 5, c. 7, § 2. 
 
 In the law of evidence. Indirect ; cir- 
 cumstantial. VinniuSf tTurispr. Contr. 
 lib. 4, c. 25. 
 
 OBLITERATION. A blotting out of 
 writing. See Sasure. 
 
 OBOLATA TERR^. L. Lat. In old 
 English law. A measure of land, the 
 quantity of which was uncertain. Heff. 
 Orig. 1 b. Cowell. Spelman. 
 
 OBRA.^ Span, [from Lat. opera f\ In 
 Spanish law. Work. Obras ; works or 
 trades ; those which men carry on in 
 houses or covered places. White's New 
 Recop. b. 1, tit. 5, c. 3, 8 6. 
 
 OBREPTIO. Lat. [from obrepere, to 
 creep upon.] The obtaining a thing by 
 fraud or surprise. Galv. Lex. Galled, in 
 Scotch law, obreption. 
 
 OBROGARE. Lat. [from o6, priv. and 
 roffare, to pass a law.] In the. civil law. 
 To pass a law contrary tp a former law, or 
 to some clause of it ; to change a former 
 law in some part of it. Calv. Lex. Tayl. 
 Civ. Law, 156. 
 
 OBSES. Lat. In the law of war. A 
 hostage. Grotius de Jur. Bell. lib. 3, 
 c. 20, § 52. Ohsides ; hostages. Id. ibid. 
 Mag. Cart. Johan. c. 49. 
 
 OBSESSUM. Lat. [from obsidere, to 
 besiege or block up.] In the law of war. 
 Besieged. Oppidum obsessum ; a town 
 besieged. Grot, de Jur. Bell. lib. 3, c. 1,; 
 § 5. 1 Kenfs Com. 144. 
 
 OBSIGNARE. Lat. In the civil law. 
 To seal up, as money that had been ten- 
 dered and refused. Heinecc. El. Jur. Civ.\ 
 lib. 3, tit. 30, § 1007. 
 
 OBSOLETE. [Lat. obsoletus, from ob- 
 solere, to grow out of use.] Grown out of 
 use ; disused ; antiquated. 
 
 OBSTANTE. Lat. [from obstare, to 
 stand in the way.] Withstanding; hin- 
 dering. See iVbre obstante. i 
 
 OBSTUPARE. L. Lat. In old prac- 
 tice. To stop up. Obsiupavit et oh- 
 struxitj stopped and obstructed. 1 Ld. 
 Baym. 452. 3 Leon. 13. 1 Show. 252. 
 
 OBTEMPERARE. Lat. To obey. 
 Hence the Scotch obtemper, to obey or 
 Comply with a judgment of a court. 
 
 Brande. Obtemperandum est consuetudini 
 
 rationabili tanquam legi. A reasonable 
 
 custom is to be obeyed as law. . 4,Co. 38 b. 
 Tj/rringham's case. 
 
 OBTORTO COLLO. Lat. In the 
 Roman law. Taking by the neck or col- 
 lar ; as a plaintiff was allowed to drag a 
 reluctant defendant to court, {in jus ra- 
 pere.) Adam's Bom. Ant. 242. Gilb. 
 For. Rom. 20, 23. 
 
 OBTULIT SE. Lat. (Offered him- 
 self.) In old practice. The emphatic 
 words of entry on the record where one 
 party offered himself in court against the 
 •other, and the latter did not appear. 1 
 Beeves' Hist. 417. See Optulit. 
 
 OBVENTIO. Lat. [from obvenire, to 
 fall or come to.] In the civU law. A 
 kind of rent, or income. More commonly 
 used in the plural, (obvenfiones,) to denote 
 the profits accruing from a thing, as the 
 earnings of a vessel. See Exercitor navis. 
 
 In old English law, the rents or reve- 
 nues of spiritual livings are called obven- 
 tions. Stat. 12 Car. II. c. 11. 
 
 OCASION, Occasion. Span. In Span- 
 ish law. Accident. Las Partidas, part 3, 
 tit. 32, 1. 21. White's New Becop. b. 2, 
 tit. 9, c. 2. 
 
 OCCASIO. L. Lat. In old English law. 
 Molestation ; trouble ; hindrance ; vexation 
 by suit. Spelman. Cart, de Forest, c. \'i. 
 Barringt. Obs. Stat. 38, 39, note [k.} 
 
 OCCASlONARE. L. Lat. In old 
 practice. To trouble or molest ; to vex or 
 harass with litigation. Spelman. Fleta, 
 lib. 2, c. 66, § 20. Cart. Conf. 49 Hen. 
 
 m. 
 
 OCCASIONES. L. Lat. In old Eng- 
 lish law. Assarts. Spelman. 
 
 OCCISION. L. Fr. [from Lat. occisio, 
 from occidere, to kill.] A killing or slay- 
 ing. Murdre est occision de home. Britt. 
 c. 6. 
 
 OCCTJLTATIO. Lat. In old English 
 law. A hiding. Occultatio thesauri in- 
 venti fraudulosa ; the fraudulent conceal- 
 ment of treasure trove. Bract, fol. 119 b. 
 3 Inst. 133. 
 
 OCCUPANCY. {Ls.t.occupatio.'] The 
 taking possession of those things which 
 before belonged to nobody. 2 Bl. Com. 
 258. 1 Steph. Com. 415. See Comb. 
 290. — The .taking possession by any one, 
 of a thing of which there is no owner! 
 Brande. See Occupatio. 
 
 The right acquired by such taking pos- 
 session. Id. 2 Kent's Com. 317-^326. 
 See Occupant. 
 
OCT 
 
 (256) 
 
 OF 
 
 OCCUPANT, [from Lat. oceupans.] 
 In a general sense. One who tates pos- 
 session of a thing, of which there is no 
 
 owner, ^uod ante nnllins est, id natural! 
 ratione occnpanti conceditur. That which 
 belongs to no one, is by natural reason 
 given to the occupant. J)iff. 41. 1. 3. 
 
 One who takes possession of a thing 
 which has been abandoned. Occupantis 
 finnt derelicta. Things abandoned be- 
 come the property of the [first] occupant. 
 1 JPeters' Adm. Dec. 53. 
 
 In a special sense. One who takes pos- 
 session of lands held pur autre vie, after 
 the death of the tenant, and during the 
 life of the cestuy que vie. See General 
 occupant. Special occupant. 
 
 OCCUPARE. Lat. In the civil law. 
 To seize or take possession of; to enter 
 upon a vacant possession ; to take posses- 
 sion before another. Galv. Lex. 
 
 OCCTJPATIO. Lat. [from occupare, to 
 occupy.] In the civil law. A taking pos- 
 session of a thing which before belonged 
 to nobody, [quod ante nullius est;) as of 
 wild beasts and other wild animals, pro- 
 perty and persons captured in war, gems 
 and other things found upon the sea-shore, 
 &c. Inst. 2. 1. 12, 17, 18. See Fleta, 
 lib. 3, c. 2. 
 
 OCCUPATION. In old English law. 
 The putting a man out of his freehold in 
 time of war. Co. Litt. 249. Cowell. 
 
 Use, tenure or possession. Id. 
 
 Usurpation of a franchise. Id. 
 
 A trade or business. Id. 
 
 OCCUPAVIT. L. Lat. In old Eng- 
 lish law. A writ that lay for one who was 
 ejected out of his land or tenement in 
 time of war. Cowell. 
 
 OCCURRERE. Lat. To meet; to run 
 against ; to stop or bar. See Nullnm tem- 
 pus occnrrit regi, 
 
 OCCYS. L. Fr. [from Lat. occisus.'] 
 Slain ; killed. Britt. c. 5. 
 
 OCHIERN. So. [L. Lat. ogetharius.'\ 
 In old Scotch law. A name of dignity 
 and of a freeholder. Skene de Verb. Sign. 
 
 OCTABIS. L. Lat. [from octo, eight.] 
 In old practice. The octave. Fleta, lib. 2, 
 c. 35. See Octave. 
 
 OCTAVE. \h. Lat. octahis, utas; L. Fr. 
 utave.^ In old English practice. The 
 eighth day after a feast ; one of the return 
 days of writs. The octave of St. Hilary 
 was the eighth day inclusive after the feast 
 of that saint. 3 Bl. Com. 21 8. 
 
 OCTOGILD, [from Lat. octo, eight, and 
 
 Sax. ffild, or geld, a payment.] In Saxon 
 law. A pecuniary compensation for an 
 injury, amounting to eight times the value 
 of the thing. Spelman, voc. Oeldum. 
 
 OCTO TALES. L. Lat. (Eight such.) 
 In old practice. A writ which was issued 
 to the sheriff to summon eight such men 
 as were summoned upon the first panel, to 
 make up a deficiency of jurors. 3 Bl. 
 Com. .364. 
 
 OCTROL Fr. In old French law. 
 Originally, a duty, which, by the permis- 
 sion of the seigneur, any city was accus- 
 tomed to collect on liquors and some other 
 goods, brought within its precincts, for the 
 consumption of the inhabitants. After- 
 wards appropriated to the use of the king. 
 Steph. Led. p. 361. 
 
 OCULATUS TESTIS. Lat. An eye- 
 witness. 4 Inst. 279. 
 
 Odiosa non prsesnmantnr. Odious things 
 
 are not presumed. Burr. Sett. Cas. 
 190. 
 
 CECONOMUS. Lat. In the civil law. 
 A manager or administrator. Calv. Lex. 
 
 (ECONOMICUS. L. Lat. In old Eng- 
 lish law. . The executor of a last will and 
 testament. Cowell. 
 
 OEPS, Oes. L. Fr. Use. A nostre 
 oeps ; to our use. Britt. c. 21. Stat. 
 Westm. 1, c. 48. A son oeps demesne. 
 Dyer, 5. See Opus. 
 
 Octave. Al oeps de St. Hilary. Yearb. 
 H. 8 Hen. VL 26. 
 
 " OF," held to be a word of more gen- 
 eral description than "at." "My estate 
 
 of ," than " my estate at ." Lord 
 
 EUenborough, Z M. & S. 171, 172. See 
 3 Taunt. 147, 
 
 OF, though used in the sense of the 
 genitive case, is constantly expressed in 
 the old boolcs by the Lat. de and ex, 
 (qq. V.) See 2 Salk. 622. 
 
 OF A PLEA. See De placito. 
 
 OF COUNSEL. A common phrase in 
 practice, applied to the counsel employed 
 by a party in a cause, or whose name ap- 
 pears upon the papers. Derived probably 
 from the Lat. a consiliis, (q. v.) and ex- 
 pressed by the L. Lat. de consilio, (L. Fr. 
 de counsel.) Dyer, 34 b, 38. The modern 
 phrase " of counsel for " a party was for- 
 merly expressed " of counsel with." " The 
 counsellor should give his counsel to him 
 with whom he is of counsel." 5 Co. 20. 
 
 OF COURSE. [L. Lat de cursu.] In 
 the general prescribed order of practice ; 
 without special reference to the court. A 
 
OFF 
 
 (257) 
 
 OIL 
 
 rule is said to be of course, ■when it may 
 be entered by the attorney without appli- 
 cation to the court. 
 
 OF NEW. A Scotch expression, closely 
 translated from the Lat. de novo, (a. v.) 
 
 OFFA EXECEATA. L. Lat. In old 
 English law. The morsel of execration ; 
 the corsned, (q. v.) 1 Beeves^ Hist. 21. 
 
 OFFENCE, [from Lat. offendere, to of- 
 fend ; Lat. delictum.^ An act committed 
 against a law, or omitted where the law 
 requires it, and punishable by it. Jacob. 
 Now generally used as synonymous with 
 crime, (q. v.) An act for which any crim- 
 inal punishment may by law be inflicted. 
 2 Jf. T. Bev. Stat. [702, § 32,] 587, § 33. 
 
 OFFICE. L. Fr. and Eng. [Lat. offi- 
 eium.J A position or station in which a 
 person is employed to perform certain 
 duties, or by virtue of which he becomes 
 charged with the performance of certain du- 
 ties, public or private.* — A place of trust. 
 5 M'od. 431, arg. Co well defines oflSce to 
 be " a function by virtue whereof a man 
 hath some employment in the affairs of 
 another." Finch defines it, " a duty of at- 
 tendance upon a charge." Zaw, b. 2, 
 ch. 13. "Webster defines it to be " a duty, 
 charge or trust." But these seem to be 
 rather the results or incidents (though 
 principal and necessary ones) of oflBoe, 
 than to constitute ofiice itself. The idea 
 of an office clearly embraces the ideas of 
 tenure, duration, fees or emoluments, 
 rights and powers, as well as that of duty. 
 The intrinsic meaning of the word is 
 well expressed by the old English word 
 " place," and the figurative terms " incum- 
 bent," " swearing in," " entering upon;" 
 " vacating," which are constantly applied 
 to offices, have the same radical idea. 
 
 A public station or employment ; an em- 
 ployment conferred by appointment of 
 government.* — An employment on behalf 
 of the government, in any station or public 
 trust, not merely transient, occasional or 
 incidental. Piatt, J. 20 Johns. R. 493. 
 A charge or trust conferred by public au- 
 thority. 7 Porter's (Ala.) R. 371. See 26 
 Alabama J?. 1 59, arg. A station or employ- 
 ment conferred by election of the people. 
 
 A right to exercise a public or private 
 employment, and to take the fees and 
 emoluments thereto belonging. 2 Bl. 
 Com. 36. 1 CrahVs Real Prop. 431, 
 § 530. A species of incorporeal heredi- 
 tament. In the United States, no public 
 office can properly be termed a heredita- 
 
 VoL. n. 17 
 
 ment, and private ministerial offices of this 
 class are rare or unknown. 3 Rentes Com. 
 454. See 1 Seldm's R. 285. 
 
 An abbreviated name for inquest of office, 
 (q. V.) Finch's Law, b. 4, ch. 24. Trorvt 
 est per office ; it is found by office. Dyer, 
 44, (Fr. ed.) 
 
 OFFICE COPY. In practice. A copy 
 of a paper, obtained from the officer with 
 whom the original has been filed or en- 
 tered. See Copy. 
 
 OFFICE FOUND. In English law. 
 Inquest of office found ; the finding of cer- 
 tain facts by a jury on an inquest or inqui- 
 sition of office. 3 Bl. Com. 258, 259. 
 This phrase has been adopted in American 
 law. 2 Kenfs Com. 61. 
 
 OFFICER. [L. Tat. officiarius.] On« 
 who holds an office ; a person lawfully in- 
 vested with an office. See Office. 
 
 Officia judicialia nou concedantur ante- 
 quam vacent. Judicial offices should not 
 be granted before they arc vacant. 1 1 Co. 4. 
 
 OFFICIAL. [Lat.' officialis.] In. the 
 civil law. The minister or apparitor of a 
 magistrate or judge. Cowell. 
 
 In the canon law. A person to whom, a 
 bishop commits the charge of his spiritual 
 jurisdiction. Id. 
 
 In common and statute law. The per- 
 son whom the archdeacon, substitutes in 
 the execution of his jurisdiction. Id. 
 
 OFFICIARIUS. L. Lat.. An officer, 
 Clerke's Prax. Cur. Adm. tit. 3. 
 
 OFFICINA. Lat. A shop ; a wori- 
 shop. Officina justitice ; the shop or mint 
 of justice. 3 Bl. Com. 273. Id. 4a A 
 name anciently given to the court of chan- 
 cery, or rather to the ordinary legal branch 
 of that court, as being the place where 
 the king's writs, (the instruments of jus- 
 tice,) were framed. Id. ibid. Called also 
 officina brevium ; the shop of writs. S 
 Wooddes. Led. 214. 
 
 OFFICIUM. Lat. Office. Offlriiim 
 nemiui debet esse damnosnm. Office ought 
 
 not to be an occasion of loss to any one. 
 A maxim in Scotch law. Bell's Diet. By 
 this rule, a mandatory is entitled to de- 
 mand from the mandant all reasonable ex- 
 penses debursed by him bona fide, and th« 
 damage sustained by him in the execution 
 of the mandate, even though the manacre- 
 ment should have been a losing conceni 
 
 OIER, Oir, Oyer. L. Fr. To hear. 
 Eelham. See Oir, Oyer. 
 
 OIL. L. Fr. The eye. LL. Gut. 
 Conq. 1. 21. 
 
OLE 
 
 (268) 
 
 OMN 
 
 OIL, Oik, Oyl, Oyel. L. Fr. Yes ; 
 yea. Scliard. Est Jon icy en prop^ p^son ? 
 Parn. Sir, oil Tearh. M. 9 Edw. IIL 13. 
 Wilby. Est W. en vie ?' Sad. Sir, oile. 
 P. 4 Edw. III. 12. Oertei, oile. M. 6 
 Edw. III. 45. See Oyl, Oyel. 
 
 OIL, OIL. L. Fr. Yea, yea; ay, ay. 
 The assent of the commons in 28 Edw. III. 
 Kelham. 
 
 O'I'O. A contraction of omnino. 1 
 Inst. Cler. 11. 
 
 OIR. L. Fr. To hear. A oir son 
 jugement ; to hear his judgment. Fet As- 
 saver, § 38. Jeo ai oi dire ; I have heard 
 said. Tearh. P. 1 Edw. II. 4. 
 
 OIR. Span, [from Lat. audire, to hear.] 
 In Spanish law. To hear ; to take cogni- 
 sance. White's New Reeop. b. 3, tit. 1, c. 7. 
 
 OKER. Sc. In Scotch law. Usury; 
 the taking of interest for money, contrary 
 to law. BelVs Did. 
 
 OLD NATURA BREVIUM. The title 
 ©f a treatise writteij in the reign of Ed- 
 ward III. contain ing the writs which were 
 then most in use, annexing to each a short 
 comment concerning their nature and the 
 application of them, with their various 
 properties and effects. 3 Reeves' Hist. 
 Eng. Law, 152. So called to distinguish 
 it from Sir Anthony Fitzherbert's treatise 
 on the same subject. Id. Crabb's Hist. 
 329. It is generally referred to by the 
 abbreviation 0. N. B. and, in the older 
 books, by the Lat. abbreviation Vet. Na. 
 Br. or Vet. Na'br. 
 
 OLD STATUTES. See Vetera statuta. 
 
 OLD TENURES. A treatise on tenures, 
 written in the reign of Edward III. giving 
 an account of the various tenures by which 
 land was holden, the nature of estates and 
 some other incidents to landed property. 
 It is a very scanty tract, but has the merit 
 of having led the way to Littleton's famous 
 work on the same subject. 3 Reeves' Hist. 
 Eng. Law, 151. Crabb's Hist. 328. 
 
 OLERON, LAWS OF. A collection 
 of maritime law promulgated in or about 
 the time of Richard I. in the island of 
 Oleron, on the coast of France; claimed 
 by the French lawyers to have been a 
 French production compiled under the 
 direction of Queen Eleanor, Duchess of 
 Guienne ; and by Selden, and other Eng- 
 lish writers, to have been an English work, 
 published by her son Richard I. in his cha- 
 racter of King of England. These laws 
 are generally ranked next after the Conso- 
 lato del Mare in point of time and celeb- 
 
 rity, and have been considered as the 
 foundation of the maritime legislation and 
 jurisprudence of the western nations of 
 Europe. 3 Kent's Com. 1 2. They have 
 been admitted as authority on admiralty 
 questions, in the courts of justice in the 
 United States. Id. 13. See 1 Duer on 
 Ins. 38, 39, for remarks on the true cha- 
 racter of this collection. 
 
 OLOGRAPH. A French mode of writ- 
 ing holograph, without the aspirate. Civil 
 Code of Louis, art. 1567, 1581. 
 
 OM, Omme. L. Fr. Man ; a man or person. 
 Corrupted forms of home, (q. v.) Kelham. 
 
 OMEBUENO. Span. In Spanish law. 
 A good man ; a substantial person. Las 
 Partidas, part. 5, tit. 13, 1. 38. 
 
 OMISSIO. Lat. [from omittere, q. v.] 
 Omission ; a leaving out. Omissio eomm 
 quffi tacite insnnt nihu operatur. The omis- 
 sion of those things which are tacitly im- 
 plied is of no consequence. 2 Bulstr. 131. 
 
 OMISSIS OMNIBUS ALUS NEGO- 
 TIIS. Lat. Laying aside aU other busi- 
 nesses. 9 East, 347. 
 
 OMITl'ERE. Lat. In the civil law. 
 To pass over, or pass by ; to leave out ; to 
 omit. Calv. Lex. 
 
 To neglect ; to refuse. Id. 
 
 OMNE. Lat. Every thing ; every ; all. 
 A word which is said to exclude all excep- 
 tion, ftui omne dicit nihil excipit. He 
 who says "every thing" excepts nothing. 
 Hence its employment in law maxims, (see 
 infra,) has been sometimes thought to give 
 them an undue generality. 
 
 Omne actum ab intentione agentis est ja- 
 
 dicandum. Every act is to be judged by 
 the intention of the doer. Branch's Pr. 
 
 Omne crimen ebrietas et incendit et detegit. 
 Drunkenness both inflames (or aggravates) 
 and reveals every crime. Co. Litl. 247 a, 
 iBl. Com. 26. BromUs Max. [14.] 
 
 Omne jus aut consensus fecit, ant necessi- 
 tas constituit, aut firmavit eonsuetudo. All 
 right either consent has created, or neces- 
 sity established, or custom confirmed, [has 
 either been created by consent, or estab- 
 lished by necessity, or confirmed by cus- 
 tom.] Dig. 1. 3. 40. 
 
 Omne magis dignum trahit ad se minns 
 dignum, quamvis minus dignnm sit anti- 
 qnius. Every worthier thing draws to it 
 the less worthy, though the less worthy be 
 the more ancient. Co. Liit. 356 b. See 
 Finch's Law, b. 1, c. 3, n. 24. 
 
 Omne magnum exemplum habet aliquid ex 
 iniquo, quodnpnblica utilitate compensatur. 
 
OMN 
 
 (259 ) 
 
 OMN 
 
 Every great example has somewhat of 
 injustice, which is compensated by its 
 public utility. Branch's Fr. citing Hob. 
 279. 
 
 Omne majus contlnet in se minus. Every 
 greater contains in itself the less. 5 Co. 
 115 a, Wade's case. Wingate's Max. 206, 
 max. 59. The greater always contains the 
 less. Finch's Law,h.l,c. 3, n. 22. Broom's 
 Max. 75, [129.] Hence, if a man tender 
 more than he ought to pay, it is good, and 
 the other party ought to accept so much 
 of the sum tendered as is due to him. Id. 
 ibid. But see the qualification, ibid. A 
 man having a power may do less than such 
 power enables him to do. 7c?. 76. Stori/ 
 on Affency, § 172. This maxim is sup- 
 posed to be merely a different version of 
 that of the civil law, In 60 quod plus est, 
 semper inest et minus, (q. v.) J)iff. so. 17. 
 110. 1 Wooddes. Led. Introd. Lect. 5, 
 Ixxi. note. Other forms of it are Omne 
 majns traliit ad se [quod est] minns. Every 
 greater thing draws to it the less. Go. 
 lAtt. 43 b. 2 Co. 68 b, Tookers' case. 
 
 Omne majus minus in se camplectitnr. Every 
 greater embraces in itself the less. Jenk. 
 Cent. 208, case 40. 
 
 Omne quod inffidificatur solo cedit. Every 
 thing which is built upon [the soil] belongs 
 to the soil. Dig. 41. .1. 7. 10. Inst. 2. 
 1. 29. Fleta, lib. 3, c. 2, § 12. 
 
 Omne sacramentum debet esse de eerta sci- 
 entia. Every oath ought to be of certain 
 knowledge. 4 Inst. 279. 
 
 Umne testamentum morte consummatnr, 
 
 [consummatum est.] Every will is consum- 
 mated or made complete by death. 3 Co. 
 29 b. ild.Qlh, Forse dk Hembling's case. 
 Shep. Touch. 401. A testament is of no 
 force till after the death of the testator. 2 
 Bl. Com. 500. Broom's Max. [378.] 
 
 Omnes licentiam habere Ills qua; pro se in- 
 dulta sunt, renunciare, [It is a rule of the 
 .ancient law that] all persons shall have 
 liberty to renounce those privileges which 
 have been conferred for their benefit. Cod. 
 1. 3. 61. Id. 2. 3. 29. 
 
 Omnes prudentes ilia admitterc solent qufe 
 piobcntur iis qui in arte sna bene versati 
 sunt. All prudent men are in the habit of 
 admitting those things which are proved 
 by those who are well versed or skilled in 
 their own art. 7 Co. 19 a, Calvin's case. 
 This is only another form of the maxim, 
 Cuilibet in arte sua perito credendum est, 
 (q. V.) though less positively expressed. 
 In the translations given in Branch and 
 
 Wharton, its point is lost by the use of the 
 word approved instead of proved. 
 
 Omnia delicta inaperto leviorasunt. All 
 
 crimes that are committed openly are 
 lighter ; [or have a less odious appearance 
 than those committed secretly.] 8 Co. 
 127 a. City of Londoris case. 
 
 Omnia preesumuntur contra spoliatorem. 
 All things are presumed against a despoiler 
 or wrong-doer. A leading maxim in the 
 law of evidence. Besi on Evid. 340," 
 § 303. If a man, by his own tortious act, 
 withhold the evidence by which the nature 
 of his case would be made manifest, every 
 presumption to his disadvantage will be 
 adopted. Broom's Max. 425,1125.] "When 
 a man destroys a thing that is designed to 
 be evidence against himself, a small matter 
 will supply it." Holt, C. J. 1 Zd. Raym. 
 731. 1 Qreenl. Evid. § 37. 
 
 Omnia prtesumuntur legitime facta donee 
 probetnr in contrarium. All things are pre- 
 sumed to be lawfully done, until proof be 
 made to the contrary, Co. Litt.2^2\). Best 
 on Evid. 337, § 300. Broom'sMax. [730.] 
 
 Omnia prsesnmuntnr rite esse acta. All 
 things are presumed to be done in due 
 form. Omnia prssumuntur solemniter esse ac- 
 ta. All things are presumed to be done with 
 due solemnity. Co.Litt.&h. Every thing is 
 presumed to be rightly and duly performed, 
 until the contrary is shown. Acts done, 
 which presuppose the existence of other 
 acts to make them legally operative, are 
 presumptive proofs of the latter. 2 Ohio 
 St. R. 246, 247. 4 Id. 148. 6 Id. 293. 
 Where acts are of an official nature, or re- 
 quire the concurrence of official persons, a 
 presumption arises in favor of their due 
 execution. Broom'sMax. 4:27, [729.] The 
 presumption of law is, that public officers, 
 charged with a public duty, perform that 
 duty rightfully, until the contrary appears. 
 Shaw, C. J. 11 Metcalf's R. 347. The 
 acts of a court of justice are to be pre- 
 sumed to be rightfully done. 3 Story's R. 
 534. It is an established maxim 'of law, 
 in relation to the acts of public officers, 
 and especially of judicial tribunals acting 
 within their jurisdiction, that all things 
 shall be presumed to be done rightly, un- 
 til the contrary is proven. 26 Mississippi 
 R. 362. This maxim is now constancy 
 used by the courts, to uphold the maxim 
 lit res migis valeat qnam pereat. Pearson, 
 J. 3 Jones' Law R.\19. See Best on Eoid 
 337—339. See Rite. 
 
 Omnia quie jure contrahnntnr, contrario 
 
OMN 
 
 (260) 
 
 ON 
 
 jure perenDt. All contracts -which are 
 made under a law, are destroyed under a 
 contrary law. Dig. 50. 17. 100. 
 
 Omnia quse sunt uxoris sunt ipsins viri. 
 
 All things which are the wife's are the 
 husband's. Bract, fol. 32. Co. Litt. 112 a. 
 Finch's Law, b. 1, c. 8, n. 58. See 2 Kent's 
 Com. 130—143. 
 
 OMNIBUS AD QUOS PR^SENTES 
 LITERS PERVENERINT, SALTJTEM. 
 L. Lat. To all to, whom the present letters 
 shall come, Greeting. A form of address 
 with which charters both public and pri- 
 vate, (deeds,) and other instruments were 
 anciently commenced. Otherwise modified, 
 as Omnibus probis hominibus, (To all good 
 men;) Omnibus in Christo fidelihug, (To 
 all the faithful in Christ ;) Omnibus Christi 
 fidelibus, (To all the faithful of Christ,) &c. 
 See West's Symholeog. pars 1, lib. 2, sect. 
 241, et passim. 
 
 OMNIBUS PR^SENTES LITERAS 
 VISURIS VEL AUDITURIS, SALU- 
 TEM. L. Lat. To all who shall see or 
 hear the present letters. Greeting. Be& supra. 
 
 OMNI EXCEPTIONE MAJORES. Lat. 
 Superior to all exception ; beyond all ex- 
 ception. 3 Bl. Com. 363. 
 
 Omnis actio est loquela. Every action is 
 a plaint or complaint. Co. Litt. 292 a. 
 
 Omnis conclusio boni et veri judicii seqnitnr 
 ei bonis et veris prsmissis et dictis juratorum. 
 Every conclusion of a good and true judg- 
 ment follows from good and true premises, 
 and the verdicts of jurors. Co. Litt. 226 b. 
 
 Omnis consensus tollit crrorcm. Every 
 consent removes error. Consent always 
 removes the effect of error. 2 Inst. 123. 
 
 Omnis dcfinitio in lege pericniosa. All 
 definition in law is hazardous. 2 Wooddes. 
 Led. 196. This seems to be abridged from 
 the civil law. Omnis definitio in jure ciTili 
 pericniosa est, parum est enim nt nou sub- 
 Terti possit. All definition in the civil law 
 is hazardous, for there is little that cannot 
 be subverted. Dig. SO. 17. 202. See Defi- 
 nition. 
 
 Omnis innovatio plus novitatc perturbat 
 
 qnam UtilitatC prodest. Every innovation 
 disturbs more by its novelty than it benefits 
 by its utility. 2Bulstr.ZZB. Every inno- 
 vation occasions more harm and dcrange- 
 rtieiit ot order by its very novelty, than 
 benefit by its actual utility. Broom's Max. 
 61, [109.] 1 Salk. 20. 
 
 Omnis interpretatio, si fieri possit, in in- 
 strumcntis ita fienda est, ut omnes contrarie- 
 tales amOTCantur, All interpretation in [of] 
 
 instruments should be so made, if pos- 
 sible, that all contrarieties [contradictions] 
 may be removed. Jenk. Cent. 96, case 86. 
 
 Omnis nova constitutio futuris formam 
 imponere debet, non prateritis. Every 
 
 new statute ought to prescribe a form to 
 future, not to past acts. Bract, fol. 228. 
 This maxim has been adopted by Lord 
 Coke with the addition of the word tempori- 
 bus, a&er futuris. 2 Inst. 95. The word 
 constitutio is translated in Branch's Prin- 
 cipia, institution. It is employed by Brac- 
 ton several times in the chapter where the 
 above maxim is found, in the sense of the 
 establishment of a servitude (constitutio ser- 
 vitutis ;) but in referring to the statute of 
 Merton he calls that also constitutio, (consti- 
 tutio de Merton,) which authorizes the 
 translation of "statute." The term is 
 obviously derived from the civil law. 
 
 Omnis privatio preesupponit habitnm. 
 Every privation presupposes former enjoy- 
 ment. Co. Litt. 339 a. A "rule of phi- 
 losophic" quoted by Lord Coke, and applied 
 to the discontinuance of an estate. 
 
 Omnis ratihabitio retrotrabitur et mandate 
 [seu licentia] priori aqniparatnr. Every 
 ratification is drawn backward, [has a re- 
 trospective operation,] and is equivalent to 
 a previous command [or permission.] Co. 
 Litt.. 201 a, 258 a, Wingate's Max. 485, 
 max. 124. A subsequent ratification is 
 •equivalent to a prior authority. Story on 
 Agency, § 445. Subsequent assent given 
 to what has been already done has a retro- 
 spective efiect, and is equivalent to a pre- 
 vious command. Broom's Max. 380, [676.] 
 Ratification has retroactive efficacy, and 
 relates back to the inception of the transac- 
 tion. Hemphill, C. J. 16 Texas R. 465. 
 A leading maxim of the common law, and 
 of maritime and commercial jurisprudence, 
 and applied constantly in the law of principal 
 and agent. Broom's Max. uh. sup. Story 
 on Agency, §§ 239, 445. Shep. Touch. 57. 
 Smith's Merc. Law, 60. 2 Kent's Com. 616. 
 2 Steph. Com. 119. Applied also equally 
 to contracts and torts. Broom's Max. 345, 
 383. This maxim seems to be derived from 
 that of the civil law, Ratihabitio mandato 
 comparatnr. Dig. 46. 3. 12. 4. Id. 20. 1. 
 
 16. 1. Id. 13. 7. 20, pr. See Cod. 4. 28. 
 7, pr. 
 
 ON ACCOUNT OF WHOM IT MAY 
 CONCERN. A formal clause in English 
 marine policies of insurance, intended to 
 embrace all persons who have an insurable 
 interest in the property, and a lawful right 
 
ONI 
 
 (261) 
 
 OPE 
 
 to be insured. It is retained in some 
 American policies, (as in the Philadelphia 
 forms,) but in others the phrase " for whom 
 it may concern" has been substituted. 2 
 Duer on Ins. 28, 29, note. 
 
 ON OR ABOUT. A phrase used in 
 conveyancing, in reciting the date of an in- 
 strument referred to. To avoid the injuri- 
 ous consequences of error in the recital of 
 dates, &c. the safe and correct practice in 
 conveyancing (a practice inadmissible in 
 pleading) is to recite deeds as bearing date 
 " on or about," &c. thus allowing the deed 
 to be produceable in evidence in support of 
 the title, though the date be mistaken. 
 Shep. Touch, (by Preston,) 77. Id. 397. 
 
 ONCE IN JEOPARDY. Once put in 
 peril of legal penalties. For a view of the 
 different interpretations which have been 
 given of this expression, see Wharton's 
 Am. Crim. Law, §§ 573 — 591. 
 
 Once pit and cleared, ever quit and cleared. 
 (Sc. anis quit and clenged, ay quit and 
 clenged.) Skene de Verb. Sign. voc. Iter. 
 ad fin. 
 
 Once a mortgage, always a mortgage. The 
 right of redemption is held in equity to be 
 an inseparable incident to a mortgage, and 
 all restrictions or qualifications of this right 
 are deemed utterly void. 1 SUliard's Seal 
 Prop. 378. 
 
 ONE THIRD NEW FOR OLD. See 
 Ifew for' old. 
 
 ONERARE. Lat. [from onus, a bur- 
 den.] To burden or charge ; to lade or 
 load. Calv. Lex. 
 
 ONERARI NON. L. Lat. (Ought 
 not to be charged.) In pleading. A form 
 of commencement of a plea, substituted in 
 some cases for the actio, non, (q. v.) Steph. 
 PI. Appendix, Note (69.) 
 
 ONERATIO. L. Lat. [from onerare, 
 q. v.] In maritime law. A lading ; a 
 cargo. Loccen. de Jwr, Mar. lib. 2, c. 8, 
 fiec 10 
 
 ONEROUS CAUSE. In Scotch law. 
 A good and legal consideration.* 1 Forbes' 
 Inst, part 3, p. 102. 
 
 ONEROUS DEED. In Scotch law. 
 A deed given for a valuable consideration. 
 Bell's Diet. 
 
 O. NI. An abbreviation of oneratur 
 nisi kaheat sufficientem exonerationem, (he 
 is charged unless he has a sufficient dis- 
 charge.) An entry formerly made in the 
 English exchequer, as soon as the sheriff 
 entered- into and made up his account for 
 issues, amercements, &c. 4 Inst. 116. 
 
 ONOMASTIC. [from Gr. i»ap«, aname.] 
 A term sometimes applied to the signature 
 of an instrument, where the body of it is 
 in the handwriting of another person. 
 Best on Evid. 257, § 210. 
 
 ONUS. Lat. A burden, or load; a 
 weight. Onus probandi ; the burden of 
 proof. 
 
 The lading, burthen or cargo of a vessel 
 Calv. Lex. 
 
 A charge ; an incumbrance. Cum onere, 
 (q. V. ;) with the incumbrance. 
 
 ONUS PROBAND! Lat. The bur- 
 den of proving, or proof. .Actori incumbit 
 onus proband!. The burden of proof rests 
 on the plaintiff. 4 Co. 7 1 b, Hynde's case. 
 Best on Evid. 291, 293, 295. 
 
 OOR, Aour. L. Fr. Gold. Eelham. 
 
 OPE CONSILIO, (or OPE ET CON- 
 SILIO.) Lat. In the civil law. By aid 
 and counsel. A term applied to accesso- 
 ries in the commission of crimes, of similar 
 import to the " aiding and abetting" of the 
 common law. /resi. 4. 1. 11, 12. Dig.bQ. 
 16. 53. 2. It seems to have been inter- 
 preted disjunctively, (by aid or counsel.) 
 Id. ibid. 
 
 OPEN. Not concealed ; outward ; mani- 
 fest; apparent. 
 
 Not closed, settled or fixed. See infra. 
 
 OPEN ACCOUNT. Every account 
 between two persons having dealings with 
 one another, is deemed an open account 
 until, by their tacit or express agreement, 
 it is settled between them. Pulling on 
 Merc. Accounts, 30. 
 
 OPEN DOORS. In Scotch practice. 
 Letters of open doors are letters (process) 
 authorizing the ofBcer to whom they are 
 directed to break open the doors of places 
 in which the goods of a debtor are de- 
 posited. Bell's Diet. 
 
 OPEN LAW. In old English law. 
 The trial by the duel or ordeal. See Lex 
 manifesta. 
 
 OPEN POLICY. A poliby of insurance 
 in which the amount of interest is not fixed 
 by the policy, but is left to be ascertained 
 by the insured, in case a loss should happen. 
 3 Kent's Com. 272. A policy that con- 
 tains no declaration of the amount of the 
 interest of the assured, and which conse- 
 quently casts upon him the burden of proof 
 when ho claims an indemnity. 1 Duer on 
 Ins. 97. 
 
 OPEN THEBT. In Saxon law. The 
 same with the Lat. furtum manifestum, 
 (q. V.) 
 
OPO 
 
 (262 ) 
 
 OPT 
 
 To OPEN. In practice. To commence 
 or begin ; to enter upon. At the trial of 
 a cause, the counsel who first addresses the 
 jury is said to open the case ; and his ad- 
 dress is called the opening. - In English 
 practice, this is technically called ^'■opening 
 the pleadings." The counsel for the party 
 who has the affirmative of the issue is 
 always entitled to begin or open. 
 
 To OPEN. In practice. To undo a 
 proceeding, or recall an act, for the pur- 
 pose of restoring a party to the position he 
 was in before such proceeding or act was 
 done ; to relieve a party who has merits, 
 against a proceeding by which he has been 
 formally and regularly barred. To open a 
 default, is to allow a party a new opportu- 
 nity of doing the aqt, for not doing which 
 the default was entered. To open biddings, 
 in equity, is to allow a re-sale of property 
 which has once been sold under a decree. 
 The expression is a figurative one, like that 
 of " letting in," which imports nearly the 
 same idea. 
 
 The expressions "to open" and "to 
 shut" have been applied to a remainder. 
 Ryder, C. J. Say. 239. 
 
 OPENING BIDDINGS. In equity 
 practice. The allowance by a court,, on 
 sufficient cause shown, of a re-sale of pro- 
 perty once sold under a decree. See To 
 open. 
 
 OPERARIUS. L. Lat. [from opus, 
 work.] In old English law. A workman 
 or laborer. Fleta, lib. 2, c. 73, § 4. 
 
 OPERIS NOVI NUNTIATIO. Lat. 
 In the civil law. A protest or warning 
 against [of] a new work. Dig. 39. 1. See 
 Opus novum. 
 
 OPINIO. Lat. Opinion. Opinio com- 
 munis or vulgaris ; common opinion ; gen- 
 eral or prevalent opinion, as distinguished 
 from the peculiar opinion of some indivi- 
 dual, or a new opinion not generally re- 
 ceived. It was a rule of the civil law that 
 common opinion was to be regarded in 
 judging and giving legal advice, {opinio 
 communis judicando etconsulendo complecti 
 debet,) though there was much controversy 
 among the civilians as to its application. 
 Calv. Lex. To this source may be traced 
 the old English rules on the subject of 
 common opinion. See Communis opinio. 
 
 Opinio qosB favet testamento est tenenda. 
 The opinion which favors a will is to be 
 followed. 1 W. Bl. 13, arg. 
 
 OPORTET. Lat. It behooves; it is 
 needful or necessary. Oportebit (the fu- 
 
 ture form) had, in the civil law, the sense 
 of oportet. Dig. 50. 16. 8. And as to 
 the meaning of oportere, see Dig. 50. 16. 
 37. Oportet quod certa res deducatur in do- 
 nationcm. It is necessary that a certain 
 thing be brought into the gift, or made the 
 subject of the conveyance. Bract, fol. 
 
 15 b. There should be certainty as to the 
 thing intended to be conveyed, because, as 
 the same writer observes, the gift of an 
 uncertain thing is null, {quia incertce rei 
 nulla est donatio.) Id. ibid. 
 
 Oportet qnod certa res dedncatnr in judi- 
 cium. It is necessary that a certain (defi- 
 nite) thing be brought to judgment or into 
 court ; that is, made the subject of an ac- 
 tion, or of the action of the court in the 
 particular case. There must be certainty as 
 to the thing which is presented to the court 
 by the pleadings. 5 Co. 35 a, Playter's case. 
 Id. 38 a, Tey's case. Jenk. Cent. 84, case 
 64. This is merely a modification of 
 Bracton's certa debet esse — res qum deduci- 
 tur in judicium. Bract, fol. 240. 
 
 Oportet qnod certa sit res qn% venditnr. 
 
 It is necessary that there should be a cer- 
 tain thing which is sold. To make a valid 
 sale, there must be certainty as to the thing 
 which is sold. Bract, fol. 61 b. 
 
 OPP'. A contraction of obtulit or op- 
 tulit, in the old books. A. opp' se versus 
 B. quarto die ; A. ofiered himself against 
 B. on the fourth day. Ileta, lib. 2, c. 65, 
 § 11. Id. c. 67, § 2. 
 
 OPPIDUM. Lat. A town. Dig. 60. 
 
 16 239 7. 
 
 OPPIGNERARE. Lat. In the civil 
 law. To pledge. Calv. Lex. 
 
 OPPOSER. [L. Lat. oppositor.'\ In 
 old English law. An officer in the court 
 of exchequer. See Foreign apposer. Some- 
 times treated as a corrupted form of appo- 
 ser, (q. V.) but there are good reasons for 
 considering it as the genuine word. 
 
 Opposita juita sc posita magis elucescnnt. 
 
 Opposite things when placed near each 
 other (in juxtaposition) appear in a clearer 
 light. Bacon's Works, iv. 256, 268, 
 353. 
 
 Optima est legnm interpres consnetndo. 
 Custom is the best interpreter of laws. 
 Dig. 1. 3. 37. Adopted in the common 
 law, with a slight verbal variation. Optimus 
 interpres legnm consuetudo. 2 Inst.ii. Ba- 
 con's arg. Jurisdiction of Marches, Works, 
 iv. 260. 1 Wooddes. Led. Introd. Lect. 
 2, xxxi. That exposition of a law is to be 
 preferred which is approved by constant 
 
OPU 
 
 (263 ) 
 
 ORA 
 
 and continual use and experience. Broom's 
 Max. 421, [719.] 
 
 Optima est lex queb minimum relinquit 
 arbitrio juiiicis, optimus judex pi mini- 
 mum sibi. That law is the best which leaves 
 least to the discretion of the judge ; that 
 judge is the best who leaves least to his 
 own. Bacon's Aphorisms, 46. 2 Dwar- 
 ris on Statutes, 182. That system of law 
 is best which confides as little as possible 
 to the discretion of the judge, — that judge 
 the best who relies as little as possible on 
 his own opinion. BroorrCs Max. 31, [60.] 
 
 1 Lewi's Com. 478. 
 
 Optima statnti interpretatrix est (omni- 
 bus particnlis ejusdem inspectis) ipsum sta- 
 tutum, The best interpreter of a statute is 
 (all its parts being considered,) the statute 
 itself. 8 Co. lllh, Bonham's case. Win- 
 ffate's Max. 239, in max. 68. 
 
 Optimus interpres rerum usus. Use or 
 usage is the best interpreter of .things. 
 
 2 Inst. 282. Broom's Max. 415, [712.] 
 OPTION, [from Lat. opiio, choice.] In 
 
 English ecclesiastical law. A customary 
 prerogative of an archbishop, when a bish- 
 op is consecrated by him, to name a clerk 
 or chaplain of his own to be provided for 
 by such suffragan bishop ; in lieu of which 
 it is now usual for the bishop to make over 
 by deed to the archbishop, his executors 
 and assigns, the next presentation of such 
 dignity or benefice in the bishop's disposal 
 within that see, as the archbishop himself 
 shall choose, which is therefore called his 
 option. 1 Bl. Com. 381. 3 Steph. Com. 
 63, 64. Covjell 
 
 OPTIONAL WRIT. In old English 
 practice. That species- of original, writ, 
 otherwise called a prcecipe, which was 
 framed in the alternative, commanding the 
 defendant to do the thing required, or show 
 the reason wherefore he had not done it. 
 
 3 Bl. Com. 274. 
 
 OPTULIT. An old form of oUulit, 
 used in Bracton. Bract, fol. 354, 354 b. 
 
 OPUS. L. Lat. In old English law. 
 Benefit ; advantage. See Ad opus. This 
 word seems to have been framed from the 
 L. Fr. oeps, (q. v.) 
 
 OPUS. Lat. and L. Lat. In civil and 
 old English law. Work ; labor. See in- 
 fra. 
 
 A thing made or done by labor. See 
 infra. 
 
 OPUSLOCATUM. Lat. In the civil 
 law. A work let out. Opus, according 
 to Labeo, signified the same with the Gr. 
 
 anoTasujia, a Complete work, a thing made 
 or done by labor, and not Ifyov, labor itselt 
 Dig. 60. 16. 5. 1. 
 
 OPUS MANIFICUM. L.Lat. In old 
 English law. Labor done by the hands ; 
 manual labor ; such as making a hedge, 
 digging a ditch. Meta, lib. 2, c. 48, § 3. 
 In the parallel passage in Bracton, the ex- 
 pression is opus manifestum vel manufac- 
 tum, and manifestum is repeated. Bract. 
 fol. 159 b, lib. 3, tract. 2, c. 37, ^ 13. 
 
 OPUS NOVUM. Lat. In the civil 
 law. A new work. By this term was 
 meant something newly built upon land, or 
 taken from a work already erected. He 
 was said opus novum facere (to make a new 
 work,) who, either by building or by tak- 
 ing any thing away, changed the former ap- 
 pearance of a work. Dig. 39. 1. 1. 11. 
 
 " OR," in written instruments, is fre- 
 quently construed to mean " and," wh«r8 
 such construction is necessary to efiectuate 
 the intention of the parties. Thus, in a 
 deed. 5 (7o. 112 a, Mallory's case. So, 
 in a bond. Cro. Jac. 322. See 3 Term 
 R. 470. So, in a will. 5 Bos. d. Pull. 
 38. 9 JEast, 366. 16 lb. 67. 6 Johns. 
 B. 54—58. 1 Metcalf 's R. 88. 1 Jar- 
 man on Wills, 443 — 454, (416, Perkins' 
 ed. 1849, note.) 4 Zabriskie' s R. 686. 3 
 Milliard's Real Prop. 635. 
 
 It has been said that there is perhaps no 
 word in the language of more equivocal 
 effect than or. Hence, in England, it has 
 been excluded from indictments, though it 
 has been admitted in American practice. 
 Wharton's Am. Crim. Law, 88 294 — 
 296. 
 
 ORA. Lat. In old English and Scotok 
 law. A Saxon coin of the value of 1 6d. 
 mentioned in Domesday, the Regiam Mor 
 jestatem, and other records. Spelman. 
 
 An ounce of the value of 20rf. Id. 
 And see Skene de Verb. Signif. 
 
 ORAL PLEADING. Pleading by word 
 of mouth, in the actual presence of th« 
 court, irhis was the ancient mode of 
 pleading in England, and continued to th« 
 reign of Edw. IIL Steph. PI. 23—26. 
 
 ORATIO. Lat. In the Roman law. 
 An oration or address made by the em- 
 peror before the senate, expressing his 
 opinion or pleasure ; upon which the d»- 
 cree of the senate {senatus consultum,) was 
 formed. Taylor's Civ. Law, 227 2^8 
 
 ORATIO SIGNIFIGATIVA. Lat.' Ib 
 old English law. The meanipg of an in- 
 strument, as distinguished from the mere 
 
ORD 
 
 (264) 
 
 ORD 
 
 letters {literce) in wMch it was written. 
 Fleta, lib. 2, c. 56, § 20. 
 
 ORATOR. L. Lat. and Eng. [from orare, 
 to pray or petition.] In equity plead- 
 ing. A petitioner ; one who prays for 
 relief. The plaintiff or complainant in a 
 bill in chancery is so styled in the bill, and 
 sometimes in the reports. Hughes^ Equity 
 Draftsman, 1 — 465. 28 Vermont B. 81, 
 382. 
 
 ORATOTJR. L. Fr. A complainant; 
 a petitioner. Kelham. 
 
 ORATRIX. L. Lat. and Eng. [from 
 orare, to pray.] In equity pleading. A 
 female petitioner. A female complainant 
 in equity is so styled in the bill. JTiiffhe^' 
 Equity Draftsman, 2, 3, 4. 
 
 ORDEAL. [Sax. ordale, from or, great, 
 and doel, judgment; L. Lat. ordaliumJ\ 
 In Saxon and old English law. An ancient 
 mode of trial, otherwise called judicium 
 Dei, the judgment of God, it being re- 
 garded as the means of obtaining a mirac- 
 ulous interposition of Heaven in favor of 
 innocence, by protecting a party accused 
 from the destructive or natural effects of 
 fire and water to which he was subjected. 
 See Fire ordeal. Water ordeal. Spehnan 
 has given from theTextus Roffensis, a min- 
 ute and curious account of the religious 
 services which accompanied the ordeal, in- 
 eluding the administration of the sacra- 
 ment, the prayers, readings, benedictions, 
 the solemn adjuration of the water or fire, 
 ka. 
 
 ORDENAMIENTO. Span. In Span- 
 ish law. An order emanating from the 
 sovereign, and differing from a cedula only 
 in form, and in the mode of its promulga- 
 tion. Schmidts Civ. Law, Introd. 93, 
 note. 
 
 ORDENAMIENTO DE ALCALA. 
 Span. A collection of Spanish law, pro- 
 mulgated by the Cortes in the year 1348. 
 Schmidts Civ. Law, Introd. 75. 
 
 ORDER. [Lat. ordo.^ In practice. A 
 direction in writing, granted by a court or 
 judge, requiring or authorizing some act 
 to be done. In actions at law, the term 
 is usually applied to the acts of a judge at 
 ehambers, those of the court being desig- 
 nated as rules. See Rule. 
 
 ORDER. In mercantile law. The 
 usual word employed in bills of exchange, 
 promissory notes, and checks, when it is 
 intended to make them negotiable. The 
 ordinary expression for this purpose is, 
 "Pay to A. or order," or, "Pay to the 
 
 order of A." which are deemed to import 
 the same thing. Story on Bills, § 56. 
 See Negotiable words. 
 
 ORDERS. See Holy orders. 
 
 ORDEUM. L. Lat. In old English 
 law. Barley. An English form of hor- 
 deum. Fleta, lib. 2, c. 73, § 19. 
 
 ORDINANCE. [L. Fr. ordynaunce ; 
 Lat. ordinatio, q. v.] In old English law. 
 A statute or act of parliament. Goioell. 
 Halis Hist. Com. Law, (Runnington's ed. 
 1820,) 13. See Ordinatio. The L. Fr. 
 ordynaunce had the more general sense of 
 enactment, or requirement. Solonc la ordy- 
 naunce de nos estatutz ; according to the 
 ordinance of our statutes. Britt. c. 1'8. 
 
 Strictly, a bill or law which might stand 
 with the old law, and did not alter any 
 statute in force at the time, and which be- 
 came complete by the royal assent on the 
 parliament roll, without any entry on the 
 statute roll. A bill or law which might at 
 any time be amended by the parliament, 
 without any statute. Hale^s Hist. Com. 
 Law, ub. sup. An ordinance was otherwise 
 distinguished from a statute, by the cir- 
 cumstance that the latter required the three- 
 fold assent of king, lords and commons ; 
 while an ordinance might be ordained by 
 one or two of these constituent bodies. 
 See 4 Inst. 26. See Statute. 
 
 In American law. An act or regulation 
 of congress; such as the Ordinance of 13th 
 July, 1787, for the government of the 
 northwestern territory. 
 
 A law or regulation of a municipal cor- 
 poration. 
 
 ORDINARE. L. Lat. In old English 
 law. To ordain ; to establish ; to make 
 (a law.) Ordinavit ; he (the king) or- 
 dained. This word is used in Fleta, in re- 
 citing the statute of Acton Burnel. Fleta, 
 lib. 2, c. 64, § 2. Ordinaium; ordained. 
 Used in the statute of Marlbridge. Id. 
 lib. 2, c. 47, § 13. 
 
 To appoint. Ordino et constituo talem et 
 ■talem execuiores meos; I ordain and con- 
 stitute such and such a one my executors. 
 Tearh. M. 3 Hen. VI. 6. 
 
 In practice. To order. See Ordinor 
 turn. 
 
 ORDINARIUS. Lat. [from ordo, or- 
 der.] In the civil law. Ordinary ; regular ; 
 according to usual course and rule. Ordi- 
 naria judicia (ordinary judgments, trials 
 or actions) were those in which the usual 
 and regular order of pleading and litiga- 
 ting was observed, that is, first in jure, be- 
 
ORD 
 
 (265) 
 
 ORD 
 
 fore the praetor, and then in judicio, before 
 the judex. 
 
 Ordinary; of course; inherently. Ap- 
 plied, both in the civil and cbrnmon law, 
 to a judge who had a jurisdiction in his 
 own right, and not by the gift or deputa- 
 tion of another. Calv. Lex. Co. Litt. 
 96 a. See Bract, fol. 401. 
 
 ORDINARY. [Lat. ordinarius, q. v.] 
 In the civil law. A judge who had autho- 
 rity to take cognizance of causes in his 
 own right, and not by deputation. See 
 Ordinarius. 
 
 In English law. An ecclesiastical judge 
 who has the regular ordinary jurisdiction, 
 independent of another. 1 Burri's Eccl. 
 Law, 22. Co. Litt. 344 a. 
 
 A bishop, as having ordinary jurisdiction 
 in his own diocese. \ Bl. Com. 383. Brande. 
 The ordinary formerly had the administra- 
 tion of an intestate's chattels. Finch's 
 Law, b. 2, c. 15, p. 173. 
 
 In old English law. A deputy of the 
 bishop, appointed to give malefactors their 
 neck-verses, (q. v.) and judge whether they 
 read or not ; also to perform divine services 
 for them and assist in preparing them for 
 death. Wharton's Lex. The clergyman 
 who performs the latter offices for con- 
 demned criminals is still called the ordi- 
 nary. Brande. 
 
 In Scotch law. A single judge of the 
 court of session, who decides with or with- 
 out a jury, as the case may be. Brande. 
 
 In American law. A judicial oflacer 
 having the powers of a judge of probate, 
 or surrogate, if. J. Rev. St. tit. 1, c. 4. 
 
 ORDINARY CARE. That care which 
 men of ordinary prudence and judgment 
 exercise over property of their own. 28 
 Vermont JR. 458. Jd. 464. — That degree 
 of care which may reasonably be expected 
 from a person in the party's situation; 
 reasonable care. 23 Connecticut R. 443. — 
 In all cases, what constitutes ordinary care 
 must be determined with reference to the 
 nature of the act done and the circum- 
 stances attending it. Whiton, C. J. 2 
 Wisconsin R. 216, 223. — Ordinary care is 
 altogether a relative term ; the want of it 
 means nothing more than the failure to use 
 those precautions which a just regard to 
 the persons and property of others demand 
 should be used under the circumstances of 
 the- particular case. Goldthwaite, J. 26 
 Alabama R. 203. 
 
 In Briggs v. Taylor, (28 Vermont R. 
 180,) RedfieId,"C. J. objected to the use 
 
 of the term " ordinary" in connection with 
 the words " care " and " diligence ;" con- 
 tending that it conveyed no definite idea, 
 was liable to misconstruction, and calcu- 
 lated in some instances to mislead a jury. 
 The subject was considered at much length, 
 and numerous authorities cited. But in 
 the later case of Brown v. Hitchcock, in 
 the same court, (28 Vermont R. 452, 458,) 
 the term " ordinary care" was made use of 
 without objection. 
 
 " ORDINARY SKILL " in an art means 
 that degree of skill which men engaged in 
 that particular art usually employ ; not 
 that which belongs to a few men only, of 
 extraordinary endowments and capacities. 
 20 Penn. St. R. 130. 
 
 ORDINATIO. Lat. [from ordinare, to 
 regulate, to ordain.] An ordinance. Fleta, 
 lib. 2, c. 64, § 1. The title of several 
 ancient English statutes. Ordinatio pro 
 statu Hibernice, (Ordinance for the regula- 
 tion or settlement of Ireland,) passed 17 
 Edw. I. containing eight chapters of regu- 
 lations in matters of a judicial nature. 2 
 Reeves' Hist. Eng. Law, 99. Crabb's Hist. 
 173. Barrinfft.'Obs. Stat. 160. Ordinatio 
 Forestce, (Ordinance of the Forest,) passed 
 33 Edw. I. containing regulations about 
 the purlieus of forests. 2 Reeves' Hist. Eng. 
 Law, 104. Another statute underthe same 
 title, passed 34 Edw. L Id. 106, 107. 
 
 ORDINATUM EST. L. Lat. In old 
 practice. It is ordered. The initial words 
 of rules of court when entered in Latin. 9 
 East, 25, note.- 2 i/". tfc ,S'. 144, note. 
 
 Ordine placitandi servato, servatur et jns, 
 
 When the order of pleading is observed, 
 the law also is observed. Co. Litt. 303 a. 
 Broom's Max. [143.] 
 
 ORDINE. L. Fr. A rule or order; a 
 regulation. Kelham. 
 
 ORDINER, Ordyner. L. Fr. To or- 
 dain ; to establish ; to enact or decree. 
 Britt. fol. 1. 
 
 ORDINIS BBNEFICIUM. Lat. In 
 the civil law. The benefit or privilege of 
 order; the privilege which a surety for a 
 debtor had, of requiring that his principal 
 should be discussed, or thoroughly prose- 
 cuted, before the creditor could resort to 
 him. Nov. 4, c. 1. Heinecc. Elem. Jur. 
 Civ. lib. 3, tit. 21, § 883. 
 
 ORDO. Lat In old practice. Order; 
 regular succession. Ordo petendi ; the 
 order of demanding or counting. Bract. 
 fol. 400. Ordo excipiendi ; the order of- 
 pleading. Id. ibid. Fleta, lib. 3, c. 54. 
 
OKI 
 
 (266) 
 
 OST 
 
 Ordo agendi ; the order of suing. Fleta, 
 lib. 5, c. 6, § 8. Ordo hrevium ; the order 
 of writs. Id. § 31. 
 
 An order of a court, {ordo curiae.') 1 
 Rep. in Oh. 55. 
 
 ORDO ATTACHIAMENTORUM. L. 
 Lat. In old practice. The order of at- 
 tachments. Fleta, lib. 2, c. 51, § 12. See 
 Solemnitas attachiamentorum, 
 
 ORDO JUDICIORUM. Lat. In the 
 canon law. The order of judgments ; the 
 rule by which the due course - of hearing 
 each cause was prescribed. 4 Reeves^ Hist. 
 Eng. Law, 17. 
 
 ORE. A Saxon coin of uncertain value. 
 LL. Gul. Cong. 1. 3, note. See Ora. 
 
 ORE. L. Fr. Now. Le roy que ore 
 est; the king that now is. Artie, sup. 
 Chart, pr. Z>' ore ; at present. Kelham. 
 Ore est a veyer ; now it is to be seen. 
 Keilw. 2 b. 
 
 ORE TENUS. Lat. By word of 
 mouth ; orally ; viva voce. Pleading was 
 anciently carried on ore tenus, at the bar.of 
 the court.* Z Bl. Com. ^QS. "There is 
 no longer any such thing as pleading ore 
 tenus, in courts of record." 5 HilVs (N.Y.) 
 ^..315. 
 
 ORFGILD. Sax. [from orf, a beast, and 
 gild, a payment.] In Saxon law. The 
 price or value of a beast. A payment for 
 a beast. Spelman, voc. Oeldum. The 
 payment or forfeiture of a beast. Id. in 
 voc. A penalty for taking away cattle. 
 Lamhard Arch. 125. 
 
 ORFEURE, Orpheour. L. Fr. [from 
 Lat. aurifaber.'\ A goldsmith. Art. sup. 
 Chart, c. 20. 
 
 ORIGINAL BILL. In old practice. 
 The ancient mode of commencing actions 
 in the English Court of King's Bench. 
 See Bill. 
 
 ORIGINAL BILL. In equity plead- 
 ing. A bill which relates to some matter 
 not before litigated in the court by the 
 same persons standing in the same interests. 
 Mitford's Chanc. PL 33. 
 
 ORIGINAL CONVEYANCES. Those 
 conveyances at common law, otherwise 
 termed primary, by which a benefit or es- 
 tate is created or first arises ; comprising 
 feoffments, gifts, 'grants, leases, exchanges 
 and partitions. 2 Bl. Com.. 309. 
 
 ORIGINAL PROCESS. In old prac- 
 tice. That process which is till the de- 
 fendant do appear. FincKs Law, b. 4, ch. 
 26. 
 
 ORIGINAL WRIT, or ORIGINAL. 
 
 [Li Lat. breve originate.] In English prac- 
 tice. A writ issuing out of chancery, and 
 so called because it anciently gave origin 
 and commencement to an action at common 
 law. It was principally used in the court 
 of Common Bench, and in form was a man- 
 datory letter from the king in parchment, 
 sealed with his great seal, and directed to 
 the sherifi^ of the county wherein the injury 
 complained of was committed or supposed 
 to be, requiring him to command the wrong- 
 doer or party accused, either to do justice 
 to the complainant, or else to appear in 
 court and answer the accusation against 
 him. 3 Bl. Corn. 21 3. This writ consti- 
 tuted the foundation of the suit, and of the 
 jurisdiction of the court, being the king's 
 warrant for the judges to proceed to the 
 determination of the cause. Id. ibid. See 
 Breve. 
 
 In modem practice, the use of original 
 writs is confined to real actions exclusively. 
 3 Steph. Com. 565, 658. 
 
 In American practice, they have been 
 employed to some extent, but are now in 
 general superseded by other forms of pro- 
 cess. 
 
 Orlgo Tei inspici debet. The origin of a 
 thing ought to be regarded. Co. Litt. 
 248 b. See Initium, Principium. 
 
 ORPHANOTROPHUS. Grseco-Lat. 
 [from if^avis, an orphan, and rpe^w, to nour- 
 ish.] In the civil law. One who had the 
 charge of a house for orphans. Cod. 1. 3. 
 Nov. 1, epil. 
 
 ORRAY. L. Fr. [from m/er, to hear.] 
 Shall hear. Orrount, (p^^r.) Britt. c. 41. 
 
 ORRETZ. L. Fr. Golden; of gold. 
 Yearb. T. 1 Edw. II. IT. 
 
 ORREUM. An old form of horreum, a 
 granary. See Horreum. 
 
 OSTEL. L.Fr. A household; an inn; 
 lodging; entertainment. Kelham. 
 
 An old form of hostel, (q. v.) 
 
 OSTENDIT VOBIS. L. Lat. In old 
 pleading. Shows to you. Formal words 
 with which a demandant began his count. 
 Fleta, lib. 5, c. 38, § 2. 
 
 OSTENSIBLE PARTNER. A partner 
 whose name is made known and appears to 
 the world as a partner, and who is in reality 
 such. Story on Partn. § 80. 
 
 OSTENSURUS. L. Lat. To show. 
 A formal word in old writs. Reff. Orig. 
 36. Fet Assaver, § 21. 
 
 OSTER. L. Fr. To take away; to 
 take out or off. Oste del fite ; taken off 
 the file. Yearb. H. 20 Hen. VI. 1. 
 
0U8 
 
 (267) 
 
 OUT 
 
 OSTENTUM. Lat. In the civil law. 
 A monstrous or prodigious birth. Dig. 
 60. 16.38. 
 
 OSTIUM. Lat. An entrance ; a gate 
 or door. See infra. 
 
 The mouth of a river. 3 BeWs App. 
 Cas. 331. 
 
 OSTIUM ECCLESLE. L. Lat. In 
 old English law. The door or porch of the 
 church, where dower was anciently con- 
 ferred. See Ad ostium ecclesice. 
 
 OSTIA REGNL Lat. Gates of the 
 kingdom. The ports of the kingdom of 
 England are so called by Sir Matthew 
 Hale. De Jur. Mar. pars 2 (de port, mar.) 
 c. 3. 
 
 OTER LA TOUAILLE. 0. Fr. In 
 the laws of Oleron. To deny a seaman 
 his mess. Art. 13. Literally, to deny the 
 table cloth or victuals for three meals. 
 See 1 Peters' Adw. Dec. Appendix, xxvii. 
 2 Id. Appendix, Ixxxv. 
 
 OTHE, 0<A. O. Eng. Oath; an oath. 
 Bract, fol. 185. See Othesworthe. 
 
 OTHESWORTHE. 0. Eng. Oaths- 
 worth ; oathworthy ; worthy or entitled to 
 make oath. Bract, fol 185, 292 b. Brac- 
 ton quotes as an English phrase of his time, 
 ^t m £s atl^ts tort^e t^at ta mm ggltg of ot^t 
 broken. Id. fol. 185. 
 
 OU. L. Fr. Or. Britt. passim. 
 
 Where ; whether. L. Fr. Diet. 
 
 Whereas; whereto. Kelham. 
 
 With; within; in. Id. 
 
 OULTRE LE MERE. L. Fr. Be- 
 yond the sea. Yearh. P. 1 Edw. III. 
 27. 
 
 OUNCE. [Lat. uncia, Sp. onca.'\ The 
 twelfth part of a pound. 
 
 The twelfth part of any thing. See 
 Uncia. 
 
 " OUR," construed. " Pay to our order." 
 AM. <& S. 13. See 8 M. <£• W. 616. 9 
 Id. 346. 
 
 OUST, [from L. Fr. ouster, q. v.] In 
 old English law. To take away. " 6 Ric. 
 2, cap. 6, ousteth battail in an appeal of 
 rape." Finch's Law, b. 4, ch. 37. " Oust- 
 ing battail." 12 Mod. 21. 
 
 In modem law. To deprive. Ousting 
 a corporation of its franchises. 12 Mod. 
 18, 19. Ousted oi a plea in abatement. 
 Lord EUenborough, 3 Hast, 62. 
 
 To put out ; to turn out or eject. 3 Bl. 
 Com. 201, 202. 
 
 OUSTER, Osier. L. Fr. To put out. 
 Oustes de court ; put out of court. Britt. 
 c. 21. 
 
 To take away. Boundes oustes. Britt. 
 c. 60. 
 
 To deprive. II serra ouste de son ley. 
 Yearh. H. 20 Hen. VL 4. 
 
 To deny a thing asked. M. 6. Edw. 
 
 m. 14. 
 
 OUSTER. In practice. A putting out ; 
 dispossession ; amotion of possession. ■ 3 
 Bl. Com. 167—173. Id. 197, 199, 202, 
 204. The putting ont of a freeholder. 
 FincJCs Law, b. 3, ch. 5. A species of in- 
 jury to things real, by which the wrong- 
 doer gains actual occupation of the land, 
 and compels the rightful owner to seek his 
 legal remedy in order to gain possession. 
 2 CraWs Real Prop. 1063, § 2454 a. 
 
 OUSTER, Oustre, Outre. L. Fr. Over ; 
 beyond ; farther. Oustre un jour ; over 
 a day. Britt. c. 29. Respondeat ouster, 
 (q. V. ;) answer further or over. Dites 
 ouster ; say over. Yearh. M. 5 Edw. III. 
 49. M dit ouster; and says further. 
 Dyer, 70 b, (Fr. ed.) 
 
 OUSTER LE MAIN. L. Fr. To re- 
 move the hand. Generally written as one 
 word, OUSTERLEMAIN. In old English 
 law. The delivery of lands out of a guar- 
 dian's hands, when the male heir arrived at 
 the age of twenty-one, or the female at 
 that of sixteen. Co. Litt. 77. 2 Bl. 
 Com. 68. Otherwise called livery. Id. 
 ihid. 
 
 The fine payable for such livery. Id. 
 68, 69. 
 
 The delivery of lands out of the king's 
 hands, on a judgment upon a monstrans de 
 droit. Cowell. More commonly called 
 amoveas manus, (q. v.) 
 
 OUSTER LE MER. L. Fr. Beyond 
 the sea. Litt. sect. 677. An older form 
 of this phrase was outre meer, (q. v.) 
 
 OUT OF COURT. In practice. Not 
 in a position to prosecute ; deprived of the 
 power of prosecuting an action. A plain- 
 tiff in an action at law is said to be out of 
 court, -when he neglects to declare within 
 a certain time (one year, in English prac- 
 tice,) after service of process. 3 Chitt. 
 Gen. Pr. 445. A defendant who enters' 
 judgment of non pros against a plaintiff is 
 said to put him out of court. 
 
 OUT OF THE REALM. [L. Fr. hors 
 de royalme ; L. Lat. extra regnum.] Out 
 of the power of the king of England, as of 
 his crown of England; ' Litt. sect, 439. 
 Co. Litt. 260 a. For if a man be upon the 
 sea of England, he is within the kingdom 
 or realm of England, and within the ligeance 
 
OUT 
 
 (268) 
 
 OUT 
 
 of the king of England, as of his crown of 
 England. Id. ibid. 
 
 OUT OF THE STATE. Held to mean 
 " beyond sea.,'" (q. v.) 
 
 OUT OF TIME. A.mercantile phrase 
 applied to a ship or vessel that has been so 
 long at sea, as to justify the belief of her 
 total loss. 2 Duer on Ins. 469, note. 
 
 In another sense, a vessel is said to be 
 out of time, when, computed from her known 
 day of sailing, the time that has elapsed 
 exceeds the average duration of similar 
 voyages at the same season of the year. 
 Id. 469. The phrase is identical with 
 " missing ship." Id. ibid. 
 
 OUTFANGTHEFE, Utfangthefe, Ut- 
 fangenthefe. Sax. [from ut, out, fang, 
 taken, and thef, thief.] In Saxon and old 
 English law. A thief from without, or 
 from abroad, (latro extraneus,) taken within 
 a lord's fee, or liberty. Bract, fol. 154 b. 
 
 The privilege of trying such a thief. 
 Id. See Utfangthefe. 
 
 OUTHOUSE. A small house or build- 
 ing belonging to a messuage or dwelling- 
 house, and usually standing separate from 
 or without it, and at a small distance from 
 it ; such as a barn, a stable, a dairy-house, 
 and the like.* This word has been made the 
 subject of considerable construction in the 
 law of burglary. Seel CrabVa Real Prop. 
 15, § 89. 1 Russell on Crimes, 798 — 799. 
 Whart. Am. Crim. Law, §§ 1561 — 1564. 
 
 OUTLAND. [Sax. utland, from ut, out, 
 and land.] In Saxon law. Land lying 
 without or beyond the demesne lands of 
 a manor, and occupied by the lord's ten- 
 ants ; tenemental land ; the tenancy. 
 Spelman, voc. Inland. 
 
 OUTLAW, [from Sax. utlagh, ut- 
 laughe ; L. Lat. utlagatus, exlex.J In 
 English law. One who is put out of the 
 law, (extra legem positus,) that is, deprived 
 of its benefit. Cornell. Anciently called 
 frendlesman (friendless man, or outcast) 
 and wulfesheofod, (wolf's head, caput lupi- 
 num,) being liable to be killed like a wild 
 beast. See Caput lupinum. In modern 
 law, the word has a much less intense 
 meaning ; importing, however, the forfeit- 
 ure of property and loss of civil rights. 
 See Outlawry. 
 
 To OUTLAW. [L. Lat. utlagare, exle- 
 gare.'] In practice. To put out of the 
 law, or out of the protection of the law. 
 See Utlagare. 
 
 OUTLAWRY, Outlary. [L. Lat. utla- 
 garia ; L. Fr. utlagarie.'\ In practice. 
 
 The being put out of the law ; the state 
 of being put out of the law. 
 
 The process of putting a person out of 
 the protection of the law, both in regard 
 to his property, and to some extent as to 
 his person. A proceeding adopted against 
 a defendant who has absconded and can- 
 not be found ; its ultimate object in civil 
 cases being to obtain effectual access to 
 his property, which becomes forfeited and 
 may be seized and sold. 3 Steph. Com. 
 
 568. In England, it is effected by issuing 
 writs of exigent and proclamation, under 
 which the defendant is exacted, or called 
 and proclaimed at five successive county 
 courts, when if he fail to appear he is ad- 
 judged an outlaw, and further process is 
 then issued to seize his property. Id. 
 
 569. In criminal law, outlawry is in the 
 nature of a punishment, and its effect in 
 all cases is to disable the party outlawed 
 from enforcing any of his legal rights in a 
 court of justice. 4 Steph. Com. 387, 388. 
 Cole on Crim. Inform. 78, 98. Outlawry 
 may be reversed by plea or writ of error 
 according to the case ; and recently an 
 outlawry was reversed in the Queen's 
 Bench, after the lapse of one hundred and 
 sixteen years. 7 Ad. ^ Ell. N. S. 216. 
 
 Outlawry has been adopted as a pro- 
 ceeding in American practice, though the 
 cases in which it is resorted to, are of 
 comparatively rare occurrence. 
 
 OUTPARTERS. A name given in old 
 English statutes to certain depredators 
 from Redesdale, on the northern border of 
 England, who made incilrsions into Scot- ■ 
 land, and brought back to their accompli- 
 ces at home (called Intakers) any booty 
 they had taken.* Spelman, voc. Intakers. 
 Stat. 9 Hen. V. c. 8. 
 
 OUTRAGE. L. Fr. [from outre, over?] 
 In old English law. Excess; more than 
 is one's due or right. JEt volons que ceux 
 que serrount amercyes pur destresse faite 
 par eux oustre le value de lour demaunde 
 — soient en la mercy pour le outrage ; and 
 we will that those who shall be amerced 
 for distress made by them beyond the 
 value of their demand — shall be in mercy 
 for the excess. Britt. c. 27. Si ascun 
 comuner vodra faire outrage, and prendre 
 plus que il ne devera ; if any commoner 
 will do excess, and take more than he 
 ought. Id. c. 51. 
 
 OUTRAGIOUS, Outraious. L. Fr. 
 [from outrage, q. v.] In old English law. 
 Excessive. Outragious prise; an exces- 
 
OVE 
 
 (269) 
 
 give taking ; a taking more fees than was 
 due. Britt. c. 21. £st il amercidble pour 
 sa outraiouse demaunde ; he is amerciable 
 for his excessive demand. Id. c. 53. Id. 
 c. 58. Stat. Westm. 1, c. 31. 
 
 Beyond measure ; unusually large. "Per 
 reason d'un graund, outrageous, and sud- 
 den flood." Dyer, 83, Fr. ed. TJsed also 
 as an English word. " By very great, out- 
 rageous and excessive nombre of people." 
 Stat. 8 Hen. VI. o. 1. 
 
 OUTRE. L. Fr. [from Lat. ultra.] Be- 
 yond. Outre meer ; beyond sea. One of 
 the essoins in old practice. Britt. c. 123. 
 OUTROPER. O. Eng. A person to 
 whom the business of selling by auction 
 was confined by statute. 2 H. Bl. 557. 
 
 OUTSETTER. Sc. Publisher. 3 State 
 Trials, 603. 
 
 OUTSUCKEN MULTURES. In 
 Scotch law. Out-town multures; mul- 
 tures, duties or tolls paid by persons vol- 
 untarily grinding corn at any mill to 
 which they are not thirled, or bound by 
 tenure. 1 Forbes^ Inst, part 2, p. 140. 
 BelVs Diet. voc. Multures. 
 
 OVE. L. Fr. With. Kelham. L. Fr. 
 Diet. This word, like the English " with," 
 is used in the old, books in the sense of 
 " for." " Yaxley qui fuit ove le plaintiff." 
 ITeilw. 43. Judgment fuit done ove le 
 plaintiff; judgment was given with the 
 plaintiff. Dyer, 51 b. De consilio ove le 
 deft. Id. 38. 
 
 OVEL, Owel. L. Fr. Equal. Ovel- 
 ment ; equally. Litt. sect. 210. 
 
 OVELTY. Ih old English law. Equal- 
 ity. Ovelty of services. FincKs Law, b. 2, 
 c. 6. See Owelty. 
 
 OVER is used in the old books in the 
 designation of places. Overdale and JSTer 
 therdale. Keilw. 167. 
 
 OVERHAUL. To inquire into ; to re- 
 view; to disturb. " The merits of a judg- 
 ment can never be overhauled by an origi- 
 nal suit." Eyre, C. J. 2 S. Bl. 414. 
 
 OVERHERNISSA. L. Lat. [Sax. o/er- 
 kerniss, from ofer, over, and kyran, to 
 hear.] In Saxon law. Contempt ; con- 
 tumacy ; despite. Spelman. Contempt of 
 court, or neglect of duty. The forfeiture 
 for such offence. LL. Qui. Conq. 1. 41, 
 note. Sometimes written overseuness, and 
 oversamessa. Id. 
 
 OVERLIVE. To survive; to live 
 longer than another. FincKs Law, b. 1, 
 c. 3, num. 58. 1 Leon. 1. 
 OVER-LORD. In Scotch law. A feu- 
 
 0X0 
 
 Skene de Verb. Sign. voc. 
 
 dal superior. 
 Recognition. 
 
 OVERSMAN. In Scotch law. An um- 
 pire. 1 Karnes' Equity, 290. BelCs Diet. 
 OVERT, Overte, Ouverte. L. Fr. and 
 Eng. Open. Pound-overt; an open or 
 uncovered pound. 3 Bl. Com. 12. Mar- 
 ket overt; open market. 2 Id. 449. Let- 
 tres ouvertes; open letters ; letters patent, 
 (q. V.) 
 
 OVERT ACT. [L. Lat. apertum fac- 
 tum.] In criminal law. An open, mani- 
 fest act from which criminality may be 
 implied. Brande. An open act, which 
 must be manifestly proved. 3 Inst. 12. 
 
 OVERVERT. In old English law. 
 High wood. See Vert. 
 
 OVES. Lat. [pi. of ovis.] Sheep. In 
 the civil law. Under a bequest of sheep, 
 (pvibus) lambs and rams were not included. 
 Dig. 32. 65. 7. Id. 32. 81. 4. But under 
 the name of a flock of sheep (avium grege) 
 both were included. Id. 32. 81. 5.' 
 
 OVESQUE. L. Fr. With. Litt. sect. 
 240. Britt. c. 38. 
 
 For. // voile av' argue ovesque le lease; 
 he would have argued for the lease. Dyer, 
 126 b. 
 
 OVILE. Lat. In old English law. A 
 sheep-fold. Fleta, lib. 2, c. 76, § 4. 
 
 OWEL, Owele. L. Fr. [from Lat. 
 cequalis.] Equal. Fn owele mayn ; in 
 equal hand. Britt. c. 39. Owelment ; 
 equally. Id. c. 119. 
 
 OWELTY. In old English law. Equal- 
 ity. " Ov)elty of partition." Co. Litt. 9 b. 
 A half-French word, sometimes written 
 ovelty and ovealty. Cowell. 
 
 OWLING. In English law. The of- 
 fence of transporting wool or sheep out of 
 the kingdom; so called from its being 
 usually carried on in the night. 4 Bl. 
 Com. 154. Now no offence. Stat. 5 Geo. 
 IV. c. 47. 4 Steph. Com. 291, note. 
 
 "OWNER," in the Ohio mechanics' 
 lien law, held not to be limited in its 
 meaning to an owner of the fee, but to in- 
 clude, also, an owner of a leasehold estate. 
 4 Ohio St. B. 101. 
 
 OXGANG. [Scotch, oxengate ; from ox, 
 and Sax. gang, a going ; L. Lat. hovata.] 
 In old English law. As much land as an 
 ox could till. Co. Litt. 5 a. A measure 
 of land of uncertain quantity. In Scot- 
 land, it consists of thirteen acres. Spel- 
 man. Cowell. See Bovata. 
 
 OXON'. An abbreviation of Oxonia, 
 Oxfordshire. 1 Inst. Cler. 28. 
 
OYE 
 
 (270) 
 
 PAC 
 
 OYEL, Oyell, Oyl. L. Fr. In old re- 
 cords. Yes. Tearb. P. 1 Edw. III. 12, 
 18. T. 3 Edw. III. 14. Oyell syr ; yes, 
 sir. Kielw. 147. Oyl, certes. P. 10 
 Edw. III. 61. 
 
 OYER, Oier, Oir. L. Fr. [from Lat. 
 audire, to hear.] To hear. Oyes, (q. v. ;) 
 hear you. Oyez, (q. v. ;) hear ye. Oyant; 
 hearing. lAtt. sect. 240. T. Jm. 163. 
 Oy, oys; heard. Britt. c. 24. Oy crier; 
 heard to cry. Id. c. 61. 
 
 To audit. Auditors d'oyer Vaecompt. 
 Tearh. T. 9 Hen. VI. 32. 
 
 OYER. L. Fr. and Eng. [L. Lat. audi- 
 tM«.] In old practice. Hearing; the hear- 
 ing a deed read, which a party sued on a 
 bond, &c. might pray or demand, and it 
 was then read to him by the other party ; 
 the entry on the record being, et ei legitur 
 in hcec verba, (and it is read to him in 
 these words.) Steph. PI. 67, 68. 3 Bl. 
 Com. 299. 3 Salk. 119. 
 
 In modern practice. . A copy of a bond 
 or specialty sued upon, given to the oppo- 
 site party, in lieu of the old practice of 
 reading it. 
 
 OYER ET TERMINER. L. Fr. To 
 hear and determine. A oyer et terminer 
 toutes quereles ; to hear and determine all 
 complaints. Britt. fol. 1. De oyr et de- 
 terminer. Art. sup. Cart. 
 
 OYER AND TERMINER. A half 
 French phrase applied in England to the 
 assizes, which are so called from the com- 
 mission of oyer and terminer directed to 
 the judges, empowering them to " inquire, 
 hear and determine'''' all treasons, felonies 
 and misdemeanors. 4 Bl. Com. 269, 270. 
 4 Steph. Com. 333. This commission is 
 now issued regularly, but was formerly 
 used only on particular occasions, as upon 
 sudden outrage or insurrection in any 
 place. Stat. Wesim. 2, c. 29. F. W. B. 
 fol. 110 B. Cowell. 
 
 In some of the United States, the 
 higher criminal courts are called courts of 
 oyer and terminer. 
 
 OYES. L. Fr. [from oyer, q. v.] 
 Hear; hear you, (in the singular.) Ceo 
 oyes vous home; hear this, you man. 
 Britt. c. 22. 
 
 OYEZ. L. Fr. [from oyer, q. v.] Hear 
 ye. The introductory word of proclama- 
 tions made by the criers of courts, retain- 
 ed from the old French form, but most 
 unmeaningly pronounced, (as though it 
 were English,) yes. 4 Bl. Com,. 340, 
 note. " Clerk of Cr. ' Crier, make an 
 
 yes.'' Cr. O yes ! You good men that aro 
 impannelled," &c. 7 How. St. Trials, 2, 
 3, 161. 
 
 In American courts, the English "Hear 
 ye," is commonly employed. 
 
 P. 
 
 PACARE. L.Lat. In old records. To 
 pay. 1 Mon. Angl. 384. Pacatio; pay- 
 ment. Matt. Paris. A. D. 1248. Cowell. 
 
 PACT. [Lat. pactum!] An agree- 
 ment. This word is rarely used alone in 
 English, except as the translation of the 
 Lat. pactum, (q. v.) A pact is, in strict- 
 ness, not a contract. 
 
 PACTIO. Lat. [from pangere, to strike.] 
 In the civil law. A bargaining or agree- 
 ing, of which pactum, (the agreement it- 
 self,) was the result. Calv. Lex. It is 
 used, however, as the synonyme of pac- 
 tum. 
 
 PACTO. Span, [from Lat. pactum, 
 q. v.] In Spanish law. A proniise. 
 White's New JRecop.'h. 1, tit. 6, c. 1, § 1. 
 
 PACTUM. Lat. [from ^aw^'ere, to strike.] 
 In the civil law. A pact. An agreement 
 or convention without specific name, and 
 without consideration, which, however, 
 might, in its nature, produce a civil obliga- 
 tion, {conventio destitutd. nomine et causa, 
 quae obligationem civilem sua naiurd, produ- 
 cere possit.) Heinecc. Elem. Jur. Civ. lib. 
 3, tit. 14, § 775. A pact was distinguish- 
 ed from a contract, (contractus^ which had 
 a specific name or present consideration, 
 and carried with it a civil obligation, both 
 being species of conventio, (convention,) 
 which was the general term. Id. §§ 773 — 
 776. I)o ut des (I give that you may give) 
 was a contract. Dabo ut des (I will give 
 that you may give) was a pact. Calv. 
 Lex. An action lay upon a contract, but 
 not on a pact. Id. 
 
 Facta conrenta, qu% neqne contra leges, 
 Deque dolo malo inita sunt, omni modo ob- 
 
 SCrvanda sunt. Compacts which are not 
 against law,- nor entered into with a fraud- 
 ulent design, are in all respects to be ob- 
 served. Cod. 2. 3. 39. 
 
 Pacta privata non dcrogant jnri communi. 
 Private agreements cannot derogate from 
 common right (or law.) 7 Co. 23 b, Butts 
 case. Parties cannot charge a thing with 
 rent which is not chargeable by the law. 
 Id. ibid. Otherwise expressed, Pactis pri- 
 
 vatorum jnri publico non derogatur. 4 CI. 
 
 S Fin. 241. Broom's Max. [544.] 
 
PAI 
 
 (271) 
 
 PAN 
 
 Pacta quEB contra leges constitntionesque, 
 Tel contra bohos mores flunt, nnllum vim ha- 
 bere, indubitati juris est. That contracts 
 ■which are made against law or against 
 good morals, have no force, is a principle 
 of undoubted law. Cod. 2. 3. 6. 
 
 Pacta qnie tnrpem causam continent non 
 
 sunt observanda. Agreements founded up- 
 on an immoral consideration are not to be 
 observed. Biff. 2. 14. 27. 4. 
 
 PAGA. Span. In Spanish law. Pay- 
 ment. Las Partidas, part 6, tit. 14, 1. 1. 
 Pagamento ; satisfaction. 
 
 PAIARE. L. Lat. In old statutes. 
 To pay. Paiavit; (be) paid. St. Westm. 
 2, c. 41. 
 
 PAIN, Peyne. [Lat. poena.] A penalty. 
 "To incur a pain;" "to pay a pain." 1 
 Leon. 203. "Under pain," "pains and 
 penalties," are expressions still used. 
 
 PAINE (or PEINE) FORT ET DURE. 
 L. Fr. [L. Lat. pcena fortis et dura.] In 
 old English law. Literally, strong and 
 hard or severe punishment. A dreadful 
 punishment inflicted iipon those who, be- 
 ing arraigned of felony, stood obstinately 
 mute and refused to plead, or put them- 
 selves upon the country. 4 £1. Com. 324, 
 325. It is called in Britton, penance, 
 (penaunce, q. v.) and in the statute of 
 Westminster 1, (c. 12,) prison fort et dure, 
 which Blackstone {ub. sup.) considers as 
 the proper and original expression. See 
 Barringt. Obs. Stat. 82 — 87. 
 
 This punishment, which was vulgarly 
 called pressing to death, is thus minutely 
 described by Staundford, as quoted in 
 ■Cowell: "He shall be sent back to the 
 prison .whence he came, and laid in some 
 low dark house, where he shall lie naked 
 on the earth, without any litter, rushes or 
 other clothing. And he shall lie upon his- 
 back, with his head covered and his feet, 
 and one arm shall be drawn to one quarter 
 of the house with a cord, and the other 
 arm to another quarter, and in the same 
 manner let it be done with his legs ; and let 
 there be laid upon his body iron and stone, 
 as much as he may bear, or more ; and the 
 next day following ho shall have three mor- 
 sels of barley bread without drink, and 
 the second day he shall have drink three 
 times, as much at each time as he can 
 drink, of the water next unto the prison, 
 except it be running water, without any 
 bread : And this shall be his diet till he 
 die."- Staundf. PI. Cor. lib. 2, c. 60. See 
 a case in which it was 'ordered, Keilw. 70. 
 
 PAIS, Pays. L. Fr, [L. Lat. patria.] 
 In old English law. Country ; the coun- 
 try ; a jury, as coming from the country or 
 neighborhood. 3 Bl. Com. 359. Trial 
 per pais ; trial by the country, that is, by 
 jury. Id. 349. See Pays. Be faire ve- 
 rier pais b, eertein jour ; to cause a jury to 
 come- at a certain day. Tearh. M. 5 Edw. 
 IIL 131. See M. 8 Edw. IIL 36. 
 
 The word is still constantly used in the 
 books, in the phrase in pais, (q. v.) 
 
 Issue (to the country.) Et sur ceo pais 
 se joint ; and upon this issue was joined. 
 Yearb. M. 8 Edw. IIL 5. 
 
 PAIX. L. Fr. In old practice. Peace ; 
 the peace or concord in a fine of lands. 
 See Peace. 
 
 PALACE COURT. In English law. 
 A court of legal jurisdiction, held in the 
 borough of Southwark. See Marshalsea. 
 
 PALAM. Lat. In the civil law. Openly; 
 in the presence of many, (coram pluribus.) 
 Big. 50. 16. 33. 
 
 iPALATIUM. Lat. A palace. The 
 emperor's house in Rome was so called 
 from the Mons Palatinus on which it was 
 built. Adam'' s Pom. Ant. 613. 
 
 PALATIUM. L. Lat. In old English 
 law. A paling ; a fence. Fleta, lib. 4, c. 
 18, §1. 
 
 PALEA. Lat. Chaffi A canon said 
 to be so called by Gratian. 2 How. St. 
 Trials, 1167, 1172. But Sir Henry Spel- 
 man argued it might be a Latinized form 
 of the Gr. mAaia, old or ancient. Id. 1172, 
 1173. 
 
 PALEFRETUM. L. Lat. In old Eng- 
 lish law. A palfrey. Fleta, lib. 2, c. 73, 
 §19. 
 
 PALINGMAN. In old English law. 
 A merchant denizen ; one born within the 
 English pale. Blount. 
 
 PALICEA, Pallida. L. Lat. In old 
 records. A paling or paled fence. Cow- 
 ell. Blount. 
 
 PALLACIUM. L. Lat. In old Eng- 
 lish law. Palace ; a palace. Mem. in 
 Scacc. H. 22 Edw. I. 
 
 PALMATA. L. Lat. In old records. 
 A handful. Blount. 
 
 PANDECTS. [Lat. Pandectm ; Gr. 
 iiavJfiKTai, from Ttav, all, and Se^oiiat, tc^receive.l 
 A compilation of Roman law in fifty 
 books, published A. D. 533, consisting 
 of selections from the writings of the old 
 jurists, made by Tribonian and sixteen as- 
 sociates, under the direction pi Justinian, 
 and constituting one of the Kiur principal 
 
PAN 
 
 (273) 
 
 PAR 
 
 divisions of the Corpus Juris Civilis. It 
 is otherwise called the Digests, (Lat. Di- 
 gesta, q. v.) and was intended to form a 
 general repertory for the jus civile, as the 
 Code famished for the constiiuiiones. 1 
 MacTceld. Civ. Law. 51—54, §§ 62—64. 1 
 Keats Com, 539 — 541. See ^jjr. prooem. 
 De Cmf. Big. § 1. Cod. 1. ]7. 1. 12. 
 
 The Pandects are now usually cited by 
 English and American jurists, by num- 
 bers, thus: Big. 23. 3. 5. 6, meaning, book 
 23, title 3, law or fragment 5, section 6 ; 
 otherwise, D. 23. 3. fr. 5. § 6 ; orfr. 5. § 6. 
 D. 23. 3. The former mode of citing was 
 by titles and initial words, thus : D. de jure 
 dotium, L. profectitia, § si pater ; or vice 
 versa, L. profectitia, § si pater, D. de jure 
 dotium. From this afterwards originated 
 the following : L. profectitia 5, § si pater 
 6, D. de jure dotium ; and lastly, L. 5. § 6. 
 D. de jure dotium, which is the form now 
 commonly used by the continental jurists 
 of Europe. 1 MacTceld. Civ. Law, 64, 55, 
 § 65. And see Taylor's Civ. Law, 24, 
 25 
 
 PANDOXAEE. L. Lat. In old re- 
 cords. To brew. Cowell. 
 
 Pandoxatrix ; an ale-wife ; a woman 
 that both brewed and sold ale and beer. 
 Id. 
 
 PANEL, Panell, Pannel. [L. Lat. pa- 
 nella, panellum-l In practice. A list of 
 the names of jurors returned by the sher- 
 iff for the trial of a cause, which, in Eng- 
 land, is written on an oblong piece of parch- 
 ment annexed to the jury process. 3 Bl. 
 Com. 353. 
 
 According to Lord Coke, panel is an 
 English word, and signifies a little part ; 
 for a pane is a part, and a panel is a little 
 part. Co. Litt. 158 h. And see Poriescue 
 de L. L. Anglice, c. 25, note. But Spel- 
 man considers it to mean a sheet or page, 
 {schedula vel pagina,) or properly a little 
 page, [pagella) and refers to two old An- 
 glo-Latin Dictionaries which give this 
 meaning. 
 
 PANEL, Pannel. In Scotch law. A 
 prisoner who is arraigned for trial at; the 
 bar of a criminal court. 2 Forbes'' Inst. 
 336. 
 
 PANIS. Lat. In old English law. 
 Bread ; loaf; a loaf. Fleta, lib. 2, c. 9. 
 
 PANNAGE, Pawnage. [L. Lat. pem^ 
 nagium.] In old English law. Food that 
 swine fed on in the woods, as mast of 
 beech, acorns, <kc. which some called ^awns. 
 Cowell. Barringt. Stat. 36, note [c] 
 
 A duty for feeding in woods. Fleta, 
 lib. 2, c. 41, § 31. 
 
 PANNU8. L. Lat. In old English 
 law. Cloth. Una latitude pannorum 
 tinctorum ; one width of dyed cloths. 
 Magna Ckarta, 9 Hen. III. c. 25. Fleta, 
 lib. 2, c. 12, § 10. 
 
 PAPER BOOKS. In English practice. 
 Copies of the proceedings on an issue in 
 law or demurrer, of cases, and of the pro- 
 ceedings on error, prepared for the use of 
 the judges, and delivered to them previous 
 to bringing the cause to argument. 3 Bl. 
 Com. 317. Arch. New Pr. 353. 5 Man. 
 & Gr. 98. 
 
 The term is used in Pennsylvania prac- 
 tice. Reg. G^en. Dec. 17, 1846. 4, Penn. 
 St. (Barr's) i?. 263. 
 
 PAPER. In English practice. The 
 list of causes or cases intended for argu- 
 ment, called " the paper of causes." 1 
 Tidd's Pr. 504. 
 
 PAPER DAYS. In English practice. 
 Days for going through the paper of causes 
 entered for argument. 1 Tidd^s Pr. 504. 
 
 iiAnnos, ninms. Gr. In the civil law. 
 Grandfather. Nov. 18, c. 3. 
 
 PAR. Lat. Equal; like. Par in pa- 
 rem imperium non habet. An equal has no 
 command over his equal. Jenk. Cent. 1 74, 
 case 48. One justice of peace cannot 
 commit another justice of peace for breach 
 of the peace. Id. ibid. 
 
 PAR OF EXCHANGE. In mercan- 
 tile law. The precise equality or equiva- 
 lency of any given sum or quantity of 
 money in the coin of one country, and the 
 like sum or quantity of money in the coin 
 of any other foreign country into which it 
 is to be exchanged, supposing the money 
 of each country to be of the precise weight 
 and purity fixed by the mint standard of 
 the respective countries. Story on Bills, 
 § 30, and note. 
 
 PAR. L. Lat. In old English law. A 
 pair. Par calcarium deauratorum ; a pair 
 of gilt spurs. Beg. Orig. 2. 
 
 PAR. L. Fr. By. Par poy et par 
 poy ; by little and little. Britt. c. 61. 
 
 PAR DELICTUM. Lat. Equal guilt. 
 " This is not a case of par delictum ; it is 
 oppression on one side and submission on 
 the other; it never can be predicated as 
 par delictum when one holds the rod and 
 the other bows to it." Lord Ellenborough, 
 
 & M. & S. 165. See Cum par delictum, 
 &c. In pari delicto, &c. 
 
 PARAGE, L. h\. [L. Lat. paragium, 
 
PAR 
 
 (273) 
 
 PAR 
 
 from par, equal.] In old English law. 
 Equality of condition, blood or dignity. 
 See Disparage. 
 
 Equality of lands in the partition of an 
 inheritance. Spelman. Teaar&hy parac/e 
 was where several persons, descended from 
 the same 'ancestor, held equal portions of 
 an inheritance. BlacJcst. L. Tr. 30. 
 
 In feudal law. Equality of condition be- 
 tween perso^ns holding unequal portions of 
 a fee, as between younger sons holding the 
 smaller part and the elder son holding the 
 largest. Oalv. Lex. And see Guyot, Inst. 
 Feod. ch. 18. 
 
 PARAMOUNT, [from Fr. par, by, and 
 amount, above, or amounter, to ascend.] 
 In English law. Ahove; over; oyer all. 
 Paramount es;pecifie ; above specified. Kel- 
 ham. 
 
 A term applied to the supreme lord of a 
 fee, between whom and the tenant, or i&n- 
 axA paruvail, there was an intermediate or 
 me«»elord. ,F. JST. B.l^bM.. Z Bl. Com. 
 234. lAtt. sect. 144. Cowell. 
 
 Upwards. The correlative of paravail, 
 downwards. The , meaning of both terms 
 is well illustrated in the following passage : 
 "An inheritance in land descends down- 
 wards in the direct line, paravail (that is, 
 below) the purchaser, ^nd if there is none 
 in that line, then: in the collateral or trans- 
 versal line paravail, and if there is none such 
 paravail, then it shall go to the heirs in the 
 collateral or transversal line.ascsnding.^aro- 
 Vioimt, (that.is, up,wards.") Plowd. 449. 
 
 PARAPHERNA. GKBco^Lat. [Gr. 
 naiiafsiiw, from irapi, besides, and ^Epi/ij, dowry.] 
 In tlie Roman law. Goods which a woman 
 brought to her husband besides her dos, or 
 portion. Dig. 23. 3. 9. 3, See Cah.Lex. 
 
 In Eleta, this word is written paraferna, 
 and called a spefiies of dower. Fleta, lib. 
 5 c. -23 8 6. 
 
 ' PARAPHERNALIA. Grasco-Lat. [from 
 Gr. jrapo, besides, and ^cpi/i;, dowry.] See 
 Parapherna. Calv. Lex. 
 
 In English, law. Those goads which, a 
 v/oman is allowed to have,, after the dea,th 
 of her husband, besides her dowgr, consist- 
 ing of her apparel and ornaments, suitable 
 to her rank and degree, 2 Bl. Com. 436. 
 See 1 Williams on Exec. 643 — 649. 
 
 PARATITLA. Gr£8C0,-Lat. [Gr. :r<.par<rX<..] 
 
 In the civil law. Notes or abstracts pre- 
 fixed to titles of , law, giving a summary of 
 their contents. Cod. 1. 1*7. 1. 12. 
 
 PARAVAIL, Peravaile. [L. Fr. para- 
 val, from par, and av(tler, to descend, to be 
 
 Vol. IL 18 
 
 under.] In English law. Below ; at the 
 bottom. Paraval les pountz ; below the 
 bridges. Kelham. Tenant paravail was 
 the lowest tenant of land, holding of a 
 mesne lord who himself held of a lord 
 paramount. Cowell. 2 Bl. Com. 60. 
 
 Downwards. Plowd. 449. 
 
 The etymology of the word is clearly 
 shown in the use of the Fr. paraval, and 
 by the correlative paramount, (q. v.) but 
 Lord Coke prefers deriving it from avayl 
 or avail, in the sense of profit. 2 Bl. Com. 
 60. 
 
 PARAVEREDUS,,i'ar(y>«£?as. L.Lat. 
 In old European law. A post-horse, em- 
 ployed in the public service. L. Boior. 
 tit. 1, c. 14, § 4. Marculph. lib. 1, form. 
 11. The paravaredi were horses furnished 
 for; the king's use by the freemen under the 
 monarchy of the Franks. JSsprit des Lois, 
 liv. 30, c. 13. 
 
 PARCEL. [L. Lat. particula.\ In con- 
 veyancing. A word used as synonymous 
 .with piece : " All that certain lot, piece or 
 parcel. oi land." It seems obviously formed 
 from parcella, (q. v.) which signified a 
 small piece. 
 
 PARCELLA. L. Lat. [qu. parsella, 
 dimin. of pars, a part ?] In old records. 
 A small piece. Cowell. Blount. 
 . In- old pleadings. A parcel or bundle. 
 2 Stra. 809. 
 
 PARCENER. L,Fr. andEng. [L.Lat. 
 particeps,parcennarius.'] A co-heir of lands ; 
 otherwise termed coparcener, (q. v.) One 
 who holds an estate with others in copar- 
 cenary, (q. V.) 2 Bl. Com. 187. 
 
 Parceners are so called, according to 
 Littleton, because they may be constrained 
 to make partition. Litt. sect. 2 il. Cowell 
 makes the word to be quasi parcellers. It 
 is used byBritton (c. 71,) in its present 
 form. 
 
 PARCHEMIN, Parchemyn, Pargemin. 
 L. Fr. [from Lat. pergamena.'\ Parchment; 
 a parchment ; a manuscript on parchment. 
 Kelham. 
 
 PAROUS. L. La,t. [from O. Fr. pare, 
 an enclosed place.] In old English law, 
 A pound ; a place for confining cattle f»and 
 doing damage. Spelman. The-useofthe 
 word, in this sense, is shown by Spelman. 
 to have been introduced into England; \>w: 
 the Saxons, from- the continent of Europe";- 
 it_ distinctly occurring in the laws of the 
 Ripuarians, as in the following passage : Si 
 quispeculiupi alienum,in messe adprehen- 
 sum, ad parcum minare non permiserit, 15 
 
PAE 
 
 (274) 
 
 PAR 
 
 sol. culpahilis judicetur ; if any one shall 
 not permit a strange beast found in one's 
 harvest (or grain field) to be driven to the 
 pound, he shall be condemned to forfeit 
 fifteen solidi. L. Hipuar. tit. 82, § 2. 
 
 A park ; an enclosed place for the pre- 
 servation of deer. Spelman. Fleta, lib. 
 1, c. 24, § 11. See Park. 
 
 PARDON ARE. L. Lat. In old Eng- 
 lish law. To pardon. Fleta, lib. 1, c. 28, 
 §§1,2. Pardonavit ; (he) pardoned. Id. 
 ibid. 
 
 PARDONATIO. L. Lat. [from par- 
 donare, q. v.] In old English law. Par- 
 don; a pardon. Fleta, lib. 1, c. 28, § 1. 
 
 PARENS. Lat. and L. Lat. [Fr. joareji^.] 
 A parent ; a father or mother. This vfas 
 the original and proper sense of the word. 
 
 In the civil law. Any relative in the 
 direct ascending line, whether male or fe- 
 male ; a progenitor. ^/ipeZZaiiowe parentis 
 non tantmti pater, sed etiam avus et proavus, 
 et deinceps omnes superiores continentur ; 
 sed et mater et avia et proavia ; under the 
 name of parent are included not only a 
 father, but also a grandfather and great- 
 grandfather ; and also a mother, grand- 
 mother and greatgrandmother. Dig. 50. 
 17. 51. Id. 2. 4. 4. 2, 3. 
 
 In feudal and old English law. A relative 
 by blood ; a cousin, (cognatus, consangm- 
 neus.) Feud. Lib. 1, c. 24. Spelman. 
 Parens est nomen penerale ad omne genus 
 cognationis ; parent is a general name for 
 every kind of relationship. Co. Litt. 80 b. 
 Litt. sect. 108. Mag. Cart. Joh. c. 50. 
 In the statute of Marlbridge (c. 1 7,) it is 
 translated a friend. 
 
 PARENS PATRI^. Lat. Parent of 
 the country. In England, the king, as pa- 
 rens patriae, has the general superintend- 
 ence of all charities. 3 Bl. Com. 427. 
 
 In the United States, the state, as a 
 sovereign, is the parens patrice. 9 How- 
 ard's R. 55. 17 Id. 384, 393. See 4 
 Kenfs Com. 508, note. 2 Storg's Fq. Jur. 
 § 1189. 
 
 PARENT. L. Pr, A kinsman or rela- 
 tive. Britt. c. 31. LL. Gul. Conq. 1. 45. 
 
 PARES. L. Lat. In old English law. 
 Equals; peers; equals in rank or dignity. 
 Magna Charta, 9 Hen. III. c. 14. Id. 
 Johan. c. 21. The freeholders of a neigh- 
 borhood. 2 Bl. Com. 315. See Coram 
 paribus. 
 
 PARES CITRIC, (or CURTIS.) L. 
 Lat. In feudal and old English law. Peers 
 of the court. A lord's tenants who sat in 
 
 his court to try their fellow tenants. 2 Bl. 
 Com. 64. Feud. Lib. 1, titt. 2, 3, 4. Lib. 
 2, titt. 2, 16 — 19, et passim. See Peers. 
 
 The barons who sat in the king's courts 
 for the trial of their peers. 2 Bl. Com. 
 54. Spelman. 
 
 PARES REGNI. L. Lat. Peers of the 
 realm. Spelman. See Peers. 
 
 TARFOHENY, Parfurni. L.Fr. Per- 
 fected ; completed. A term applied to a 
 judgment. Britt. cc. 2, 106, 110. 
 
 PARIARE. L. Lat. [from par, equal.] 
 In old Scotch law. To make equal. Pa- 
 riare rationes ; to square accounts. Skene 
 de Verb. Sign. voc. Scaccarium. 
 
 Paribns sententiis reus absohitnr. Where 
 the opinions are equal, [where the court is 
 equally divided] the defendant is acquitted. 
 4 Inst. 64. Called by Lord Coke, "an 
 old rule." 
 
 PARI PASSU. Lat. By an equal 
 progress ; equably ; rateably ; without pre- 
 ference. Coote on Mortgages, 56. 
 
 PARICLA, Paricula. L. Lat. [from 
 par, alike.] In old European law. A 
 charter or deed {charta paricula) which 
 was like another in all respects ; a dupli- 
 cate. Marculph. lib. 1, form. 38. These 
 pariculce are supposed by Spelman to have 
 been the origin of the English indentures. 
 
 PARIENTES. Span, [from Lat. parens, 
 q. v.] In Spanish law. Relations. White's 
 New Recop. b. 1, tit. 7, c. 5, § 2. 
 
 PARIES. Lat. In the civil law. A 
 wall. Paries est, sive murus, sive mdceria 
 est. Dig. 50. 16. 157. 
 
 PARIES COMMUNIS. Lat. In the 
 civil law. A common wall ; a party wall. 
 Dig. 29. 2. 39. 
 
 PARISH. [L. Lat. parochia; L. Pr. 
 parocke, paroisse, from Gr. TapoiKia, a neigh- 
 borhood.] In English law. A circuit of 
 ground, committed to the charge of one 
 parson or vicar, or other minister having 
 cure of souls therein. 1 Bl. Com. 111. — 
 The precinct of a parish church, and the 
 particular charge of a secular priest. Cow- 
 ell. — An ecclesiastical division of a town or 
 district, subject to the-ininistry of one pas- 
 tor. Brande. 
 
 In American law, parishes are recognized. 
 As to their nature, and how distinguished 
 from churches, see Baker v. Fales, 16 
 Mass. R. 488. Parker, C. J. Id. 492, 
 499, et seq. In some of the states, they 
 constitute civil divisions corresponding to 
 counties. 
 
 PARIUM JUDICIUM. L. Lat. In 
 
PAR 
 
 (375) 
 
 PAR 
 
 old English law. Judgment of the peers ; 
 trial by jury. Magna Charta, c. 30. 
 
 Spelman has traced this phrase to the 
 laws of the Lombards, and the following 
 passage extracted by him has a striking 
 similarity to the celebrated provision of 
 Magna Charta : Prcecipimus et firmiter 
 statuimus, ut nullus miles, &c. sine certa 
 et convicta culpa, suum beneficium perdat, 
 nisi secundum consuetudinem antecessorum 
 nostrorum et judicium parium suorum ; wc 
 command and firmly ordain that no military 
 tenant, &c. without an offence distinctly 
 charged and proved, shall lose his benefice 
 (or fee) unless according to the custom of 
 our ancestors, and the judgment of his 
 peers. LL. Longoh. lib. 3, tit. 8, 1. 4. 
 
 PARK. [Lat. parens, from 0. Fr. pare, 
 an enolosureT] In English law. A tract 
 of enclosed ground privileged for keeping 
 wild beasts of the chase, particularly deer ; 
 (damarum vivarium.) Spelman. — An en- 
 closed chase, extending only over a man's 
 own grounds. 2 Bl.Oom. 38. See CAase. 
 
 PARK-BOTE. In old English law. 
 The being quit of enclosing a park or any 
 part thereof. 4 Inst. 308. 
 
 PARLE HILL, or PARLINGE HILL. 
 In old records. A hill where courts were 
 anciently held. Spelman speaks of the 
 term as still retained in Ireland. Spelman, 
 voc. Parlamentum. See Moot hill. 
 
 PARLER. L. Fr. To speak. Par- 
 lance; speech. L. Fr. Diet. Parlour; 
 a speaker. Kelham. 
 
 PARLIAMENT. [L. Lat. parliamentum, 
 parlamentum, parlementum ; from Fr. par- 
 ler, to speak.] The supreme legislative 
 assembly of Great Britain and Ireland, 
 consisting of the King or Queen, and the 
 three estates -of the realm, viz. the lords 
 spiritual, the lords temporal, and the com- 
 mons. 1 £1. Com,. 153. See Parlia- 
 mentum. 
 
 The term parliament is first met with in 
 42 Hen. III. but was not used in its mod- 
 ern sense until the reign of Edward I. 
 Report of Lords'' Comm. 1823, quoted 1 
 Spencers Chancery, 328, note. Seel Ohitt. 
 Bl. Com. 147, and note. Barringt. Ohs. 
 Stat. 11. 
 
 PARLIAMENTUM. L. Lat. In old 
 English law. Parliament. The supreme 
 council or legislative assembly of the realm 
 of England ; the highest court of the realm. 
 Co. Litt. 109 b. 4 Inst. 2. Fortescue de 
 L. L. Anglian, c. 18. FUta, lib. 2, c. 64, 
 § 1. Id. lib. 2, 0. 2, § 1. 
 
 PARLIAMENTUM INDOCTUM. L. 
 Lat. Unlearned or lack-learning parlia- 
 ment. A name given to a parliament held 
 at Coventry in the sixth year of Henry IV. 
 under an ordinance requiring that no law- 
 yer should be chosen knight, citizen or 
 burgess ; " by reason whereof," says Sir 
 Edward Coke, " this parliament was fruit- 
 less, and never a good law made thereat." 
 4 Inst. 48. 1 Bl. Com. 111. 
 
 PARMI, Parmy, Parme. L. Fr. By. 
 Parmy sa bouche ; by his mouth. Britt. 
 c. 22. Sometimes written as two words, 
 per my, (q. v.) 
 
 Through ; throughout. Parmi le realm; 
 throughout the realm. Artie, sup. Chart. 
 c. 1. Vsaua nostre roiaume. Conf. Cartar. 
 25 Edw. L 
 
 PARNER. L. Fr. To take. De ceux 
 queux parnent outragious tolnef; of those 
 who take excessive or exorbitant toll. 
 Stat.Westm. 1, c. 31. 
 
 PARNOUR. L. Fr. [from carreer, q. v.] 
 A taker. Artie, sup. Chart, a. 2. 
 
 PAROCH. O. Sc. [from Lat. parochia, 
 q. v.] In Scotch law. Parish ; a parish. 
 1 BelVs Ap. Cos. 595. 
 
 PAROCHE, ParocJce. L. Fr. [from 
 Lat. parochia, q. v.] A parish. Car en 
 une ville purrount estre plusurs parockes, 
 et en une paroche plusurs maners; for in 
 one vill (or town) there may be several 
 parishes, and iu one parish several manors. 
 Britt. c. 50. 
 
 PAROCHIA. L. Lat. [from Gr. «p».«,., 
 a neighborhood.] In old English law. A 
 parish. Fleta, lib. 4, c. 15, § 9. Id. lib. 6, 
 c. 51, § 4. Parochia est locus in quo degit 
 populus alicujus ecclesice; a parish is the 
 place in which the people of [attending] 
 any church reside. 5 Co. 67 a, Jeffrey's 
 case. Formerly applied to a diocese or 
 episcopal district. Cornell, voc. Parochi- 
 anus. The word occurs in this, sense, in a 
 charter granted by Ceolwulf, king of the 
 Mercians, A. D. 872. Spelman. 
 
 PAROL, Parole, Parolle. L. Fr. A 
 word. Paroles, parolx ; words. Britt. 
 c. 120. Litt. sect. 1. 
 
 A plaint, plea or pleading. Britt. c. 27, 
 120. The pleadings in a cause. 3 Bl. 
 Com. 293. A suit. Stat. Westm. 1, c. 25'. 
 
 PAROL. Oral; that which is given, 
 or done by word of mouth, as parol evi- 
 dence, (q. V.) 
 
 Not expressed by deed or specialty, as 
 s. parol contract, (q. v.) 
 
 PAROL CONTRACT. Literally, a ver- 
 
PAR 
 
 ( 276 ) 
 
 PAR 
 
 bal contract ; but the term is not confined 
 to this meaning. A written contract not 
 under seal ; a simple contract. 7 Term 
 H. 350, note. Chitiy on Contmets, 4, 
 (Perkins' ed. 1848.) 
 
 Any contract not of record, nor under 
 seal, whether it be written or verbal. 
 Story on Contracts, § 10. 
 
 PAROL EVIDENCE. Oral or verbal 
 evidence ; that which is given by sword of 
 mouth ; th,e ordinary kind of evidence, 
 given by witnesses in court. 3 £1. Com. 369. 
 
 PAROL ■ DEMURRER. la practice, 
 A staying of the pleadings ; a suspension 
 of the proceedings in an action, during the 
 non-age of an infant. 3 £1. Com. 300, 
 Abolished by statute 11 Geo. IV. and 1 
 Will. IV. c. 41, § 10. See Demur. 
 
 PAROL PROMISE. A simple con- 
 tract; a verbal promise. 2 Steph. Com. 
 109. See Parol contract. 
 
 PAROLSDELEY, L. Fr. Words of 
 law ; technical words. Tearh. P. 8 Edw. 
 IIL 24. 
 
 f ajols font plea. Words make the plea. 
 5 Mod. 458. Sir H. Spelman, arg. 2 
 How. St. Trials, 1178. Est un maxime 
 en nostre ley, parols font pie. Yelverton, 
 arg. Yearh. M. 19 Hen. VL 48. 
 
 PARRICIDIUM, Paricidmm._ Lat. 
 
 (from parens, parent, and ccedere, to kill.] 
 n the civil la>w. Parricide; the murder 
 of a,.Tp9fefit. J)iff. 48. 9. 9. 
 
 PARS. Lat. A part. Nemo aliquam 
 partem recte intelligere possit,, antequam 
 lotum iter%m atque iierum, perlegerit ; no 
 one can rightly understand any part,, until 
 he has read the whole thioagh again and 
 again. 3 Go. 59 bi Said .of the constrac- 
 tion of a statute. 
 
 Parte .quacunque iiiiegrante subjata, tolli- 
 tjjr totup. Any integral part being taken 
 awa.yi the whole is taken away. 3 Co. 
 41 a, Mo.tdiff'' s case. A maxim quoted fixim 
 Aristotle, 0-ih- Topicorum,) with the quali- 
 fication that ^aj'S ifitegrans be understood 
 to mean a necessary part, and applied to 
 the incapacity of J.!ie half blood to inherit, 
 " because he wants one of the bloods 
 which should make hiijj heritable." Id. 
 ibid. 
 
 PARS ENITIA. L. Lat. [L. Fr. 
 reignc j.ort.'] In old English law. The 
 eldest's pai't or share ; the privilege or por- 
 tion of the eldest daughter in the partition 
 of lands by lot. See uEsnetia. 
 
 PARS -RATIONAJJILIS. L. Lat. In 
 old English law. Reasonable part or por- 
 
 tion ; that share of a man's goods which 
 the law gave to his wife and children. 2 
 £1. Cem.,492. Salvis uxori ipsius et pue- 
 ris suis, rationabilibus partibus sttis; sav- 
 ing to his wife and children their reason- 
 able parts. Mag. Cart. 9 Hen, III, c. 18. 
 Jd. J oh. c. 26. 
 
 PARS. Lat, A party (to a snit.) 
 Pars actrix; a party plaintiff. Beg. Orig. 
 9 a. Fleta, lib. 2, c. 63, § 11. ClerMs 
 Prax. Cur, Adm. tit. 4, Singularly trans- 
 lated in Dyer, (179 a,) part actress. Pars 
 agens. 3 St. Trials, 863, 
 
 Pars rea; a party ■ defendant. Stat. 
 Marlhr. c. 13. 
 
 PARS GRAVATA. L. Lat. In old 
 practice. A party aggrieved; the party 
 aggrieved. Mardr. 50. 3 Leon. 237, 
 
 PARSON. .[L. Lat. persona, parsona ; 
 L. Fr. persone.J A parish priest ; one that 
 has full possession of all the rights of a 
 parochial church. Sometimes called the 
 rector (governor) of the church, " but the 
 appellation of parson," observes Sir Wil- 
 liam Blackstone, "however it may be 
 depreciated by familiar, clownish and indis- 
 criminate use, is the most legal, most ben- 
 eficia], and most honorable title that a par- 
 ish priesit can enjoy, because such a one, 
 Sir Edwajrd Coke observes, and he only, is 
 said vicem sett personam ecclesice gerere" 
 [to represent and bear the person of the 
 church.] 1 £1. Com. 384. 
 
 A parson is said to be so called, {^per- 
 sona,) because by his person the church, 
 which is an invisible body, is. represented ; 
 and he is in himself a body corporate, in 
 order to protect and defend the rights of 
 the church which he personates, by a per- 
 petual succession. Co. lAtt. 300. 1 £1. 
 Com. ub. sup. Dr. Wooddesson observes 
 of this derivation, that it seems too refin- 
 ed for common adoption and ordinary use, 
 adding that " Le Paroissien," suggested by 
 Dr. Pegge, in his Anecdotes of the Eng- 
 lish language, seems at least as proba- 
 Me a source, if authorities could be 
 vouched to support it. 1 Wooddes. Led. 
 186, note. 
 
 PARSON IMPARSONEE. L. Fr. 
 [L. Lat. persona impersoriata.^ In Eng- 
 lish law. A ckirk or parson in full pos- 
 session of a benefice. Cowell. 
 
 PARSONA. L. Lat. In old English 
 law. Parson; a parson, Fleta, lib. 2, 
 c. 65, § 12. 
 
 PART AND PERTINENT. In Scotch 
 conveyancing. Formal words correspond- 
 
PAR 
 
 {211) 
 
 PAR 
 
 ing with the English appurtenances. Bell's 
 Diet. 
 
 PARTES FINIS NIHIL HABUE- 
 RUNT. L. Lat. In old pleading. The 
 parties to the fine had nothing, that is, 
 had no estate which could he conveyed 
 hy it. 2 Bl. Com. 357. A plea to a fine 
 which had been levied by a stranger. Id. 
 ibid. 1 P. Wms. 520. 
 
 PARTIAL LOSS. In the law of insur- 
 ance. A degree of damage not amounting 
 to a total loss.* More commonly called 
 particular average, (q. v.) Stevens S Be- 
 necke on Average; 341. 
 
 The total loss of a part. Id. 342. 
 
 PARTIBLE. [L. Lat. partibilis.] In 
 old English law. Divisible ; divisible 
 among several; divisible among all the 
 sons. Hale's Hist. Com. Law, c. 7. 
 Lands in Normandy were of two kinds, 
 viz. partible and non-partible. Id. c. 11. 
 
 PARTICEPS. Lat. [plur. participes ; 
 from pars, a part, and capere, to take.] 
 Literally, a part-taker ; a partaker or 
 sharer ; one jointly interested with an- 
 other; an associate or accomplice. See 
 Pariiceps criminis. 
 
 In old English lawi A part-owner; a 
 parcener. Sunt plures participes quasi 
 unum corpus, in eo quod unum jus habent, 
 et oportet quod corpus sit integrum, et quod 
 in nulla parte sit defectus ; several parce- 
 ners are, as it were, one body, in this, that 
 they have one right, and it is necessaiy 
 that the body be entire, and that there be 
 a defect in no part. Fleta, lib. 6, c. 48, 
 §2. Co.Litt. 164 a. ZJicantor partici- 
 pes quasi partis capaees, sive partem capi- 
 entes, quia res inter eas est communis, 
 ratione phirium personarum ; they are 
 called participes [parceners] as it were 
 partis capaees, [capable of taking part,] or 
 partem eapientes, [taking a part,] because 
 the thing is common between them, in 
 consideration of their being several per- 
 sons. Co. Litt. 164 b. Bract, fol. 66 b, 
 76 b. Fleta, ub. sup. 
 
 PARTICEPS CRIMINIS. Lat. A 
 sharer, partner, participator or accomplice 
 in [of] crime. Applied to parties both to 
 contracts and offences. 2 Kent's Com. 
 467. 1 Story's Eq. Jur. § 302. 1 Rus- 
 sell on Crimes, 26. One who is in pari 
 delicto with another. Called also parti- 
 ceps in crimine. Fleta, lib. 1, c. 38, § 13. 
 
 PARTICULA. L. Lat. In old Eng- 
 lish law. Parcel. Perkins, ch. 10, s. 674, 
 676, 679. 
 
 PARTICULAR AVERAGE. In the 
 law of insurance. Every kind of expense 
 or damage short of a total loss, which re- 
 gards a particular concern, and which is to 
 be borne by the proprietors of that con- 
 cern alone. Stevens d: Benecke on Aver- 
 age, (by Phillips,) 341. — A loss borne 
 wholly by the party upon whose property 
 it takes place ; so called in distinction 
 from a general average, for which different 
 parties contribute. 2 Phillips on Ins. 191. 
 
 Lord Tenterden has objected to this 
 term as " a very incorrect expression, used 
 to denote every kind of partial loss or 
 damage happening either to ship or cargo 
 from any cause whatever." Abbott on 
 Ship. 473. But Mr. Benecke claims that 
 it should be retained, not only- as being 
 universally adopted and understood, but 
 also because it is more expressive than the 
 term partial loss, which may also convey 
 the idea of the total loss of a part, in 
 which sense it is sometimes used. Stevens 
 & Benecke on Average, 342. 
 
 PARTICULAR ESTATE. An estate 
 precedent to an estate in remainder. As 
 an estate for years to A. remainder to B. 
 for life; or, an estate to A. for life, re- 
 mainder to B. in tail. This precedent 
 estate is called the particular estate, as 
 being only a small part or particula of the 
 inheritance, the residue or remainder of 
 which is granted over to another. 2 Bl. 
 Com. 165. 1 Steph. Com. 290. 4 Kent's 
 Com. 233. 
 
 PARTICULAR LIEN. A specific lien 
 on the particular goods in a tradesman's 
 hands, for the value of work done upon 
 them. Cross on Lien, 24. — ^A right to re- 
 tain a certain chattel from the owner, until 
 a certain claim upon it ' [growing out of 
 some labor bestowed upon such chattel, 
 or act done in relation to it,] be satisfied. " 
 2 Steph. Com. 132. 
 
 PARTICULAR TENANT. The ten- 
 ant of a particular estate. 2 Bl. Com. 
 274. See Particular estate. 
 
 PARTICULARS. In practice. A 
 written statement, (usually termed a bill 
 of particulars,) of the items of a plain- 
 tiff's demand, or defendant's set-off, in an 
 action at law. See Bill of particulars. 
 
 PARTIDA. Span. Part; apart. See 
 Las Partidas. 
 
 PARTIES. [L. Lat. ^arto, parts.] The 
 persons concerned in any affair, business, 
 contract or proceeding, constituting, in 
 most cases, two sides ov parts of the trans- 
 
PAR 
 
 (278) 
 
 PAR 
 
 action or proceeding. As in contracts, ven- 
 dor and vendee, bailor and bailee; in 
 bonds, obligor and obligee ; in conveyances, 
 grantor and grantee, mortgagor and mort- 
 gagee, lessor and lessee ; which m the in- 
 strument are specifically arranged in parts, 
 being usually designated as " of the first " 
 and " second part," respectively. 
 
 In actions, the parties are, by the very 
 nature of the proceedings, arrayed on op- 
 posite sides, (partes) it being also an in- 
 variable rule that there must be two parties, 
 and cannot, in form, be more. In the Ro- 
 man civil law, the parties were designated 
 as actor and reus. In the common law, 
 they are called plaintiff and defendant ; in 
 real actions, demandant and tenant; in 
 equity, complainant or plaintiff and defend- 
 ant ; in Scotch law, pursuer and defender ; 
 in admiralty practice, libellant and respond- 
 ent ; in appeals, appellant and respondent, 
 sometimes plaintiff in error and defendant 
 in error ; in criminal proceedings, prosecu- 
 tor and prisoner. 
 
 PARTIE. L.Fr. Party; a party. £a 
 partie adversarie ; the adverse party. Britt. 
 c. 51. 
 
 PARTITIO. Lat. [from partire, to di- 
 vide or sever.] In the civil law. Parti- 
 tion ; division. This word did not always 
 signify dimidium, a dividing into halves. 
 Big. 50. 16. 164. 1. 
 
 PARTITION. [Lat. partilio,_ from par- 
 tire, to divide or sever.] A dividing or 
 severing into parts ; the dividing of an es- 
 tate in which several are jointly interested; 
 the division of an estate in lands held by 
 several, in joint-tenancy, tenancy in com- 
 mon or coparcenary, into separate parts, 
 shares or allotments, according to the re- 
 spective interests of the parties. 
 
 At common law, the established mode 
 of partition was by writ, but this in modern 
 times has fallen into disuse, and in England 
 has recently been abolished. 1 Steph. Com. 
 317. In equity, partition may be effected 
 by hill filed for that purpose, which is the 
 form of proceeding now generally adopted. 
 Id. ibid. 1 Stm-y's Eq. Jur. § 646. 
 
 In the United States, various modes of 
 making partition have been established 
 by statute. 4 Kenfs Com. 364, 365, 
 notes. 
 
 PARTITION. In conveyancing. A 
 species of primary or original conveyance 
 between two or more joint-tenants, copar- 
 ceners or tenants in common, by which 
 they divide the lands so held among them 
 
 in severalty, each taking a distinct part. 
 2 Bl. Com. 323, 324. 
 
 PARTNER. [Lat. socius.1 A member 
 of a partnership; an associate in business 
 under the contract of partnership. See 
 Partnership. Partners were called, in old 
 \a.vi, coparceners and parting fellows. West's 
 Symbol.. -^axi 1, lib. 2, sect. 510. 
 
 PARTNERSHIP, or COPARTNER- 
 SHIP. [Lat. societas, societas negotiatoria ; 
 Fr. societie ; Span. sociedadi\ A contract of 
 two or more competent persons, to place 
 their money, effects, labor and skill, or 
 some or all of them, in lawful commerce or 
 business, and to divide the profit and bear 
 the loss in certain proportions. 3 Kent's 
 Com. 23. — A voluntary contract between 
 two or more competent persons, to place 
 their money, effects, labor and skill, or 
 some or all of them, in lawful commerce 
 or business, with the understanding that 
 there shall be a communion of the profits 
 thereof between them. Story on Partn. 
 § 2. See other definitions by Puffendorf, 
 Pothier and Domat, cited ibid. United 
 States Digest, Partnership. Called, in old 
 law, society or joint-occupying. West's 
 Symbol, part 1, lib. 2, sect. 509. 
 
 The connection founded on such contract, 
 or relation growing out of it, which is also 
 sometimes implied by law, even against the 
 intention of the parties. 
 
 PART OWNER. An owner of a part ; 
 one who has an interest in a chattel in com- 
 mon with another, or with others.* The 
 term is chiefly applied to the owners of 
 moveablp or personal property, and par- 
 ticularly of ships and vessels. Story on 
 Partn. 412—417. 
 
 PARTUS. Lat. Birth ; offspring. Par- 
 tus ex legitimo thoro non certius noscit ma- 
 trem quam genitorem suum ; the offspring 
 of a lawful bed knows not his mother more 
 certainly than his father, Fortescue de L. 
 L. Anglice, c. 42. 
 
 Partus seqnitur Tentrem, The offspring 
 follows the mother ; the brood of an animal 
 belongs to the owner of the dam ; the off- 
 spring of a slave belongs to the owner of 
 the mother, or follows the condition of the 
 mother. A maxim of the civil law, which 
 has been adopted in the law of England in 
 regard to animals, though never allowed in 
 the case of human beings. 2 Bl. Com. 
 390, 94. Fortescue de L. L. Anglice, c. 42. 
 In the United States, the rule of the civil 
 law has been adopted wherever slavery 
 exists. 1 Hempstead's R. 483. 
 
PAS 
 
 (2'79) 
 
 PAS 
 
 PARTY. [L.¥T.pariie; L.Lnt. pars.] 
 A person concerned, or having or taking 
 part in any affair, matter, transaction or 
 proceeding, considered individually. 
 
 A side or part, composed of one or more 
 individuals. See 5 Co. 103 a, Hungate's 
 case. 
 
 PARTY WALL. [Lat. paries commu- 
 nis.] A common wall; a wall common to 
 two adjoining estates ; a wall erected on 
 the line between two adjoining estates be- 
 longing to diflferent persons, for the use of 
 both estates. See United States Digest, 
 Party wall. 
 
 PARTJM. Lat. Little ; but little. Pa- 
 runi differnnt qua re concordant. Things 
 differ but little which agree in substance. 
 2 Bulstr. 5.3. 
 
 Faium est latam esse sententiam, nisi man- 
 detur executionii It is littk [or to little 
 purpose] that judgment be given unless 
 it be committed to execution. Co. Litt. 
 289. 
 
 Parnm proficit scire quid fieri debet, si 
 non cognoscas qnomodo sit factnrum. It 
 profits little to know what ought to be done, 
 if you do not know how it is to be done. 
 2 Inst. 503. 
 
 PARUM CAVISSE VIDETUR. Lat. 
 In Roman law. He seems to have taken 
 too little care ; he seems to have been in- 
 cautious, or not sufficiently upon his guard. 
 A form of expression used by the judge or 
 magistrate in pronouncing sentence of death 
 upon a criminal. Festus, 325. Taylor'' s 
 Civ. Law, 81. 4 Bl. Com. 362, note. 
 
 PARVA SERJANTIA. L. Lat. In 
 old English law. Petty serjeanty, (q. v.) 
 Fleta, lib. 1, c. 11. • Called also parva ser- 
 janteria. Mag. Cart. 9 Hen. Ill, c. 27. 
 
 PARVTJM CAPE. L. Lat. (Little 
 cape.) In old English practice. A writ 
 which lay on a tenant's default after ap- 
 pearance in a real action. More commonly 
 called petit cape, (q. v.) Boscoe's Real 
 Act. 282. Fleta, lib. 6. c. 14, § 24. 
 
 PASCHA. L. Lat. [L. Fr. Pasche.] 
 In old English law and practice. Easter. 
 De termino Faschoe ; of the term of Easter. 
 Bract, fol. 246 b. A die Paschse in quin- 
 decim dies ; from the day of Easter in fif- 
 teen days; after fifteen days of Easter. 
 Reg. Jud. 36. 3 Bl. Com. Appendix, No. 
 iii. sec. 3. 
 
 PASCUA SILVA. Lat. In the civil 
 law. A feeding wood ; a wood devoted to 
 the feeding of cattle, (guoe pastui pecudum 
 destinata est.) Big. 60. 16. 30. 5. 
 
 PASCUAGIUM. L. Lat. [irom pascere, 
 to feed.] In old records. The feeding or 
 pasturing of animals. Oowell. 
 
 PASS. See Passport. 
 
 To PASS. In practice. To proceed; to 
 be entered. A verdict or judgment is said 
 "to pass for" a party, where it is delivered 
 in his favor. This term is directly taken 
 from the old French passer, (q. v.) 
 
 To PASS. In conveyancing. To go 
 from one person to another ; to be trans- 
 ferred. " The names of things by which 
 they pass in assurances." Haleh Anal. 
 sect. xxiv. " By what names things pass." 
 Id. sect. XXXV. 
 
 To convey or transfer. " To pass an es- 
 tate." "Effectual words to p)^^^ ^^ in- 
 terest." Id. sect. XXXV. " The passing of 
 estates." Id. ibid. 
 
 PASSAGIUM. L. Lat. [L. Fr. passage, 
 from passer, to pass.] In old English law. 
 Passage; a passing over sea; a voyage. 
 Reg. Orig. 193 b. A term frequently used 
 in the law of essoins, in the days of the 
 Crusades. Bract, fol. 339. Fleta, lib. 6, 
 c. 8. 
 
 A sum paid for being transported over 
 sea, or over a river. Stat. Westm. 2, c. 25. 
 Cowell. 
 
 PASSER. L. Fr. In old practice. To 
 pass; to proceed in order of law. Et so- 
 lonc le verdit, passera jugement. Et sur 
 tielx verdits passes par comune assent. 
 And according to the verdict, judgment 
 shall pass. And upon such verdicts passed 
 by common assent, &c. Britt. c. 61. Et 
 si r assise eyt passe pur le pleyntyfe ; and 
 if the assise have passed for the plaintiflF. 
 Id. c. 75. V enquest fuist a la barre,prest 
 a passer; the jury was at the bar, ready 
 to pass. Tearb. M. 3 Edw. II. 66. Et ore 
 le juryfuit al barre, prist a passer. Dyer, 
 116 b. (Fr. ed.) 
 
 PASSPORT, [from Fr. passe-port, from 
 •passer, to pass, and port, a harbor.] In 
 international law. Literally, a permission 
 to leave a harbor. A document or paper 
 (otherwise called a pass or sea-pass,) carried 
 by a merchant vessel in time of war, in- 
 tended to evidence the nationality of the 
 vessel, and protect hei' from belligerents. 
 Sometimes called a sea-letter, (q. v.) Ja- 
 cobsen's Sea Laws, 65 — 69, (Am. ed. 1818.) 
 This instrument was originally granted by 
 the chief officer of the port from which the 
 vessel sailed, whence probably the name 
 Id. 66. See 6 Wheaton's R. 1. 
 
 In American law. A special instrument 
 
PAT 
 
 (280) 
 
 PAT 
 
 intended for the protection of American 
 vessels against the Barbary powers, usually 
 called a Mediterranean pass. Jacobsen's 
 Sea Laws, 69, (Am. ed.) 
 
 A permission granted in time of war, for 
 the removal of persons or eflFects from a 
 hostile country ; a safe conduct, (q. v. ;) a 
 privilege or dispensation from the legal ef- 
 fects of war during 'a certain time, and to a 
 specified extent.* 1 Kents Com. 161. 
 
 In modern European law. A warrant 
 of protection and authority to travel, grant- 
 ed to persons moving from place to place, 
 by the competent officer. . Brande. 
 
 PASTITIUM. L.Lat. In old English 
 law. Pasture-groimd. Domesday. Gowell. 
 PASTO. Span, [from Lat. pastus, q. v.] 
 In Spanish law. Feeding; pasture; a 
 right of pasture. White's New Recop. b. 
 2, tit. 1, ch. 6, § 4. 
 
 PASTURA. L. Lat. [from Lat. pastus, 
 a feeding, from pascere, to feed.] In old 
 English law. • Pasture ; a feeding ; a right 
 to feed animals. Bract, fol. 222 b. The 
 word was not confined to the feeding of 
 cattle upon grass, &c. in the modern sense, 
 but included the feeding upon acorns, mast, 
 &c. the browsing of leaves and twigs, <fcc. 
 Id. ibid. Fleta, lib. 4, c. 19, § 5. See 
 Communia pastures. 
 
 A pasture, including the ground itself. 
 Co. lAtt. 4 b. Beg. Orig. 1 b, 2. 
 
 PASTUS. Lat. [from pascere, to feed.] 
 In old English law. A feeding. Pastus 
 canum ; feeding of dogs. Meta,\[h. 2, c. 
 82, § 5. 
 
 PATEAT TJNIVERSIS PER PR^ 
 SENTES. L. Lat. Know all men by the 
 presents. Words with which letters of 
 attorney and other instruments anciently 
 commenced. Beg. Orig. 305 b, 306. 
 Wesfs Symholeog. part 1, lib. 2, sect. 535, 
 646. 
 
 PATENT, [from Lat. patens, from pa- 
 tere, to be open.] . Open; obvious; ap- 
 parent. See Patent ambiguity. Letters 
 patent. 
 
 PATENT. A grant by letters patent 
 (of which' the word is an abbreviation) of 
 some privilege, property or authority, made 
 by the government or sovereign of a coun- 
 try to one or more individuals.* Phillips 
 on Patents, 1. In England, the ordinary 
 judges of the courts at Westminster are 
 appointed by patent, the chief justice, by 
 writ. Hale^s Anal. sect. vi. 
 
 A grant by the state, of the exclusive 
 privilege of making, using and vending, 
 
 and authorizing others to make, use and 
 vend an invention, Phillips 'on Patents, 2. 
 A grant of lands, by letters patent. 
 PATENT AMBIGUITY. [L. Lat. am- 
 biguitds patens:"] An open ambiguity; 
 one which appears on the face of an in- 
 strument. See Ambiguity. 
 
 PATENT RIGHT. A right granted or 
 conferred by a patent.* 2 Kenfs Com. 
 365, et seq. Ses Patent. 
 
 PATENT ROLLS. In English law. 
 Rolls containing the records • of letters 
 patent granted by the crown since the 
 year 1616. The earlier of these records 
 are deposited in the Tower, the others are 
 in the Rolls' Chapel. Hubhack^s Svid. of 
 Succession, 616, 617, where a particular 
 description is given. 
 
 PATENT WRIT. In old practice. An 
 open writ; one not closed or sealed up. 
 See Close writs. 
 
 PATER. Lat. A father; the father. 
 In the civil law, this word sometimes in- 
 cluded at)M«, (grandfather.) Big^ 50. 16. 
 201. 
 
 Pater est qnem nuptix demonstrant. He 
 is the father whom the nuptials point out, 
 or whom marriage indicates. Big. 2. 4. 5. 
 This rule holds with the civilians, whether 
 the nuptials happen before or after the 
 birth of the child. 1 Bl. Com. 446, 454. 
 Its meaning in_the latter case is, " He is 
 the father who marn'es the mother of the 
 chWA already born;" in the former, — "He 
 is the father who is the husband of the 
 mother when the child is born." In the 
 former case only, the rule has been adopt- 
 ed in the common law. 1 Bl. Com. ub. 
 sup. Si uxor tua ex alio filium procrea- 
 verit, prtBSumendiim est quod tuus est jil- 
 ius, eo quod nuptise probant filium, donee 
 contrarium inde probetur ; if your wife 
 has a child by another man, "it is to be 
 presumed that the child is yours, because 
 the nuptials prove the child, until the con- 
 trary thereof is proved. Meia., lib. 1, c. 6. 
 " The marriage' of the parties is the crite- 
 rion adopted by the "law, in cases of an- 
 te-nuptial generation, for ascertaining the 
 actual parentage of the child. If a man 
 marries a woman who is with child, the 
 law raises a presumption that it is his 
 own." Lawrence, J. 8 Hast, 193. 
 
 PATER-FAMILIAS. Lat. In the Ro- 
 man law. A father or master of a family ; 
 the head of a family, [qui in domo domi- 
 nium habet,) whether actually a father o r 
 not, (quamvis filium non habeat.) Dig . 
 
PAT 
 
 (281) 
 
 PAT 
 
 50. 16. 195. 2. A man ■who was his own 
 master, (sum potestatis.) Dig. \. 6. 4. In 
 England, the king has been called the 
 pater-familias of the kingdom. 3 Bl. 
 Com. 320. The word has also been used 
 to si^rnify a householder. 8 Mod. 40. 
 
 PATERNICUM. L. Lat. [from pater, 
 father.] In old European law. Property 
 which descended to a person on the 
 father's side. Oentur. Vhart, Alaman. 
 chart. 45, 50. Spelman. 
 
 PATERNITY. [L. Lat. paterniias, 
 from ^aier, father.] The fact of being 
 a father; the relationship of a father; 
 " fathership," according to Webster. 
 
 The Lat. paterniias is used in the canon 
 law, to denote a kind of spiritual relation- 
 ship contracted by. baptism. Heinecc. Elem. 
 Jur. Civ. lib. 1, tit. 10, § 161, note. 
 
 PATEBULUM. L. Lat. In old Eng- 
 lish law. A gallows or gibbet. Fleta, 
 lib. 2, c. 3, § 9. 
 
 PATIENS. Lat. [from ^a«i, to suffer.] 
 One who suffers or permits; one to whom 
 an act is done ; the passive party in a 
 transaction. Closely, but not very signifi- 
 cantly rendered patient. The con'elative 
 of agent, an agent or active party. See 
 Agent, Agent and patient. 
 
 PATIENTIA. Lat. [bompatims, q. v.] 
 In old English .law. Sufferance ; permis- 
 sion. Acquiritur possessio et liberum tene- 
 mentum ex tempore, et sine titulo et tradi- 
 tione, per longavri et pacificam seisinam 
 habiiam per patientiam et negligentiam 
 veri domini; possession and a freehold are 
 . acquired by time, and without title and 
 livery, by long and- peaceable seisin had 
 by the sufferance and negligence of the 
 true owner. Bract, fol. 62. Meta, lib. 4, 
 
 c. 18, § 2. Longa patientla trahitur ad 
 consensum. Long sufferance is drawn to 
 [evidence of] consent. Id. c. 26, §4. 
 
 nATPAAEASOS, liarpoJcX^o-t. ■ Gt. [from 
 
 irnrio, father, and dSe\^dsi brother.] In the 
 civil law. A paternal uncle, {patruus ;) a 
 father's brother. Inst. 3. 6. 1. 
 
 liATPAAEAiHI, UaTpdlsXcjtri. . Gr. [from irartip, 
 
 father, and dJtXf i), sister.] In the civil law. 
 A paternal aunt, (amita;) a father's sister. 
 Inst. 3. 6. 1. 
 
 PATRIA. Lat. A country; one's 
 
 country. See Nemo potest BID ere patriam. 
 
 In old English law. A district or neigh- 
 borhood, within a county. Ih'haMtu 
 seculari, de patria ad patriam in balliva 
 tua vagatur,- &c. ; in secular dress, strolls 
 about from neighborhood to neighborhood 
 
 See 
 
 in your bailiwick. Beg. Orig. 71 b. 
 Bract, fol. 124, 316 b. 
 
 The country ; a neighborhood, such as 
 a hundred. Fleta, lib. 1, c. 24, § 3. Cla- 
 mor patrice; the cry of the country ; the 
 hue and cry. Id. § 1. 
 
 A jury, or country. Ponit se super 
 patriam ; he puts himself upon the coun- 
 try. Bract, fol. 84. Patria labm-ibus et 
 expensis non debet fatigari ; a jury ought 
 notto.be harassed by labors and expen- 
 ses. Jenk. Cent. 6, case 9. 
 
 PATRIA POTESTAS. Lat. In the 
 Roman law. The paternal power ; the 
 power of a father, which anciently in- 
 cluded that of life and death. Big. 28. 
 2^. 11. 1 Bl. Com. 452. Justinian ob- 
 serves of this power, that " it is peculiar 
 to the citizens of Rome, for there are no 
 other people who have such power over 
 their children as we have." Inst. 1. 
 9 2 
 
 ' PATRIMONIUM. Lat. In the civil 
 law. A paternal or hereditary estate. 
 Calv. Lex. But this was not the techni- 
 cal sense, though adopted in the derived 
 English word patrimony. 
 
 Property ; fortune. Patrimonii munus; 
 an office of fortune ; one which chiefly in- 
 volved the expenditure of money, {in quo 
 sumtus maxime postulatur ;) as distinguish- 
 ed from personal care or industry. Dig. 
 SO. 4. 1. Id. 50. 4. 18. 18. 
 
 Property in general ; private, exclusive 
 or individual property. [Res'] vel in nos- 
 tra patrimonio vel extra patrimoniura nos- 
 trum habentur; things are held either as 
 our own private property or not ; [that is, 
 as public or common.] Inst. 2. 1, pr. See 
 Fleta, lib. 3, c. 1, §§, 1, 2, 3. 
 
 PATRIMUS. Lat. [from ^ater, father.] 
 In the civil law. One who had a father 
 living. Calv. Lex. Spelman. 
 
 PATRINUS. . L. Lat. .[from pater, 
 father.] In old ecclesiastical law. A 
 godfather. Spelman. 
 
 PATROCINIUM. Lat. In the Ro- 
 man law; Patronage ; protection ; de- 
 fence. The business or duty of a patron 
 or advocate. See Patronus. 
 
 PATRON, [from Lat. patronus; advo- 
 catus, qq. v.] In English ecclesiastical 
 law. He who has the gift of a' benefice, 
 [or the right of presentation to a benefice.] 
 Cowell. "He who has the right of ad- 
 vowson is called the patron.oi the church " 
 2 Bl. Com. 21. 
 
 PATRON. Fr. In French marine law. 
 
PAU 
 
 (282) 
 
 PAX 
 
 The master or captain of a vessel. Ord. 
 Mar. Ilv. 2, tit. 1. 
 
 PATRONAGE. [Lat. patronatus.] In 
 Englisli ecclesiastical law. Th.e rignt of 
 presentation to a churcli or ecclesiastical 
 benefice ; the same with advowson, (q. v.) 
 2 Bl. Com. 21. 
 
 PATRONATUS. Ldt. [tiom patronus, 
 q. v.] In the Roman law. The condi- 
 tion, relation, right or duty of a patron. 
 See Patronus. 
 
 In ecclesiastical law. Patronage, (q. .v.) 
 
 PATRONUS. Lat. [from _yafer, father, 
 from the closeness of the relation.] In the 
 Roman law. A person who stood in the 
 relation of protector to another who was 
 called his cliens, (client, qq. v. ;) a de- 
 fender or advocate ; a patron. One who 
 advised his client in matters of law, and 
 advocated his causes in court. See Gil- 
 bert's For. Horn. 25. 
 
 PATROON. Anglo-Dutch, [from Lat. 
 patronus, a patron, or feudal superior.] 
 In New-York law. The proprietor of a 
 tract of land, with feudal or manorial 
 privileges ; the lord of a manor. See 
 0' Oallaffhan's New-Netherlands, i. 112. 
 
 PATRUELIS. Lat. [from patruus, a 
 paternal uncle.] In the Roman law. A 
 cousin by the father's side. Fratres 
 patrueles ; male cousins who were the 
 children of brothers. Inst. 3. 2. 1. Id. 
 3. 6. 4. Biff. 38. 10. 1. 6. Id. 38. 10. 
 10. 15. Sorores patrueles ; female cou- 
 sins who were the children of brothers. 
 Id. ibid. 
 
 PATRUUS. Lat. [from ^aier, father; 
 Gr. MTpaJcX^os.] In the Roman law. A 
 paternal uncle ; a father's brother, (patris 
 /rater.) Inst. 3. 6. 1. 2 £1. Com. 230. 
 
 PATRUUS MAGNUS. Lat. In the 
 Roman law. A great uncle ; a grand- 
 father's brother, (avi f rater.) Dig. 38. 10. 
 1. 6. Id. 38. 10. 10. 15. 
 
 PATRUUS MAJOR. Lat. In the 
 Roman law. A greater uncle; a great 
 grandfather's brother, (proavi frater ;) a 
 father's or mother's great uncle, (patris 
 vel matris patruus magnus.) Big. 38. 
 10. 10. 16. Called propatruus. Id. 38. 
 10. 1. 1. 
 
 PATRUUS MAXIMUS. Lat. In the 
 Roman law. A greatest uncle ; a great 
 great grandfather's brother, {abavi frater,) 
 a father's or mother's patruus major. Big. 
 38. 10. 10. 17. Called abpatruus. Id. 
 38. 10. 3. 
 
 PAUMER. L. Fr. To touch; to lay 
 
 the hand on. Paumer le livere; to touch 
 the book. . Britt. c. 87. Adonques jurge 
 le premer en cest manere, paumaunt evan- 
 gelies; then shall the first [juror] swear in 
 this manner, laying hand on the gospels. 
 Id. c. 52. 
 
 PAUNAGE. See Pannage. 
 
 PAUPER. Lat. A poor person. One 
 who has not the means of defraying the 
 expenses of a suit. See In forma paur- 
 peris. 
 
 PAUPERIES. Lat. [from pauper, 
 poor.] In the Roman law. Literally, 
 poverty. But this was not the technical 
 sense. 
 
 Damage done by an irrational animal. 
 Hallifax, Anal. b. 3, c. 2, num. 12. Dam- 
 age done without any wrong on the part 
 of the doer, {damnum sine injuria facieniis 
 datum.) Inst. 4. 9, pr. An animal, not 
 having reason, could not be said to com- 
 mit a wrong. Id. ibid. Big. 9. 1. 1. 3. 
 There is no corresponding English word 
 by which pauperies, in this sense, can be 
 translated. 
 
 PAUSARE. L. Lat. In old Euro- 
 pean law. To lay down. L. Alam. tit. 
 45. Spelman. 
 
 PAWN. [Lat. pignus.'] A bailment 
 of goods to a creditor, as security for 
 some debt or engagement ; a pledge. 
 Story on Bailm. § 7. See Cross on Lien, 
 63—71. 
 
 To PAWN. [Lat. pignerare.] To de- 
 liver to another in pledge, or as security 
 for a debt or sum borrowed. 
 
 PAWNOR. The person pawning 
 goods, or delivering goods to another in 
 pledge. Sometimes termed the pledger. 
 3 Kents Com. 578 — 585. Story ■ on 
 Bailm. § 287. 
 
 PAWNEE. The person receiving a 
 pawn, or to whom a pawn is made ; the 
 person to whom goods are delivered by 
 another in pledge. Sometimes termed 
 the pledgee. 2 Kenis Com. 578 — 585. 
 Stofry on Bailm. § 287. 
 
 PAX. Lat. In old English law. 
 Peace ; the peace. A state of order and 
 quiet, in the preservation of which the 
 whole community was concerned; other- 
 wise called the king's peace, {pax regis,) 
 he being the principal conservator of the 
 peace of the kingdom. 1 Bl. Com. 268, 
 349, 350. Quod pax nostra teneatur ; 
 that our peace be maintained. Mag. 
 Cart. 9 Hen. III. c. 35. The term occurs 
 also infeudallaw. Feud. Lib. 2, titt. 27, 63. 
 
PAY 
 
 (283) 
 
 PEC 
 
 Freedom from molestation by another. 
 Fleta, lib. 2, c. 51, §§ 2, 3. 
 
 The privilege of a ipember of a legisla- 
 tive assembly. See 1 Bl. Com. 165. 
 
 PAX ECCLESI^. L. Lat. In old 
 English law. The peace of the church. 
 See Peace of Ood and the church. 
 
 A particular privilege attached to a 
 church ; sanctuary, (q. v.) CrahVsHist. 41. 
 Cowell. 
 
 PAX REGIS. Lat. In old English law. 
 The king's peace. See Paa;, Contra pacem. 
 
 A place privileged by the king's protec- 
 tion ; a space (afterwards called the verge 
 of the court,) extending from the palace 
 gate to the distance of three miles, three 
 furlongs, three acres, nine feet, nine palms 
 and nine barley corns. Hickes' Diss. ep. 
 114, citing the Textus Roffensis. 3 Bl. Com. 
 V6, note. According to the laws of Ed- 
 ward the Confessor, cited by Spelman, it 
 consisted of /oMr miles, three furlongs, and 
 nine acres in breadth, and nine feet, &c. 
 LL. Edw. Conf. c. 12. 
 
 To PAY. To discharge an obligation 
 by a performance according to its terms or 
 requirements. Forbes, J. 1 Cushing's B. 
 76. Held not necessarily to imply an ac- 
 quittal or discharge of an obligation in 
 money. Id. 75. Payment may be made 
 in goods. Id. ibid. 
 
 PAYEE. In mercantile law. The per- 
 son in whose favor a bill of exchange, pro- 
 missory note or check is made or drawn ; 
 the person to whom, or to whose order, a 
 bill, note or check is made payable. 3 
 EenCs Com. 15. Chitty on Bills, 2. Story 
 on Bills, I 54, et seq. 
 
 " PAYING," in a will, when it makes a 
 fee. See 2 Mod. 25. "Paying," in a 
 lease, when it amounts to a covenant. Id. 
 34. 
 
 PAYN. L Fr. [from Lat. panis, 
 bread.] In old English law. Bread; 
 distinguished in Britton, (reciting the 
 statute of 51 Hen. III.) as payn de co- 
 het, (cocket bread,) payn de gastel, (wastel 
 bread,) payn de simenel, (simnel bread,) 
 payn de treyt, (bread of treet,) payn de 
 toutz blees, (bread of all grains,) and other 
 kinds. Britt. c, 30. 
 
 PAYS, Pais. L. Fr. In old English 
 law. The country ; a jury. Si le defend- 
 aunt se eyt mys de Men et de mal en le pays, 
 et le pays die que il soit coupahle ; if the 
 defendant have put himself for good and 
 for evil upon the country, and the country 
 say that he is guilty. Britt. c. 25. 
 
 The country or neighborhood. Soit le 
 usage du pays et del leu tenu pur ley ; the 
 usage of the country and of the place shall 
 be held for law. Id. c. 103. 
 
 P'D. A contraction oi prcedictus, (afore- 
 said) in old pleading. 1 Inst. CI. 11. 
 
 PEACE. [L. Fr. peas, pees ; Lat. pax.] 
 Quiet, orderly behaviour ; the quiet order- 
 ly behaviour of the citizens or subjects of 
 a community towards one another, and to- 
 wards the government, which is said to be 
 broken by acts of a certain kind. See 
 Breach of peace. Defined in the old books, 
 " a quiet and harmless behaviour toward 
 the king and his people." Lamb. Eire- 
 narch. lib. 1, c. 2. Cowell. 
 
 PEACE OF GOD AND THE 
 CHURCH. [L. Lat. pax Dei et ecclesice.] 
 In old English law. That rest and cessa- 
 tion which the king's subjects had from 
 trouble and suit of law, between the terms 
 and on Sundays and holidays. Cowell. 
 Spelman. 
 
 PEACE. [L. Fr. peas, pees, peez, paix.] 
 In old English practice. The name some- 
 times given (from the French) to the con- 
 cord, in a fine of lands. "Cry (or re- 
 hearse) the ^eace." Stat. Mod. Lev. Fines. 
 " The peace is such." Id. Tret un peace; 
 drew a concord. Yearb. P. 1 Edw. III. 4. 
 See Paix. 
 
 PEAS, Pees. L. Fr. Peace. Nostre 
 peas enfriente ; our peace broken. Britt. 
 c. 23. 
 
 PECCATUM. Lat. [from peccare, to 
 sin, or transgress.]- A fault; a sin. Pecca- 
 tum peccato addit, qui cnlpaj quam facit pa- 
 trocinium defensionis adjungit. He adds 
 
 sin to sin who joins to the fault which he 
 has committed, the protection of a defence, 
 [who after he has committed an offence 
 undertakes to excuse or justify it.] 5 Co. 49. 
 
 PECHE. Lat. [from Lat. peccatum, 
 q. v.] A fault or offence. 'Britt. c. 34. 
 
 PECIA. L. Lat. In old pleadings and 
 records. A piece. Pecia terrce ; a piece 
 of land. Paroch. Ant. 240. Spelman. 
 Sex pecias plumbi ; six pieces of lead. 
 Heg. Grig. 126. Pecia fustiani ; apiece 
 of fustian. Fleta, lib. 2, c. 12, § 8. Pecia 
 monetcB ; a piece of money. Dyer, 82, 
 (Fr. ed.) Called an uncertain word. 1 
 Ld.Eaym.lQl. But held good. 2 Stra 
 809. 
 
 PECORA. Lat. [pi. of pecus.] In the 
 Roman law. Cattle; beasts. The term 
 included all quadrupeds that fed in flocks 
 Dig. 32.. 65. 4. 
 
PEC 
 
 (284) 
 
 PED 
 
 PECULATUS. Lat. In the civil law. 
 The offence of stealing or embezzling the 
 public money, (fur turn pecunice puhlieoe vel 
 fiscalis.) Calv. Lex. Inst, 4. 1 8. 9. Dig. 48. 
 13. 4 Bl. Com. 122. Hence the common 
 English v)ov A peculation; but embezzlement 
 is the proper legal term. 4 Bl. Com. uh. 
 sup. 
 
 PECULIAR. In English ecclesiastical 
 law. An exempt jurisdiction ;* a parish 
 which is exempt from the jurisdiction of 
 the ordinary of the diocese, and is subject 
 to the metropolitan only. 3 Bl. Com. 65. 
 See Court of peculiars. 
 
 PECULIUM. Lat. [dimin. of ^ecuma.] 
 In the Roman law. Literally, a little mo- 
 ney or property, [pusilla pecunia ;) si pri- 
 vate or separate property ; a little property 
 or stock of one's own.* A limited amount 
 of money or property, which a son or ser- 
 vant was allowed to have, separate from 
 the accounts or stocks of his father or mas- 
 ter; (jpusilla pecunia qvxim filiugfamilias 
 vel servus a rationibus paternis vel domini- 
 cis separatam kabet.) Heinecc. Elem. Jur. 
 Civ.lih. 2, tit. 9,1473. Defined by Tubero, 
 according to Celsus, as quoted by Ulpian 
 in the Digests, quod servus, domini per- 
 missu, separatum a rationibus dominicis 
 habet, deducto inde si quid domijto dehetur ; 
 that which a slave, by permission of his 
 master, has separate from his master's ac- 
 counts, deducting therefrom whatever he 
 owes his master. Big. 15. 1. 5. 4. 
 
 PECULIUM CASTRENSE. Lat. In 
 the Roman law. The' kind of petulium 
 which a son acquired in war, or from his 
 connection with the camp, {c-astrum^ Hein. 
 El. J. C. lib. 2, tit. 9, § 474. Dig. 49. 
 17. Tayl. Civ. Law, 396. 
 
 PECUNIA. Lat. [from pecu or pecus, 
 cattle.] • Originally and radically, property 
 in cattle, or cattle themselves. So called, 
 because the wealth of the ancients con- 
 sisted in cattle. Co. Litt. 207 b. This 
 sense of the word was departed from at an 
 early period in Roman law, but very dis- 
 tinctly occurs in old English law. Paslura 
 ibidem ad pecuniam villm ; pasture in the 
 same place for the cattle of the town. A 
 common expression in Domesday. Spel- 
 man. Sometimes qualified as viva pecunia. 
 LL. Edw. Conf. c. 10. 
 
 In the civil law. Property in general, 
 real or personal ; any thing that is actually 
 the subject of private property. Dig. 60. 
 16. 222. 178. Calv. Lex. Heinecc. Elem. 
 Jur. Civ. lib. 2, tit. 1, §312. It was a 
 
 less extensive term than res, though the 
 sense of res might be expressed by it. Dig. 
 50. 16. 5, pr. According to Taylor, res 
 are such things as may be possessed ; pecu- 
 nia, such as are. Tayl. Civ. Law, 469. 
 
 In a narrower sense, personal property ; 
 fungible things. Calv. Lex. In old Eng- 
 lish law, goods and chattels. Spelman. 
 
 In the strictest sense, money. This has 
 become the prevalent, and almost the ex- 
 clusive meaning of the word. 
 
 PECUNIA NUMERATA. Lat. In 
 civil and old English law. Counted money ; 
 money paid by connt or tale. Inst. 2. 24, 
 pr. Bract, fol. 94. The Span, dinero 
 contado had the same sense. 
 
 PECUNIA NON NUMERATA. Lat. 
 In the civil law. Money not paid. The 
 subject of an exception or plea in certain 
 cases. Inst. 4. 13. 2. See Exceptio pecu- 
 nice non numeratce. 
 
 PECUNIA TRAJECTITIA. Lat. In 
 the civil law. Literally, money carried 
 across the sea, (quce trans mare vehitur.) 
 Dig. 22. 2. 1. Money lent to sea, or ad- 
 vanced on the hazard of the lender, to carry 
 (as was supposed) over the sea. Molloy, 
 de Jur. Mar; 357. Another name for 
 fmnus nauticum, (q. v.) or maritime in- 
 terest. See 2 Sumner''s B. 157, 181, 
 Story, J. 
 
 PECUNIARY CAUSES. In English 
 ecclesiastical practice. Causes arising from 
 the withholding of ecclesiastical dues, or 
 the doing or neglecting some act relating 
 to the church, whereby some damage ac- 
 crues to the plaintiff. 3 Bl. Com. 88, 
 
 PECUNIARY LEGACY. A legacy 
 of a sum of money ; a gift of a sum of 
 money by will'. Otherwise called a gen- 
 eral legacy. 2 BL Com,. 512. But it has 
 been said that the use of the word " pecu- 
 niary " synonymously with " general," as 
 descriptive of a legacy, is not strictly accu- 
 rate ; for every generdl legacy is not pecu- 
 niary, (i. e. relating to money,) and one 
 species of specific legacy is of a pecuniary 
 nature. 1 Roper on Legacies, 160, (ch. 3, 
 sect. 1,) note. 
 
 PECUS. Lat. [pi. peeudes.'] In the 
 Roman law. Cattle ; a beast. Under a 
 bequest of pecudes, were included oxen 
 and other beasts of burden. Dig. 32. 
 81. 2. 
 
 PEDAGIUM. L.Lat. [from ^es, fooi] 
 In feudal law. Money given for the pass- 
 ing by foot or horse through any country. 
 SpelmoM. Oowell. 8 Co. 47 a. 
 
PEE 
 
 {285 ) 
 
 PEN 
 
 PEDANEUS. Lat, [from pes, foot.] 
 In the Eoman law. On, or at the foot ; 
 occupying a low position. A term applied 
 to the judices appointed by the praetor to 
 determine causes; either from their not 
 occupying a tribunal or elevated seat, or 
 because they were occupied with small or 
 less important causes. See Judex pedaneus. 
 
 PEDE PULVEROSUS. Lat. In old 
 English and Scotch law. Dusty-foot, (Sc. 
 pedder.) A term applied to itinerant mer- 
 chants, chapmen or pedlars who attended 
 fairs. Skene defines it " ane merchand or 
 cremar, quha hes ne certaine dwelling- 
 place quhair the dust may be dieht fra his 
 feet or schone." De Verb. Signif. See 
 Piedpoudre. 
 
 PEDELLUS. L. Lat. In old Scotch 
 law. A Serjeant or beadle, (Sc. seijand or 
 beddle.) Derived d pedo, hoc eat, baculo, a 
 wand, staff or halbgrt. S^ene de Verb. 
 Sign. 
 
 PEDEM PONERE. L. Lat. In civil 
 and old English law. To put or place the 
 foot. A figurative expression used to de- 
 note the taking possession of lands ; which 
 was done by standing upon or walking 
 over them, or symbolically by merely pla- 
 cing the foot upon the ground ; (Fr. rmitre 
 del pee en nosme de ^eisine. Britt. cc. 35, 
 36, 42, 43.) Calv. Lex. See Pedis podtio, 
 Possessio. Otherwise expressed pedem ap- 
 ponere. Fleta, lib, 3, e. 15, § 6. 
 
 PEDETENTIM. Lat. [from pes, foot] 
 Foot by foot. Lord Ellenborongh, 2 J/". <fc 
 S, 546. 
 
 PEDIS ABSCISSIO. Lat. In old 
 criminal law. The cutting off a foot ; a 
 punishment anciently inflicted instead of 
 death. See Fleta, lib. 1, c. 38, § 8. 
 
 PEDIS POSITIO. Lat. In civil and 
 old English law. A putting or placing of 
 the foot. Fleta, lib, 3, c, 15, § 6. Id. 
 lib, 4, c, 30, A term used to denote the 
 possession of lands by actual corporal en- 
 try upon them, and sometimes as the analy- 
 sis of the word possessio (q, v,) itself. 
 Called also pedis possessio. Thompson, 
 C. J. 15 Johns. R. 1\1. Gibson, C. J. 5 
 Penn. St. (Barr's) R. 303. 
 
 PEE. L. Fr. [from Lat. pes.] Foot ; 
 the foot. Le mettre del pee en le mees en 
 nosme de seisine ; the putting of the foot 
 in the house, in name, of seisin. Britt. 
 c. 43. See Pedem ponere. 
 
 F'oot ; the foot. A part of a fine. Per 
 le pee est la fine. Yearh. M. 3 Edw. III. 3. 
 
 PEER, [L. Fr. pHr, pair, pere ; from 
 
 Lat. par, equal,] An equal ; one of the 
 same rank. 
 
 In feudal and old European law. The 
 vassal of a lord, in his capacity of judge in 
 the lord's court, JEsprit des lioix, liv. 28, 
 fc, 27, See Peers. 
 
 PEERS, \h.^T. pairs ; lizt pares.] In 
 feudal law. The vassals of a loid who sat 
 in his court as judges of their co-vassals, 
 and were called peers, as being each other's 
 equals, or of the same condition, Fsprit 
 des Loix, liv, 28, c. 27. Id. liv. 30, c. 18. 
 Hence the expressions *' trial by peers " and 
 "judgment of peers," as used in English 
 and American law to denote trial by jury. 
 Magna Charta, c. .2,9. 4 Bl. Coin, 349. 
 2 KenCs Com. 13, and note. 
 
 In English law. The nobility of the 
 kingdom, who, though different in rank, 
 are all peers (equals) in respect of thejr 
 nobility. 1 Bl. Com, 403. The Magna 
 Charta of King John (c. .21,) provided 
 that earls and barons should not be amerced 
 unless by their peers, {nisi per pares suos.) 
 See Mag. Cart. 9 Hen. IIL c, 14, In 
 cases of tjeaaon, felony and misprision of 
 the same, a nobleman is always tried by 
 his peers, the word having, in this applica- 
 tion, both its ancient and modem mean- 
 ing,* 1 Bl. Com. 401, The word peers 
 is exclusively used to denote the lords tem- 
 poral. Id. ibid. 4 Id, 254. 
 
 PEES. L. Fr. Peace. Fnaontrenostre 
 pees; agaiast our peace. Britt, fpl. 2. 
 De nostre pees. Id. c. 16, 
 
 The coaeord in a fime of lands, Kelham. 
 See Peojce, 
 
 PEINE. L. Fr. [from Lat. poem:\ 
 Punishment. Kelham. 
 
 PEISIBLE. L. Fr, Peaceable, Si ilz 
 eyent eu peisible seisine ; if they have had 
 peaceable seisin, Britt. c. 42, Id, c, 47. 
 
 Peisibkment ; peaceably. Que il avera 
 peisiblement tenu ; which he shall have 
 peaceably held. Id. c. 42. 
 
 PEISON, L, Fr, [L, Lat, pessona.;] 
 Mast, A general name for acorns, nuts 
 and other similar produce of trees, Britt. 
 c 55 
 
 PELLETUM. L. Lat, A bullet, 5 
 Co. 120 a, 122 a. Long's case. Called a 
 pellet. Id. ibid. 
 
 PELLEX, Lat, In the Eoman law, 
 A concubine. Big. 50, 16, 144. 
 
 PENAL, [from Lat. poenaUs, ivom poena, 
 punishment or penalty.] Enacting punish- 
 ment. WebsUr. Imposing a punishment 
 or penalty. See Penal statute. 
 
PEN 
 
 (286 ) 
 
 PEN 
 
 Connected with a penalty, either as the 
 object or consequence of an action. 
 
 PENAL ACTION. [Lai. actio pmnalis.] 
 In practice. An action upon a penal stat- 
 ute ; an action for the recovery of a pen- 
 alty given by statute. 3 Steph. Com. 536, 
 536. 
 
 PENAL BILL. An instrument for- 
 merly in use, by which a party bound 
 himself to pay a certain sum or sums of 
 money, or to do certain acts ; or, in de- 
 fault thereof, to pay a certain specified sum 
 by, way of penalty. These instruments 
 have been superseded by bonds with con- 
 ditions. 
 
 PENAL STATUTE. A statute which 
 punishes ; a statute which forbids an act, 
 and punishes the doing or commission of 
 it. A statute enacting or imposing a pen- 
 alty or punishment on the commission of 
 a certain oflfence.* 1 Steph. Com. 68. 
 
 PENALTY. [Lat, pmna.'\ A punish- 
 ment ; a punishment imposed by statute as 
 a consequence of the commission of a cer- 
 tain specified oflfence. 
 
 A pecuniary punishment; a sum of 
 money imposed by statute to be paid as a 
 punishment for the commission of a cer- 
 tain act. 
 
 A sum of money agreed upon, and fixed 
 by the parties to a contract, to be paid in 
 case of its non-performance by either : 
 being intended to secure the performance 
 of the contract. 
 
 A sum of money mentioned in the obli- 
 gatory part of a bond, to be paid by the 
 obligor, absolutely in its terms, but in fact 
 (taken with reference to the condition 
 annexed) only in case of non-performance 
 of the condition. 
 
 The legal operation of a penalty, pro- 
 perly so called, is not to create a forfeiture 
 of the entire sum named, but only to cover 
 the actual damages occasioned by the 
 breach of contract ; and therefore, on pay- 
 ment of such damages, or in case of a bond, 
 of the principal and interest actually due, 
 the party who has incurred the penalty 
 will be relieved or discharged from it. But 
 in the case of what is termed liquidated 
 damages, the whole of tlje precise sum 
 named may be exacted of the party who is 
 in default, and the court will not interfere 
 to relieve him. See 2 Steph. Cmn. 159 — 
 162. 2 Story's Eq. Jur. §§ 1313—1326. 
 See Liquidated damages. 
 
 PENCIL WRITING is a valid mode of 
 writing, so long as legible. A note written 
 
 in pencil was held valid while legible. 14 
 Texas B. 329. And it has been held 
 that a will written with a pencil, could not 
 on this account be annulled. 1 Phillim. 
 B. 1. 2 Id. 173. 
 
 PENDANT, Pendent. 0. Eng. and 
 L. Fr. [from Lat. pendens.'] Pending; 
 during. "Pendant the writ." 1 Leon. 
 44. 
 
 PENDENS. Lat. [from pendere, to 
 hang.] Hanging ; pending. See Lis 
 pendens^ 
 
 PENDENTE. Lat. Pending; or, in 
 the literal old English, hanging, (q. v.) 
 
 PENDENTE LITE. Lat. Pending the 
 suit; during the actual progress of a suit ; 
 during litigation. Lite pendente. Fleta, 
 lib. 2, c. 54, § 23. 
 
 Pendente lite nihil innoTetnr, [innoran- 
 dum.] Pending the suit nothing should 
 be changed. Co. Litt. 344 b. During the . 
 pendency of a suit, no change should be 
 made in the property which is the subject 
 of it, as by a conveyance by one of the 
 parties, which may affect the rights of his 
 opponent. Cross on Lien, 140. The ef- 
 fect of this maxim, however, is not to annul 
 the conveyance, but only to render it sub- 
 servient to the rights of the parties in the 
 litigation. 1 Story's Eq. Jur. § 406. See 
 20 Howard's B. 106. 
 
 PENDERE. Lat. In the civil law. 
 To hang ; to be in suspense. Calv. Lex. 
 
 To be attached, as fruit to a tree. Id. 
 See Fructus pendentes. 
 
 To depend upon, or grow out of. Id. 
 
 To pay, as a penalty. Id. 
 
 PENDICLE. Sc. In Scotch law. A 
 piece of ground. 7 Wils. <& Shaw's B. 
 245. "All and haill that small piece or 
 pendicle of arable land." 1 Bell's App. 
 Cas. 499. 
 
 PENDING, (or DEPENDING.) Aterm 
 applied to a writ, someifimes from the day 
 of the teste, and sometin;ies from the day of 
 the return. 5 Co. 47 a, 47 b, Gilbert 
 Littleton's case. 
 
 PENDRE. L, Fr. [fTom Lai. pendere.] 
 To hang, (execute.) Pendti ; hung, or 
 hanged. Jugement de estre treyne et pendu ; 
 judgment to be drawn and hanged. Britt. 
 c. 23. The L. Lat. pendutus, derived from 
 pendu, occurs in the laws of the Ripuarians, 
 tit. 79. Spelman. 
 
 PENES. Lat. In the possession; in 
 one's possession or power; under one's, 
 control. A distinction was made in the 
 civil law, between this term and apvd, (with, 
 
PER 
 
 (287) 
 
 PER 
 
 or in;), which had a less forcible and com- 
 prehensive meaning. Dig. 50. 16. 63. 
 
 PENSA. L. Lat. [from Lat. pendere, to 
 weigh.] In old English law. A weight. 
 Ad pensam ; by weight. The ancient way 
 of paying into the exchequer as much 
 money for a pound sterling as weighed 
 twelve ounces troy. Lowndes' Essay upon 
 Coin, 4. Gowell. This was distinguished 
 from payment de numero, by count. 
 
 In old records. A wey (weigh) of salt 
 or cheese, containing two hundred and 
 fifty-six pounds. Cowell. 
 
 PEN8ATA. L. Lat. Weighed. See 
 Libra pensa. 
 
 PENSIO. Lat. [from pendere, to pay.] 
 In the civil law. A payment, properly, for 
 the use of a thing. Calv. Lex. 
 
 A rent; a payment for the use and ocau- 
 pation of another's house, (G-r. hincuir.) 
 Id. 
 
 PENSION. L. Fr. [from Lat. pensio, 
 q. v.] In old, English law. A payment 
 of rent, (L. Lat. redditus.) Pension de 
 charnhre ; rent from the chamber or coffer, 
 {redditus de camera ;) an annuity. Britt. 
 c. 68. See Annuity. 
 
 PENSION. In Scotch law.- An annual 
 rent. Skene de Verb. Signif. 
 
 PENSION. Span, [from pensio, q. v.] 
 In Spanish law. Rent ; a rent. Whitens 
 New Recop. b. 2, c. 2, § 3. 
 
 PENSION. In English practice. An 
 annual payment made by each member of 
 the Inns of Court. Cowell. Holthoy,se. 
 
 An assembly of the members of the so- 
 ciety of Gray's Inn ; to consult of their af- 
 fairs. Id. 
 
 PENNY, Peny. [from Sax. peAig ; Lat. 
 denarius, q. v.] The ancient currenii silver 
 money of England. 2 Inst. 575. See 
 Denarius. 
 
 Money in general ; tribute money. See 
 Aver penny. 
 
 PEONIA. Span. In Spanish Ameri- 
 can law. A lot of land of fifty feet front, 
 and one hundred feet deep. 2 Whiteh 
 Recop. [38,] 49. Originally the portion 
 granted to foot soldiers, of spoils taken or 
 lands conquered in war. 12 Peters' R. 
 442 — 444, notes. 
 
 PER. Lat. By. Per curiam, (q. v.) 
 
 By ; through, in consequence of. Per 
 infortunium, (q. v.) 
 
 By ; according to. Per stirph, (q. v.) 
 
 For ; during. Per guadraginta dies ; 
 for forty days. Bract, fol. 96. 
 
 PER :^S ET LIBRAM. Lat. In the 
 
 Roman law. By brazen coin and balance. 
 A term applied to the ceremony of emanci- 
 pating a son, which was conducted in the 
 form of a sale, the purchaser striking with 
 a brazen coin a balance held by a person 
 called libripens, (balance holder.) Adam^s 
 Rom. Ant. 52. Wills were anciently made 
 with this formality. Inst. 2. 10. 1. 
 
 PER ALLUVIONEM. Lat. In the 
 civil law. By alluvion. Per alluvionem 
 id videiur adjici, quod ita paulatim adjici- 
 tur, ut intelligere non possimus quantum 
 quoquo momenta temporis adjiciatur ; that 
 is considered to be added by alluvion, 
 which is added so gradually that we cannot 
 perceive how much is added at any mo- 
 ment of time. Dig.il.l.'l.l. Increase 
 per alluvionem or prqjecMonem is when the 
 sea, by casting up sand and earth, doth by 
 degrees increase the land, and shut itself 
 out further than the ancient bounds went. 
 Hale de Jur. Mar. pars 1, c. 4. See Fleta, 
 lib. 3, c. 2, § 6. Broom's Max. [123.] 
 
 PER ANNULUM ET BACULTJM. 
 L. Lat. In old English law. By ring and 
 staff, or croziqr. The symbolical mode of 
 conferring an ecclesiastical investiture. 1 
 Bl. Com. 378, 379. See Annulus et bacu- 
 lus. 
 
 PER ANNUM. Lat. By the year; 
 for the space of a year. Fleta, lib. 2, c. 
 I^lj §§ 3 — 12. A common expression still 
 in use. 
 
 PER AVERSIONEM. Lat. In the 
 civil law. By turning away. A term ap- 
 plied to that kind of sale where the goods 
 are taken in bulk, and not by weight or 
 measure, and for a single price ; or where 
 a piece of land is sold as containing in gross, 
 by estimation, a certain number of acres; 
 Pothier, Contr. of Sale, num. 256, 309. 1 
 Story's Eq. Jur.% 144 a. So called be- 
 cause_ the buyer acts without particular 
 examination or discrimination, turning his 
 face, as it were, away. Calv. Lex. voc. 
 Aversions It seems to be nearly of the 
 same import with the common English 
 phrases "in gross," "by the lot" or "lump " 
 
 PERBOUCHE. L.Fr. By the mouth- 
 orally. 3 How. St. Trials. 1024 ' 
 
 PER CAPITA. Lat. By heads; ac- 
 cording to the number of persons ; as indi- 
 viduals ; share and share alike. A term 
 of the civil law, extensively used in the 
 modern English and American law of dis- 
 tribution and descent of estates. Where 
 several persons are equally near of kin to a 
 deceased intestate, or stand in equal degree 
 
PER 
 
 (288 ) 
 
 PER 
 
 they tate equally per capita, that is, accord- 
 ing to their own persons, and in their own 
 rights, without reference to the stocks from 
 which they have sprung. 2 Bl. Com. 218. 
 2 Kenfs Com. 425 — 428, and notes. 4 
 Id. 391, 392. 2 Williams on Exec. 1286. 
 2 ffilliard's Heal Prop. 194. See Capita. 
 Caput, In capita. 
 
 PER CONSEQUENS. Lat. By con- 
 sequence; consequently. Yearb. M. 9 
 Edw. III. 8. 
 
 PER CONSIDERATIONEM CURI^. 
 L. Lat. In old practice. By the consid- 
 eration (judgment) of the court. Yearh. 
 M. 1 Edw. II. 2. 
 
 PER CORPUS. Lat. In old English 
 law. By the body. By the duellum or 
 battel, as distinguished from per patriam, 
 by the country. Bract, fol. 183 b. Fkta, 
 lib. 1, c. 31, § 2. 
 
 By the body. By taking the body, as 
 on an attachment. Fleta, lib. 2, c. CO, 
 § 33. . 
 
 PER CUR. A common abbreviation 
 of per curiam, (q. v.) 
 
 PER CURIAM. L. Lati In practice. 
 By the court. A phrase still used in the 
 reports, and in some writs. 
 
 PER DEFALTAM. L. Lat. In old 
 practice. By default. Reg. Jud. 47. 
 
 PER EXTENSUM. L. Lat. In old 
 practice. At length. ClerM-s Prax. Cur. 
 Adm. tit. 6. 
 
 PER FORMAM DON! L. Lat. In 
 English law. By the form of the gift ; by 
 the designation of the giver, and not by 
 the operation of law. 2 Bl. Com. 113, 
 191. See Formedon. 
 
 PER FRAUDEM. Lat. In English 
 law. By fraud; fraudulently. Lord El- 
 lenborough, 12 East, 409. Per fraudem 
 et covinam ; by fraud and covin. 2 Mod. 
 36. 
 
 PER INCURIAM. L. Lat. Through 
 inadvertence. 35 Eng. Law <& Eq. R. 
 3.02. 
 
 PER INDUSTRIAM IIOMINIS. Lat. 
 In old English law. By human industry. 
 A term applied to the reclaiming or taming 
 of wild animals by art, industry and edu- 
 cation. 2 Bl. Com. 391. 
 
 PER INFORTUNIUM. L. Lat. In 
 criminal law. By misadventure. Fleta, 
 lib. 1, c. 23, § 5. 4 Bl. Com. 182. Ho- 
 micide of a certain kind is so called. See 
 Homicide per infortunium. 
 
 PER LEGALE JUDICIUM PARIUM 
 SUORUM. L. Lat. In old English law. 
 
 By the lawful judgment of his peers. Mag, 
 Cart. 9 Hen. III. c. 29. 
 
 PER LEGEM ANGLDE. L.Lat. By 
 the law of England ; by the curtesy. Fleta, 
 lib. 2, c. 54,'fl8. • 
 
 PER LEGEM TERR^E. L. Lat. By 
 the law of the land. Mag. Cart. 9 Hen. 
 III. c. 29. By due process of law. 3 
 Sow. St. Trials, 152^154. See Lex 
 terrce. 
 
 PER METAS ET BUNDAS. L. Lat. 
 In old English law. By metes and bounds. 
 See Bunda. 
 
 PER MISADVENTURE. . Lat. and 
 Eng. In old English law. By mischance. 
 4 Bl. Com. 182. The same with per in- 
 fortunium, (q. V.) 
 
 PER MY. L. Fr. An old form of par- 
 my, or parmi, (q. v.) Yearb.T. 1 Edw. II. 5. 
 
 PER MY ET PER TOUT. L. Fr. 
 By the half or moiety, and by all ; having 
 each the entire possession as well of every 
 parcel as of the whole. 2 Bl. Com. 1 82. 
 A term used as descriptive of the mode of 
 possession by joint-tenants. Id, ibid. 1 
 ITilliard's Real Prop. 665. 
 
 PERNOMEN. Lat. By the name. 
 Freem, 11. 
 
 PER NORMAM LEGIS COMMUNIS. 
 Lat. By the rule of the common law. 
 Per normam statuti; hy the rule of the 
 statute. Bacon's Arg. Low's case of Ten- 
 ures, WotTcs, iv. 242. 
 
 PER OMNES. Lat. By all (the judges;) 
 A phrase in the old reports. 6 Mod. 289. 
 
 PER PAIS. L. Fr. By the country ; 
 by jury. 3 5Z. Com. 348, 849. See Pois. 
 
 PER PARES. L. Lat. In old English 
 law. By the peers. Per pares suos ; by 
 their peers. Mag. Cart. 9 Hen. III. c. 14. 
 
 PER PATRIAM. L.Lat. In old Eng- 
 lish law. By the country ; by a jury. 
 Fleta,\i\>. 1, c. 31,'§ 3. 
 
 PERPLEGIUM. L. Lat. In old Eng- 
 lish law. By pledge or surety ; on bail. 
 Bract, fol. 163. 
 
 PER PROC. An abbreviation of per 
 procurationem, by appointment or power. 
 
 PER QUOD. L. Lat. In pleading. 
 By which ; whereby. Words introducing 
 a consequence of law from matters of fact 
 before stated. Treby, C. J. 1 Ld. Rayn. 
 412. The initial and emphatic words of 
 that clause in the old Latin forms of de- 
 claration* in which the plaintiif stated the 
 special damage he had sustained, as the 
 consequence of the act or acts previously 
 mentioned. 3 Bl, Com. 124. Shaw, C. 
 
PER 
 
 (289) 
 
 PER 
 
 J. 2 Metcalf^s B. 469. Now used as the 
 name of the clause, which is literally trans- 
 lated in the modern precedents. The 
 words per quod occur in a similar con- 
 nection in the form of the old Latin writs 
 of trespass. Reg. Orig. 95. 
 
 PER QTJOD CONSORTIUM AMISIT. 
 L. Lat. In old pleading. Whereby he 
 lost the company or society (of his wife.) 
 A phrase used in the old declarations in 
 actions of trespass by a husband, for beat- 
 ing or ill using his wife, descriptive of the 
 special damage he had sustained. 3 Bl. 
 Com. 140. Cro. Jac. 501, 538. Hale's 
 
 .ATtCUi S6Ct) xl 
 
 PER QUOD SERVITIUM AMISIT. 
 L. Lat. In old pleading. Whereby he 
 lost the service (of his servant.) A phrase 
 used in the old declarations in actions of 
 trespass by a master, for beating or ill 
 using his servant, descriptive of the special 
 damage he had himself sustained. 3 Bl. 
 Com. 142. 9 Co. 113 a. Hale's Anal. 
 
 PER SALTUM, Lat. By a leap or 
 bound ; by a sudden movement ; passing 
 over certain procfedings. "The parties 
 have proceeded per sallum." Lord El- 
 lenborough, 8 Fast, 511. 
 
 PERSE. By itself; of itself. Fraud 
 per se. 3 Pickering's R. 251. 
 
 PER SERVITIUM. L. Lat. By the 
 servi^ce. Per servitia dehita ; by the ser- 
 vices due. Per servitia antehac consueta; 
 by the services hitherto accustomed. Ba- 
 con's Arg. Low's case of Tenures ; Works, 
 iv. 236, 238. 
 
 PER STIRPES. Lat. By stocks or 
 roots; as representatives of stocks; in right 
 of stocks. A term of the civil law, exten- 
 sively used in the modern English and 
 American law, to denote that mode of the 
 distribution and descent of intestate's es- 
 tates, where the parties entitled take the 
 shares which their stocks, (such as a father) 
 if living, would have taken. 2 £1. Com. 
 21V, 218. 2 Kent's Com. 425. 4 Id. 
 390 — 392. See Stirps, Stirpes, Per ca- 
 
 PER TOTAM CURIAM. L. Lat. By 
 the whole court. A common phrase in 
 the old reports. 
 
 PER TOUT LE COURT. L. Fr. By 
 all the court. Yearb. P. 3'Hen. VL 20. 
 
 PER UNIVERSITATEM. Lat. In 
 the civil law. By the whole or entirety ; 
 as a whole ; in general. A term applied 
 to the acquisition of entire estates, as dis- 
 
 Vol. II. 
 
 tinguished from single or separate articles 
 of property, (singulcs res.) Inst. 2. 9. 1. 
 
 PER VADIUM. L. Lat. In old prac- 
 tice. By gage. Words in the old writs 
 of attachment or pone. 3 Bl. Com. 280. 
 
 PER VERBA DE FUTURO. L. Lat. 
 By words of the future (tense.] A phrase 
 applied to contracts of marriage. 1 Bl. 
 Com. 439. 2 Kent's Com. 87. 
 
 PER VERBA DE PR^SENTL L. 
 Lat. By words of the present (tense ;) 
 as, " I marry you ;" " you and I are man 
 and wife." Lord Holt, C. J. Salk. 437, 
 A phrase applied to contracts of marriage. 
 1 Bl. Com. 439. 
 
 PER VISUM ECCLESLE. L. Lat. 
 In old English law. By view of the church ; 
 under the supervision of the church. The 
 disposition of intestate's goods per visum 
 ecclesice, was one of the articles confirmed 
 to the prelates by King John's Magna 
 Charta. 3 Bl. Com. 96. 
 
 PER VIVAM VOCEM. L. Lat. In 
 old English law. By the living voice ; the 
 same with viva voce. Bract. foL 95. 
 
 PER, (by,) GUI, (to whom,) and POST, 
 (after.) L, Lat. In old practice. Words 
 used as descriptive of the different forms of 
 writs of entries, according to the degrees 
 in which they were brought. 3 Bl. Com. 
 181. See Sntrg, Writ of. 
 
 PERA. L. Lat. In old Scotch law. 
 A satchel ; a poke, budget or bag for pro- 
 visions. 1 Pitc. Cr. Trials, part 2, p. 17. 
 
 PERAMBULATIO. L. Lat. In old 
 English law. Perambulation ; a perambu- 
 lation. Fleta, lib; 4, c. 15, § 1. 
 
 PERAMBULATION. [Lat. peramhu- 
 latio, from perambulare, from per, through, 
 and ambulare, to walk] A walking through, 
 about or over ; a going round a place to 
 settle its boundaries, or for other purposes. 
 See Be perambulatione facienda. Sir Wil- 
 liam Blackstone has given at length the 
 form of a perambulation of a forest, from 
 the Rolls of 29 Edw. I. Bl. Mag. Cart. 
 Introd. cviii. note. The perambulation 
 was made before justices assigned for the 
 purpose, in presence of the foresters and 
 verderors, by the oath of twenty-four men, 
 who traced the boundaries of the forest 
 minutely by metes and bounds ; and their 
 perambulation was afterwards enrolled of 
 record. 
 
 PERAMONT. L. Fr. Above. Kel- 
 ham. See Paramount. 
 
 PERAVAILE. L.Fr. Below. Pera- 
 vale de son molin ; below his mill. Tearb 
 19 
 
PER 
 
 (290) 
 
 PER 
 
 M. 7, Edw. III. Si. " The defendant chal- 
 lenged towta ^em«aiie." Dyer, 25. 
 
 PERCENNARIUS. KLat. In old Eng- 
 lish law. A parcener ; one of several com- 
 moners. Fleta, lib. 4, c. 24, § 11. 
 
 .PERCEFrURA. L. Lat. In old re- 
 cords. A wear; a place in a river made 
 up with banks, daffis, &c. for the better 
 convenience of preserving and taking fish. 
 Paroch. Ant. 120. Cowell. 
 
 PERCH. [L. Lat. perUca.'\ A measure 
 of land containing five yards and a half, 
 or sixteen feet and a half in length ; otheiv 
 wise called a rod or pole. Cowell. 1 N, 
 Y. Rev. Stat. [607,] 61 7, § 6. Originally 
 of no fixed length. Spelman, voc. Per- 
 tica. 
 
 PERCLOSE, Perclos. L. Fr. In old 
 practice. The. latter part or conclusion, 
 (of a writ, plea or indictment.) Yearh. 
 M.' J Hen. VI. 18. 1 ieo». 109. 3/(^.230. 
 PERCUTERE. Lat. In old English 
 law. To strike. Fleta,. lib. 2, c. 1, § 4. 
 Percutere duellum ; to strike the duel ; to 
 engage or join in the combat. Bract, fol. 
 139. 
 
 Percussit ; (he) struck. Fleta, uh. sup. 
 An essential word in old indictments. 5 
 Co. 122 a, Lrnig's case. 11 Mod. 229.' 
 
 PERDONARE, Pardonare. L. Lat. In 
 old English law. To pardon. Bract, fol. 
 127. See Pardonare. 
 
 Perdonavimus ; we have pardoned. An 
 emphatic word in the old charters of par- 
 don. Reg. Griff. 310. Dyer, 34. 
 
 Perdonatio. A pardoning; a pardon. 
 Carta perdonationis ; a charter of pardon. 
 See Peff. Orig. 308 — 312 b. 
 
 PERDRE. L. Fr. To lose. Pert; 
 loses. Fet Assaver, § 45. Perdu ; lost. 
 Id. § 46. 
 
 PERDUELLIO. Lat. \ivom perduellis, 
 an open enemy.] In the civil law. Trea- 
 son ; the crime of open hostility against 
 the state or prince ; whatever was attempt- 
 ed directly against the being or safety of 
 the republic, or of the prince, or his min- 
 isters. Calv. Lex. Inst. 3. 1.5. Hallifax, 
 Anal. b. 3, c. 12, num. 20. Heinecc. Mem. 
 Jur. Civ. lib. 4, tit. 18, § 1341. 
 
 PEREGRINATIO. Lat. In old Eng- 
 lish law. Pilgrimage. Fleta, lib. 6, c. 8, 
 
 PEREMPTORIUS. Lat. [fromijm- 
 mere, to destroy ; to take away or defeat 
 entirely.] In the civil law. That which 
 destroys or defeats, not for a time, but for- 
 ever. Exceptions were so called because 
 
 they operated as a perpetual bar to the 
 action, and entirely destroyed the founda- 
 tion of it; (perpetua et peremptorise sunt, 
 guce semper agenfihus obstarit, et semper rem 
 de qua agitur perimunt.) Inst. 4. 13. 9. 
 The term exceptio peremptoria, was taken 
 from the civil law by Bi-acton, and hence 
 the English peremptory, as applied to a de- 
 fendant's plea. Bract, fol. 240, 399 b. 
 Fleta, lib. 6, c. 36, § 3. 
 
 PEREMPTORY, [from Lat. peremp- 
 torius, q.-v.] Literally and radically, that 
 which destroys, {quod perimit,) or wholly 
 and at once defeats; as a peremptory plea, 
 
 (q- V.) 
 
 ■ That which disposes of a matter at once, 
 and without delay ; that which admits of 
 no delay or argument ; absolute ; impera- 
 tive ; decisive ; final. As a peremptory 
 mandamus oi rule, (qq. v.) 
 
 That which requires no cause to be 
 shown ; arbitrary ; capricious ; as a peremp- 
 tory challenge, (q. v.) 
 
 PEREMPTORY CHALLENGE. In 
 criminal practice. A species of challenge 
 which a prisoner is allowed to have gainst 
 a certain number of jurors, without show- 
 ing any cause. See Challenge peremptory. 
 
 PEREMPTORY EXCEPTION. A 
 pleading having the legal efi:ect of a gen- 
 eral demurrer. 1 Texas R. 364. 
 
 PEREMPTORY MANDAMUS. In 
 practice. A writ of mandamus which abso- 
 lutely requires an act to be done, without 
 any alternative of showing cause against 
 it. Usually granted on the return of an 
 alternative mandamus, where such return 
 is found insufficient in law or false in fact. 
 3 Steph. Com. 683, 694. 2 Burr. Pr. 180. 
 
 PEREMPTORY PLEA. In practice. 
 A plea founded upon matter which tends 
 to impeach the plaintiflF's right of action 
 itself, or goes to destroy the ground of ac- 
 tion entirely ; a plea in bar of the ac- 
 tion.* Steph. PI. 46. Id. Appendix, 
 Note (19.) 3 Steph. Com. 576. 
 
 PEREMPTORY RULE. In practice. 
 An absolute rule; a rule without any con- 
 dition or alternative of showing cause. 
 See Absolute rule. 
 
 PERENTER, Perentre. L. Fr. Be- 
 tween. Litt. sect. 58. 
 
 PERFECT. In practice. To complete 
 in form of law. To perfect bail is to jus- 
 tify after exception, so as to render them 
 absolute. \ Burr. Pr. 110. To perfect 
 judgment is to enter it on record, and to 
 file and docket the record. Id. 263. 
 
PER 
 
 (291) 
 
 PER 
 
 Perfectum est cni nihil deest gecnndam 
 suee perfectionis vcl naturee modum. That 
 
 is perfect to which nothing is wanting, ac- 
 cording to the measure of its perfection or 
 nature. Hoh. 151. 
 
 PERGAMENUM. L. Lat, In old 
 practice. Parchment. In pergameno 
 scribi fecit. 1 And. 54. 
 
 PERICULOSUS. Lat. [from pericu- 
 lum, danger.] Dangerous ; perilous. Perl- 
 culosnm est res novas et innsitatas inducere. 
 It is perilous or hazardous to introduce 
 new and untried things. Co. Litt. 379 a. 
 New inventions (though of a learned judge 
 in his own profession,) are full of inconve- 
 nience. Id. ibid. 
 
 Periculosnm existimo qnod bonorum viro- 
 ruDi non comprobatnr eiemplo. I think 
 that dangerous which is not warranted or 
 approved by the example of good men. 
 9 Co. 97 b, Sir George BeyneVs case. 
 
 PERICULUM. Lat. In the civil law. 
 Peril; danger; hazard; risk. Dig. 18. 6. 
 Cod. 4. 48. Fleta, lib. 2, c. 58, § 8. 
 
 Periculum rei venditaj, nondum traditEB, 
 est emptpris. The risk of an article sold, 
 but not yet delivered, is the buyer's. 
 When the contract of sale has been ren- 
 dered binding by giving earnest, or by 
 part payment, or part delivery, or by a 
 compliance with the requisitions of the 
 statute of frauds, the property, and with it 
 the risk, attaches to the purchaser. 2 
 Kenfs Com. 498, 499. This maxim is 
 taken from the civil law, though it is dif- 
 ferently applied, and is thus expressed in 
 the Institutes : Periculum rei venditce sia- 
 tim ad emptorem pertinet, tametsi adhuc ea 
 res emptori tradita non sit; the risk of a 
 thing sold immediately • attaches to the 
 buyer, although the article itself be not 
 yet delivered to him. Inst. 3. 24. 3. In 
 the Digests, the rule was thus expressed : 
 Perfecta emtione, periculum ad emtorem re- 
 spiciet. Dig. 18. 6. 8. In the Code, 
 post perfectam venditionem,, omne commo- 
 dum et incommodum quod rei venditce con- 
 tinqit, ad emtorem pertinet. Cod. 4. 48. 
 
 iPERILS OF THE SEA, (or SEAS.) 
 In maritime and insurance law. Natural 
 accidents peculiar to the sea, which do not 
 happen by the intervention of man, nor 
 are to be prevented by human prudence. 
 3 Kenfs Com. 216. Piracy, however, is a 
 peril of the seas. Id. ibid. 1 Phillips 
 on Ins. 648. Under ^mfo of the sea are 
 comprehended those of the winds, waves, 
 lightning, rocks, shoals, running foul of 
 
 other vessels, and in general all causes of 
 loss and damage to the property insured, 
 arising from the elements and inevitable 
 accidents, other than those of capture and 
 detention. Id. 635. See Story on Bailm. 
 §§ 512 — 522. Under " perils of the seas, 
 rivers," <fec. in a policy, the ordinary risks 
 of careai navigation are covered, although 
 canals are not mentioned. 6 Ohio St. R. 
 553. 
 
 PERINDE VALERE. L. Lat. (To 
 be equally valid.) In English ecclesiasti- 
 cal law. The name of a writ of dispensa- 
 tidn granted to a clerk that being defec- 
 tive in his capacity to a benefice or other 
 ecclesiastical function, was, de facto, admit- 
 ted to it. So called from the emphatic 
 words of the Latin form, the faculty being 
 declared to be equally effectual to the 
 party dispensed with, as if he had been 
 actually capable of the thing for which he 
 was dispensed with, at the time of his ad- 
 mission. Stat. 25 Hen. VIII. c. 21. 
 Cowell. 
 
 PERIOD. A space of time ; any por- 
 tion of complete time. 
 
 "The yioidi period has its etymological 
 meaning, but it also has a distinctive sig- 
 nification, according to the subject with 
 which it may be used in connection. It 
 may mean any portion of complete time, 
 from a thousand years or less to the period 
 of a day ; and when used to designate an 
 act to be done or to be begun, though its 
 completion may take an uncertain time, as 
 for instance the act of exportation, it must 
 mean the day on which the exportation 
 commences, or it would be an unmeaning 
 and useless word in its connection in the 
 statute." Wayne, J. 20 Howard's B. 
 579. 
 
 PERJURIUM. Lat. [from perjurarc, 
 to forswear ; from per and jurare, to 
 swear.] In civil and old English law. 
 Perjury ; the breach of an oath ; the mak- 
 ing a false oath. Cum contigerit quod 
 juratores falsum feccrint sacramentum et 
 ita commiserint perjurium; when it shall 
 happen that the jurors make a false oath, 
 and so commit perjury. Bract, fol. 288 b. 
 Fleta defines it to be a lie, confirmed by 
 an oath; (mendacium cumjuramentofirma- 
 tum.) Fleta, lib. 5, c. 22, 8 3; lib. 2 
 c. 1,§20. 
 
 PERJURY, [from Lat. perjurium, a. v.] 
 In criminal law. False swearing; the ma- 
 king a false oath; the breach of an oath. 
 Anciently called oath-breach, or oath- 
 
PER 
 
 (292) 
 
 PER 
 
 broten. See Othesworth. — The judicial 
 affirmation of a falsehood on oath. BelPs 
 Diet. 2 Swinion's JJ. 300. — A crime com- 
 mitted when a lawful oath is administer- 
 ed, in some judicial proceeding, to a per- 
 son who swears wilfully, absolutely and 
 falsely, in a matter material to the issue or 
 point in question. 3 Inst. 164. 4 Bl. 
 Com. 13T. 4 Steph. Com. 267. See 
 2 Russell on Crimes, 596, (Am. ed.) and 
 the criticism in the note. Wharton^s Am. 
 Crim. Law, §§ 2198 — 2232. This com- 
 mon law definition has been modified in 
 England by statute. 4 Steph. Com. 267. 
 
 2 Russell on Crimes, 604, et seq. 
 
 In the United States, the definition of 
 peijury is generally fixed by the local laws 
 of each state. See Whartori^s Am. Crim. 
 Law, §§ 2169—2197. Lewis' U. S. Crim. 
 Law, 647 — 657. 2 Russell on Crimes, 
 (Am. ed. 1850,) 596, 597, note. 
 
 PERMISSIVE WASTE. That kind of 
 waste which is a matter of omission only; 
 as by sufiering a house to fall for want of 
 necessary reparations. 2 £1. Com. 281. 
 
 3 Steph. Com. 603. 4 ICent's Com. 76, et 
 seq. 1 ITilliard's Real Prop. 266. 
 
 PERMUTATIO. Lat. [from permu- 
 tare, to exchange.] In the civil law. Ex- 
 change ; barter. Diff. 19. 4. Cod. 4. 
 64. 
 
 PERNANCY, [from L. Fr. parner, to 
 take.] Taking ; a taking or receiving, as 
 of the profits of an estate. Actual per- 
 nancy of the profits of an estate is the 
 taking, perception or receipt of the rents 
 and other advantages arising therefrom. 
 2 m. Com. 163. 
 
 PERNOCTARE. Lat. [from per, 
 through, and nox, night.] In the civil 
 law. To pass the night ; to pass the 
 whole night. Dig. 50. 16. 166. 
 
 PERNOR, [from L. Fr. parnour, or 
 pernour, q. v.] A taker. Pernor of pro- 
 fits is the taker or receiver of the profits 
 of an estate. Cowell. 
 
 PERNOUR. L. Fr. A taker. Le 
 pernour on le detenour; the taker or the 
 detainer. Britt. c. 27. 
 
 Ferpetna lex est nullam legem humanam 
 u positlTam perpetuain esse, et clausula qu^ 
 abrogationem cxelutlit ab initio uon valet. 
 It is a perpetual law that no human and 
 positive law can be perpetual, and a clause 
 [in a law] which precludes the power of 
 abrogation is void ah initio. Bacon's Max, 
 77, in reg. 19. 
 
 PERPETUAL CURACY. In English 
 
 ecclesiastical law. A place of divine wor- 
 ship, having parochial rights (particularly 
 those of baptism and sepulture,) of which 
 the incumbent is not removable at pleas- 
 ure by the rector or vicar of any sup- 
 posed mother church. 1 Wooddes, Led, 
 198. 
 
 PERPETUATING TESTIMONY. In 
 practice. The taking of testimony in 
 order to preserve it for future use, as 
 where it is in danger of being lost before 
 the matter to which it relates can be made 
 the subject of judicial investigation. This 
 is usually done by bill filed in equity for 
 that purpose, and sometimes by proceed- 
 ings at law. 3 Bl. Com. 450. 2 Story's 
 Eq. Jur, § 1505, et seq. Story's Eq. PI, 
 % 600, et seq. 
 
 PERPETUITY. The quality of indefi- 
 nite duration without change. A quality 
 by which an estate becomes inalienable 
 either perpetually, or for a very long 
 period. A modification of an estate by 
 which it is made inalienable perpetually 
 or indefinitely. See 4 Kent's Com. 264. 
 
 The estate itself, so modified or perpetu- 
 ated. 
 
 In more technical language, — a future 
 limitation, restraining the owner of an 
 estate from aliening the fee-simple of the 
 property, discharged of such future use or 
 estate, before the event is determined, or 
 the period is arrived, when such future use 
 or estate is to arise. If that event or 
 period be within the bounds prescribed 
 by law, it is not a perpetuity. Sanders 
 on Uses and Trusts, 196. — A future limi- 
 tation, whether executory or by way of 
 remainder, and of either real or personal 
 property, which is not to vest until after 
 the expiration of, or will not necessarily 
 vest within, the period fixed and prescribed 
 by law for the creation of future estates 
 and interests ; and which is not destructi- 
 ble by the persons for the time being en- 
 titled to the property subject to the future 
 limitation, except with the concurrence of 
 the individual interested under that limi- 
 tation. Lewis on Perpetuity, 164; 
 
 PERQUIRERE. L. Lat. [from per, 
 through, and qucerere, to obtain.] In feu- 
 dal law. To gain or acquire ; to acquire 
 by one's own act ; to purchase. Breve 
 perquirere; to purchase a writ. Cowell, 
 
 Perquisitio. Purchase. 2 Bl, Com. 
 241. "Acquisition by one's own act or 
 agreement, and not by descent. Id. ibid. 
 See Purchase, 
 
PER 
 
 (293 ) 
 
 PER 
 
 Perquisitor. A purchaser ; one ■who 
 first acquired an estate to his family ; one 
 who acquired an estate by sale, by gift, or 
 by any other method, except only that of 
 descent. 2 Bl. Com. 220. 
 
 Perquisitum. Purchase. Bract, fol. 65. 
 Co. lAtt. 3 b, 18 b. An estate acquired 
 by purchase, that is, by one's own act, and 
 not by descent ; [proedium quod quis non 
 a patre vel majoribus possidet, sed quo sua 
 industrid, vel pecuniis comparato gaudet.) 
 Spelman. 
 
 PERSECUTIO. Lat. [from persequi, 
 q. v.] In the civil law. A following 
 after; a pursuing at law; a suit or prose- 
 cution. 
 
 Properly, that tind of judicial proceed- 
 ing before the praetor which was called ex- 
 traordinary. Calv. Lex. 
 
 In a general sense, any judicial proceed- 
 ing, including not only actions (actiones) 
 properly so called, but other proceedings 
 also. Id. 
 
 PERSEQUI. Lat. In the civil law. 
 To follow after ; to pursue or claim in 
 form of law. An action is called a jus 
 persequendi. See Actio. 
 
 PERSEWAR. 0. Sc. In old Scotch 
 law. Pursuer ; plaintiff or prosecutor. 
 See Pursuer. 
 
 PERSON, [from Lat. persona, q. v.] A 
 human being, considered as the subject of 
 rights, as distinguished from a thing, {res,) 
 whether animate or inanimate. See Per- 
 sona. 
 
 PERSONA. Lat; In civil and old Eng- 
 lish law. A person. Persona est homo, 
 cum statu quodam consideratus ; a person 
 is a human being, considered with refer- 
 ence to a certain status, condition or qual- 
 ity. Heinecc. Mem. Jur. Civ. lib. 1, tit. 3, 
 § V5. Homo vocahulum est naturae ; per- 
 sona, juris civilis; man is a term of na- 
 ture ; person, a term of law. Calv. Lex. 
 Omnis persona est homo, sed non vicissim; 
 every person is a man, (human being,) but 
 not vice versa. Id. Persona is a cha- 
 racter or capacity, homo cum statu, a man 
 under particular circumstances, conditions 
 and relations. Tayl. Civ. Law, 247. 
 
 Persona conjQncta xqaiparatur interesse 
 piopriOi A personal connection [literally, 
 a united person, union with a person,] is 
 equivalent to one's own interest; nearness 
 of blood is as good a consideration as one's 
 own interest. Bacon's Max. 72, reg. 18. 
 " The law hath that respect of nature and 
 conjunction of blood, as in divers oases it 
 
 compareth and matcheth nearness of blood 
 with consideration of profit and interest, 
 yea, and in some cases alloweth of it more 
 strongly." Id. iUd. 13 Mees. dc W. 253, 
 264, arg. The interest of a personal con- 
 nection is sometimes regarded in law as 
 that of the individual himself. Broom's 
 Max. [407.] 
 
 PERSONA. Lat. In civil and old 
 English law. Character; capacity. See 
 Persona standi injudicio. 
 
 PERSONA. L. Lat. In old English 
 law. A parson. Glanv. lib. 4, c. 1. Spel- 
 man. 1 Bl. Com. 384. Fleta, lib. 2, c. 
 60, § 29. 
 
 PERSONA STANDI IN JUDICIO. 
 L. Lat. Capacity of standing in court or 
 in judgment ; capacity to be a party to an 
 action; capacity or ability to sue. See 
 Personable. A phrase frequently used in 
 Bracton, and derived probably from that 
 source. Habent enim servi personam standi 
 in judicio contra omnes de injuriis sibi 
 faciis ; .for slaves have a capacity of pro- 
 secuting against all persons for injuries done 
 to themselves, ^raci. fol. 155 b. A slave 
 might in certain cases bring an assise 
 against his own lord ; much more shall he 
 have a right of suit against one who had 
 no right in him ; (multo fortius personam 
 habebit standi in judicio versus eum qui 
 nihil juris habet in eo.) Id.iol.196. The 
 phrase is of common occurrence in the 
 modern books. 1 Bob. Adm. R. 198, 201. 
 Spencer, J. 15 Johns. B. 83. 1 Kent's 
 Com. 68. 
 
 PERSONABLE. [L. Lat. personabilis, 
 from persona, capacity.] In old English 
 law. Able to maintain a plea in court; 
 having capacity to sue. Cowell. Derived 
 probably from the phrase persona standi in 
 judicio, (q. v.) 
 
 Of capacity to take a thing granted or 
 given. Ptowrf. 27 a, arg. But in the case 
 here cited, it is used as two words, person 
 able. " There is a maxim that when a re- 
 mainder is appointed to one, he to whom 
 it is appointed ought at that time to be a 
 person able, and to have capacity to take 
 the remainder, or else it shall be void." 
 Id. 
 
 PERSONAL. [Lat. personalis, from 
 persona, q. v.] Of the person ; belonging 
 to, or following the person; a&& personal 
 chattel, (q. v.) 
 
 Relating to, or affecting the person; 
 against the person; as a personal action, 
 
 (q. V.) 
 
PER 
 
 (294) 
 
 PER 
 
 PERSONAL ACTION. [Lat. actio per- 
 ionalis,'\ In practice. An action against the 
 person, {actio in personam;) an action 
 founded on personal obligation. An action 
 by -which a person claims a debt, or per- 
 tonal duty, or damages in lieu there- 
 of, or by which a person claims a satisfac- 
 tion in damages for some injury done to 
 his person or property.* 3 £1. Com. 
 111. 
 
 PERSONAL ASSETS. Personal pro- 
 perty in the hands of an executor or ad- 
 ministrator, chargeable with the debts or 
 legacies of the testator or intestate, and 
 applicable to that purpose.* 2 Williams 
 on Exeo. 1408. See Assets. 
 
 PERSONAL CHATTELS. Things 
 moveable which may be annexed to, or 
 attendant on the person of the owner, and 
 carried about with him from one part 
 of the world to another. 2 £1. Com. 
 38Y 
 
 PERSONAL CONTRACT. A- con- 
 tract respecting personal property, as a 
 lease of a stock of cattle, or other goods, 
 for years, rendering rent ; as distinguished 
 from a lease for years, which is a real con- 
 tract. 3 Ob. 22 a. Walker's case. 
 
 PERSONAL ESTATE. Personal pro- 
 perty, (q. V.) "Personal estates," in a will, 
 may pass real property. 11 East, 246. 
 
 PERSONAL LIBERTY. The right or 
 power of locomotion, of changing situation, 
 or moving one's person to whatsoever place 
 one's own inclination may direct, without 
 imprisonment or restraint, unless by due 
 course of law. 1 £1. Com. 134. 
 
 PERSONAL PROPERTY. That kind 
 of property which usually consists of things 
 temporary and moveable, but includes all 
 subjects of property not of a freehold na- 
 ture, nor descendible to the heirs at law. 
 2 Kenfs Com. 340. See definitions of this 
 term in 1 iV. Y. Rev. St. [388,] 379, § 3. 
 2 Id. [702, § 33,] 587, § 34. 
 
 « PERSONAL REPRESENTATIVES " 
 has sometimes been construed to mean, 
 " administrators or executors," and some- 
 times to mean the " next of kin.'' 2 Story's 
 Eq. Jur. § 1065 b, and note. See 2 Wil- 
 liams on Exec. 966. The term "legal 
 representatives" is, in its oWinary sense, 
 synonymous with " executors or adminis- 
 trators." Id. ibid. 
 
 PERSONAL RIGHTS. See Bights of 
 persons. 
 
 PERSONAL SECURITY. A person's 
 legal and uninterrupted enjoyment of his | 
 
 life, his limbs, his body, his health, and 
 his reputation. 1 £1. Com. 129. 
 
 PERSONAL STATUTES. In English 
 law. Statutes which respect personal transi- 
 tory contracts, as common loans or insur- 
 ances. So defined by Lord Mansfield, who 
 distinguishes between local and personal 
 statutes. 2 W. £1. 234, 246. 
 
 In foreign and modern civil law. Those 
 statutes (laws) which have principally for 
 their object the person, and treat only of 
 property incidentally. Story's Confl. of 
 Laws, § 13. — A personal statute, in this 
 sense of the term, is a law, ordinance, regu- 
 lation or custom, the disposition of which 
 affects the person, and clothes him with a 
 capacity or incapacity, which he does not 
 change with every change of abode ; but 
 which, upon principles of justice and 
 policy, he is assumed to carry with him 
 wherever he goes. 2 Kent's Com. 456. 
 Chancellor Kent considers this application 
 of the word statute a perversion, and pro- 
 tests against its introduction into Ameri- 
 can jurisprudence.' Id. note, 
 
 PERSONAL THINGS, in the old books, 
 include personal rights and duties. Personal 
 
 things cannot be done by another. Finch's 
 
 Law, b, 1, ch. 3, num. 14. Suit of court 
 could not be done by another. Id. ibid. 
 A man cannot excuse himself of a contempt 
 by attorney, but in proper person. Id. ibid.- 
 
 Personal things cannot be granted orer, as 
 
 matters of pleasure, ease, trust and authori- 
 ty. Id. ibid. num. 15. A license to hunt 
 in my park, to go to church over my 
 ground, to come into my house, to eat and 
 drink with me, cannot be granted over. 
 Id. ibid. A. licenseth B. to do an act; 
 B. cannot grant this license to another. 
 Id. ibid. 
 
 Personal things die with the person. Id. 
 
 ibid. num. 16. When a corporal hurt or 
 damage is done to a man, as to beat him, 
 (fee. if he or the party beaten die, the ac- 
 tion is gone. Id. ibid. 
 
 PERSONALIS. ACTIO. Lat. In the 
 civil law. A personal action ; an action 
 against the person, (in personam.) Dig. 
 50. 16. 178. 2. 
 
 PERSONALIS ACTIO. Lat. In old 
 English law. A personal action. A term 
 of the civil law, employed by Bracton, and 
 the literal translation of which has been 
 adopted in the common law, as the title of 
 one of the leading divisions of civil actions. 
 £ract. fol. 159 b, 284 b. 
 PERSONALITER. Lat. In old Eng- 
 
PER 
 
 (295) 
 
 PER 
 
 lishlaw. Personally; in person. Si debi- 
 tor personaliter inveniatur ; if the debtor 
 be personally found. Fleta, lib. 2, c. 60, 
 § 33. See Id. lib. 3, c. 15, § 5. Person- 
 aliter compareat ; shall personally appear. 
 3 How. St. Trials, 111. 
 
 PERSONALITY. In foreign and mo- 
 dern civil law. That quality of a law which 
 concerns the condition, state and capacity 
 of persons.* By the personality of laws, 
 foreign jurists generally mean all laws 
 which concern the condition, state and ca- 
 pacity of persons. Story's Confl. of Laws, 
 8 16. 
 
 PERSONALTY. Personal property; 
 including every thing moveable, whether 
 animate or inanimate, when the law con- 
 siders them to be the subject of property, 
 and sometimes things quasi moveable, as 
 tenant's fixtures ; and whether tangible or 
 not, such as choses in action, or things 
 which cannot be beneficially obtained with- 
 out suit; and also some descriptions of 
 interests connected with and issuing out of 
 realty, such as leases for years. 1 Chitt. 
 Gen. Pr. 4. Personalty is principally dis- 
 tinguished from realty by its actual or 
 supposed mobility, and the want of that 
 durability, which accompanies all real pro- 
 perty, and all permanent rights issuing out 
 of it. Id. 84. 
 
 An abstract of personal. In old prac- 
 tice, an action was said to be in the person- 
 alty where it was brought against the right 
 person, or the person against whom in law 
 it lay. 0. JSr. B. 92. Cowell. 
 
 PERSONATION. {Lak. persomtio, from 
 persona, a person.] The acting as a person, 
 or for a person ; the representation of a 
 person ; an acting in the character of an- 
 other. See False personation. 
 
 PERSONE. L. Fr. A parson. En 
 mesme la manere est de persone de un es- 
 glise; in ih,e same manner is it with the 
 parson of a church. Britt. c. 48. 
 
 PERSONERO. Span. In Spanish law. 
 An attorney. So called, because he repre- 
 sents the person of another, either in or 
 out of court. ZasPortirfas, part3, tit. 5,1.1. 
 
 PERSONNE. Fr. A person. This 
 term is declared by. the civil code of Louisi- 
 ana to be applicable to men and women, 
 or to either. Art. 3522, num. 25. 
 
 Perspicna vera non sunt probanda. Plain 
 
 truths are not to be . proved. Oo. Litt. 
 16 b. Quoted by Lord Coke as the reason 
 why Littleton never cited authority, ex- 
 cept where the case was rare or doubtful. 
 
 PERTE. L. Fr. Part, Jugement de 
 perte pur perte ; judgment of part for part, 
 (member for member.) Britt. c. 25. 
 
 PERTICA. L. Lat. In old records. 
 A perch ; a measure of land. Spelman. 
 
 PERTICATA, Particata. L. Lat. [from 
 pertica.] In old Scotch law. A perch. 
 Skene de Verb. Signif. 
 
 PERTINENS. Lat. [from_per(me«, to 
 belong.] In old English law. Pertaining; 
 belonging ; appurtenant ; appendant. 4 
 Co. 38 a, TyrringhanCs case. 
 
 Used in the laws of Canute, in the sense 
 of a relative, (cognatus.) Spelman. 
 
 PERTINENTI^. L.Lat. [from perti- 
 nere, to belong.] In old English law. 
 Appurtenances, or, as anciently written, 
 appertinances ; in Scotch law, pertinents ; 
 things belonging, or incident to another 
 (principal) thing. Reg. Orig. 1. Fleta, 
 lib. 3, c. 14, § 11. Appurtenances had 
 sometimes their own appurtenances, called 
 pertinentim pertineniiarum. Thus, to the 
 right of feeding and pasture, themselves 
 appurtenant to a tenement, were appurte- 
 nant the right of way, and free ingress and 
 egress ; {habent hujusmodi pertinentise suas 
 pertinentias, sicut ad jus pascend.i et ad 
 pasturam pertinet via et liber ingressus et 
 egressus.) Bract. io\.2Z'2. Seei^feta, lib. 
 4, c. 18,§3. 
 
 PERTINENTS. In Scotch law. Ap- 
 purtenances. "Parts and pertinents," 
 " parts, pendicles and pertinents," are for- 
 mal words in old deeds and charters. 1 
 Forbes' Inst, part 2, p. 112, 118. BelVs 
 Diet. Cum omnibus partibus, pendiculis, 
 aliisque pertineiitiis / with all the parts, 
 pendicles and other pertinents. 36 Eng. 
 Law & Eq. R. 20. 
 
 PERTURBATION. In ecclesiastical 
 law. Disturbance ; the disturbance of pews 
 or seats in a church. 1 Phillim. R. 
 323. 
 
 PERTURBIA. L. Lat. In old Scotch 
 law. Disturbance ; Scottice, distroublance. 
 1 Pitc. Crim. Trials, part 2, p. 12. Called 
 also perturbacio. 
 
 PERVISE, Parvise. [L. Lat. pervisus, 
 parvisia.] A church porch; the outer 
 court of a palace ; the palace yard at West- 
 minster. A place where clients and their 
 counsel used to meet for the purpose of 
 consultation, i Fortescue de L. L. Anglice 
 c. 51. Spelman. Dugdale, speaking of 
 the "Pervyse of Pawles," observes that 
 "formerly. each lawyer and seijeant, at his 
 pillar in St. Paul's Church," heard his cli- 
 
PET 
 
 ( 296) 
 
 PET 
 
 ent's cause, and toot notes thereof upon 
 his knee. Dugd, Orig. Jur. 195 b. 
 
 According to Selden, pervke signified 
 an afternoon's exercise or moot for the in- 
 struction of young students. Note to For- 
 tescue, uh. sup. 
 
 PESCHER. L. Fr. [from Lat. piscare.] 
 To fish. Droit de pescher ; right to fish. 
 Britt. c. 63. 
 
 PESCHERIE, Peskerye. L. Fr. [from 
 pescher, q. v.] In old English law. Fish- 
 ery ; a fishery. Britt. c. 63. Kelham. 
 
 PESQUISIDOR. Span. In Spanish 
 law. Coroner. White's New Becop. b. 
 1, tit. 1, § 3. 
 
 PESSON. L. Fr. In old English law. 
 Mast. Britt. c. 21, 24, 72. See Pessma. 
 
 PESSONA. L. Lat. In old English 
 law. Mast, including acorns, nuts and 
 other similar produce of trees. Bract. 
 fol. 222 b. 
 
 Wessons. L. Fr. FIsL Tearh. M. 
 4 Edw. III. 38. 
 
 PESTER. L. Fr. To feed. Tearh. 
 M. 4 Edw. III. 63. 
 
 PESTOUR, Pesture. L. Fr. [L. Lat. 
 pistor.^ A baker. Kelham. Britt. c. 30. 
 
 PETENS. Lat. {hompetere, to demand.] 
 In old English law. A demandant ; the 
 actor in a real action. Bract, fol. 106 b, 
 102. Fleta, lib. 6, c. 6, § 1. 
 
 PETERE. Lat. In the civil law. To 
 ask or request ; to pray. A word applied 
 to the creation of trusts by will. See 
 Peto. 
 
 To demand. A word particularly ap- 
 plied to proceedings to recover a thing, 
 (res.) Hence its use in the old English 
 real actions. See Petens, Petitio. 
 
 PETIT. Lat. [from petere, to ask or 
 demand.] In old practice. Prays; de- 
 mands. A. petit versus B. tantam terram; 
 A. demands against B. so much land. 
 Bract, fol. 281 b. Petit auditum; prays 
 oyer. 2 Zd. Raym. 1540. 
 
 PETIT JUDICIUM. Lat. In old prac- 
 tice. Prays judgment. 6ilforf. 236. lOM 
 210, 211. 
 
 PETIT, Petyt, Petite. L. Fr. Small ; 
 little; petty. Petitement; easily. Kel- 
 ham. 
 
 PETITE ASSISE. L. Fr. The small 
 assise ; a recognizance of twelve jurors as 
 to the right of a plaintiff upon the posses- 
 sion, (reconisaunce de xii jorours del droit 
 le pleyntyfe sur la possession.) Britt. c. 
 42. Distinguished from the grand assise, 
 (q. V.) 
 
 PETIT CAPE. Fr. and Lat. In old 
 practice. Little cape ; a writ of cape which 
 issued against a vouchee, when he had ap- 
 peared and afterwards made default. Ros- 
 coe^s Real Act. 268. But see Fet Assaver, 
 § 38—41. 
 
 PETIT (or PETTY) JURY. Small 
 jury ; the ordinary jury of twelve men, as 
 distinguished from the grand jury, consist- 
 ing of a larger number. Called in old 
 practice, la petite duzein, the little dozen, 
 or twelve. Yearb. T. 4 Edw. III. 21. 
 
 PETIT (or PETTY) LARCENY. [L. 
 Fr. petit larcyn.J Larceny to the value of 
 twelve pence, or under. See Grand lar- 
 ceny. Called in Fleta, minimum latroci- 
 nium. Fleta, lib. 1, c. 38, § 10. 
 
 PETIT (or PETTY) SERJEANTY. 
 [L. Lat. parva serjeantia, parva serjantia, 
 parva serjanteriaJ\ In English law. A 
 species of tenure in socage, consisting in 
 holding lands of the king by the service 
 of rendering to him annually some small 
 implement of war, as a bow, a sword, a 
 lance, an arrow or the like. Litt. sect. 159. 
 2 Bl. Com. 82. Distinguished from grand 
 seijeanty, (q. v.) The tenure by which the 
 lands and property granted to the Duke of 
 Marlborough and the Duke of Wellington, 
 for their great military services, are holden 
 at this day, is of this kind ; each rendering 
 a small flag or ensign annually, which is 
 deposited in Windsor castle. 1 Chitt. 
 Gen. Pr. ^29, note. See Parva ser- 
 jantia. 
 
 PETIT TREASON. [L. Lat. parva pro- 
 ditio.~\ In English law. The offence of 
 killing a master, or husband. 4 Bl. Com. 
 203. Now abolished by statute 9 Geo. 
 IV. c. 31, s. 2. 4: Steph. Com. 124, 184, 
 note. 
 
 PETITIO. Lat. [tiom petere, to ask or 
 demand.] In the civil law. The plain- 
 tiff's or actor^s statement of his cause of 
 action, in an action in rem. Big. 44. 7. 28. 
 Calv. Lex. 
 
 In old English law. Petition or de- 
 mand ; the count in a real action ; the form 
 of words in which a title to land was stated 
 by the demandant, and which commenced 
 with the word peto, (q. v.) 1 Reeves' Hist. 
 116. Obviously borrowed from the civil 
 law. See infra. 
 
 PETITION. In practice. An appli- 
 cation to a court in writing ; in contradis- 
 tinction to a motion, which may be viva 
 voce. Shaw, C. J. 4 Metcal/'s R. 376. A 
 motion stated in writing. 
 
PET 
 
 (29'?) 
 
 PHY 
 
 In equity practice. An application in 
 ■writing for an order of the court, stating 
 the circumstances upon which it is founded ; 
 a proceeding resorted to whenever the na- 
 ture of the application to the court re- 
 quires a fuller statement than can be con- 
 veniently made in a notice of mbtion. 
 1 Barbour's Chanc. Pr. 578. See 3 Bati^- 
 ielVs Chanc. Pr. 1801, (Perkins' ed.) 
 
 PETITION DE DROIT. L. Fr. In 
 English practice. A petition of right ; a 
 form of proceeding to obtain r«stitution 
 from the crown of either real or personal 
 property, being of use where the crown is 
 in possession of any hereditaments or chat- 
 tels, and the petitioner suggests such a 
 right as controverts the title of the crown, 
 grounded on facts disclosed in the petition 
 itself. 3 Bl. Com. 256. See a late case 
 of this kind, 8 Ad. ct Ml. (N. S.) 208. 
 
 PETITION OF RIGHT. A parlia- 
 mentary declaration of the liberties of the 
 people, assented to by King Charles I. in 
 the beginning of his reign. 1 Bl. Com. 
 128. See it at large, 3 ITow. St. Trials, 
 221, et seq. 
 
 PETITOR. Lat. [from petere, to de- 
 mand.] In Roman law. A plaintiff or 
 actor, particularly in an action in rem ; a 
 demandant. Calv. Lex. Actor est qui 
 agit in personam, petitor, qui agit in rem ; 
 an actor is one who prosecutes against a 
 person, a demandant one who prosecutes 
 against a thing. Cujac. Observ. lib. 7, c. 
 26. 
 
 , PETITORY. [Lat. petitorius, from pe- 
 tere, to demand.] Having the quality of a 
 demand or petition ; resting in demand ; 
 claiming title merely, without possession. 
 See Petitory suit. 
 
 PETITORY SUIT or ACTION. In 
 admiralty law. A suit in which the mere 
 title, to property is litigated and sought to 
 be enforced, as distinguished from a posses- 
 sory suit, (q. V.) 5 Mason's R. 465. 1 
 Kent's Com. 371. 
 
 In Scotch law. An action wherein the 
 pursuer (plaintiff) claims something as due 
 or belonging to him by the defender, (de- 
 fendant.) 1 Forbes' Inst, part 4, p. 163. 
 Bell's Diet. 
 
 PETO. Lat. In the Romaa law. I 
 request. A common word by which a fidei- 
 commissum, or trust, was created in a will. 
 Inst. 2. 24. 8. 
 
 In old English law. I demand. The 
 word with which a demandant's count 
 commenced, it being in the first person 
 
 Glanv. lib. 2, c. 3. Peto versus talem tan- 
 turn, terrcB cum periinentiis, in tali villa, ut 
 dotem meam ; I demand against such a one, 
 so much land, with the appurtenances, in 
 such a town, as my dower. Bract, fol. 
 313 b. Fleta, lib. 5, c. 32, § 3. Id. lib. 
 6, c. 52. 
 
 PETRA. Lat. In old English law. 
 Stone. Fleta, lib. 1, c. 20, § 114. 
 
 A stone. A weight of twelve pound* 
 and a half. Fleta, lib. 2, c. 12, § 1. 
 
 PETTY. Small; inferior. A word 
 framed from the Fr. petit, and sometimes 
 used indiscriminately with it. See Petit, 
 PETTY AVERAGE. In maritime law. 
 A term used to denote such charges and 
 disbursements as, according to occurrences 
 and the custom of every place, the master 
 necessarily furnishes for the benefit of the 
 ship and cargo, either at the place of load- 
 ing or unloading, or on the voyage ; such 
 as the hire of a pilot for conducting a ves- 
 sel from one place to another, (formerly 
 called lodemanage,) towage, light money, 
 beaconage, anchorage, bridge toll, quaran- 
 tine and such like. Park on Ins. 100. 
 The particulars belonging to this head de- 
 pend, however, entirely upon usage. Ab- 
 bott on Ship. 404. 
 
 PETTY BAG. [L. Lat. parva baga.] 
 In English practice. A name given to one 
 of the offices belonging to the common law 
 court in chancery, from the little sack or 
 bag anciently used for keeping the writs 
 relating to such matters wherein the crown 
 was immediately or mediately concerned. 
 3 Bl. Com. 49. 
 
 PETTY CONSTABLE. In English law. 
 The ordinary kind of constable in towns 
 and parishes, as distinguished from the 
 high constable of the hundred. See Con- 
 stable. The distinction is expressed in 
 American law by the same words. 
 
 PETTY LARCENY. See Petit larceny. 
 PEYNE. 0. Eng. and L. Fr. Pain ; pen- 
 alty. 3 Leon. 8. 
 
 PEYS. L. Fr. In old English law. 
 Weight; weights. Britt. c. 30. Peyser, 
 peiser ; to weigh. Id. ibid. 
 
 PHAROS. Lat. In maritime law. A 
 light-house. Loccen. de Jur. Mar. lib. 2, 
 c. 1, sec. 7. 
 
 PHYSICAL FACT. In the law of 
 evidence. A fact, the existence of which 
 may be perceived by the senses ; such as 
 the sound of a pistol-shot ; a man running ; 
 impressions oi human feet on the ground. 
 Burr. Circ. Evid. 130. See a particular 
 
PIG 
 
 (298) 
 
 pn, 
 
 enumeration of these. Id. 253. Defined 
 by Mr. Bentham, " a fact considered to 
 have its seat in some inanimate being, or, 
 if in an animate being, by virtue, not of 
 the qualities by which it is constituted 
 animate, but of those -which it has in com- 
 mon with the class of inanimate beings." 
 
 1 Benth. Jud. Hvid. iS. 
 
 PICCA6E. [L. Lat pu:eaffium, from 
 Fr. ^ig'Mer, to perforate, or pick] In old 
 English law. Money paid at fairs for leave 
 to break the ground, to set up booths or 
 stalls. Cowell. Spelman. 
 
 PICKERY. Sc. [0. Sc. pyierii.] In 
 Scotch law. Petty theft. Belt's Diet. 
 
 2 Pitc. Crim. Trials, 43. 
 
 PIE, Pee, Pe, L. Fr. [from Lat, pes, a 
 foot] A foot. Piez, pez ; feet. Kelham. 
 
 PIED POUDRE. L. Fr. [L. \&\,.pede 
 pulveros\l,s^^ In old English law. Dusty- 
 foot. A term applied to itinerant mer- 
 chants, chajtoen or pedlars, who attended 
 fairs. Gowell. Skene de Verb. Signif. 
 voc. Pedepulverosus. Usually written as 
 one word, piepoudre. 4 Taunt. 533. 
 
 PIER, Piere. L. Fr. [from Lat. pater.'] 
 In old English law. Father ; a father. 
 Britt. c. 109. 
 
 PIGHTEL. [L. Lat. pictellum.] In 
 old conveyancing. A small parcel of land 
 enclosed with a hedge; a little close. Cow- 
 ell. Derived by Cowell from Ital. piccolo, 
 little, but by Spelman from L. Lat. picta- 
 tium, a scrap. 
 
 PIGNERARE. Lat. [from pignus, a 
 pledge.] In the civil law. To pledge ; to 
 deposit on pledge, [pignori ponere.) Calv. 
 Lex. 
 
 PIGNORATIO. Lat. [ham pignorwre, 
 q. v.] In modern civil law. The taking 
 of cattle doing damage, by way of pledge, 
 till satisfaction is made. Heinecc. Elem. 
 Jur. Civ. lib. 4, tit. 10, § 1242. Corres- 
 ponding with the distress and impounding 
 of the common law. 
 
 PIGNORATITIA ACTIO. Lat. In 
 the civil law. An action of pledge, or 
 founded on a pledge, which was either 
 directa, for the debtor, after payment of 
 the debt, or contraria, for the creditor. 
 Heinecc. Mem. Jur. Civ. lib. 3, tit. 13, 
 §§824—826. Dig. 13.1. Written pigno- 
 raticia, ibid. 
 
 PIGNUS. Lat. In the civil law. A 
 pledge or pawn ; a delivery of a thing to 
 a creditor, as security for a debt. 
 
 A thing delivered to a creditor as secu- 
 rity for a debt. This is the sense in which 
 
 the word is employed in the Institutes. 
 Pignoris appellatione earn proprie rem con- 
 tineri dicimus, quoe dmul etiam traditur 
 creditori, mxtxime si mobilis sit ; under the 
 title of pignus (pledge,) we declare, is 
 properly included tAe thing itself, which at 
 the same time is delivered to the creditor, 
 ^specially if it be movable. Inst. 4. 6. 7. ^ 
 It was thus distinguished from a hypo- 
 theca, which was valid without delivery. 
 Id. ibid. And see Dig. 13. 1. 9. 2. 
 Story, J. 1 Sumner's S. 13, 81. But a 
 pignus might also be good without deli- 
 very. Dig. 13. 1. 1. 
 
 In an exact sense, pignus was properly 
 applied to moveables, and hypotkeca to 
 immoveables, "i Story's Eq. Jur. § 1006. 
 But the word was sometimes taken in a 
 more general sense. Id. ibid. Story on 
 Bailm. § 290 a. See Dig. lib. W, per tot. 
 Gaius, in the Digests, derives pignus from 
 pugnus, ■ the fist or hand, because things 
 which are given in pledge are delivered 
 into the hand. Dig. 50. 16. 238. 2. 
 
 PILLORY. [L. Yi. pillorie; L. Lot. pil- 
 lorium, pilloria; collistrigium.] In crimi- 
 nal law. An engine of wood made to 
 punish oftenders, intended, as Spelman 
 observes, more for the infliction of dis- 
 grace than pain, {ad ludibrium magis 
 quam pcenam ;) the head and face of the 
 ofiender being exposed to public view, 
 through an opening which fitted the neck 
 in such a manner that it could not be 
 drawn back, the hands also being secured 
 through similar openings ; veiy signifi- 
 cantly described by its old Saxon name 
 healsfang, (neck-grasp,) of which the Lat. 
 collistrigium is an imitation. For a par- 
 ticular description of the manner in which 
 this punishment was inflicted, see the case 
 of Rex V. Beardmore, 2 Burr. T92. 
 
 Cowell inclines to derive pillory from 
 the Gr. tivXi;, a gate, and ipdu, to see. Spel- 
 man prefers the Fr. pilleur, a cheat, as de- 
 noting the class of offenders on whom the 
 punishment was at first principally inflict- 
 ed. Both, however, leave it uncertain. 
 
 PILOT. In maritime law. A steers- 
 man ; a person particularly acquainted 
 with the navigation of certain waters, and 
 employed to steer vessels through them.* 
 — A person taken on board a vessel at a 
 particular place, for the purpose of con- 
 ducting her through a river, road or chan- 
 nel, or from or into a port. Abbott on 
 Ship. 195. Story, J. 10 Peters' R. 108, 
 123.-^A person qualified and appointed 
 
PIR 
 
 (299) 
 
 PIX 
 
 by proper authority, to conduct vessels in 
 and out of particular harbors, or along cer- 
 tain coasts, at a certain fixed rate, depend- 
 ing on the draught of water. Bratide. It 
 is the duty of the master engaged in a 
 foreign trade, to put his ship under the 
 charge of a pilot, both on his outward and 
 homeward voyage, when he is within the 
 usual limits of the pilot's employment. 
 3 Kenis Com. lib, 176, and note. The 
 pilot, while on board, has the exclusive 
 control of the ship. He is considered as 
 master ^ro hac vice. Id. ibid, 
 
 PILOTAGE. The navigation of a ves- 
 sel by a pUot ; the duty of a pilot. Story, 
 J. 10 Peters' ^.121, 123. 
 
 The charge or compensation allowed 
 for piloting a vessel. Abbott on, Ship. 
 198, 199. 
 
 PIN MONEY. Money allowed to, or 
 settled upon a wife, for the purpose of 
 supplying her with dress and the means of 
 defraying her other personal expenses. 
 See Suffden's Law of Property, 162, 170, 
 and note. 
 
 PINCERNA. Lat. In old English 
 law. Butler; the king's butler, whose 
 office it was to select out of the cargo of 
 every vessel laden with wine, one cask at 
 the prow and another at the stern, for the 
 king's use. Fleta, lib. 2, c. 22. 
 
 PIPE ROLL. A great roll kept in the 
 English Exchequer, said to be so called 
 from its resemblance in shape to a pipe. 
 Spelman. . But, according to Lord Bacsn, 
 it was so called "because the whole re- 
 ceipt is finally conveyed into it by the 
 means of divers small pipes or quills, as it 
 were water into a great head or cistern." 
 Bacon'sWorks, iv. 133. Called by Madox 
 " the most stately record of the exchequer, 
 and the great medium of charge and dis- 
 charge of rents, farms and debts due to 
 the crown." ffist. Exch. vol. ii. p. 114. 
 There are other rolls under this name. 
 See HubbacMs Evid. of Succession, 624 — 
 626. 
 
 PIPOWDER, Piepoudre. [Fr. pied 
 poudre, q. v.] In English law. The name 
 of a court held for fairs and markets. See 
 Court of piedpoudre. Pipowder courts 
 were formerly appointed to be held at fairs 
 in the town and borough of Westchester, 
 New- York. Bolton's Mist, of Westchester, 
 i. 194. 
 
 PIRACY. In public criminal law. 
 Robbery or forcible depredation on the 
 high seas, without lawful authority, and | 
 
 done antmo furandi, in the spirit and in- 
 tention of universal hostility. 1 Kent's 
 Com. 183. It is the same offence at sea 
 with robbery on land. Id. ibid. See 
 Whart. Am. Grim. law, §§ 2816—2855. 
 
 PIRATE, Eng. and Fr. [Lat. pirata, 
 from Grr. TTeipav, to cross or roam over.] A 
 sea robber;* one who maintains himself 
 by pillage aa'd robbing at sea. • Cowell. — 
 A robber on the high seas. Websteri — A 
 rover, according to the seeming radical 
 sense of the word. " A pirate is a rover 
 and a robber upon the sea." 3 Inst. 113. 
 Pirata est hostis humani generis; a pirate 
 is an enemy of the human race. Id. ibid. 
 And see Santema, part 4, n. 50. Strac- 
 cha de JVautis, part 3, n. 30. — One who, 
 without a commission from any sovereign, 
 of his own authority, roams over the sea, 
 for the sake of plunder. Casaregis, disc. 
 64, n. 4. And see Emerig. Tr. des Ass. 
 oh. 12, sect. 28. 
 
 /In old Saxon law, this word occurs in 
 the sense of a sea-soldier or marine. 
 Spelman. Cowell. 
 
 PIRUS. Lat. In old English law. 
 A pear tree. Fleta, lib. 2, c. 82, § 2. 
 
 PISCARIA. L. Lat. [from ^Jism, fish.] 
 In old English law. Fishery; a fishery. 
 Reg. Grig. 156. Sometimes translated 
 piscary, (q. v.) 
 
 PISCARY. [L. Lat. piscaria; L. Fr. 
 pescherie.'] Fishery. 2 Bl. Com. 34, 35. 
 
 PISCINA. Lat. [from piscis, fish.] In 
 old English law, A fish-pond. Fleta, 
 lib. 4, c. 27, § 8. 
 
 PISCIS. Lat. Fish. Called nomen 
 collectivum, as being used to denote both 
 the singular and plural. 5 Co. 36 a, Plag- 
 ter's case. 
 
 nisTiKoz, niaTi«is. Gr. [from tti'itis, faith.] 
 In maritime law. The master of a ship ; 
 he to whom the government of a ship was 
 entrusted. Laws of Oleron, art. 1,' obs. 
 1 Peters' Adm. Dec. Appendix, vi. Calv. 
 Lex. 
 
 PISTOR. Lat. In old English law. 
 A baker ; the baker. Fleta, lib; 2, c. 83, 
 See his duties described, ibid. 
 
 PIT AND GALLOWS. [L. Lat. /oMa 
 etfurca^ In old Scotch law. The right 
 to punish thieves by drowning and hang- 
 ing. 2 Pitc. Crim. Trials, 43. 
 
 PIX. Lat. A mode of testing coin. 
 The ascertaining whether coin is of the 
 proper standard is, in England, called pix- 
 in^it; and there are occasions on which 
 resort is had for this purpose to an ancient 
 
PLA 
 
 (300) 
 
 PLA 
 
 mode of inquisition called the trial of the 
 pix, before a jury of members of tfie Gold- 
 smith's Company. 2 Steph. Com. 540, 
 note. 
 
 PIXIS. L. Lat. In old pleading. A 
 box. Oro. Jac. 664. " Trover was brought 
 de una pixide, Anglice, a box full of 
 bands," &c. Id. ibid. A liox for deeds 
 and muniments. Latch, 195. 
 
 PLACE. An old word for pleas. 
 Thus the court of Common Pleas is some- 
 times called the court of Common Place. 
 Stat. 4 Jlen. VIL c. 24. "Common 
 banke" is translated "Common Place." 
 Iiitt. sect. 94. The expression " Clerk of 
 the Place " occurs frequently in the Year 
 Books. P. 2 Hen. VL 3. M. 3 Hen. VL 
 24. H. 3 Hen. VI. 2. H. 4 Hen. VL 6. 
 T. T Hen. VL 2. H. 8 Hen. VL 21. See 
 Common Place. 
 
 PLACE WHERE. A phrase used in 
 the older reports, being a literal transla- 
 tion of locus in quo, (q. v.) "Who was 
 seized of the place where in fee." 6 Mod. 
 158. " The plaintiff's cattle escaped into 
 the place where." Id. 198. See 1 Leon. 
 60, et passim. 
 
 PLACEA. L. Lat. In old records. 
 A place. Coram uno justitiario placeae 
 uhi placitum motum; before one justice of 
 the place where the plea was moved, (suit 
 commenced.) Heff. Orig. 186. Reg. Jud. 
 84 b. This word had not always the 
 sense of locus, but rather that of a plot or 
 piece of ground. Provideatur ei in loco 
 competenti, qucedam placea guce ei sufficere 
 possit ad mesuagium ; there shall be pro- 
 vided for her, in a suitable place, a certain 
 piece (of ground) which may suflSce her 
 for a messuage. Fltta, lib. 5, c. 24, § 13. 
 See Platea. 
 
 PLACETA. L. Lat. In old records. 
 A place, as applied to a house. Placeta 
 messuagii. Cowell. 
 
 A piece or parcel, as applied to lands. 
 Placeta pastures. Id. So the Fr. place de 
 terre; a piece of land. Kelham. 
 
 PLACITA. Lat. [plur. of placitum, 
 from placere, to please.J In the civil law. 
 The decrees or constitutions of the empe- 
 ror ; being the expressions of his will and 
 pleasure, (g'woi principi placuit.) Calv. 
 Lex. Brissonius. 
 
 PLACITA. L. Lat. [plur. oi placitum, 
 q. v.] In old English law. Pleas; plead- 
 ings; judicial proceedings; suits; debates 
 and trials at law. Lites et placita; suits 
 and pleas. Bract, fol. 1 b. Placita coro- 
 
 ncB ; pleas of the crown, or criminal suits. 
 Id. fol. 116 b. Co. Litt. 284 b. Placita 
 communia ; common pleas. Id. ibid. 
 
 Penalties ; finps ; mulcts or emendations 
 in the exchequer. Lib. Nig. Scatc. lib. 2, 
 tit. 13. 
 
 In practice. The caption or title of a 
 judgment record ; so called from its initial 
 word when in Latin, Placita; (Pleas, i. e. 
 pleadings;) containing the style and term 
 of the court; and which in modern re- 
 cords usually runs thus: "Pleas before 
 the [justices of the court in which the 
 action is, giving their proper title,] at the 
 [place where the court is held,] of [a cer- 
 tain term or day in term designated,] in 
 the year [specified.] Witness — Justice, 
 — clerk." There were formerly two of 
 these ^?acito in the English nisi prius re- 
 cords. 
 
 PLACITA. L. Lat. [0. Fr. plaids!] 
 In old European law. Public courts or 
 assemblies, in which the sovereign pre- 
 sided. See Placitum. 
 
 PLACITA COMMUNIA. L. Lat. In 
 old English law. Common pleas or suits ; 
 civil actions between subject and subject. 
 Co. Litt. 284 b. See Communia placita, 
 Placitum commune. 
 
 PLACITA CORONA. L. Lat. In 
 old English law. Pleas of the crown. 
 Bract, fol. 116 b. Criminal pleas, pro- 
 ceedings or prosecutions, (^placita crimi- 
 nalia.) Co. Litt. 284 b. A title given to 
 some of the ancient works on criminal 
 law. 
 
 PLACITA JURIS. L. Lat. Pleas, or 
 determinations, (that is, arbitrary rules) of 
 law. A term used by Lord Bacon, to de- 
 note such rules of law as do not belong to 
 the class of maxims or conclusions of rea- 
 son, and which he describes as " particular 
 and positive learnings of laws," " grounds 
 and positive learnings received with the 
 law and set down." Bacon^s Max. pref. 
 Id. 55, reg. 12. 
 
 Beceditur a placitis juris, potins qnam in- 
 jiiriie et delicta maneant impunita. Posi- 
 tive rules of law will be dispensed with, 
 rather than crimes and wrongs should re- 
 main unpunished. Bacons Max. 65, reg. 
 12. Lord Bacon gives the following, 
 among other illustrations of this maxim : 
 " It is a positive ground [of law, or placi- 
 tum juris] that the accessory in felony 
 cannot be proceeded against until the 
 principal be tried ; yet if a man, upon sub- 
 tilty and malice, set a madman by some 
 
PLA 
 
 (301) 
 
 PLA 
 
 device to till him, [another ?] and he doth 
 so, now forasmuch as the madman is ex- 
 cused, hecause he can have no will or 
 malice, the law accounteth the incitor as 
 principal, though he he ahsent, rather than 
 the crime shall go unpunished." Id. 57. 
 
 PLACITABILE. L. Lat. In old Eng- 
 lish law. Pleadable. Spelman. 
 
 PLACITAMENTUM. L. Lat. In old 
 records. The pleading of a cause. Spel- 
 man. 
 
 PLACITARE. L. Lat. [from pladtum, 
 q. v.] In old English law. To plead ; to 
 state to a court in form of law. Flacitan- 
 tur placita ; pleas are pleaded. Bract, fol. 
 106. Placitavit ; (he) pleaded. Tearh. 
 M. 1 Edw. IL 
 
 To litigate ; to make the subject of a 
 plea or action ; to implead or prosecute. 
 Breve Gul. Gonq. apud Hale's Hist. Com. 
 Law, 120. 
 
 PLACITATOR. L. Lat. [from placi- 
 tare, q. v.] In old records. A pleader. 
 Cowell. Spelman. 
 
 PLACITUM. Lat. [from placere, to 
 please.] In the civil law. An agreement 
 of parties, {conventio ;) that which is their 
 pleasure to arrange between them. Calv. 
 Lex. 
 
 An imperial ordinance or constitution ; 
 literally, the prince's pleasure. Quod 
 principi placuit legis habet vigorem ; what 
 has pleased the prince has the force of law. 
 Inst. 1. 2. 6. 
 
 A judicial decision; the judgment, de- 
 cree or sentence of a court. Calv. Lex. 
 
 PLACITUM. L. Lat. [0. Fr. plait, 
 plaid.'\ In feudal and old European law. 
 An assembly of the king and great men of 
 the realm. Houard, Anc. Loix des Franc. 
 sect. 10. Steph. PL Appendix, Note (1.) 
 
 The general or national assembly of the 
 Franks. Hincmar. Op. vol. ii. c. 29, 211. 
 1 Roh. Charles V. Appendix, note xxxviii. 
 
 An assembly or court of freeholders or 
 vassals. Crabb's Mist. 58. Supposed to 
 be derived from the Germ, plats, a field, or 
 open place, being sometimes held in the 
 open country. 
 
 An ordinary court of justice. Calv, 
 Lex. 
 
 PLACITUM. L. Lat. In old English 
 law. A court. Comitatuum placita; 
 county courts. Crabb's Hist. 58. 
 
 A cause or suit in court. Lites et pla- 
 cita ; suits and pleas. Bract, fol. 1 b. 
 Actionum sive placitorum ; of actions or 
 
 pleas. Id. fol. 101 b. Pladtum de recto ; 
 an action or writ' of right. Id. fol. 328. 
 Quod placitum inclioatum fuit primum in 
 curia P. ; which suit was first commenced 
 in the court of P. Reg. Grig, 18 b. 
 Placitum ^nmcipa/eci incidens ; a principal 
 and a collateral suit. Bract, fol. 392. 
 Tenere placitum; to hold plea; to take 
 cognizance of a cause. Reg. Grig. 34. 
 Traliere in placitum ; to draw into plea ; 
 to bring into court ; to involve in a suit. 
 Id. ibid, Placitum de debito : a plea of 
 debt. Fleta, lib. 2, c. 60, § 27. In pla- 
 cito debiti ; in a plea of debt. 1 Stra. 
 407. Placitum pendens ; a plea pending. 
 Fleta, lib. 2, c. 61, § 12. In plaoito de- 
 tentionis ; m a plea of detinue. Keilw. 119, 
 
 A day in court. Placitum nominatum ; 
 a day appointed for the defendant to plead 
 or answer. Crabb's Hist, 59. Placitum 
 fractum ; a day broken, or lost to the de- 
 fendant. Id. ibid. 
 
 A mulct or fine imposed in court. Id. 
 ibid, 
 
 A proceeding in court, particularly a 
 pleading. Placita; (q. v.) pleas or plead- 
 ings. This use of the word has been 
 retained in records down to the present 
 time. 
 
 A plea; an allegation of fact opposed 
 by a defendant to the plaintiflf's declara- 
 tion. See Plea. 
 
 PLACITUM COMMUNE. L. Lat. In 
 old English law. A common plea or ac- 
 tion. Cum placitum debiti sit quoddam 
 placitum commune, et in charta libertatis 
 contineatur quod communia placita nmi se- 
 quantur cur' Reg' sed in certo loco tenean- 
 tur ; since a plea, of debt is a kind of com- 
 mon plea, and in the Charter of Liberty, 
 (Magna Charta,) it is contained that com- 
 mon pleas shall not follow the king's court, 
 but shall be held in a certain place. Fleta, 
 lib. 2, c. 61, § 18. 
 
 PLAGA. Lat. [L. Fr. playe.] In old 
 English law. A wound. Fecit ei insulium 
 et quondam plagam ei fecit in tali loco ; 
 made an assault upon him, and gave him 
 a certain wound in such a place. Bract. 
 fol. 144. Properly, a wound made by a 
 cutting instrument, (an incised wound.) 
 i^/eta,lib. 1, c. 41, § 3. Plaga and vulnus, 
 (wound,) were synonymous, though plaga 
 was the more usual word in indictments. 
 5 Co. 121 b. Long's case. 
 
 PLAGARE. L. Lat. In old European 
 law. To wound. L. Salic, tit. 16, § 2. 
 Spelman. 
 
PLA 
 
 ( 303 ) 
 
 PLA 
 
 PLAGIARIUS. Lat; In the civil law. 
 A man-stealer ; a kidnapper. Dig. 48. 15. 
 1. 4 Bl. Com. 219. 
 
 PLAGIUM. Lat. In the civil law. 
 Man-stealing ; kidnapping. The offence of 
 enticing away and stealing men, children 
 and slaves. Calv. Lex. The persuading 
 a slave to escape from his master, or the 
 concealing or harboring him without the 
 knowledge of his master. Dig. 48. 15. 6. 
 A term used in Scotch law. 2 BrovirCs 
 B. 288. 
 
 PLAID. 0. Fr. In old European law. 
 An assembly of the kings and great men 
 of the realm. Houard, Anc. Loix des 
 Franc, sect. 10.- Steph. Pi. Appendix, 
 Note (1.) 
 
 A court of justice. Id. ibid. 
 
 PLAIDEUE. O. Fr. A pleader; an 
 advocate. See Pleideoir. 
 
 PLAIE. L. Fr. A wound. LL. Qui. 
 Conq. 1. 12. 
 
 PLAINT. [L. Fr. pUynte.] In Eng- 
 lish practice. A private memorial tendered 
 in open court to the judge, wherein the 
 party injured sets forth his cause of action. 
 A proceeding in inferior courts, by which 
 an action is commence'd without original 
 writ. 3 Bl. Com. 373. This mode of 
 proceeding is commonly adopted in cases 
 of replevin. 3 Steph. Com. 666. 
 
 PLAINTIFF, , [L. Fr. pleyntyfe, plein- 
 life, from pleyndre, to complain ; L. Lat. 
 querens^ In practice. The complaining 
 party in an action at law ; the party bring- 
 ing an action, and so named on the record. 
 It is the old French word, with merely the 
 spelling modernized. See Pleyntyfe. 
 
 In the case of the Bank of Salina v. 
 Henry, it was said by the Supreme Court of 
 New-York that, in the legal as well as in 
 the ordinary use of the term, no one can 
 strictly and properly be denominated a 
 plaintiff in an action, unless he is named as 
 such on the record. Bronson, J. 1 HilVs 
 B. 555, 557. But the decision in this case 
 was reversed by the Court of Errors, who 
 held that the word plaintiff extended to a 
 party in interest as plaintiff, although not 
 the plaintiff on the record. 5 Hill's B. 
 523 — 547. This was in construction of an 
 act of the legislature, entitled "An act to 
 prevent usury," passed May 15th, 1837. 
 
 PLAIZ. L. Fr. Pleas, (placita.) LL. 
 Qui. Conq. 1. 2. 
 
 PLANTA. Lat. In the civil and 
 old English law. A plant. See Plantatio. 
 
 PLANTATIO. Lat. [from plantare, 
 
 to plant.] In the civil law. Planting; 
 one of the modes of acquiring property 
 by accession, (accessio, q. v.) Si Titius 
 alienam plantam in solo suo posuerit, ipsius 
 erit ; et ex diverse, si Titius suam plantam 
 in McBvii solo posuerit, Jfcevii planta erit ; 
 si modo utroque casu radices egerit ; if 
 Titius have set another man's plant in his 
 own ground, it will be his own ; and on the 
 other hand, if Titius have set his own 
 plant in Maevius' ground, the plant wUl be 
 Msevius', provided that in either case it have 
 taken root. Inst. 2. 1. 31. This passage 
 is taken word for word (except the error 
 of Menii for Moevii,) by Bracton, who 
 gives no authority, but adds, unde versus, 
 
 Quicquid plantatur, seritur Tel iDaedificatur, 
 Umue solo cedit, radices si tamen egit. 
 (whence the verse, " whatever is planted, 
 sown or built, all goes with the soil, pro- 
 vided it have taken root.") Bract, fol. 10. 
 In Fleta, the reading of the passage is 
 somewhat varied, but there is the same 
 error of Menius for Mcevius. Fleta, lib. 
 3, c. 2, § 13. 
 
 PLANUS, Planum. Lat. In the Eo- 
 man law. Plain ; level ; not elevated. De 
 piano ; from or on a level, as opposed to 
 pro trihunali, from a tribunal or judgnient 
 seat. The praetor or magistrate was figura- 
 tively said to hear causes (cOgnoscere) de 
 piano, when he did so without the cere- 
 mony of occupying the tribunal, as while 
 walking abroad, &c. Calv. Lex. 
 
 PLATEA. L. Lat. In old English law. 
 A clear or open space of ground ; a plat 
 or plot of ground. Provideatur ei in loco 
 competenti, qumdam platea qum ei sufficere 
 possit ad rinessuagium ; there shall be pro- 
 vided, for her in a suitable place, a certain 
 plat or space which may be sufiBcient for a 
 messuage for her. Bract, fol. 97 b. In the 
 corresponding passage in Fleta, the word 
 is written ^Zacea, (q.v.) 
 
 A wide place ; a court yard. 1 Ld. 
 Baym. 607, arg. A barn-yard. Fleta, lib. 
 2, c. 73,§9. 
 
 PLAY. L. Fr. In old English law. 
 A plea, or action. Si le play soit aillours 
 que en nostre court ; if the plea be else- 
 where than in our court. Britt. c. 26. 
 Sicome play de dette et de covenaunt ; as a 
 plea of debt and of covenant. Id. ibid. 
 Pendaunt le play. Id. c. 27. Comence- 
 ment del play. Id. c. 46. Obligacion est 
 — m^re de play ; obligation is the mother 
 of an action. Id. c. 28. 
 
 PLAYE. L. Fr. [from Lat. plaga.] In 
 
PLE 
 
 (303) 
 
 PLE 
 
 old English law. A wound. M puis vist 
 le coroner, et les jurors ove luy, voer le cors, 
 et les playes et les coupes ; and then shall 
 the coroner go, and the jurors with him, 
 to view the body, and the wounds, and the 
 strokes [or marts of blows.] Britt. c. 1. 
 
 PLE. L. Fr. In old English law. A 
 plea or suit. Les pies le ray ; the pleas of 
 the crown. Mirr. c. 4. 9 Cb. pref. v. 
 
 A plea, (pleading.) Ceo n'est pie; 
 this is no plea. Tearb. T. 18 Hen. VL 2. 
 Le ^\% est double. H. 8 Hen. VL 13. 
 
 PLEA. [L. Fr. plee, pie, play ; L. Lat. 
 placitum ; Sax. pleo, pleoh, from pleah, 
 loss, peril, according to Spelman.} In old 
 English law and practice. A suit or action. 
 This sense of the word has been preserved 
 in modern declarations, in which the plain- 
 tiflF complains of the defendant " of a plea 
 (L. Lat. de placito, that is in action) of 
 debt," or whatever the form of action may 
 be. See De placito. It is preserved, also, 
 in the phrase " to hold plea," which still 
 occurs in the books. 
 
 An allegation made by a party in a 
 cause ; a pleading.* Steph. J'l. Appendix, 
 Note (l.) That which either party alleges 
 for himself in court. Cowell. See Plead. 
 
 In a stricter sense. An allegation of 
 fact in a cause, as distinguished from ade- 
 murres. Steph. Plead. Appendix, Note 
 (26.). See Plead. 
 
 In modern practice. An answer or allega- 
 tion of fact which a defendant, in an action 
 at law, opposes to the plaintiflF's declara- 
 tion. Steph. PI. Appendix, . Note (26.) 
 The word has obtained this sense by a pro- 
 cess of gradual restriction of meaning, which 
 may also be observed in the successive 
 definitions of placitum, the corresponding 
 Latin word. 
 
 In equity practice. A special answer, 
 showing or relying upon one or more 
 things, as a cause why the suit should be 
 either dismissed, or delayed, or barred. 
 Mitford's Cham. PI. 219. Story's Eq. 
 Plead. § 649. 
 
 PLEA IN ABATEMENT. In practice. 
 A plea which goes to abate the plaintiflf's 
 action, that is, to suspend or put it off for 
 the present. Z Bl. Com.ZOl. Called, also, 
 a dilatory plea, (q. v.) 
 
 PLEA IN. BAR. In practice. A plea 
 which goes to bar the plaintiff's action, 
 that is, to defeat it absolutely and entirely. 
 1 Burr. Pr. 162. 3 Bl. Com. 303. An- 
 ciently termed a bar, (q. v.) 
 
 PLEAD. [L. Fr. pleder ; L. Lat. placi 
 
 tare, qq. v.] Originally and radically, — to 
 litigate ; to carry on a plea, (suit.) This 
 sense appears in the L. Lat. placitare, and 
 L. Fr. pleder, (qq. v.) and is preserved in 
 the word implead, which is still used. 
 
 In a stricter sense, — to conduct that part 
 of an action which consisted in the allegar 
 tions of the respective parties.* To make 
 allegation in a cause. Steph. PI. Appen- 
 dix, Notes (1,) (18.) See Pleading. This, 
 when the pleadings were oral, seems to 
 have corresponded very closely with the 
 modern popular sense of the word, (to argue 
 at the bar, or address a jury.) 
 
 In a still stricter sense, — to make an al- 
 legation oifact in a cause. Steph. PL Ap- 
 pendix, Note (26.) It is a general rule of 
 pleading, that a party, at each successive 
 stage of the process, must demur or plead 
 to the allegation of his adversary. Id. 138. 
 
 In the strictest sense, — ^to make that al- 
 legation of fact, on the part of a defendant, 
 which follows and is opposed to the plain- 
 tiff's declaration.* Steph. PI. Appendix, 
 Note (26.) In practice, the plaintiff is said 
 to declare, the defendant to ^Zead, the plain- 
 tiff to reply, <fec. 
 
 PLEADER. [L. Fr. pleador, pledor ; 
 O. Fr. pleideoir ; L. Lat. placitans advoca- 
 tus.'l A person professionally employed to 
 manage another's cause for him, particu- 
 larly to plead orally, or argue for him in 
 court. The use of professional ^Zearfer* or 
 advocates may be traced, among some of 
 the continential nations, to a period ex- 
 tremely remote. Steph. PI. Appendix, 
 Note (8.) In the Assizes of Jerusalem, the 
 term pleader (pledeoir) is used as nearly 
 synonymous with counsel, (conseill.) 
 
 PLEADING. In common law practice. 
 The process of making allegation in a cause," 
 consisting of a series of written statements 
 proceeding from the parties in alternate 
 order, and so adapted to each other as to 
 develop of themselves the essential point in 
 controversy, or subject for the decision of 
 the court, which is termed the issue. 
 
 That stage of the proceedings in an ac- 
 tion, which commences when the defendant 
 has appeared, and terminates with the pro- 
 duction of an issue between the parties. 
 
 That peculiar System or science of state- 
 ment established in the common law of 
 England, consisting of a variety of rules, 
 (with accompanying forms,) by which the 
 allegations of the respective parties are so 
 regulated as to produce a single, certain 
 and material issue between the parties, and 
 
PLE 
 
 (304) 
 
 PLE 
 
 to produce it with the least delay and confu- 
 sion. StepLFll. Id.l23 — 13l,etpertot. 
 
 In equity. The formal method of plac- 
 ing the statements of the respective parties 
 to a suit before the court; a less technical 
 procedure than pleading at law, the sub- 
 stance of the statements being regarded 
 rather than their precise verbal form. 
 
 PLEADINGS. [L. Lat. placiia.] The 
 individual allegations of the respective par- 
 ties to an action at common law, proceeding 
 from them alternately, in the order and 
 under the distinctive names following: the 
 plaintiff's declaration, the defendant's plea, 
 the plaintiff's replication, the defendant's 
 rejoinder, the plaintiff's sur-rejoinder, the 
 defendant's rebutter, the plaintiff's sur- 
 rebutter ; after which they have no dis- 
 tinctive names. 
 
 In equity. The formal written allega- 
 tions or statements of the respective parties 
 in a suit, to maintain or defeat it ; consist- 
 ing of the plaintiff's bill, the defendant's 
 answer, and the plaintiff's replication. 
 Story^s Eq. PI. § 4, and note. 
 
 PLEAS OF THE GROWN. [L. Lat. 
 placita coronce.] In English law. Crimi- 
 nal prosecutions. So called, because con- 
 ducted at the suit of the crown.* 3 £1. 
 Com. 40. 
 
 Criminal law. The title of several stan- 
 dard works on criminal law, as Hale's Pleas 
 of the Crown, HawMns' Pleas of the Crown, 
 and others. 
 
 PLEBEYOS. Span, [from Lat. plebeius, 
 from plebs, q. v.] In Spanish law. Com- 
 mons ; those who exercise any trade, (arte,) 
 or who cultivate the soil. White's New 
 Recap, b. 1, tit. 5, c. 3, § 6, and note. 
 
 PLEBISCITUM. Lat. In the Roman 
 law. A law enacted by the plebs or com- 
 monalty, (that is, the citizens, with the ex- 
 ception of the patricians and senators,) at 
 the request, or on the proposition of a ple- 
 beian magistrate, such as a tribune ; {quod 
 plebs, plebeio magistratu interrogante, {ye- 
 luti tribuno,) constituebat.) Inst. 1. 2. 4. 
 Tayl. Civ. Law, 197. 
 
 PLEBS. Lat. In the Roman law. 
 The commonalty, or citizens, exclusive of 
 the patricians and senators. Plebis appel- 
 latione, sine patriciis et sAiatoribus, coeteri 
 cives significantur. Inst. 1. 2. 4. Dig. 50. 
 16. 238, pr. 
 
 PLEDABLE. L. Fr. That may be 
 brought or conducted, as an action, or plea, 
 as it was formerly called. Britt. c. 32. 
 See Pleder. 
 
 PLEDER. L. Fr. In old English law. 
 To plead ; to conduct an action. La forme 
 et la manere de pleder parsonels plees pleda- 
 bles par attachments de cors ; the form and 
 the manner of pleading personal pleas 
 pleadable by attachments of the body. That 
 is, the manner of conducting personal ac- 
 tions which may be brought by attachment. 
 Britt. c. 32. 
 
 To plead ; to put in a plea. Pleder en 
 abatement. Yearb. M. 9 Edw. III. 57. 
 Pleda en barre. M. 10 Edw. III. 41. 
 
 PLEDGE. [L. Fr. plegge, plege ; L. Lat, 
 plegius.l In old English law and practice. 
 A surety ; a person who undertook or be- 
 came responsible for another. A term al- 
 ways applied to persons. See Plegius. 
 
 PLEDGE. [Lat. pignus.'] In the law 
 of bailment. A bailment of goods to a 
 creditor, as security for some debt or en- 
 gagemeat. Story on Bailm. § 7. — A bail- 
 ment or delivery of goods by a debtor to 
 his creditor, to be kept till the debt be dis- 
 charged. 2 Rents Com. 517. Distin- 
 guished from a mortgage of goods, by its 
 passing' only a special property to the 
 pledgee, and by its requiring actual posses- 
 sion by him to create or to support his title. 
 Story on Bailm. § 287. 
 
 PLEDGER. The party delivering goods 
 in pledge ; the party pledging. Story on 
 Bailm. § 287. 
 
 PLEDGEE. The party to whom goods 
 are pledged, or delivered in pledge. Story ' 
 on Bailm. § 287. 
 
 PLEE. L. Fr. In old English law. 
 An action or suit ; a plea, in the ancient 
 sense of the word. Parsonels plees pleda- 
 bles par attachments; personal actions 
 which may be prosecuted by attachments. 
 Britt. c. 32. En plees realx, et auxi en 
 plees personals ; in real actions, and also 
 in personal actions. Litt. sect. 464. 
 
 A plea, in the modern sense. Plee en 
 barre ; a plea in bar. Litt. sect. 492. 
 
 PLEGGAGE. L. Fr. Suretyship. Eel- 
 ham. See Plegiagium. 
 
 PLEGGE. L. Fr. A pledge. Plegges' 
 de suer ; pledges to prosecute. Bntt. c. 1. 
 Qaqe et pleqqe. Id. c. 27. 
 
 PLEGIABILIS. L. Lat. In old Eng- 
 lish law. That may be pledged ; the sub- 
 ject of pledge or security. Fleta, lib. 1, C. 
 20, § 98. 
 
 PLEGIAGIUM. L. Lat. In old Eng- 
 lish law. Suretyship. Fleta, lib. 2, c. 72, 
 
 § 15- 
 PLEGIUS, Pleggius. L. Lat. In old 
 
PLE 
 
 (305) 
 
 PLE 
 
 English practice. A pledge; a surety. 
 Mag. Cart. 9 Hen. III. c. 8. Pone per 
 vadium et salvos plegios ; put by gage and 
 safe pledges. Bract, fol. 149 b. See Id. 
 336. Per ■plegioa dimittere ; to release on 
 pledges or bail. Fleta, lib. 2, c. 52, § 40, 
 et seq. Plegii de proseguendo ; pledges to 
 prosecute. Id. lib. 2, c. 62, § 2. 
 
 PLEGIARE. L. Lat. In old practice. 
 To pledge ; to undertake ; to become re- 
 sponsible for. Si nihil aliud plegiaverint 
 nisi tantum habendi eum ; if they have 
 undertaken nothing more than merely to 
 have him. Bract, fol. 149 b. Quod ple- 
 giatum non habuerint, sicut eum plegiave- 
 runt ; that they had not the party pledged, 
 as they pledged him. Fleta, lib. 2, c. 65, 
 §15. 
 
 PLEIDEOm. O. Fr. In old Euro- 
 pean law. A pleader; an advocate. II 
 doit demander au seignor, a conseil, le meil- 
 lour pleideoir de la court ; he ought to ask 
 of the lord, for his counsel, the best pleader 
 in the court. Assizes de Jerus. c. ix. 
 
 PLEINE AGE. L. Fr. In old Eng- 
 lish law. Full age. lAtt. sect. 103. 
 
 PLEINEMENT, Pleinment. L. Fr. 
 Fully. Art. sup. Chart, a. \. Pleinement 
 administre; fully ■administered. Hob. 118 a. 
 
 PLENA JETAS. In old English law. 
 Full age. See Full age. Plence cetatis ; 
 of fall age. 
 
 PLENA PROBATIO. Lat. In the 
 civil law. Full proof; proof by two wit- 
 nesses or a public instrument. Hallifax, 
 Anal. b. 3, c. 9, num. 25. 
 
 PLENARIE. L. Lat. Fully. Fleta, 
 lib. 2, c. 64, § 19. 
 
 PLENARTY. [from Lat. plenus, full.] 
 In English law. Fulness ; a state of being 
 full. A term applied to a benefice when 
 full, or possessed by an incumbent. The 
 opposite state to a vacation, or vacancy. 
 Cowell. 
 
 PLENARY, [from joZswMS, full.] Full; 
 complete ; without abridgment. 
 
 PLENE ADMINISTRAVIT. L. Lat. 
 (He has fully administered.) In practice. 
 A plea by an executor or administrator, 
 that he has fully administered all the assets 
 that Lave come to his hands. 1 Tidd's 
 Pr. 644. 2 Arch. Pr. 147. Plene admin- 
 istraverunt ; they have fully administered. 
 10 East, 313. 
 
 PLENE ADMINISTRAVIT PRiE- 
 TER. Lat. (He has fully administered, 
 except.) In practice. A plea by an execu- 
 tor or administrator, that he has fuUy | 
 Vol. IL 20 
 
 administered all the assets that have come 
 to his hands, except assets to a certain 
 amount, which are not sufficient to satisfy 
 the plaintiff. 1 Tidd's Pr. 644. 2 Arch. 
 Pr. 147. 
 
 PLENIPOTENTIARY, [from Lat. ple- 
 nus, full, and potentia, power.] One who 
 has full power to do a thing; a person 
 fully commissioned to act for another. 
 A term applied, in international law, to 
 ministers and envoys of the second rank of 
 public ministers. Wheaiori's Intern. Law, 
 part 3, ch. 1, § 6. 
 
 PLENUM DOMINIUM. Lat In the 
 civil law. Full ownership; the property 
 in a thing united with the usufruct. Calv. 
 Lex. 
 
 PLENUM RECTUM. L. Lat. In old 
 English practice. Full right. Formal 
 words in old writs, particularly writs of 
 right. PrcBcipimus vobis quod sine dila- 
 tione plenum rectum teneatis ; we com- 
 mand you that, without delay, you do full 
 right. Beg. Grig. 1. Bract, fol. 328. 
 
 PLET, Pleit. L. Fr. A plea. Kel- 
 ham. An older form of plee, and proba- 
 bly derived from the Lat. placitum. 
 
 PLE VIA. L.Lat. In old English law. 
 Pledge ; security. Dimisit per pleviam ; 
 released on surety. 3 St. Trials, 121. 
 
 PLEVINA. L. Lat. In old English 
 practice. The engagement, undertaking 
 or liability of a pledge or surety. Plegii 
 quieti erunt de plevina, nisi gratis velint eos 
 sub eadem plevina retinere; the pledges 
 shall be quit of their engagement, unless 
 they voluntarily choose to keep them un- 
 der the same engagement. Bract, fol. 
 149 b. Dimissionibus per plevinam. Fleta, 
 lib. 1, c. 20; § 97. 
 
 PLEVINE. L. Fr. In old English 
 practice. Security by pledge ; the en- 
 gagement of a pledge. Si il cele plevine 
 refusa; if he refuse this security. Britt. 
 c. 27. Applied to the replevin of land. 
 Fet Assaver, §§ 24, 25. 
 
 PLEVYS. L. Fr. Pledged; under 
 pledge. Britt. c. 12. ' 
 
 PLEYN. L. Fr. [from Lat. plenus, 
 
 full.] In old English law. Full. Fn 
 
 pleyn coMri; in full court. Britt. c. 120 
 
 PLEYNDRE. L. Fr. To complain! 
 
 Kelham. 
 
 PLEYNTE. L. Fr. In old Engll.l, 
 
 law. A plamt or complaint. A celuy vers 
 
 que la pleynte est faite; to him against 
 
 whom the plaint is made. Britt. c 58 
 
 PLEYNTYFE. L. Fr. [fromp%wire, 
 
PLTJ 
 
 (306) 
 
 PLTJ 
 
 to complain.] In old English law. Plain- 
 tiff; a plaintiff; a complaining party. Nul 
 jugement ne se poit faire de meyns que de 
 in persones, cestasaver, de un juge, de un 
 pleyntyfe, et de un defendaunt ; no judg- 
 ment (or judicial action in a suit) can take 
 place with less than three persons, that is 
 to say, a judge, a plaintiff and a defend- 
 ant. Britt. c. 22. 
 
 This is the form of the word as it oc- 
 , curs throughout Britton. In the Year 
 Books it is commonly written pleintife. 
 In Littleton and the older reports in 
 French, it is written plaintife, which has 
 been converted into the modem word 
 plaintiff, by the mere change of a letter. 
 Liu. sect. 195. Dyer, 65, et passim. 
 Plaintife is used throughout the older edi- 
 tions of Coke's commentary on Littleton, 
 as an English word. Britton applies the 
 word to the complaining party in an ap- 
 peal and in a real action. Britt. c. 22, 75. 
 
 PLEYTO. Span, [from L. Lat. placi- 
 tum f\ In Spanish law. The pleadings in 
 a cause. White- s New Recop. b. 3, tit. 7. 
 
 PLIGHT. In old English law. An 
 estate, with the habit and quality of the 
 land ; extending to a rent charge and to a 
 possibility of dower. Go. Litt. 221 b. 
 Cowell. 
 
 PL'IT'M. A contraction of placitum. 
 PVito, oi placito. 1 Inst. CI. 11. 
 
 PLOMB, Flumb. L. Fr. [from Lat. 
 plumbum.^ In old English law. A leaden 
 vessel or pipe. Teark T. 9 Edw. III. 25. 
 
 PLOUGH-BOTE. [L. Lat. estoverium 
 arandi.^ An allowance of wood made to 
 a tenant, for repairing his ploughs and 
 other instruments of husbandry. 2 Bl. I 
 Con): 35. See Bote, Estovers. 
 
 PLOUGH-LAND. [L. Lat. carucata 
 terrce, q. v.] In old English law. A quan- 
 tity of land allotted for the work of one 
 plough ; {portio terrce quae ad unius aratri 
 opereim designatur.) Spelman, voc. Carua. 
 
 PLUMBATURA. Lat. [from plum- 
 liim, lead.] In the civil law. Soldering. 
 Dig. 6. 1. 23. 5. 
 
 iPLUMBUM. Lat. In the civil law. 
 Lead. Dig. 50. 16. 242. 2. 
 
 PLURAL. [Lat. pluralis, from plus, 
 pluris, more.] Containing more than one ; 
 consisting of two or more; designating 
 two or more. Webster. 
 
 Pluralis numerus est duobns contentns. 
 The plural number is contained in two. 
 1 Bol. R. 476. It is a rule of construc- 
 tion, that where a statute speaks of a thing 
 
 as a right, in the plural number, the singu- 
 lar is included. Co. Litt. 369 a. Kent, C. 
 20 Johns. R. 693, 727. 
 
 PLURALITER. L. Lat. In the plu- 
 ral. 10 East, 158, arg. 
 
 PLURIES. Lat. In practice. Often- 
 times ; many times ; frequently. The em- 
 phatic word of a clause inserted in the 
 Latin forms of writs which issued in the 
 third instance, after a first and second (or 
 alias) writ of the same kind had been 
 already issued without effect. Prcecipi- 
 mus tibi, (sicut plumes prceceperimus) 
 quod, &c. : We command you, (as we have 
 often times commanded you,) that, &c. 
 This clause has been literally translated, 
 with the rest of the form, in modern writs, 
 and the word pluries retained as the name 
 both of the clause an J the writ itself; the 
 writ being in such case termed a pluries 
 writ. 1 Tidd's Pr. 147. Bracton and 
 Fleta use the word scepius, which is iden- 
 tical in meaning : Proecipimus tibi sicut 
 s^pius prceceperimus, &c. Bract, fol. 
 441 b. Fleta, lib. 2, c. 67, § 4. In the 
 Register, the pluries clauses in writs are 
 brought in by way of recital, thus: Rex 
 vie. salutem. Cum pluries tibi prceceperi- 
 mus quod, &c. ; ' The king to the sheriff, 
 greeting: Whereas we have many times 
 commanded you, that, &c. Reg. Orig. 
 11 h, et passim. 
 
 PLURIS PETITIO. Lat. In Scotch 
 practice. A demand of more than is due. 
 BelVs Diet. 
 
 PLURISVE. Lat. In the civil law. 
 Or more. This expression was held to 
 import not an indefinite, but a small 
 amount. Dig. 50. 16. 192. 
 
 Plus peccat author quam actor. The origi- 
 nator or instigator of a crime is a worse 
 offender than the actual perpetrator of it. 
 5 Co. 99 a, Flower's case. Applied to the 
 crime of subornation of perjury. Id. 
 ibid. 
 
 Plus valet unos oculatns testis qnam 
 auriti decern. One eye-witness is of more 
 weight than ten ear-witnesses, (or those 
 who speak from hearsay.) 4 Inst. 279. 
 
 This maxim (or regula juris, as Lord 
 Coke terms it,) is merely a line from Plau- 
 tus, slightly varied : 
 
 Pluris est oculatus testis unus, qnam auriti decern ; 
 Qui iiudlunt audita dicunt: qui vident, plane seiunt. 
 
 TruculeTUtie, Aat ii. /S«n. ti. 
 
 (One eye-witness is worth more than ten 
 ear-witnesses; they who hear, say what 
 they hear ; they who see, know clearly.) 
 
P(E 
 
 ( 307 ) 
 
 POL 
 
 PLUS0R8. L. Fr. Many; several. 
 Kelkam. 
 
 PO. LO. SUO. An old abbreviation 
 of the words ponit loco suo, used in war- 
 rants of attorney. Towns. PI. 431. 1 
 
 TTlStV ClsT 1 2 
 
 POACHING. In English criminal law. 
 The unlawful entry upon land, for the pur- 
 pose of taking or destroying game; the 
 taking or destruction of game upon an- 
 other's land, usually committed at night. 
 Steph. Grim. Law, 119, et seq. 2 Steph. 
 Com. 82. 4 Id. 307. The term seems to 
 be rather a popular than a legal one. 
 
 POBLADOE. Span. In Spanish law. 
 A colonizer ; he who peoples ; the founder 
 of a colony. 11 Howard^s R. 624, arg. 
 
 POCKET RECORD. A statute so 
 called. Brownl. (part 2,) 81. 
 
 POCKET SHERIFF. In English law. 
 A sheriff appointed by the sole authority 
 of the crown, without the usual form of 
 nomination by the judges in the ex- 
 chequer. 1 Bl. Com. 342. 3 Steph. 
 Com. 23. 
 
 POER, Poeir, Poair. L. Fr. Power ; 
 authority. Tauntost finist le poer Vat- 
 tome ; so soon ends the power of the at- 
 torney. Britt. c. 46. 
 
 TOET, Poit, Puit, Pout. L. Fr. May; 
 can. iV^e poet; may not; cannot, jfce 
 seignior ne poet distieiner ; the lord may 
 not (cannot distrain.) Litt. sect. 151. 
 Home poit tener ; a man may hold. Id. 
 sect. 152. 11 poyt tener; he may hold. 
 Id. ibid. 
 
 PCENA. Lat. In the civil law. Pun- 
 ishment; a penalty. Inist. 4. 6. 18, 19. 
 Dig. 48. 19. 16. Id. SO. 16. 131. In 
 old English law, it seems to have had the 
 sense of damages. Actio in rem persequi- 
 tur rem ipsam, et poeuara propter injustam 
 detentionem ; an action for a thing claims 
 the thing itself, and damages for its 
 wrongful detention. Bract, fol. 108 b. 
 
 Pceiia ex delicto defuncti liiBres teneri non 
 debet. The heir ought not to be bound 
 by a penalty arising out of the wrongful 
 act of the deceased. 2 Inst. 198. 
 
 Pffina snos tcnere debet actores [auctores] 
 
 et non alios. Punishment ought to bind 
 its own authors [those who have caused 
 it,] and not others. Bract, fol. 380 b. 
 Fleta, lib. 1, c. 38, § 12. Id. lib. 4, c. 17, 
 
 § 17. Poina suos teneat auctores. Id. lib. i, 
 
 01 13, § 21. 
 
 ftuod a quoqno, ptEnse nomine, exactnm 
 est, id eidem restituere nemo cogitur. That 
 
 which is exacted from any one in the 
 name of a penalty, no one is compelled to 
 restore to him. I)ig. 50. 17. 46. 
 
 POENA CORPORALIS. Lat. In old 
 English law. Corporal punishment; Fleta, 
 lib. 2, c. 1, § 2. Poena pecuniaria> ;■ pecu- 
 niary punishment. Id. ibid. 
 
 PCENA PILLORALIS. L. Lat. In 
 old English law. Punishment of the pili- 
 lory. Fleta, lib. 1, c. 38, § 11. 
 
 PCENALIS. Lat. [from poena, q. v.] 
 In the civil law. Penal ; imposing a pen- 
 alty ; claiming or enforcing a penalty. 
 Actiones posnales ; actions for penalties; 
 penal actions. Inst. 4. 6. 12. 
 
 In poenalibns causis, benignius i'titerpre- 
 tandum est. In penal causes, a more libe- 
 ral interpretation should be made> Dig. 
 50 17 155 ri97 1 2 
 
 PCENITENTIA. "Lat. [from poenitere, 
 to repent.] In the civil law. Repent- 
 ance ; a change of mind or purpose ; the 
 rescinding of a contract. See Locus poe- 
 nitentice. 
 
 POI, Poy, Pou, Po. L. Fr. A little-. 
 Kelham. 
 
 POIND. See Poynd. 
 
 POINDING, Poynding. In Scotch 
 law. A taking of goods, &c., in execu- 
 tion, or by way of distress.* The dis- 
 training of one's moveable goods by autho- 
 rity of law, for his debts. 1 Forbes' Inst. 
 part 3, p. 32. — A species of diligence, 
 (i. e. process,) whereby the property of the 
 debtor's moveables is transferred to the 
 creditor. Brande. Real poinding takes 
 effect upon the debtor's moveables on the 
 lands to which the debt attaches; per- 
 sonal poinding, upon his moveables gen- 
 erally. Id. 
 
 POINE, Poigne. L. Fr. Hand; flst. 
 Kelham. LL. Gul. Conq. 1. 13. 
 
 POINT, Poynt, Pointe. L. Fr. An 
 article ; a point. Applied, in old law, to 
 writs and statutes. Points de nous brefs ; 
 the points of our writs. Britt. fol. 3. 
 Pur ceo que les points de la graund chartre 
 des franchis — ne out pas este tenus, &c. ; 
 forasmuch as the articles of the Great 
 Charter of liberties have not been ob- 
 served. Artie, sup. Chart, pr. See 
 Article. 
 
 POIS, Peys. L. Fr. Weight. Kel- 
 ham. See Peys. 
 
 POLCIER, Poc/jjer. L. Fr. The thumb 
 LL. Gul. Conq. 1. 13. 
 
 POLICE. Fr. Policy; a policy. Po- 
 lice d^assurance; a policy of insurance- 
 
POL 
 
 (308) 
 
 PON 
 
 the contract of insurance. Ord. Mar. liv. 
 3, tit. 6, art. 2. 
 
 POLICE DE CHARGEMENT. Fr. 
 In French law. A bill of lading. Ord. 
 Mar. liv. 3, tit. 2. 
 
 POLICY, [from Ital. polizza, a note or 
 memorandum in writing.] The written 
 form in which a contract of insurance is 
 expressed ; a written instrument expressive 
 of a contract of insurance, and by the ex- 
 ecution of which the insurance is effected ; 
 a contract of insurance formally expressed 
 in writing.* A mercantile instrument in 
 writing, by which one party, in considera- 
 tion of a premium, engages to indemnify 
 another against a contingent loss, by maMng 
 him a payment in compensation, whenever 
 the event shall happen by which the loss 
 is to accrue. 2 Sieph. Com. 172. See 3 
 Kent's Com. 251. 14 Howard's R. 362. 
 
 POLETAEITJS. L. Lat. In old Eng- 
 lish law. A poulterer. Fleta, lib. 2, c. 
 14, § 3. 
 
 POLETRIA. L. Lat. In old English 
 law. Poultry. Fleta, lib. 2, c. 87. 
 
 POLL. [Lat. caputi] A head ; an in- 
 dividual person. More commonly used in 
 the plural. Sse.PoZZs. 
 
 POLL. [L. Yv.polle.] Cut or shaved 
 smooth or even ; cut iii.a straight line, with- 
 out indentation. A terixi anciently applied 
 to a deed, and still used, though with little 
 of its former significance. 2 Bl. Com. 296. 
 See Deed poll. 
 
 To POLL. In practice. To single out, 
 one by one, of a number of persons. To 
 examine each juror separately, after a ver- 
 dict has been given, as to his concurrence 
 in the verdict. 1 Burr. Pr. 238. 
 
 POLLS. [Lat. capita, q. v.] Heads ; 
 individuals^ persons singly considered. A 
 challenge to the polls, [in capita,) is a chal- 
 lenge to the individual jurors composing 
 the panel, or an exception to one or more 
 particular jurors. 3 Bl. Com. 358, 361. 
 
 POLLARDS. A foreign coin of base 
 metal, prohibited by statute 27 Edw. I. c. 
 3, from being brought into the realm, on 
 pain of forfeiture of life and goods. 4 Bl. 
 Com. 98. It was computed at two pollards 
 for a sterling or penny. Dyer, 82 b. 
 
 A species of trees. Amhl. 134. 
 
 POLLICITATIO. Lat. [from pollici- 
 tare, to promise.] In the civil law. A 
 promise, without mutuality. Dig. 50. 12. 
 3. Orotius de Jur. Bel. lib. 2, c, 11, § 3. 
 
 POLL-MONEY. [Lat. capitatio.] A 
 tax ordained by act of parliament 18 Car. 
 
 2, c. 1, by which every subject in the king- 
 dom was assessed by the head or poll, ac- 
 cording to his degree. Cowell. A similar 
 personal tribute was more anciently termed 
 poll-silver. Id. 
 
 POLL-TAX. A tax levied by the head 
 or poll ; a capitation tax. Webster. A 
 tax laid, in some of the United States, up- 
 on all male inhabitants of the state between 
 certain ages. Rev. Stat, of Mass. (ed. 1836,) 
 c. 7, § 1. 
 
 POLYGAMIA. Grseco-Lat. [from Gr. 
 KiAh, many, and yo^os, marriage.] In old Eng- 
 lish law. Polygamy, (q. v.) Polygamia 
 est pluri%m simul virorum uxorumve con- 
 nnbium ; polygamy is the marriage of sev- 
 eral husbands or wives at the same time. 
 3 Inst. 88. 
 
 POLYGAMY, [from Gr. m'Sis, many, and 
 ydfiof, marriage.] In criminal law. Literally, 
 the marrying of many. The offence of 
 having several wives or husbands at the 
 same time ; or more than one wife or hus- 
 band at the same time. 3 Inst. 88. See 
 Polygamia. 
 
 Polygamy is enumerated among offences 
 by Lord Coke, but in modern law the term 
 has been dropped, and bigamy, a. term of 
 the canon law,' expressive of a different 
 and merely spiritual offence, has been sub- 
 stituted in its place. See Bigamy. 
 
 noATSHMA, noXwij^o. Gr. [from n-uXis, many, 
 and uTifLa, a sign.] Of many significations. 
 Grot, de Jur. Bell. lib. 2, c. 16, § 4. 
 
 POMARIUM. L. Lat. [from pomum, 
 an apple.] In old English law. An apple- 
 tree. Fleta, lib. 2, c. 82, § 2. 
 
 In old pleading. An orchard. Cro. 
 El. 854. 
 
 POND is defined by Callis, " a standing 
 ditch cast by labour of man's hand, in his 
 private grounds, for his private use, to serve 
 his house and household with necessary wa- 
 ters ; but a pool is a low plat of ground by 
 nature, and is not cast by man's hand." 
 Callis on Sewers, [82,] 103. 
 
 Fonderantnr testes, non uumeTantur. Wit- 
 nesses are weighed, not counted ; that is, 
 they are estimated by the weight or im- 
 portance of their testimony, and not by 
 their number. 1 Stark. Evid. 554. Mr. 
 Best suggests that testimonia or probationes 
 would be better than testes, as the rule 
 is clearly not confined to verbal evidence. 
 Best on Evid. 426, § 389. 
 
 PONDUS. Lat. In old English law. 
 Poundage ; literally, weight. A duty 
 anciently paid to the king, according to 
 
PON 
 
 (309) 
 
 PON 
 
 the weight and measure of merchants' 
 goods. Pat. 1 Hen. III. m. 10. Cowell. 
 
 PONDUS REGIS. Lat. In old Eng- 
 lish law. The king's weight ; the standard 
 weight appointed hy the king. Cowell. 
 1 £1. Com.. 276. 
 
 PONE. Lat. (Put.) In English prac- 
 tice. The name of a writ by which the 
 proceedings in an action in the county court 
 may be removed into one of the superior 
 courts. 3 5?. Com. 34, 36, 195. So called 
 from the initial word of the mandate of 
 the writ: Pone, ad petitionem petentis, 
 coram justiiiariis nostris, &c. loquelam qua 
 est in eomitatu tuo, &c. ; Put, at the re-, 
 quest of [the demandant,] before our jus- 
 tices, &c. the plaint which is in your 
 county court, &c. Becf. Orig. 6. 3 Bl. 
 Com. Appendix, No. i. sect. 3. 
 
 PONE. Lat. (Put.) In English prac- 
 tice. The name given to the writ of at- 
 tachment which formerly issued, on the 
 non-appearance of a defendant at the re- 
 turn of the original writ, to compel his ap- 
 pearance. 3 Bl. Com. 280. So called 
 from the initial word of the mandate of 
 the writ; Pone per vadium et salvos ple- 
 gios G. de E. quod sit coram, <fec. ; Put by 
 gage and safe pledges, G. of E. that he 
 be before, &o. Reg.'Jud. 1. 3 Bl. Com. 
 Appendix, No. iii. sect. 2. See Fleta, lib. 
 2, c. 65, § 12. This writ is still retained 
 in the action of replevin. 3 Steph. Com. 
 666. 
 
 PONERE. L. Lat. In old English law. 
 To put. A word of constant occurrence, 
 and very various signification. 
 
 To put upon ; to lay ; to impose or assess, 
 as an amercement or tax. Nulla prcedic- 
 tarum misericordiarum Tponaturnisi per sa- 
 cramentum proborum et legalium hominum, 
 &c. ; none of the aforesaid amercements 
 shall be assessed, unless by the oath of 
 good and lawful men, &c. Magna Charta, 
 c. 14. Nullum tallagium vel auxilium 
 ponatur seu levetur; no tallage or aid shall 
 be imposed or levied. Stat, de Tallagio 
 nan Concedendo, c. 1. 
 
 To put to ; to compel. Ponere ad legem; 
 to put to his law ; to compel to wage his 
 law. Fleta, lib. 2, c. 47, § 5. Id. c. 63, 
 § 10. Mag. Cart, cited ibid. 
 
 To put in, or introduce one's person ; to 
 enter. Se ponere in seysinam; to put 
 one's self into seisin or possession. Bract. 
 fol. 161. Quod possim me ponere in ter- 
 ram illam, et me tenere in terra ilia ; that 
 I may have the power to put myself into 
 
 that land, and hold myself in that land. 
 Id. fol. 19 b. Se ponere in rem locatam; 
 to put himself into the thing let. Fleta, 
 lib. 2, c. 59, § 3. 
 
 To put upon ; to rest upon or submit to, 
 as a defendant did upon a jury. Ponit se 
 super patriam ; he puts himself upon the 
 country, ^mcf. fol. 137 b. Ponit se sm- 
 per linguas vestras ; puts himself upon your 
 tongues ; rests his fate upon your words. 
 Id. fol. 143 b. M inde ponat se super ju- 
 rdtam ; and thereof he should put himself 
 upon the jury.. Id. fol. 192 b. Said of 
 the plaintiff. Id. ibid. Ponit se inde in Deo et 
 magna assisa ; put himself thereof on God 
 and on the grand assise. Fleta, lib. 5, c. 39, 
 
 To put under; to place under liability; 
 as to_put under pledge, or " by" pledge, in 
 the ancient phrase. Pone per vadium et 
 salvos plegios ; put by gage and safe 
 pledges. See Pone. Ponere per ballium; 
 to put by bail. Hot. CI. 1 Edw. I m. 1. 
 
 To put or place, in the sense of removal, 
 as from one court to another. Pone coram 
 justitiariis, &c. loquelam, &c. ; put before 
 the justices, &c. the plaint, &c. ; that is, 
 remove it. See Pone. 
 
 To put upon ; to place among ; to record 
 one's name with others as a juror. De 
 non ponendis in a^ssisis ; for not putting on 
 assises. The titles of several old writs. 
 Reg. Orig. 179. F. N. B. 165. 
 
 To put in ; to put in the place ; to substi- 
 tute. Ponit loco suo ; puts in his place. 
 
 To 'put ; to set or let. Ad firmam po- 
 nere ; to put or let to farm. 
 
 To put or set to ; to affix, as a seal to an 
 exception. See Apponere. 
 
 To put, fix or assign ; to give or assign 
 a day. Tunc ponant ei diem a die visus 
 sui ; then shall they assign him a day from 
 the day of viewing him. Bract, fol. 352 b. 
 Fleta, lib. 6, c. 10, § 17. 
 
 To put off, or postpone. Ponere in re- 
 spectum ; to put in respite. Mem. in Scace. 
 H. 22 Edw. I. Jurata ponitur in respec- 
 tum ; the jury is put in respite. Towns. 
 PI. 429. Ponatur judicium usque ad baiv- 
 cum ; the judgment shall be put off to the 
 bench. Fleta, lib. 4, c. 9, § 4. 
 
 PONTAGE. [L. Lat. pontagium, from 
 pons, a bridge.] In old English law. A 
 tax or contribution towards the mainte- 
 nance or repair of bridges. Stat. Westm 
 2, c. 25. Fleta, lib. 4, c. 1, § 16. 
 
 A toll for passing a bridge. Cowell. 
 Spelman. 
 
POR 
 
 (310) 
 
 POR 
 
 POOL. [Lat. staffnum.] A standing 
 ■watei', without any current or issue. Cal- 
 Us on Sewers, [82,] 102. See Pond. 
 
 POPULAR ACTION. An action for 
 a statutory penalty or forfeiture, given to 
 any .such person or persons as will sue for 
 it ; an action given to the people in general 
 3 Bl. Com. 160. See Actio popularis. 
 
 POPULISGITUM. L. Lat. In Roman 
 law. An enactment, law or ordinance 
 made by the populus, or whole Roman 
 people ; an ordinance made by the comitia 
 centuriata. Adam's Bom. Ant. 193. The 
 proper technical term, however, was lex. 
 Inst. 1. 2. 4. Taylor's Civ. Law, 111, 
 118. 
 
 POPULUS. Lat. In the Roman law. 
 The people ; the whole body of the citizens, 
 including, with the plebs ■ or commonalty, 
 the patricians and senators ; (appellatione 
 populi universi cives significanlur, connu- 
 meratis etiam patriciis et senatoribus.) Inst. 
 1. 2. 4. 
 
 POR. L. Fr. For. An old form of 
 pour. For ce ; for this ; therefore. Kel- 
 ham. For quei ; wherefore. Id. 
 
 PORT, [from Lat. portus, q. v.] A 
 place for the importation, (bringing in,) 
 and exportation, (carrying out,) of goods 
 and merchandise. This seems to be the 
 radical sense of the word. See Portus. 2 
 Inst. 148. 
 
 A place for the lading and unlading of 
 the cargoes of vessels, and the collection 
 of duties or customs upon imports and ex- 
 ports. A place, either on the sea-coast, or 
 on a river, where ships stop for the pur- 
 pose of loading and unloading, from whence 
 they depart, and where they finish their 
 voyages. Curia Philippica, p. 456, n. 35, 
 cited in 7 Martin's (La.) ^. 81, N. S. These 
 are the ordinary senses of the word in 
 modern law. See cases of particular con- 
 struction, 1 Phillips on Ins. 461, et seq. 
 
 A shelter or safe station for vessels ; a 
 haven ; a harbour. See Harbour. 
 
 *^*Port and AarSoMJ- are frequently used 
 in law as synonymous terms, a quality de- 
 rived from the Lat. portus, which undoubt- 
 edly expressed the ideas of both. In strict- 
 ness, however, a clear distinction exists 
 between them ; harbour properly denoting 
 the geographical or natural position of a 
 place ; port, its civil or artificial character. 
 A harbour is provided by nature for the 
 accommodation or shellier oi vessels ; a, port 
 is established by law for the reception of 
 cargoes. Harbour physically includes port, I 
 
 as the more general term; and ports in 
 fact are almost invariably located in har- 
 bours. See 9 Metcalfs B. 311, 378. 
 Hubbard, J. Every port may, therefore, 
 be called a harbour, but every harbour is 
 clearly not a port. A port, according to 
 Lord Hale, is a haven and somewhat more. 
 It is " quid aggregatum, consisting of some- 
 what that is natural, viz. an access of the 
 sea, whereby ships may conveniently come ; 
 safe situation against winds, where they 
 may safely lie, and a good shore where 
 they may well unlade ; somewhat that is 
 artificial, as keys and wharves, and cranes 
 and warehouses, and houses of common 
 receipt ; and something that is civil, viz. 
 privileges and franchises, viz.^M* applicandi, 
 [the right of mooring,] jv^ mercati, [the 
 right of market,] and divers other addita- 
 ments given to it by civil authority." Hale, 
 De Portubus Maris, pars 2, c. 2. See 15 
 East, 295. 
 
 PORT. Fr. In French maritime law. 
 Burthen (of a vessel.) Ord. Mar. liv. 1, 
 tit. 10, art. 3. 
 
 Size and capacity. Id. liv. 1, tit. 14, 
 art. 2. 
 
 PORTARE. L. Lat. In old English 
 practice. To, bear ; to bring. Portare 
 assisam ; to bring an assise. Bract, fol. 
 177. The term "bring" is used in modern 
 practice, in the same figurative sense. " To 
 bring an action" is an ^very day phrase. 
 
 PORTARL Lat. In the civil law. To 
 be carried. Distinguished from /ern. Dig. 
 50. 16. 235. 
 
 PORTATICA. L.Lat. In old English 
 law. Port-duties. Hale de Jur. Mar. 
 pars 2, (de port, mar.) c. 6. 
 
 PORTENTA IN LEGE. Lat. Mons- 
 trosities in law ; unheard of positions. 
 Bacon's Arg. Low's case of Tenures, Works, 
 iv. 239. 
 
 PORTEOUS, Portuous, Portuis. 0. 
 Sc. [from portando, carrying.] In old 
 Scotch practice. A roll or catalogue con- 
 taining the names of indicted persons, de- 
 livered by the justice-clerk to the coroner, 
 to be attached and arrested by him. Other- 
 wise called the Porteous Boll. Bell's Diet. 
 Skene de Verb. Signif. A roll under this 
 name is still regularly made up for each 
 circuit. 1 Pitc. Cr. Trials, part 2, p. 34, 
 note. 
 
 Porteous, portuass, porthouse or portase, 
 generally 'denoted a breviary or mass-book, 
 from its being portable. Id. ibid. 
 
 PORTER. L. Fr. [from Lat. portare. 
 
POR 
 
 (311) 
 
 POS 
 
 q. T.] To bear. Porter record ; to bear 
 record. Britt. fol. 2 b. En courte que 
 porte record ; in a court which bears re- 
 cord; in a court of record. Id. c. 47. 
 Porter foy ; to bear faith. An expression 
 in the old oath of fealty. Britt. c. 29. 
 Reg. Orig. 303. Porter date; to bear 
 date. 1 And. 3. Portant date. Dyer, 
 93 b. 
 
 To bring. Port action; brought action, 
 1 And. 3. Hn dett port. Id. 4. TJnefeme 
 porta ft^'te/is rfe dower ; a woman brought a 
 writ of dower. FearS. T. 1 Edw. III. 1. 
 
 Porter and portare were usually applied 
 to writs, and arrainer and arrainare to 
 
 flSSlSGS 
 
 PORTGREVE, Portreeve. [L. Lat. 
 portgrefius, portgrevius ; from Sax. ^or<- 
 gerefa, from ^ori, and gerefa, a reeve, bailiff 
 or presiding officer.] In old English law. 
 The chief oflBcer of a port. Spelman. 
 
 The chief officer of a town or city, e»pe- 
 cially a sea-port town. The chief magis- 
 trate of London (now mayor) was called 
 porigreve in the time of William the Con- 
 queror. Spelman. Cowell. See Mayor. 
 
 PORTIONER. In Scotch law. The 
 proprietor of a small feu or portion of land. 
 Bell's Diet. 
 
 PORTORIUM. L. Lat. [from porta, a 
 gate.] In old European law. A tax or 
 toll levied at the gates of cities, for the 
 reparation of roads. Spelman. 
 
 A tax levied at ports ; a port duty ; 
 Loccen. de Jur. Mar. lib. 1, c. 8, seet. 6. 
 
 PORTMOTE. Sax. [from port, and 
 gemote, a meeting.] In old English law. 
 A court held in ports or haven towns, and 
 sometimes in inland towns also. Cowell. 
 Blount. 
 
 PORTUFORIUM. L. Lat. In Scotch 
 practice. Porteous ; the porteous or por- 
 teous roll, (q. v.) 1 Pitc. Crim. Trials, 
 part 2, p. 34, note. 
 
 PORTUS. Lat. [from ^ortere, to carry.] 
 In the civil law. An enclosed place where 
 merchandises are brought in, or imported, 
 and whence they are carried out, or ex- 
 ported; {conclusus locus quo importaniur 
 merces, et inde exportantur.) Dig. 50. 
 16. 59. 
 
 An enclosed and protected station [for 
 vessels?] (statit conchisa atque munita.) 
 Id. ibid. Loccen. de Jur. Mar. lib. 1, c. 
 8, seet. 1. 
 
 *:/,* The very brief terms in which these 
 definitions are expressed, hardly serve to 
 convey an adequate idea of the meaning of 
 
 the word. Partus is said to have originally 
 denoted a ware-house, built with particular 
 reference to safety against fire and robbery, 
 (domus mercium reponendarum causA ita 
 exstructa, ut ah incendiis furtisque tutior 
 securiorque esset,) and standing at a dis- 
 tance from other buildings, (sejuncta ac 
 munita a cceteris coniiguis cedifidis;) called 
 insula^ from the latter circumstance, and 
 called partus, from portare, to carry, with 
 reference to the carrying in, (importando,) 
 and earrying out (exportando,) of the goods 
 from it. Calv. Lex. Hence the term was 
 afterwards used metaphorically, to denote a 
 safe station for vessels and their cargoes. 
 Id. ibid. Portus, however, clearly occurs 
 in the sense of a natural harbour or haven, 
 in early Roman writers. 
 Est in secessu loDgo locus: insula ^or/um , 
 
 Efficit objectu laterum: quibus omnis abalto 
 Frangitiir, inque sinus seindit seee undarcduetos. 
 
 Virg. jSneid. i. 159. 
 Far in a deep recess, an island's sides 
 A harbor form against the advancing tides: 
 Here every sea-wave breaks, and in smooth bays 
 divides. 
 
 POSER. L. Fr. To put; to set at; 
 to put a question. Kelham. Etjeopose; 
 and I put. Yearb. H. 8 Hen. VL 7. 
 
 POSITIVE LAW. Law specifically 
 ordained and adopted for the government 
 of society, as distinguished from natural 
 law.* The sum of those principles which 
 are acinowledged in a state as principles of 
 law, and consequently have authority as 
 such. 1 Mackeld. Civ. Law, 2, 8 3. 
 
 POSITIVI JURIS. L. Lat. Of posi- 
 tive law. " That was a rule positivi juris ; 
 I do not mean to say an unjust one." Lord 
 EUenborough, 12 Ea^t, 639. 
 
 POSITO. L.Lat. Put; suppose. Coke, 
 arg. 2 Leon. 176. Eeilw. 68. 
 
 Fosito uno opposltornm, negatur alterum. 
 One of two opposite positions being af- 
 firmed, the other is denied. 3 Pol. P. 
 422. 
 
 POSSE. Lat. To be able; to be pos- 
 sible. 
 
 Possibility. A thing is said to be in 
 posse, when it may possibly be; in esse, 
 when it actually is. Cowell. Wharton's 
 Lex. 
 
 Ability; powar. Pro posse suo ; to 
 the extent of his power. Bract, fol. 19 b. 
 
 A force ; a number of persons summoned 
 to assist a sheriff in the execution of pro- 
 cess. See Posse comitatus. 
 
 POSSE COMITATUS. L. Lat. The 
 power or force of the county. The entire 
 
POS 
 
 (312) 
 
 POS 
 
 population of a county above the age of 
 fifteen, wMcli a sheriff may summon to his 
 assistance in certain cases ; as to aid him in 
 keeping the peace, in pursuing and arrest- 
 ing felons, &c. 1 Bl. Com. 343. The 
 most common instances of the use of this 
 power in England,^ave been in cases where 
 a possession has been kept upon a forcible 
 entry, or any force or rescue used contrary 
 to the command of the king's writ, or in 
 opposition to the execution of justice. 
 Cowell. Stat. Westm. 2, c. 39. Assumpto 
 secum posse comitatus sui in propria per- 
 sona fac' executionem prcecepti regis ; having 
 taken with him the power of his county, 
 shall in proper person make execution of 
 the king's precept. Fleta, lib. 2, c. 68, 
 §2. 
 
 This power is impliedly given by the 
 Constitution of the United States. Federal- 
 ist, No. 29. 
 
 The term posse hallivim, (power of the 
 bailiwick) occurs in the old books. Fleta, 
 lib. 2, c. 47, § 1. 1 
 
 POSSESSIO. Lat. [from possidere, to 
 possess.] In the civil law. That condition 
 of fact under which one can exercise his 
 power over a corporeal thing at his pleasure, 
 to the exclusion of all others. This con- 
 dition of fact is called detention, and it 
 forms the substance of possession in all its 
 varieties. 1 Mackeld. Civ. Law, 234, 
 § 229. 
 
 This definition is not approved by the 
 learned editor of Mackeldey, who, in an 
 elaborate note on the passage, gives his 
 reasons for dissenting from it. It appears, 
 however, to be more simply and intelligibly 
 expressed than most of the civil law defini- 
 tions of the word, which, in attempting to 
 give the abstract essence of possession, are 
 often involved in metaphysical subtleties, 
 tending rather to obscure than to illustrate. 
 
 *^* The old civilians, (Paulus in the 
 Digests, quoting Labeo,) derived possessio 
 from pedibus, (the feet,) making it to be a 
 sort of position, or putting down, (quasi 
 posiiio,) and assigning as the reason, quia 
 naturaliter tenetur ab eo qui ei insistit, (be- 
 cause possession of a thing is naturally held 
 by him who stands upon it.) Dig. 41. 2. 
 1 , pr. Hence the word was commonly ana- 
 lyzed pedum positio, a placing of the feet. 
 The etymology was adopted, with the word 
 itself, by Bracton, and from its ' peculiar 
 adaptation to the old English idea of the 
 ieisin of land, took deep root in the termi- 
 nology of that branch of the law. 3 Co. 
 
 42 a, RatcUff^s case. Through this chan- 
 nel it has found its way even into American 
 law, and the phrase pedis positio (or pedis 
 possessio) is frequently used in our reports 
 to denote an actual corporeal possession, 
 or a mere naked possession without right. 
 The derivation, however, is no doubt radi- 
 cally incorrect, the true component elements 
 of possessio, (or rather the verb possidere, 
 from which it has been formed,) being po- 
 nere sedem, . to place or fix the seat or 
 abode, though even this is more significant 
 in its application to real than to personal 
 property. According to some, this was, in 
 fact, the etymology given by the Eoman 
 jurists themselves, already named, pedibus 
 being considered as a corrupt reading of 
 sedibus. See 1 Mackeld. Civ. Law, 237, 
 § 229, note. The Lyons ed. of the Corpus 
 Juris, A. D. 1627, has sedibus, and the 
 same reading is adopted in the Kriegel 
 editions now in use. But this supposition 
 weakens the force of insistit, (stenrfsupon,) 
 in the explanation given in the Digests, 
 besides being inconsistent with the uniform 
 current of pedis positio, and pedum positio, 
 through the old English books. 
 
 POSSESSIO. Lat. In old English law. 
 Possession; seisin. The detention of a 
 corporeal thing by means of a physical 
 act and mental intent, aided by some sup- 
 port of right; {corporalis rei deientio, i. 
 corporis et animi, cum juris adminiculo con- 
 currente.) Bract, fol. 38 b. See Fleta, 
 lib. 3, c. 15, § 1. 
 
 *;jt* Bracton treats possessio and seisina 
 as synonymous, and considers possession 
 under a multitude of subdivisions ; as civil, 
 (civilis) which was retained only by inten- 
 tion (animo;) natural, [naturalis,) which was 
 held only by the physical act, (corpore ;) 
 rightful, (justa,) and wrongful, (injusta ;) 
 true, (vera,) and imaginary or fictitious, 
 (imaginaria ;) naked, {nuda,) where a per- 
 son had no right in the thing nor any spark 
 of right, but only a bare placing of the feet, 
 [tantum nudam pedum positionem ;) that 
 is, a mere foothold or standing ; clothed, 
 (vestiia,) as with right, title or prescription ; 
 with many others. There was also one 
 kind which consisted of some degree of 
 possession but no right, (aliquid possessionis 
 sed nihil juris) as the possession of a guar- 
 dian or creditor ; another kind which con- 
 sisted of a good deal of possession and a 
 little right, (multum possessionis et parum 
 juris,) as the possession of an ancestor who 
 died seised, another having the mere right ; 
 
POS 
 
 (313) 
 
 POS 
 
 another kind which consisted of a great 
 deal of possession and some right, (pluri- 
 mum possessionis et aliquid juris,) as where 
 one held land for a term by the grant of a 
 person who demised it to him, but did not 
 die seised ; and a fourth kind, consisting of 
 much possession and much right, {multum 
 possessionis et multum juris^ as where one 
 had the mere right iti a thing, and the pro- 
 perty of the fee, and the freehold with 
 seisin, but of which he did not die seised. 
 Bract, fol. 39. 
 
 POSSESSIO BONORUM. Lat. In 
 the civil law. The possession of goods. 
 More commonly termed honorum possessio, 
 
 (q- V.) 
 
 POSSESSIO FRATKIS. Lat. In the 
 law of descent. Possession of a brother ; 
 an elliptical expression, signifying, in its 
 full meaning, the kind of possession by a 
 brother which would make his sister of the 
 whole blood his heir, in preference to a 
 brother of the half blood. See the maxim 
 infra. Hence it is used in the books to 
 denote the doctrine of the exclusion of the 
 half blood from the succession to estates ; 
 a doctrine which, in England, has recently 
 been abolished by statute 3 <fe 4 Will. IV. 
 c. 106. 1 Steph. Com. 385—391. See 
 Broom^s Max. 233 — 235, [404.] And see, as 
 to American law, 4 Kents Com. 386 — 389. 
 
 Fosse&sio fratris de feodo simplici facit so- 
 rorem esse haeredem. The brother's posses- 
 sien of an estate in fee simple, makes the 
 sister to be heir. Litt. sect. 8. Go. Litt. 
 16 b. 3 Co. 41 b, HatcUff's case. The 
 possession of a brother makes his sister of 
 the whole blood his heir, in preference to 
 a brother of the half blood. See Broom's 
 Max. 233, [404.] This was a rule in the 
 English law of descent down to a late pe- 
 riod, and is best illustrated by the example 
 given by Blackstone. If a man had two 
 sons, A. and B. by different venters or 
 wives, these two brethren were not bre- 
 thren of the whole blood, and, therefore, 
 according to a leading canon of descent, 
 should never inherit to each other, but 
 the estate should rather escheat to the 
 lord. Nay, even if the father died, and 
 his lands descended to his eldest son A. 
 who entered thereon, and died seised with- 
 out issue; still B. should not be heir to 
 this estate,, because he was only of the half 
 blood to A. the person last seised, but it 
 should descend to a sister, (if any,) of the 
 whole blood to A. 2 Bl. Com. 227. See 
 Possessio fratris. 
 
 POSSESSION, [from Lat. possessio, 
 from possidere, to possess ; from ponere, to 
 put, and sedes, seat.] The state of having 
 a corporeal thing in one's hands or power, 
 or under one's control ; or, in the words of 
 the civil law definition, — that condition of 
 fact under which one can exercise his pow- 
 er over a corporeal thing at his pleasure, 
 to the exclusion of all others. See Pos- 
 sessio. 
 
 Possession expresses the closest relation 
 of fact that can exist between a corpo- 
 real thing and the person who possesses it, 
 implying either (according to its strict ety- 
 mology,) an actual physical contact, as by 
 sitting (or, as some would have it, standing) 
 upon a thing; or the power to bring into 
 such contact at pleasure. Thus, the pos- 
 sessor of land is, strictly, one who has ac- 
 tually taken up his residence {guiposuit 
 sedem) upon it ; the possessor of a chattel, 
 one who either has it upon, or near his 
 person, or within his reach. 
 
 Possession is generally considered in the 
 common law under two leading aspects, 
 viz, : as united with right, and as held with- 
 out reference to, or in (position to right ; 
 a simple division, which clears the subject 
 of much of the subtlety and intricacy 
 which mark the civilians' mode of treating 
 it. See Possessio. 
 
 The elements of the word possession 
 (ponere sedem) would seem to indicate that 
 the term was originally applied chiefly to 
 landed property ; and the derivation, po- 
 nere pedem, expresses this idea yet more 
 strongly. See Possessio. In the common 
 law, however, possession has always been 
 confined in its application to goods or chat- 
 tels, seisin being the term invariably used 
 to denote the possession of a freehold es- 
 tate. See Seisin. 
 
 Possession is used in some of the books, 
 in the sense of property. " A possession 
 is an hereditament or chattel." Pinch's 
 Law, b. 2, ch. 3. 
 
 POSSESSION MONEY. In English 
 practice. An allowance made to the 
 person whom a sheriff puts in possession 
 of goods taken under a writ of fieri facii s, 
 Holthouse. 
 
 POSSESSOR. Lat. and Eng. One 
 who possesses; one who has possession. 
 See Possessio, Possession. 
 
 POSSESSORIITS. L. Lat. [from pos- 
 sessor, q. v.] In old English law. Posses- 
 sory, In jure possessorio. Fleta, lib. 6, 
 c. 1, § 9. 
 
POS 
 
 (314) 
 
 POS 
 
 POSSESSORY. Relating to possession ; 
 founded on possession; contemplating or 
 claiming possession. See infra. 
 
 POSSESSORY ACTION. In practice. 
 An action claiming possession, or the right 
 of possession ; an action brought to re- 
 cover possession. The old writs of entry 
 and assise were actions merely possessory, 
 serving only to regain the possession of 
 lands, but deciding nothing with respect to 
 the right of property. 3 £1. Com. 180. 
 
 In admiralty practice, a possessory suit 
 is one which is brought to recover the pos- 
 session of a vessel, had under a claim of 
 title. 5 MasorHs B. 4:65. 1 Kents Com. 
 371. 
 
 An action founded on possession. Tres- 
 pass for injuries to personal property is 
 called a possessory action, because it lies 
 only for a plaintiff who, at the moment of 
 the injury complained of, was in actual or 
 constructive mimediate and exclusive pos- 
 session. 1 Chitt. PI. 168, 169. 
 
 POSSESSORY JUDGMENT. In Scotch 
 practice. A judgment which entitles a 
 person who has uninterruptedly been in 
 possession for seven years, to continue his 
 possession until the question of right be 
 decided in due course of law. BelVs Diet. 
 
 POSSIBILITAS. Lat. In old English 
 law. Possibility ; a possibility. Possibi- 
 lilas post dissolutionem executionis nun- 
 quam reviviscatur ; a possibility will never 
 be revived after the dissolution of its exe- 
 cution. 1 Rol. R. 321. After a possibili- 
 ty has become executed, it will not be re- 
 vived by a dissolution of the estate, as by 
 a divorce after intermarriage. Post execu- 
 tionem states, lex nan paiitur possibilitatem ; 
 after the execution of an estate, the law 
 does not suffer a possibility. 3 Bulstr. 108. 
 
 POSSIBILITY. An uncertain event; 
 a contingency which may or may not hap- 
 pen. An estate founded on such contin- 
 gency. Of this there are various kinds. 
 
 A hare possibility is one that is not 
 coupled with an interest ; as that a son 
 may inherit to his father who is living. 
 This is not considered as an estate in law. 
 1 Steph. Com. 216. 4 Kents Com. 262. 
 13 WendelVs £.118. 1 Hilliard's Real 
 Prop. 76. 
 
 A possibility coupled with an interest, is 
 where the person, who is to take an estate 
 upon the happening of a contingency, is 
 ascertained and fixed. Id. ibid. 4 Kents 
 Com. 261, 262. 
 
 A near or common possibility is such as 
 
 death, or death without issue, or coverture. 
 4 Kents Com. 206. 
 
 A remote possibility is such as a remain- 
 der to the heirs of a person not in being.* 
 Id. ibid. 
 
 POSSIDERE. Lat. [from pmere, to 
 place, and sedes, seat.] To possess. A 
 distinction was made in the civil law, and 
 adopted by Bracton, between possidere, (to 
 possess,) and esse in possessione, (to be in 
 possession.) Aliud est ppssidere, longe aliud 
 in possessione esse. Diij. 41. 2. 10. 1. 
 Longe aliud est possidere quam esse in pos- 
 sessione. Bract, fol. 167 b. Thus, a guar- 
 dian, holding in demesne though not in fee, 
 was said to be in possession, though he did 
 not possess. The same language was ap- 
 plied to a bailiff, (procurator,). a, domestic, 
 {servus proprius,) a fermor or lessee, {fir- 
 marius,) and a tenant at will from day to 
 day, and from year to year. Id. ibid. See 
 Fleta, lib. 4, c. 3, § 1. 
 
 POSSUMUS. Lat. [from possum, posse, 
 to be able.] We can ; we can or may do. 
 Id possumns quod de jure possnmus. We 
 can, do that which we can do by law. 
 Zane, 116. When we speak of what we 
 can do, we mean what we can do lawfully. 
 Mere physical ability to do an act is not 
 regarded in law. 
 
 POST. L. Lat. In old practice. The 
 name given to a species of writ of entry. 
 See Entry in the post. 
 
 POST. Lat. After; afterwards. See 
 infra. 
 
 POST- ACT. An after-act ; an act done 
 afterwards. See Postfactum. 
 
 POST CONQUESTUM. L. Lat. After 
 the Conquest. Bract, fol. 7. Words first 
 used in the titles of the kings of England 
 by Edw. III. A. D. 1328, in order to dis- 
 tinguish the Edwards after the Conquest 
 from those before it. Cowell. Blount. 
 
 POST DIEM. Lat. In pleading. After 
 the day. See Solvit post diem. 
 
 In old practice. The return of a writ 
 after the day assigned. Cowell. A fee 
 paid in such a case. Id. 
 
 POST-DISSEISIN. [L.Lat. postdissei- 
 sina.] In old English practice, A dis- 
 seisin committed, after a recovery of seisin 
 of the same land, and by the same person 
 against whom the recovery was had. See 
 De post disseisina. 
 
 POST-FACTUM, or POSTFACTUM. 
 Lat. An after-act ; an act done afterwards ; 
 a post-act. 
 
 Post, in this compound word, is an ad- 
 
POS 
 
 (315) 
 
 POS 
 
 verb, having the full sense of afterwards ; 
 the word itself being the correlative of ante- 
 factum, a fore-act, or previous act. Utrum 
 ne in post-facta — an etiam in ante-facta. 
 A. Oell. Noct. Ait. lib. xvii. c. 1. In the 
 derived phrase ex post/ado, however, post 
 has generally been treated by those who 
 have attempted to translate it, not only as 
 a distinct word, but as a preposition govern- 
 ing facto, in violation of one of the simplest 
 rules of grammar. See -Er postfacto. 
 
 POST FINE. In old conveyancing. A 
 •fine or sum of money, (otherwise called 
 the king's silver^ formerly due on granting 
 the licentia concordandi, or leave to agree, 
 in levying a fine of lands. It amounted to 
 three-twentieths of the supposed annual 
 value of the land, or ten shillings for every 
 five marks of land. 2 £1. Com. 350. 
 
 POST LITEM MOTAM. L. Lat. After 
 suit moved, or commenced. Depositions 
 in relation to the subject of a suit, made 
 after litigation has commenced, are some- 
 times so termed. 1 Stark. Evid. 819. 
 
 After dispute moved ; after controversy 
 stirred or begun ; after dispute has arisen. 
 In questions of pedigree, it is a rule that 
 declarations made post litem motam, are 
 not admissible in evidence ; that is, decla- 
 rations made after a dispute has arisen, 
 out of which a suit has grown, will be ex- 
 cluded. JHubback's Evid. of Succession, 
 660. Berkley Peerage case, 4 Camp. 401. 
 The line of distinction in such cases is the 
 origin of the controversy, and not the 'com- 
 mencement of the suit. Mansfield, C. J. 
 Id. 417. 
 
 POSTMAN. In English practice. The 
 senior barrister attending constantly at the 
 bar of the Court of Exchequer, who had 
 the privilege of moving there Isefore the 
 king's Attorney and Solicitor-General and 
 all his majesty's counsel. Bunh. pref. note. 
 
 Bunbury, the reporter, had been many 
 years ^oitoan at the Exchequer bar. Id. 
 pref. 
 
 POST MORTEM. Lat. After death. 
 A name given to inquisitions anciently 
 taken after the death of tenants in capite. 
 HuhbacFs Evid. of Succession, 584. Now 
 commonly applied to examinations of a 
 dead body by a coroner. 
 
 POST-NATUS, (or POSTNATUS.) 
 Lat. After-born. A second son was so 
 called in old English law, as distinguished 
 from the eldest. Est consuetudo in qui- 
 busdam partibus, quod postnatus pi-cefertur 
 primogenito et e contrario ; it is a custom 
 
 in some parts, that an after-born son is 
 preferred to the first-born, and e contra. 
 Bract, fol. 1Q. See Id. fbl. 33. Fleta, 
 fib. 3, c. 9, § 9. 
 
 Born after a particular period or event. 
 Postnati (after-born persons) is used in 
 the books, as the correlative of antenati, 
 to denote the subjects of Scotland born 
 after the union of the crowns, and Ameri- 
 cans and British subjects born in the Uni- 
 ted States after the declaration of inde- 
 pendence. 7 Co. 1, Calvin's case. 2 Rents 
 Com. 56 — 59. Lord BacorHs Argument, 
 Case of the Postnati of Scotland, Works, 
 iv. 319, 334, 344. 
 
 POST NOTE. In mercantile law. A 
 note payable at a future day, as distin- 
 guished from a note payable on demand. 
 A note made and issued by a bank or 
 banking association, payable at a future 
 day, and designed as a part of its circula- 
 ting medium. 22 Penn. ^t. B. 479. In 
 New-York, notes of this kind are declared 
 illegal. 3 Denio^s JR. 70. 3 Barbour's R. 
 226. See 3 Comstock's B. 21. 
 
 POST OBIT BOND. [Lat. post obi- 
 tum, after death.] A bond given by an 
 expectant, to become due on the death of 
 a person from whom he will have pro- 
 perty. Wharton's Lex. — A bond or agree- 
 ment given by a borrower of money, by 
 which he undertakes to pay a larger sum, 
 exceeding the legal rate of interest, on or 
 after the death of a person from whom he 
 has expectations, in case of surviving him. 
 Chesterfield v. Janssen, 2 Vesey, 125. 1 
 White's Equity Cases, 344. 1 Story's 
 Eq. Jur. § 342. These contracts are dis- 
 couraged by the courts, who hold a strict 
 hand over them. 
 
 POST PROLEM SUSCITATAM. L. 
 Lat. After issue bom, (raised.) Co. Lilt. 
 19 b. 
 
 POST TERMINUM. L. Lat. (After 
 term, or post-term.) The return of a writ, 
 not only after the day assigned for its re- 
 turn, but after the term also, for which a 
 fee was due. Cowell. The fee itself. Id. 
 
 POSTEA. Lat. (Afterwards.) In 
 practice. The name given to the entry, 
 on record, of the proceedings on the trial 
 of a cause, including the verdict of the 
 jury ; so called from the word (postea) 
 with which it commenced when the pro- 
 ceedings were in Latin; and which has 
 been literally translated in the modern 
 forms: "Afterwards, that is to say," &o. 
 Steph. PI. 87. 3 Bl. Com. 886. In form 
 
POS 
 
 (316) 
 
 POT 
 
 .it is the return made by the judge who 
 tried the cause, to the court in banc, of 
 what took place at the trial. In English 
 practice, it is first entered on the back of 
 the nisi prius record, and is the ground 
 upon which judgment is afterwards en- 
 tered. 
 
 POSTERIORITY. [L. Lat. posteriori- 
 tas.J In old English law. A coming 
 after, or being behind; the correlative of 
 priority. A man holding of two lords, 
 was said to hold of the more ancient lord 
 by priority, and of the later lord by poste- 
 riority. Staundf. Prmr. Reg. 10, 11. 
 Oowell. 
 
 POSTERITY. [Ft. posterite; La.t. pos- 
 teritas, from posterut, from post, after.] 
 Descendants ; those who come after. De- 
 clared, by the civil code of Louisiana, to 
 comprehend all the descendants in the 
 direct line. Art. 3522, num. 26. 
 
 POSTHLTMOirS CHILD. [Lat. post- 
 humus, from post, after, and humus, earth, 
 or humatus, buried.] A child born after 
 the death of its father. 2 Bl. Com. 169. 
 Posthumous children of an intestate in- 
 herit in all cases, in like manner as if they 
 were born in the lifetime of the intestate, 
 and had survived him. 4 KenCs Coin. 412. 
 
 POSTLIMINIUM. Lat. [from post, 
 after, and limen, a threshold.] In the 
 civil law. The return or restoration of a 
 person to a former estate or right ; some- 
 times Englished postliminy. A fiction ap- 
 plied in the case of a person who had 
 been taken a prisoner by an enemy, and 
 afterwards returned from captivity, by 
 which he was supposed never to have 
 been abroad, and was on this ground re- 
 stored to his former rights. Postliminium 
 fingit eum qui captus est in civitate semper 
 fuisse; postliminy supposes that he who 
 was taken prisoner had always been in the 
 state. Inst. 1. 12. 6. See Dig. 49. 15. 
 
 Postliminium included things as well as 
 persons. Paulus, in the Digests, defines it 
 to be_;'MS amissm rei recipiendm ah extraneo, 
 et in statum pristinum restituendm, inter 
 nets ac liberos populos regesque morihus, 
 legibus constitutum. Nam quod hello ami- 
 simus, aut etiam citra helium, hoc si rursus 
 recipiamus dicimur postliminio recipere ; 
 (the right of receiving a lost thing from a 
 foreigner, and of restoring it to its former 
 state, established between us and free na- 
 tions and kings, by customs and by laws. 
 For whatever we have lost in war, or even 
 not in war, if we receive it again, we are 
 
 said to receive it postliminio.) Big. 49. 
 15. 19, pr. 
 
 Postliminium is thus analyzed and ex- 
 plained in the Institutes. It is called 
 postliminium from limen, (threshold,) and 
 post, (after.) Wherefore we properly say 
 of one who was taken by an enemy, and 
 afterwards came into our borders or limits, 
 that he has returned postliminio. For as 
 the threshold of a house makes, as it were, 
 the limit or boundary of it, so the ancients 
 chose to call the boundary or border of 
 the empire its threshold. Hence limen (a' 
 threshold) came to be used in the sense of 
 a limit, {^finis,) and boundary, {terminus.) 
 And hence the word postliminium was 
 framed, and used to signify that a person 
 had returned to the same threshold which 
 he had lost; {ah eo postliminium dictum 
 est, quia ad idem limen revertebatur quod 
 amiserat.) So that now a prisoner who 
 is recovered from an enemy and returns 
 home, is supposed to have returned in 
 postliminy, [that is, in the way explained.] 
 Jnst. 1. 12. 5. 
 
 POSTLIMINIUM. Lat. In the law 
 of nations. A right which arises from a 
 return in limen, that is, to the borders of 
 one's country. Grotius De Jur. Bell. lib. 
 3, c. 9, § 2.. A term derived from the 
 Roman law, and extensively used in public 
 law. See its etymology explained by 
 Grotius De Jur. Bell. lib. 3, c. 9, § 1. See 
 his whole chapter, De Postliminio. The 
 term is used in maritime law. See Locce- 
 nius de Jur. Mar. '\ih. 2, c. 4. 
 
 POSTNUPTIAL SETTLEMENT. A 
 settlement made after marriage upon a 
 wife or children ; otherwise called a volurir 
 tary settlement. 2 KenCs Com. 173. 
 
 POSTULARE. Lat. In the Roman 
 law. To ask or demand ; to ask of a judi- 
 cial tribunal, {pro trihunali petere.) Dig. 
 39. 2. 4. 8. See Postulatio. 
 
 To accuse or denounce. Dig. 3. 1. 
 Calv. Lex. 
 
 POSTULATIO ACTIONIS. Lat. In 
 the Roman law. The demand of an ac- 
 tion ; the request made to the praetor by 
 an actor or plaintiff, for an action, or for- 
 mula of suit ; corresponding with the ap- 
 plication for a writ in old English practice. 
 Adam's Pom. Ant. 243. Or, as otherwise 
 explained, the actor's asking of leave to 
 institute his action, on appearance of the 
 parties before the praetor. Hallifax, Anal. 
 b. 3, c. 9, num. 12. 
 
 POTENTIA. Lat. [from potens, able, 
 
POU 
 
 (317) 
 
 POU 
 
 from posse, to be able.] In old English 
 law. A possibility. Potentia prqpingua ; 
 a near or common possibility. 2 £1. Com. 
 169. Potentia remotissima ; a most re- 
 mote or improbable possibility. Id. IVO. 
 Power. Potentia debet scqui justitiam, 
 non antecederc. Power ought to follow 
 
 justice, not go before it. 3 Bulstr. 199, 
 Coke, C. J. 
 
 Potentia inutilis frnstra est. TJseless 
 power is to no purpose. BrancKs Pr. 
 
 Potest quis renunciare pro sc, et snis, 
 juri quod pro se introductum est. One may 
 relinquish for himself and his [heirs,] a 
 right which was introduced for his own 
 benefit. Bract, fol. 20. 
 
 POTESTAS. Lat. Power; a power. 
 The word potestas, in Eoman . law, had 
 several significations ; in the person of 
 magistrates, it was called imperium ; in 
 the person of children, patria potestas; 
 in the person of a slave, dominium. Big. 
 50. 16. 215. 
 
 Potestas sti'icte interpretatur. A power 
 is strictly interpreted. Jenlc. Cent. 17, 
 case 29, in marg. 
 
 Potestas snprenia seipsam dissolrere potest, 
 
 ligare non potest. Supreme power can dis- 
 solve, funloose] but cannot bind itself. 
 BramcKs Pr. Bacon. 
 
 Potior est conditio defendentis. The con- 
 dition of a defendant is the better one. 
 Where both parties are equally in fault, 
 the defendant has the better case, or will 
 be favored in preference to the plaintiff 
 Lord Mansfield, Cowp. '343; See In pari 
 delicto, &c. 
 
 Potior est conditio possidentis. The con- 
 dition of the party in possession is the 
 better. Where the right or the fault be- 
 tween two parties is equal, the party in 
 possession is favored or preferred. See 
 In sequali jure, &c., In pari eansa, &c.. 
 In pari delicto, &c. 
 
 POULTRY COUNTER, (or COMP- 
 TER.) The name of a prison formerly 
 existing in London. 2 Mod. 306. 6 Id. 
 247. See Counter. 
 
 POUND, [from Sax. ^wnrf; Lat. Ziira.] 
 A standard weight, consisting either of 
 twelve ounces, called iroy weight, or of 
 sixteen ounces, called avoirdupois weight. 
 See Troy weight, Avoir du pois, Libra. 
 
 In New-York, the unit or standard of 
 weight, from which all other weights shall 
 be derived and ascertained, is declared to 
 be the pound, of such magnitude that the 
 weight of a cubic foot of distilled water. 
 
 at its maximum density, weighed in a 
 vacuum with^brass weights, shall be equal 
 to sixty-two and a half such pounds. 1 
 JV. T. Rev. St. [607,] 617, § 8. 
 
 POUND. [L. Lat. parens.^ An en- 
 closure ; an enclosed place in which cattle 
 or goods distrained are shut up.* 3 Bl. 
 Com. 12. A pound-oweri is one that is 
 open overhead ; a pound-eowri is one that 
 is close, or covered over, such as a stable 
 or other building.* Id. IZ. But, accord- 
 ing to Lord -Coke, a pound is called open, 
 because the owner may give his cattle 
 meat and drink, without trespass to any 
 other. Co. lAtt. 47 b. 
 
 POUND BREACH. [L. Lat. pard 
 /radio.'] The act or ofience of breaking 
 a pound, for the purpose of taking out the 
 cattle or goods impounded. 3 Bl, Com. 
 12, 146. 
 
 POUNDAGE. In practice. An allow- 
 ance made to a sheriff upon the amount 
 levied under an execution ; estimated in 
 England, and formerly in the United 
 States, at so much on the pound. 
 
 In old English law. A subsidy to the 
 value of twelve pence in the pound, granted 
 to the king, of all manner of merchandise 
 of every merchant, as well denizen as alien, 
 either exported or imported. Cowell. 
 
 POUNT. L. Fr. [from Lat. ^ows.] In 
 old English law. A bridge. Pountz ; 
 bridges. Britt. c. 51. 
 
 Pountage ; pontage. A tax levied for 
 the repair of bridges. Britt. c. 30. 
 
 POUR, Pur. L. Fr. For. Suffit h 
 eux pur seisine pour la proprete ; it suflSces 
 them for seisin for the property. Britt. c. 
 37. Pour cheu he (pour ceo que ;) because. 
 Kelham. ,- 
 
 POUR AUTRE VIE. L. Fr. For 
 another's life. Pur terme d' autre vie ; for 
 the term of another's life. Litt. sect. 56. 
 
 POURE, Pouer, Power, Povre. L. Fr. 
 [from Lat. pauper.] Poor. Poure ou 
 ryclie ; poor or rich. Britt. c. 68. Kel- 
 hcCm. 
 
 POURE, Pouwer, Poer, Poeir, Poair. 
 L. Fr. Power ; force ; strength ; authority. 
 Kelham. 
 
 POUR COMPTE.DE QUI IL AP- 
 PARTIENT. Fr. For account of whom 
 it may concern. Umeri^. Tr. des Ass. ch. 
 11, sect. 4, § 3. A phrase in insurance 
 law. 
 
 POUR SEISIR TEREES, &c. L. Fr. 
 (For seizing the lands, &c.) In old prac- 
 tice. A writ by which the king seized the 
 
POU 
 
 (318) 
 
 POW 
 
 land which the wife of a tenant in capiie, 
 decea»ed, had for her dower, if she married 
 without his leave. Cowell. 
 
 POURCHASE. L. Fr. A purchase. 
 Cowell. See Purchase. 
 
 POURPARTY. L. Fr. [L. Lat. pro- 
 pars, propartii, propartia.'\ In old English 
 law. Division ; a divided share. Literally, 
 for, or as divided, [pour parti ;) a close 
 translation of the Lat. phrase pro diviso.* 
 To make pourparty, is to divide and sever 
 the lands that fall to parcenerfe, which, be- 
 fore partition, they held jointly and pro 
 indiviso. Cowell. 
 
 POURPRESTURE, (or PURPRES- 
 TURE. [fromL. ¥t. pourpris, an enclosure.] 
 The wrongful enclosing of another's pro- 
 perty, or the encroaching or taking to one's 
 self that which ought to be in common. 
 HoUhouse. A species of nuisance by erect- 
 ing a house, or making an enclosure upon 
 any part of a highway, or common street, 
 or public water, or such like public things. 
 Co. Liu. 211. 4 £1. Com. 161. See An- 
 gell on Tide-waters, ch. 1, p. 198. 
 
 Glanville defines pourprestura to be 
 " properly, when any occupation is wrong- 
 fully made upon the king, (quando aliquid 
 super dominum regem injuste occupatur ;) 
 as in the king's demesnes, or in public roads, 
 by obstructing them, [pel in viis puhlicis 
 obstructis ;) or in public waters, by turning 
 them out of their proper channel, {yel in 
 aquis publicis transversis a recto cursu ;) or 
 when any one in a city occupies the king's 
 highway by erecting some building upon it, 
 (vel quando aliquis, in civitate, super regiam 
 plateam, aliquid cedificando occupaverit ;) 
 and generally, whenever any thing is done 
 to the nuisance of the king's tenement, or 
 of the king's way or city. Glanv. lib. 9, 
 c. 11. 
 
 Crompton defines pourpresture to be 
 " properly, when a man taketh unto himself 
 or incroacheth any thing that he ought not, 
 whether it be in any jurisdiction, land_ or 
 franchise ; and generally when any thing is 
 done to the nuisance of the king's tenants." 
 Crompt. Jurisd. fol. 152. 
 
 POURYEYANCE. L. Fr. and Eng. 
 [from Fr. pourvoire^ to provide.] In old 
 English law. The providing corn, (grain,) 
 fuel, victual and other necessaries for the 
 king's house. Cowell. See Purveyance. 
 
 POURVEYOR. [from Fr. pourvoire, 
 to provide.] In old English law. An 
 officer of the king or queen, or other great 
 personage, that provided corn (grain) and 
 
 other victual for their house. Cowell. See 
 Purveyor. 
 
 POUSTIE, Potsiee. Sc. In Scotch law. 
 Power. 1 Pitc. Crim. Trials, part 1, p. 
 162. See Liege poustie. A word formed 
 from the Lat. potestas. 
 
 POVERS. L. Fr. In old English law. 
 Poor persons. IHn primes, voit le roy que 
 common droiture soitfait a touts, auxyhien 
 as povers come as riches, sans regard de 
 nulluy ; in the first place the king wills 
 that common justice be done to all, as well 
 to the poor as to the rich, without regard 
 to any (without respect of persons.) Stat. 
 Westm. 1, c. 1. 
 
 POWER. [Lat. potestas, q. v.] An 
 authority which one gives to another, either 
 to act for him generally, or to do some 
 specific act in his behalf; as to execute a 
 deed, to make a contract, &c. See Power 
 of attorney. An authority which enables 
 one person to do an act for another. 2 
 Crabb's Heal Prop. Gl8. 
 
 An authority, as distinguished from an 
 estate. 1 Steph. Com. 505. 
 
 In a technical sense. An authority 
 enabling a person to dispose, through the 
 medium of the statute of uses, of an inte- 
 rest, vested either in himself, or in another 
 person. Sugden on Powers, 82. 6 Co. 
 17 b. — An authority expressly reserved to 
 a grantor, or expressly given to another, to 
 be exercised over landf!, &c. granted or 
 conveyed at the time of the creation of such 
 power. Wa tkins on Conv. 1 5 7. — A proviso, 
 in a conveyance under the statute of uses, 
 giving to the grantor or grantee, or a 
 stranger, authority to revoke or alter by a 
 subsequent act the estate first granted. 1 
 Steph. Com. 505. — A right to limit a use. 
 4 Kenfs Corn. 316.^An authority to re- 
 voke a use first limited, or to declare a new 
 one. 1 Steph. Com. uh. sup. 
 
 Powers are either mere powers of revoca- 
 tion, enabling the grantor simply to recall 
 what he has bestowed, or powers of revoca- 
 tion and nev) appointment, authorizing the 
 grantor, or some other person, to alter or 
 make a new disposition of the estate con- 
 veyed. Id. ibid. . All powers are, in fact, 
 powers of revocation and appointment. 
 Every power of appointment is strictly a 
 power of revocation; for it always post- 
 pones, abridges or defeats, in a greater or 
 less degree, the previous uses and estates, 
 and appoints new ones in their stead. 4 
 Kent's Com. 315, 316. See 2 JliUiard's 
 Heal Prop. 557, et seq. * 
 
PRA 
 
 (319) 
 
 PR^ 
 
 POWER OF ATTORNEY. An instru- 
 ment in writing, under seal, by which the 
 party executing it appoints another to be 
 his attorney, and empowers such attorney 
 to act for him, either generally in all mat- 
 ters or business, or specially, to do some 
 specified act or acts in his name and behalf. 
 Formerly, and still occasionally, called a 
 letter of attorney, (q. v.) 
 
 POY, Foi. L. Fr. Little; a little. 
 Tout a poy ; all but little ; very nearly the 
 same; almost the whole of. Kelham. 
 Par poy et par poy ; by little and little. 
 Britt. c. 51. Un ^oy d'enk ; a little ink. 
 Kelham. 
 
 POYN, Poin, Paine, Poigne. L. Fr. 
 [from Lat. puffnus, fist.] In old English 
 law. Hand. Le rybaud perde son poyn 
 dount il trespassa ; the ruffian shall lose his 
 hand, wherewith he has trespassed. Britt. 
 c. 25. 
 
 POYND, Poind. Sc. In Scotch law. 
 A distress ; goods taken for a debt. Skerie 
 de Verb. Sign. voc. Namare. 
 
 To take goods as a distress ; to distrain. 
 Id. ibid. 
 
 POYNINGS' LAWS. A set of statutes 
 enacted in the tenth year of Henry VII. 
 (so called from Sir Edward Poynings being 
 then lord deputy,) regulating the method 
 of passing statutes in Ireland. 1 BL Com. 
 102. By another of these laws it was 
 enacted that all acts of parliament, before 
 made in England, should be of force within 
 * the realm of Ireland. Id. 103. 4 Inst. 
 351, 353. 
 
 P'P'M. A contraction oiperpetuum. 1 
 Inst. Cler. 11. 
 
 PRACTICA. L. Lat. Practice; the 
 practice of a court.' Gierke's Prax. Cur. 
 Adm. tit. 42. 
 
 PRACTICE. [L. Lk. practica, praxis, 
 cursus curiae^ The course of procedure in 
 courts. The form and manner of conduct- 
 ing or carrying on, in the way either of 
 prosecution or defence, of suits, actions and 
 other judicial proceedings, at law or in 
 equity, civil or criminal, through their 
 various stages, according to the principles 
 and regulations prescribed by law, or by 
 the rules and decisions of the several 
 courts. 
 
 In a general sense, practice includes 
 pleading, though it is usually distinguished 
 from it. 
 
 PRACTICE COURT. A court attached 
 to the Court of Queen's Bench, and pre- 
 sided over by one of the judges of that 
 
 court, in which points of practice and 
 pleadings are discussed and decided. Holt- 
 house. It originated from the Bail Court, 
 formerly held by one of the judges, and is 
 still most commonly called by that name. 
 Id. 
 
 PRACTICES. In Scotch law. The 
 decisions of the Court of Session, as evi- 
 dence of the practice or custom of the 
 country. Bell's Diet. 
 
 PREBEND A. L.Lat. In old English 
 law. A prebend. Bract, fol. 442 b. 
 Fleta, lib. 2, c. 54, § 10 ; c. 69, § 3. 
 
 An allowance of fodder for horses and 
 cattle. Fleta, lib. 2, c. 76, § 8. 
 
 PR^CEPTORES. L. Lat. Masters. 
 The chief clerks in chancery were formerly 
 so called, because they had the direction of 
 making out remedial writs. Crabb's Mist. 
 Eng. Law, 184, 547. 2 Reeves' Hist. 251. 
 ■Fleta, lib. 2, c. 13, § 12. 
 
 PRiECEPTUM. L. Lat. [from proeci- 
 pere, to command.] In old criminal law. 
 Command. The act of an accessory who 
 commands another to commit a crime. 
 Fleta, lib. 1, c. 31, § 8. 
 
 PRAECIPE. Lat. (Command.) In 
 practice. An original writ, drawn up in 
 the alternative, commanding the defendant 
 to do the thing required, or show the reason 
 why he had not done it. 3 Bl. Com. 274. 
 So called from its initial word in the old 
 Latin forms : Bex vicecomiti salutem : 
 Precipe A. quod juste et sine dilatione 
 reddat B. <tc. The king to the sheriff, 
 greeting. Command A. that justly and 
 without delay he render to B. &c. Reg. 
 Grig. 4. Ileta, lib. 2, c. 62, § 6, et seq. 
 
 A paper containing the particulars of a 
 writ, filed in the office out of which it is to 
 be issued, and intended as the clerk's in- 
 structions for making it out. 
 
 PRAECIPE IN CAPITE. L. Lat. In 
 old practice. A prmcipe or writ of right 
 which lay for a tenant in capite. Reg. 
 Orig. 4 b. Called a writ of right close. 
 Fleta, lib. 6, c. 10, §2. 
 
 PRAECIPE QUOD REDDAT. L. Lat. 
 (Command — that he render.) In practice. 
 Formal words in a precipe, or original writ. 
 See Praecipe. 
 
 PRECIPE QUOD TENEAT CON- 
 VENTIONEM. L. Lat. (Command- 
 that he keep the covenant.) In conveyanc- 
 ing. A writ .of covenant upon which fines 
 were usually levied at common law 2 Bl 
 Com. 350. 3 Id. 166. 
 PR^CIPERE. Lat. To command. 
 
PR^ 
 
 (320) 
 
 PR^ 
 
 The usual word of command in the man- 
 dates of the old writs. Mandare (to com- 
 mand,) is used only in some special cases. 
 See Mandamus. 
 
 PR^CIPIMUS. Lat. We command. 
 An emphatic or initial word in most of the 
 old Latin writs. Bex vie. (or A.) salutem : 
 Prsecipimus vohii (or tiU,) (kc. Eeg. Orig. 
 1, et passim. 
 
 Precise. L.Lat. Specifically. Fleta, 
 lib. 2, c. 60, § 22. 
 
 PR^CO. Lat. In the Roman law. A 
 herald or crier. Adam's Rom. Ant. 189,190. 
 
 In modern practice. The crier of a 
 court. Bacon's Works, iv. 316. 
 
 PE^CONIZARE. L.Lat. [from ^rceco, 
 a crier.] In old practice. To call in court ; 
 to make proclamation (by a crier.) Gierke's 
 Prax. Cur. Adm. tit. 8. 
 
 PR^D'. An abbreviation oi prcedictus. 
 6 Mod. 176. 
 
 PR^DEDUCERE. L. Lat. [from prce, 
 before, and deducere, to dednctj In old 
 practice. To deduct first, or in the first 
 instance. Fleta, lib. 2, c. 51, § 10. 
 
 PR^DIA. Lat. [pi. of prcedium, 
 a. v.] In the civil law. Lands ; estates. 
 
 Prcedia rustica ; rural or country es- 
 tates ; estates or lands principally destined 
 for the production of fruits. 1 Mackeld. 
 Civ. Law, 338, § 309. 
 
 Prcedia urhana ; city estates, especially 
 dwelling-houses, whether situated in town 
 or country, stables, walls, building sites, 
 storehouses, granaries and the like. Big. 
 50. 16. 198. Id. 8. 4. 1, pr. 1 Mack. Civ. 
 Law, ub. sup. See Prcedium urhanum. 
 
 PR^DIA VOLANTIA. L.Lat. Vola- 
 tile estates. A phrase mentioned by Black- 
 stone, as applied, in the duchy of Brabant, 
 to certain things moveable. 2 Bl. Com. 428. 
 
 PREDIAL, (or PREDIAL) SERVI- 
 TUDE. [Lat. servitus prcediarum.l A 
 right which is granted for the advantage of 
 one piece of land over another, and which 
 may be exercised by every possessor of 
 the land entitled against every possessor of 
 the servient land. It always presupposes 
 two pieces of land {prcedia,) belonging to 
 difiTerent proprietors; one burdened with 
 the servitude, called prmdium serviens, and 
 one for the advantage of which the servi- 
 tude is conferred, caWed prcedium dominans. 
 1 Mackeld. Civ. Law, 335, § 306. Inst. 
 2. 3. Dig. 8. 1—6. Bract, fol. 220 b, 
 221. Schultes on Aquatic Rights, 26. 
 
 PREDICT'. An abbreviation of ^-cb- 
 dictus, (q. V.) 10 Mod. 306. 
 
 PRiEDICTUS, PRJEDICTA, PR^ 
 DICTUM. L. Lat. In old pleading. 
 Aforesaid ; the aforesaid. Fleta, lib. 2, c. 
 64, § 21. A word of constant occurrence 
 in old entries, and varied by different forms 
 of abbreviation ; as proed^, prcedict', p'dc'us, 
 &c. Towns. PI. 15.. Mob. 111. 10 Co. 
 66. 1 Ld. Raym. 192. 
 
 Of the three words, idem, pradictus and 
 prcefatus, (all corresponding with the Eng- 
 lish said, and aforesaid,) idem was most 
 usually applied to plaintiffs , or demand- 
 ants ; prcedictus to ■ defendants or tenants, 
 places, towns or lands ; and prcefatus to 
 persons named, not being actors or parties. 
 Towns. PI. ub. sup. See 11 ^asi, 508, 
 arg. 12 Id. 559. Prcedictus refers to 
 the last antecedent. Comb. 461. . 
 
 PRMDIUM. Lat. In the civil law. 
 Land ; a piece of land ; an estate. Called 
 a nomen generale, including ager and ^04- 
 sessio. Dig. 60. 16. 115. 
 
 Prcedium rusiicum ; a rural or country 
 estate; an estate or piece of land principally 
 destined or devoted to agriculture; an 
 empty or vacant space of ground without 
 buildings. 1 Mackeld. Civ. Law, 338, 
 § 309, and Kaufmann's note. 
 
 Prcedium urbanum ; an urban or city 
 estate ; any other than a prcedium rusii- 
 cum; any building, whether in town or 
 country, and whether used for a dwelling, 
 or for business or farming purposes. Id. 
 ibid, and note. Urbanum prcedium non 
 locus facit, sed materia. Dig. bO. 16. - 
 198. 
 
 Prcedium dominans; a dominant or 
 ruling estate. See Prcsdial servitude. 
 
 Prcedium serviens ; a serving estate. See 
 Id. 
 
 PRMDIUM. Lat. In old English law. 
 Estate ; property. 'Applied to the estate 
 or title of the king, as lord paramount of 
 all the lands in the kingdom. Co. Litt. 
 1 b. See Dominicum directum. 
 
 PR^DO. Lat. In the Roman law. 
 A robber. See Dig. 50. 17. 126. 
 
 PRJEFATUS. L. Lat. In old plead- 
 ing. Aforesaid. A word of very common 
 use in old entries ; sometimes abbreviated 
 prcs/af, and p'/af. 6 Mod. 11 6. See Prce- 
 (lictus 
 
 PrI^FECTUR^. Lat. In Roman 
 law. Conquered towns, governed by an 
 officer called a prefect, who was chosen in 
 some-instances by the people, in others, by 
 the prsetors. Butler's Hor. Jur. 29. 
 
 PR^FECTUS. Lat. In the Roman 
 
PR^ 
 
 (321) 
 
 PR^ 
 
 law. A chief oflScer ; a governor or com- 
 mander. The title of various officers and 
 magistrates. Dig. 1. 11. Id. 1. 12. Id. 
 1. 15. Cod. 1. 28. Calv. Lex. 
 
 In old English law. The chief officer 
 of a hundred, and other divisions. Spel- 
 man, voc. Prcspositus. 
 
 PR^JUDIOIALIS. Lat. [from prce, 
 before, and judicare, to judge.] In the 
 civil law. That which is to be pre-deter- 
 mined, or decided before something else. 
 See Actio prmjudicialis. 
 
 PRJEJUDICIUM. L. Lat. In old 
 English law. Prejudice; detriment; dis- 
 paragement. Bract, fol. 19. Sine prse- 
 judicio melioris sententice ; without preju- 
 dice to the better opinion. Id. fol. 48. A 
 common phrase used by Bracton, when ex- 
 pressing his own opinion on any point. 
 
 PR^JURAMENTUM. L. Lat. In old 
 English law. A preparatory oath. See 
 Antyuramentum. 
 
 PR^MISSA. L. Lat. [from prcemittere, 
 to send before.] In old conveyancing. 
 Things sent before ; things mentioned, 
 stated or recited before, preemisses or pre- 
 misses. In modern phraseology, premises. 
 Fleta, lib. 3, c. 10, § 1. See 1 Leon. 117. 
 See Premises. 
 
 PREMIUM. Lat. Reward; compen- 
 sation. Prcemium assecurationis ; compen- 
 sation for insurance ; premium of insur- 
 ance. Loccen. de Jur. Mar. lib. 2, c. 5, 
 sect. 6. Now used in the law of insurance, 
 as a common English word. 
 
 PRiEMIUM PUDICITI^. Lat. The 
 price of chastity ; or compensation for loss 
 of chastity. A term applied to bonds and 
 other engagements given for the benefit of 
 a seduced female. Sometimes called pre- 
 mium pudoris. 2 Wils. 339, 340. 
 
 PR^MUNIRE. L. 'Lat. In English 
 law. To forewarn, or summon. Praemu- 
 niantur omnes de comitatu ; all persons of 
 the county shall be forewarned. Fleta, 
 lib. 1, c. 19, § 1. Used indifferently with 
 prwmonere. Partibus prcemonitis ; the 
 parties being summoned. Id. ibid. 
 
 The name of an offence against the king 
 and his government, though not subject to 
 capital punishment. So called from the 
 words of the writ which issued preparatory 
 to the prosecution : Proemunire facias A. 
 B. quod sit coram nobis, &c. ; cause A. B. 
 to be forewarned, that he appear before us 
 to answer the contempt with which he 
 stands charged. 4 Bl. Com. 103. Co. 
 Litt. 129 b. 
 Vol. n. 21 
 
 The statutes establishing this offence, the 
 first of which was made in the thirty-first 
 year of the reign of Edward I., were 
 framed to encounter the papal usurpations 
 in England ; the original meaning of the 
 offence called prxmunire being the intro- 
 duction of a foreign power into the king- 
 dom, and creating imperium in imperio, by 
 paying that obedience to papal process 
 which constitutionally belonged to the king 
 alone. Id. 110, 115. The penalties of 
 prcBmunire were afterwards applied to other 
 heinous offences. Id. 116, 117. 4 Steph. 
 Com. 215—217. 
 
 PRtENOMEN. Lat. Fore-name, or 
 first name. The first of the three names 
 by which the Romans were commonly dis- 
 tinguished. It marked the individual, and 
 was commonly written with one letter ; as 
 A. for Aulus ; C. for Caius, &c. Adam's 
 Pom. Ant. 35. See Fleta, lib. 4, c. 10, 
 § 9. Butler's Hor. Jur. 28. 
 
 PR^NOTARirS. L. Lat. In old Eng- 
 lish law. Prothonotary. A clerk of the 
 Court of Common Bench. Fleta, lib. 2, c. 
 36. Id. lib. 4, c. 9, § 2. 
 
 Prapropera consilia raro sunt prospera. 
 Hasty counsels are rarely prosperous. 4 
 Inst. 57. 
 
 PROPOSITUS. Lat. [fvom proeponere, 
 to put first, or set over.] In old English 
 law. One who was set over others ; a 
 chief or presiding officer. The sheriff was 
 the prmpositus of the county. LL. Fdw. 
 Sen. c. 11. 3 Bl. Com. 36. 
 
 Prcepositus ecclesice ; a church-reeve, or 
 warden. Spelman. In Scotch law, the 
 head of a collegiate church. BelVs Diet. 
 
 Prmpositus hundredi ; a hundredary. 
 Spelman. 
 
 Prmpositus villm; a town-reeve, (Sax. 
 tungerif.) Id. See Fleta, lib. 2, c. 39, § 2. 
 
 Prmpositus manerii ; the overseer of a 
 manor. An officer under the hallivus, 
 (bailiff) Fleta, lib. 2, c. 76. Called, in 
 law French, provost, (q. v.) LL. Gul. 
 Conq. 1. 6, and note. 
 
 PROROGATIVA REGIS. L. Lat. In 
 old English law. The king's prerogative. 
 Crabys Hist. 204. See De Prmrogativa 
 Regis, Prerogative. 
 
 PROSGRIPTIO. Lat. \froxa.prmscribere 
 to write before, (to draw a line before ?) to 
 fix a limit.] In the civil law. That mode 
 of acquisition whereby one becomes pro- 
 prietor of a thing on the ground that he 
 has for a long time possessed it as his own • 
 prescription. Dig. 41. 3. 1 Maclceld. 
 
PE^ 
 
 (322) 
 
 PR^ 
 
 Civ. Law, 290, § 276. It was anciently 
 distinguished from usucaino, (q. v.) but was 
 blended with it by Justinian. Heinecc. 
 Mem. Jur. Civ. lib. 2, tit. 6, § 438. 
 
 PRJESCRIPTIO. Lat. In old English 
 law. Prescription. Prsescriptio est titulus 
 ex usu et tempore suhstantiam capiens, ah 
 auctoritate legis ; prescription is a title de- 
 riving its substance from use and [length 
 of] time, under the authority of law. Co. 
 Litt. 113 a. 
 
 PR^SENS. Lat. [plur. prmentes.} 
 Present. Prsesens in curia ; present in 
 court. 2 Salk. 544.' Proesentes litterce ; 
 the present letters. See Presents. Sciant 
 praesentes et futuri ; Know those who are 
 present, and those who are to be. Bract. 
 fol. 34 b. 
 
 PRJESENTIA. Lat. [from prcesens, 
 present.] Presence. PrSBsentia corporis tol- 
 lit errorem nominis, et Veritas nomiuis tollit 
 errorem demonstrationis. The presence of 
 the body, [or corporeal thing itself,] re- 
 moves [or cures] error of the name ; and 
 the truth of the name removes [or cures] 
 error of demonstration or description. 
 Bacon's Max. 96, reg. 25. This maxim is 
 based upon three degrees of certainty, men- 
 tioned by Lord Bacon; presence, [prwsen- 
 tia,) name, (nomen,) and demonstration or 
 reference, (demonstratio ;) "whereof the 
 presence the law holdeth of greatest 
 dignity, the name in the second degree, 
 and the demonstration or reference in the 
 lowest." Id. ibid. The maxim itself is 
 composed of two parts or branches, which 
 may be separately considered. 
 
 Praescntia corporis tollit errorem nominis. 
 The presence of a body, person, or thing, 
 removes [the effect of] error of [in the] 
 name [of it.] If the object of a contract 
 be present, an error in the name does not 
 vitiate it. 2 Kenfs Com. 557. Thus, "if 
 
 1 give a horse to J. D. being present, and 
 say unto him, ' J. S. take this,' this is a 
 good gift, notwithstanding I call him by a 
 wrong name." Bac. Max. ub. sup. For 
 the presence of the grantee gives a higher 
 degree of certainty to the identity of the 
 person, than the mention of his name. 
 
 2 Kenffs Com. ub. sup. " So if I say unto 
 J. S. here, I give you my ring with the 
 ruby, and deliver it with my hand, and the 
 ring bear a diamond, and no ruby, this is a 
 good gift, notwithstanding I name it amiss." 
 Bac. Max. ub. sup. 
 
 _ Veritas nominis tollit errorem demonstra- 
 tionis. The truth of the name or denomi- 
 
 nation of a thing removes [takes away or 
 obviates the effect of] error in the demon- 
 stration [addition or description] of it. If 
 the subject of a contract be once properly 
 and certainly named, a falsity of addition 
 or demonstration, that is, of additional de- 
 scription, will not prejudice it. Thus, " if 
 I grant my close, called Dale, in the parish 
 of Hurst, in the county of Southampton, 
 and the parish likewise extendeth into the 
 county of Berkshire, and the whole close 
 of Dale lieth in the county of Berkshire, 
 yet, because the parcel is especially named, 
 the falsity of the addition hurteth not." 
 Bacon^s Max. 100. See 2 Kenfs Com. 
 557. 1 Udw. Ch. R. 189. See Falsa 
 demonstratio non nocet. A maxim fre- 
 quently applied in the construction of 
 wills. 8 Taunt. 313. 
 
 PRASES. Lat. In the Roman law. 
 A president, or governor. Dig. 1. 18. 1. 
 Called &nomen ^ereeraZe, including pro-con- 
 suls, legates, and all who governed pro- 
 vinces. Id. ibid. 
 
 PRJESIDIUM. Lat. In the civil law. 
 A guard ; a fortress ; a defence, aid or 
 shelter. See Infra proesidia. 
 
 In records of the middle ages, — all house- 
 hold stuff or effects, including particularly 
 gold and silver. Spelman. Every kind of 
 property, real as well as personal, [omnis 
 vis bonorum, tarn, immobilium quam mo- 
 bilium.) Id. 
 
 PR^STARE. Lat. In old English 
 law. To pay, give or render ; to make or 
 execute ; to perform. See Proestatio. 
 Prcestiiit sacramentum ; made oath, or 
 took an oath. T. Raym. 34. 2 Ld. 
 Raym. 1376. Mem. in Scacc. P. 16 
 Edw. I. 
 
 To make good. Prasstare tenetur quod- 
 cunque damnum obveniens in mari ; [the 
 insurer] is bound to make good any loss 
 happening on the sea. 3 Kenfs Com. 
 291. 
 
 In old European law. To lease, or let 
 to farm. Chart. Alaman. 75. Spelman. 
 
 PR^STARIA, Prcestarium. L. Lat. 
 In old. European law. A lease or farm, 
 [elocatio, dimissio.) Spelman. 
 
 The instrument of letting or leasing, 
 (charta elocationis vel dimissionis.) Id. 
 
 The land itself, let or leased ; a farm 
 land ; (pradium ipsum, elocatum vel dimis- 
 sum.) Id. 
 
 PrsEstat cantela qnam medela. Preven- 
 tion is better than cure. Co. Litt. 304 b. 
 "As it is in physick, for the health of a 
 
PR^ 
 
 ( 323 ) 
 
 PR^ 
 
 man's body, so it is in remedies, for the 
 safety of a man's cause." Id. ibid. 
 
 PROSTATIC. L. Lat. [from prcestare, 
 q. v.] In old English law. A payment 
 or giving ; such as a relief (relevium) and 
 a heriot, (Jieriettum.) Fleta, lib. 3, c. 17, 
 § 1. Id. c. 18. Sometimes Englished 
 prestation, (q. v.) 
 
 PR^SUMERE. Lat. [from prce, be- 
 fore, and sumere, to take.] In civil and 
 old English law. To take before ; to pre- 
 sume ; to anticipate. See Prmsumptio, 
 Presumption. 
 
 PR^SUMITUR. Lat. It is presumed; 
 the presumption is. Prcesumatur ; it 
 should be presumed; the presumption 
 should be. 
 
 Prfflsumatur pro justitia sententise. The 
 presumption should be in favor of the jus- 
 tice of a sentence. Mascard. de Prob. 
 concl. 1237, n.2. BestonEvid. Introd. 42. 
 
 PriEsumitur pro legitimatione. The pre- 
 sumption is in favor of legitimacy. 1 Bl. 
 Com. 457. 5 Co. 98 b, Bury's case. 
 
 PEtESUMPTIO. Lat. [from prmsu- 
 mere, (q. v.) Gr. rpoXiii^is.] In civil and old 
 English law. Presumption ; a presump- 
 tion. See the definitions in Burr. Circ. 
 Ev. 10, note {a.) 
 
 Prmsumptio probabilis ; probable pre- 
 sumption. Co. Litt. 6 b. Prmsumptio 
 levis ; light or slight presumption. Id. 
 ibid. Called levior, (slighter.) Hub. 
 Prcel. Jur. Civ. lib. 22, tit. 3, n. 15. 
 Prmsumptio violenta ; violent or strong 
 presumption. Co. Litt. ub. sup. 
 
 Praesumptio violenta plena probatlo. 
 
 Strong presumption is full proof. Co. Litt. 
 6 b. 
 Pra!snmptio Tiolenta valet in lege. Strong 
 
 presumption is of weight in law. Jenk. 
 Cent. 56, case 3. 
 
 PRMSUMPTIO FORTIOR. Lat. A 
 strong (literally, stronger) presumption (of 
 fact.) One which determines the tribunal 
 in its belief of an alleged fact, without, 
 however, excluding the belief of the pos- 
 sibility of its being otherwise ; the effect 
 of which is to shift the burden of proof 
 to the opposite party, and if this proof be 
 not made, the presumption is held for 
 truth. Hub. Prml. J. C. lib. 22, tit. 3, 
 n. 16. Burr. Circ. Ev. 66. 
 
 PRMSUMPTIO HOMimS. Lat. The 
 presumption of the man or individual ; 
 that is, natural presumption unfettered by 
 strict rule. Heinec. ad Pand. pars 4, s. 
 124. 
 
 PRMSUMPTIO JURIS. Lat. A pre- 
 sumption of law; the ordinary kind of 
 presumption, in which the law assumes 
 the existence of something, until it is dis- 
 proved by evidence ; a conditional, incon- 
 clusive or rebuttable presumption. Best 
 on Evid. 40, § 43. Best on Presump. 20, 
 8 17. 1 Oreenl. Evid. §33. 
 
 PRMSUMPTIO JURIS ET DE JURE. 
 Lat. A presumption of law, and from law, 
 that is, a presumption inferred by law from 
 premises of law. Defined by Alciatus, 
 " dispositi» legis aliquid prcesumentis, et 
 super prasumpto, tanquam sibi comperto, 
 statuentis ;" a disposition of law which, 
 presumes something, and upon such pre- 
 sumption, as though ascertained to itself, 
 determines. Ale. Tract de Prms. pars 2, 
 n. 3. " It is csW&di prmsumptio juris," says 
 Menochius, " because it is a presuinption 
 made by law, and de jure, because the law 
 holds for truth the presumption thus made, 
 and establishes a fixed right upon it." 
 Menochius de Prms. lib. 1, quaest. 3, n. 17. 
 Best on Presumptions, 20, § 17. Called, 
 by the common lawyers, an irrebuttable 
 presumption ; an inference which the law 
 makes so peremptorily, that it will not allow 
 it to be overturned by any contrary proof, 
 however strong. Thus, where a cause has 
 once been regularly adjudicated upon by a 
 competent tribunal, from which there either 
 lies no appeal, or the time for appealing has 
 elapsed, the whole matter assumes the form 
 of res judicata, and evidence will not be 
 admitted, in subsequent proceedings be- 
 tween the same parties, to show that de- 
 cision erroneous. Id. ibid. So, an infant 
 under the age of seven years, is not only 
 presumed incapable of committing felony, 
 but the presumption cannot be rebutted by 
 the clearest evidence of a mischievous 
 discretion. 1 Hale's P. C. '21. 4 Bl. 
 Com.23. See 1 Greenl. Evid. § 15. Burr. 
 Circ. Ev. 46. 
 
 PRMSUMPTIO. L. Lat. In old Eng- 
 lish law. A taking before another ; a spe- 
 cies of intrusion. Spelman. 
 
 PRMTEXTUS. Lat. [from prmtexere 
 to cover.] In old English law. A pre- 
 text; a pretence or color. Prmtextu 
 cujus; by pretence, or under pretext 
 whereof. 1 Ld. Raym. 412. 
 
 Prffitextn liciti non debet admitti illicitmn. 
 
 Under pretext of legality, what is illegal 
 ought not to be admitted. Winq(Ms 
 Max. 728, max. 196. 
 PRMTOR. Lat. [from prmire, to go 
 
PEA 
 
 (324) 
 
 PEE 
 
 before.] In the civil law. The chief ju- 
 dicial magistrate among the Eomans, who 
 exercised an extensive equity jurisdiction. 
 Hallifax, Anal. lib. 3, c. 8, num. 2. Dig. 
 1. 14. Cod. 1. 39. Adam's Horn. Ant. 
 128. 1 Mackeld. Civ. Zaw,'20, § 30. 1 
 Story's JEq. Jur. §§ 5, 50. 
 
 The governor of a province. See Nov. 
 24, pr. Nov. 25, pr. Nob. 29, c. 2. Tayl. 
 Civ. Law, 210. 
 
 PE^TOE FIDEI-COMMISSAEIUS, 
 Lat. In the civil lavr. A special prsetor 
 created to pronounce judgment in cases of 
 trusts or fidei-cominissa. Inst. 2. 23. 1. 
 2 Story's Eq. Jur. § 966. Called, by Lord 
 Bacon, a " particular chancellor for uses." 
 Bacon on the Stat, of Uses, Law Tracts, 
 315. 4 Kent's Com. 290. 
 
 PE^VAEICATOE. Lat. In the civil 
 law. J One who betrays his trust, or is un- 
 faithful to his trust. An advocate who 
 aids the opposite party by betraying his 
 client's cause. Big. 4V. 15. 1. Used in 
 Spanish law. Las Partidas, part. 3, tit. 6, 
 1. 15. 
 
 PE^VENTO TEEMING. L. Lat, In 
 old Scotch practice. A form of action 
 known in the forms of the Court of Ses- 
 sion, by which a delay to discuss a suspen- 
 sion or advocation was got the better of. 
 Bell's Diet. 
 
 PEAGMATIC SANCTION. In the 
 civil law. A species of imperial rescript. 
 See Pragmatica sanctio. 
 
 PEAGMATICA. Span. In Spanish 
 colonial law. An order eruanating from 
 the sovereign, and differing from a cedula 
 only in form, and in the mode of promul- 
 gation. Schmidt's Cio. Law, Introd. 93, 
 note. 
 
 PEAGMATICA SANCTIO. Lat. In 
 the civil law. A rescript of the emperor, 
 in answer to the petition of a corporation 
 or public body, {corpus aut schola, vel offi- 
 cium, vel curia, vel civitas, vel provincia, 
 vel qucedam universiias hominum oh cau- 
 sam publicam.) Cod. 1. 23. 1. 
 
 PEATUM. Lat. In the civil law. A 
 meadow. Dig. 50. 16. 31. Said to be 
 derived from paratum, (prepared,) quod 
 paratum sit adfructum capiendum. Id. ib. 
 
 In old English law. A meadow. Co. 
 Litt. 4 b. 
 
 PEAXIS. Lat. Practice. Clerke's 
 Prax. Cur. Adm. Praiis judicum est in- 
 terprcs legnm. The practice of the judges 
 is the interpreter of the laws. Branch's 
 Pr. 
 
 _ PEAY IN AID. In old English prac- 
 tice. To call upon for assistance. In real 
 actions, the tenant might pray in aid, or 
 call for assistance of another, to help him 
 to plead, because of the feebleness or im- 
 becility of his own estate. 3 Bl. Com. 
 300. See Aid-prayer. 
 
 PEEAMBLE. [from Lat. prcB, before, 
 and ambulare, to walk, or go.] The intro- 
 duction or commencement of a statute, 
 setting forth, by way of recital, the inten- 
 tion of the legislature in framing it, the 
 circumstances which occasioned its pas- 
 sage, &c. In English statutes, it com- 
 mences with the word " Whereas." In 
 the old French statutes, it commonly be- 
 gan with " Pur ceo que" (forasmuch as,) 
 and in the Latin, with " Quia;" " Cum," 
 or words of similar import. See Sedgwick 
 on Stat, tfc Const. Law, 54 — 57. 
 
 PEE-AUDIENCE. The right of being 
 heard before another. A privilege belong- 
 ing to the English bar, the members of 
 which are entitled to be heard in their 
 order, according to rank, beginning with 
 the Queen's attorney-general, and ending 
 with barristers at large. 3 Bl. Com. 28, 
 note. 3 Steph. Com. 387, note. 
 
 PEEBEND. [Lat. prcebenda, from prcB- 
 bere, to supply.] In English ecclesiastical 
 law. A stipend or revenue ;* that portion 
 which every member or canon of a cathe- 
 dral church receives, in the right of his 
 place, for his maintenance. Cowell. It 
 is neither a dignity nor a benefice. 5 
 Taunt. 2. 
 
 PEEBENDAEY. [Lat. prcebendarius, 
 from prcebenda, q. v.] In English eccle- 
 siastical law. One that has a prebend, 
 (q. V.) Cowell. The stipendiary of a 
 cathedral or collegiate church. Webster. 
 
 PEECAEI^, or PEECES. L. Lat. 
 In old English law. Days' works, which 
 the tenants of some manors were bound, 
 by reason of their tenure, to do for the 
 lord in harvest. Vulgarly called hind-days, 
 which Spelman supposes to be a corruption 
 of biden^dys, which in Saxon answered to 
 dies precarice, (literally, pray-days, or 
 prayed-days,) the Sax. biden signifying to 
 pray. Spelman. Cowell. 
 
 PEECAEIUM. Lat. [from precari, to 
 pray.] Precarious ; held as it were by 
 mere entreaty ; depending on the will and 
 pleasure of another. Precarium nomen ; 
 a precarious title. Cowell. See Jus pre- 
 carium. 
 
 In the civil law. A gratuitous loan 
 
PRE 
 
 ( 325) 
 
 PRE 
 
 upon request, in which the lender grants 
 the use of the subject in express words, 
 revocable at pleasure. Big. 43. 26. BdVs 
 Diet. 
 
 PRECATORY WORDS. Words of 
 entreaty, request, desire, wish or recom- 
 mendation, employed in wills, as distin- 
 guished from direct and imperative terms. 
 1 Williamn on Exec. 88, 89, and note. 
 Sometimes held to create a trust. 1 Jar- 
 man on Wills, [334,] 332. 
 
 PRECE PARTIUM. L. Lat. On the 
 prayer of the parties. See Dies datus. 
 
 PRECEDENT, [from Lat. prmcedens, 
 from proecedere, to go before.] That which 
 goes before, or takes place before. See 
 Condition precedent. 
 
 PRECEDENTS. Authorities to be fol- 
 lowed iu courts of justice. A term par- 
 ticularly applied to judicial decisions upon 
 points of law arising in any given case. 
 1 Kenis Com. 475, 476. These are recog- 
 nized in equity as well as at law. 1 Sto- 
 ry's Eq. Jur. § 18. The old books are 
 full of expressions in support of prece- 
 dents. See JenJc. Gent. viii. See Stare 
 
 Written forms of proceedings which 
 have been approved by the courts, or by 
 long professional usage, and are to be (usu- 
 ally strictly) followed.* Steph. PI. 392. 
 Lord Bacon observes that there are politi- 
 cal as well as legal precedents. Works, iv. 
 854. 
 
 President (q, v.) occurs as a form of this 
 word, in the old books. 
 
 PRECEPT, [from Lat. prmceptum, from 
 prcBcipere, to command.] In practice. A 
 command in writing ; a species of writ or 
 process. 
 
 In English law. A process issued by a 
 justice of the peace, or other like officer, 
 for the bringing of a person or records be- 
 fore him. Gowell. 
 
 A direction sent by the sheriff, under 
 seal, to the proper returning officers of 
 cities and boroughs, commanding them to 
 elect their members to parliament. \ Bl. 
 Com. 177. 
 
 In American practice. A process issued 
 under seal, by the district attorney of a 
 county, to the sheriff, commanding him to 
 summon a jury, &c. 2 N. Y. Rev. St. 
 [206,] 133, §§ 37, 38. 
 
 A process in the nature of an attach- 
 ment against a person. 1 Burr. Pr. 339. 
 
 PRECEPT. In Scotch law. An order, 
 mandate or warrant to do some act. The 
 
 precept of seisin was the order of a supe- 
 rior to his bailie, to give infeftment of cer- 
 tain lands to his vassal. BelVs Diet. 
 
 PRECEPT. In old French law. A 
 kind of letters issued by the king in sub- 
 version of the laws, being orders to the 
 judges to do or tolerate things contrary to 
 law. Esprit des Loix, liv. 31, c. 2. 
 
 PRECEPT. [L. Lat. prceceptum, q. v.] 
 In old English criminal law. Instigation 
 or commandment to commit a crime. 
 Bract, fol. 138 b. Cowell. 
 
 PRECES. Lat. In the Roman law. 
 Prayers. One of the names of an appli- 
 cation to the emperor. Tai/l. Civ. Law, 
 230. 
 
 PRECIIJM. Lat. In old English law. 
 Price. Fleta, lib. 2, c. 60, § 21. See 
 Pretium. 
 
 PRECLTJDI NON, (or Precludi non 
 debet, ought not to be barred.) In plead- 
 ing. The commencement of a replication 
 to a plea in bar, being in the following 
 words : — " says that, by reason of any thing 
 in the said plea alleged, he ouffht not to be 
 barred from having and maintaining his 
 aforesaid action against him the said de- 
 fendant, because he says," &c. Steph. PI. 
 398. So called, from the emphatic words 
 in the old Latin forms, of which the mod- 
 ern form is a translation. 
 
 PRECOGNOSCE. Sc. [from Lat. prce- 
 coffnoscere.'] In Scotch practice. To ex- 
 amine beforehand. Arldey's R. 232. 
 
 PRECOGNITION. In Scotch practice. 
 Preliminary examination. The investiga- 
 tion of a criminal case, preliminary to 
 committing the accused for trial. 2 Ali- 
 soiCs Crim. Pract. 134. 
 
 PRE-CONTRACT. A contract made 
 before another contract, but having rela- 
 tion especially to marriages. Cowell. 1 
 Bl. Com. 434. 
 
 PREDECESSOR. Lat. and Eng. [from 
 prmcedere, to go before.] One who goes or 
 has gone before ; the correlative of succes- 
 sor. Applied to a body politic oi- corpo- 
 rate, in the same sense as ancestor is appli- 
 ed to a natural person. Termes de la Ley, 
 voc. Ancestor. See Ancestor, Antecessor. 
 
 In Scotch law. An ancestor. 1 Karnes^ 
 Equity, 371. 
 
 PREDIAL (or PRJEDIAL.) [Lat. pr<B- 
 dialis, from prcedium, land.] That which 
 arises or comes from the ground. 
 
 PREDIAL (or PREDIAL) TITHES. 
 [L. Lat. decimce prwdiales.] In English 
 ecclesiastical law. Tithes arising from the 
 
PRE 
 
 ( 326 ) 
 
 PEE 
 
 profits of Ijinds, as of corn, (grain,) grass, 
 hops and wood. 2 Bl. Com. 24. 
 
 PRE-EMPTION. [Lat. prce-emptio, 
 from prw, before, and emptio, a buying.] 
 In English law. The first buying of a 
 thing. A privilege formerly enjoyed by 
 the crown, of buying up provisions and 
 other necessaries, by the intervention of 
 the king's purveyors, for the use of his 
 royal household, at an appraised valuation, 
 in preference to all others, and even with- 
 out consent of tlie owner. 1 £1. Com. 
 2B1. 
 
 In American law. A privilege enjoyed 
 by government in relation to Indian lands. 
 Congress have the exclusive right of pre- 
 emption to all Indian lands lying within the 
 territories of the United States. 8 Whea- 
 iori's M. 543. 1 Kent's Com. 257. 
 
 PREE, Pre, Prea. L. Fr. [from Lat. 
 pratum, q. v.] A meadow. Arrer les 
 prees ; to plough the meadows. Britt. 
 c. 5. Dyer, 33. Finch uses pree as an 
 English word. Law, b. 1, ch. 3, num. 27. 
 PREGNOTARIUS. L. Lat. In old 
 practice. A prothonotary. 1 Leon. 92. 
 
 PREIGNOTHORY. 0. Eng. [L. Lat. 
 pregnotarius^ In practice. Prothonotary. 
 3 Leon. 48, 128. 
 
 PREJUDICE, [from Lat. prcejudidum, 
 from prce, before, and judicare, to judge.] 
 Literally, a judging beforehand ; a judging 
 before examination. 
 
 Detriment; damage; loss. 
 PREMISES, (properly PREMISSES, 
 from Lat. prcemissa, q. v.) Literally, things 
 put before, or stated before ; matter previ- 
 ously stated or set forth. 
 
 In conveyancing. One of the formal 
 and orderly parts of a deed or convey- 
 ance, consisting of all that precedes the 
 habendum; including the date, the parties' 
 names and descriptions, the recitals, (if 
 any,) the consideration and the receipt 
 thereof, the grant, the description of the 
 things granted, and the exceptions, (if 
 any.) See 2 Bl. Com. 298. 1 Steph. 
 Com. 449. Shep. Touch. 75. Burton's 
 Beal Prop. 167, 168. Cruise's Big. tit. 
 xxxii. ch. 21. 2 Hilliard's Real Prop. 
 333. The office of this part of the deed 
 is said to be, "rightly to name the grantor 
 and grantee, and to comprehend the cer- 
 tainty of the thing granted." Shep. 
 Touch, uh. sup. Co. Litt. 6 a. 
 
 In modern conveyancing, the word pre- 
 mises is also used to denote merely the 
 thing demised or granted by the deed. 
 
 This departure from the proper meaning . 
 of the word is noticed by Sheppard. 
 Shep. Touch. 75. It seems to have oc- 
 curred at a very early period. See Fleta, 
 lib. 3, c. 10, § 1. In the expression, 
 "messuage or dwelling-house, and pre- 
 mises," the word "premises" may include 
 another messuage. Z M. dt S. 169. 
 
 The subject matter insured in a policy. 
 4 Camph. 89. 
 
 PREMIUM, [from Lat. proemium, re- 
 ward.] The sum paid or agreed to he 
 paid by an assured to the insurers, as the 
 consideration for the insurance ; heing a 
 certain rate per cent, on the amount in- 
 sured. 1 Phillips on Ins. 205. 3 Kent's 
 Com. 253. 
 
 The price of a risk. See Prime. 
 
 PRENDA. Span. In Spanish law. 
 Pledge. White's New Becop. b. 2, tit. 7. 
 
 PRENDER. L. Fr. [from prendre, 
 from Lat. prehendere, to take.] Taking; 
 the power or right of taking a thing be- 
 fore it is oflFered. A thing was said to lie 
 in prender, where it was something to be 
 taken by the party to be entitled to it, 
 such as estovers in woods ; and to lie in 
 render, where it was something to be paid 
 or rendered to the party by another, such 
 as rent. See the diiference between these 
 explained in Brownl. c& Goldsb. 35. 
 
 PRENDER DE BARON. L. Fr. In 
 old English law. A taking of husband; 
 marriage. An exception or plea which 
 might be used to disable a woman from 
 pursuing an appeal of murder against the 
 killer of her former husband. Staundf. 
 PI. Cor. lib. 3, c. 59. 
 
 PREPENSE. L. Fr. Before-thought. 
 Called purpensed in LL. Gul. Cong. 1. 1. 
 See Malice aforethought. 
 
 PREROGATIVE, [from Lat. proeroga- 
 tiva, from prce, before, and rogare, to ask.] 
 Literally, the privilege of being asked 
 first ; or, according to Blackstone, some- 
 thing that is required or demanded before, 
 or in preference to all others. 
 
 In English law. That special pre-emi- 
 nence which the king [or queen] has over 
 arid above all other persons, in right of his 
 [or her] regal dignity. A term used to 
 denote those rights and capacities which 
 the sovereign enjoys alone, in contradis- 
 tinction to others. 1 Bl. Com. 239. 
 
 This term is usually derived from the 
 Lat. prmrogativa or prcerogativus, which 
 was used among the Romans to denote a 
 precedence among the centuries or tribes 
 
PRE 
 
 (327) 
 
 PEE 
 
 in voting, or the privilege of voting first ; 
 the century or tribe which had such privi- 
 lege being so called from prce, before, and 
 rogare, to ask or give a vote. Adam^s 
 Bom. Ant. 97. CrabVs Hist. Eng. Law, 
 204. According to Lord Coke, preroga- 
 tive denotes, in its proper sense, the privi- 
 lege of the royal assent to acts passed by 
 the houses of parliament, -which must be 
 ashed and obtained before such acts can 
 become laws; Co. Litt. 90 b. 
 
 PREROGATIVE COURT. la Eng- 
 lish law. A court established for the trial 
 of all testamentary causes, where the de- 
 ceased had left bona notabilia within two 
 different dioceses ; in which case, the pro- 
 bate of wills belonged to the archbishop 
 of the province, by way of special preroga- 
 tive. And all causes relating to the wills, 
 administrations or legacies of such persons 
 were originally cognizable herein, before a 
 judge appointed by the archbishop, called 
 the judge of the Prerogative Court ; from 
 whom an appeal lay to the priry council. 
 3 Bl. Com. 66. 3 Steph. Com. 432. 
 
 The name of a court in the state of 
 New-Jersey. Rev. Stat, tit. 7, c. 4. 
 
 PREROGATIVE WRIT. In practice. 
 A writ issued upon some extraordinary 
 occasion, and for which it is necessary to 
 apply by motion to the court ; a writ not 
 issuing as of mere course, without show- 
 ing some probable cause why it should be 
 granted. 3 Bl. Com. 132. The writs of 
 procedendo, mandamus, prohibition, quo 
 warranto, habeas corpus and certiorari be- 
 long to this class. 3 Steph. Com. 681, et 
 seq. 
 
 Prerogative writs have also been distin- 
 guished from writs ministerially directed, 
 viz. those issued to the shsriff; the pre- 
 rogative writs being" generally directed to 
 po sheriff or minister of the court, but to 
 the public or private parties whose acts 
 are the subject of complaint. 2 Burr. 
 855. 3 Steph. Com. 681, note. 
 
 PRES. L. Fr. Near. Cy pres ; so 
 near ; as near. See <7y pres. 
 
 PRESBYTER. Lat. [from Gr. vrpw^irepoj, 
 elder, from u-pw/Sis, old.] In civil and eccle- 
 siastical law. An elder; a presbyter; a 
 priest. Cod. 1. 3. 6, 20. JVov. 6. 
 
 PRESCRIBE. To claim, or allege a 
 title to a thing, on the ground of long or 
 immemorial usage.* A person is said to 
 prescribe that he and his ancestors have 
 used, time out of mind, to have common 
 of pasture in such a close, which is called 
 
 prescription in a man and his ancestors. 
 3 Bl. Com. 264. Or he is said to pre- 
 scribe that he, and all those whose estate 
 (L. Fr. que estate,) he has, have used for 
 such length of time to have common, &c. ; 
 which is technically called prescribing in a 
 que estate. Id. 264, 265. 
 
 PRESCRIPTION, [from Lat. prcescrip- 
 tio, q. v.] A mode of acquiring title ta 
 property by long and continued usage.* 
 A title acquired by use and time to incor- 
 poreal hereditaments, such as a right of 
 way, or of common.* 2 Bl. Com. 264. 
 It is a usage annexed to the person of the 
 owner of an estate, as distinguished from 
 custom, which is properly a local usage. 
 Id. 263, 264. As to the American law of 
 prescription, see 2 Hilliard^s Meal Prop. 
 153 — 162. United States Digest, Pre- 
 scription. 
 
 PRESCRIPTION, TIME OF. A length 
 or period of time sufficient to establish the 
 right of prescription, or title by prescrip- 
 tion. .This, in England, was formerly iden- 
 tical with time immemorial, or time out of 
 memory, a period referring to the begin- 
 ning of the reign of Richard t. But now, 
 by the statute of 2 & 3 Will. IV. c. 71, 
 the time of prescription in certain cases 
 has been shortened. 2 Steph. Com. 35 — 39. 
 
 PRESENCE. [Lat. prcesentia.] The 
 fact of being in a particular place, consid- 
 ered with relation to some act done in the 
 same place. This is either actual, as where ■ 
 the person is within the same enclosure 
 and in actual sight, or constructive, as 
 where the person is so near as to be held 
 to be present in contemplation of law. 
 
 In criminal law, mere presence at the 
 commission of a crime is not sufficient to 
 constitute a person a principal or even an 
 accessory, unless he aids, assists or abets 
 others. 1 Hale's F. a 439. See 1 Wis- 
 consin B. 159, 166. 
 
 As to what is a sufficient presence of 
 witnesses at the execution of a will, see 4 
 Kent's Com. 515, 516, and cases cited ibid. 
 10 Grattan's R. 106. 1 Leigh's R. 6 
 
 To PRESENT. [L. Lat. >rcBienter«.] 
 In English ecclesiastical law. To offer a 
 clerk to the bishop of the diocese, to be 
 instituted. 1 Bl. Com. 389. 
 
 In criminal law. To find or represent 
 judicially, as a grand jury present certain 
 offences. See Presentment. Held to be 
 an essential word. 2 Show. 454 
 
 PRESENTATION I„ ecclesiastical 
 law. The act of a.patron or proprietor of 
 
PEE 
 
 (328) 
 
 PEE 
 
 a living, in offering a clerk to the ordinary 
 for institution. 
 
 PEESENTMENT. L. Fr. and Eng. 
 In criminal law. The notice taken by a 
 grand jury of any offence, from their own 
 knowledge or observation, without any bill 
 of indictment laid before them ; as the 
 presentment of a nuisance, a libel and the 
 like, upon which the officer of the court 
 must afterwards frame an indictment, be- 
 fore the party presented can be put to an- 
 swer for it. 4 Bl. Com. 301. 
 
 In a more general sense, a presentment 
 includes inquisitions of office, and indict- 
 ments by a grand jury. Id. ibid. Thus 
 in indictments, the jury are said to present 
 upon their oath. See Indictment. 
 
 PEESENTS. Present letters or instru- 
 ment. A word of constant occurrence in 
 deeds, bonds, and various other instru- 
 ments, framed immediately from the Lat. 
 prmsentes, which was used with literce, 
 as formal words of description in old 
 conveyancing. Omnibus ad quos praesen- 
 tes literas pervenerint, salutem : To all to 
 whom the present letters shall come, 
 Greeting. The word literce was some- 
 times suppressed, thus: Pateat universis 
 per prsesentes ; Be it known to all men by 
 the presents. Wesi's Symbol, pars 1, lib. 
 2, sect. 535. Noverint universi per prce- 
 sentes ; Know all men by the presents. 
 Id. sect. 482. This led to the use of pree- 
 senies as a substantive, and ultimately to 
 the English word presents in its plural 
 form : "Be it known unto all men by these 
 presents." Wests Symbol, sect. 483. 
 " Know all men by these presents." 
 
 Another mode of expression formerly 
 in use was, "To all Christian people to 
 whom this present writing shall come," 
 &c. Id. sect. 466. 
 
 PEESIDENT. [Lat. prmses.} In Eng- 
 lish law. A title formerly given to the 
 king's lieutenant in a province ; as th« 
 President of Wales. Cowell. 
 
 PEESIDENT. An old though cor- 
 rupted form of precedent, (q. v.) used both 
 as a French and English word. Le presi- 
 dent es< rare. i?yer, 136. See i^Veem. 265. 
 Presidents without^ a judicial examination 
 do not make a law. Hardr. 98, arg. See 
 3 Leon. 28. Vaugh. 154. 
 
 PEESS. In old practice. A piece or 
 skin of parchment, several of which used 
 to be sewed together in making up a roll 
 or record of proceedings. See 1 Bl. Com. 
 183. Towns. PI. 486. 
 
 PEEST, (and afterwards PEIST.) L. 
 Fr. [from Lat. paratus.'] In old pleading 
 and practice. Eeady. Prest averrer ; 
 ready to prove. Yearb, P. 11 Hen. VI. 
 8, M. 12 Hen. VI. 13. Prest de prover. 
 Britt, c. 22. A formal word at the con- 
 clusion of pleas and replications, expres- 
 sive of a tender and acceptance of issue. 
 Prest, (fee. was a more common form. See 
 Yearb. 8 Edw. IIL 20. T. 8 Edw. IIL 11. 
 See Prist, Culprit. 
 
 Prest a passer ; ready to pass, that is, 
 to give a verdict. M. '3 Edw. II. 56. See 
 Passer. 
 
 PEEST. In old English law. A duty 
 in money to be paid by the sheriff upon 
 his account in the exchequer, or for money 
 left or remaining in his hands. Cowell. 
 
 PEESTATIOK [Lat. prmstatio, from 
 prcestare, q. v.] In old English law. A 
 payment or performance ; the rendering of 
 a service. A toll, custom or duty. See 
 Prmstatio. 
 
 PEESTJMPTION. [L. Fr. presump- 
 cion, from Lat. prcesumptio, from prcesu- 
 mere, (q. v.) to take before.] In the law of 
 evidence. Literally, a taking beforehand. 
 The taking of a fact to be so, before it cer- 
 tainly appears. Locke on Hum, Underst. 
 b. 4, c. 14, s. 4. — The taking of a fact or 
 proposition to be true, before it is positive- 
 ly shown or certainly known to be so. 
 Burr. Cir. Evid. 9. A process of reason- 
 ing by which a fact not known is deduced 
 or inferred from one or more facts known. 
 Id. ibid. Called, by some of the civilians, 
 argumentum. A process of probable rea- 
 soning from one or more facts to others, 
 exercised by common sense, and founded 
 on the usual course ©f things ; (argumen- 
 tum verisimile, communi sensu perceptum 
 ex eo quod plerumque fit aut fieri intelligi- 
 tur.) Matthceus de Crim. in lib. 48, Dig. 
 tit. 15, c. 6. Best, S. i B. tS: Aid. 95, 
 124. Lord Tenterden, Id. 161. Other- 
 wise termed natural presumption. See 
 Prcesumptio. 
 
 The result of a process of reasoning 
 from one fact to another, or from one or 
 more facts to others; an inference. A 
 conclusion, judgment or belief, as to the 
 truth of some proposed matter of fact, ar- 
 rived at and formed by a process of infer- 
 ence from other facts. Burr. Circ. Evid. 
 9, 10, and notes. — An inference as to the 
 existence of a fact not actually known, 
 arising from its necessary or usual connec- 
 tion with others which are known. 1 
 
PEE 
 
 (329) 
 
 PRE 
 
 Stark. Evid. 23, 24, See 3 Id. 1234.— A 
 probable inference whict our common 
 sense draws from circumstances usually 
 occurring in such cases. 1 Phill. Evid. 
 436. — A probable consequence drawn from 
 facts, as to the truth of a fact alleged, but 
 of which there is no direct proof. Wills^ 
 Circ. Evid. 17. — An inference affirmative 
 or disaffirmative of the existence of a dis- 
 puted fact, drawn by a judicial tribunal, 
 by a process of probable reasoning, from 
 some one or more matters of fact, either 
 admitted in the cause, or otherwise satis- 
 factorily established. Best on Presump- 
 tions, 12, § 11. See 1 Qreenl. Evid. §§ 14 
 — 48. See Prcesumptio. 
 
 An assumption or proposition ; such as 
 the presumption of sanity. Burr. Oirc. 
 Evid. 38, 39'. A principle or rule ; as a 
 presumption of law. Id. ibid, Vinnius, 
 Jurispr. Contr. lib. 4, tit. 36. 
 
 PRESUMPTION OF FACT. [Lat. prce- 
 sumptio hominis ; prcesumptio facti.^ In 
 the law of evidence. The process of infer- 
 ring one fact from another, or one or 
 more facts not known, from one or more 
 other facts known, by the exercise of the 
 natural faculties of judgment and common 
 sense, without reference to any technical 
 rules. The process of deducing or infer- 
 ring certain facts proposed and disputed, 
 by reasoning from certain other facts shown ; 
 both species of facts being made the sub- 
 jects of actual inquiry, with the view of 
 ascertaining the truth of their existence in 
 particular cases. Burr. Circ. Ev. 51 — 69. 
 The species of presumption exercised and 
 applied by juries on the trial of issues of 
 fact. Id. 53, 54. Otherwise called prce- 
 sumptio hominis, (q. v.) 
 
 The result of such a process of reason- 
 ing from facts to facts. A presumption or 
 inference derived wholly and directly from 
 the circumstances of the particular case to 
 which it is applied, by means of the com- 
 mon experience of mankind, without the 
 aid or control of any rules of law what- 
 ever.* 1 Greenl. Evid. §8 44, 48. 
 
 PRESUMPTION OF LAW. [Lat. 
 prcesumptio juris.'\ In the law of evi- 
 dence. An inference or intendment made 
 by law, or the court, from facts appearing 
 or proved in a particular case.* Best on 
 Pres. § 15. 1 Greenl. Evid. §§ 15, 33. 
 Burr. Circ. Evid. 42, 45. — An assumption 
 or proposition of law, founded on facts 
 proved.* Otherwise termed legal pre- 
 sumption. In legal presumption, there is 
 
 no special inference or process of reasoning 
 from fact to fact, as there is in natural pre- 
 sumption. What is called legal presump- 
 tion is properly assumption; a legal pre- 
 sumption is a proposition of law, or the 
 application to a certain fact proved, of a 
 rule previously established. 6 Lond. Law 
 Mag. 354. Burr. Circ. Ev. 43, 50. 
 
 PRESUMPTIVE EVIDENCE. In the 
 law of evidence. Evidence presenting 
 facts from which a presumption may be 
 drawn as to the existence of other facts. 
 See Presumption. That species of indi- 
 rect evidence which, when presented to 
 the mind, in connection with 'any fact 
 sought to be established, suggests or 
 induces, with more or less force, a pre- 
 sumption or belief as to the truth of such 
 fact. Burr. Circ. Evid. 79. A species of 
 circumstantial evidence. Id. 7, 76. In 
 all cases of probabje reasoning, the proof 
 is said to be presumptive, and the infer- 
 ence to which it gives rise, a presumption. 
 Best on Presumptions, 4, § 3. When the 
 conclusion of the existence of a principal 
 fact does not follow necessarily from the 
 facts proved, biit is deduced from them by 
 probable inference, the evidence is said to 
 be presumptive, and the inference drawn, 
 a presumption. Id. 12, § 11. See 1 
 Greenl. Evid. § 13. 
 
 Evidence of facts, admitting of expla- 
 nation or contradiction, as distinguished 
 from conclusive evidence. Burr. Circ. Ev. 
 89. 
 
 PRESUMPTIVE HEIR. A person 
 who, if his ancestor should die immediate- 
 ly, would, in the present circumstances of 
 things, be his heir. See Heir presump- 
 tive. 
 
 PRETENSED, Preteticed. [L. Lat. prce- 
 tensum.'] In old English law. Pretended ; 
 claimed. Where a' party out of posses- 
 sion of lands or tenements, claimed or 
 sued for the possession, he was said to 
 have a pretensed right and title, {jus prce- 
 tensum.) Oowell. Dyer, 74 b. 
 
 PRETIUM, Precium. Lat. Price ; value. 
 
 In the civil law. The price of a thing 
 sold, which properly consisted in counted 
 money; {pretium in numerata pecunia 
 consisiere debet.) Inst. 3. 24. 2. Pretium 
 constitui oportet, nam nulla emptio sine 
 pretio esse potest ; the price ought to be 
 fixed, for there can be no purchase without 
 a price. Id. Big. 18. 1. 2. 2 Kent's 
 Com. 477. 
 
 Pretium succedit in locum rei. The price 
 
PEI 
 
 (330) 
 
 PRI 
 
 succeeds in place of the thing [sold.] 
 Calv. Lex. citing Gceddmus. A maxim 
 quoted in the early English boots. 2 
 BuUtr. 312. 
 
 PRETIUM AFFECTIOmS. Lat. The 
 price of affection. A price or value set 
 upon a thing or estate by the owner, ex- 
 ceeding the just value, and growing out 
 of the affection he has for it.* Pothier, 
 Contr. of Sale, num. 244. 
 
 PRETORIUM, Prwtorium. Lat. In 
 Scotch law. A court-house, or hall of jus- 
 tice. 3 How. St. Trials, 425. 
 
 PREIJE. L. Fr. Weal; good; wel- 
 fare. Art. sup. Chart, pr. 
 
 P'RIA. A contraction of patria. 1 
 Inst. Cler. 11. 
 
 PRIER. L. Fr. To pray. Prioins ; 
 ■we pray. Tearh. H. 1 Edw. II. 3. 
 
 PRIMA FACIE. Lat. On the first 
 face ; at the first viefw. See ^acies. A 
 phrase derived from the civil law, in which 
 it occurs in precisely its modern sense. 
 Interdum evenit ut exceptio, quce primS, 
 facie justa videtur, tamen inique noceat ; 
 it sometimes happens that an exception, 
 which at first view seems just, yet ope- 
 rates as a bar unjustly. Inst. 4. 14, pr. 
 See the phrase repeated. Id. 4. 14. 1, 2. 
 Bracton uses it in the same sense, Ut 
 quod primS, facie valere debent, videtur ; 
 and it seems that, prima facie, they ought 
 to be valid. Bract, fol. 29. Licet videa- 
 tur, prim6, facie, quod, <fec. ; though it 
 seems, primA facie, that, &c. Id. fol. 
 lis. Fleta, lib. 2, c. 44, § 1. Id. c. 60, 
 § 21. 
 
 PRIMA FACIE EVIDENCE. That 
 kind of evidence which, not being incon- 
 sistent with the falsity of an hypothesis, 
 nevertheless raises such a degree of prob- 
 ability in its favor that it must prevail, if 
 it be accredited by the jury, unless it be 
 rebutted, or the contrary proved. 1 Stark. 
 Uvid. 544, [463.] — Evidence which, if un- 
 contradicted or unexplained, is sufficient 
 to determine the matter at issue. 6 Land. 
 Law Mag. 373. 
 
 PRIMA TONSURA. Lat. In old 
 English law. The first mowing ; the first 
 crop of grass. Cro. Car. 362. Roscoe^s 
 Real Act. 486. Called "fore-crop." 1 
 East, 200. A grant of aright to have the 
 first crop of grass. 1 Chitt. Gen. Pr. 
 181. 
 
 PRIM^ IMPRESSIONIS. L.Lat. Of 
 the first impression; without precedent. 
 Freem. 87, arg. A term applied to a new 
 
 case, or one which has not occurred be- 
 fore ; or to a question which is raised for 
 the first time. Com. 224, arg. Eyre, J. 
 5 Mod. 23. 1 Vem. 94. Piatt, J. 19 
 Johns, R. 310. "The question here, as 
 there, is primes impressionis ; the case 
 here, as there, is the first of its kind." 
 Story, J. 3 Mason's R. 116, 125. The ex- 
 pression is applied to actions, returns, mo- 
 tions and other proceedings.' Freem. 431. 
 Holt, C. J. 5 Mod. 21. Mansfield, C. J. 
 4 Taunt. 3. 1 Id. 492, arg. The Gun- 
 powder Plot was called by Lord Coke, in 
 his argument as attorney-general in the 
 case, an offence primce impressionis. 2 
 How. State Trials, 167. 
 
 PRIM^ (or PRIMARI^) PRECES. 
 Lat. In the civil law. An imperial pre- 
 rogative, by which the emperor exercised 
 the right of naming to the first prebend 
 that became vacant after his accession, in 
 every church of the empire. Goldast. Con- 
 stit. Imper. tom. 3, p. 406. 1 Bl. Com, 
 381. 
 
 PRIMAGE. In mercantile law. A 
 small allowance or compensation paid by 
 the shipper or consignor of goods, to the 
 master of the vessel, over and above the 
 freight, for his care and trouble as to the 
 goods. 3 Kent's Com. 232, note. It is a 
 customary payment, and is expressed in 
 bills of lading as "primage and average 
 accustomed." 
 
 PRIMATE, [from Lat. primus, first.] 
 In English law. A chief ecclesiastic; a 
 prelate of supreme dignity and authority ; 
 the title of an archbishop. The Archbish- 
 op of Canterbury is styled " Primate of all 
 England, and Metropolitan ;" (Metropolita- 
 nus et Primus totius Anglice.) The Arch- 
 bishop of York is styled " Primate of Eng- 
 land, and Metropolitan ;" {Primus et Me- 
 tropolitanus Anglice.) 1 Chitt. Bl, Com, 
 380, note. 
 
 PRIMARY CONTEYANCES. Those 
 common law conveyances, (otherwise term- 
 ed original,) by means of which an estate 
 is created or first arises. 2 Bl. Com. 309. 
 They include feoflments, gifts, grants, 
 leases, exchanges and partitions. Id. 310. 
 
 PRIME. Fr. [from Lat. premium, re- 
 ward, or prima, first] In French law. The 
 price of the risk assumed by an insurer ; 
 premium of insurance. Emerig. Tr. des 
 Ass. ch. 3, sect. 1, §§ 1, 2. 
 
 PRIMER. L. Fr. First. See infra. 
 Prirherement ; in the first place. Kelham. 
 
 PRIMER FINE. In old English prac- 
 
PRI 
 
 (331) 
 
 PRI 
 
 tice. A fine or -payment which was dne to 
 the king on suing out the writ of prcecipe, 
 at the commencement of the proceedings 
 to levy a fine of lands. 2 Bl. Com. 350. 
 
 PRIMER SEISIN. [L. Lat. prima sei- 
 sina.'] In old English law. A right which 
 the king had, when any of his tenants in 
 capite died seised of a knight's fee, to re- 
 ceive of the heir (provided he were of full 
 age,) one whole year's profits of the lands, 
 if they were in immediate possession ; and 
 half a year's profits, if the lands were in 
 reversion expectant on an estate for life. 2 
 £1. Com. 66. It Was a feudal hurthen, 
 only incident to the king's tenants in capite. 
 Id. ibid. 
 
 PRIMITIVE. Lat. In English law. 
 First fruits.; the first year's whole profits 
 of a spiritual preferment. 1 £1. Com. 284. 
 Crabb'sJIist. 252. 
 
 PRIMOGENITURE, [from Lat. primo- 
 genitura, from primoffenitus, first born, 
 q. v.] In English law. The privilege of 
 the first-born or eldest son. The right of 
 the eldest son to inherit his ancestor's es- 
 tate, in exclusion of younger sons. 2 Bl. 
 Com. 214. 1 Steph. Com. 369. See 4 
 Kents Com. 375, note. 
 
 PRIMOGENITUS. Lat. [from primo, 
 first, and genitus, born or begotten.] In 
 old English law. A first born or eldest 
 son. Bract, fol. 33. 
 
 PRIMUM DECRETUM. Lat. In the 
 canon law. The first decree ; a prelimina- 
 ry decree granted on the non-appearance 
 of a defendant, by which the plaintiff was 
 put in possession of his goods, or of the 
 thing itself which was demanded. Crilb. 
 For. Bom. 32, 33. The term is also used 
 in admiralty law. The Exeter, 1 Bob. 
 Adm. B. 115. 
 
 PRIMUS. Lat. First. A fictitious 
 name used, with Secundus, Tertius, Quar- 
 tus, &c. by Roman jurists, in their illus- 
 trations; like the modern A. B, C. &c. 
 Dig. 37. 11. 2. 5. 
 
 PRINCEPS. Lat. In the civil law. 
 The prince ; the emperor. Quod principi 
 placuit, legis habet vigorem ; the emperor's 
 pleasure has the force of law. Inst. 1. 
 2. 6. 
 
 Princeps legibns solutns est. The emperor 
 is released from the laws ; is not bound by 
 the laws. Dig. 1. 3. 31. See an explana- 
 tion of this rule. Hallifax, Anal. pref. vi. 
 vii. note. 
 
 PRINCEPS. Lat. In old English law. 
 The king. Fleta, lib. 1, o. 38,§ 26. Priu- 
 
 ceps ct respnbllca ei justa causa possunt rem 
 meam anferre. The king and the state [the 
 government,] may take my property for 
 just cause. 12 Co. 13. Translated in 
 Branch's Principia to mean the very re- 
 verse. 
 
 PRINCIPAL. L. Fr. [from Lat. prin- 
 cipaZJ«, from primceps, chief.] Head; chief; 
 principal. Les principals fesours ; the 
 principal or chief actors. Britt. c. 5. Le 
 principal. Id.(i.2Z. Xe principal rfeMoMr ; 
 the principal debtor. Id. c. 28. 
 
 PRINCIPAL. [Lat. principalis, q. v.] 
 In criminal law. A chief actor or perpe- 
 trator, as distinguished from an accessory. 
 A principal in the first degree is he that is 
 the actor or absolute perpetrator of the 
 crime ; and, in the second degree, he who 
 is present, aiding and abetting the fact to 
 be done. 4 Bl. Com. 34. See Wharton's 
 Am. Crim. Law, §§ 112, 116. 
 
 In the law of contracts. A chief debtor ; 
 one who is liable in the first instance,, as 
 distinguished from a surety who is liable 
 for him, in case of his default; or one 
 whose obligation is prior to that of another 
 which is founded on it. In this and the 
 foregoing sense, the word is directly taken 
 from the French, in which both forms of 
 expression, le principal fesour, and le 
 principal dettour, are used in their modem 
 sense. See infra. 
 
 A chief or head ; one who orders or in- 
 structs another; one who appoints, directs 
 or employs another to act for him, as dis- 
 tinguished from an a^ferei, or person appoint- 
 ed by him. Otherwise termed a constituent 
 or employer. The word, in this sense, has 
 the meaning of dominus in the civil law. 
 Story on Agency, § 3. See United States 
 Digest, Principal and Agent. 
 
 PRINCIPAL. [L. Lat. principalium.'] 
 In old English law. An heir-loom. Cow- 
 ell. 
 
 PRINCIPAL CHALLENGE. In prac- 
 tice. A challenge of a juror for a cause 
 which carries with it, prima facie, evident 
 marks of suspicion either of malice or fa- 
 vor; as that a juror is of kin to either 
 party within the ninth degree ; that he has 
 an interest in the cause, &c. 3 Bl. Com. 
 363. 
 
 PRINCIPAL FACT. In the law of 
 evidence. A fact sought and proposed to 
 be proved by evidence of other facts (termed 
 evidentiary facts) from which it is to be 
 deduced by inference. Otherwise termed 
 factum probandum. 3 Benth. Jud. Evid. 
 
PEI 
 
 ( 332) 
 
 PRI 
 
 3. Burr. Circ. Evid. 3, 119. A fact 
 ■which is the principal and ultimate object 
 of an inquiry, and respecting the existence 
 of ■which a definite belief is required to be 
 formed. Id. 3. 
 
 PKINCIPALIS. Lat. [from princeps, 
 first or chief.] In civil and old English 
 law. Principal; a principal debtor. Privr 
 cipalis debitor. Meta, lib. 2, c. 63, § 5. 
 Called capitalis debitor, (chief debtor.) Id. 
 
 § 6. Principalis del)et semper exenti ante- 
 qnam perveniatnr ad fidei-jussores. The 
 
 principal ought always to be discussed, be- 
 fore resort is had to the sureties. 2 Inst. 1 9. 
 See Discussion. A rule of the civil law, 
 the meaning of -which is not apprehended 
 in Branch's Principia. 
 
 A principal or chief criminal, as distin- 
 guished from an accessory. Otherwise 
 csiW&d. persona principalis. Meta, lib. l,c. 
 27, §19. 
 
 Principal; chief. Placitum principale ; 
 a chief or principal plea or suit. Other- 
 ■wise called loquela principalis. Meta, lib. 
 6, c. 23, §§ 12, 13. 
 
 PRINCIPIA. Lat. [plur. otprincipium, 
 q. v.] Principles; maxims; axioms; fun- 
 damental rules; elements; beginnings. 
 
 Principia probant, non probantur. Princi- 
 ples prove ; they are not proved. 3 Co. 
 50 a, Batcliff's case. Fundamental prin- 
 ciples require no proof; or, in Lord Coke's 
 ■words, "they ought to be approved, because 
 they cannot be proved." Id. ibid. 
 
 Principiis obsta. Withstand beginnings; 
 oppose a thing in its early stages, if you 
 would do so with success. This is put 
 down by Branch among legal maxims, but 
 is most absurdly translated, " Oppose prin- 
 ciples," and the error is literally copied in 
 Wharton's Lexicon. 
 
 Principiorum non est ratio. There is no 
 
 reasoning of principles; no argument is 
 required to prove fundamental rules. 2 
 Bulstr. 239. 
 
 PRINCIPIUM. Lat. [from princeps, 
 first.] In civil and old English law. A 
 beginning. /» principio rfowatiom's ; at the 
 commencement of the gift. Bra^t. fol. 
 
 17 b. Cnjnsque rei potissima pars princi- 
 pium est. The chiefest or most essential 
 part of any thing is the beginning or origin. 
 Dig. 1. 2. 1. Adopted by Lord Coke. 
 10 Co. 49 a, Lampefs case. Co. Litt. 
 248 b. 
 
 A principle ; a maxim. Analyzed by 
 Lord Coke in his peculiar manner, to be 
 quasi primum caput, (the first head) from 
 
 which many cases have their original or 
 beginning. Co. Litt. 303 a. 
 
 Prior tempore potior jure, [He who is] 
 before in time, is preferred in right. The 
 first occupant of bona vacantia has the best 
 right. hroonCs Max. 330. A creditor 
 who first issues execution to a sheriff, is 
 entitled to have his writ first executed. 
 Id. 334. 
 
 PRINCIPLE. A fundamental truth; 
 an original cause ; a motive. McLean, J, 
 14 Howard's B. 175. In patent law, a 
 principle is not patentable. Id. ibid. 
 Eyre, C. J. 2 H. Bl. 495. But see Id. ibid. 
 1 Mason's B. 470. 1 GalUsm's B. 478. 
 Nelson, J. (dissenting,) 14 Howard's B. 
 183, et seq. According to Mr. Justice 
 Story, the principle of a machine means 
 the modus operandi, or that ■which applies, 
 modifies or combines mechanical powers 
 to produce a certain result ; and, so far, a 
 principle, if new in its application to a use- 
 ful purpose, may be patentable. See 1 
 Mason's B. 470. 
 
 P'RIS. A contraction of patris. 1 
 Inst. Cler. 11. 
 
 PRIS, Prise. L. Fr. Taken. Si soit 
 pris et encoupe ; he shall be taken and 
 charged. Britt. c. 11. 
 
 Imprisoned. Bot. Pari. 4 Hen. IV. 
 
 PRISA. L. Lat. [from Fr. prise, q. v.] 
 In old English and Scotch law. A taking ; 
 a seizure of goods. Spelman. De prisis 
 fastis per vicecomites ; of takings made by 
 sheriffs. Fleta, lib. 1, c. 20, § 32. See 
 Id. lib. 2, c. 50, § 21. Skene de Verb, 
 if. See Prise. 
 
 PRISAGE. L. Fr. and Eng. [from Fr. 
 prise, a taking, q. v.] In old English law. 
 A right on the part of the crown of taking 
 two tuns of wine from every ship (English 
 or foreign) importing into England twenty 
 tuns or more, one before and one behind 
 the mast ; which, by charter of Edward I. 
 was exchanged into a duty of 2s. for every 
 tun imported by merchant strangers, and 
 called butlerage, because paid to the king's 
 butler. 1 Bl. Com. 314, 315. Hale's 
 Anal. sect. viii. See Hale de Jur. Mar. 
 pars 3, c. 2. Id. pars 2, c. 6. And see 
 Calthrop's B. 1, 2, 20, 23, 24. 
 
 PRISARE. L. Lat. In old European 
 law. To take. Decret. Chlot. § 7. Spel- 
 man. 
 
 PRISE. L. Fr. [from prendre, to take.] 
 A taking. De prises del avers ; of the 
 takings of beasts. Britt. c. 27. La tor- 
 cenouse prise et la torcenouse detenue ; the 
 
PEI 
 
 (333) 
 
 PRI 
 
 tortious taking and the tortious detention. 
 Id. ibid. 
 
 PRISE. Fr. In French law. Prize; 
 captured property. Ord. Mar. liv. 3, tit. 
 9. See Frige. 
 
 Capture, by a naval force. Emerig. Tr. 
 des Ass. ch. 12, sect. 18, § 1. 
 
 PRISE. [L. Fr. p-ise ; L. Lat. prisa, 
 qq. v.] In old English law. Things taken 
 of the king's subjects by purveyors ; pro- 
 visions taken for the king's use. Cowell. 
 Artie, sup. Chart, c. 2. 2 Reeves^ Hist. 
 Mng. Law, 233. Fleta, lib. 2, c. 50, 
 §21. 
 
 PRISEL. L. Fr. A taking. Xeprisel 
 del verdict. Dyer, 55 b, (Fr. ed.) 
 
 PRISEL EN AUTER LIEU. L. Fr. 
 A taking in another place. A plea in 
 abatement in the action of replevin. 2 Ld. 
 Baym. 1016, 1017. 
 
 PEISO. L. Lat. [L. Fr. prism, from 
 prise, taken.] In old English ■ law. A 
 prisoner; a captive in war. 'Spelman. 
 
 A prisoner, or ipprisoned malefactor. 
 Prisones vero, sic imprisonati ; but prison- 
 ers so imprisoned. Bract, fol. 123. See 
 Fleta, lib. 1, c. 26, § 5. 
 
 PRISON. L. Fr. [from prise, a taking.] 
 In old English law. A prison; a place 
 where persons taken for crimes are con- 
 fined. Si ascun home moerge en prison, 
 si volons nous que le coroner voet veyer le 
 cars; if any man die in prison, we will 
 that the coroner go to view the body. 
 Britt. c. 11. 
 
 Imprisonment. Punys par prison et par 
 fyn ; punished by imprisonment and by 
 fine. Id. a. 20. Prison forte et dure; 
 strong and hard imprisonment. Stat. 
 Westm. 1, c. 12. 
 
 Confinement of the person, as by duress. 
 Par feffements faits a force en prison ; by 
 ■ feofiments made by compulsion in confine- 
 ment. Britt. c. 114. 
 
 A prisoner. (Lat. priso.) More com- 
 monly written, in this sense, prisoun, or 
 prison'. Britt. ell. 
 
 PRISON, [from L. Fr. prison, from 
 prise, a taking ; L. Lat. prisona ; Lat. car- 
 eer, qq. v.] A place of confinement of 
 persons; either for safe keeping, or by way 
 of punishment. A public building devoted 
 to such purposes. 
 
 A place for the detention of debtors ; 
 more correctly expressed by the word gaol, 
 (q. V.) 
 
 In criminal law. A place for the deten- 
 tion of persons charged with ofienoes, and 
 
 committed for trial. 2 N. T. Rev. St. 
 [754,] 632, § 1. 
 
 A place for the confinement of persons 
 sentenced to imprisonment, upon convic- 
 tion for any ofience. Id. ibid. A place of 
 punishment for crime. 
 
 *^* This word is purely French, occur- 
 ring in precisely its present form in Britton, 
 whose eleventh chapter is entitled "De 
 Prisons." Bracton makes use of both the 
 L. Lat. prisona and the pure Lat. career, to 
 express it. See Prisona. Prison and gaol 
 are frequently used as synonymous in mod- 
 ern law, though in strictness prison pro- 
 perly signifies a place of punishment for 
 crime; gaol, a place of safe keeping and 
 detention. It is said, however, that prison 
 originally signified merely a place of safe 
 keeping, and not of punishment, and to 
 show this, reference is made to the obser- 
 vation of Lord Coke, — career ad homines 
 custodiendos non ad puniendos dari debet, 
 (a prison ought to be assigned for the 
 custody of men, not for their punishment.) 
 Co. Litt. 260. Lord Coke, however, 
 merely quoted from Bracton, with a 
 slight alteration ; the passage in the latter 
 author running thus: career ad continen- 
 dos et non puniendos haberi debeat. Bract. 
 fol. 105. A reference to the context in 
 Bracton will show that the meaning of 
 these words has been altogether misappre- 
 hended. In the first place, the chapter in 
 which they are found is devoted to the sub- 
 ject oi punishments, being entitled, "i)e 
 generibus pcenarum quibus homines affici- 
 untur propter eorum iniquitates ;" (of the 
 kinds of punishments with which men are 
 visited on account of their iniquities.) 
 Bract, lib. 2, tract. 1, c. 6. Under this 
 head of punishments, Bracton proceeds to 
 enumerate, with others, corporis coertionem, 
 scilicet imprisonamentum, vel ad tempus, vel 
 imperpetuum, (coercion or restraint of the 
 body, to wit, imprisonment, either for a 
 time, or perpetually, i. e. for life.) He then 
 remarks that a person should be punished 
 in no other way than according to his sen- 
 tence, (non alio modo puniatur quis quam 
 secundum quod se hdbeat condempnatio.) He 
 states, however, that the keepers of prisons 
 were in the habit of ordering those who 
 were sentenced to imprisonment to be kept 
 in chains ; (solent prcesides in carcere con- 
 tinendos damnare ut in vinculis continean- 
 tur,) but remarks that severities of this 
 kind were condemned by law, because a 
 prison ought to be kept (i. e. by those 
 
PKI 
 
 (334) 
 
 PRI 
 
 having charge of it) as a place of custody 
 and not of punishment ; {sed hujusmodi 
 interdicta sunt a lege, quia career ad con- 
 tinendos et non puniendos haberi debeat.) 
 Bract, fol. 1Q4 b, 105. The whole drift 
 of the chapter is to show that punishments 
 should not be extended beyond their pro- 
 per limits, and particularly, that where 
 imprisonment was inflicted as a punishment, 
 it should be attended with no unnecessary 
 severities. This explanation clearly leads 
 to the conclusion that a prison was, in 
 Bracton's time, a place of punishment, as is 
 directly shown, indeed, by other expressions 
 of the same author; (sc. p(xna carceris ; 
 the punishment of the prison,) and by the 
 very common expression of ^ritton, punys 
 par prison et par fyn. Fleta speaks of the 
 cruelties inflicted upon prisoners in aggra- 
 vation of their punishment, such as hang- 
 ing up by the feet, loading with iron, <fec. 
 in terms of condemnation; Fleta, lib. 1, 
 c. 26, §§ 4, 5. And see the whole chap- 
 ter. 
 
 PEISONA. L. Lat. [from L. Fr. 
 prison, q. v.] In old English law. Prison ; 
 a prison ; , a place of confinement. Captus 
 et in prisona detentus ; taken and detained 
 in prison. Bract, fol. 17, 123. Jaceat in 
 prisona nostra per unum annum et unum 
 diem ; he shall lie in our prison for a year 
 and a day. Cart, de For. c. 10. See 
 Fleta, lib. 1, c. 26, De prisonis. 
 
 A place of punishment for crime. Poena 
 imprisonamenti. Bract, fol. 104 b. See 
 Prison. Bracton uses the three words 
 prisona, career and gaola, to denote a place 
 of confinement or imprisonment. Of these, 
 career [prison) seems to signify any place 
 or building devoted to the express purpose 
 of confining persons, either on accusations 
 of crime or after sentence of imprisonment. 
 Bract, fol. 105, 123. Oaola (gaol) has 
 the narrower sense of a building devoted 
 to the confinement of persons charged with 
 crimes. /tZ. fol. 109, 110. Prisona (jpnson,) 
 on the other hand, has a much broader 
 meaning than career, importing not only a 
 common, place of confinement, but awy place 
 of confinement, such as a private house, 
 where a person is restrained of his liberty, 
 or a state of duress without reference to 
 the place of it. Jd. fol. 16 b, 122 b, 
 123 b. 
 
 Imprisonment. Puniaiur per prisonam 
 unius anni ; he shall be punished by im- 
 prisonment for one year. Fleta, lib. 1, c. 
 24, § 2. 
 
 PRISONER. [L. Fr. prisoner, prisoun ; 
 L. Lat. priso.'\ A person restrained of his 
 liberty upon any action, civil or criminal, 
 or upon commandment. Cowell. 
 
 A person who has not his liberty freely 
 to go at all times, to all places, whither he 
 will, without bail or mainprise ; whether he 
 be detained in the open field, or in the 
 street, or in his own house, as well as in 
 the common gaol.* Termes de la Ley, voc. 
 Imprisonment. 
 
 A person confined in a prison, cither 
 upon a criminal charge, or on a conviction 
 and sentence. See Prison. 
 
 A person on trial for crime. "The 
 prisoner at the bar." The jurors are told 
 to " look upon the prisoner." The court, 
 after passing sentence, gives orders to 
 " remove the prisoner" 
 
 PRIST. L. Fr. Ready. A formal 
 word used in the days of oral pleading, to 
 express a tender of or joinder in issue. 
 Sa comen, prist, &c. Son several, prist, 
 &c. Her common, ready, &c. His several, 
 ready, &c. Yearb. H. 6 Edw. III. 10. 
 iVis ungues seisi, prist, &c. Seisi, prist, 
 ■&C. Never seised, ready, &c. Seised, 
 ready, <fec. P. 6 Edw. III. 68. Car 
 nostre baron morust seisi. Prist, &c. Aid. 
 Vostre baron ne morust point seisi. Prist, 
 &c. Ash. Quod sic. Prist, &c. For our 
 husband died seised; Ready, &c. Aid. 
 Your husband did uot die seised ; Ready, 
 &c. Ash. It was so ; Ready, &c. P. 
 8 Edw. III. 4. 
 
 PRIVATE ACT. An act which only 
 operates upon particular persons and pri- 
 vate concerns. 1 Bl. Com. 86. See Pri- 
 vate statute. 
 
 PRIVATE CORPORATION. A cor- 
 poration founded by a private individual, 
 or the stock of which is owned by private 
 persons, such as a hospital or college, a 
 bank, an insurance, turnpike or rail-road 
 company.* 2 Kents Com. 2l5. 
 
 PRIVATE NUISANCE. Any thing 
 done to the hurt or annoyance of the 
 lands, tenements or hereditaments of 
 another. Finch's Law, 188. 3 Bl. Com. 
 216. 2 Crabb's Peal Prop. 1067, § 2461. 
 
 PRIVATE RIGHTS. Those rights 
 which appertain to a particular individual 
 or individuals, and relate either to the 
 person, or, to personal or real property. 1 
 Chitt. Gen. Pr. 3. 
 
 PRIVATE PROPERTY, (as protected 
 from being taken for public uses,) is such 
 property as belongs absolutely to an indi- 
 
PRI 
 
 (335) 
 
 PRI 
 
 vidual, and of wMch he has the exclusive 
 right of disposition ; property of a specific, 
 fixed and tangible nature, capable of being 
 had in possession and transmitted to 
 another, such as houses, lands and chat- 
 tels. 29 Mississippi R. 21, 32. 
 
 PRIVATE STATUTE (or ACT.) A 
 statute which operates only upon particular 
 persons, and private concerns. 1 Bl. Com. 
 86. — An act which relates to certain indi- 
 viduals, or to particular classes of men. 
 Dwarris on Statutes, 629. — A statute 
 which concerns only a particular species ; 
 a particular thing, or a particular person. 
 4 Co. 76 a. 1 Term R 125. A statute 
 whiph relates to a particular place or town. 
 4 Co. 76 b. Skin. 350. And see Hale's 
 Hist. Com. Law, (Runnington's ed.) 3. 
 Generally speaking, statutes are public, 
 and a private statute may rather be con- 
 sidered as an exception to a general rule. 
 It operates upon a particular thing or pri- 
 vate persons. 1 Kent's Com. 459. 
 
 PRIVATE WAY. A right which a 
 person has of passing over the land of 
 another. See Way. 
 
 PRIVATE "WRONGS, (otherwise term- 
 ed CIVIL INJURIES.) The violation of 
 public or private rights, when considered 
 in reference to the injury sustained by the 
 individual, and consequently as subjects 
 for civil redress or compensation. 3 Steph. 
 Com. 356. 
 
 PRIVATEER. In international law. 
 A private armed vessel, duly commissioned 
 by government to cruise during war against 
 the commerce of the enemy. 1 Kent's 
 Com. 95—100. 
 
 ^PRIVATUM. Lat. Private; privy. 
 Privatum jus ; private law. Inst. 1. 1. 4. 
 Privatum concilium ; privy council. Hale's 
 Anal. sect. iii. 
 
 Privatum commodum publico cedit. Pri- 
 vate good yields to public. Jenk. Cent. 
 223, case 80. The interest of an individual 
 should give place to the public good. Id. 
 ibid. 
 
 Frivatum incommodum publico bono pen- 
 satur. Private inconvenience is made up 
 for by public benefit. Jenk. Cent, 85, 
 case 65. Broom's Max. 3, [5.1 
 
 Fiivatis pactionibus non dnbium est non 
 liEdi jus Cffiterorum. There is no doubt 
 that the rights of others [third parties] 
 cannot be prejudiced by private agree- 
 ments. 2>yr. 2. 15. 3,pr. Broom' sMax.[p4:6^ 
 
 PRIVATUS. Lat. A private person 
 or individual. 
 
 PriTatorum conventio juri publico non de- 
 
 rogat. An agreement of private individu- 
 als does [can] not derogate from public or 
 common right, [or cannot impair or affect 
 a common right.] Dig. 50. 17. 45. 1. 
 Broom's Max. [543.] Quoted by Lord 
 Coke, in the words, CouTentlo priTatorum 
 non potest publico juri derogare. Co. Litt. 
 166 a. And Pacta privata non derogant 
 juri communi. 7 Co. 23 b. Butt's 
 case. 
 
 PRIVEMENT. L. Pr. Privately; 
 privily; secretly; not visibly. Aperment 
 ou privement ; openly or privily. Mem. 
 in Scacc. 18 Edw. I. Privement enceint ; 
 secretly pregnant ; not known or observed 
 to be so. See Grossement. Finch's Law, 
 lib. 2, c. 3, p. 117. 
 
 PRIVIES. Persons connected together 
 by some relation other than that of actual 
 contract between them ; persons whose 
 interest in an estate is derived from the 
 contract or conveyance of others. Privies 
 are properly always distinguished from 
 parties, from whom they derive their title, 
 though sometimes made to include them. 
 See Privy, Privity. 
 
 PRIVIGNUS. Lat. In the civil law. 
 A son of a husband or wife by a former 
 marriage; a step-son. Big. 38. 10. 4. 6. 
 Calv. Lex. Cooper's Justin. Inst. Notes, 
 *429. 
 
 Privigna. A step-daughter. . Dig. uh.- 
 sup. Brissonius. 
 
 PRIVILEGE, [from Lat. privilegium, 
 q. v.] An exemption or immunity from 
 some general duty or burden ; a right pe- 
 culiar to some individual or body. Ac- 
 cording to its etymology, — a law, or provi- 
 sion or exception of law in favor of an in- 
 dividual, {quasi priva, or privata lex.) A 
 peculiar right or favor granted by law, 
 contrary to the common rule. See 14 
 Texas i?. 115. See Privilegium. 
 
 PRIVILEGE FROM ARREST. In 
 practice. A privilege from aiTest on civil 
 process, enjoyed either permanently, as by 
 ambassadors, public ministers, and their 
 servants,' married woruen, &c. ; or tempo- 
 rarily, as by members of Congress and of 
 State legislatures, during their attendance 
 at the session of their respective houses 
 and in going to and returning from the 
 same; attorneys, solicitors and counsellors 
 during their actual and necessary attendance 
 on their respective courts ; parties to a suit 
 and witnesses, while going to, attending and 
 returning from court, and other persons 
 
PEI 
 
 ( 336) 
 
 PRI 
 
 designated bylaw. See 1 Burr. Pr. 89 — 
 92 
 
 PRIVILEGED COMMUNICATION. 
 In the law of evidence. A communication 
 made to a counsel, solicitor or attorney, in 
 professional confidence, and which he is 
 not permitted to divulge ; otherwise called 
 a confidential communication. 1 Stark. 
 Evid. 186. 2 Id. 320. 
 
 In the law of libel. A communication, 
 statement or publication made by a person 
 affecting the character of another, but 
 which is privileged or protected by the oc- 
 casion or circumstances under which it is 
 made, and will not support an action 
 without proof of express malice.* 3 How- 
 ard's B. 266. 
 
 PRIVILEGED COPYHOLDS. In Eng- 
 lish law. Those copyhold estates which 
 are said to be held according to the custom 
 of the manor, and not at the will of the 
 lord, as common copyholds are. They 
 include customary freeholds and ancient 
 demesnes. 1 Crahh's Real Prop. 109, 
 8 919. See Privileged villenage. 
 
 PRIVILEGED DEBTS. Debts to 
 which a preference in payment is given 
 out of the estate of a deceased person, or 
 out of the assets of an insolvent. 
 
 PRIVILEGED DEED. In Scotch con- 
 veyancing. A deed or instrument in the 
 execution of which, certain solemnities or 
 formalities are dispensed with ; such as the 
 attestation of witnesses, &c. BeWs Diet. 
 
 PRIVILEGED VILLENAGE. In old 
 English law. A species of villenage men- 
 tioned by Bracton, in which the tenants 
 held by certain and determinate services; 
 otherwise called villein-socage. Bract, fol. 
 209. Now called privileged copyhold, in- 
 cluding the tenure in ancient demesne. 
 2 Bl. Com. 99, 100. See Privileged 
 copyholds. 
 
 PRIVILEGIUM. Lat. [from privus, 
 particular, and lex, law.] In the Roman 
 law. A private law; properly, a special 
 law of the kind called constitutio, ordained 
 by the emperor. A special constitution, 
 either conferring a reward on an indi- 
 vidual for some act of merit, or inflicting 
 an extraordinary punishment ; but which 
 was not to serve as a precedent. Heinecc. 
 Mem. Jur. Civ. lib. 1, tit. 3, §§ 59, 60. 
 Inst. 1. 2. 6. Called, aho, jus singulare, (a 
 particular law,) beneficium, (a benefit or 
 favor,) constitutio personalis, (a personal 
 law.) Calv. Lex. But the civihans usu- 
 ally made a distinction between these 
 
 terms. Heinece. Mem. Jur. Civ. ub. sup. 
 And see Tayl. Civ. Law, 234, 235. 
 
 An ex post facto law. See 1 Bl. Com. 
 46, note (e.) 
 
 In modem civil law, privilegium (privi- 
 lege) is said to denote, in its general sense, 
 every peculiar right or favor granted by 
 the law, contrary to the common rule. 1 
 Macheld. Civ. Law, 182, § 189. 
 
 PRIVILEGIUM. Lat. In old English 
 
 law. A privilege. PriTileginm est benefi- 
 cium personale, et extingaitur cmn persona. 
 
 A privilege is a personal benefit or favor, 
 and is extinguished with the person. 3 
 Bulstr. 8. 
 
 Privileginm non ralet contra rempnblicam. 
 
 Privilege is of no force against the com- 
 monwealth. Even necessity does not ex- 
 cuse, where the act to be done is against 
 the commonwealth. Bacon's Max, 32, in 
 reg. 5. Broom's Max. [14.1 
 
 PRIVILEGIUM CLERICALE. L. Lat. 
 In old English law. The clerical privi- 
 lege ; benefit of clergy. Clericus privi- 
 legium allegans clericale ; a clerk alleging 
 his clerical privilege. Fleia, lib. 1, c. 28, 
 § 12. And see Id. lib. 2, c. 69, § 1. See 
 Benefit of clergy. Privilegium was used in- 
 difierently with beneficium, in the civil law. 
 
 PRIVITY. [L. Fr. privitie.^ Connec- 
 tion ; interest ; mutuality of interest ; such 
 as subsists between the immediate parties 
 to a contract, as between lessor and lessee ; 
 otherwise called personal privity, or privity 
 of contract. 3 Co. 23 a. Walker's case. 
 Litt. sect. 460, 461. But this does not 
 seem to be privity in its proper sense, for 
 privies are they who are not parties. See 
 Privy. 
 
 A derivative kind of interest, founded 
 upon, or growing out of the contract of 
 another, as that which subsists between an 
 heir and his ancestor, between an executor 
 and testator, and between a lessor or lessee 
 and his assignee.* 3 Co. 23 a, Walker's 
 case. 
 
 Privity is divided into various kind*, in 
 the books; but with little uniformity of 
 arrangement, or clearness of expression; 
 See Co. Litt. 271. 8 Co. 42 b. Whitting- 
 ham's case. Plowd. 363. 
 
 PRIVY. A person who has an interest 
 in an estate created by another ; a person 
 having an interest derived from a contract 
 or conveyance to which he is not himself 
 a party. Thus, an heir is privy to the 
 conveyance of his ancestor, an executor to 
 the contract of his testator, and an as- 
 
PRO 
 
 (337) 
 
 PKO 
 
 Mgnee of a lessor or lessee to the contract 
 of the original parties. Privies are clearly 
 distinguished from parties, in the proper 
 sense of the terms.* " He is a privy who 
 is not a party." Plowd. 363. 
 
 PRIVY COTJNOIL. In English law. 
 The principal council of the sovereign, 
 composed of the cabinet ministers, and 
 other persons chosen by the king or queen 
 as privy councillors. Called, by way of 
 eminence, the council. 1 Bl. Com. 229. 
 2 Steph. Com. 479, 480. The judicial 
 committee of the privy council acts as a 
 court of ultimate appeal in various cases. 
 Id. 482. 3 Id. 425, 432. 
 
 PRIVY SEAL. In English law. A 
 seal used in making out grants or letters 
 patent, preparatory to their passing under 
 the great seal. 2 Bl. Com. 347. 
 
 PRIVY SIGNET. In English law. 
 The signet or seal which is first used in 
 making out grants and letters patent, and 
 which is always in the custody of the 
 principal secretary of state. 2 Bl. Com. 
 347. 
 
 PRIVY VERDICT. In practice. A 
 verdict given privUy to the judge out of 
 court, but which was of no force unless 
 afterwards affirmed by a public verdict 
 given openly in court. 3 Bl. Com. 377. 
 Now disused. 
 
 PRIZE, [from L. Fr. prise, taken.] In 
 international law. A captured vessel; a 
 vessel and cargo captured by a public or 
 private armed vessel of a belligerent, exer- 
 cising the right of war.* 1 Kenfs Com. 
 100, IQl, etseq. 
 
 Captured property regularly condemn- 
 ed by the sentence of a competent prize 
 court. Id. 102. 
 
 PRIZE COURTS. Courts to which 
 prizes taken in time of war are brought for 
 adjudication and condemnation, and the 
 sentence of which is necessary to invest a 
 capture with the character of prize. 1 
 Kmfs Com. 101—103. 
 
 In England, the prize courts constitute 
 branches of the admiralty courts, distinct 
 from the ordinary instance courts. Id. 
 353, 354. In the United States, the dis- 
 trict courts act as the prize courts of the 
 country. Id. 356 — 360. 
 
 PRO. Lat. For ; in consideration of. 
 Pro consilio impendendo, (q. v.) 
 
 For ; on account of. Pro /also clamore, 
 (q.v.) 
 
 For; in behalf of. Pro querente ; for 
 the plaintiff. 
 Vol. IL 
 
 For; to the extent o£ Pro posse suo, 
 
 (q- ^■) 
 
 For; in lieu of. Pro omm tervitio, 
 (q.v.) 
 
 For ; in payment of. Pro misis, h. v.) 
 For ; according to. Pro re nata, (q. v.) 
 For ; as. Pro confesso, (q. v.) 
 For ; during. Pro et durante, (q. v.) 
 PRO. L. Lat. For. A word for- 
 merly used in deeds, expressive of a condi- 
 tion in certain cases. Co. Lilt. 204 a. 
 Pratt, C. J. 1 Stra. 571. 8 Mod. 42. 
 
 PRO CONFESSO. L. Lat. For con- 
 fessed ; as confessed. A term applied to 
 a bill in equity, and the decree founded 
 upon it, where no answer is made to it by 
 the defendant. 1 Barbour's Ch. Pi: 96. 
 
 PRO CONSILIO IMPENDENDO. L. 
 Lat. For counsel or advice to be given. 
 Dyer, 1 b, 2 a. Cro. Jac. 482. Formerly 
 a very common consideration for the grant 
 of an annuity. 
 
 PRO CONSILIO IMPENSO. L. Lat. 
 For counsel given. Dyer, 65 a. Pro con- 
 silio suo, et auxilio, et Idbore in negotiis suit 
 agendis impens' et impendend' ; for his 
 counsel, and aid and labor bestowed and 
 to be bestowed in doing his business. 
 Tearh. T. 10 Edw. IIL 23. 
 
 PRO CONVICTO. L. Lat. As con- 
 victed. Fleta, lib. 2, c. 61, § 6. 
 
 PRO CORPORE REGNL L. Lat. In 
 behalf of the body of the realm. Hale's 
 Hist. Com. Law, 32, (Runnington's ed.) 
 
 PRO DEFECTU EXITUS. L. Lat. 
 For, or in case of default of issue. 2 Salk. 
 620. Pro defectu hceredum; in case of 
 failure of heirs. Fleta, lib. 3, c. 12, § 1. 
 
 PRO DEFECTU JUSTITLE. L. Lat. 
 For defect or want of justice. Fleta, 
 lib. 2, c. 62, § 2. 
 
 PRO DEFENDENTE. L. Lat. For 
 the defendant. Vaugh. 65. Commonly 
 abbreviated, pro def. 
 "Morton, pro querent, 
 def." 1 W. Bl. 532. 
 
 PRO DERELICTO. Lat. As derelict 
 or abandoned. A species of usucapion in 
 the civil law. The title of Dig. 41. 7. 
 Quod pro derelicto Imbitum est; what is 
 held as derelict. Id. 41. 7. 4. 
 
 PRO DIGNITATE REGALI. L. Lat. 
 In consideration of the royal dignity. I 
 Bl. Com. 223. 
 
 PRO DIVISO. Lat. As divided; in 
 
 severalty. Si teneant pro diviso, et quili- 
 
 het sciat partem suam ; if they hold in 
 
 several, and each one knows his share. 
 
 22 
 
 Hardr. passim. 
 Blackstone, pro 
 
PRO 
 
 (338) 
 
 PEO 
 
 Bract, fol. 276, 385. Fleta, lib. 5, c. 6, 
 § 36. A term of the civil law. 
 
 PEO DOMINO. Lat. As master or 
 owner ; in the character of master. Calv. 
 Lex. 
 
 • PRO DONATO. As a gift; as in case 
 of gift ; by title of gift. A species of usu- 
 capion in the civil law. The title of Dig. 
 41. 6. See Id. 5. 3. 13. 1. 
 
 PEO DOTE. Lat. As a dowry ; by 
 title of dowry. A species of usucapion. 
 The title of Dig. 41. 9. See Id. 5. 3. 
 13. 1. 
 
 PRO EMTORE. Lat. As a purcha- 
 ser ; by the title of a purchaser. A spe- 
 cies of usucapion. The title of Dig. 41. 4. 
 See Id. 5. 3. 13. 1. 
 
 PRO EO QUOD CTJM. L. Lat. For 
 that whereas, (for this, that -whereas.) 
 Formal words used in the old Latin decla^ 
 rations. 1 Inst. Cler. 207. 
 
 PRO ET DURANTE. L. Lat. For 
 and during. 2 Salk. 620. 
 
 PRO FALSO CLAMORE. L. Lat. 
 For his false claim, or clamour. 3 Bl. 
 Com. 296. 
 
 PRO FORMA. Lat. As a matter of 
 form. 3 East, 232. 2 Kenfs Com. 245. 
 
 PRO HAG VICE. L. Lat. For this 
 turn. 3 Bl. Com. 243. 
 
 PRO HEREDE. Lat. As heir. Big. 
 41. 5. 
 
 PRO HOMAGIO. L. Lat. For hom- 
 age ; in consideration of homage. Fleta, 
 lib. 3, c. 14, § 5. 
 
 PRO ILLA VICE. L. Lat. For that 
 turn. 3 Wils. 233, arg. 
 
 PRO INDEFENSO. L. Lat. As 
 defended ; as making no defence. 
 
 Fleta, lib. 1, c. 
 
 un- 
 
 A 
 
 41, 
 
 phrase in old practice, 
 
 § 7. Id. lib. 6, c. 39, § a. 
 
 PRO INDIVISO; Lat. As undivid- 
 ed ; in common. Si teneant siinul et pro 
 indiviso ; if they hold together and in 
 common. Bract, fol. 276. Id. fol. 9. 
 Litt. sect. 292, 310. A term of the civil 
 law. Pro indiviso vel pro diviso. Fleta, 
 lib. 5, c. 6, § 36. 
 
 PEO INTERESSE SUO. L. Lat. Ac- 
 cording to his interest ; to the extent of his 
 interest. Shep. Touch, (by Preston,) 35. 
 
 PRO L^SIONE FIDEL L. Lat. For 
 breach of faith. 3 Bl. Com. 52. 
 
 PRO LEGATO. Lat. As a legacy; 
 by the title of a legacy. A species of usu- 
 capion. The title of Big. 41. 8. 
 
 PROLUCRARL L. Lat. For to gain. 
 Fleta, lib. 6, c. 7, § 12. 
 
 PRO MAJORI CAUTELA. Lat. For 
 greater security. 2 Show. 420. 
 
 PRO MISIS ET CUSTAGIIS. L. Lat. 
 For (his) costs and charges. T. Baym. 
 20. Cro. Car. 413. 
 
 PRO NON SCRIPTO. Lat. As not 
 written ; as though it had not been writ- 
 ten; as never written. Amhl. 139. Pro 
 non scriptis ; as void. 7 Wils. & Slum's 
 B. 523. 
 
 PEO OMNI SEEVITIO. L. Lat. In 
 lieu of all service. Beg. Orig. 1. 
 
 PEO OPERE ET LABORE. L. Lat. 
 For work and labor. Com. 18. 
 
 PEO PARTE. L. Lat. In part. Nee 
 pro parte liber, nee pro parte servus; not 
 partly free, and partly a slave. Bract, fol 
 25. 
 
 PRO PERDERE. L. Lat. For to lose. 
 Fleta, lib. 6, c. 7, § 12. 
 
 PRO POSSE SUO. L. Lat. To the 
 extent of his power or ability. Bract, fol. 
 109. Pro posse nostro ; to the extent of 
 our power. Cart. Conf. 49 Hen. III. 
 
 PRO POSSESSORE. Lat. As a pos- 
 sessor; by title of a possessor. Big. 41. 6. 
 See Id. 5. 3. 13. 
 
 PRO PULCHRE PLACITANDO. L. 
 Lat. For beau-pleader ; for ill or vicious 
 pleading, (pro stultiloquio.) Fleta, lib. 2, 
 c. 66, § 18. 
 
 PRO QUERENTE. L. Lat. For the 
 plaintiff. Commonly abbreviated pro guer'. 
 
 PRO RATA, or PRO RATA PARTE. 
 Lat. In proportion ; in due proportion. 
 Inst 2 22 5 
 
 PRO RATA ITINERIS. Lat. For 
 the proportion of the voyage. 5 Fast, 
 316. 10 Id. 378. 
 
 PEO EATA PORTIONE, or PEO 
 RATA PORTIONIS. Lat. In proportion. 
 Beg. Orig. 268. 
 
 PRO RE NATA. Lat. For the im- 
 mediate occasion. 1 Bl. Com. 174. 3 
 Id. 73, 433. 
 
 PRO SALUTE ANIM^. L. Lat. 
 For the welfare of- the soul ; for the spirit- 
 ual welfare, or benefit. Hale's Anal. 
 sect, xxxix. 2 Bl. Com. 97. 
 
 PRO SOCIO. Lat. For a partner; 
 the name of an action in behalf of a part- 
 ner. A title of the civil law. Big. 17. 2. 
 Cod. 4. 37. 
 
 PEO SOLIDO. Lat. For the whole ; 
 as one, without division. Big. 50. 17. 
 141. 1. 
 
 PEO SUO. Lat. For, or as one's 
 own. Big. 41. 10. 
 
PRO 
 
 (339) 
 
 PRO 
 
 PRO TANTO. L Lat. For so mucli ; 
 to that extent. 1 Story^s Eq. Jur. § 563. 
 1 Vern. 183. 2 East, 488. 3 P. Wms. 
 247. 1 Oampb. 56. 
 
 PRO TOTO. Lat. For the whole. 
 Pro toto et in solido. Clerke's Prax. Cur. 
 Adm. tit. 11. 
 
 PROAMITA. Lat. In the civil law. 
 A great-grandfather's sister. Inst. 3. 6. 3. 
 Bract, fol. 68 b. 
 
 PRO A VIA. Lat. In the civil law. 
 A great-grandmother. Inst. 3. 6. 3. Big. 
 38. 10. 1. 5. 
 
 PRO AVUNCULUS. Lat. In the civil 
 law. A great-grandfather's brother. Inst. 
 3. 6. 5. Diff. 38. 10. 1. 7. Bract, fol. 
 68 b. 
 
 PROAVUS. Lat. In the civil law. A 
 great-grandfather. Inst. 3. 6. 3. Biff. 38. 
 10. 1. 5. Bract, fol. 67, 68. 
 
 PROBABILITY. In the law of evi- 
 dence. Likeness to truth ; verisimilitude. 
 Butler''s Analogy, Introd. The likelihood 
 of a proposition or fact being true or false, 
 from its conformity or repugnancy to our 
 general knowledge, observation and expe- 
 rience. Locke on Hum. Underst. b. 4, c. 
 15, ss. 3, 4. See Wills' Circ. Eo. 5. Burr. 
 Girc. Ev. 80, 81. 
 
 PROBABLE CAUSE. In practice. 
 Reasonable cause for the prosecution of a 
 person. In an action for malicious prose- 
 cution, the question of probable or reason- 
 able cause for the prosecution, however 
 numerous or complicated the facts upon 
 which it depends, is one of law and not of 
 fact. 2 Selden's R. 384. 
 
 PROBABLE EVIDENCE. Presump- 
 tive evidence is so called, from its founda- 
 tion in probability. Butler's Analoffy, In- 
 trod. 
 
 PROBABLE REASONING. [Lat. ar- 
 gumentum verisim,ile.'\ In the law of evi- 
 dence. Reasoning founded on the probabili- 
 ty of the fact or proposition sought to be 
 proved or shown ; reasoning in which the 
 mind exercises a discretion in deducing a 
 conclusion from premises. Burr. Circ. Evid. 
 22, 23. 
 
 PROBARE. Lat. To prove. Necessitas 
 probandl incumbit illi qui agit. The ne- 
 cessity of proving lies upon him who sues. 
 Inst. 2. 20. 4. The burden of proof rests 
 upon the complainant. Probare est fldem 
 facere judici ; to prove is to convince or 
 satisfy the judge. Theory of Pres. Proof, 
 20. 
 
 PROBATE. [Lat. prohatio, from pro- 
 
 bare, to prove.] Official proof, particularly 
 the proof of a will, made by the executor 
 before the ordinary, surrogate or probate 
 judge ; which, in England, is done either 
 in common form, that is, upon the execu- 
 tor's own oath, or per testes, (by the wit- 
 nesses) in more solemn form of law, as in 
 case where the validity of the will is dis- 
 puted. 2 Bl. Com. 508. The latter form 
 is the one in use in the United States. 
 
 The copy of a will (which has been 
 proved, supra,) made out under the seal of 
 the ordinary, surrogate or probate judge, 
 and delivered to the executor with a cer- 
 tificate of its having been proved. 2 Bl. 
 Com. 508. 
 
 In a larger sense, all the proceedings on 
 proving a will, including the proof itself, 
 the copy of the will and certificate. 2 Bl. 
 Com. ub. sup. In the canon law, probate 
 consisted of probatio, the proof of the will 
 by the executor, and approbatio, the appro- 
 bation given by the ecclesiastical judge to 
 the proof 4 Beeves' Hist. 'II. 
 
 PROBATIO. Lat. [from probare, to 
 prove.] In the civil law. Proof Ei in- 
 cnmbit probatio pi dicit, non pi negat, 
 
 (q. V.) Big. 22. 3. 2. Probatio viva / 
 living proof; proof by witnesses viv& voce. 
 Bract, fol. 400. Co. Litt. 6 b. 
 
 Probatio mortua ; dead proof; proof 
 by deeds, writings and instruments. Id. 
 ibid. 
 
 Probationes debent esse evidentes, (id est) 
 perspicuBB et faciles intelligi. Proofs ought 
 to be evident, that is, clear and easy to be 
 understood. Co. Litt. 283 a. 
 
 Direct evidence, as distinguished from 
 indirect or circumstantial. J. Voet ad 
 Band. lib. 22, tit. 3, n. 15. Burr. Circ. 
 Evid. 2, note. 
 
 PROBATIO PLENA. Lat. In the 
 civil law. Full proof ; proof by two wit- 
 nesses, or a public instrument. Hallifax, 
 Anal. b. 3, ch. 9, num. 25. 3 Bl. Com. 
 370. 
 
 PROBATIO SEMI-PLENA. Lat. In 
 the civil law. Half-full proof; half proof. 
 Proof by one witness, or a private instru- 
 ment. Hallifax, Anal. b. 3, c. 9, n. 25. 
 3 Bl. Com. 370. 
 
 PROBATION. In Scotch law. Proof, 
 or, more properly, evidence. BelVs Bid. 
 
 Probatis extremis, prsesumuntar media. 
 The extremes being proved, the interme- 
 diate proceedings are presumed. 1 GreenL 
 Evid. § 20. Where authority is given by 
 law to executors, administrators, guardians 
 
PRO 
 
 (340) 
 
 PRO 
 
 or other officers, to make sales of lands, 
 upon being duly licensed by the courts, 
 and they are required to advertise the sales 
 in a particular manner, and to observe 
 other formalities in their proceedings, the 
 lapse of sufficient time, (which in most 
 cases is fixed at thirty years,) raises a con- 
 clusive presumption that all the legal for- 
 malities of the sale were observed. Id. 
 ibid. Here, the license to sell. and the 
 deed given are the two extremes which 
 must be proved ; the intermediate proceed- 
 ings are presumed. 
 
 ■^ PROBATIVE. In the law of evidence. 
 Having the effect of proof. 
 
 PROBATIVE FACT. In the law of 
 evidence. A fact (an evidentiary fact) 
 which actually has the effect of proving a 
 fact sought. 1 Benth. Jud. Evid. 18. 
 
 PROBATOR. Lat. [from prohare, to 
 prove.] In old English law. A prover or 
 approver. A person who, when indicted 
 for treason or felony, and arraigned for the 
 same, confessed the fact before plea plead- 
 ed, and appealed, or accused others, his ac- 
 complices in the same crime, in order to 
 obtain his pardon. BractAoWbl. JFleta, 
 lib. 1, c. 38, §§ 17, 18. Cowell. 4 £1. 
 Com. 330. 
 
 PROBUS HOMO. L. Lat. In old 
 English law. A good man. Prohi homi- 
 nes ; good men. Per sacramentum probo- 
 rum hominum de visneio ; by the oath of 
 good men of the visne or neighborhood. 
 Mag. Cart. Johan. c. 20. This follows the 
 original Articles, c. 9. The Magna Charta, 
 1 Hen. III. (c. 15,) reads, Per sacramen- 
 tum proborum et legalium hominum de 
 visneto. And so reads the Charter of 9 
 Hen. III. c. 14. 
 
 PROBUS ET LEGALI8 HOMO. L. 
 Lat. A good and lawful man. A phrase 
 particularly applied to a juror or witness 
 who was free from all exception. 3 £1. 
 Com. 102. Magna Charta, 9 Hen. III. c. 
 14. Fleta, lib. 6, c. 25, § 4. 
 
 PROCEDENDP, (or Le procedendo ad 
 judicium; of proceeding to judgment.) 
 In practice. A writ by which a cause 
 which has been removed from an inferior 
 to a superior court by certiorari, or other- 
 wise, is sent down again to the same court, 
 to be i^roceedcd in tliere, where it appears 
 to the superior court that it was removed 
 on insufficient grounds. Cowell. 1 Tidd's 
 Pr. 408, 410. 3 Steph. Com. 681. 
 
 In English practice. A writ issuing out 
 of chancery, in cases where the judges of 
 
 subordinate courts delay giving judgment, 
 commanding them to proceed to judg- 
 ment* 3 £1. Com. 109. 3 Steph. Com. 
 681. 
 
 A writ by which the commission of a 
 justice of the peace is revived, after hav- 
 ing been suspended. 1 £1. Com. 853. 
 
 PROCEED. In practice. To go; to 
 be founded on. Cases are said to "proceed 
 upon a principle." 3 Hast, 317. See Go, 
 
 To go on ; to go on in a certain course, 
 or in order to attain a certain end ; to go 
 on or act in form of law. See Proceedings. 
 
 PROCEEDING. In practice. Agoing 
 on in form of law ; an act done in form of 
 law, as before a court or judicial officer ; a 
 judicial act, directed against persons or 
 property, and contemplating some ultimate 
 remedial object. 
 
 PROCEEDINGS. In practice. The 
 steps or measures taken in the course of an 
 action, including all that are taken. The 
 proceedings of a suit embrace all matters 
 that occur in its progress judicially. Gar- 
 diner, J. 2 Selden'sR. 319, 320. 
 
 In a narrower sense, — the proceedings 
 in a cause or matter, as entered on record ; 
 the record history of the case. Id. ibid. 
 
 PROCEEDS. Money obtained from the 
 sale of property; money, goods or other 
 articles of value, arising, proceeding or ob- 
 tained from the sale of property ; goods 
 purchased with money obtained from the 
 sale of other goods. 
 
 In commercial and insurance law, a re- 
 turn cargo is the proceeds of the outward 
 cargo, or the sale of the outward cargo. 
 But the term proceeds is sometimes pro- 
 perly applied to a return cargo when there 
 has been no actual sale, as where it has 
 been purchased on the credit of the cargo 
 exported. 12 Mass. R. 71. And it has 
 been said that the term proceeds would 
 apply to the same goods sent back without 
 sale, on the return voyage. 1 Phillips on 
 Ins. 179, 180. 
 
 PROCERES. Lat. Nobles ; lords. The 
 House of Lords in England is called in Latin 
 Domus Procerum. See Bom. Proc. 
 
 PROCES. L. Fr. [from proceder, to 
 proceed.] Proceeding ; mode of proceed- 
 ing. Be proces en assises. Britt. c. 46. 
 
 PROCES-VERBAL. Fr. In French 
 law. An authentic minute of an official 
 act, or statement of facts. Buchanan. 
 Webster. 
 
 An inventory. Ord. Mar. liv. 3, tit. 9, 
 art. 22. 
 
PRO 
 
 (341) 
 
 PEO 
 
 PROCESS. [L. Fr. proces ; L. Lat. 
 processus, from procedere, to proceed.] In 
 practice. In a general sense, — the entire 
 proceedings in any action or prosecution, 
 real or personal, civil or criminal, from the 
 beginning to the end,* It is equivalent 
 to proceeding ; progressive action ; the 
 progressive course of a business from its 
 commencement to its termination. Mar- 
 shall, C. J. 10 Wheaion's H.l. In the old 
 books, " th&process" in an action is said to 
 be " continued" from one term to another. 
 
 In a stricter sense, — a generic term for 
 writs of the class called judicial, of which 
 there are again subordinate divisions, as 
 mesne process, jury process, final process, 
 &c. 
 
 In old practice. The means used to 
 compel a defendant to appear in court in 
 compliance with the original writ ; consist- 
 ing of a verbal monition or warning, and 
 the successive writs of attachment, (or 
 pone,) distringas, and capias ad responden- 
 dum. 3 Bl. Com. 279 — 282. Otherwise 
 called original process. Id. 279. 
 
 PROCESS. In patent law. A means 
 or method employed to produce a certain 
 result or effect, either by chemical action, 
 by the operation or application of some 
 element or power of nature, or of one sub- 
 stance to another, irrespective of any ma- 
 chine or mechanical device. In this sense, 
 s. process is patentable. Grier, J. 15 How- 
 ard's B. 267, 268. 
 
 The function or effect of a machine. In 
 this sense, a process is not patentable. Id. 
 268. 
 
 A process, eo nomine, is not made the 
 subject of a patent in our act of Congress. 
 It is included under the general term " use- 
 ful art." Id. 267. 
 
 PROCESS ROLL. In practice. A 
 roll used for the entry of process to save 
 the statute of limitations. 1 Tidd's Pr. 
 161, 162. 
 
 PROCESSIONING. In American law. 
 A proceeding authorized by statute for 
 ascertaining, marking and establishing the 
 boundary lines of lands. In North Caro- 
 lina, this is done by an oflScer called &pro- 
 cessioner, appointed by the county courts 
 to procession the lands of such persons as 
 desire it. Hevised Oode, (ed. 1855,) ch. 
 88, p. 479. In Tennessee, it is done by the 
 county surveyor. Code of Tennessee, (ed. 
 1858,) §§ 2020, 2024. In both states, 
 a jury is summoned, if required. 
 
 This proceeding seems to be derived 
 
 from the old English practice of perambu- 
 lation, (q. V.) 
 
 PROCESSUS. L. Lat. [from proce- 
 dere, to proceed.] In old practice. Pro- 
 cess; proceeding; the course of judicial 
 proceeding; the course of proceeding in 
 an action. Fleta, lib. 2, c. 47, § 4. See 
 Stet processus. 
 
 Processus legis est gravis vexatio ; executio 
 legis coronal opus. The process of law is 
 a grievous vexation ; the execution of the 
 law crowns the work. Co. Hit. 289 b. 
 The proceedings in an action while in pro- 
 gress are burdensome and vexatious ; the 
 execution, being the end and object of the 
 action, crowns the labor, or rewards it with 
 success. 
 
 PROCHEIN, Procheyn, Prochaine, Pro- 
 cain. L. Fr. [from Lat. proximus.^ Next ; 
 nearest. Procheyn heire ; next heir. Britt. 
 c. 42. Le prochein du saunke ; the next 
 of blood. Id. c. 1. Plus procheyn heire;. 
 nearer heir. Id. c. 118,119. Car toutes 
 sount owelment plus procheynes ; for all 
 are equally next or nearer [of blood.] Id. 
 c. 119. 
 
 PROCHEIN AMI, (or AMY.) L. Pr. 
 [L. Lat. proximus amicus."] In practice. 
 Next friend ; the person by whom an in- 
 fant may prosecute. See Next friend. 
 First introduced by the statute of West- 
 minster 2. Lord King, C. 2 Stra. 709. 
 
 PROCHEINETE. L.Fr. [homprochein, 
 q. v.] Nearness; proximity. Britt. c. 
 118. 
 
 PROCINCTUS. Lat. [from procingi, 
 (properly, prcecingi,) to be girt about] In 
 the Roman law. A girding or preparing 
 for battle. Testamentum in procinctu, or 
 testamentum procinctum ; a will made by a 
 soldier, while girding himself, or preparing 
 to engage in battle. A. Gell. Noct. Att. 
 lib. XV. c. 27, n. 4. Adam's Bom. Ant. 
 62. Calv. Lex. This mode of making a 
 will had become obsolete in the time of 
 Justinian. Inst. 2. 10. 1. 
 
 PROCLAMARE. Lat. In the civil law. 
 To cry out, or proclaim ; to give warning. 
 Inst. 4. 3. 5. 
 
 To assert a claim. Oalv. Lex. 
 
 In old European law. To appeal (to a 
 higher court.) Flodoard. lib. 3, c. 23. Ca- 
 pitular, lib. 6, c. 299. Spelman. 
 
 PROCLAMATIO. Lat. [from procU- 
 mare, q. v.] A crying out; a proclaiming 
 or proclamation. 
 
 In old European law. A claim or com- 
 plaint ; an appeal. Spelman. 
 
PEO 
 
 (342) 
 
 PRO 
 
 PROCLAMATION, [from Lat. froda- 
 matio, q. v.] A crying out ; a notice by- 
 public outcry, Buch as is given on the 
 opening and adjournment of courts, by 
 oflScers termed criers. See Crier, Oyez. 
 
 A public notice in writing, given by the 
 sovereign or chief executive officer of a 
 country, state or city, of some act done by 
 the government, or to be done or required 
 to be done by the people ; either in execu- 
 tion of the law, or otherwise. 1 Bl. Com. 
 270. 
 
 In old conveyancing. The public notice 
 of a fine of lands, given by openly reading 
 it in court sixteen (and afterwards four) 
 times, and which was afterwards endorsed 
 on the back of the record. 2 Bl. Com. 
 352. 
 
 In English practice. A writ issued at 
 the same time with the writ of exigent, 
 in the process of outlawry. 3 Bl, Com. 
 284. 
 
 In equity practice. Proclamation made 
 by a sheriff upon a writ of attachment, 
 summoning a defendant who has failed to 
 appear, personally to appear and answer 
 the plaintiff's bill. 3 Bl. Com. 444. 
 Abolished by Orders, 26th August, 1841. 
 
 PRO-CONSUL. Lat. In the Roman 
 law. Originally, a consul whose command 
 was prolonged {imperium prorogatum^ ai- 
 ter his office had expired. Adam's Rom. 
 Ant. 176. An officer with consular au- 
 thority, but without the title of consul. 
 
 The governor of a province. Calv. 
 Lex. 
 
 PROCREARE. Lat. To beget. Pro- 
 creatus ; begotten. Procreati et procre- 
 andi ; begotten and to be begotten. 1 
 Inst. 20. Comb. 154. Procreatis et pro- 
 creandis. 1 P. Wms. 427. 
 
 PROCTOR, [from Lat. procurator, (q. 
 V.) of which it is a contraction.] One 
 who manages the business of another, on 
 the mandate or commission of his princi- 
 pal ; an attorney. See Procurator. 
 
 In practice. An officer in the admiralty 
 and ecclesiastical courts, corresponding with 
 attorney, at common law, and solicitor, in 
 equity. 2 Chitt. Gen. Pr. 34. 3 Bl. Com. 
 25. Hallifax, Anal. b. 3, c. 3, n. 3. Id. 
 c. 9, n. 5. 
 
 PROCURARE. Lat. [from pro, for, 
 and curare, to talce care of.J To take care 
 of another's affairs for him, or in his behalf; 
 to see to the affairs of another ; to govern ; 
 to manage ; to take care of, or superintend. 
 Dig. 17. 1. 34. 
 
 PROCURATIO. Lat. [from procurare, 
 to manage.] Management of another's af- 
 fairs by his direction, and in his behalf; 
 procuration ; administration ; agency. See 
 Procuration. 
 
 A taking care of another. Spelman. 
 
 PROCURATION. Fr. and Eng. [fr9m 
 Lat. procuratio, q. v.] In foreign law. 
 Agency created by a formal written instru- 
 ment, especially by one under seal. Story 
 on Agency, § 3. 
 
 PROCURATION FEE, (or MONEY.) 
 In English law. Brokerage or commission 
 allowed to scriveners and solicitors, for ob- 
 taining loans of money. 4 Bl. Com. 167. 
 
 PROCURATOR. Lat. [¥t. procureur ; 
 from procurare, to care for, to manage, see 
 to, or take care of for another.] In the 
 civil law. One who manages the affairs or 
 business of another, under the instructions 
 of his principal ; {qui aliena negotia man- 
 dato domini administrate) an agent; an 
 attorney ; a proxy ; a proctor. Big. 3. 3. 
 1. See Procurator litis. Procurator nego- 
 tiorum. 
 
 In old English law. An agent or attor- 
 ney ; a bailiff or servant. Livery of seisin 
 of lands was frequently made per procura- 
 torem. Bract, fol. 40, 42 b, 43. Fleta, 
 lib. 3, c. 15, § 5. 
 
 A proxy of a lord in parliament. Whi- 
 shaw. 1 Chitt. Bl. Com. 168, note. 
 
 In ecclesiastical law. One who collect- 
 ed the fruits of a benefice for another. 
 Stat. 3 Ric. IL St. 1, c. 3. Cowell. 
 
 An advocate of a religious house, {pro- 
 curator monasterii,) who was to solicit the 
 interest and plead the causes of the society. 
 Id. 
 
 A proxy or representative of a parish 
 church, {procurator ecclesicB parochialis.) 
 Id. 
 
 PROCURATOR FISCAL. In Scotch 
 law. A public prosecutor. 1 Swinton's 
 R. 508. Broum's R. passim. 
 
 PROCURATOR LITIS. In the Roman 
 and civil law. The manager of another's 
 suit or cause ; a legal agent or attorney.* 
 Properly, one who managed another's cause 
 in his absence ; cognitor being the title of 
 him who defended the cause of a person 
 present. Calv. Lex. Adam's Rom. Ant. 
 280. In a strict sense, it signified one who 
 acted for a plaintiff, {actor ;) de/ensorheiag 
 used to denote him who acted for a defend- 
 ant. Dig. 3. 3. 1, gloss, marg. Calv. 
 Lex. Prateus. But according to the In- 
 stitutes, the title belonged to him who 
 
PEO 
 
 (343) 
 
 PRO 
 
 managed for either party. Cuicunque per- 
 miseris rem iuam agere, aut defendere, is 
 tuus procurator intelligitur ; whoever you 
 permit to manage or defend your cause, he 
 is understood to be your proctor. Inst. 4. 
 10. 1. 
 
 PROCURATOR NEGOTIORUM. Lat. 
 In the civil law. The manager of another's 
 business or affairs ; an agent; an attorney 
 in fact. Oalv. Lex. 
 
 PROCURATOR PROVINCI^. Lat. 
 In the Roman law. A provincial officer 
 who managed the affairs of the revenue, 
 and had a judicial power in matters that 
 concerned the revenue. AdarrCs Bom. 
 Ant. 178. 
 
 PROCURATORIUM. L. Lat. [from 
 procurator, q. v.] In old English law. 
 The proouratory or instrument by which 
 any person or community constituted or 
 delegated their ^rocior or proctors to repre- 
 sent them in any judicial court or cause. 
 Powell. A proxy. Clerke's Frax. Cur. 
 Adm. tit. 7. 
 
 PROCURATORY OF RESIGNA- 
 TION. In Scotch law. A form of pro- 
 ceeding by which a vassal authorizes the 
 feu to be returned to his superior. Bell's 
 Diet. It is analogous to the surrender of 
 copyholds in England. Wharton's Lex. 
 
 PROCURATOUR. L. Fr. [from Lat. 
 procurator, q. v.] A proctor ; an agent or 
 attorney for another. Britt. c. 4. Par 
 procuratours ou par haillyfs. Id. c. 42. 
 
 PROCURATRIX. Lat. In old Eng- 
 lish law. A female agent or attorney in 
 fact ; as a mother in behalf of her children. 
 Fleta, lib. 3, c. 4, § 4. 
 
 PROGUREUR. Fr. In French law. 
 An advocate, proctor or attorney. Brande. 
 
 PRODES HOMES. L. Fr. In old 
 English law. Discreet men. A title given 
 to the barons, or other military tenants, 
 who were called to the king's council. 
 Cowell. Artie, sup. Cart. 
 
 PRODIGUS. Lat. In the civil law. 
 A spendthrift or prodigal ; one who spent 
 without measure and without end, [qui 
 neque modum neque finem expensarum ha- 
 het ;) one who squandered or recMessly 
 dissipated his property. Inst. 2. 12. 3. 
 
 PRODUCTIO SECTJE. L. Lat. In 
 old English law. Production of suit ; the 
 production, by a plaintiff, of hisMCta or suit, 
 that is, a number of persons prepared to 
 confirm what he had stated in his count, 
 (or intentio.) This was done at the time 
 of counting, or immediately after, and was 
 
 expressed by the phrase at the end of the 
 count or declaration : " Et inde producit 
 sectam," {and thereupon, or thereof, he pro- 
 duces suit ;) translated in the modern forms : 
 " And therefore he brings suit." JEt inde 
 statim producat sectam suffidentern, duos 
 ad minus, vel tres, vel plures, si possit ; and 
 thereupon he should immediately produce 
 a sufficient suit, two at least, or three or 
 more, if he can. Bract, fol. 410. See 
 Id., 159, 314 b. Steph. PI. 429, and 
 note. 
 
 PRODUCTION OF SUIT. [L. Lat. 
 productio sectce.l In pleading. The for- 
 mula, " And therefore he brings his suit, 
 (fee," with which declarations always con- 
 clude. Steph. PI. 428, 429. See Pro- 
 ductio sectce. 
 
 PROFER. [L. Lat. proferus, profrus, 
 from L. Fr. proferer, to produce.] In old 
 English law. An offer or proffer ; an offer 
 or endeavor to proceed in an action, by 
 any man concerned to do so. Cowell. A 
 judicial offer to do some act. See Pro- 
 ferus. 
 
 A return made by a sheriff of his ac- 
 counts into the exchequer; a payment 
 made on such return. Cowell. See Pro- 
 ferus. 
 
 PROFERT, (he produces;) PROFERT 
 IN CURIA, or CURIAM, (he produces 
 in court.) In old practice. The produc- 
 tion in court, by a party, of an instrument 
 alleged by him in pleading ; or rather, the 
 entry made on the record, that the party 
 so produced the instrument.* 
 
 In modern practice. An allegation for- 
 mally made in a pleading, where a party 
 alleges a deed, that he shows it in court, it 
 being in fact retained in his own custody. 
 Steph. PI. 67. Where either party alleges 
 any deed, he is, in general, obliged to make 
 profert of such deed, that is, to produce it 
 in court simultaneously with the pleading 
 in which it is alleged. Id. 66. On pro- 
 fert beingmade, the deed is, by intendment 
 of law, immediately in the possession of 
 the court. 3 Salk 119. 6 Man. cfe 6V. 
 277, note. Oyer (q. v.) and profert seem 
 to have been abolished in England by the 
 common law procedure act. See 25 Ung. 
 Law & Eq. B. 304. 
 
 PROFERUS, Profrus. L. Lat. [from 
 L. Fr. proferer or profrer, to offer.] In 
 old English practice. An offer or proffer ; 
 an offer made in court ; a judicial offer to 
 do some act. Called, in old English, pro- 
 fer, (q. v.) Si autem proferum quod coram 
 
PEO 
 
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 PRO 
 
 coronatoribus et vie' fecerint, advocaverint 
 coram Justic' ; but if they shall maintain 
 before the justices the offer [to accuse 
 their accomplices] -which they made before 
 the coroners and sheriffs. Fleta, lib. 1, c. 
 38, § 16. Mr. Barrington observes that 
 " the word profrus is a very uncommon 
 one, but signifies the same with the plain- 
 tiff's suit, [secta ;] this is the sense of the 
 French word profre in Britton, which an- 
 swers to the producit se, [offers himself."] 
 Barr. Ohs. Stat. 226. It probably corres- 
 ponded with the obtulit or optulit (qq. v.) 
 of Bracton and Fleta. But it also had a 
 more general sense, as just explained. 
 
 An accounting in the exchequer ; a re- 
 turn made by oflBcers of their accounts 
 into the exchequer. Quod omnes vie', fir- 
 marii, ballivi libertatum, et alii qui ad pro- 
 frum scaccarii venire debent ; that all 
 sheriffs, farmers, bailiffs of liberties and 
 others who ought to come to the profer of 
 the exchequer. Fleta, lib. 2, c. 32, § 2. 
 
 PROFICUUM. L. Lat. In old Eng- 
 lish law. Profit. Profieuum terrce ; profit 
 of land. Hecf. Orig. 95. Gum proficuo 
 exituum ; with the profit of the issues. 
 Fleta, lib. 2, c. TO, § 1. Profieua ; profits. 
 Braet. fol. 49. Hale's Anal. sect. xxiv. 
 3 Man. Gr. & Scott, 92. 
 
 PROFITS. The produce of lands ; as in 
 the phrase " rents, issues and profits." 
 Under this word, it has been held that 
 land itself will pass. Co. Litt. 4 b. Oom. 
 Big. Grant, E. 5. Cro. Miz. 190. 17 
 Johns. R. 548. 
 
 The avails of business ; as of a partner- 
 ship. See Story on Par in. §§ 18 — 29. 
 
 A division sometimes made of incorpo- 
 real hereditaments, as distinguished from 
 easements, which tend rather to the conve- 
 nience than the profit of the claimant. 2 
 Steph. Com. 2. 
 
 PROGENER. Lat. In the civil law. 
 A grandson-in-law. Big. 38. 10. 4. 6. 
 
 PROH^REDES. L. Lat. In old Eu- 
 ropean law. Persons acting for heirs, or 
 in place of heirs. Marculf. lib. 2, c. 17. 
 Spelman. 
 
 Remote heirs. Chart. Alam. n. 50. 
 Spelman. 
 
 PROHIBITION. In practice. A writ 
 to forbid a court from proceeding in a cause 
 depending before it, on the suggestion that 
 the cognizance of such cause does not be- 
 long to it.* Cowell. In England it issues, 
 properly, only out of the court of King's 
 (or Queen's) Bench, but may also be had 
 
 in some cases, out of the Court of Chan- 
 cery, Common Pleas or Exchequer, and 
 may be directed either to inferior courts of 
 common law, or to the courts christian, 
 university courts, or court of admiralty, 
 where they concern themselves with any 
 matter not within their jurisdiction. 3 
 Bl. Com. 112. 3 SUph. Cam. 685. 
 
 In American practice, a similar writ has 
 been adopted. 2 Burr. Pr. 182. 12 
 Grattan's R. 17. 
 
 Fiohibetnr ne quis facial in sno qnod no- 
 cere possit alicno. It is forbidden for any 
 one to do or make on his own land, what 
 may injure another's. 9 Co. 69 a, Aldred's 
 case. 
 
 PROINDE. L. Lat. Therefor. 2 
 Mod. 33. 
 
 PROJECTIO. Lat. [from projieere, to 
 cast up.] In old English law. A throw- 
 ing up of earth by the sea. Used by Sir 
 Matthew Hale as a synonyme of alluvio, 
 (q.V.) 
 
 PROJICERE. L. Lat. In old prac- 
 tice. To cast (an essoin.) Fleta, lib. 6, c. 
 10, § 12. 
 
 PROLES. Lat. Issue; offspring; 
 progeny. Cowell. 
 
 In a stricter sense, issue of a lawful mar- 
 riage. Id. Fortescue de L. L. Anglice, c. 
 89, note. 
 
 PROLETARIUS. Lat. In the Roman 
 law. Of a mean condition. The proletarii 
 included those among the common people 
 (plebs) whose fortunes were below a cer- 
 tain valuation. A. Gell. Noct. Att. lib. 
 xvi. c. 10. Calv. Lex. 
 
 PROLYT^. GriBco-Lat. In Roman 
 law. A name given to students of law in 
 the fifth year of their course ; as being in 
 advance of the Lytae, or students of the 
 fourth year. Brissonius. Calv. Lex. See 
 LytcB. 
 
 PROMATERTERA. Lat. In the civil 
 law. A great-grandmother's sister. In^t. 
 3. 6. 3. 
 
 PROMISE. [Lat. promissio, from pro- 
 mittere, to promiss.] An undertaking or 
 engagement by one person to another, 
 either in words or in writing, to do or not 
 to do some particular thing. Properly, an 
 undertaking by parol, or not under seal ; a 
 promise by deed being technically called a 
 covenant.* 2 Steph. Com. 108. A pro- 
 mise is distinguished from an agreement or 
 contract, by its not importing or implying 
 mutuality ; it being, in other words, an 
 unilateral engagement only. See Contract 
 
PRO 
 
 (345) 
 
 PRO 
 
 Of this quality a common promissory note 
 furnishes a familiar illustration.* The word 
 promise is used to denote the engagement 
 of a person, without regard to the con- 
 sideration for it, or corresponding duty of 
 the other party. Chitty on Contracts, 2. 
 
 PR0MIS8I0. Lat. In old English 
 law. A promise. Promissio rei incertce 
 nullius juris esse reputatur ; a promise of 
 an uncertain thing is held to be of no va- 
 lidity. Fleta, lib. 2, c. 60, § 24. 
 
 PROMISSOR. Lat. [from promittere, 
 to promise.] In the civil law. A promiser ; 
 properly the party who undertook to do a 
 thing in answer to the interrogation of the 
 other party, who was called the stipulator. 
 The stipulator asked, "Promittis?" or, 
 more commonly, " Spondes ?" (Do you 
 promise or engage?) The promissor re- 
 plied, " Prmnitto," (I promise,) or 'f Spon- 
 deo," (I undertake.) Inst. 3. 16. 1. Id. 
 3. 11, pr. See Fleta, lib. 2, c. 60, §§ 24, 
 25. 
 
 PROMISSORY NOTE. Inmerca«tile 
 law. A written promise by one person to 
 another, for the payment of money at a 
 specified time, absolutely and at all events. 
 3 Kenfs Com. V4. — A written engagement 
 by one person to pay another person therein 
 named, absolutely and unconditionally, a 
 certain sum of money, at a time specified 
 therein. Story on Prom. Notes, § 1. — A 
 promise or engagement, in writmg, to pay a 
 specified sum at a time therein limited, or 
 on demand, or at sight, to a person therein 
 named, or to his order, or bearer. Byles 
 on Bills, 1, 4. Otherwise called a note of 
 hand. A promissory note must be for the 
 payment of a sum named, absolutely, and 
 be payable to a particular person. 35 
 Maine R. 364. 23 Mississippi B. 233. 
 13 Georgia iJ. .55. See United States 
 Digest, Promissory note. 
 
 PROMITTERE. Lat. In the civil law. 
 To promise. " Promittis ? Promitto ;" 
 (Do you promise ? I do promise,) was one 
 of the forms of words by which an obliga- 
 tion might be contracted. Inst. 3. 16. 1. 
 But the more common word of engagement 
 was " Spondee," (I undertake.) Id^ ibid. 
 Id. 3. 17, pr. 
 
 PROMOTER. In old English law. A 
 common informer. 3 Inst. 191. Cowell. 
 
 PROMULGARE. Lat. [quasi provul- 
 grare, to publish.] In the Roman law. To 
 make public ; to make publicly known ; to 
 promulge or promulgate. 
 
 Promulgare legem originally signified 
 
 to make the proposal of a law publicly 
 known, in order that every one might be 
 able to take it into consideration, before it 
 was voted upon in the comitia. 1 Mackeld. 
 Civ. Law, 3, § 5. In the time of Justinian, 
 it had acquired its present meaning, — to 
 publish or make known a law, after its 
 enactment. Piooem. Inst. § 1. 
 
 PROMULGATE, [from promulgare, 
 q. v.] To make public ; to make a law 
 known, after its enactment or passage.* 
 1 KenCs Com. 458. Promulge is used by 
 Cowell. 
 
 PROMTS. L. Fr. Promised. A qui 
 certeyne terre soit promys, et dount escriptz 
 sount faitz; to whom certain land is pro- 
 mised, [engaged to be conveyed,] and 
 of which the writings are made. Britt. 
 c. 36. 
 
 PRONEPOS. Lat. In the civil law. 
 A great-grandson. Inst. 3. 6. 1. Dig. 
 38.10.1.5. ^TOc*. fol. 67. 
 
 PRONEPTIS. Lat. In the civil law. 
 A great-g^randdaughter. Inst. 3. 6. 1. 
 Dig. 38. 10. 1. 5. Bract, fol. 67. 
 
 PRONUNCIATIO. Lat. [from ^own- 
 ciare, to pronounce.] In old English law. 
 Delivery of judgment on a verdict. Bract. 
 fol. 289. 
 
 PRONUNCIATION. L. Fr. A sen- 
 tence or decree. Kelham. 
 
 PRONURUS. Lat. In the civil law. 
 The wife of a grandson or great grandson. 
 Dig. 38. 10. 4. 6. Brissonius. 
 
 PROOF. [Lat. probatio, q. v.] The 
 establishment of one or more facts by evi- 
 dence. The satisfactory establishment of 
 the truth or falsity of some alleged matter 
 of fact, by evidence adduced for the pur- 
 pose.* Things established by competent 
 and satisfactory evidence are said to be 
 proved. 1 Greenl. Fvid. | 1. 
 
 That which convinces the mind of a 
 truth. Domat's Civ. Law, part 1, b. 3, tit. 
 6. — That which demonstrates, makes clear 
 or ascertains the truth of a fact or point in 
 issue.* 3 Bl. Com. 367. — Any thing 
 which serves, either immediately or medi- 
 ately, to convince the mind of the truth or 
 falsehood of a fact or proposition. Best on 
 -Evid. 7, § 10. 
 
 The result or effect of evidence. 1 
 Greenl. Evid. § 1. Wills' Ore. Evid. 2. 
 Burr. Circ. Evid. 1, 196. Evidence which 
 produces a satisfactory impression upon the 
 mind, or creates a persuasion or assurance 
 of the truth of the fact sought to be es- 
 tablished. Id. ibid. 
 
PKO 
 
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 PKO 
 
 The result of direct evidence. The word 
 is used in this sense by some of the conti- 
 nental civilians. Poth. Ohlig. part 4, c. 3, 
 sect. 2. J. Voet ad Pand. lib. 22, tit, 3, 
 n. 15. 
 
 Evidence in general. Proof and evi- 
 dence are constantly used in practice, as 
 synonymous, and are sometimes so treated 
 in the books. See Evidence. Properly 
 speaking, however, evidence is only the 
 medium of proof; proof is the effect of 
 evidence. WilW Circ. Evid. 2. 1 Greenl. 
 Evid. § 1. See Evidence, Prove. 
 
 PROPAES. L.Lat. \h.Vv.pourparti.'\ 
 In old English law. Division of lands 
 among parceners; partition. Breve de 
 proparte ; a writ of partition. Bract, fol. 
 276, 278 b. Fleta, lib. 5, c. 6, § 36. 
 
 An allotted share, or pourpart. Cowell, 
 voc. Pourparty. 
 
 PROPATEUUS. Lat. In the civil 
 law. A great-grandfather's brother. Inst. 
 3. 6. 8. Bract, fol. 68 b. 
 
 PEOPER. [Lat. proprius, q. v.J Pe- 
 culiar ; particular ; one's own. In proper 
 person, (in propria persona ;) in one's own 
 person. 
 
 PROPERTY. [Lat. proprietas, from 
 proprius, peculiar, private, one's own.] 
 That which is proper or peculiar to one ; 
 that which belongs to one ; that which is 
 one's own ; that to which one has an 
 unrestricted and exclusive right, including 
 all that is one's own, whether corporeal or 
 incorporeal. Property, in this sense, de- 
 notes the things themselves which are the 
 subjects of right, as in the expressions 
 " real property," " personal property." 
 
 The right by virtue of which a thing 
 belongs to one, or is one's own ; ownership ; 
 dominion ; the unrestricted and exclusive 
 right to a thing ; the right to dispose of the 
 substance of a thing in every legal way, to 
 possess it, to use it, and to exclude every 
 one else from interfering with it. 1 MacJceld. 
 Civ. Law, 269, § 259. The exclusive right 
 of using and disposing of a subject as one's 
 own. BeWs Diet. Tayl. Civ. Law, 476. 
 This is the strict legal sense of the word, as 
 in the expressions "property in land," 
 "property in chattels." Things are re- 
 garded in law not as property, but as the 
 objects of property. 2 Bl. Com. 15. Pro- 
 perty has been judicially defined, the right 
 or interest which one has in lands or chat- 
 tels. Tilghman, C. J. 6 Binney's B. 94. 
 Spencer, C, J. 17 Johns. R. 283. See 1 
 Comstock'sB. 20, 24. 3 Kernan's B. 396. 
 
 The right of property is that sole and de- 
 spotic dominion which one man claims and 
 exercises over the external things of the 
 world, in total exclusion of the right of any 
 other individual in the universe. 2 Bl. 
 Com. 2. The right of property consists in 
 the free use, enjoyment and disposal of all 
 a person's acquisitions, without any control 
 or diminution, save only by the laws of the 
 land. 1 Id. 138. 
 
 Property is the highest right a man can 
 have to any thing; being used for that 
 right which one has to lands or tenements, 
 goods or chattels, which no way depends on 
 another man's courtesy. Spencer, Ch. J. 
 17 Johns. B. 281, 283. As applied to 
 lands, the term includes every species of 
 title, inchoate or complete. It is supposed 
 to embrace those rights which lie in con- 
 tract, those which are executory, as well as 
 those which are executed. Marshall, C. 
 J. 4 PeUrs' i?. 512. 
 
 In old English law, the term property 
 was used in a limited sense, as denoting the 
 ownership of chattels, in contradistinction 
 to estate, which denoted an interest in 
 lands. " The ownership of a chattel per- 
 sonal," says Finch, " is termed a property." 
 Law, b. 2, c. 17. "The right of things 
 personal," says Lord Hale, " is called pro- 
 priety." Anal. sect. xxvi. Propriety, 
 closely following the Lat. proprietas, seems 
 to have been the original form of the word. 
 
 "PROPERTY" is a word of extensive 
 import in wills, and will carry real as well as 
 personal estate, unless associated with words 
 which explain or control it. 1 Jarman on 
 Wills, 658, 663, (566, 570, Perkins' ed.) 
 So, the expression " all my property," will 
 carry an estate of inheritance, if there be 
 nothing in the other parts of the will to 
 limit or control the operation of the words. 
 
 4 Kenfs Com. 535. 
 
 " Property," in a policy of insurance, has 
 been held to include current bank bills 
 owned by the assured, on board the vessel. 
 
 5 Metcalfs B. \. 
 PROPINQUITY, [from L. Lat. jsro- 
 
 pinquus, q. v.] In Scotch law. The 
 relationship which exists among the mem- 
 bers of a family or their descendants. 
 BelVs Diet. 
 
 PROPINQUUS. Lat. In old English 
 law. Near; near of kin. Propinguior 
 excludit propinquum, propinquus remotum, 
 remotus remotiorem ; the nearer [heir] ex- 
 cludes the near ; the near [excludes] the re- 
 mote ; the remote [excludes] the remoter. 
 
PRO 
 
 (347) 
 
 PKO 
 
 Bract, fol. 64. Fleta, lib. 6, c. 1, § 11. 
 Quoted by Lord Coke. Go. lAtt. 10 b. 
 
 PROPIOR SOBRINO, PROPIOR SO- 
 BRINA. Lat. In the civil law. The 
 son or daughter of a great uncle or great 
 aunt, paternal or maternal. Inst. 3. 6. 5. 
 
 PROPIOS (or PROPRIOS.) Span. 
 In Spanish American law. Certain por- 
 tions of ground laid off and reserved, on 
 the foundation of a town, as the unalienable 
 property of the town, for" the purpose of 
 erecting public buildings, martets, &c. or 
 to be used in any other way, under the 
 direction of the niunicipality, for the ad- 
 vancement of the revenues or the pros- 
 perity of the place. 12 Peters' B. 442, 
 note. 
 
 PROPONE, [from Lat. proponere, q. v.] 
 In Scotch law. To state. To propone a 
 defence, is to state or move it. 1 Karnes' 
 JEguity, pref. 
 
 PROPONENT. [Lat. proponens, from 
 proponere, q. v.] In ecclesiastical practice. 
 The title of a party making or propound- 
 ing an allegation. " And the party propo- 
 nent doth allege and propound as before." 
 4 Chitt. Gen. Pr. 170, 171, et seq. 
 
 PROPONERE. Lat. In old English 
 practice. To offer, present or exhibit ; to 
 set forth ; to propound ; Scottice, to pro- 
 pone. After the parties had appeared in 
 court, and the writ had been read and 
 heard, the first step in the proceedings was 
 for the demandant to propound, offer or 
 state his count, (debet petens proponere 
 intentionem suam,) &c. Bract, fol. 255 b. 
 See Id. 266 b, 313 b. Debet sic actionem 
 proponere ; he ought to propound his action 
 thus. Fleta, lib. 2, c. 60, § 21. 
 
 PROPORCITAS, Proportatio. L. Lat. 
 In old records. The purport, tenor or 
 substance of a thing ; a report or relation 
 of a matter. Called proport. Spelman. 
 
 In old Scotch law. A verdict; called 
 the proport or report of the jury or assise. 
 Quon. Attach, c. 68. Skene, in loc. 
 Spelman. 
 
 PROPORTIONALITER. L. Lat. In 
 old English law. Proportionally; in pro- 
 portion. Fleta, lib. 5, c. 9, § 14. 
 
 PROPORTUM. L.Lat. In old records. 
 Purport; intention, or meaning. Cowell. 
 Blount. Carta. Rogeride Quincy, 31 Hen. 
 III. 
 
 PROPOSITUM. Lat. [iioxn. propmere, 
 to purpose, or aim at.] Purpose ; design ; 
 object. Voluntas et propositiim distingnnnt 
 maleficinm. Will and design distinguish 
 
 crime, [are essential to constitute crime.] 
 Bract, fol. 136 b. 
 
 PROPOSITUS. L. Lat. [from propo- 
 nere, to propose.] In the law of descents. 
 The person proposed, [persona proposita ;) 
 the person from whom succession is to be 
 traced or degrees of consanguinity reck- 
 oned. 2 Bl. Com. 224. Id. 254, in 
 table. 
 
 PROPOUND, [from Lat. proponere, 
 q. v.] In ecclesiastical practice. To pre- 
 sent or offer ; to set forth or state. , See 
 Proponent. To propound a will, is to pre- 
 sent it to the proper court for probate. 4 
 Chitt. Gen. Pr. 167, 169. 
 
 PROPRE. L. Fr. [from Lat. proprius, 
 q. v.] Proper ; own. Sa propre persone; 
 his proper person. Briti. c. 121. 
 
 PROPRIEDAD. Span, [from Lat. ^0- 
 prietas.1 In Spanish lay. Property. 
 White's New Recop. b. 1, tit. 7, c. 5, § 2. 
 
 PROPRIETAS. Lat. [from proprius, 
 q. v.] In the civil and old English law. 
 Property ; that which is one's own ; owner- 
 ship. See Property. 
 
 Proprietas plena ; full property, includ- 
 ing not only the title, but the usufruct, or 
 ■exclusive right to the use. Calv. Lex. 
 
 Proprietas nuda ; naked or mere pro- 
 perty or ownership ; the mere title, sepa- 
 rate from the usufruct. Id. ■ 
 
 FToprietas totius navis carinse causam 
 jeqnitur. The property of the whole ship 
 follows the condition of the keel. Big. 6. 
 1. 61. If a man builds a vessel from the 
 very keel with the materials of another, 
 the vessel belongs to the owner of the 
 materials. 2 Kent's Com. 362. 
 
 PROPRIETAS. Lat. In feudal law. 
 Allodial property, as distinguished from 
 beneficium. 1 Rob. Ch. V. App. note viii. 
 
 PROPRIETAS. L. Lat. Propriety; 
 proper meaning or application. Proprietas 
 
 verboruni est salus proprietatum. The pro- 
 priety of words [observance of the proper 
 import of words,] is the safety [salvation, 
 safeguard] of properties. Jenk. Cent. 16, 
 case 28. 
 
 Propiletates verborum servanda snnt. The 
 proprieties of words [proper meanings of 
 words,] are to be preserved or adhered to. 
 Jenk. Cent. 136, case 78. 
 
 PROPRIETY. In old English law. 
 Property. " Propriety in action ; propriety 
 in possession; mixed propriety." Hale's 
 Anal. sect. xxvi. 
 
 PROPRIO VIGORE. L. Lat. By its 
 or their own force, or intrinsic meaning. 
 
PEO 
 
 (348) 
 
 PRO 
 
 2 Powell on Devises, 167. 3 East, 616. 
 1 Id. 33. Cos. temp. Hardwiclce, 113. 
 
 PROPRIUS, Proprium. Lat. Pecu- 
 liar ; private ; proper ; exclusive ; one's 
 own. Proprius servus ; one's own slaye. 
 Inst. 2. 14, pr. Proprius judex ; a proper 
 judge ; one that properly had jurisdictiou. 
 Sometimes called suus judex ; one's own 
 judge. Bract, fol. 401. De proprio vivat; 
 should live on his own means. Fleta, lib. 
 2, c. 71, § 3. 
 
 PROPTER. Lat. On account of; for. 
 
 Propter affectum; on account of bias or 
 favorable inclination. Co. Litt. 156 b. 
 
 Propter defectum; on account of defect, 
 deficiency, or incompetency. Id. ibid. 
 
 Propter delictum ; on account of crime. 
 Id. ibid. 
 
 Ptopter honoris respectum ; on account 
 of respect of honor or rank. Id. ibid. 3 
 £1. Com. 362, 363. , 
 
 Propter defectum sanguinis; on account 
 of failure or deficiency of blood ; as by 
 dying without heirs. 2 Bl. Com. 245. 
 
 Propter delictum tenentis ; on account 
 of the crime of the tenant, as if his blood 
 were attainted. Id. ibid. 
 
 Propter majorem securitatem; for greater 
 security. Tearb. M. 8 Hen. VI. 16. 
 
 Propter smvitiam aut adulterium ; on 
 account of cruelty or adultery. 3 Kent's 
 Com. 125. 
 
 PROPUGNACULUM. Lat. A bul- 
 wark; a defence. Propugnaculum hoere- 
 ditatis ; the fortress or defence of an in- 
 heritance. Bacon's Arg. Case of Im- 
 peachment of Waste; Woi-Ics, iv. 217. 
 
 PROROGATION. InEngUshlaw. The 
 continuance of parliament from one session 
 to another. 1 Bl. Com. 186, 187. 
 
 'PROSECUTE. [La,t: prosequi, q. v.] 
 To follow up ; to carry on an action or 
 other judicial proceeding. 
 
 To proceed against a person judicially ; 
 to proceed against a person criminally. 
 See Prosecution. 
 
 PROSECUTIO. Lat. In old English 
 law. A following up ; pursuit. Fleta, 
 lib. 3, c. 2, § 2. 
 
 PROSECUTION. [Lat. prosecutio, from 
 prosequi, to follow up/] In practice. The 
 following up, or carrying on of a judicial 
 proceeding. 
 
 In a stricter sense, — the carrying on of 
 a judicial proceeding in behalf of a com- 
 plaining party ; as distinguished from de- 
 fmce. See Prosequi. 
 
 In the strictest sense, — the carrying on 
 
 of a criminal proceeding in behalf of the 
 state or government, as by indictment or 
 information. 4 Bl. Com. 301. The state 
 or government, as carrying on such a pro- 
 ceeding. ' 
 
 PROSECUTOR. In criminal law. One 
 who prosecutes another for a crime in the 
 name of the government. 
 
 PROSECUTRIX. In criminal law. A 
 female prosecutor. 
 
 PROSEQUL Lat. In old English law. 
 To follow after; to pursue or prosecute. 
 An action is called by Bracton jus prose- 
 quendi, a right of prosecuting ; and this, 
 he observes, is to distinguish it from an 
 exception, {exceptio, or plea,) by which we 
 do not follow after another, but are rather 
 followed by another, (qua non persequi- 
 mur alium, sed magis ab alio prosequuti 
 [«M»iM«.]) Bract, fol. 98 b. The word in 
 the civil law definition (which Bracton 
 obviously borrowed) is persequeridi. See 
 Actio. What induced this change does 
 not appear, but the substituted word has 
 always maintained its footing in English 
 law, and the common terms prosecute and 
 prosecution, (qq. v.) are clearly framed 
 from it. 
 
 PROSOCER. Lat. In the civil law. 
 A father-in-law's father. Calv: Lex. 
 
 PROSOCRUS. Lat. In the civil law. 
 A wife's grandmother. Dig. 38. 10. 4. 6. 
 
 npoxnnoN, npii^Mv. Gr. In the civil 
 law. Person; a person. Dig. 26. 3. 1. 
 
 PROSPECTUS. Lat. [^om prospicere, 
 to view ; to look before.] In the civil law. 
 Prospect; the view of external objects. 
 Dig. 8. 2. 3, 15. It was distinguished 
 from lumen. Id. ibid. 16. 
 
 PROSTERNERE. Lat. In old English 
 law. To throw down ; to break or pull 
 down ; to abate. Prostratus, thrown down. 
 Fleta, lib. 4, c. 1, § 19. 
 
 npQTA, npMTo. Gr. The name given to 
 the first part of the Digests or Pandects, 
 comprising the first four books. Dig. 
 Prooem. {De Conf. Dig.) § 2. Cod. 1. 
 17. 2,.§ 2. 
 
 PROT^CTIO. Lat. [hom protegere, to 
 cover or shelter.] Protection ; defence ; 
 shelter from wrong ; support of right. 
 
 Frotectio trahit subjectiouem, et snbjectio 
 
 protectionem. Protection draws with it 
 subjection, and subjection protection. 7 
 Co. 5 a, Calvin's case. The protection of 
 an individual by government is on condi- 
 tion of his submission to the' laws ; and 
 such submission, on the other hand, entitles 
 
PEO 
 
 (349) 
 
 PRO 
 
 the individual to the protection of the 
 government. Broom's Max, 35. 
 
 PROTECTION. In English law. A 
 writ hy which the king might, by a special 
 prerogative, privilege a defendant from all 
 personal and many real suits for one year 
 at a time, and no longer, in respect of his 
 being engaged in his service out of the 
 realm. 3 Bl. Com. 289. See Heff. Orig. 
 22 b. F.N.B.'iS, B. Now disused. 
 
 PROTECTION. In maritime law. A 
 certificate given by a public notary to a 
 seaman, certifying that the bearer named 
 therein is a citizen of the United States. 
 
 PROTECTOR OF SETTLEMENT. In 
 English law. An appellation given, under 
 the late statute of 3 & 4 Will. IV. c. 74, 
 to the person who, in family settlements, 
 is the owner of the first estate of freehold 
 prior to an estate tail, and whose consent 
 is necessary to enable the tenant in tail to 
 bar an ulterior estate, that is, an estate 
 taking effect on the determination of the 
 estate tail.* 1 Steph. Com. 237, 533. 
 
 PROTEST. A solemn declaration 
 against an act about to be done, or 
 already done, expressive of disapproba- 
 tion or dissent; or made with the view of 
 preserving some right which, but for such 
 declaration, might be taken to be relin- 
 quished, or of exonerating the party pro- 
 testing from some liability which might 
 otherwise attach to him. See 1 Bl. Com. 
 168. 
 
 In mercantile law. A formal statement 
 in writing by a public notary, under seal, 
 that a certain bill of exchange or promis- 
 sory note (describing it,) was, on a certain 
 day, presented for payment or acceptance, 
 and that such payment or acceptance was 
 refused, whereupon the notary protests 
 against the parties for the loss or damage 
 which may arise therefrom. See Story 
 on Bills, § 276, and note. 3 Kent's 
 Com. 93. 9 Metcalfs R. 174. 1 Com- 
 stock's JR. 186. 1 Wisconsin E. 264. 
 United States Digest, Promissory note. — 
 A solemn declaration written by the no- 
 tary, under a fair copy of the bill, stating 
 that the payment or acceptance has been 
 demanded and refused, the reason, if any, 
 assigned, and that the bill is therefore pro- 
 tested. Grier, J. 17 Howard's R. 607. 
 The court in this case decided that a mis- 
 take in copying or deciphering the abbre- 
 viations and flourishes with which the 
 Christian name of the acceptor's agent is 
 enveloped, does not vitiate the protest. 
 
 Although, in a technical sense, the term 
 protest means only the formal declaration 
 drawn up and signed by the notary, yet, 
 as used by commercial men, it includes all 
 the steps necessary to charge an endorser. 
 2 Ohio R. (N. S.) 345. 
 
 A declaration made by the master of a 
 vessel before a notary, consul or other 
 authorized officer, at the first port reached 
 after some damage sustained by stress of 
 weather, stating the particulars, and show- 
 ing that the damage was not occasioned 
 by his misconduct or neglect ; or, in other 
 words, giving a circumstantial account of 
 the accidents which have occurred, and 
 protesting against them. This is called 
 noting the protest, which is afterwards 
 extended, that is, set forth in writing in 
 full detail, sworn to by the master and offi- 
 cers, and attested by the notary. Jacobsen's 
 Sea Laws, 373. 3 Kent's Com. 213, note. 
 
 PROTESTANDO. L. Lat. Protest- 
 ing. The emphatic word formerly used 
 in pleading by way of protestation. -3 Bl. 
 Com. 311. See Protestation. 
 
 PROTESTATION. In pleading. An 
 oblique allegation or denial of some fact, 
 protesting, (^proiestando,) that such a mat- 
 ter does or. does not exist, and at the same 
 time avoiding a direct affirmative or de- 
 nial. 3 Bl. Com. 311. Where the pleader 
 passed over, without traverse, any travers- 
 able fact alleged, and at the same time 
 wished to preserve the power of denying 
 it in another action, he made, collaterally 
 or incidentally to his main pleading, a de- 
 claration importing that this fact was un- 
 true, which was called a protestation, and 
 it had the effect of enabling the party to 
 dispute in another action the fact so pass- 
 ed over. Steph. PL 235, (Am. ed. 1824.) 
 This formula was abolished in English 
 practice by Rule Hil. T. 4 Will. IV. 
 
 " PROTESTED FOR NON-PAY- 
 MENT." These words, in mercantile law, 
 have come to have a technical meaning. 
 In them is included riot only the idea that 
 the bill is past due, but that payment of it 
 has been demanded ; and not being paid, it 
 is therefore dishonored. They mean that the 
 process necessary to dishonor the bill to 
 wit, demand, refusal of payment and the 
 drawing up of a formal protest, has been 
 gone through with. All this is included 
 m and meant by the term "protested " 
 2 Douglas' (Mich.) R. 425, cited in 1 Wis- 
 consin R. 264, 278. 
 
 PROTHONOTARY, Protonotary, Pro- 
 
PEO 
 
 (350) 
 
 PRO 
 
 notary, Prdgnothory, [L. Lat. protcmota- 
 riuSf from Gr. irpSros, first, and Lat. notarius, 
 a notary, prixnotariui.^ A chief clerk in 
 the English courts of King's Bench and 
 Common Pleas ; (literally, a chief notary.) 
 Cowell. Spelman, voc. Protonotarius. 1 
 Tidd^s Pr. 43, 45, 47. This office was 
 abolished on the establishment of the 
 modem office of masters, (qj v.) Stat. 7 
 Will. IV. and 1 Vict. c. 30. 
 
 The chief clerks of some American courts 
 are called prothonotaries. 
 
 PROTOCOL, [from L. Lat. protocollum, 
 q. v.] The first draught, or rough minutes 
 of an instrument or transaction ; the origi- 
 nal copy of a despatch, treaty or- other 
 document. Brande. 8 Texas S. 210. See 
 Protocollum. Protocols are sometimes 
 called ''matrixes of title." 7 Texas P. 359. 
 
 In old Scotch practice. A book, mark- 
 ed by the clerk-register, and delivered to a 
 notary on his admission, in which he was 
 directed to insert all the instruments he 
 had occasion to execute ; to be preserved 
 as a record. Bell's Did. 
 
 PROTOCOLLUM. GrsBco-Lat. [Gr. 
 irpuTOKoXXov.] In the civil law. A brief 
 note or memorandum of a transaction made 
 by a notary, for the purpose of being after- 
 wards extended or written out in full, {quod 
 breviter et succincte notatur a tahellione, ut 
 extendi deinde atque dbsolvi possit.) Galv. 
 Lex. A hasty note of a transaction, as it 
 were prima collectio rerum, the first getting 
 together of matters. Id. Derived, ac- 
 cording to some, from Gr. ufaras, first, and 
 KoXXa, glue or wax, referring to the wax 
 spread over the tablets used for writing ; 
 or, according to others, from kSKov, a mem- 
 ber, being the first member or part of the 
 writing. Id. 
 
 Protocollum, (Gr. irpuroicoXXov,) among the 
 Romans seems to have originally signified 
 a formal caption or heading of instruments 
 drawn by tabelliones, (notaries ;) or, more 
 particularly, a writing at the head of the 
 paper used by these officers, containing the 
 name of the com^s sacrarum largitionum, 
 (chief officer of the imperial treasury,) and 
 the time when the instrument was made. 
 Nov. 44. It seems to have served the 
 purpose of an official stamp. In the forty- 
 fourth Novel, the tabelliones are forbidden 
 to write their instruments upon any other 
 paper than such as contained this protocol- 
 lum at the head. 
 
 PROTOCOLO. Span. In Spanish law. 
 The original draft or writing of an instru- 
 
 ment which remains in the possession of 
 the escribano, or notary. Whitens New Re- 
 cop, lib. 3, tit. 7, c. 5, § 2. Id. § 3, note. 
 
 PROUT. As. ProMi he declared. 12 
 Mod. 25. Prout maris est; as is the 
 custom (or practice of the court.) 3 How. 
 St. Trials, 112, 113. CaUed "a word of 
 reference." Id. 6. Prout lex postulat ; 
 as the law requires. Vaugh. 260. 
 
 PROUT PATET PER RECORDUM. 
 L. Lat. As appears by the record ; as ap- 
 pears of record. Words of reference to a 
 record, used in old pleadings and entries. 
 T. Raym. 50. 1 Ld. Raym. 93. Comb. 
 299. 11 East, 565. Otherwise expressed, 
 prout constat per recordum. 2 (Satt. 428. 
 
 PROVABLE. L. Fr. Provable ; jus- 
 tifiable ; manifest. Kelham. Provable- 
 ment ; plainly. Id. 
 
 PROVE, [from L. Fr. prover ; from 
 Lat. probare, to prove.] To establish by 
 evidence ; to make out a case or claim by 
 evidence. "Proof generally shall be in- 
 tended by a jury ; and making it appear 
 and proving are the same thing." Freem. 
 53. See Proof. 
 
 PROVER. [L. Lat. prohator.] In old 
 English law. A person who, on being in- 
 dicted of treason or felony, and arraigned 
 for the same, confessed the fact before plea 
 pleaded, and appealed or accused others 
 his accomplices in the same crime, in order 
 to obtain his pardon. 4 Bl. Com. 329, 330. 
 
 ■PROVER. L. Lat. [from Lat. probare.'\ 
 In old English law. To prove ; to estab- 
 lish or make good. Prist a prover par 
 son cors ; ready to prove by his body. 
 Britt. c. 22. Prest de prover en toutz les 
 maneres que la court vodra agarder ; ready 
 to prove in all manners that the court shall 
 award. Id. ibid. Et si la chartre et le 
 done soient dedits, soient proves, et si elz 
 soient proves, ikc. ; and if the charter and 
 the gift be denied, they shall be proved, 
 and if they be proved, &c. Id. c. 93. 
 
 PROVIDED ALWAYS. [L. Lat. pro- 
 viso semper-l Words by which a proviso 
 in deeds is most properly introduced. Cro. 
 Car. 128. See Proviso. The word " pro- 
 vided" will constitute a condition. 21 Ala- 
 bama R. 89. 
 
 PROVIiSrCIA. L. Lat. In old Eng- 
 lish law. A county. Spelman. Meta, 
 lib. 2, c. 72, § 1. Id. lib. 4, c. 5, § 4. 
 
 PROVINCIAL CONSTITUTIONS. In 
 English? law. The decrees of provincial 
 synods held under the divers archbishops 
 of Canterbury, from Stephen Langton, in 
 
PRO 
 
 (351) 
 
 PRU 
 
 the reign of Hen. III. to Henry Chichele, 
 in the reign of Henry V. and adopted also 
 by the province of York in the reign of 
 Henry VI. 1 Bl. Com. 83. These con- 
 stituted a part of the canon law of Eng- 
 land. Id. ibid. 
 
 PROVINCIAL COURTS. In English 
 law. The several archi-episoopal courts in 
 the two ecclesiastical provinces of England. 
 
 PROVINCIALIS. Lat. In the civil 
 law. One who has his domicil in a province, 
 (provincia.) Dig. 50. 16. 190. 
 
 PROVING OF THE TENOR. In 
 Scotch practice. An action for proving the 
 tenor of a lost deed. BelVs Diet. 
 
 PROVISIONE VIRI. Lat. By pro- 
 vision of the husband. 12 East, 209, arg. 
 
 PROVISO. Lat. In old conveyancing. 
 Provided. A word by which a condition 
 might be created. Litt. sect. 329. Shep. 
 Touch. 121, 122. 
 
 Proviso est providere prssentia et fntura, 
 non prffiterita. [The office of] a proviso 
 is to provide for the present and future, 
 not the past. 2 Go. 72. 
 
 PROVISO. In conveyancing. A con- 
 dition inserted in a deed, on the observance 
 whereof the validity of the deed depends. 
 Cowell. So called from its initial words 
 in the old Latin forms : Proviso iemper 
 quod, &c. ; " Provided always, that," &c. 
 See Proviso, supra. 
 
 A clause or part of a clause in a statute, 
 the office of which is either to except 
 something from the enacting clause, or to 
 qualify or restrain its generality, or to ex- 
 clude some possible ground of misinter- 
 pretation of its extent. Story, J. \5 Peters' 
 B. 445. 
 
 PROVISO, Trial hy. In English prac- 
 tice. A term applied to a trial where it is 
 brought on by a defendant, which may be 
 done in cases where the plaintiff, after issue, 
 neglects to proceed to trial according to 
 the course and practice of the court. In 
 trials of this kind, the defendant gives no- 
 tice of trial, mak«s up the nisi prizes re- 
 cord, and issues jury process. The term 
 proviso is derived from a proviso contained 
 in the venire or distringas to the sheriff, 
 that if two writs shall come to his hands, 
 he shall execute one of them only. 3 £1. 
 Com. S5l. 2 Tidd's Pr. T60, 761. 
 
 PRO VISOR. L. Lat. In old English 
 law. A provider, or purveyor. Spelman. 
 One who made interest for some ecclesias- 
 tical appointment in advance, or before 
 there was a vacancy. See the Statute of 
 
 Provisors, 25 Edw. III. st. 6. Mr. Har- 
 rington observes that the word might not 
 be improperly rendered a provident looker- 
 out. Obs. Stat. 276, note {^.] 
 
 PRO VISUM EST. Lat. It is provided. 
 Initial words of provisions in old statutes. 
 Stat. Marlb. c. 1. 
 
 PROVOST. L. Fr. [L. Lat. proposi- 
 tus.^ The overseer of a manor. LL. Gul. 
 Crniq. 1. 6. 
 
 PROVOURS. L.Fr. Provers. Stat. 
 Westtn. 1, c. 15. See Prover. 
 
 PROWE, Prou, Preue, Preu, Pru. 
 L. Fr. Profit ; benefit ; advantage. ICel- 
 ham. See Pru. 
 
 PROX' SEQUEN'. An abbreviation of 
 proximo sequente, (next following.) Com. 
 232 
 
 PROXENENTA. Graeco-Lat. [fromGr. 
 irpofmi/TSf, an interpreter, or negotiator of 
 bargains.] In the civil law. A broker ; 
 one who negotiated or arranged the terms 
 of a contract between two parties, as be- 
 tween buyer and seller ; one who negotiated 
 a marriage ; a match-maker. Big. 50. 14. 
 2. Calv. Lex. Budceus Comm. Ling. 
 OrcBc. cited ibid. 
 
 PROXIES. In English law. Yearly 
 payments made by parish priests to their 
 bishop or archdeacon, on account of visita- 
 tion. Cowell. 
 
 PROXIMUS. Lat. Next. Proximus 
 est ciii nemo antecedit; supremus est quern 
 nemo sequitur. He is next whom no one 
 precedes ; he is last whom no one follows. 
 Dig. 50. 16. 92. See Id. 50. 16. 155. 
 
 PROXY. [Lat. procurator, q. v.] One 
 who represents another ; one who acts for, 
 and in place of another. 
 
 One who is appointed or deputed by 
 another to vote for him. Members of the 
 House of Lords in England have the privi- 
 lege of voting by proxy. 1 Bl. Com. 168. 
 
 In American law, it has been held that 
 the members of a corporation are not 
 entitled to vote by proxy at elections of 
 officers, unless authorized by the act of 
 incorporation. 2 Greenes (N. J.)i?. 233. See 
 1 Paige's R. 598. 2 Kents Com. 295, note. 
 
 PROXY. In English law. The written 
 appointment of a proctor in suits in the 
 ecclesiastical courts. 4 Chitt. Gen Pr 
 141, 162, 164. 
 
 PRU. L. Fr. In old English law. Pro- 
 fit; benefit; advantage. Pur le pru de 
 soen roiaume ; for the benefit of his king- 
 dom. Artie, sup. Cart. 
 
 PRUDES HOMES. L. Fr. In old 
 
PUB 
 
 ( 352) 
 
 PUD 
 
 English law. Discreet men. A term ap- 
 plied to jurors. Britt. c. 58. Prudomes; 
 great men. Kelham. Prwrfwrn ; an honest 
 man. Id. The two last forms are obvious 
 corruptions. 
 
 PRUNARIUS. L.Lat. In old English 
 law. A plum tree. Fleta, lib. 2, c. 82, 
 §2. 
 
 PEUSCHAINE. L. Fr. Next. A 
 corruption of prochein. Pruschanement 
 passes ; last past. Kelham. 
 
 PSYCHOLOGICAL FACT. In the 
 law of evidence. A fact which can only 
 be perceived mentally ; such as the motive 
 by which a person is actuated. Burr. Circ. 
 Evid. 130, 131. 
 
 PTOCHOTROPHUS. Grseco-Lat. [Gr. 
 
 rTii>xaTp6(pas, from r7-a);^«, pOOr, and Tfcipoi, to 
 
 maintain.] In the civil law. One who 
 had charge of maintaining the poor. Cod. 
 1. 3. 46. 3, et in tit. iVbw. 1, c. 1. 
 
 PUBERTY. [Lat. pubertas.] The age 
 of fourteen in males and twelve in females, 
 when they are held fit for, and capable of 
 contracting marriage. Otherwise called 
 the age of consent to marriage. 1 £1. 
 Com. 436. 2 ICenfs Com. 78. These 
 periods are derived from the civil law. 
 Inst. 1. 22, pr. See Taylor^s Civ. Law, 259. 
 
 PUBLIC ACT or STATUTE. An 
 universal rule or law that regards the 
 whole community, and of which the courts 
 of law are bound to take notice judicially 
 and ex oj^cio, without its being particularly 
 pleaded. 1 £1. Com. 86. See 1 Kenfs 
 Com. 459. 
 
 PUBLIC CORPORATION. A cor- 
 poration created by governmentfor political 
 purposes, as a county, a city, a town or 
 village. 2 Kents Com. 275. See Muni- 
 cipal corporation. A bank created by the 
 government for its own uses, and where 
 the stock is exclusively owned by the gov- 
 ernment, is a public corporation. 2 Kents 
 Com. uh. sup. 
 
 PUBLIC HOUSE. A house intended 
 for public purposes. A term frequently 
 used in statutes against gaming. See 9 
 Texas R. 430. A distinction is sometimes 
 made between a "public house" and a 
 " public place." 26 Alabama JS. 69. A 
 lawyer's ofBce, though a " public house," 
 within the statute against gaming, is not a 
 "public place." Id. 135. 25 Id. 60. A 
 physician's office is not a " public place." 
 Id. 78. 
 
 PUBLIC PLACE. See Public house. 
 And see 22 Alabama B. 15. 
 
 PUBLIC RIVER. A river where there 
 is a common navigation exercised ; other- 
 wise called a navigable river, 1 Crabb's 
 Peal Prop. Ill, § 106. See Navigable 
 river. 
 
 PUBLIC WRONGS. Violations of pub- 
 lic rights and duties which affect the whole 
 community, considered as a community ; 
 crimes and misdemeanours. 3 Bl. Com. 
 2. 4 Id. 1. 
 
 PUBLICANUS. Lat. In the Roman 
 law. A farmer of the customs ; a publican, 
 {qui publico fruitur.) Z>yr. 39. 4. 1. Id. 
 50. 16. 16. ' Calv. Lex. 
 
 PUBLICATION. In- equity practice. 
 The making public the depositions taken 
 in a suit, which have previously been kept 
 private in the office of the examiner. 
 
 Publication is said to pass when the de- 
 positions are so made public, or openly 
 shown, and copies of them given out, in 
 order to the hearing of the cause. 3 Bl. 
 Com. 450. 
 
 PUBLICATION. In the law of wills. 
 The formal declaration made by a testator 
 at the time of signing his will, that it is 
 his last will and testament. 4 Rents 
 Com. 515, and note. This has been dis- 
 pensed with in England, by statute 1 Vict, 
 c. 26. 
 
 PUBLICATION. In the law of libel. 
 A making public ; a making known to the 
 public. The communication of a libel to 
 any one person is a publication. 4 Bl. 
 Com. 150. And see 2 W. Bl. 1037, 
 1038. 
 
 PUBLICI JURIS. Lat. Public pro- 
 perty ; matter of public or common right. 
 2 Kenfs Com. 379. See Juris publici. 
 
 PUBLICUM JUS. Lat. In the civil 
 law. Public law ; that law which regards 
 the state of the commonwealth, ( quod ad 
 statum rei Romance spectat.) Inst. 1. 1. 4. 
 
 PUBLICUS. Lat. In the civil and old 
 English law. Public. Flumina omnia et 
 portus publica sunt ; all rivers and harbors 
 are public. Inst. 2. 1. 2. Biff. 1. 8. 4. 1. 
 Bract, fol. 8. Riparum quoque usus pub- 
 licus est ; the use of banks of rivers is also 
 public. Inst. 2. 1. 4. Big. 1. 8. 6, pr. 
 Bract, fol. 8. Bracton makes a distinction 
 between public and common. Id. ibid. 
 See Common. 
 
 PUDZELD. In old English law. Sup- 
 posed to be a corruption of the Sax. wud- 
 geld, (woodgeld) ; a freedom from payment 
 of money for taking of wood in anv forest. 
 Co. Litt. 233 a. 
 
PUI 
 
 (353) 
 
 PUN 
 
 PUE. L.Fr. A little. JZpueetpue; 
 by little and little. Kelham. 
 
 PUEBLO. Span, [from Lat. populus, 
 people.] In Spanish law. People ; all the in- 
 habitants of any country or place, without 
 distinction. Las Partidas, part 1, tit. 2, 1. 5. 
 
 A town ; township or municipality. 
 White's New Recap, b. 3, tit. 1, c. 6, § 4. 
 Schmidts Civ. Law, 44, 185. 
 
 PUER. Lat. In the civil law. A 
 child ; one of the age from seven to four- 
 teen. In this sense, the term included a 
 
 ga\, {puella.) Zli^. 50. 16. 163. 1. /<i. 204. 
 
 A boy, as distinguished from a girl. Id. 
 ibid. 
 
 A servant. Id. ibid. 
 
 PUERI. Lat. [pi. of puer, q. v.] Chil- 
 dren. Pueri sunt de sanguine parentum, 
 sed pater et mater non sunt de sanguine pu- 
 erorum ; children are of the blood of their 
 parents, but the father and mother are not 
 of the blood of the children. 3 Go. 40 a. 
 
 PUERITIA. Lat. [itom puer, a child.] 
 In the civil law, Childhood ; the age from 
 seven to fourteen. Tayl. Civ. Law, 259. 
 4 Bl. Com. 22. 
 
 PUET,Pmj<. L.Fr. May; might, //puet 
 estre ; it may be, or mis;ht be. Kelham. 
 
 PUIS, Puys, Pues, Pus, Puz. L. Fr. 
 After ; since ; afterwards. Kelham. 
 
 PUIS DARREIN CONTINUANCE. 
 L. Fr. Since the last continuance. The 
 name of a plea which a defendant is allow- 
 ed to put in, after having already pleaded, 
 where some new master of defence arises 
 after issue joined ; such as payment, a re- 
 lease by the plaintiflF, the discharge of the 
 defendant under an insolvent or bankrupt 
 law, and the like. 3 Bl. Com. 316. 2 
 Tidd's Pr. 847. 1 Burr. Pr. 232. So 
 called with reference to the ancient prac- 
 tice of continuing a cause by formal entries 
 on the record, the matter of defence being 
 stated to have arisen since the last continue 
 aiice of the cause. Steph. PI. 64. The 
 entry of continuances having been abolish- 
 ed in English practice, the plea is now com- 
 monly denominated a plea to the further 
 maintenance of the action. Id. 65. A 
 plea puis darrein continuance is a waiver 
 of all previous pleas. 1 Burr. Pr. 424. 
 26 Vermont H. 305. 
 
 PUISNE, Puisnee, Pune. L. Fr. In 
 English law. Younger. Taunt avera ^usjxe 
 Jite que Veyne ; the younger son shall have 
 as much as the elder. Britt. c. 119. Le 
 pusne frere. Id. ibid. 
 
 The title by which the justices and bar- 
 VoL. IL 23 
 
 ons of the several common law courts at 
 Westminster are distinguished from the 
 chief justice and chief baron. 
 
 Later in time. " A ^ut«n« incumbrance." 
 3 Bep. in Ch. 62. "K puisne incumbran- 
 cer." 2 P. Wms. 495. "A. puisne judg- 
 ment creditor." Id. ibid. 
 
 PULSARE. Lat. In the civil law. To 
 beat, without giving pain. See Pulsatio. 
 
 To accuse or charge ; to proceed against 
 at law. Calv. Lex, 
 
 PULSATIO. Lat. In the civil law. 
 Beating without pain. Blackstone trans- 
 lates it pulsation. " The Cornelian law de 
 injuriis prohibited pulsation as well as ver- 
 beration, distinguishing verberation, which 
 was accompanied with pain, from pulsa- 
 tion, which was attended with none." 3 
 Bl. Com. 120. Big. 4Y. 10. 5. 1. 
 
 PULVIS TORMENTARIA. L. Lat. 
 In old law. Grunpowder. Loccen. de Jur. 
 Mar. lib. 3, c. 5, § 6. Id. lib. 3, c. 10. 
 
 PUNCTUM. Lat. A point ; an indivisi- 
 ble point of time. See Punctum temporis. 
 A quarter of an hour, according to the 
 old computation. Ten moments {momenta) 
 made a point, (punctum,) and four points 
 an hour. See Momentum. 
 
 PUNCTUM TEMPORIS. Lat. A 
 point of time, an indivisible period of time ; 
 the shortest space of time ; an instant. 
 Calv. Lex. 
 
 A point or period from which a compu- 
 tation of time is made. 2 AlisorHs Cr. 
 Pract. 188. 
 
 PUNCTURED WOUND. In medical 
 jurisprudence. A wound made with an 
 object having a sharp cutting point ; a stab. 
 See Tayl. Med. Jur. 185. 
 
 PUNDBRECH. Sax. [from pund, 
 pound, and hrech, breach or breaking.] In 
 old English law. Pound-breach; the offence 
 of breaking a pound, [parci fractura.) LL. 
 Sen. L c. 40. The illegal taking of cattle 
 out of a pound by any means whatsoever. 
 Cowell. 
 
 PUNDFULDA, Pundfalda. L. Lat. In 
 old records. A pound-fold or pinfold ; a 
 pound. Cowell. 
 
 PUNIR. L. Fr. [from Lat. punire.] 
 To punish. Puni, puny ; punished. Kt 
 que tort avera soit puny ; and he who shall 
 have [done] wrong shall be punished. 
 Britt. c. 6 8. Puny s par prison et par feyn; 
 punished by imprisonment and by fine. 
 
 Id. c. 4. 
 
 PUNITIVE DAMAGES. In practice. 
 Damages given by way of punishment; 
 
PUR 
 
 (354) 
 
 PUR 
 
 exemplary or vindictive damages.' 13 How- 
 ariTs R. 311. In common parlance, " smart- 
 money." 
 
 PUPILLARITY. [from Lat. pupiUus, 
 q. v.] In Scotch law. That period of mi- 
 nority from the birth to the age of fourteen 
 in males, and twelve in females. Bell's Diet. 
 
 PUPILLUS. Lat. In the civil law. 
 A male ward or infant under the age of 
 puberty ; a person under the authority of a 
 tutor, (q. V.) Pupilla ; a female ward. 
 Inst. 1. 20. 1. Dig. 26. 1. 3. See Id. 50. 
 16. 239. Sometimes translated pupil, as 
 in Scotch law. 2 Suiinton's R. 532. 
 
 Pnpillus pati posse non intelligitur. A 
 pupil or infant is not supposed to be able 
 to suffer, that is, to do an act to his own 
 prejudice. Dig. 50. 17. 110. 2. 2 Kenfs 
 Com. 245. 
 
 PUPILLARIS SUBSTITUTIO. Lat. 
 In the civil law. Pupillar substitution ; 
 the substitution of an heir to a pupil or in- 
 fant under puberty. The substitution by 
 a father, of an heir to his children under 
 his power, disposing of his own estate 
 and theirs, in case the child refused to ac- 
 cept the inheritance, or died before the age 
 of puberty. Hallifax, Anal.h. 2, c. 6, num. 
 63. It was expressed in the following 
 form: Titius filius hceres mihiesto; et si 
 filius mihi hceres non erit, sive hceres erit, 
 et prius moriatur quam in suam tutelam 
 venerit, tunc Seius hceres esto ; let Titius, 
 my son, be my heir, and if my son will 
 not be my heir, or if he become heir and 
 dies before arriving at puberty, let Seius 
 be my heir. Inst. 2. 16, pr. Dig. 28. 6. 
 
 PUR AUTRE VIE. L. Fr. For an- 
 other's life. 2 £1. Com. 120, 183. 
 
 PUR CEO QUE. L. Fr. [L. Lat. pro 
 eo quod.^ Literally, for this that ; foras- 
 much as ; inasmuch as ; considering that ; 
 because. JEt pur ceo que damage purra 
 avener a nous ; and forasmuch as damage 
 may happen to us. Britt. c. 68. A com- 
 mon phrase in the old books, where a reci- 
 tal is made, or reason assigned. Sometimes 
 vf ritten pur coe he. Conf. Oariar. 25 Edw. I. 
 
 PUR TANT QUE. L. Fr. Foras- 
 much as ; because ; to the intent that. L. 
 Fr. Diet. KelKam. 
 
 PURALLE, Puraille, Poral, Purlieu. 
 L. Fr. Perambulation. Kelham. The 
 borders of a forest or chase. L. Fr. Diet. 
 
 PURCHASE, Purchas, Pourchas. L. 
 Fr. Acquisition. " De Purchas" is the 
 title of the thirty-third chapter of Britton, 
 in which he treats of the acquisition of 
 
 title to property by occupancy; as by the 
 taking of wild beasts, fish, bees, <fec. ; by 
 accession and other modes. Al purchas 
 de choses corporeles ne suffist nul don sauns 
 le bail de la seisine ; for the acquisition of 
 corporeal things, no gift is sufficient, with- 
 out delivery of seisin. Britt. c. 33. 
 
 Purchase ; acquisition of lands by con- 
 veyance. Id. c. 35, 36. 
 
 An estate itself, so acquired by purchase. 
 Ascune foitz returne purchas al donour ; 
 sometimes a purchase shall return to the 
 donor. Id. c. 37. 
 
 PURCHASE. [L. Fr. purchas; L. Lat. 
 perquisition] In the law of real property. 
 Acquisition of lands or tenements by any 
 other means than by descent or inheri- 
 tance.* The possession of lands and tene- 
 ments which a man hath by his own act or 
 agreement, and not by descent from any 
 of his ancestors or kindred. Litt. sect. 
 12. 9, Bl. Com. '2,4:1. Id. ^01. % Wooddes. 
 Led. 150. — Acquikition by a party's own 
 act, as distinguished from acquisitioti by 
 act of law.* Purchase properly includes 
 every lawful mode of coming to an estate 
 by the act of a party, as opposed to the 
 act of law. 1 Sieph. Com. 355. This is 
 the definition and division adopted by Mr. 
 Stephen, who observes that it is impossible 
 to reduce all titles to the alternative of de- 
 scent or purchase, (the division of Black- 
 stone) and that as to escheat, more particu- 
 larly, (which is usually classed under the 
 head of purchase^ it seems clear that it is 
 neither the one nor the other. 1 Steph. Com. 
 354, note (c.) The latter view, which has 
 been adopted from Mr. Hargrave, seems to 
 be fully sustained by the vfords of Littleton 
 himself, — " which a man hath by his own 
 act or agreement." Litt. sect. 12. See 2 
 Chitt. Bl. Com. 201, notes. And it is ex- 
 pressly approved by Chancellor Kent. 4 
 Kenfs Com. 373. 
 
 The radical meaning of the word pur- 
 chase is well illustrated by the use of the 
 L. Fr. purchas, (from which it is immedi- 
 ately taken) in the old books. Thus, Britton 
 speaks of purchasing (acquiring) a thing 
 by occupancy. Purchase may be made, he 
 observes, by the shutting up of fish, and 
 other wild animals, as of bees ; [purra len 
 purchaser par enclostrure de pessons, et de 
 autre sauvagine, sicome des ees.) Britt. c. 
 33. See Purchas. 
 
 PURCHASE. In the law of contracts. 
 Acquisition by a person's' own act ; the 
 acquisition of property for a, consideration, 
 
PUR 
 
 (355) 
 
 PUR 
 
 consisting generally of money. See Pur- 
 chase money. 
 
 PURCHASE MONEY. In the law of 
 contracts. The consideration or price paid, 
 or agreed to be paid, in money, by the pur- 
 chaser of property, especially of real estate. 
 
 PURCHASER. [L. Fr. purchasour ; 
 L. Lat. perquisitor.~\ A person who ac- 
 quires an estate in lands by his own act or 
 agreement ; a person who takes, or comes 
 to an estate, in any other manner than by 
 inheritance. See Purchase. 
 
 One who acquires property by sale, or for 
 a consideration ; a buyer, (Lat. emptor.) 
 
 PURE. [Lat. purus ; L. Fr. pure, puyr.'] 
 Clear ; simple ; unmixed or unqualified. A 
 pure feoffment was distinguished from a 
 conditional one. Britt. c. 39. 
 
 PURE VILLENAGE. [L.Lat. purum 
 villenagium.'] In old English law. That 
 kind of villenage where the service per- 
 formed was uncertain and indeterminate, 
 the tenant not knowing at evening what 
 service he would have to do in the morn- 
 ing, (ubi sciri nontpoterit vespere quale 
 servitium fieri debet mane;) or, in other 
 words, where he was bound to do what- 
 ever was commanded him. Bract, fol. 26. 
 
 PURGARE. Lat. In the civil law! To 
 clean, cleanse or scour, as a ditch, trench or 
 sewer, Big. 43. 21.1. Pleta, lib. i, o. 1 8, § 1. 
 
 PURGATIO. Lat. [from purgare, q. v.] 
 In old English law. A cleansing or scour- 
 ing. Fleta, lib. 4, c. 18, § 1. 
 
 PURGATION. [Lat. jyurgatio, from 
 purgare, to purge, clear or cleanse.] In 
 old English law. The clearing a person's 
 self of a crime of which he was generally sus- 
 pected, and accused before a judge. Cowell. 
 
 Canonical purgation was made by the 
 party's taking his own oath that he was 
 innocent of the charge, which was sup- 
 ported by the oath of twelve compurgators, 
 who swore they believed he spoke the 
 truth. 4 Bl. Com. 368. To this succeed- 
 ed the mode of purgation by the single 
 oath of the party himself, called the oath 
 ex officio, of which the modern defendant's 
 oath in chancery is a modification. 3 Id. 
 447. 
 
 Common or vulgar purgation, [vulgaris 
 purgatio,) was another name for the trial 
 by ordeal, (q. v.) 4 Id. 342. 
 
 PURGE. To cleanse ; to clear ; to 
 clear or relieve from some imputation. A 
 contempt is said to be purged, when the 
 party reheves himself from the charge. 
 
 PURGED OF PARTIAL COUNSEL. 
 
 In Scotch practice. Cleared of having 
 been partially advised. A term applied to 
 the preliminary examination of a witness, 
 in which he is sworn and examined whether 
 he has received any bribe or promise of 
 reward, or has been told what to say, or 
 whether he bears malice or ill-will to any 
 of the' parties. BelVs Diet. 
 
 PURGISER. L. Fr. To violate; to 
 defile. LL. Qui. Conq. 1. 14. 
 
 PURLIEU. L. Fr. [another, or a cor- 
 rupted form of pourallee, a part perambu- 
 lated.] In old forest law. Land adjoining 
 to a forest, which was originally within 
 the forest, but was afterward disafforested 
 by perambulation, [pouraille,) whence its 
 name. Manwood, 317, 318. 1 Crabb's 
 Real Prop. 484, § 625. 2 Stra. 1119. 
 
 PURPARLER. L. Fr. To speak of, 
 or speak about ; to confer, or consult. Ife 
 compassay ne purparlay ; neither compassed 
 nor consulted about. Britt. c. 22. 
 
 PURPARS, Perpars. L. Lat. In old 
 records. The share of an estate after parti- 
 tion ; purparty, (q. v.) Paroch. Ant. 502. 
 Cowell. See Propars. . 
 
 PURPARTY, Purpartie. [L. Fr. pour 
 parti ; L. Lat. pro dioiso ; as divided.] A 
 share or portion ; a share after division.* 
 That part or share of an estate which be- 
 ing first held in common by coparceners, 
 is by partition allotted to any of them. 
 Cowell. Et solonc cele esiente soitfaite a 
 chescun parcener la livere de sa purparty ; 
 and according to such extent shall livery 
 be made to each parcener of her several 
 portion. Britt. c. 11. La purparty que 
 est allot al puisne ; the part which is al- 
 lotted to the youngest. Litt. sect. 258. 
 
 The word is Englished purpart, in some 
 of the modern books. 6 Penn. St. (Barr's) 
 R. 234. 
 
 PURPENSED. L. Fr. Premeditated. 
 LL. Qui. Conq. 1. 1. 
 
 PURPORT. [L. L^t proportum, hom 
 Fr. pour, for, and porter, to carry.] Mean- 
 ing; import; substantial meaning; sub- 
 stance. The purport of an instrument 
 means the substance of it as it appears on 
 the face of the instrument, and is distin- 
 guished from tenor, which means an exact 
 copy. MS. Buller, J. 2 Easts P. C. 983. 
 Wharton^s Am. Crim. Law, 8 342 
 
 PURPRESTURA. L. Lat. In old 
 English law. Purpresture, (q. v.) Et qui 
 de cetero vastum vel purpresturam sine li- 
 centia nostra, in illis [boscis] fecerint vel 
 essartum, de vastis purpresturis et essartis 
 
PUR 
 
 (356) 
 
 PUT 
 
 respondeant ; and those ■who, ■without our 
 permission, shall make -waste or purpresture 
 in those [woods] or assart, shall answer for 
 those wastes, purprestures and assarts. Cart. 
 de For. 6 Hen. III. c. 4. See Fleta, lib. 
 2, c. 41, §§ 2, 3. Jd. c. 52, § 25. Id. lib. 
 4, c. 6, § 3. 
 
 PURPEESTURE. [L. Lat. purprces- 
 tura, purprestura, poiprestura; from L. 
 Fr. pourprendre, to take away entirely.] 
 Properly, a clandestine encroachment and 
 appropriation of a neighbor's land ', {terrce 
 alienee clandestina subiraciio, ejusdemque 
 vicince ascriptio.) Spelman. A species of 
 nuisance by enclosing or building upon 
 land that should be common or public. 
 Co. Liu. 277 b. See Pourpresture. 
 
 PURPRISUM. L. Lat. [from L. Fr. 
 pourpris, an enclosure.] In old records. 
 A close or enclosure. Cowell. 
 
 The whole compass of a manor. Id. 
 PURQ'. L. Fr. Wherefore. A word 
 used in old practice, at the end of pleas, 
 arguments and judgments. Very common 
 in the Year Books. Purq', pur defaut de 
 r'tis, no' d^dons judgt, et prions nos dam'; 
 wherefore, for want of an answer, we de- 
 mand judgment and pray our damages. 
 The clause is sometimes abbreviated, 
 purq', ttc. 
 
 PURSUE, [from Lat. persegui.'] To 
 follow a matter judicially, as a complaining 
 party. In Scotch law, to prosecute crimi- 
 nally. 3 Row. St. Trials, 425. 
 
 PURSUER. [0. Sc. persewar.} In 
 Scotch law. Plaintiff; a plaintiff; a prose- 
 cutor. 1 KameS Equity, 225. A literal 
 translation of the Gr. iia^av, (q. v.) 
 
 PURUS. Lat. In old English law. 
 Pure ; clear ; simple ; free of any qualifica- 
 tion or condition. Donationum quaedam 
 libera et pura, et qumdam sub conditione vel 
 sub modo ; of gifts, one kind is free and 
 pure, and another under a condition or 
 qualification. Bract, fol. 11 b. 
 
 Absolute. Purus idiota ; a clear or 
 absolute idiot. 1 £1. Com. 803. 
 
 PURVELE. L.Fr. The eye-ball. LL. 
 Gul. Conq.l 21. 
 
 PURVEYANCE, Purveiance. L. Fr. 
 [from purveier or purvoire, to provide.] A 
 provision ; the provision of a statute ; a 
 statute. Hn le purveiance de Merton ; in 
 the statute of Merton. Stat. Westm. 1, c. 22. 
 PURVEYANCE. L. Fr. and Eng. [from 
 pourvoire, to provide.] In old English 
 law. A providing of necessaries for the 
 king's house. Cowell. A buying at the 
 
 king's price. Sale's Anal. sect. yiii. Sec 
 Pourveyance. 
 
 PURVEYOR. In old English law. An 
 officer who provided or bought articles for 
 the king's use, and at the king's price. 
 Called, in the statute 36 Edw. III. c. 2, a 
 hateful name, {heignous nome) and changed 
 to that of achator, (q. v.) Barringt. Obs. 
 Stat. 289. 
 
 PURVIEW, Purvieu. L. Fr. [from 
 purveier, to provide.] Provided. A word 
 very commonly used in the old French 
 statutes, to introduce a chapter or distinct 
 provision. Purview est que ; it is provided 
 that. Stat. Westm. 1, c. 1. Purview est 
 ensemeni ; it is provided likewise. Id, c. 
 2. See Id. c. 20. 1 And. 67. Used in 
 modem law as an English word, to denote 
 the enacting clause of a statute, or the en- 
 tire body of a statute. See infra. 
 
 PURVIEW. [See supra.] The pro- 
 viding part of a statute ; that which follows 
 the preamble, and contains the direct and 
 express provision of the law. Lord Coke 
 speaks of the statute t)f 3 Hen. VIII. c. 12, 
 as " standing upon a preamble and a pur- 
 view." 12 Co. 20. — The body of an act 
 or statute; that part of it which consists of 
 direct and express provisions, as distin- 
 guished from provisoes and saving clauses.* 
 "A saving clause in a statute is to be re- 
 jected, when it is directly repugnant to the 
 purview or body of the act." 1 Kent's 
 Com. 462. See Purveyance. 
 
 To PUT IN. [Lat. ponere.] In prac- 
 tice. To place in due form before a court ; 
 to place among the records of a court. A 
 phrase very commonly applied to the acts 
 of parties in judicial proceedings, particu- 
 larly to those of defendants. " To put in 
 bail," " to put in a plea or answer," <fec. 
 are expressions in daily use. 
 
 To PUT IN URE. In old statutes. 
 To put in practice or effect ; to carry into 
 effect. See Ure. Sometimes written to 
 " piit in use." 
 
 To PUT OUT. To open. To put out 
 lights ; to open or cut windows. llJEast, 372. 
 
 To PUT UPON. [L. Lat. ponere su- 
 per."] In practice. To rest upon ; to 
 submit to ; as a defendant "puts himself 
 upon the country." See Country. 
 
 PUTAGIUM. L.Lat. In old English 
 law. Fornication on the part of a woman. 
 Glanv. lib. 7, c. 12. Bract, fol. 88. Spel- 
 man. Fleta, lib. 1, c. 15, § 4. 
 
 PUTATIO. Lat. In the civil law. A 
 pruning or lopping of trees. Inst. 4. 3. 5. 
 
QUA 
 
 (357) 
 
 QUA 
 
 PUTATIVE. [L, Lat. putativus, from 
 ^utare, to suppose.] Reputed; supposed; 
 commonly esteemed. Pater pueri puta- 
 tivus ; the reputed father of the child. J. 
 Brompt. p. 909. Cowell. 
 
 Applied, in Scotch law, to creditors and 
 proprietors. 2 Kames' Ilquity, 105, 107, 
 109. 
 
 PUTEUS. Lat. In old English law. 
 A well. Fleta, lib. 4, c. 27, § 8. 
 
 PUYR. L. Fr. Pure. Chartre de 
 ^Tiyr feffement. Britt. c. 61. 
 
 PUY8. L. Fr. [from Lat. puUus, q. v.] 
 A ^vpll fifitt (* 1 
 
 PYKERIE.' Sc' In old Scotch law. 
 Petty theft. 2 Pitc. Grim. Trials, 43. 
 
 A' 
 
 Q. A letter used in the Roman law, in 
 various abbreviations, q. d. e. e. f. p. d. 
 B. B. I. c. for Quid de ea re fieri placeret, 
 de ea re ita censuerunt, (what it might be 
 their pleasure to have done on that subject, 
 on that subject they have so determined.) 
 An abbreviation used in writing out de- 
 crees of the senate. Tayl. Civ. Law, 576. 
 Calv. Lex. 
 
 QAR. L. Fr. For. Fet Assaver,% 4:5. 
 
 Q'D. A contraction of quod, in old 
 pleading. 1 Instr. Cler. 12. 
 
 QUA. L. Lat. As. "The debt, ywa 
 debt, was instantly due.'' Lord Ellen- 
 borough, 8 East, 433. " Interest, qua 
 interest." Lord Kenyon, 1 /d 195. "The 
 judge, qua judge, cannot know." Vaugh. 
 147. 
 
 QUACUNQUE VIA DATA. Lat. 
 Whichever way given ; in whichever view 
 of the case. Lord Mansfield, 2 Burr. 980. 
 Story, J. 2 Gallison's R. 26. 1 Id. 637. 
 11 Metcalf's R. 276. Shep. Touch. 367. 
 
 QUADRAGESIMA. Lat. The for- 
 tieth. The first Sunday in Lent is so called 
 because it is about the fortieth day before 
 Easter. Cowell. 
 
 QUADRAGESMS. The third volume 
 of the year books of the reign of Edward 
 III. So called, because beginning with 
 the fortieth year of the reign. Crabb's 
 Hist. Eng. Law, 327. Male's Hist. Com. 
 Law, c. 8. 
 
 QUADRANS. Lat. In old English 
 law. A farthing ; a fourth part or quar- 
 ter of a penny. 
 
 Before the reign of Edward I. the small- 
 est coin was a sterling or (silver) penny 
 marked vrith a cross or traverse strokes, by 
 
 the guidance of which a penny, upon occa- 
 sion, might be cut in halves for a half penny, 
 or into quarters for farthings or fourth 
 parts, till, to avoid the fraud of unequally 
 cutting. King Edward L A. D. 1279, coined 
 half pence and farthings in round distinct 
 pieces. Cowell. Spelman, voc. Benari-us, 
 citing Stow, p. 306, where some curious 
 old verses are given. 
 
 QUADRANTALIS. L. Lat. [from 
 quadrans, q. v.] In old English law. _ Of 
 the value or price of a quarter or farthing. 
 Panis quadrantalis ; the farthing loaf. 
 Fleta, lib. 2, c. 9. Britton, in the parallel 
 passage, has the word ferlinges, (q. v.) 
 Britt. c. 30. But . the word is not taken 
 notice of either by Spelman or Cowell. 
 
 QUADRANTATA TERR^. L. Lat. 
 The fourth part of an acre, according to 
 Cowell. But Spelman makes it to be the 
 fourth part of a yard-land. Spelman, voc. 
 Fardella. 
 
 QUADRARIUM. L. Lat. In old re- 
 cords. A quarry, or stone-pit. Paroch. 
 Ant. 208. Cowell. 
 
 QUADRIENNIUM. Ls.t.[{rom quatuor, 
 four, and annus, year.] The four years' 
 course of studying the civil law, before ar- 
 riving at the code or imperial constitutions. 
 Inst, procem. Tayl. Civ. Law, 39. 
 
 QUADRIENNIUM UTILE. Lat. In 
 Scotch law. The term of four years al- 
 lowed to a minor, after his majority, in 
 which he may by suit or action endeavor 
 to annul any deed to his prejudice, granted 
 during his minority. BelVsDict. Whishaw. 
 
 QUADRIPARTITE. Divided into 
 four ; of four parts. A term applied, in 
 conveyancing, to an indenture executed in 
 four parts. 
 
 QUADRUPLICATIO. Lat. In the 
 civil law. A pleading on the part of a 
 defendant, following the triplicatio, (q. v.) 
 and corresponding to the reSuHcr at com- 
 mon law. The third pleading on the part 
 of the defendant. Inst. 4. 14. 3. 3 Bl. 
 Com. 310. Called, in Scotch law, quadru- 
 ply. 3 Sow. St. Trials, 78. 
 
 Bracton adopts the term, though he 
 gives the pleading itself a dififerent place 
 in the series, making it the third pleading 
 on the part of the plaintiff, correspond- 
 ing with the surrejoinder of common law 
 pleading. Bract, fol. 400 b. This is occa- 
 sioned by his omission of the duplieatio, 
 which, in the civil law series, as given in 
 the Institutes, followed immediately after 
 the replicatio, though, in the Digests, the 
 
QTJ^ 
 
 ( 358 ) 
 
 QIJ^ 
 
 2. 3. 
 Lib. 
 
 dupUcatio is omitted. Diff. 44. 2, 
 The same omission occurs in Fleta. 
 6, c. 36, § 10. 
 
 ^ux ab hostibus capiuntur, statim capien- 
 
 tium fiunt. Things which are taken from 
 enemies immediately become the property 
 of the captors. 2 £urr. 693. See Inst. 
 2. 1. 11. Grotius de Jur. Bell. lib. 3, 
 c. 6, § 12. In the Institutes, here cited, 
 
 the reading is, ftna! ei hostibus tapimus, 
 jnrc gentium statim nostra fiunt. What 
 
 we take from enemies, by the law of na- 
 tions immediately becomes ours. In the 
 Digests, the reading is, (Juffi ex IlOStibus 
 
 eapiuntur, jure gentium statim capientium 
 
 fiunt. Things which are taken from ene- 
 mies, by the law of nations immediately 
 become the property of the captors. Dig. 
 41. 1. 5. 7. Statim, however, is held to 
 mean " when the battle is over ;" when all 
 immediate pursuit has ceased, and all hope 
 of recovery is gone. Lord Mansfield, 2 
 Burr. uh. sup. See Statim. 
 
 ^uee ab initio inutilis fuit institutio, ex 
 postfacto convalescere non potest. An insti- 
 tution which was at the beginning of no 
 use or force, cannot acquire force from 
 after matter. Dig. 50. 17. 210. See ftuod 
 ab initio, &c. 
 
 Qua; aecessionnm locum obtinent, ex- 
 tinguuntar cum principales res peremptx 
 fuerint. Things which hold the place of 
 accessories are extinguished when the 
 principal things are destroyed. 2 Poth. 
 Ohlig. 202. Broom's Max. 373. 
 
 QnsB ad unum fincm loquuta sunt non 
 debent ad alium dctorqueri. Words which 
 are spoken to one end, [or with reference 
 to one object,] ought not to be perverted 
 to another. 4 Co. 14 a. The sense of 
 words charged as slanderous is to be col- 
 lected from the cause and occasion of 
 speaking them. Id. ibid. 
 
 Qux coherent personee a persona separari 
 
 nequeunt. Things which cohere to, or are 
 closely connected with the person, cannot 
 be separated from the person. Jenh. Cent. 
 28, case 53. Applied to the joinder of 
 husband and wife as parties to actions. 
 Id. ibid. 
 
 Quffi communi lege derogant stride Inter- 
 pretantur. [Statutes] which derogate from 
 the common law are strictly interpreted. 
 Jenk. Cent. 221, case 72. 
 
 ftuae contra ratloncra juris introducta 
 sunt, non debent tralii in consequcntiam. 
 Things which are introduced contrary to 
 the reason of law ought not to be drawn 
 
 into a precedent. 12 Co. 75. Precedents 
 which are utterly against law and reason 
 are void. Id. ibid. 
 
 ftusecunque intra rationem Icgis inveni- 
 nnlur, intra legem ipsam esse jndicautur. 
 Things which are found within the reason 
 of a law are supposed to be within the law 
 itself. 2 Inst. 689. 
 
 QuEC dubitationis causa tollenda; inserun- 
 tur, communem legem non laednnt. [Clauses] 
 
 which are inserted [in an instrument] for 
 the purpose of removing doubt, do not af- 
 fect the common law. Co, Litt. 205 a. Litt. 
 sect. 331. In the Digests, the maxim reads, 
 ftUBB dubitationis toIleDdae causa contiacti- 
 bus inscruntur, jus commune non laedunt. 
 Big. 50. 17. 81. 
 
 QU^ EST EADEM. L. Lat. [L. Fr. 
 que est le mesme, whiell is the same.] In 
 old pleading. Formal wdrds used in pleas 
 in actions of trespass, the defendant alleg- 
 ing that the plaintiff gave him leave to 
 enter on the land, and that he entered 
 accordingly, guce est eadem transgressio, 
 {which is the same trespass) of which the 
 plaintiff complains. Holthouse. 
 
 %ViSi incontinenti finnt inesse ridentur. 
 Things which are done incontinently [or' 
 simultaneously with an act,] are supposed 
 to be inherent [in it ; to be a constituent 
 part of it.] Co. Litt. 236 b. The very 
 elliptical form of this maxim renders a 
 close translation difficult. It seems to be 
 condensed from Bracton's pacta quce incon- 
 tinenti donationi apponantar, — inesse viden- 
 tur. Bract, fol. 16 b. 
 
 (tux in partes dividi ncqneunt, solida a 
 singulis praistantur. Things [or services] 
 which cannot be divided into parts, are 
 rendered entire severally, [that is, by each 
 several feoffee.] 6 Co. 1 a, Bruerton's 
 case. Co. Litt. 149 b. A maxim applied 
 to the apportionment of rents and ser- 
 vices. 
 
 (lux inter alios acta sunt nemini nocere 
 debent, sed prodesse possum. Things which 
 
 are done between others (or third parties) 
 ought not to injure a person, but may 
 benefit him. Branch's Pr. See Res inter 
 alios, &c. 
 
 (luiB in testamenlo ita sunt scripta ut 
 intelligi non possint, perinde sunt ac si 
 scripta non CSSent. Things which are so 
 written in a will that they cannot be un- 
 derstood, are the same as if they had not 
 been written at all. Big. 60. 17. 73. 3. 
 
 (luiB legi communi derogant non sunt tra- 
 lienda in exemplum. Things which dero- 
 
QU^ 
 
 (359 ) 
 
 quM 
 
 gate from the common law are not to bo 
 drawn into precedent. BrancKs Pr. 
 
 (iuailibet concessio foitissime contra dona- 
 torem interpretanda est. Every grant is to 
 
 be interpreted most strongly against the 
 grantor. Co. Lift. 183 a. Every man's 
 grant shall be taken by construction of law 
 most forcible against himself. Id. 
 
 ^uaslibet jurisdictio canccllos suos babet. 
 Every jurisdiction has its limits. Jenk. 
 Cent. 139, case 85. 
 
 QTJ^ NIHIL FRUSTRA. L. Lat. 
 Which (does or requires) nothing in vain ; 
 which requires nothing to be done, that is 
 to no purpose. 2 Kent's Com. 53. 
 
 ^uie non valeant [prosunt] singula, juneta 
 juvant. Things which may have no force 
 singly, united have an effect. Branch'' s 
 Pr. 3 Bulstr. 132. iVenir. 21'8. Words 
 in an instrument which are ineffective 
 when talcen singly, operate when taken 
 conjointly. Broom's Max. 294, [450.] 
 
 QUJEPLUEA. L.Lat. (What more.) 
 In old English practice. A writ which lay 
 where an inquisition had been made by an 
 escheator in any county, of such lands or 
 tenements as any man died seised of, and 
 all that was in his possession was imagin- 
 ed not to be found by the office ; the writ 
 commanding the escheator to inquire what 
 more (quce plura) lands and tenements 
 the party held on the day when he died, 
 &c. F.N.B. 255 A. Beg. Orig. 293. 
 Cowell. 
 
 %\m proptcT neccssitatcm recepta sunt, non 
 debent in argumentum trahi. Things which 
 
 are admitted on the ground of necessity 
 ought not to be drawn into question. Dig. 
 50. IT. 162. 
 
 (lua; priBter consuetudinem et morem ma- 
 jorum fiunt, neque placent neque recta viden- 
 
 tur. Things which are done contrary to 
 the custom of our ancestors, neither please 
 nor appear right. 4 Co. 78. 
 
 QUiBRAS de dubiis, legem bene discere si tIb: 
 Quserere dat sapere quse sunt legitima Tere. 
 
 Inquire about doubtful points, if you 
 would learn the law well; to inquire 
 into, is the way to know what is really 
 lawful, [what the law really is.] Litt. sect. 
 443. 
 
 QU^RE. Lati Inquire ; see ; ex- 
 amine ; look into. A word constantly 
 used in the books to denote a doubtful 
 point, or to direct further inquiry into a 
 point or matter stated. Perkifis, ch. 4, 
 s. 296. Id. ch. 5,' s. 350. Queers de hoe ; 
 inquire of this, or about this. Id. ch. 9, 
 
 s. 585. Quoere inde. Dyer, 24. Tamen 
 qumre; however, inquire. Perk. ch. 1, 
 ss. 44, 45, 105, 106. Ideo qucsre; there- 
 fore inquire. Id. ch. 1, s. 39 ; ch. 4, 
 s. 261. Ideo qumre certitudinem inde, &c. ; 
 therefore inquire into the certainty thereof. 
 Id. ch. 4, s. 269. Qumre, quid inde venit; 
 qumre what became of it. 6 Mod. 253. 
 The word is used also in the statement oi 
 questions, ^ed qusere si tenens elonyaverit; 
 but qumre if the tenant should have eloign- 
 ed. Fleta, lib. 2, c. 45, § 3. 
 
 A question or doubt. " It was a qumre." 
 12 Mod. 18. 
 
 QU^RENS. L. Lat. In old practice. 
 A plaintiff; the plaintiff. See Querens. 
 
 QUiERENS NIHIL CAPIAT PER 
 BILLAM. L. Lat. The plaintiff shall 
 take nothing by his bill. A form of judg- 
 ment for the defendant. Latch, 133. 
 
 QUJJRENS NON INVENIT PLE- 
 GIUM. L. Lat. The plaintiff did not 
 find a pledge. A return formerly made 
 by a sheriff to a writ requiring him to take 
 security of the plaintiff to prosecute his 
 claim. CowelL 
 
 (Inas rerum natura prohibentur nulla lege 
 confirmata sunt. Things which are forbid- 
 den by the nature of things are [can be] 
 confirmed by no law. Dig. 50. iV. 188. 1. 
 Branch's Pr. Positive laws are framed 
 after the laws of nature and reason. Finch, 
 L. li. 
 
 QU^EITTJR ut creBcunt tot magna volumina legia ? 
 In promptu causa est, — crescit in orbe dolus. 
 
 The question, is asked, why the volumes 
 of the law multiply so fast ? The reason 
 is at hand,-^fraud increases in the world. 
 3 Co. 82 a, Twyne's case. "To one who 
 marvelled what should be the reason that 
 acts and statutes are continually made at 
 every parliament, without intermission and 
 without end, a wise man made a good and 
 short answer, both .which are well com- 
 posed in verse." (See the verse just given.) 
 Id. ibid. 
 
 (lux sunt minoris culpse sunt majoris in- 
 famis. [Offences] which are of a lower 
 grade of guilt are of a higher degree of in- 
 famy. Co. Litt. 6 b. Lord Coke here 
 alludes to the infamous punishments of 
 pillory, branding and cropping, which were 
 formerly inflicted on minor offences. 
 
 QU^STIO. Lat. [from qucerere, to 
 inquire.] In the civil law. The question ; 
 the torture ; inquiry or inquisition by in- 
 flicting the torture ; bodily torment inflict- 
 I ed in order to' extort the truth, {ad eruen- 
 
QUA 
 
 (360) 
 
 QUA 
 
 dam veritatem.) Biff. il. 10. 15. 41. Id. 
 
 48. 18. 
 
 QU.(ESTOR. Lat. [from guwrere, to 
 
 seek or collect.] A Born an magistrate 
 ■whose oflSce it was to collect the public 
 revenue, {qui publicas pecunias conquire- 
 bat.) Varro de L. L. iv. 14. Dig. 1. 13. 
 
 Cod. 1. 30. 
 
 QU^STOR SACRI PALATII. Lat. 
 Quffistor of the sacred palace. x\.n officer 
 of the imperial court at Constantinople, 
 with powers and duties resembling those 
 of a chancellor, {cancellarius^ Calv. Lex. 
 QTJJESTUS. Lat. In old English law. 
 Acquisition; purchase. See Questus. 
 
 _ QUALE JUS. Lat. (What kind of 
 right.) In old English law. A judicial 
 writ which lay where a man of religion, 
 (as an abbot, (fee.) had judgment to re- 
 cover land, before execution was issued; 
 commanding the sheriff to inquire what 
 right the plaintiff had to recover, and what 
 damages he had sustained. Beg. Jud. 8, 
 16, 17. The object of the writ was to 
 ascertain whether the recovery had, or had 
 not been collusive, in order to evade the 
 statute of mortmain. 
 
 QUALIFIED FEE. In English law. 
 A fee having a qualification subjoined 
 thereto, and which must be determined 
 whenever the qualification annexed to it is 
 at an end ; otherwise termed a, base fee. 2 
 Bl. Com. 109. 1 Steph. Com. 225. An 
 interest which may continue forever, but 
 is liable to be determined, without the aid 
 of a conveyance, by some act or event, 
 circumscribing its continuance or extent. 
 4 Kenfs Com. 9. See Base fee. 
 
 QUALIFIED PROPERTY. A tempo- 
 rary or special interest in a thing, liable to 
 be totally divested on the happening of 
 some particular event. 2 Rents Com. 
 347. It is a species of interest growing 
 out of possession, and arising either from 
 the nature of the thing or chattel pos- 
 sessed, as in the case of animals ferce 
 naturce ; or from a transfer of possession 
 from the general owner, as in case of bail- 
 ment, pledge or distress. 2 Bl. Com. 891 
 — 396. 2 Steph. Com. 73. 2 Kenfs 
 Com. 347—350. 
 
 QUALITER. Lat. In what manner. 
 A word used in old writs. Fleta, lib. 2, 
 e. 64, § 19. 
 
 QUAMDIU. Lat. As long as ; so long 
 as. A word of limitation in old convey- 
 ances. Co. Litt. 235 a. 10 Co. 41 b. 
 Shep. Touch. 125. 
 
 QUAMDIU SE BENE GESSERIT. L. 
 Lat. As long as he shall conduct himself 
 well; during good behaviour. A term 
 used to express the tenure of oflSce, espe- 
 cially of judicial offices. 1 Bl. Com,. 267. 
 By the statute 13 "Will. III. c. 2, it was 
 enacted that the commissions of the judges 
 in the superior courts should be made, not 
 as formerly, durante bene placito, (during 
 pleasure,) but quamdiu bene se gesserint, as 
 long as they shall conduct themselves well. 
 Id. ibid. The clause is often used in old 
 letters patent. Cowell. 
 
 ^namris aliqnid per se non sit malnm, ta- 
 men si sit mali exempli, non est faciendum. 
 
 Although a thing may not be bad in itself, 
 yet, if it is of bad example, it is not to be 
 done. 2 Inst. 564. 
 
 ^uamvis lei generaliter loquitur, restrin- 
 genda tamen est, nt, cessante ratione, ipsa 
 
 Cessat. Although a law speaks generally, 
 yet it is to be restrained, so that when its 
 reason ceases, it should cease also. 4 Inst. 
 330. 
 
 QUANDO ACCIDERINT. L. Lat. 
 (When they shall happen, or come to 
 hand.) In practice. The technical name 
 of a judgment entered against an executor 
 or administrator, where it is directed to be 
 satisfied out of assets which may after- 
 wards come to the hands of the defendant. 
 2 Arch. Pr. 147. 2 Burr. Pr. 97. 
 
 ^uando abest prorisio partis, adestproTisio 
 
 legis. When the provision of the party is 
 wanting, the provision of the law is at hand. 
 6 Vin. Abr. 49. 
 
 ^uando aliqnid mandator, mandatur et om- 
 ne per quod pervenitur ad illnd. When any 
 
 thing is commanded, every thing by which 
 it can be accomplished is also commanded. 
 5 Co. 115 b, FoliamVs case. When the 
 law commands a thing to be done, it au- 
 thorizes the performance of whatever may 
 be necessary for executing its command. 
 Broom's Max. 201, [366.] Thus, consta- 
 bles, whose duty it is to see the peace kept, 
 may, when necessary, command the assist- 
 ance of others. Id. ibid. So a sheriff 
 may summon the posse comitatus for a 
 similar purpose. 5 Co. ub. sup. 
 
 ^uando aliqnid prohibetnr, prohibetur et 
 omne per quod devenitur ad illud. When 
 any thing . is prohibited, every thing by 
 which it is reached is prohibited also. 3 
 Inst. 48. That which cannot be done di- 
 rectly, shall not be done indirectly. Broom's 
 Max. 202, [367.1 
 
 ^nando aliqnid prohibetur fieri ex directo, 
 
QUA 
 
 (361) 
 
 QUA 
 
 prohibetur et per obliqnum. When any 
 
 thing is prohibited from being done di- 
 rectly, it is prohibited indirectly also. Co. 
 Liit. 223 b. Wingate's Max. 618, max. 
 159. 
 
 Quando aliqnis aliqnid concedit, concedere 
 videtur ct id sine quo res nti non potest. 
 
 When a person grants any thing, he is 
 supposed to grant that also without -which 
 the thing cannot be used. 3 Kenfs Com. 
 421. When the use of a thing is granted, 
 every thing is granted by which the gran- 
 tee may have and enjoy such use. Id. 
 ibid. 
 
 ^uando charta continet geneialem clausu- 
 lam, posteaque descendit ad verba specialia 
 qui£ elausulce general! sunt consentanea, in- 
 terpretanda est charta secundum verba spe- 
 cialia, Wh«n a deed contains a general 
 clause, and afterwards descends to special 
 words which are agreeable to the general 
 clause, the deed is to be interpreted ac- 
 cording to the special words. 8 Co. 154 b, 
 Althani's case. 
 
 Qnando de una et eadcm re duo oncrabiles 
 exlstunt, unus, pro insufficientia altcrius, de 
 integro onerabitnr. When there are two 
 persons liable for one and the same thing, 
 one of them, in case of default of the 
 other, shall be charged with the whole. 2 
 Inst. 211. 
 
 (luando dispositio referri potest ad duas res, 
 ita quod secundum relationem unam vitiatur, 
 et secundum alteram [aliam] utilis sit, tune 
 facienda est relatio ad illam ut valeat dispo- 
 sitio. When a disposition [in a will] may 
 be referred to two things, so that according 
 to one reference it is destroyed, and ac- 
 cording to the other it is eflFectual, such a 
 reference must be made that the disposition 
 shall have effect. 6 Co. 76 b, Sir George 
 Curson^s case. 
 
 <luando diversi desiderautur actns ad ali- 
 quem statum.perficiendum, plus respicit lex 
 actum originalem. When different acts 
 are required to the formation of any estate, 
 the law chiefly regards the original act. 
 10 Co. 49 a, Lampet's ease. When to the 
 perfection of an estate or interest, divers 
 acts or things are requisite, the law has 
 more regard to the original act, for that is 
 the fundamental part on which all the others 
 are founded. Id. ibid. 
 
 (luando [cum] duo jura concurrunt in una 
 persona, sequnra est ac si essent in diversis. 
 When two rights meet in one person, it is 
 the same thing as if they were in different 
 persons. 4 Co. 118 a, arg. Shep. Touch. 
 
 34. That is, they still remain separate 
 rights, and do not merge together into 
 one. 
 
 ftuando lex aliquid alicui concedit, conce- 
 dere videtur et id sine quo res ipsa esse non 
 potest. When the law grants any thing to 
 any one, it is considered to grant that also 
 without which the thing itself cannot exist. 
 5 Co. 4:1 a, Franklin^s ease. When the 
 law grants a thing to any one, it is consid- 
 ered to grant him also whatever is essential 
 to constitute it, or is necessarily incident 
 to it. The last clause of this maxim is 
 sometimes varied thus : et id per quod dcve- 
 nitur ad illud ; the means of attaining it. 
 1 Keufs Com. 464. The law is well set- 
 tled that whenever a power is given by a 
 statute, every thing necessary to the mak- 
 ing it effectual is given by implication. 
 Douglas, C. J. 2 Florida R. 597. 
 
 ftuando lex aliqnid alicui concedit, omnia 
 incidcntia taclte conceduntur. When the 
 law grants any thing to any one, all the in- 
 cidents [of such thing] are tacitly granted ; 
 [are granted by implication.] 2 Inst. 326. 
 Hob. 234. The grant of a thing carries 
 all things included, without which the thing 
 granted cannot be had. Id. 
 
 ^uando lex est spccialis, ratio autem gene- 
 ralis, generaliter lex est intelligenda. When 
 a law is special, but its reason [or object] 
 general, the law is to be understood gene- 
 rally. 2 Inst. 83. 
 
 Q,uando licet id quod majns, videtur et li- 
 eere id quod minus. When the greater is 
 allowed, the less seems to be [is considered 
 as] allowed also. Where a man may de- 
 vise the land itself, it seems he may devise 
 the trees or grass growing upon the land. 
 Shep. Touch. 429. 
 
 ftuando plus fit qnam fieri debet, videtur 
 etiam illud [ipsum] fieri quod faciendum est. 
 
 When more is done than ought to be done, 
 that which is to be done is still considered 
 to be done. 8 Co. 85 a. Sir Richard Pex- 
 ImWs case. Where more is done [under a 
 power] than ought to be done, that portion 
 for which there was authority shall stand, 
 and the act shall be void quoad the excess 
 only. Broom's Max. 16, [131.] 
 
 ftuando res non valet ut ago, valeat quan- 
 tum valere potest. When a thing is of 
 no effect as I do it, it shall have effect as 
 far as [or in whatever way] it can. Lord 
 Mansfield, C. J. Cowp. 60t). Deeds are to 
 be so construed as to operate according to 
 the intention of the parties, if by law they 
 may ; and if they cannot in one form, they 
 
QUA 
 
 ( 362 ) 
 
 QUA 
 
 shall operate in that wMch hj law will 
 effectuate the intention. Broom's Max. 
 238,239, [415.] 2 Smith's Lead. Cas. 294. 
 
 ^nando verba statuti sunt specialia, ratio 
 autem generalis, generaliter statutum est intcl- 
 iigendUffl, When the words of a statute 
 are special, but the reason or object of it 
 general, the statute is to be construed gen- 
 erally. 10 Co. 101 b, Beawf age's case. 
 
 QUANTITY, as applied to an estate, 
 denotes the duration and extent of the 
 interest which the tenant has in the tene- 
 ment ; as whether for years, for life or in 
 fee. 2 Bl. Com. 103. 
 
 QUANTUM MERUIT. Lat. (As 
 much as he deserved.) In pleading. The 
 common count in an action of assumpsit 
 for work and labor, founded on an implied 
 assumpsit or promise on the part of the 
 defendant to pay the plaintiff as much as he 
 reasonably deserved to have for his labor. 
 3 Bl. Com. 161. 1 Tidd's Pr. 2. So 
 termed from the emphatic words in the old 
 Latin forms. Under the late pleading 
 rules of the English courts, this count, and 
 the quantum valebant {infra) are consider- 
 ed as virtually abolished. 1 Chitt. PI. 288. 
 
 QUANTUM VALEBANT. Lat. (As 
 much as they were worth.) In pleading. 
 The common count in an action of assump- 
 sit for goods sold and delivered, founded 
 on an implied assumpsit or promise, on the 
 part of the defendant, to pay the plaintiff 
 as much as the goods were reasonably 
 worth. 3 Bl. Com. 161. 1 Tidd's Pr. 2. 
 So termed from the emphatic words in the 
 old Latin forms, though valereni (should 
 be worth) was the word actually used in 
 laying the promise ; (super se assumpsit, et 
 eidem T. adtunc et ibidem fideliter promisit, 
 quod ipse idem W. tantas denariorum sum- 
 mas quantas (quantum) bona mercimonia et 
 merchandizcB ilia, tempore venditionis et de- 
 liberationis eorundem, rationdbiliter valb- 
 KBNT, eidem T. cum inde postea requisitus 
 esset, bene et fideliter solvere et contentare 
 vellet.) Towns. PI. 416. Valebant was 
 used in the averment that followed, that 
 the goods were worth a certain price. Id. 
 ibid. 
 
 QUARANTINE, properly QUAREN- 
 TINE or QUARENTENE. [L. Lat. qua- 
 rentena ; L. Fi. quarentine.'\ The period of 
 forty days. 2 Bl. Com. 135. 
 
 The privilege of a widow to continue in 
 the chief house of her husband for forti/ 
 days after his death. Id., ibid. See Qua- 
 rentine. 
 
 A period of time originally consisting of 
 forti/ days, but now of variable length, 
 during which a vessel from certain coasts 
 or ports, said or supposed to be infected 
 with certain diseases, is not allowed to 
 communicate with the shore, except under 
 particular restrictions. Braride. The word 
 is derived by this author from the Ital. 
 quaranto, forty. 
 
 QUARE. Lat. Wherefore; why. A 
 formal word in various old writs, especially 
 writs of trespass. Heff. Grig. 93 — 112. 
 See Fleta, lib. 2, c. 65, §8 11, 12. 
 
 QUARE CLAUSUM FREGIT. L. 
 Lat. (Wherefore he broke the close.) In 
 pleading. The technical name of the action 
 of trespass for an illegal entry upon land or 
 premises. So called from the emphatic 
 words of the original writ by which it was 
 formerly commenced ; the defendant being 
 summoned to show wherefore he broke the 
 plaintiff's close, [ostensurus quare clausum 
 querentis fregit.) Reg. Grig. 93 b, 96, 99. 
 3 Bl. Com. 209, 281. 
 
 QUARE EJECIT INFRA TERMI- 
 NUM. L. Lat. (Wherefore he ejected 
 within the term.) In old practice. A writ 
 which lay for a lessee where he was ejected 
 before the expiration of his term, in cases 
 where the wrong-doer or ejector was not 
 himself in possession of the lands, but his 
 feoffee, or another claiming under him. 3 
 Bl. Com. 199, 206. Reg. Grig. 227. F. 
 N. B. 197 S. 
 
 QUARE IMPEDIT. L.Lat. (Where- 
 fore, or why he hinders.) In English prac- 
 tice. A writ or action which lies for the 
 patron of an advowson, where he has been 
 disturbed in his right of patronage; so 
 called from the emphatic words of the old 
 form, by which the disturber was sum- 
 moned to answer why he hinders the plain- 
 tiff. 3 Bl. Com. 246, 248. 3 Steph.Com. 
 661. Reg. Grig. 30 b. F. If. B. 32 E. 
 Fleta, lib. 5, c. 1 6. It is one of the few 
 real actions still retained in use. 
 
 QUARE INCUMBRAVIT. L. Lat. 
 (Wherefore, or why he incumbered.) In 
 old English practice. A writ or action 
 which lay against a bishop, after judgment 
 in an action of quare impedit, whore he had 
 incumbered the church with a clerk pending 
 the action. 3 Bl. Com. 248. Reg. Grig. 
 32 b. F. If. B. 48 D. 3 Steph. Com. 
 661, note (?.) 
 
 QUARE NON ADMISIT. L. Lat. 
 (Wherefore, or why he did not admit.) In 
 English practice. A writ which lies to 
 
QUA 
 
 ( 363) 
 
 QTJA 
 
 recover damages against a bishop for re- 
 fusing to present the clerk of the prevailing 
 party- in an action of guare impedit, aiter 
 being directed to do so by the writ of ad 
 admittendum clericum. 3 £1. Com. 250. 
 3 Steph. Com. 665, note (l.) Beg. Orig. 
 32. F. N. B. 47 C. 
 
 QTJARE OBSTRUXIT. L.Lat. (Where- 
 fore he obstructed.) In old English prac- 
 tice. A writ which lay for one who, hav- 
 ing a liberty to pass through his neighbour's 
 ground, could not enjoy his right because 
 the owner had straitened or obstructed it, 
 {quare ohstruxit vel coarctavit.) Cowell. 
 Fleta, lib. 4, c. 27, § 2. 
 
 QUAKEL, Querel. L. Fr. [from Lat. 
 querela, q. v.] In old English law.' A 
 complaint, or suit. Stat. Westm. 1, c. 28. 
 2 Inst. 213. 
 
 QUAEENTENA. L. Lat. [L. Fr. 
 quarentyne ; from quaranie, forty.] In 
 Saxon and old English law. A furlong ; 
 a quantity of land containing /oriy perches. 
 Chart. Withlaf. Beg. Mercior. apud In- 
 gulf. LL. Hen. I. c. 17. Spelman. Co. 
 Litt. 5 b. 
 
 QUAEENTENA, (or QUAEENTENA 
 MULIEEUM^ L.Lat. In old English and 
 Scotch law. Quarentine; widow's quaren- 
 tine. Item necessaria habet uxor, usque ad 
 quarentenara, nisi ei fuerit sua dos citius 
 assignata; also the wife has her necessa- 
 ries during her quarentine, unless her dower 
 have been sooner assigned her. Bract. 
 fol. 60 b. Fleta, lib. 2, c. 57, § 10. Infra 
 quarentenam, — infra quadraginta dies ; 
 within the quarentine, — within the forty 
 days. Bract, fol. 96. Dotes et quarente- 
 nam. Stat. Bob. III. Beg. Scot. c. 
 30, [c. de viduis, 22.] Skene de Verb. 
 Sign. 
 
 QUAEENTINE, Quarantine. L. Fr. 
 and Eng. [from Fr. quarante, forty ; L. Lat. 
 quarentena, quarentina.'\ A space of forty 
 days allowed a widow after the death of 
 her husband, to remain in Lis chief messu- 
 age or mansion-house, during which time 
 her dower shall be assigned her. This 
 privilege was first given by Magna Charta, 
 and the provision is still the law in Eng- 
 land, and probably in all the United States. 
 Mag. Chart, c. 7. Britt. c. 103. Co. lAtt. 
 34 b. 2 Bl. Com. 135. 1 Steph. Com. 
 253. 4 Kenfs Com. 61. 
 
 The word quarentine itself is not in 
 Magna Carta. " Maneat \yidna'\ in capi- 
 tali mesuagio ipsius mariti sui per quadra- 
 ginta dies post obitum mariti sui, infra guos 
 
 assignetur ei dos sua." Mag. Cart. 9 Hen. 
 III. c. 7. In King John's charter, it reads : 
 " Maneat in domo mariti sui per quadra- 
 ginta dies post mortem ipsius, infra quos 
 assignetur ei dos sua." C. 7. In the 
 original articles of the charter, it reads: 
 "Maneat in domo sua per xl dies post 
 mortem ipsius, ei infra terminum ilium 
 assignetur ei dos." C. 4. 
 
 This word is written by Blackstone 
 quarantine, which is the form adopted in 
 most of the modern books. 2 Bl. Com. ub. 
 sup. 4 Kent's Com. ub. sup. Lord Coke, 
 however, writes it quarentine, which, doubt- 
 less, was its original form, as is shown 
 by the use of the word in the law French 
 of Britton, and the invariable occurrence of 
 quarentena, in the Latin of Bracton, Fleta 
 and the Eegister. See Quarentena. Man- 
 sionnes — ou eles purrount demorer lour 
 quarentines ; houses where they may stay 
 their quarentines. Britt. c. 103. 
 
 QUARESME. L. Fr. [from Lat. quad- 
 ragesima.'] In old English law. Lent. 
 Stat. Westm. 1, c. 51. Yearb. M. 7 Edw. 
 IIL 14. 
 
 QUAEREL. [L. Fr. quarel ; Lat. 
 querela.~\ In old English law. A com- 
 plaint or plaint ; an action ; a cause of ac- 
 tion ; a controversy or debate. By the 
 release of all quarrels, not only actions de- 
 pending in suit, but causes of action and 
 suit also were released. 8 Co. 153 a, Al- 
 tham's case. Termes de la Ley. 
 
 QUAETA, Quartalis, Quarlalium. L. 
 Lat. [from quartus, fourth.] In old Euro- 
 pean law. A fourth part; a quarter. 
 Spelman. 
 
 In old English law. A quart; the 
 fourth part of a gallon. Jalones, potellos et 
 quartas ; gallons, pottles and quarts. Fleta, 
 lib. 2, c. 12, § 14. Anciently, a peck; 
 the fourth part of a bushel. Spelman. 
 Bussellos, dimidios et quartas ; bushels, 
 halves and quarts, (quarters.) Fleta, lib. 
 2, c. 12, § 13. 
 
 QUAETER. L. Fr. In old English 
 law. The fourth part of a day. Ascun 
 purra etre seisi en le jornaunt, de ascun 
 tenement en son demeyne come de fee, et 
 avaunt midy, en mesme le quarter, le purra 
 il doner ; one may be seised in the morn- 
 ing of any tenement in his demesne, as of 
 fee, and before noon, in the same quarter, 
 he may give it. Britt. c. 80. The divi- 
 sion of a day into four quarters is also men- 
 tioned by Bracton. Bract, fol. 264 
 
 QUARTER OF A YEAR consists but 
 
QUA 
 
 (364) 
 
 QUA 
 
 of ninety-one days, the additional six hours 
 not being regarded. Co. Litt. 135 b. 
 
 QUARTER SALES. In New-York 
 law. One quarter of purchase money. A 
 name given to covenants in a lease in fee, 
 that in case the lessee should sell the lands, 
 he or the purchaser should pay to the 
 lessor, his heirs, &c., one fourth of the 
 purchase money it should be offered for. 
 See 2 SelderCs B. 467. A species of fine 
 for alienation. 
 
 QUARTER SEAL. In Scotch law. A 
 seal kept by the director of the chancery ; 
 in shape and impression the fourth part of 
 the great seal, and called in statutes the 
 testimonial of the great seal. BeWs Diet. 
 
 QUARTER SESSIONS, (or GENE- 
 RAL QUARTER SESSIONS OF THE 
 PEACE.) In English law. A criminal 
 court held before two or more justices of 
 the peace, (one of whom must be of the 
 quorum,) in every county, once in every 
 quarter of a year. 4 Bl. Gom. 271. 4 
 Steph. Gom. 335. 
 
 QUARTERING. In English criminal 
 law. The dividing a criminal's body into 
 quarters, after execution. A part of the 
 punishment of high treason. ^ Bl. Coot. 93. 
 
 QUARTERIUM. L. Lat. In old Eng- 
 lish law. A quarter. A measure of grain, 
 consisting of eight bushels, struck. Spel- 
 man. Gowell. The London quarter (^'war- 
 terium Londini) was fixed by Magna 
 Charta, (9 Hen. III. c. 25,) as the standard 
 measure of the kingdom. See Fkta, lib. 
 2, c. 9; c. 12, §1. 
 
 The quarter of a year, (quarterium anni.) 
 Fleta, lib. 2, c. 64, §§ 9, 10, 21. 
 
 QUARTO DIE POST. L. Lat. (On 
 the fourth day after.) In practice. The 
 name given to the fourth day inclusive after 
 the return of a writ, upon which, if a de- 
 fendant appeared, it was sufficient. 3 BL 
 Com. 278. See Fleta, lib. 2, c. 65, § 11. 
 Hence called the appearance day, and an- 
 ciently, dies amoris, (day of indulgence.) 
 1 Tidd's Pr. 107. Crabb's Hist. 218. It 
 was the first day in full term, on which 
 the courts sat for the dispatch of business. 
 3 Bl. Com. ub. .lup. 1 Tidd's Pr. ub. sup. 
 A similar period of four days was allowed 
 in the civil and canon law, and formerly in 
 equity practice. Gilbert's For, Bom. c. 3. 
 
 QUASH. [L. Lat. quassare, cassare ; 
 L. Fr. quasser.] In practice. To over- 
 throw ; to abate ; to annul ; to make void, 
 (cassum facere.) Spelman. 3 Bl. Gom. 
 303. To set aside a writ or other proceed- 
 
 ing for some formal defect, not reaching to 
 the merits of the case. The terms " quash" 
 and "dismiss" were distinguished in 24 
 Mississippi B. 462. 
 
 QUASI. Lat. As if; as it were; as 
 though. A term derived from the civil 
 law, and applied to acts, persons, proceed- 
 ings, estates, &c. where they partake so 
 far of the nature of other acts, Ac. as to 
 be assigned to the same general head, 
 though not strictly and properly belonging 
 to it. See Tayl. Civ. Law, 67. It is, in other 
 words, used to denote resemblance with a 
 difference, and may be rendered in English 
 by the expressions " species of," " impro- 
 per," and sometimes, "implied," "pre- 
 sumed," <fec. See infra. Pothier calls it 
 an adverb of impropriety, (adverbium im- 
 proprietatis.) Poth. Oblig. part 2, ch. 3, art. 
 8, sect. 2. 
 
 QUASI CONTRACT. [Lat. quasi con- 
 tractus^ In the civil law. An implied 
 contract ; . an improper contract ; a contract 
 in which the obligation was founded on the 
 consent of the parties, not actually expressed, ^ 
 but implied or presumed by law. Hallifax, 
 Anal. b. 2, c. 19, num. 1. Heinecc. Elem. 
 Jur. Cii'..lib. 3,tit. 28, §966. It was an in- 
 termediate head under which those obliga- 
 tions were ranked, which, while they could 
 not properly be considered as arising out 
 of contract, could not, on the other hand, be 
 said to originate in wrong or malfeasance. 
 Inst. 3. 28, pr. See Civil Code of Louis. 
 art. 2272. 
 
 QUASI DELICT, (or OFFENCE.) 
 [Lat. quasi delictum.^ In the civil law. 
 An improper offence; an unlawful act, 
 done through negligence, without ill de- 
 sign. Hallifax, Anal. b. 2, c. 26, num. 1. 
 Heinecc. Flem. Jur. Civ. lib. 4, tit. 5, § 1 1 12. 
 It was the head under which those acts 
 were ranked which could not be said to 
 arise either out of pure malfeasance, or 
 contract. Inst. 4. 5, pr. See Civ. Code 
 of Louis, art. 2294. 
 
 QUASI DEPOSIT. In the law of bail- 
 ment. A kind of implied or involuntary 
 deposit, which takes place where a party 
 comes lawfully to the possession of another 
 person's property, by finding it. Story on 
 Bailm. § 85. 
 
 QUASSER. L.Fr. To quash. Quasse ; 
 quashed. Vearb. T. 10 Edw. IIL 12. M. 
 8 Hen. VI. 50. 
 
 QUATER COUSIN. " The very name 
 of cater, or (as it is more properly wrote) 
 quater cousias, is grown into a proverb, to 
 
QUE 
 
 (365) 
 
 QUE 
 
 express, by way of irony, the last and most 
 trivial degree of intimacy and regard." 
 Blackst. Law Tr. 6. 
 
 QUATUOR PEDIBUS CURRIT. L. 
 Lat. Runs upon four feet ; runs upon all 
 fours. A term used to denote an exact 
 correspondence. See All fours. Nlllllini 
 simile quatuor pedibus currit. No simile 
 holds in every thing. Co. Litt. 3 a. " It 
 does not follow that they (a trust and an 
 equity of redemption) run quatiLor pedi- 
 bus." 1 W. Bl. 145. 
 
 QUAY. Fr. In French marine law. 
 A space on the side of a harbour for the 
 lading and unlading of merchandize. Ord. 
 Mar. liv. 1, tit. 1, art. 4. 
 
 QUE. L. Fr. That. FoZoras que si ; 
 we will that if. Britt. c. 67. Issi que ; 
 so that. Id. ibid. 
 
 Who. Oely que homage doit faire ; he 
 who ought to do homage. Id. c. 60. 
 Ceux que ount pris; those who have taken. 
 Id. c. 20. 
 
 Which. Les services que a vous appen- 
 dent ; the services which belong to you. 
 Id. c. 68. 
 
 Whose. See Que estate. 
 Than, Par baillyfs autres que par les 
 nos ; by other bailiffs than ours. Id. 
 c. 27. 
 
 QUE DONERA? L. Fr. To whom 
 will he give ? To whom is the gift to be 
 made ! An expression substituted by 
 Lord Coke, in place of Que dirra? in the 
 statute Modus Levandi Fines. The lan- 
 guage of the statute is, — le justice dirra, 
 " Que dirra, Sir Robert ?" et nosmera un 
 des parties ; the justice shall say, "What 
 saith Sir R. ?" and shall name one of the 
 parties. Lord Coke reads " Que donera ?" 
 and translates " who is the eonusee, that 
 he may give it?" and the serjeant names 
 him, 2 Inst. 510. 
 
 QUE EST LE MESME. L. Fr. Which 
 is the same. A phrase anciently used in 
 a defendant's plea, in an action of trespass, 
 denoting a positive justification of the very 
 act complained of by the plaintifi^. Cowell. 
 The same with the more modern Latin 
 phrase, Quce est eadem, (q. v.) 
 
 QUE ESTATE. L. Fr. [L. Lat. cujus 
 statum, or quern statum.'] Whose estate. 
 A term formerly used in pleading, in de- 
 riving a title from another, particularly in 
 claiming a prescription; the party aver- 
 ring that he and those whose ettate he has, 
 {(pie estate il ad,) have been used to enjoy 
 the right claimed, &o. See Prescribe. It 
 
 is a term of general description, used to 
 avoid the necessity of showing in what 
 manner particularly, the estate passed. 
 Termes de la Ley. Steph. PI. 324. See 
 Id. 305. 
 
 QUEEN" ANNE'S BOUNTY. A fund 
 created by a charter of Queen Anne, (con- 
 firmed by statute 2 Ann. c. 11,) for the 
 augmentation of poor livings, consisting of 
 all the revenue of first fruits and tenths, 
 which was vested in trustees forever. 1 
 Bl. Com. 286. 
 
 QUEEN CONSORT. In English law. 
 The wife of a reigning king. 1 Bl. Com. 
 218. 
 
 QUEEN DOWAGER. In English 
 law. The widow of a king. 1 Bl. Com. 
 223. 
 
 QUEEN GOLD. [L. Lat. aurum regi- 
 nce.'] In English law. A revenue reserv- 
 ed to the queens of England, from a very 
 early period, out of the demesne lands of 
 the crown, which was expressly appropri- 
 ated to their use, distinct from the king. 
 1 Bl. Com. 220, 222. It has not been ex- 
 acted since the death of Henry VIII. 
 except on one occasion, in the reign of 
 Charles L Id. 221. 
 
 QUEEN REGNANT. In English law. 
 A queen who holds the crown in her own 
 right; as the first Queen Mary, Queen 
 Elizabeth, Queen Anne, and the present 
 Queen Victoria. 1 Bl. Com. 218. 2 
 Steph. Com. 465. 
 
 QUEEN'S BENCH. The English 
 court of King's Bench is so called during 
 the reign of a queen, as at present. 3 
 Steph. Com. 403. 
 
 QUEEN'S (or KING'S) COUNSEL. 
 In English law. Barristers called within 
 the bar, and selected to be the queen's (or 
 king's) counsel, learned in the law; an- 
 swering, in some measure, to the advo- 
 cates of the revenue, (advocati fisci,) 
 among the Romans. They cannot be em- 
 ployed in any cause against the crown, 
 without special license. 3 Bl. Com. 27. 
 3 Steph. Com. 386. 
 
 QUEEN'S (or KING'S) EVIDENCE. 
 In English law. An accomplice in a fel- 
 ony, who is admitted as evidence for the 
 crown against his accomplices;* one to 
 whom a hope is held out that if he will 
 fairly disclose the whole truth, as a wit- 
 ness at the trial, and bring the other 
 offenders to justice, he shall himself escape 
 punishment. 4 Steph. Com. 398, 399 
 QUEEN'S PRISON. In English law. 
 
QUE 
 
 ( 366 ) 
 
 QUE 
 
 A prison appropriated to the debtors and 
 criminals confined under process, or by 
 authority of the superior courts at West- 
 minster, the Marshalsea Court and Palace 
 Court, and the High Court of Admiralty, 
 and also to persons imprisoned under the 
 bankrupt law. It was established by stat- 
 ute 5 <fe 6 Vict. c. 22, consolidating into 
 one, the Queen's Bench, the Fleet, and 
 the Marshalsea Prisons. 3 Steph. Com. 
 254. 
 
 QUENS, Quem. L. Fr. In old Eng- 
 lish law. Earl. LL. Gul. Oonq. 1. 2. 
 
 QUER'. An abbreviation of querens, 
 (plaintiff.) 1 Inst. Cler. 12. 
 
 QUERELA. Lat. [from gueri, to com- 
 plain.] In the civil law. A complaint. 
 A name given to the three actions of 
 querela testamenti inofficiosi, querela inoiffi- 
 cioscs donationis, and querela inofficiosos 
 dotis. Calv. Lex. Oldendorpius. Prateus. 
 Called by the milder name of complaint, 
 because the relatives between whom it lay, 
 were not supposed to accuse and litigate 
 in the ordinary way. Voss. Inst. Oral. 
 lib.l, c. 6, § 2. Heinecc. Ehm. Jur. Civ. 
 lib. 2, tit. 18, § .580. 
 
 QUERELA INOFFICIOSI TESTA- 
 MENTI. Lat. In the civil law. A com- 
 plaint of an inofficious or nndutiful will. 
 A species of action allowed to a child that 
 had been unjustly disinherited or passed 
 over in its parent's will, to rescind the will, 
 which was complained of, not as being ille- 
 gally made, but as not being consistent 
 with parental duty, (non ex officio pietatis.) 
 Inst. 2. 18, pr. Heinecc. Mem. Jur. Civ. 
 lib. 2, tit. 18. 2 Kenfs Com. 327. It 
 was grounded on the delicate fiction that 
 the testator was not of sound mind when 
 he made the will, {hoc colore, quasi non 
 sance mentis fuerint, cum testamentum ordi- 
 narent.) Inst. ub. sup. 
 
 QUERELA. L. Lat. [L. Fr. querele ; 
 from queri, to complain.] In old English 
 law. A complaint or plaint in an action ; 
 a plaintiff's count or declaration. Propo- 
 nat querens querelam suam et intentionem ; 
 the plaintiff shall propound or exhibit his 
 complaint and count. Bract, fol. 57. 
 
 An action preferred in any court of jus- 
 tice. Cowell. A cause of action ; a con- 
 troversy, or debate. 8 Co. 153, AlihanrHs 
 case. Hence the old English querel, gua- 
 rd and quarrel, (q. v.) in the sense of ac- 
 tion, or cause of action. Id. ibid. 2 Inst. 
 213. 
 
 QUERELE, Querrel. L. Fr, In old 
 
 English law. A complaint ; an action. A 
 oyer et terminer toutes quereles del people; 
 to hear and determine all the complaints of 
 the people. £ritt. fol. 1. Yearb. P. 18 
 Hen. VL 5. 
 
 QUERENS. Lat. [from queri, to com- 
 plain.] In old English practice. A plain- 
 tiff; the plaintiff or complaining party. 
 Bract, fol. 98 b, 214, 240, et passim. 8 Co. 
 153 b. The complaining party in a per- 
 sonal action ; as petens, (demandant,) was, 
 in a real action. Actor, sive sit petens sive 
 querens. Bract, fol. 106 b. But querens 
 was used in assises. Meta, lib. 4, c. 7. 
 
 QUERKE. L. Fr. [from Lat. querens:] 
 In old English law. An oak. Querhes ; 
 oaks. Yearb. M. 11 Hen. VL 3. Dyer, 
 35 b, (Fr. ed.) 
 
 QUESTA. L. Lat. In old records. 
 A quest; an inquest, inquisition or in- 
 quiry, upon the oaths of an empanelled 
 jury. Cowell, 
 
 QUESTION. [Lat. qucestio.] A name 
 given to the rack used to extort confession 
 from criminals. 4 Bl. Com. 325. See 
 Qucestio. 
 
 QUESTUS, Qucestus. Lat. [from quce- 
 rere, to seek, to get or acquire.] In old 
 English law. Land which was gained not 
 by hereditary succession, but by one's own 
 labor and industry, (quce suo sibi quisque 
 comparat labore et industrid;) purchase 
 land, (terra perquisita.) Spelman. Aut 
 habet hcereditatem tantum, aut questum 
 tantum, aut hcereditatem et questum ; 
 either has inheritance only, or purchase 
 only, or both inheritance and purchase. 
 Glanv. lib. 7, c 1. Spelman quotes from 
 the Book of Ramsey, (written in the reign 
 of King Stephen,) a passage which carries 
 this sense of the word as far back as the 
 Saxon King Ethelred. 
 
 *i^* From questus, (or qucerere, its root,) 
 was framed, at an early period in Euro- 
 pean law, the compounds conquestus, con- 
 questum, denoting, properly, that which 
 was gotten together, as by the labor of sev- 
 eral, (quasi A-^a nis cwt^yois.) Spelman. 
 Hence the French conquest, which Lin- 
 denbrog, (commenting on the Capitular. 
 Carol, lib. 4, c. 74,) defines " acquisitions 
 of goods made during marriage," {acquisi- 
 tions de Mens faioles durant le mariage ;) 
 which is precisely the signification of the 
 word in Scotch law. See Conquest. 
 
 That conquest was originally used in 
 English law in the sense of acquisition or 
 purchase, and was improperly and abu- 
 
QUI 
 
 (367) 
 
 QUI 
 
 sively {cev, per adulterium) employed to 
 ex|3ress the ideas of victory and martial 
 subjugation, (now inseparable from it), is 
 clearly shown by Spelman, who traces it 
 to the peculiar circumstances under which 
 the great Norman Conquest of England 
 was accomplished. William the First was 
 called "the Conqueror, ^^ (Lat. conquestor,) 
 because he succeeded to the throne of 
 England not by hereditary right, but on 
 the bequest of Edward the Confessor ; 
 that is, (according to the old French 
 idiom,) by quest and conquest, commonly 
 called purchase. But as the enforcement 
 of his right, thus acquired, was accom- 
 plished by means of the signal victory ob- 
 tained over Harold and the Saxons, the 
 ideas of victory and subjugation became 
 so strongly attached to his peculiar title of 
 Conquestor, as gradually to obscure, and 
 finally to supplant its original and proper 
 meaning. 
 
 QUESTUS EST NOBIS. L. Lat. 
 Hath complained to us. Initial words of 
 various old writs in the Register. Hey. 
 Orig. 92, 93. 
 
 QUI, Qi, Qy. L. Fr. Who; whom. 
 De ceux qui par engyn ount ; of those 
 who by fraud have. Britt. c. 4. Cely de 
 qui sount tenus ; him of whom they are 
 holden. Id.c.'lS. JVe poit saver par qui 
 nepar quex ; cannot know by whom (sing.) 
 nor by whom (plur.) Id. c. 6. 
 
 ftui doit iiiheriter al pere doit inleriter al 
 
 fitZi He who should have been heir to 
 the father shall be heir to the son. 2 £1. 
 Com. 223. Broom's Max. [389.] 
 
 QUI. Lat. Who ; he who. The initial 
 word of numerous maxims. See infra. 
 
 %m adimit medium, dirimit finem. He 
 
 who takes away the mean, destroys the 
 end. Co. Litt. 161 a. He that deprives 
 a man of the mean by which he ought to 
 to come to a thing, deprives him of the 
 thing itself. Id. ibid. Litt. sect. 237. 
 
 See ^ui destmit, &c. 
 
 (lot aliquid statuerit, parte inaudita al- 
 tera, ajqnum licet dixerit, hand aequum fecerit. 
 He who determines any matter with- 
 out hearing both sides, though he may 
 have decided right, has not done justice. 
 6 Co. 52 a, BoswelVs case. A quotation 
 from Seneca. Traged. fo. 56,'Medea, 195. 
 4 Bl. Com. 283. 
 
 %\a. alterius jure utitnr, eodem jure uti 
 debet. He who uses the rigb^ of another, 
 ought to use the same right, [that is, 
 ought to use it subject to the rights and lia- 
 
 bilities pertaining to it.] BroorrCs Max. 
 [356.] 
 
 Qui bene interrogat, bene docct. He who 
 
 questions well, teaches well. 3 Bulstr. 
 227. Information or express averment 
 may be eifectually conveyed in the way of 
 interrogation. Id. ibid. 
 
 %\A bene distlnguit, bene docet. He who 
 distinguishes well, teaches well. 2 Inst. 
 470. In both these maxims, docet is trans- 
 lated in Branch's Principia, " learns." 
 
 ^ni concedit aliquid, concedit omne id sine 
 quo concessio est irrita. He who grants 
 any thing, grants every thing without which 
 the grant is fruitless. Jenk. Cent. 32, case 63. 
 
 ^ui contemnit praiceptum, contemnit prse- 
 
 Cipientem. He who contemns [contemptu- 
 ously treats] a command, contemns the 
 party who gives it. 12 Co. 97, Countess 
 of Shrewsbury's case. 
 
 ftui cum alio contrahit, vel est, vel esse 
 debet non ignarus conditionis ejus. He who 
 contracts with another either is, or ought 
 to be, not ignorant of his condition. Dig. 
 50. 17. 19. Story's Confl. Laws, § 76. 
 
 %\A destruit medium, destmit finem. He 
 who destroys the mean, destroys the end. 
 lO Co. 51 b, Lampet's case. Co. Litt. 
 161 a. Shep. Touch. 342. 
 
 ftni ex damnato eoitu nascuntnr inter li- 
 bcros non computantur. They who are 
 born of a condemned [or illicit] connection, 
 are not counted among children. Bract. 
 fol. 5. Co. Litt. 8 a. 2 Bl. Com. 247. 
 Bastards are held to be nullius filii, the. 
 children of nobody. Id. ibid. Broom's 
 Max. 221, [390.] 
 
 Qui facit per alium, facit per se. He who 
 
 acts through another, acts of himself. 1 
 Bl. Com. 429, 474. Otherwise expressed, 
 
 ftui per alium facit, per scipsnm facere vide- 
 tur. He who acts by another is considered 
 as acting of himself Co. Litt. 258 a. He 
 who does an act through the medium of 
 another party, is in law considered as doing 
 it himself. -Broom's i/"ax. 373, [643.] An 
 agent is merely the medium through which 
 the principal himself acts. The fundamen- 
 tal principle of the law of agency, and a 
 maxim of almost universal application. 
 Story on Agency, §§ 440, 442. 7 Man. 
 d Gr. 32, 33. See 1 Selden's R. 48, 53. 
 
 ftui habet jurisdictionem absolvendi, liabet 
 jurisdictionem ligandi. He who has juris- 
 diction to loosen, has jurisdiction to bind. 
 12 Co. 60. Applied to writs of prohibition 
 and consultation, as resting on a similar 
 foundation. Id. ibid. 
 
QTJI 
 
 ( 368) 
 
 QUI 
 
 ftui haerct in litera, hJcrct in cortice. He 
 
 who sticks, [stops] in the letter, stops in the 
 rind, [or outer covering.] Co. Litt, 54 b. 
 6 Co. 4 b, Lord Mountjoy' s case. 11 Co. 
 34 b, jPowlter's case. 2 Eden, 55. Grose, 
 J. 12 East, 372. He who stops in the 
 mere letter of an instrument, (goes no far- 
 ther than the mere words of it,) stops in 
 its outer covering, and does not reach its 
 essential meaning. Words are the mere 
 cortex, rind, or bark of an instrument or 
 statute, and are not to be paused upon or 
 dwelt upon, to the neglect of the heart, pith 
 or inner substance.* He who considers 
 merely the letter of an instrument, goes but 
 skin-deep into its meaning. BroorrHs Max. 
 [534.] Where the intention is clear, too 
 minute a stress should not be laid on the 
 strict and precise signification of words. 2 
 Bl. Com. 879. Broom's Max. ub. sup. 
 See Cortex, Bark. 
 
 This is one of the most familiar maxims 
 of the law, but its literal meaning is scarcely 
 expressed by the common translation, "He 
 who sticks to the letter, sticks to the bark," 
 which besides being rude, is grammatically 
 inaccurate, and does not express the full 
 force of kceret, which does not imply adhe- 
 sion to a thing, but rest or pause upon or 
 in it ; hesitancy ; a going no farther. The 
 English word "stick" had precisely this 
 meaning, and is often used in the old books 
 to denote hesitancy on the part of a judge. 
 See Hmrere. 
 
 Lord Bacon, citing this maxim, pushes 
 the figure still farther. " This is not wor- 
 thy the name of cortex ; it is but muscus 
 corticis, the moss of the bark." Argument 
 in Case of the Postnati of Scotland ; Works, 
 iv. 333. 
 
 %\a in jus dominiumTC alterins succedit, 
 jure ejus uti debet. He who succeeds to 
 the right or property of another, ought to 
 use his right [ought to exercise it as the 
 assignor himself would have exercised it] 
 Dig. 60. 17. 177, pr. The assignee of pro- 
 perty takes it subject to all the liabilities, 
 and clothed with all the rights which attach- 
 ed to it in the hands of the assignor. 
 Broom's Max. [356.] 
 
 ftui jure suo utitur, nemini facitinjuriam. 
 
 He who uses his own right, harms no 
 one. Branch's Pr. Another form of the 
 
 civil law maxim Non videtur Tim facere, &c. 
 
 (q. V.) 
 
 ftui jussu judicis aliquod feccrit, non vi- 
 detur dolo malo fecisse, quiaparere necesse est. 
 He who does any thing by command of a 
 
 judge, [or one lawfully exercising judicial 
 authority,] i« not supposed to have acted 
 from a wrong or improper motive, because 
 it was his bounden duty to obey. 10 Co. 
 76 a, b. BromrHs Max. 48, [69.] 
 
 ^ui non habet, ille non dat. He who 
 
 has not, gives not. He who has nothing 
 to give, gives nothing. A person can- 
 not convey a right that is not in him. 
 If a man grant that which is not his, the 
 grant is void. Shep. Touch, (by Preston,) 
 243. Watkinson Conv. (by Preston,) 191. 
 See Nemo dare potest, &c. 
 ({ni non habet in crumena, luat in corpore. 
 
 He who has not [the means of satisfaction] 
 in his purse, must pay in his body. If a 
 man cannot pay his fine, he must go to 
 prison. 4 Bl. Com. 380. Otherwise ex- 
 pressed, Qui non liabet in sere, Inat in cor- 
 pore. 2 Inst. 173. Si in sre non Iiabeat, 
 
 in pelle luat. l Rents Com. 423. 
 
 ^ui non obstat quod obstare potest, facere 
 videtur. He who does not prevent [a 
 thing] which he can prevent, is considered 
 to do [as doing] it. 2 Inst. 146. 
 
 Qui non improbat, approbat. He who 
 
 does not condemn, approves. 3 Inst. 27. 
 
 %\A non proliibet quod proliibere potest, as- 
 sentire videtur. He who does not forbid 
 [an act] which he can forbid, is supposed 
 to assent [to it.] 2 Inst. 305. Otherwise 
 expressed, ftui non prohibct cum proliibere 
 possit, jnbet. He who does not forbid [a 
 thing being done] when he can forbid it, 
 commands [it.] 1 Bl. Com. 430. Negli- 
 gence is a kind of implied consent. Id. 
 ibid. See Grotius de Jur. Bell. lib. 2, c. 
 21, § 2, n. 2. 
 
 Ilui obstruit aditum, destruit commodnm. 
 He who obstructs a way, passage or en- 
 trance, destroys a benefit or convenience. 
 Co. Litt. 161 a. He who prevents another 
 from entering upon land, destroys the bene- 
 fit which he has from it. Id. ibid. 
 
 Qui " omne" dicit, nihil eicludit [excipit.] 
 
 He who says " all" excludes or excepts 
 nothing. 11 Co. 59 h, Foster's case. Shep. 
 Touch, (by Preston,) 90. 
 
 (lui peccat ebrins, luat sobrius. He who 
 sins when drunk, shall be punished when 
 sober. Cary's B. 133. Broom's Max. 
 [14.] 
 
 Qui potest et debet vetare, jnbet. He who 
 can and ought to forbid a thing [if he do 
 not forbid it,] directs it. 2 Kent's Com. 
 483, note. ■ 
 
 Qui primum peccat, ille facit rixam. He 
 who first sins makes the strife. He who 
 
QUI 
 
 ( 369) 
 
 QUI 
 
 does the first wrongful act is chargeable as 
 the cause of the quarrel. BrancKa Max. 
 ftiii prior est tempore, potior est jure. He 
 who is before in time is the better in right. 
 Priority in time gives preference in law. 
 Co. Liu. 14 a.' 4 Co. 90 a, Brury^s case. 
 3 Hast, 93. A maxim of very extensive 
 application, both at law and in equity. 
 Broom's Max. 329—335, [260.] 1 Siorfs 
 JEq. Jur. § 64 d. Story on Bailm. § 312. 
 24 Mississippi B. 208. 
 
 ^ui rationem in omnibas quicrniit, ratio- 
 nem SUbvcrtunt. They who seek a reason 
 in [for] every thing, subvert reason. 2 Co. 
 75 a. Lord Cromwell's case. A sentence 
 quoted from Theophrastus, in Met. There 
 are some things for which no reason can 
 be given, and for which no reason should 
 be sought or required. Broom's Max. 66, 
 [117.J 
 
 Qai semel actionem renunciaverit, ampli- 
 us repetere non potest. He who has once 
 
 relinquished his action, cannot bring it 
 again. 8 Co. 59 a, Beecher's case. A rule 
 descriptive of the effect of a retraxit and 
 nolle prosequi. 
 
 (lui semel est mains, semper pra;snmitar esse 
 malus in eodem genere. He who is once 
 
 criminal, is presumed to be always criminal 
 in the same kind, or way. Cro. Car. 317. 
 Best on JEvid. 345. He who has once 
 committed an offence, is supposed always 
 to have an inclination to repeat it. 
 (lai sentit commodnm, seatire debet et 
 
 onuSi He who experiences the benefit, 
 ought also to feel [or bear] the burden. 
 He who enjoys the benefit or advantage of 
 a thing, ought also to be subject to the bur- 
 den or disadvantage connected with it. 2 
 Inst. 489. A maxim expressed in a hexa- 
 meter line, and one of the most extensive 
 application in the law. He who enjoys 
 the benefit arising from a title to land, 
 must bear the burden of the incumbrances 
 attached to it, and of the covenants that 
 run with the land. Broom's Max. 313, [552.] 
 Bacon's Use of the Law, 31. Shep. Touch. 
 178. All who are to receive benefit from 
 the construction of a thing, must be con- 
 tributory to its construction. 5 Co. 100 a, 
 Rooke's case. So, in partnership, the agree- 
 ment to share in the profits of the concern 
 carries with it a corresponding liability for 
 the debts or losses. Broom's Max. 31 5, 
 [554.] So, a principal will not be allowed 
 to avail himself of the benefits of a trans- 
 action by his agent, without at the same 
 time subjecting himself to its burthens. 
 Vol. II. 
 
 Story on Agency, § 389. And, in equity, 
 the rule has an extensive application. 1 
 Story's Eq.Jur.%4:&9. 
 
 %n\ sentit onus, sentire debet ct commodnm. 
 
 He who bears the burden of a thing, ought 
 also to experience -the advantage arising 
 from it. 1 Co. 99 a, Shelley's case. As 
 a principal is bound by the acts of his au- 
 thorized agent, so he may take advantage 
 of them. Broom's Max. 311, [559.] This 
 is the converse of the preceding maxim. 
 QUI statiiit aliquid, parte inaudita altera, 
 ^qnum lieet statuerit, baud sequua fuit. 
 
 He who determines any thing, without 
 hearing both parties, though he may have 
 determined justly, has not himself been 
 just. A quotation from Seneca, which has 
 been adopted as a maxim of the common 
 law. 4 Bl. Com. 283. See ftui aiiqnid sta- 
 tnerit, &c. 
 
 ftni tacet, consentire videtur. He who i« 
 silent, is supposed to consent ; the silence 
 of a party implies his consent. Jenk. Cent. 
 32, case 64. Id. 68, case 30. Id. 226, 
 case 87. The principle of the doctrine of 
 implied waiver, of the validity of proceed- 
 ings by default, (fee. and of the doctrine of 
 equitable estoppel in equity. Thus, if a 
 person having the legal title to property, 
 stands by and acquiesces in the sale of it 
 by another person claiming or having color 
 of title, he will be estopped afterwards in 
 asserting his title against the purchaser. 
 2 Kent's Com. 483, note. So, where the 
 owner of land stands by and suffers another 
 who supposes he has an absolute title to 
 the estate, to expend money in improve- . 
 ments and erections on the land, without 
 giving any notice of his own claim, he will 
 not be permitted to avail himself of such 
 improvements, without paying a full com- 
 pensation therefor. 1 Story's Eq. Jur. 
 §§ 388, 389. See 1 Story's R. 493. As 
 to the application of the rule in the law of 
 evidence, see 1 Qreenl. Evid. § 199. 
 
 This maxim is immediately derived from 
 the canon law, and is otherwise expressed 
 with still more brevity, %\\i tacet consentif; 
 he who is silent, consents. Bonifacius dt 
 Reg. Juris in Sexto, reg. 43. 1 Mackeld. 
 Civ. Law, 162, Kaufmann's note. The 
 civilians have generally supposed it to be 
 of too sweeping a nature, and have accor J- 
 ingly qualified it by the maxim laid dowM 
 
 in the Digests, Q,ui tacet non ntiqne fatetur, 
 sed tamen verum est eum noa negare. H« 
 
 who is silent does not thereby confess, but 
 yet it is true that he does not deny. Dij. 
 
QUI 
 
 (370) 
 
 QUI 
 
 50. 17. 142. But, according to Dr. Kauf- 
 mann, tliese two rule's apply to matters 
 that are wholly distinct ; consensus belong- 
 ing to the doctrine of contracts alone, while 
 tonfessio relates merely to proceedings. 
 
 QUI TAM. L. Lat. (Who as well.) 
 The name given to an action brought by 
 an informer, where part of the penalty or 
 forfeiture sued for, is given to the king, the 
 state, the poor, or to some public use, and 
 the other part to the informer or prosecu- 
 tor. So terrned from the emphatic woi:d8 
 of the clause in which the plaintiff was de- 
 scribed in the old forms : Qui tam pro 
 domino rege, tkc. gudm pro seipso in hac 
 parte sequitur ; who sues as well for the 
 king, <fec. as for himself, in this behalf. 3 
 Bl. Com. 160. 
 
 ftui tardius solvit, minus solvit. He who 
 
 pays more tardily [than he ought,] pays 
 less [than he ought.] Jefik. Gent. 68. A 
 maxim of the civil law, in which minus had 
 the technical sense of negation, which is 
 entirely lost sight of in the common Eng- 
 lish translations. See Minus. Mious SolTit 
 admits of (if it does not here require) the 
 translation, "pays not at all ;" the maxim 
 importing that a failure to pay at the time 
 stipulated amounts to a breach of the pro- 
 mise to pay, though payment be actually 
 made afterwards. 
 
 ftui timent, cavent et vitant. They who 
 fear, take care and avoid. Branch's Pr. 
 
 ftui vnlt decipi, deciplatur, Let him who 
 
 chooses to be deceived, be deceived. Where 
 a man procures a fraud to be committed 
 on himself, he must bear the consequences 
 of it, and cannot take advantage of his own 
 wrong to the prejudice of another. Shep. 
 Touch, (by Preston,) 56. 
 
 QUIA. Lat. Because. A word par- 
 ticularly appropriated to express the cause 
 (causa) or consideration of a grant, in old 
 conveyances. Co. Litt. 204 a. 
 
 Seito quod «i modus est, si conditio, quia cauen. 
 Sracl. fol. 18 b. 
 
 QUIA DATUM EST NOBIS INTEL- 
 LIGI. L. Lat. Because it is given to us 
 to understand. Formal words in old writs. 
 Hot. Pari. 4 Hen. IV. 
 
 QUIA DOMINUS EEMISIT CUKI- 
 AM. L. Lat. In old practice. Because 
 the lord hath remised or remitted his court. 
 A clause inserted at the conclusion of a 
 writ of right, where it was brought, in the 
 first instance, in the king's court ; the lord 
 in whose court-baron it regularly ought to 
 be first brought, having waived or remitted 
 
 his right. 3 Bl. Com. 195. Id. Appendix, 
 
 QUIA EMPTORES. Lat. (Because 
 the purchasers.) The title of the statute of 
 Westminster 3, 18 Edw. I. c. 1, which pro- 
 vided that from thenceforth it should be 
 lawful for every freeman or freeholder to 
 sell his lands or tenements or part thereof 
 at his pleasure, so that, however, the feoffee 
 should hold such lands or tenements of the 
 chief lord of the same fee, by the same 
 services and customs by which his feoffor 
 before held them. Cap. 1. So called 
 from its initial words: Quia emptores 
 terrarum et ienementorumde/eodis magna- 
 tum, &c. 2 Bl. Com. 91. See Barringi. 
 Obs. Stat. 167. See the New-York case 
 of De Peyker v. Michael, 2 Selden^s R. 
 467. 
 
 QUIA ERRONICE EMANAVIT. L. 
 Lat. Because it issued erroneously, or 
 through mistake. A term in old English 
 practice. Yelv. 83. 
 
 QUIA IMPROVIDE EMANAVIT. 
 L. Lat. Because it issued iniprdvidently, 
 or unadvisedly. Amhl. 61. 3 JEast, 128. 
 
 QUIA TIMET. Lat. (Because he 
 fears or apprehends.) In equity practice. 
 The technical name of a bill filed by a 
 party who seeks the aid of a court of equity, 
 because he fears some future probable in- 
 jury to his rights or interests. 2 Story's 
 JEq. Jur. § 826. Bills quia timet are so 
 called in analogy to certain writs of the 
 common law, whose objects were of a 
 similar nature ; and they are, in themselves, 
 in the nature of writs of prevention to ac- 
 complish the ends of precautionary jus- 
 tice. Id. §§ 825, 826. 
 
 QUICK. Living; alive. '' Quic^ chat- 
 tel must be put in pound-overt, th^t the 
 owner may give them sustenance; dead 
 need not." FincKs Law, b. 2, ch. 6. See 
 QuyJce. 
 
 ^iiicquid acquiritnr servo, acquiritnr do- 
 mino. Whatever is acquired by the ser- 
 vant is acquired for the master. Pulling 
 on Merc. Accounts, 38, note. Whatever 
 rights are acquired by an agent, are ac- 
 quired for his principal. Story on Agency, 
 §403. 
 
 ftuicquid est contra normam recti, est in- 
 juria. Whatever is against the rule of 
 right, is a wrong. 3 Bulstr. 313. 
 
 ((uicqnid in excessu actum est, lege prohi- 
 
 betur. Whatever is done in excess is pro- 
 hibited by law. 2 Inst. 107. 
 
 Quicquid judicis auctoritati subjicitur, 
 
QUI 
 
 ( 371 ) 
 
 QUI 
 
 noTitati non SUbjicitur, Whatever is sub- 
 jected to the authority of a judge is not 
 Bubjeoted to novelty. Whatever is left 
 to the discretion of a judge, as in cases 
 ■without precedent, is not for that reason 
 left to the caprice of novelty or innovation. 
 4 Inst. 66. 
 
 (luicquid plantatnr solo, solo cedit. What- 
 ever is planted in the soil, belongs to the 
 soil, [or becomes a part of it.] A maxim 
 derived from the civil law, and embodying 
 the general common law rule, that what- 
 ever is planted in the soil passes with it. 
 See this rule and its exceptions considered, 
 iji£room'sMaxim.s,111— 189, [298—310.] 
 
 By an extension of the meaning of the 
 word plantatur, this maxim has also been 
 applied in the law of fixtures. Wentworth 
 Offic. Exec. 145. Broom's Max. 1 89, [310,] 
 et seq. 2 Smith's Lead. Cas. 114. 2 
 Steph. Com. 261. But in the civil law, 
 plantatio is confined to its proper significa- 
 tion ; cedifxatio or incedificatio being the 
 words used to express artificial additions 
 or accessions to the soil. Inst. 2. 1. 29, 
 30, 31. 
 
 (luicquid solvitur, solTitur secundum mo- 
 dnm solventis, — qnicquid recipitur, rccipitur 
 secundum modum recipientis. Whatever 
 is paid, is paid according to the manner of 
 [directed or intended by] the payer, — what- 
 ever is received, is received according to 
 that of the receiver. Halk. Max. 149. 
 BroonCs Max. [638.] 
 
 QUID. Lat. What. A word used in 
 old writers, as preliminary to definition. 
 Thus Sheppard, in his Touchstone, arranges 
 his subjects under the two general heads 
 of Quid, (what,) and Quotuplex, (of how 
 many kinds.) Shep. Touch. 37, 50. 
 
 QUID JURIS CLAMAT. L. Lat. 
 (What right he claims.) In old English 
 practice. A writ which lay for the grantee 
 of a reversion or remainder, where the 
 particular tenant would not attorn, for the 
 purpose of compelling him. Termes de la 
 Ley. Cowell. 
 
 QUID PEG QUO. Lat. What for 
 what; something for something. An equi- 
 valent, or consideration ; that which is 
 given in exchange for another thing ; that 
 which is done in consideration of another 
 thing. Answering to the Gr. awaWariia, 
 a reciprocal performance of both parties to 
 a contract. Cowell. 2 P. Wms. 219. 
 
 QUIET ENJOYMENT, Covenant for. 
 In conveyancing. An ordinary covenant 
 in deeds, whereby the grantor agrees that 
 
 the grantee shall hold the land, undisturbed 
 by himself or others. 2 Hilliard's Real 
 Prop. 374. 4 Kenfs Com. 471. 
 
 QUIETA CLAMANTIA. L. Lat. In 
 old English law. Quit-claim. Charta de 
 quieta clamantia ; a charter or deed of quit- 
 claim. Bract, fol. 33 b. Fleta, lib. 3, e. 
 14, § 1. Called also quiete clamantia, (q. v.) 
 And in some old records, quieta clamatio. 
 Par. Ant. 220. Fleta, lib. 5, c. 39, § 6. 
 
 QUIETANCIA, Quietantia. L. Lat. 
 In old English law. A quittance, acquit- 
 tance, or testimonial of receipt. Cowell. 
 
 QUIETARE. L. Lat. To quit, acquit, 
 discharge or save harmless. A formal 
 word in old deeds of donation and other 
 conveyances. Cowell. 
 
 QUIETE. Lat. Quietly; in quiet; 
 peaceably. A formal word in ancient 
 deeds. Hahendam et tenendum, — libere et 
 quiete, honorifice, bene et in pace ; to have 
 and to hold — freely and quietly, honor- 
 ably, well and in peace. Bract, fol. 35. 
 Bracton, in his exposition of the form 
 from which these words are extracted, ob- 
 serves that by the word quiete, (quietly,) 
 the donor means that the donee shall have 
 quiet and peace, so that he may enjoy the 
 thing given peaceably, and not be disqui- 
 eted. See Fleta, lib. 3, c. 14, § 5. It 
 seems to be the germ of the modern cove- 
 nant for quiet enjoyment. 
 
 QUIETE CLAMANTIA. L. Lat. In 
 old English law. Quit-claim. Bract. foL 
 33 b. 
 
 QUIETE CLAMARE. L. Lat. In 
 old conveyancing. To quit-claim ; to re- 
 nounce all pretension of right and title. 
 Cowell. Quietum clamare is used by 
 Fleta, Littleton and Coke. 
 
 QUIETUM CLAMARE. L. Lat. In 
 old conveyancing. To quit-claim. Nove- 
 rint universi per prmsentes me, A. de B. 
 remisisse, relaxasse, et omnino de me et here- 
 dibus meis quietum clamasse C. de D. to- 
 tum jus, &c. ; Know all men by the pre- 
 sents, that I, A. of B. have remised, re- 
 leased, and altogether from me and my 
 heirs, have quit-claimed to C. of D. all the 
 right, &c. Litt. sect. 445. See Fleta, 
 lib. 5, c. 37, § 5. 
 
 QUIETUS, Quittus. L. Lat. In 'old 
 English law. Quit; clear; free; acquit- 
 ted ; discharged. JiFisi capilalis debitor 
 monstraverit si inde esse quietum versus 
 eosdem plegios; unless the principal debtor 
 show that he is discharged thereof against 
 i the same pledges, Mag. Cart. 9 Hen, III. 
 
QUI 
 
 (372 ) 
 
 QUI 
 
 C. 8. Quod quieti sini imperpetuum de 
 omnibus purpresturis, <fec. ; that they he 
 forever quit of all purprestures, <fec. Cart, 
 de For. 9 Hen. III. e. 4. Hecedet inde reus 
 quietus imperpetuum ; the defendant shall 
 go quit thereof forever. Fkta, lib. 2, 
 c. 63, § 12. 
 
 QUIETUS. L. Lat. In exchequer 
 practice. A word used by the clerk of the 
 pipe, and auditors in the exchequer, in 
 their acquittances or discharges given to 
 accountants; usually concluding with an 
 ahinde recessit quietus, (hath gone quit 
 thereof;) which was called a quietus est. 
 Cowell. 
 
 An acquittance or discharge. " C. W. 
 passed his accounts to Lady day, 1724, 
 and had his quietus for each year, to that 
 time." ^MwS. 316, case 400. See Hardr. 
 189. 
 
 This word is used in American law, and 
 applied to the discharge of an executor or 
 administrator. See 4 Mason's R. 133. 
 3 Florida B. 233. 
 
 QUIETUS. L. Lat. In old practice. 
 The dismissal or removal of a judge from 
 the bench. " After this time. Sir Francis 
 Pemberton received his quietus, and after- 
 wards practiced again in all the courts in 
 Westminster Hall, but without the bar, as 
 a Serjeant." 2 Show. 94. " This vacation, 
 Sir Kobert Sawyer had his quietus." 3 
 Mod. 143. See Id. 239. 
 
 QUIETUS REDDITUS. L. Lat. In 
 old English law. Quit rent. Spelman. 
 See Quit rent. 
 
 ftullibct potest renuneiare juri pro se in- 
 
 troductOi Every one may renounce or re- 
 linquish a right introduced for his own 
 benefit. 2 Inst. 183. Wingate's Max. 
 483, max. 123. 4 £1. Com. 317. Every 
 man can renounce a benefit which the law 
 would have introduced for his own conve- 
 nience. Broom's Max. 310. Any one 
 may, at his pleasure, renounce the benefit 
 of a stipulation, or other right, introduced 
 entirely in his own favor. Id. [546.] A 
 general maxim, applied to the relinquish- 
 ment of claims, defences and other rights 
 upon which a party may insist if he 
 chooses, /d 309— 313, [547— 552.] Best 
 on Evid. Introd. 103. Every man may 
 waive rights the benefit whereof exclu- 
 sively belongs to himself. Story on 
 Agency, § 463. So a person may re- 
 nounce a constitutional provision made for 
 his o^vn benefit. 6 HilPs (N. Y.) R. 47. 
 Cowen, J. Id. 48. See 4 Ohio St. R. 376. 
 
 This maxim is obviously derived from 
 
 those of the civil law. Unicuique licet con- 
 temnere bm quie pro ge introducta sunt. 
 Big. 4. 4. 41. Omnes licentiam habent his 
 quae pro se introducta sunt, renuneiare. 
 
 Cod. 2. 3. 29. Bracton repeats it in 
 nearly the modern form: Potest quis rc- 
 
 nnnciare pro se et sais juri quod pro se in- 
 
 troductum est. Bract, fol. 20. 
 
 QUILLE. Fr. In French marine law. 
 Keel; the keel of a vessel. Ord. Mar. 
 liv. 3, tit. 6, art. 8. 
 
 QUINDENA. L. Lat. In old English 
 law. The quinzim, quinsieme, or fifteenth 
 day after a feast. Stat.Westm. 2,-pT. See 
 Fleta, lib. 2, c. 35. 
 
 A fortnight; double the period of a 
 septimana, (seven-night or week.) Fleta, 
 lib. 1, c. 24, § 5. "That which we call 
 this day fortnight, excluding the day, the 
 French and the law phrase calls this day 
 fifteen days, or quindena, including the 
 day." Bacon's Arg. Jurisdiction of Marches, 
 Worhs, iv. 265. 
 
 QUINQUE PORTUS. Lat. In old 
 English law. The Cinque Ports. Spel- 
 man. Fleta, lib. 2, c. 54, § 8. 
 
 QUINSIEME, Quimime. L. Fr. and 
 Eng. In old English law. A fifteenth ; a 
 tax so called. Cowell. See Fifteenth. 
 
 QUINTO EXACTUS. Lat. In old 
 practice. Called or exacted the fifth time. 
 A return made by the sheriflF, after a de- 
 fendant had been proclaimed, required or 
 exacted, in five county courts successively, 
 and failed to appear ; upon which he was 
 outlawed by the coroners of the county. 
 3 Bl. Com. 283. 
 
 QUIRE OF DOVER. In English law. 
 A record in the Exchequer, showing the 
 tenures for guarding and repairing Dover 
 Castle, and determining the services of the 
 Cinque Ports. 3 How. St. Trials, 868. 
 
 QUIT. [L. Lat. quietus, q. v.] Free ; 
 clear; discharged; released; acquitted or 
 absolved. 
 
 QUIT-CLAIM. [L. Lat. quieta cla- 
 maniia, quieta clamatio ; L. Fr. quiet- 
 claime ; quiteclamaunce.J In conveyanc- 
 ing. The release or relinquishment of a 
 claim. A deed by which some right, title, 
 interest or claim which one person has, or 
 is supposed to have, in or to an estate held 
 by another, is released or relinquished. 
 
 A conveyance corresponding with a re- 
 lease, at common law, in which the grantor 
 covenants only against those who claim 
 under himself, and not against adverse and 
 
QUO 
 
 (373) 
 
 QUO 
 
 paramount titles. Of this class are all 
 deeds given by public officers, such as ad- 
 ministrators, sheriffs, &c. who covenant 
 only for the regularity of their own pro- 
 ceedings, 2 Hilliard's Real Prop. 302. 
 
 To QUIT-CLAIM. [L. Lat. guiete cla- 
 mare, quietum clamare.'] In couveyanc- 
 ing. To release or relinquish a claim ; to 
 execute a deed of quit-claim. See Quit- 
 claim. 
 
 QUIT RENT. [L. Lat. quietus reddi- 
 ius.'] A yearly rent, by the payment of 
 which the tenant goes quit and free of all 
 other services. 2 £1. Com. 42. Spelman, 
 voc. Quietus redditus. 1 Ohitt. Gen. Pr. 
 228. 
 
 In some of the United States, a fee 
 farm rent is so termed. 1 Hilliard's Real 
 Prop. 239, [231.] See Id. note (a.) 
 
 QUITE CLAMAUNCE. L. Fr. Quit- 
 claim. Britt. c. 85. 
 
 QUITTUS. L. Lat. In old Scotch 
 • law. Quit ; free. Quittos et immunes ; 
 quit and clear. 1 Pitc, Or. Trials, part 2, 
 p. V2. . 
 
 QUO ANIMO. Lat. With what in- 
 tention or motive. " It was for them to 
 consider quo animo the windows and shut- 
 ters were broken." Lord Kenyon, 1 Bast, 
 616. Used frequently as a substantive, in 
 lieu of the single word animus, design or 
 motive. "The quo animo is, in each case, 
 the real subject of inquiry." 1 Kent's 
 Com. 11. 2 Id. 382. See Animo, Ani- 
 mus. 
 
 QUO JURE. L. Lat. (By what right.) 
 In old English practice. A writ which lay 
 for one that had land in which another 
 claimed common, to compel the latter to 
 show by what title he claimed it. Cornell. 
 F. JV. B. 128 F. Reg.^ Orig. 156 b. 
 Bvitt c 59 
 
 QUO MINUS. L. Lat. (By which— 
 less.) In English practice. A process 
 peculiar to the Court of Exchequer ; being 
 the writ by which all actions in that court 
 were, until recently, required to be com- 
 menced. So termed from the emphatic 
 words of the old Latin form, in which the 
 plaintiff suggested that he was the king's 
 farmer or debtor, and alleged that the de- 
 fendant had done him the injury com- 
 plained of, by which he was less able {quo 
 minus sufficiens existit) to pay the king 
 his debt or rent. 3 Bl. Com. 45, 286. 
 Id. Appendix, No. iii. sect 4. This was 
 abolished by the statute 2 "Will. IV. c. 39. 
 
 QUP WARRANTO. L. r^t ' 71 
 
 what warrant.) In old English practice. 
 A writ, in the nature of a writ of right for 
 the king, against him who claimed or 
 usurped any office, franchise or liberty, to 
 inquire by what authority he supported his 
 claim, in order to determine the right. 3 
 Bl. Com. 262. It lay also in case of non- 
 user, or long neglect of a franchise, or mis- 
 user, or abuse of it; being a writ com- 
 manding the defendant to show by what 
 warrant he exercises such a franchise, hav- 
 ing never had any grant of it, or having 
 forfeited it by neglect or abuse. 3 Bl. 
 Com. 262. It has long been superseded in 
 practice by the proceeding by information 
 in the nature of a, quo warranto, which is 
 the usual proceeding also in American 
 practice. Id. 263. 1 Id. 485. 3 Steph. 
 Com. 689 — 693. Cole on Informations, 
 110 — 168. 2 Kent's Com. 313, and note. 
 United States Digest, Quo warranto. 
 
 QUOAD. Lat. As to ; as far as con- 
 cerns. Lord EUenborough, 12 Fast, 409. 
 
 2 Mod. 66. 
 
 QUOAD HOC. Lat. As to this; so 
 far as this is concerned. Bract, fol. 31. 
 
 QUOAD SACRA. Lat. As to sacred 
 things ; for religious purposes. Lord 
 Campbell, 6 Bell's Appeal Cases, 336. 
 
 ^uod ab initio non valet, [in] tractn tern- 
 poris non convalescet. That which is not 
 valid at the beginning, shall not gain force 
 by lapse of time. Co. Litt. 35 a. Noy's 
 Max. 16. 2 Co. 55 b, Buckler's case. 4 
 Co. 2 b, Vernon's case. Finch's Law, b. 1, 
 ch. 3. That which was originally void, 
 does not by lapse of time become valid. 
 Broom's Max. 11, [132.] A maxim of 
 very general importance in practice, in 
 pleading, and in the application of legal 
 principles to the occurrences of life. Id. 
 ibid. Derived from the civil law, in which 
 it is expressed, ftuod ab initio vitiosum 
 est, non potest tractn temporis convalescere. 
 Dig. 50. 17. 29. %m ab initio inutilis 
 fnit institutio, ex postfacto convalescere non 
 potest^ Dig. 60. 17. 210. Wherever any 
 contract or conveyance is void, cither by a 
 positive law, or upon principles of public 
 policy, it is deemed incapable of confirma- 
 tion. 1 Story's Eq. Jur. § 306. See 
 
 3 Penn. St. (Barr's) i?. 151, Sergeant, J. 
 
 ftuod ffidifieatur in area Icgata, cedit 
 
 legato. Whatever is built on ground 
 given by will, goes to the legatee. 
 Broom's Max. [315.] 
 
 O.uod alias bonum et jnstnm est, si per 
 .>ji velfraudempetati 
 
QUO 
 
 (374) 
 
 QUO 
 
 efficitnr. What otherwise is good and 
 just, if it be sought by force and fraud, 
 becomes bad and unjust. 3 Co. 78 a, 
 Ftrmor's case. "The common law doth 
 so abhor fraud and covin, that all acts, as 
 well judicial as others, and which of them- 
 selves are just and lawful; yet being mixed 
 with fraud and deceit, are, in judgment of 
 law, wrongful and unlawful." Jd. ibid. See 
 1 Story's Mq. Jur. § 239. 
 
 (luod alias non Mi Ikitum, necessitas 
 
 licitum facit. What otherwise was not 
 lawful, necessity makes lawful. Fleta, 
 lib. 5, c. 23, § 14. 
 
 ftnod approbo non reprobo. What I ap- 
 prove, I do not reject ; I cannot approve 
 and reject (Scottice, approbate and repro- 
 bate) at the same time ; I cannot take the 
 benefit of an instrument, and at the same 
 time repudiate it. Broom's Max. [558.] 
 See Approbate and reprobate. 
 
 ^uod constat claic non debet veiificari. 
 What appears clearly ought not to be veri- 
 fied, [averred, i. e. proved.] Hardr. 81, 
 arg. 10 Mod. 160. 
 
 ^uod constat cnriie, opere testinm non in- 
 diget. That which appears to the court, 
 needs not the aid of witnesses. 2 Inst. 
 662. 
 
 (luod contra legem fit, pro infecto babe- 
 
 tnr. That which is done against law, is 
 regarded as not done at all. 4 Co. 31 a, 
 French's case. 
 
 Quod contra rationem juris receptum 
 est, non est producendum ad consepcntias, 
 [consequentia.] That which has been re- 
 ceived or admitted against the reason of 
 the law, is not to be drawn into prece- 
 dents. Dig. 1. 3. 14. Id. 50. 17. 141. 
 Adopted in the common law. 12 Co. 75. 
 See Bacon, de Auffm. Scient. lib. 8, app. 2. 
 
 QUOD COMPUTET. L. Lat. (That 
 he account.) In practice. The first or 
 interlocutory judgment in the action of 
 account, requiring the defendant to ac- 
 count before auditors. 3 Bl. Com. 163. 
 1 Story's Eq. Jur. § 447. Pulling on 
 Merc. Ace. 124. 
 
 QUOD CUM. L. Lat. (That whereas.) 
 In pleading. The emphatic words used in 
 the commencement of the old Latin de- 
 clarations, where the charge was made (as 
 it was in most actions,) by way of recital, 
 and literally translated in the modern 
 forms, " that whereas." Pro eo videlicet 
 quod cum ; " for this, to wit, that where- 
 as," or in the later English forms, " for that 
 whereas." It was an improper form in the j 
 
 action of trespass, in which the matter 
 complained of was required to be posi- 
 tively averred without recital; and the 
 rule is still the same in regard to the 
 English " Whereas." Steph. PI. 388. 16 
 Mees. <& TT. 36. 
 
 Quod cum, however, was sometimes held 
 to amount to an affirmative allegation. 
 Plowd. 128. 
 
 QUOD CONCESSUM FUIT. L. Lat. 
 Which was granted. A phrase in the 
 old reports. 11 Mod. 68. See Quodfuit 
 concessum. 
 
 QUOD CUEIA CONCESSIT. L. Lat. 
 Which the court granted. A phrase in 
 the old reports. Yearb. M. 4 Hen. VI. 19. 
 Id. M. 9 Hen. VL 40. 6 Mod. 28. 
 
 Qnod denionstrandi causa additnr rei satis 
 dcmonstratsB, frustra fit. That which is 
 
 added, for the purpose of demonstration, 
 to a thing already sufficiently demonstrated, 
 is done to no purpose. 10 Go. 113 a, 
 Arthur Legat's case. 
 
 Quod dubitas, ne feceris. What you doubt 
 of, do not do. In a case of moment, es- 
 pecially in cases of life, it is safest to hold 
 that in practice which hath least doubt and 
 danger. 1 Hale's P. C. 300. Bacon's 
 Works, iv. 487. 
 
 QUOD EI DEFORCEAT. L. Lat. 
 (That he deforces him.) In old practice. 
 A writ which lay for tenants in tail, or ten- 
 ants in dower, or by the curtesy or for term 
 of life, where they had lost their lands by 
 default in a prcecipe quod reddat brought 
 against them. F. N. B. 155 B. Reg. 
 Orig. 171. 
 
 Quod est ex necessitate nunqnam introduci- 
 tur, nisi quando necessarium. That which 
 is of necessity is never introduced, unless 
 when necessary. 2 Rol. R. 502. Branch's 
 Pr. 
 
 Quod est inconvcniens ant contra rationem, 
 non permissum est in lege. That which is 
 
 inconvenient, or against reason, is not per- 
 mitted in law. Co, Liit. 178 a. 
 
 Qnod est necessarium est licitum, What 
 is necessary is lawful. Jenh. Cent. 76, 
 case 45. 
 
 Quod fieri debet facile preesumitur. What 
 ought to be done is . easily presumed. 
 Halkerst. Max. 153. 
 
 Quod fieri non debet, factum ralct, That 
 which ought not to be done, when done, 
 is valid. Broom's Max. 81. See Fieri 
 
 non, <fcc. 
 
 QUOD FUIT CONCESSUM. L. Lat. 
 Which was granted. A phrase of frequent 
 
QUO 
 
 (376) 
 
 QUO 
 
 occurrence in the old reports, denoting that 
 an argument or point made by a counsel 
 or judge, was acquiesced in, approyed or 
 allowed by the court. Yearh. M. 1 Hen. 
 VI. passim. Plowd. 32. Quod fuit con- 
 cessum per iotam curiam, i Co. 153 b. 
 See Concessum. 
 
 (luod inconsulto fecimus, consultius rero- 
 CeniUS. What we have done without due 
 consideration, upon better consideration we 
 should revoke or undo. Jenk. Cent. 116, 
 case 30. Applied to a sheriff's return. 
 Id. ibid. 
 
 ^uod in minor! ralet, valebit in majori ; 
 et quod in majori non valet, nee valebit in 
 minor! . That which is valid in the less, 
 shall be valid in the greater; and that 
 which is not valid in the gi'eater, shall nei- 
 ther be valid in the less. Co. Litt. 260 a. 
 
 (luod in uno similium valet, ralebit in 
 
 altcro. That which is eifeotual in one of 
 two like things, shall be effectual in the 
 other. Co. Litt. 191 a. 
 
 Quod ipsis qni contraxerunt obstat, et suc- 
 cessoribus corum obstabit. That which bars 
 those who have made a contract, will bar 
 their successors also. Dig. 50. 17. 143. 
 
 QUOD JUSSU. Lat. (Which [was 
 done] by order.) In the civil law. The 
 name of an action given to one who had 
 contracted with a son or slave, hy order of 
 the father or master, to compel such father 
 or master to stand to the agreement. Hal- 
 lifax, Anal. b. 3, ch. 2, num. 3. Inst. 4. 
 7. 1. Big. 15. 4. 
 
 Quod jussn alterius solvitur pro co est 
 quasi ipsi solutum esset. That which is 
 paid by the order of another, is the same 
 as though it were paid to himself. Big. 
 50. 17. 180. 
 
 Quod menm est sine me auferri non potest. 
 
 That which is mine cannot be taken away 
 without me, [without my assent.] Jenk. 
 Cent, 251, case 41. 
 
 Quod naturalis ratio inter omnes homines 
 eonstituit, vocatur jus gentium. That which 
 natural reason has established among all 
 men, is called the law of nations. 1 Bl. 
 Com. 43. Big. 1. 1. 9. Inst. 1. 2. 1. See 
 Jus gentium. 
 
 Quod necessaric [sub] intelligitnr non deest. 
 That which is necessarily understood is 
 not wanting. 1 £uhtr. 11. If a man re- 
 lease to another " all actions," and do not 
 say further " which he hath against him," 
 this is as good a release as if these words 
 were inserted. Skep. Touch. 334. 
 
 Quod [quicquid] necessitas cogit, defendit. 
 
 What necessity compels, it justifies, 1 
 Hale's P. C. 54. 
 
 Quod non apparet, non est. That Tfhich 
 
 does not appear, is not. 2 Inst, 479. 
 Jenk. Cent. 207, case 36. That which 
 does not appear, must be taken in law as 
 if it were not. Fau^A. 169. Broom's 
 Max. 71, [122.] 
 
 Quod non cajplt Ghristns, capit fiscus. 
 
 What Christ [the church] does not take, 
 the treasury takes. Goods of a felo de se 
 go to the king. A maxim in old English 
 law. Tearb. P. 19 Hen. VI. 1. 
 
 QUOD NON FUIT NEGATUM. L. 
 Lat. Which was not denied. A phrase 
 in the old reports. Latch, 213. Other- 
 wise expressed Qmd nemo negavit ; which 
 no one denied. Yearb. H. 20 Hen. VL 
 20. 
 
 Quod non babet principinm, non habet 
 
 finem. That which has not a beginning 
 has not an end. Co. Litt. 345 a. 2 £1, 
 Com. 278. Applied to collation to bene- 
 fices by lapse. Id. ibid. Broom's Max. 
 [135.] 
 
 QUOD NOTA. Lat. Which note; 
 which mark. A reporter's note in the old 
 books, directing attention to a point or 
 rule. Bi/er, 23. 
 
 Quod ttuUius est, id ratione natnrali ot- 
 cupanti conccditur. That which is the 
 property of no one is, by natural reason, 
 given to the [first] occupant. Big. 41. 1. 3. 
 Inst. 2. 1. 12. Adopted in the common 
 law. 2 £1. Com. 258. He who can first 
 declare his intention of appropriating to 
 his own use that which before belonged to 
 nobody, and in pursuance of such intention, 
 actually takes it into possession, shall there- 
 by gaiii the absolute property in it. Id. 
 ibid. See Id. 411. £rQom's Max. 329, 
 330, [260.] 2 Xent's Corn, 319. 
 
 Quod omnes tangit, ab omnibus [per omnes] 
 
 debet SUpportari. That which touches or 
 concerns all, ought to be supported by all. 
 3 How. St. Trials,-618, 1087. 
 
 Quod per me non possum, nee per alium. 
 What I cannot do by myself, I cannot by 
 another. 4 Co. 24 b. 11 Co. 87 a. 
 
 QUOD PARTES REPLACITENT. 
 L. Lat. (That the parties do replead.) 
 The form of the judgment on award of a 
 repleader. 2 Salk. 579. 
 
 QUOD PERMITTAT. (That he per- 
 mit.) In old English law. A writ which 
 lay for the heir of him that was disseised 
 of his common of pasture, against the hejr 
 of the disseisor. Cowell. Termes de la Ley 
 
QUO 
 
 (376) 
 
 QTJO 
 
 Eeff. Oriff. 155 b, 156. It was also a 
 remedy for th« enforcement of other privi- 
 leges. Id. 155. 
 QtrOD PERMITTAT PR08TERNERE. 
 L. Lat. (That he permit — to abate.) In 
 old practice. A writ, in the nature of a 
 writ of right, which lay to abate a nui- 
 sance. 3 £1. Com. 221, 
 
 (luod populus postrcmum jussit, id jus ra- 
 
 tnm esto. What the people have last 
 enacted, let that be the established law. 
 A law of the Twelve Tables, the principle 
 of which is still recognized. 1 £1. Com. 
 89. 
 
 (luod principi placnit, legis habet Tigorem. 
 
 That which has pleased the prince, has the 
 force of law. The emperor's pleasure has 
 the force of law. Diff. 1. 4. 1. Inst. 1. 2. 
 6. A celebrated maxim of imperial law. 
 See Bract, fol. 107. Fleta, lib. 1, c. 11, 
 § 7. Seld. Diss. ad.Flet. c. 3, §§ 2, 3, 
 4,5. 
 
 (luod quis ei culpa sua damnum scntit, 
 non intelligitur damnum sentire. The dam- 
 age which one experiences from his own 
 fault is not considered as his damage. 
 Dig. 50. 17. 203. 
 
 Quod quis sciens iudebitum dedit hac mente, 
 nt postea repeteret, repetere non potest. That 
 which one has given, knowing it not to be 
 due, with the intention of re-demanding it, 
 he cannot recover back. Dig. 12. 6. 50. 
 
 QUOD RECUPERET. L.Lat. That 
 he do recover. The ordinary form of judg- 
 ments for the plaintiflF in actions at law. 1 
 Arch. Pr. 225. 1 Burr. Pr. 246. Ex- 
 pressed at length, in the old records, — 
 Idea consideratum est quod prcedictus 
 A. RicDPERKT versus prcefatum C. (fee. 1 
 Instr. Cler.l4. Literally translated in the 
 modem forms, " Therefore it is considered 
 that the aforesaid [plaintiff] do recover 
 against the aforesaid ^defendant,"] <fec. 
 
 Quod remedio destitnitnr, ipsa re valet, 
 
 si eulpa absit. That which is without a 
 remedy, is valid by the [mere force of the] 
 thing [or act] itself, if there be no fault. 
 Bacon's Max. 40, reg. 9. Or, as the maxim 
 may be analyzed, the mere act of a party 
 {ipsa res,) if no fault attach to it, (si culpa 
 absit,) will sometimes avail (yaJet) to give 
 him a right for which the law has provided 
 no express remedy, [quod remedio destitui- 
 tur.) The principle of remitter and other 
 extra-judicial remedies allowed by law. 3 
 Bl. Com. 20. Broom's Max. 101 — 104, 
 [160.] 
 
 Quod semel ant bis existit, praetereunt legii- 
 
 latores. "What happens once or twice, 
 legislators pass over, [i. e. they do not pro- 
 vide for extraordinary cases.] A transla- 
 tion of a saying of Theophrastus quoted by 
 Paulus in the Digests, ts yop 3™? ? Us rapa- 
 ^aivovciv oi vofioiirai. Dig. 1. 3. 6. See Ad 
 ea quoe frequentius, &c. 
 
 Quod semel meum est, amplins meum eita 
 non potest. That which is once mine can- 
 not be more mine. Co. Hit. 49 b. A 
 party in possession needs not to have de- 
 livery of possession made to him. 2 Bl, 
 Coot. 314. Shep. Touch. 212. Dr.Wood- 
 desson supposes this maxim to be taken 
 from the Institutes. Quod proprium est 
 ipsius, amplius ^us fieri non potest. Inst. 
 2. 20. 10. 1 Wooddes. Lect. Introd. Lect. 
 6, p. Ixxi. note. 
 
 QUOD SI CONTINGAT. L. Lat. 
 That if it happen. Words by which a con- 
 dition might formerly be created in a deed. 
 Litt. sect. 330. 
 
 Quod sub certa forma coneessum vel reser- 
 vatum est, non trahitur ad valorem vel com- 
 
 pensationem. That which is granted or 
 reserved under a certain form, is not [per- 
 mitted to be] drawn into valuation or com- 
 pensation. Bacon's Max. 26, reg. 4:. That 
 which is granted or reserved in a certain 
 specified form, must be taken as it is grant- 
 ed, and will not be permitted to be made 
 the subject of any adjustment or compen- 
 sation on the part of the grantee. Quoted 
 by Cowen, J. 2 mil's (N. Y.) B. 423. 
 
 This maxim is best illustrated by Lord 
 Bacon's own words and examples. "The 
 law permitteth every man to part with his 
 own interest, and to qualify his own grant 
 as it pleaseth himself, and therefore doth 
 not admit any allowance or recompense, if 
 the thing be not taken as it is granted. So, 
 in all profits a prender, if I grant common 
 for ten beasts, or ten loads of wood out of 
 my copse, or ten loads of hay out of my 
 meadows, to be taken for three years, he 
 [that is, the grantee,] shall not have com- 
 mon for thirty beasts, or thirti/ loads of 
 wood or hay the third year, if he forbear 
 for the space of two years ; here the time 
 is certain and precise. So, if the place bo 
 limited, as if I grant estovers to be spent 
 in such a house, or stone towards the re- 
 paration of such a castle, although the 
 grantee do burn of his fuel, and repair of 
 his own charge, yet he can demand no al- 
 lowance for that he took it not." Bacon's 
 Max. 26, 27. See Broom's Max, 305, 
 [350.] 
 
QUO 
 
 (377) 
 
 QUO 
 
 ftood subintelligitur non deest. What is 
 
 understood is not wanting. 2 Ld. Baym. 
 832. 
 
 ^uod tacite intelligitur demc non ridetur. 
 
 What is tacitly understood is not considered 
 to be Tvanting. 4 Oo. 22 a. 
 
 ftuod TOlnit non dixit. What he intend- 
 ed he did not say, or express. He may have 
 intended so, but he did not say it. An 
 answer sometimes made in overruling an 
 argument that the law-maker or testator 
 meant so and so. 1 Kenfs Com. 468, 
 note, i M. d; S. 522, arg. If a will be 
 uncertain or unintelligible on its face, it is 
 as if no will had been made. Kent, C. 1 
 Johns. Ch. R. 236. 
 
 QUOD VI AUT CLAM. See Vi aut 
 Clam. 
 
 ^nomodo quid constituitur, eodem modo 
 dissol vitur. In whatever way a thing is con- 
 stituted, in the same way is it dissolved ; 
 (a record by a record, writing by writing, 
 parliament by parliament, parol by parol.) 
 Jenk. Cent. 74, case 40. 
 
 QUONIAM ATTACHIAMENTA. L. 
 Lat. (Since the attachments.) One of 
 the oldest books in the Scotch law ; so 
 called from the two first words of the 
 volume. BelFs Diet. Still sometimes 
 cited in argument, in the Scotch courts. 7 
 Wilson & Shaw's R. 9. 
 
 QUORUM. Lat. Of whom ; whereof. 
 This genitive plural of the common pro- 
 noun qui, has in modern law become a sub- 
 stantive, being used in the titles of justices 
 of the peace, and through this channel has 
 finally been adopted as an ordinary word, 
 to denote a certain number of persons 
 whose presence is requisite at meetings of 
 public or private bodies, for the transaction 
 of business. The process by which this 
 appropriation of the word has been effected 
 may be traced as follows: 
 
 In the commissions by which justices of 
 the peace were originally appointed, (and 
 the form of which in England is still re- 
 tained with little change,) they were all 
 appointed jointly and severally, to keep 
 the peace, and any two or more of them to 
 inquire of, and determine felonies and other 
 misdemeanors; ia which number some 
 particular justices, or one of them, were 
 directed to be always included, and no busi- 
 ness to he done without their presence, the 
 words of the commission running thus : 
 Quorum aliquem vestrum, A. B. C. D. &c. 
 UNtTM esse volumus ; {of whom we will one 
 or some of you, A. B. C. D. &o. to be oree.) 
 
 Whence the persons so named were usually 
 called "justices of the quorum.''^ The 
 practice of appointing only a salect number 
 of justices, eminent for their skill and dis- 
 cretion, to be of the quorum, has in modem 
 times been in a great degree discontinued, 
 almost all of them being advanced to that 
 dignity, and named in the quorum clause. 
 1 £1. Com. 351. So that the title, though 
 still retained, has lost much of its ancient 
 significancy. 
 
 The association, in this way, of the word 
 quorum, with a particular number of jus- 
 tices, without whose presence no business 
 could be done, led by a natural and easy 
 transition to the adoption of the same word 
 to express a required number of any de- 
 scription of associated persons, for the 
 transaction of their proper business, which 
 is its prevalent modern meaning. 
 
 QUOT. In old Scotch law. A twen- 
 tieth part of the moveable estate of a per- 
 son dying, which was due to the bishop of 
 the diocese within which the person resided. 
 Bell's Diet. 
 
 Quoties du1)ia intcrpietatio libertatis est, 
 secundum libertatem respondendum erit. As 
 
 often as [whenever] the interpretation of 
 liberty is doubtful, the answer should be on 
 the side of liberty. Diff. 50. 17. 20. 
 
 ftuoties idem sermo duassententias exprlmit, 
 ea potissimum eicipiatur, quie rei gerendie ap- 
 tior est. Whenever the same language ex- 
 presses two meanings, that should be adopt- 
 ed which is the better fitted for carrying 
 out the subject matter. Dig. 50. 17. 67. 
 
 ^uoties in stipulationibus am1)igua oratio 
 est, eommodissimum est id accipi quo res de qna 
 agitur in tnto sit. Whenever the language 
 of stipulations is ambiguous, it is most fit- 
 ting that that [sense] should be taken by 
 which the subject matter may be pro- 
 tected. Diff. 45. 1. 80. 
 
 ^uoties in verbis nulla est ambignitas, ibi 
 nulla eipositio contra verba [expressa] fienda 
 est. As long as there is no ambiguity in 
 the words [of an instrument,] there should 
 be no interpretation made against the [ex- 
 press] words. Wingat^s Max. 24, max. 
 16. Co. Litt. 147 a. In the absence of 
 ambiguity, no exposition shall be made 
 which is opposed to the express words of 
 the instrument. Broome's Max. [477.] A 
 leading maxim in the construction of deeds 
 and statutes. 2 Bl. Com. 379. 1 Kents 
 Com. 468, note. 2 Id. 555. See 1 Duer 
 on Ins. 159, note. It is not, however, al- 
 lowed to prevail so as to defeat the mani- 
 
EAC 
 
 {Zl8) 
 
 RAN 
 
 fest intent and object of the parties to an 
 instrument, where it is clearly discernible on 
 the face of the instrument, and the ignorance 
 or blunder or mistake of the parties has 
 prevented them from expressing it in the 
 appropriate language. 1 Story's Eq. Jur. 
 §168. 
 
 QUOTUPLEX. Lat. Of how many 
 kinds; of how many fold. A term of fre- 
 quent occurrence in Sheppard's Touchstone. 
 Id. 37, 50, 11 7, 160, et passim. 
 
 QUOUSQUE. Lat. As long as. An 
 apt word of limitation in old conveyances. 
 10 Co. 41 'b,Mary Partington's case. See 
 iMen,!!^. 
 
 Until. " Whether it were for an abso- 
 lute seizure, or merely guousque, until such 
 an act done." Le Blanc, J. 2 IJast, 260. 
 
 QUOVIS MODO. Lat. In whatever 
 manner. Lord EUenborough, 10 JSast, 4'76. 
 
 QUTJM. Lat. When, ftuum de lucro 
 doorum quxratur, melioT est caasa possiden- 
 tis! When the question is as to the gain 
 of two persons, the title of the party in 
 possession is the better one. Diff. 50. 11. 
 126. 2. For other maxims, see under Cum 
 and ^nando. 
 
 QUYKE. In old records. Quick; 
 living ; a quick or live beast. Cowell. 
 
 QUYR. L. Fr. [Lat. corium.] In 
 old English law. Leather ; a hide or skin. 
 Tearb. H. 6 Edw. IL 192. 
 
 QY. L. Fr. Who, which. Kelham. 
 
 R. 
 
 RACES, Rases. L. Fr. Pulled down. 
 Kelham. 
 
 RACHAT. Fr. Ransom; relief. Ord. 
 Mar. liv. 3, tit. 3, art. 1 9. Emerig. Tr. des Ass. 
 ch. 12, sect. 21. Guyot, Inst. Feod. ch. 5. 
 
 RACHATER. L. Fr. To redeem ; to 
 re-purchase, (or buy back.) Kelham. 
 
 RACHETUM. L. Lat. [from 0. Fr. ra- 
 chapter, rachater, racheter, to redeem ; from 
 achater, or acheter, to buy.] In old Scotch 
 law. A pecuniary satisfaction or composi- 
 tion for an offence, answering to the Saxon 
 weregild. Stat. 1 Bab. Regj. Scot. c. 3. 
 Spelman. 
 
 Theft-bote, or thief-bote. Id. Skene de 
 Verb. Signif. Stat. 2 Rob. Br. o. 7, cited iiicif. 
 
 RACHIMBURGII, Rachinburgii. L. 
 Lat. [from Germ, rat^a, or rai^t, Sax. race, 
 a cause, matter or argument] In old Eu- 
 ropean law. Rachenburgers or Raken- 
 burghs ; judges among the Salians, Ripu- 
 arians and some other nations of Germany 
 
 who sat with the count {comes) in his court 
 called mallum, and were generally associ- 
 ated with him in all matters. L. Salic. 
 titt. 52, 59. L. Ripuar. tit. 32, § 3. Ca- 
 pitul. Carol, lib. 5, c. 14. Spelman. The 
 word was found by Spelman in an old 
 MS. copy of the Laws of Canute. Mon- 
 tesquieu writes it rathimburges. Esprit det 
 Loix, liv. 30, c. 18. 
 
 RACK RENT. A rent of the full value 
 of the tenement, or near it. 2 Bl. Com. 
 43. 1 Chitt. Gen. Pr. 228. 
 
 RADECHENISTRES. A word used 
 in Domesday Book, which Spelman inter- 
 prets to mean freemen. Domesd. fol. 18, 
 Titt. Glowc. Berchelay. Spelman. 
 
 RADOUB. Fr. In French law. Re- 
 pair. The repairing or repair of a vessel. 
 Ord, Mar. liv. 2, tit. 9, art. 3. 
 
 RAENCON, Raancon, Ranceoun. L. 
 Fr. A ransom, or fine. Ou par ranceoun 
 ou par amercement. Art. swp. Cart. 
 
 RAGE MAN, Ragman.. A statute, so 
 called, of justices assigned by Edw, I. and 
 his council, to go a circuit through all Eng- 
 land, and to hear and determine all com- 
 plaints of injuries done within five years 
 next before Michaelmas, in the fourth year 
 of his reign. Spelman, 
 
 Ragmari, Rageman or Raggeman, (L. 
 Lat. Raggemannus,) occurs in old records 
 in the sense of a blank charter, or recogni- 
 zance. Barringt. Obs. Stat. 215, note [m.] 
 
 RAGMAN'S (or RAGIMTJND'S) 
 ROLK In Scotch law. A roll or record 
 said to have been made by direction of one 
 Ragimund, a legate from Rome, who, calling 
 before him all the beneficed clergymen in 
 the kingdom, caused them, on oath, to give 
 in the true value of their benefices, accord- 
 ing to, which they were afterwards taxed 
 by the court of Rome.* Whishaw. After 
 being taken away by the English, it was re- 
 stored, with other deeds and instruments, by 
 Edward IIL Baker's Chron.M.12l. Cowell. 
 
 RAIL FENCES are real property, and 
 pass under th§ word land. 1 Comstock's 
 R. 564. 
 
 RAIN. L. Fr. A ring. Par rain et 
 par haston ; by ri»g and staff. Kelham, 
 
 RAINE. L. Fr. Queen. Kelham., 
 
 RAISE. To create, or constitute. To 
 raise a use, is to create it. 1 Steph. Com. 
 332, 333. 2 Crabb's Real Prop, 462, 
 et seq. Raisable ; that may be r^sed. 
 Lord Hardwicke, C. 6 Mod. 489. 
 
 RAN, Sax. In Saxon and old English 
 law. Open theft, or robbery, (aperta, ra- 
 
RAN 
 
 (379) 
 
 EAP 
 
 Spel- 
 
 pina.) Leg. Saxon. Canuti H. c. S8, 
 man. Lamb. Archaion. to\. 125. 
 
 RANGER. In forest law. A sworn 
 officer of the forest, whose office chiefly 
 consists in three points : to walk daily 
 through his charge, to see, hear and in- 
 quire as well of trespasses as trespassers in his 
 bailiwick; to drive the beasts of the forest, 
 both of venery and chace, out of the de- 
 afforested into the forested lands ; and to 
 present all trespasses of the forest at the 
 next courts holden for the forest. Cowell. 
 Manwood, cited ihid. 
 
 RANK. In English law. Excessive; 
 too large in amount ; as a rank modus. 2 
 Bl. Com. 30. 
 
 RANKING. In Scotch law. The ar- 
 rangement of the claims of creditors in a 
 certain order, showing their legal priorities ; 
 a statement showing the order in which 
 the claims of creditors are to be paid out 
 of a fund.* BelVs Diet, Answering to 
 the English marshalling. 
 
 RANSOM. [L. Fr. raunsom, raunsome, 
 rancon, raencon; L. Lat. redempUo.^ Re- 
 demption from the power of another. A 
 sum paid to redeem a person from captivity, 
 imprisonment or punishment; or to redeem 
 property from seizure. 
 
 In old English law. A species of fine. 
 According to Lord Coke, "it is all one with 
 a fine, for by the payment of the fine, the 
 party redeems himself from imprisonment 
 that attends the fine, and then there is an 
 end [finis'] of the business." Co. Litt. 
 127 a. See 4 Bl. Com. 380. Britton 
 uses both terms in close connection. Sur 
 peyne de raunsome et de fyn ; on pain of 
 ransom and of fine. Britt. c. 11. 
 
 A severe or heavy kind of fine, beyond 
 the ordinary amount. The old rule was 
 that where a statute spoke both of a fine 
 and ransom, the ransom should be treble 
 to the fine at least. Cowell. Dyer, 232. 
 4 Bl. Com. 380. Spelman calls it mulcta 
 gravissima, the severest kinfl of fine. 
 
 RANSOM. In international law. The 
 redemption of captured property from the 
 hands of an enemy, particularly of property 
 captured at sea. 1 KejiCs Com. 104. 
 
 A sum paid or agreed to be paid for the 
 redemption of captured property. Id. 
 105. Otherwise called a ransom, rfcii. Id. 
 107. 
 
 The contract by which a ransom is agreed 
 to be paid. The instrument containing 
 such contract. Otherwise called a ransom 
 contract, and a ransom bill. Id. 104 — 107. 
 
 RANSOM BILL. In international law. 
 A contract by which ^ sum of money is 
 agreed to be paid for the ransomof pro- 
 perty captured at sea, and containing also 
 other stipulations as to the return of the 
 vessel, &c. 1 Kent's Com. 105, 106._ A 
 ransom bill, when not locally prohibited, 
 is a war contract, protected by good faith 
 and the law of nations. Id. 104. 
 
 Ransoms are little known in the com- 
 mercial law of England, being prohibited 
 by statute except in some peculiar cases. 
 They are, however, recognized among 
 other maritime nations, and have never 
 been prohibited in the United States. Id. 
 104, 105. See 2 Gallison's B. 325. 
 
 RAP. L, Fr. Rape. Bap de femme. 
 Britt. c. 1. 
 
 RAPE. [L. Lat. rapa.] In English 
 law. An intermediate division between a 
 shire and a hundred ; or a division of a 
 county, containing several hundreds. 1 
 Bl. Com. 116. Cowell. It seems to be 
 peculiar to the county of Sussex. Id. ihid. 
 
 RAPE. [L. Fr. rap de femme ; L. Lat. 
 raptus mulierumi] In criminal law. The 
 violation, or carnal knowledge of a woman 
 forcibly, and against her will. 4 Bl. Com. 
 210. Cowell. Spelman, voc. Bapius. 1 
 Bussell on Crimes, 675. Wharton's Am. 
 Crim. Law, § 1124, 1156. 
 
 RAPE OP THE FOREST. [L. Lat. 
 raptus forestas.] In old English law. 
 Trespass committed in a forest by violence. 
 Cowell. Spelman. LL. Hen. I. c. 11. 
 
 RAPE-REEVE. In English law. The 
 chief officer of a rape, (q, v.) 1 Bl. Com. 
 116. 
 
 RAPERE. Lat. In old English law. 
 To ravish. See Bapuit. 
 
 RAPINA. Lat. [from rapere, to drag, 
 or carry away forcibly.] Ib the civil law. 
 The violent taking from the person of an- 
 other, of money or goods for the sake of 
 gain ; robbery from the person. Hallifax, 
 Anal. b. 2, c. 23, num. 1, 2. ffein^cc. 
 Mem. Jur. Civ. lib. 4, tit. 2, § 1071. 
 
 In old English law. Open and violent 
 larceny from the person ; robbery. Stat. 
 14 Car. II. c. 22. Cowell. 4 Bl. Com. 
 242. 
 
 RAPTOR. L. Lat. [from rapere, to rav- 
 ish.] In old English law. A ravisher. 
 Fleta, \ih. 2, c. 5?, § 12. 
 
 RAPUIT. Lat. [from rapere, to rav- 
 ish.] In old English law. Ravished. A 
 technical word in old indictments. 2 Hast, 
 30. Wharton's Am. Crim. Law, § 401. 
 
EAT 
 
 ( 380) 
 
 RAT 
 
 RASE. [L. Lat. mseria, from Lat. rasus, 
 shaved or scraped.] In old English law. 
 strike ; struck measure ; that in which the 
 commodity measured was made even with 
 the top of the measure, by scraping or 
 striking off all that was above it.* An old 
 ordinance for bakers, brewers, <fec. provided 
 that toll should be taken " by the rase, and 
 not hy the heap or cantel." Cowell quotes 
 the provision, but strangely overlooks the 
 meaning it so clearly expresses, and makes 
 rose (raseria) to be " a measure of corn, 
 now disused." 
 
 To RASE, [from Lat. radere, to scrape.] 
 To rub or scrape ; to rub out. An inden- 
 ture was said to be rased. Perkins, ch. 2, 
 ss. 122, 123, et seq. A word was said to 
 be rased. Id. s. 128. See 3 P. Wms. 
 433, arg. 
 
 RASURA. L. Lat. [from Lat. radere, 
 to scrape.] In old English law. A rasure. 
 Meta, lib. 4, c. 10, §§ 3, 4. 
 
 RASURE. [L. Fr. rassure, rasoure, 
 from Lat. rasura, from radere, to scrape.] 
 A scraping off; the removal of one or 
 more words from an instrument, by scrap- 
 ing the writing off or out. One of the 
 modes by which a deed or other instrument 
 may be avoided, or rendered of no effect. 
 2 Bl. Com. 308. Shep. Touch. 55, 68, 71. 
 Meta, lib. 6, c. 29, § 4. Rasure is proper- 
 ly distinguished from obliteration, which is 
 effected by marking out the writing with 
 pen and ink, or blotting it out by other 
 means; but the terms are sometimes used 
 as synonymous. See 18 Johns. R. 499. 
 
 RASUS, Rasum. L. Lat. [from radere, 
 q. v.] In old English law. Rased ; erased. 
 Fleta, lib. 2, c. 54, § 12. 
 
 Struck; scraped off. Mensura rasa; 
 struck measure. Fleta, lib. 2, c. 82, § 1. 
 
 RASUS. L. Lat. In old English law. 
 A rase ; a measure of onions, containing 
 twenty flones, and each flonis twenty-five 
 heads. Fleta, lib. 2, c. 12, § 12. ' 
 
 RATA. L. Lat. In old English law. 
 A rate ; a proportion. 4 Mod. Y9. Juxta 
 ratam prced''; according to the rate afore- 
 said. Dyer, 82, (Fr. ed.) 
 
 RATAM REM HABERE. Lat, In 
 the civil law. To hold a thing ratified ; 
 to ratify or coufirm it, {comprobare, agnos- 
 cere.) Dig. 46. 8. 12. 1, et per tot. 
 
 RATE. An .assessment. Callison Sew- 
 ers, Appendix, 352. 
 
 RATE OF EXCHANGE. In commer- 
 cial law. The actual price at which a bill, 
 drawn in one country upon another coun- 
 
 try, can be bought or obtained in the for- 
 mer country, at any given time. Stori/ on 
 Bills, § 31. 
 
 RATER. An assessor. Laws of the 
 Col. of New Plymouth, A. D. 1643, 1689. 
 
 RATIFICARE. Lat. [from ratus, valid, 
 and facere, to make.] In old conveyancing. 
 To ratify. Ratificasse ; have ratified. A 
 formal word in deeds of confirmation. 
 Litt. sect. 515. Lord Coke observss that 
 "it is equipollent to confirmare." Co, 
 Litt. 295 b. 
 
 RATIFICATION, [from Lat. ratificare, 
 q. v.] The confirmation of a previous act 
 done either by the party himself or by an- 
 other ; confirmation of a voidable act. See 
 Story on Agency, §§ 250, 251. 2 Kents 
 Com. 237. 
 
 RATIHABITIO. Lat. [from ratus, ap- 
 proved, and habere, to hold.] In civil and 
 old English law. A holding as approved ; 
 approval or ratification. Dig. 46. 8. Ra- 
 tihabitio mandato aequiparatur. Ratification 
 is equivalent to express command. Dig. 
 46. 3. 12. 4. See Id. 50. 17. 152. 2. See 
 Omnis ratihabitio, &c. Story on Agency, 
 § 239. Per ratihabitionem quce retrotra- 
 hitur ad disseysinam ; by the ratification 
 which relates back to the disseisin. Bract. 
 174 b. 
 
 RATIO. Lat. Reason ; a reason ; the 
 reason. See Ratio legis. 
 
 An account. Reddere rationem ; to give 
 an account. Cowell. 
 
 A cause. See Ratione. 
 
 RATIO LEGIS. Lat. The reason or 
 occasion of a law ; the occasion of making 
 a law. Blackst. Law Tr. 3. Grotius dis- 
 tinguishes between ratio and mens, the mean- 
 ing or intent of a law. De Jur. Bell. lib. 2, c. 
 
 16, § 8. Ratio legis est anima legis; mutata 
 legis ratione, mutatur et lex. The reason of a 
 law is the soul of the law ; when the reason 
 of a law is changed, the law also is changed. 
 7 Co. 7 a, Milborn^s case. Ratio legis est 
 anima legis. The reason of a law is the 
 soul of a law. Jenh Cent. 45, case 86. 
 
 RATIONABILIS. Lat. [from ratio, 
 q. v.] In old English law. Reasonable. 
 Quam longum esse debet [rationabile tem- 
 pus"] non definitur in lege, sed pendet ex 
 discretione justitiariorum ; how long [" a 
 reasonable time"] ought to be, is not de- 
 fined in law, but rests in the discretion of 
 the justices. Co. Litt. 56 b. See De ra- 
 tionabili, De rationabilibus. 
 
 RATIONE. Lat. By reason; on ac- 
 count. 
 
RE 
 
 (381) 
 
 REA 
 
 Satione impotentice ; on account of in- 
 ability. A ground of qualified property 
 in some animals ferce naturce, as in the 
 young ones, while they are unable to fly or 
 run. 2 £1. Com, 394. Hale's Anal. sect. 
 xxvi. 
 
 Hatione loci i by reason of place. A 
 ground of ownership in rabbits and hares. 
 Male's Anal. sect. xxvi. 
 
 Hatione privikgii; by reason of privi- 
 lege. A ground of ownership in birds or 
 beasts of warren. Id. ibid. 
 
 Hatione soli ; on account of the soil ; 
 with reference to the soil. Said to be the 
 ground of ownership in bees. 2 £1. Com. 
 303. 
 
 Hatione tenurce ; by reason of tenure ; 
 as a consequence of tenure. 3 £1. Com. 
 230. 1 M. ({: S. 435. 
 
 A phrase in old pleading. Not the same 
 as " by reason of being owner and proprie- 
 tor." Le Blanc, J. 1 M.cS; S. 441. Eatione 
 tenurce implies ex vi termini, something 
 originally annexed to the holding. Id. ibid. 
 
 RAUNSOM, Raunsome. L. Fr. In old 
 English law. Ransom ; a fine ; a severe 
 kind of fine. Sur peyne de raunsome ; on 
 pain of ransom. Britt. c. 11. Per raun- 
 some simple ou graund, solonc le fait ; by 
 an ordinary or a great ransom, according 
 to the fact. Id. ibid. Puny par prison 
 et greve raunsom. Id. c. 48. 
 
 RAVISHED. In criminal practice. A 
 material word in indictments for rape. 
 Whart. Am. Crim. Law, § 401. 
 
 RAVISHMENT. [Lat. raptus.] In 
 old English law. A forcible taking away, 
 as of a ward. Co. Litt. 79 b. See 3 
 Beeves' Hist. Eng. Law, 179. It was ap- 
 plied to both sexes. Co. Litt. ub. sup. 3 
 Bl. Com. 141. A woman might be ravish- 
 ed without carnal knowledge. Jones, J. 
 Latch, 218. 
 
 RAZE. To erase. In the great case of 
 proceedings in parliament relative to the lib- 
 erty of the subject, ( 3 Car. I. A. D. 1628) 
 Mr. Selden, who had taken an active part 
 in the debate, was charged with " razing a 
 record." 3 How. St. Trials, 156. 
 
 RAZON. Span. [Lat. ratio.^ In Span- 
 ish law. Cause, (causa.) Las Partidas, 
 part. 4, tit. 4, 1. 2. 
 
 RE. FA. LO. An abbreviation of re- 
 cordari facias \oquelam, (q. v.) 
 
 EE, verbis, soripto, consensu, traditione, 
 Junctura, vestes sumere pacta soleut. 
 
 From the thing [itself,] from words, from 
 
 writing, from consent, from delivery, from 
 union, agreements usually take their vest- 
 ments. A couplet formerly in use, framed 
 to express (in aid of the memory) the six 
 different modes in which obligation might 
 be contracted, which were fancifully termed 
 its vestments or garments, that is, the forms 
 in which it was clothed. It is twice quoted 
 by Bracton, who explains the six forms in 
 detail. Bract, fol. 16 b. Id. fol. 99— 
 101. It is thus expressed in the prose of 
 Britton : Obligation doit estre vestue de v. 
 maneres de garnementz; de chose, de parole, 
 de escript, de unite de volounte, de bail, de 
 joynture. £riit. c. 28. It seems to be a 
 mere extension of the fourfold division of 
 the Institutes: Aut re, aut verbis, aut 
 Uteris, aut consensu. Inst. 3. 14. 2. And 
 see Big. 44. 7. 52. 
 
 RE, Bei, Bey. L. Fr. King ; a king. 
 Kelham. 
 
 REAL. [L. Fr. reale ; Lat. realis, from 
 res, a thing.] In the civil law. Relating 
 or belonging to, or founded upon a thing, 
 {res,) as distinguished from personal, which 
 related to a, person, (persona.) Calv. Lex. 
 This is the proper sense of the word. 
 
 In the common law. Relating or be- 
 longing to, arising from or founded upon 
 lands, tenements or hereditaments. See 
 Real action, Beal estate, Things real. 
 This sense of the word is derived from the 
 feudal law, in which land was considered 
 of paramount importance to all other things, 
 as subjects of property, claiming as it were, 
 the epithet of res, Mr' iioxhv. The barbarous 
 Latin word realis occurs (though rarely) 
 in the civil law, in the sense first above 
 given, but is used by Bracton and subse- 
 quent writers in the common law sense of 
 the term. See Realis. 
 
 REAL. L. Fr. [from re, king.] In old 
 English law. Royal ; regal ; belonging to 
 the king. Tearb. P. 6 Edw. IIL 48. 
 
 REAL ACTION. [L. Fr. accim reale ; 
 L. Lat. actio realis, placitum reale.] An 
 action for the recovery of real property ; 
 an action relating to real property ; an ac- 
 tion whereby the plaintifi; or demandant, 
 claims the specific recovery of any lands, 
 tenements or hereditaments.* 3 Steph 
 Com. 4:59. 3 Bl. Com. 117, 118. 
 
 Thisterrn seems to be an accommodation 
 of the actio in rem of the civil law res 
 being used in the feudal sense of land. The 
 res for which the civil law action lay, might 
 be a personal chattel, as well as land. Inst. 
 4. 6. 1, 14. Story's Confl. of Laws, § 530. 
 
REA 
 
 (382 ) 
 
 EEA 
 
 The threefold division of actions into real, 
 personal and mixed, is obviously taken 
 from the civil law. Inst. 4. 6. 1, 20. 
 
 REAL ASSETS. Lands or real estate 
 in the hands of an heir, chargeable with the 
 payment of the debts of the ancestor. 2 
 Bl. Com. 244, 302. 2 Williams on Exec. 
 1436. See Assets hy descent. 
 
 REAL CHYMIN. L. Fr. In old Eng- 
 lish law. The royal way ; the king's high- 
 way, {regia via.) Yearb'.V. 6 Edw. IIL 48. 
 
 REAL CONTRACT. In the civil law. 
 A contract in which the obligation arose 
 from, the thing {ex re) itself, which was the 
 subject of it. Inst. 3. 14. 2. Id. 3. 15. 
 Real contracts were those in which, besides 
 the consent of the parties, the delivery of 
 some thing was required to perfect the ob- 
 ligation. Hallifax, Anal. b. 2, c. 15, 
 num. 1. 
 
 In the common law. A contract respect- 
 ing real property, as a lease of land for 
 years. 3 Co. 22 a. Walker's case. 
 
 REAL ESTATE. Landed property, 
 including all estates and interests in lands 
 which are hold for life or some longer pe- 
 riod of duration.* An estate in fee or for 
 life in land, not comprehending terms for 
 years or any interest short of a freehold. 
 3 Kenffs Com. 401. 
 
 In New-York, the term "real estate" has 
 been declared by statute to be equivalent 
 in meaning to " land," (1 R. S. [387,J 
 Z*iQ, § 2,) and to "lands, tenements and 
 hereditaments," {Id. [750,] 741, § 10;) 
 and has been otherwise " construed to in- 
 clude every estate, interest and right, legal 
 and equitable, in lands, tenements and 
 hereditaments, except such as are deter- 
 mined or extinguished by the death of an 
 intestate, seised or possessed thereof, or in 
 any manner entitled thereto, and except 
 leases for years, and estates for the life of 
 another person." Id. [744, 755,] 745, 
 §27. 
 
 REAL ESTATE BROKER. One who 
 engages in the purchase and sale of real 
 estate as a business and occupation, and so 
 holds himself out to the public in that 
 character and capacity. 26 Penn. St. R. 
 138. 
 
 REAL EVIDENCE. [Lat. evidentia 
 rei vel facti.'\ All evidence of which any 
 object belonging to the class of things 
 is the source ; persons also included, in re- 
 spect of such properties as belong to them 
 in common with things. 3 Benth. Jud. 
 Ev, 26. This term has been recently in- 
 
 troduced from the civil law. Best on Evid. 
 221, §178. 
 
 REAL INJURY. In the civil law. An 
 injury arising from an unlawful act, as dis- 
 tinguished from a verbal injury which was 
 done by words. Hallifax, Anal. h. 2, c. 25, 
 num. 3, 4. 
 
 REAL PROPERTY consists of lands, 
 tenements and hereditaments. 1 Hilliard'i 
 Real Prop. 49. 
 
 REAL RIGHT. In Scotch law. A 
 right of property in a subject ; b,jus in re. 
 Belt's Diet. 
 
 REAL (or PR JEDIAL) SERVITUDE. 
 In the civil law. A r^ht which one estate 
 or piece of land {prcsdium) owes to another 
 estate. See Proedial servitude. 
 
 REAL STATUTES. In the civil law. 
 Statutes which have principally for their 
 object, property, and which do not speak 
 of persons, except in relation to property. 
 Story's Confl. of Laws,^\S. See Statute. 
 
 REAL THINGS, (or THINGS REAL.) 
 In the common law. Such things as are 
 permanent, fixed and immoveable, which 
 cannot be carried out of their place, as lands 
 and tenements. 2 Bl. Com. 15. Things 
 substantial and immoveable, and the rights 
 and profits annexed to, or issuing out of 
 them. 1 Steph. Com. 166. 
 
 This expression is, in strictness, clearly 
 pleonastic, the sense of thing (res) being 
 already implied in the word real, as will at 
 once appear by giving it a Latin form, res 
 reales. See Real. 
 
 REAL WRONG. In old English law. 
 An injury to the freehold; "that which 
 meddleth with the freehold otherwise than 
 it ought ; and is a discontinuance or ouster." 
 Finch's Law, b. 3, ch. 4. 
 
 REALE. L. Fr. Real. Accions per- 
 sonelles ou reales. Britt. fol. 1 b. 
 
 REALE, Real. L. Fr. Royal. Kel- 
 ham. 
 
 REALIS. L. Lat. In old English law. 
 Real ; relating to land. Quadam [actiones] 
 sunt reales, et qucedam sunt personales ; 
 some actions are real, and some are per- 
 sonal, ^j-aci. fol. 159 b. Secundum quod 
 placitum fuerit reale velpersonale ; accord- 
 ing as the plea is real or personal. Id. fol. 
 1 b. Fleta, lib. 1, c. 1, § 1. Id. lib. 2, c. 
 13, § 4. 
 
 REALITY. In foreign law. That 
 quality of laws which concerns property or 
 things, {quce ad rem spectant.) Story's 
 Ccnfl. Laws, § 16. See Personality. 
 
 REALTY. The quality of being real, 
 
REB 
 
 (383 ) 
 
 REC 
 
 or relatifig to lands and tenements.* Things 
 real. 1 Steph. Com. 156. 
 
 REASONABLE. Agreeable to reason ; 
 just ; proper. See Reasonable time. 
 
 Ordinary or usual. Reasonable care is 
 ordinary care, (q. v.) Reasonable common 
 imports what is usual. Lord EUenborough, 
 6 M.S S. 49. See Id. 69. 
 
 REASONABLE PART. In old Eng- 
 lish law. That share 6i a man's goods 
 which the law gave to his wife and chil- 
 dren after his decease. 2 Bl. Com. 492. 
 
 REASONABLE TIME cannot be made 
 the subject of abstract definition. What 
 is a reasonable time ihust be determined 
 by the circumstances of the particular case. 
 See 22 Alabama R. 414. 
 
 RE-ASSURANCE. A contract made 
 by the first insurer of property with an- 
 other insurer, by which he has the entire 
 sum he has insured, re-assured to him, for 
 the purpose of obtaining indemnity against 
 his own act.* 3 Kenfs Com. 278, 279. 
 Otherwise called re-insuranee. 1 Phill. on 
 Ins. 146. 
 
 Re-assurance is prohibited in England, 
 except in special cases, by statute 19 Geo. 
 IL c. 37, § 4. 
 
 RE-ATTACHMENT. [L. Lat. re-at- 
 tachiamentum.^ In old English practice. 
 A second or repeated attachment. Cowell. 
 Reg. Jud. 35. 
 
 REATJME, Reaugme, Reame. L. Fr. 
 Realm. Kelham. 
 
 REAVER. L. Fr. To have again, or 
 have back; to re-have. Britt. c. 93. 
 
 RE-BAIL. In old English law. To re- 
 deliver. 3 Leon. 150. See Bail. 
 
 REBEAUX, Rebealx, Rebeux. L. Fr. 
 Rebels ; disobedient persons. Kelham. 
 
 REBELLIO. Lat. In old English law. 
 Rebellion. Stat. Marlbr. c. 7. 
 
 REBELLION, Commission of. In equity 
 practice. A process of contempt issued on 
 the non-appearance of a defendant. See 
 Commission of rebellion. 
 
 REBELLIS. Lat. In old English law. 
 A rebel. Stat. Marlbr. c. 7. 
 
 REBOTABLE. L. Fr. [from reboter, 
 q. v.] That may be rebutted, put or thrust 
 back, or barred ; barrable, rebuttable. Le 
 madle est receyvable, et lafemme rebotable ; 
 the male is receivable, (may be admitted,) 
 and the female rebuttable, (may be rejected.) 
 Britt. c. 119. 
 
 REBOTER, Rebouter. L. Fr. To put 
 or thrust back ; to repel ; to bar ; to re- 
 but ; to reject. Reboter Vassise ; to bar 
 
 the assise. Britt. c. 11. Si jeo puisse re- 
 boter Pun, jeo 'rthoteray Vautre ; if I may 
 rebut the one, I shall rebut the other. 
 Tearb. T. 9 Edw. III. 12. 
 
 REBUT, [from L. Fr. reboter, q. v.] 
 In pleading and evidence. To repel; to 
 meet or counteract the effect of opposing 
 allegations or evidence. See Rebutter. 
 
 REBUTTABLE PRESUMPTION. In 
 the law of evidence. A presumption which 
 may be rebutted by evidence. Otherwise 
 called a disputable presumption. A spe- 
 cies of legal presumption which holds good 
 until disproved. Best on Pres. § 25. 1 
 Greenl. Ev. § 33. 
 
 REBUTTER, [from L. Fr. reboter ; to 
 thrust back, repel or bar.] In pleading. 
 A defendant's answer of fact to a plaintiff's 
 surrejoinder ; the third pleading in the se- 
 ries on the part of the defendant. Steph. 
 PL 59. 3 Bl. Com. 310. Co. Litt. 303 b. 
 
 Rebutter, in the old books, had also the 
 general sense of bar or estoppel. Bro. Abr. 
 Barre, num. 23, 25. Cowell. Co. Litt. 
 365 a. Shej}. Touch. 182. And it is still 
 occasionally used in this sense. Story, J. 
 1 Sumner's R. 263. 
 
 REBUTTING EVIDENCE. Evidence 
 adduced on the part of a plaintiff' or pro- 
 secutor to repel or counteract evidence on 
 the part of a defendant or prisoner. 
 
 REGAL. In practice. To reverse a 
 judgment on writ of error for error in fact. 
 1 Arch. Pr. 281. 16 Wendell's R. 48. 
 
 RECAPTION, [from Lat. recaptio, from 
 re, again, and captio, a taking.] A retak- 
 ing, or taking back. A species of remedy 
 by the mere act of the party injured, 
 (otherwise termed reprisal,) which happens 
 when any one has deprived another of his 
 property in goods or chattels personal, or 
 wrongfully detains one's wife, child or ser- 
 vant. In this case, the owner of the goods, 
 and the husband, parent or master may 
 lawfully claim and retake them, wherever 
 he happens to find them, so it be not in a 
 riotous manner, or attended with a breach 
 of the peace. 3 Inst. 134. 3 Bl. Com. 
 4. 3 Steph. Com. 358. 
 
 In English practice. A writ to recover 
 damages against a person who, pending a 
 replevin for a former distress, distrains 
 again for the same rent or service.* 3 Bl 
 Com. 150. 
 
 RECEDERE. Lat. [from re, back, and 
 cedere, to go.] In old practice. To go 
 back; to recede; to draw back. Possunt 
 contrahentes recedere de cmiractu ■ the 
 
EEC 
 
 (384) 
 
 EEC 
 
 contracting parties may draw back from 
 the contract. Fleta, lib. 2, c. 58, § 3. 
 
 To retire or be dismissed from court. 
 Quietus recedei ; shall go quit. Fleta, lib. 
 l,c. 21, § 7. Recedunt sine die ; go with- 
 out day. Id. lib. 2, c. 39, § 1. Recedet 
 inde reus quietus imperpetuum ; the defen- 
 dant shall go quit thereof forever. Id. c. 
 63, § 12. 
 
 Receditur a placitis jnrig, potiDs qnam in- 
 juria; et delicta maneant impnnita. Posi- 
 tive rule* of law (as distinguished from 
 maxims or conclusions of reason,) will be 
 receded from, [given up or dispensed with] 
 rather than crimes and wrongs should re- 
 main unpunished. BacorCs Max. 55, reg. 
 1 2. See Placita juris. 
 
 RECEIPT. [L. Fr. resceit.'\ An ac- 
 knowledgment in writing of having received 
 a sum of money, goods or other valuable 
 consideration ; an acquittance. As to its 
 effect, see 1 Greenl. Evid. § 212. An ac- 
 knowledgment of the receipt of the con- 
 sideration money constitutes aformal clause 
 in all deeds of conveyance. 
 
 In old practice. Admission of a party 
 to defend a suit, as of a wife on default of 
 the husband in certain cases. Litt. sect. 
 668. Co. Litt. 352 b. Called, also, defen- 
 sio juris. Id. ibid. 
 
 EECEIPTMENT. [L. Fr. resceitment, 
 q. v.] In old English law. The receiving 
 or harboring a felon knowingly, after the 
 commission of a felony. Stat. Westm. 1, 
 c. 14. 2 Inst. 182. Answering to the 
 Scotch resetting or resset, (q. v.) 
 
 EECEIPTOE. In practice. A person 
 to whom goods levied on by a sheriff are 
 delivered, on his undertaking (called a re- 
 ceipt,) to deliver the same to the sheriff, on 
 demand, or to pay the amount of the exe- 
 cution, with costs. 5 HilVs B. 588, 590. 
 See Story on Bailm. § 124. 
 
 EECEIVEE. L. Fr. To receive; to 
 admit. Si la feme pria destre receive et 
 soit receive ; if the wife pray to be received 
 and is received. Litt. sect. 668. 
 
 EECEIVEE. [L. Lat. receptor.] In 
 criminal law. One who receives stolen 
 goods from thieves, and conceals them. 
 Cowell. This was always the prevalent 
 sense of the word in the common as well as 
 the civil law. Id. 
 
 EECEIVEE. In equity practice. An 
 officer appointed by a court of chancery or 
 equity, to take possession of the property 
 of a defendant, or of property which is the 
 subject of litigation, and to hold the same 
 
 and apply the profits, or dispose of the pro- 
 perty itself under the direction of the court ; 
 with the view of more effectually securing 
 th« rights of the complainant or other par- 
 ties who may be entitled.* — An indifferent 
 person between the parties, appointed hy 
 the court to receive the rents, issues or 
 profits of land or other thing in question in 
 the court, pending the suit, where it does 
 not seem reasonable that either party should 
 do it. Wyaifs Prac. Reg. 355. The ap- 
 pointment of a receiver is applied for by 
 bill, petition or motion, and is a common 
 preliminary proceeding to the winding up 
 of the affairs of a partnership or incorpo- 
 rated company, as well as an ordinary ad- 
 junct to a judgment creditor's bill. See 
 Edwards on Receivers, 1 — 18. 
 
 A receiver is an officer of the court which 
 appoints him, but cannot sue in a foreign 
 jurisdiction for the property of the debtor. 
 17 Howard's R. 322. See the distinction 
 between a receiver in chancery under a 
 creditor's bill, and an assignee in bank- 
 ruptcy explained. Id. ibid. 
 
 EECEIVEE (of MONEYS.) In old 
 law. (L. Fr. recevor or rescevor de deniers ; 
 L. Lat. receptor denariorum.) A term used 
 in connection with bailiff, (q. v.) 
 
 EECENS INSECUTIO. L. Lat. In 
 old English law. Fresh suit; fresh pur- 
 suit. Pursuit of a thief immediately after 
 the discovery of the robbery. 1 Bli Com. 
 297. Recens secia ; fresh suit. Fleta,lih. 
 1, c. 24, § 3. 
 
 EECEPTAMENTUM. L. Lat. [L. 
 Fr. recettement.] In old English law. Ee- 
 ceiptment; the receiving (Scotch, resetting,) 
 or harboring a felon after the commission 
 of the crime. Bract, fol. 152 b. Fleta, 
 lib. 1, c. 31, § 8. 
 
 EECEPTAEE. L. Lat. In old Eng- 
 lish law. To receive ; to harbor (a felon.) 
 Jurare debent quod utlagatos, murdritores, 
 robbatores et burglatores non receptabunt, 
 nee eis consentient; ought to swear that 
 they will not harbor outlaws, murderers, 
 robbers and burglars, nor will consent [or 
 be privy] to them. Bract, fol. 115 b. 
 
 EECEPTATOR. Lat. [from receptare, 
 q. v.] In civil and old English law. A 
 receiver or harborer of a robber or other 
 felon. Dig. 47. 16. Bract, fol. 115 b. 
 Fleta, lib. 1, c. 38, § 16. Id. lib. 2, c. 62, 
 § 9. Feud. Lib. 2, tit. 53, § 8. 
 
 RECEPTOE. Lat. [from recipere, to 
 receive.] In old English law. Eeceiver ; 
 a receiver. Fleta, lib. 2, c. 33. 
 
EEC 
 
 (385) 
 
 REG 
 
 Receptor denariorum ; receiver of mo- 
 neys. Id. lib. 2, c. 70, §§ 1, 9. 
 
 Receptrix. A female receiver. Yearh. 
 M. 19 Hen. VI. 10. 
 
 RECESSUS. Lat. [from recedere, to go 
 back] In old Englisb law. A going from ; 
 a going off or out of land. Cum lihero 
 accessu .et recessu; with free access and 
 recess, [ingress and egress.] Bract, fol. 
 231 b. 
 
 RECESSUS MARIS. Lat. In old 
 English law. A going back ; reliction or 
 retreat of the sea. ITale de Jur. Mar. 
 pars 1, c. 6. 
 
 RECETOUR, Recettour. L. Fr. In 
 old English law. A receiver or harborer 
 of a felon; an accessary after the fact. 
 Britt. c. 24. One who received and con- 
 cealed a returned outlaw. Id. c. 12. 
 
 RECETTEMENT. L. Fr. In old Eng- 
 lish law. Receiptment ; the receiving and 
 harboring a felon. Del consentment ou del 
 recettement de ceux felons a escient; of 
 consenting to, or harboring such felons 
 knowingly. Bntt. c. 1. 
 
 RECHASER. L. Fr. To drive back. 
 Tearh. M. 11 Hen. VL 4. 
 
 RECHATE. L. Fr. Ransom. Faire 
 rechat' dv, char et du saunk ; to make ran- 
 som of flesh and of blood. Yearh. M. 7 
 Edw. II. 214. 
 
 RECHATER. L. Fr. To ransom; to 
 buy back. Kelham.. 
 
 RECIDIVE. Fr. In French law. The 
 state of a person who commits a second 
 offence, after condemnation or punishment 
 for a previous one ; a relapse. Bouvier. 
 
 RECITAL. [L. Lat. recitatio.'] In con- 
 veyancing. The formal preliminary state- 
 ment in a deed or other instrument, of 
 such deeds, agreements or matters of fact 
 as are necessary to explain the reasons 
 upon which the transaction is founded. 
 2 Bl. Com. 298. The recital is contained 
 in the premises (q. v.) of a deed, and usu- 
 ally commences with the formal word 
 "whereas" which, when there are several 
 recitals in succession, is repeated accord- 
 ingly ; " and whereas." As to its effect, 
 see 1 Leon. 122. And see Burr. Sett. 
 Cas. 23. 
 
 In pleading. The statement of matter 
 as introductory to some positive allegar 
 tion, beginning, in declarations, with the 
 words " For that whereas," or in the old 
 Latin forms with pro eo quod cum, (q. v.) 
 See Steph. PI. 388, 389. 
 
 RECLAIMING BILL. In Scotch prac- 
 
 VoL. IL 
 
 tice. A bill or written pleading, stating 
 the grounds on which a judgment of the 
 Lord Ordinary, or of the whole court, i« 
 expected to be altered. BelPs Diet. 
 
 RECLAMER. L. Fr. To reclaim ; t© 
 make a claim ; to challenge. Kelham. 
 
 RECOGNITIO. L. Lat. [from recoff- 
 noscere, q. v.] In old English law. An 
 assise. Magna Charta., 9 Hen. III. c. 12. 
 Bract, fol. 164 b. Fleta, lib. 4, c. 1, § 7. 
 
 A jury, as distinguished from an assise 
 proper. 1 Reeves' Hist. Eng. Law, 367. 
 
 The verdict of an assise. Cowell. 
 Strictly the act of the jury in hearing and 
 inquiring into the truth of the case, ia 
 order to the making up of their verdict. 
 
 A recognizance. See Recognizance. 
 
 An acknowledgment. Cowell. 
 
 RECOGNITOR. L. Lat. [from recog- 
 noscere, q. v.] In old English law. A per- 
 son impanelled on an assise, as jurator was 
 one impanelled on a jury. Recognitoreg 
 in assisis, juratores in juratis. Bract, fol. 
 351 b. Id. fol. Ill b. 
 
 RECOGNITURA. L. Lat. In old 
 practice. To recognize. See Recognoscere. 
 
 RECOGNIZANCE, Recognisance, [from 
 L. Fr. reconisaunce ; L. Lat. recognitio, 
 qq. v.] In practice. An acknowledgment 
 upon record ; an acknowledgment of a 
 debt upon record.* An obligation of re- 
 cord, entered into before some court of 
 record, or magistrate duly authorized, with 
 condition to do some particular act ; as to 
 appear at the assizes, or criminal court, to 
 keep the peace, to pay a debt, or the like. 
 It resembles a bond, but differs from it in 
 being an acknowledgment of a former debt 
 upon record. 2 Bl. Com. 341. 
 
 The undertaking of special bail in a 
 civil action at law, of which the bail piece 
 is a memorandum.* 3 Bl. Com. 291. 
 
 In old practice. An assise ; the inqui- 
 sition or verdict of an assise. Cowell. See 
 Reconisaunce, Recognitio. 
 
 To RECOGNIZE. [L. Lat. recognoscere, 
 q. v.] In practice. To examine, or try ; 
 to inquire so as to know. "The assise 
 came to recognize if," &c., were the first 
 words of the record of an assise of novel 
 disseisin. 9 Co. 1 a, DowmarHs case. 
 
 This old word is still retained in the 
 entry of the award of jury process on the 
 record, the sheriff being directed to sum- 
 mon a jury " to recognize, &c.," that is, to 
 recognize or try the truth of the issue be- 
 tween the parties. 3 Bl. Com. 352. See 
 Recognoscere. 
 25 
 
EEC 
 
 (386) 
 
 EEC 
 
 EECOGNOSCEEE. Lat. [from re, 
 again, and cognoscere, to know ; L. Fr. re- 
 conustre.] In old practice. To acknow- 
 ledge. Idem B. veriit in eadem curia, et 
 reoognovit totam prcedictam terram, cum 
 pertinentiis, esse jus ipsius A. ; the said B. 
 came into the said court, and acknowledg- 
 ed the whole of the said land, with the 
 appurtenances, to be the right of the said 
 A. Bract, fol. 73 b. 
 
 To recognize; that is, to try or ex- 
 amine, as a jury ; to inquire so as to know 
 the truth. Parati Sacramento recognos- 
 cere si B. pater G. de IV. fuit seysitus ; 
 prepared on oath to recognize if B. the 
 father of C. of N. was seised. Id. fol. 
 294. Ad recognoscendum super sacra- 
 mentum suum siprcedictus C-proedietum D. 
 robbavit ; to recognize upon their oath, if 
 the said C. robbed the said D. Id. fol. 
 Ill b, 112. See Fortescue, de L. L. An- 
 glice, c. 25, note. Assisa venit recognitura, 
 (the assise came to recognize,) were the 
 first words of the record of an assise of 
 novel disseisin. Litt. sect. 234. 
 
 The word recognoscere is said to have 
 originally had, in this application, its lit- 
 eral sense, — to know again, to call to re- 
 membrance, to declare upon recollection ; 
 juries having been originally composed of 
 witnesses, or persons cognizant, of their 
 own knowledge, of the fact in question. 
 Steph. PL Appendix, Note (40.) 
 
 EECONISAUNCE. L. Fr. A recog- 
 nizance (to keep the peace.) Britt. c. 16. 
 
 The inquisition of an assise or jury. 
 Petite assise est reconisaunce de xiijorours, 
 del droit le pleyntyfe sur la possession. Id. 
 c. 42. 
 
 EECONQUIS. L. Fr. Eecovered ; re- 
 obtained. Britt. c. 59. 
 
 EECONUSTEE. L. Fr. To recog- 
 nize. A reconustre sur lour 'serment ; to 
 recognize upon their oath. Britt. c. 45. 
 
 EECONVENIEE. Lat. In the canon 
 and civil law. To make a cross demand 
 upon the actor, or plaintiff. 4 Reeves' 
 Hist. 14, and note (r.) 
 
 EECONVENTIO. Lat. [from recon- 
 venire, q. v.] In the civil and canon law. 
 A cross demand by the reus (defendant) 
 upon the actor (plaintiff;) a proceeding in 
 the nature of a cross bill in equity. Halli- 
 fax. Anal. b. 3, c. 1, n. 40. Galv. Lex. 
 Fleta, lib. 4, c. 22, § 9. Gilb. For. Bom. 
 45, 46. Story's Fq. PI. § 402. Con- 
 sidered to be the origin of a cross bill. 
 Id, ibid. 
 
 EECONVENTION. A cross demand. 
 A term used in practice in the states of 
 Louisiana and Texas, derived from the r«- 
 conventio (q. v.) of the civil law. Eecon- 
 vention is not identical with set-off, but 
 more extensive. See 6 Texas B. 414. 5 
 Id. 501, 504. 
 
 EECOPILACION DE INDIAS. Span. 
 A collection of Spanish colonial law, pro- 
 mulgated A. D. 1680, See Schmidt's Civ, 
 Law, Introd. 94. 
 
 EECOED. L. Fr. and Eng. [L. Lat. 
 recordum, from Fr. recorder, Lat. recordari, 
 to call to mind, to recite or testify on re- 
 collection.] In practice. An instrument 
 containing an account of the proceedings 
 of a court of justice, particularly in an ac- 
 tion at law, and intended as an authentic 
 memorial of such proceedings. A history 
 of the proceedings in an action at law, 
 consisting of entries of the various acts of 
 the parties and of the court, arranged in 
 the order of their occurrence, expressed in 
 the formal language prescribed by prece- 
 dent, connected together by the peculiar 
 entries called continuances, and terminat- 
 ing with the judgment of the court upon 
 the whole matter. 
 
 In England, the peculiar material upon 
 which the record has always been written, 
 forms an essential part of the definition of 
 the word. Hence Lord Coke has defined 
 a record to be " a -memorial or remem- 
 brance in rolls of parchment, of the pro- 
 ceedings and acts of a court of justice." 
 Co. Litt. 260 a. And Mr. Serjeant Ste- 
 phen observes that "a record signifies a 
 roll of parchment, upon which the proceed- 
 ings or transactions of a court are entered 
 or drawn up by its officers, and which is 
 then deposited in its treasury, in perpe- 
 tuam rei memoriam." 3 Steph. Com. 683. 
 In the United States, paper has univer- 
 sally supplied the place of parchment as 
 the material of the record, and the roll 
 form has, on that account, fallen into dis- 
 use; but, in other respects, the forms of 
 the English records have, with some modi- 
 fications, been generally adopted. In a late 
 case, a record was defined " a memorial of 
 a proceeding or act of a court of record, 
 entered in a roll for the preservation of it." 
 1 Hempstead's B. 214. 
 
 *^* The use of records, in the technical 
 sense just considered, is altogether pecu- 
 liar to the common law, and they have 
 always been regarded by that law with 
 very peculiar consideration. Constituting 
 
EEC 
 
 (387) 
 
 REG 
 
 the only strict and proper proof of the 
 proceedings of the court in which they are 
 preserved, they are also regarded as proof 
 of so transcendant and absolute a nature, 
 as to admit of no contradiction, or, in 
 Lord Coke's language, they " import in 
 themselves such incontroUable credit and 
 verity, as they admit no averment, plea or 
 proof to the contrary." Co. Litt. 260 a. 
 3 Steph. Com. 583. See 25 Alabama B. 
 116. And the peculiar privilege of some 
 courts to have these memorials has, of it- 
 self, created the great leading distinction, 
 equally recognized in English and Ameri- 
 can law, between courts of record and 
 courts not of record. 3 Bl. Com, 24. 
 
 The practice of recording (thus peculiar 
 to the common law,) has been very satis- 
 factorily shown by Mr. Serjeant Stephen 
 to be essentially of Norman origin. 
 Steph. PI. Appendix, Note (11.) The 
 term record, is itself, as he observes, in its 
 immediate derivation, French; or rather, 
 it is a French word adopted in English 
 without change, as will appear from the 
 use of it in Britton. Et en tiel cas volons 
 que lour roules porten record ; and in such 
 case we will that their rolls shall bear or 
 caiTy record, that is, shall have the force 
 of record. Britt. c. 1. Enroulment de 
 court que parte record; enrollment of a 
 court which bears record, that is, of a 
 court of record. Id. c. 28. Record is 
 from recorder; and the latter word ancient- 
 ly signified, in the Norman law, to recite 
 or testify on recollection, as occasion might 
 require, what had previously passed in 
 court, which was the duty of the judges 
 and other principal persons who presided 
 at the placitum, — thence called recordeurs. 
 Steph. PI. Appendix, Note (11.) In fact, 
 all over France, at this early period, the 
 only mode of proving what took place in 
 the courts, seems to have been by the tes- 
 timony of witnesses, by whom, as Montes- 
 quieu observes, they proved what had 
 been already done, said, or judicially de- 
 creed, (on prouvoit par temoins ce qui 
 s'etoit deja passe, dit, ou ordonnS en jus- 
 tice.) Tbis was what they called the pro- 
 ceeding by record, [par ce que s'appelloit la 
 procedure par record.) Esprit des Loix, 
 liv. 28, c. 34. The same thing conclu- 
 sively appears from the Assises de Jerusa- 
 lem, referred to by Mr. Stephen. 
 
 The proper original of the English record 
 is considered by the last named author to 
 have been an occasional memorandum (dis- 
 
 tinctly mentioned in the Assises de Jerusa- 
 lem,) drawn up by the Francic pleader to 
 confirm the recollection of his judges, and 
 which, by a gradual progress, (not now to 
 be traced,) took the shape of an oflBcial con- 
 temporaneous minute of the proceedings ; 
 and, no longer merely subordinate to a 
 record or judicial report, became itself in- 
 vested with that name and character, 
 "Whether this change," observes Mr. 
 Stephen, " had fully taken place at the date 
 of Grlanville's treatise, (in the reign of Hen- 
 ry II.) that work does not enable us ac- 
 curately to decide. — However, we find at 
 least very shortly after this period, the 
 practice of recording, in the present sense 
 of the termj was in full operation." The 
 series of records, now extant, begins with 
 the reign of Richard I. and the earliest of 
 them are to be found in the collection called 
 Placitorum Abbreviatio. Steph. PL Ap- 
 pendix, Note (11.) Bracton frequently 
 refers to the irrotulationes (enrollments,) 
 as important parts of the proceedings in an 
 action, and occasionally gives forms of 
 them. Bract, fol. 16, 292, 299 b. The 
 same author, in citing the judicial decisions 
 of that period, distinctly mentions the ro- 
 tuli or rolls on which they were recorded, 
 sometimes distinguishing in what part of 
 the roll the case was to be found. 
 
 It may not be out of place to advert 
 here, briefly, to the principal features of 
 this very important judicial instrument. 
 The ancient record was, as its form clearly 
 indicates, a contemporaneous minute of the 
 proceedings in an action, drawn up by an 
 ofiScer of the court, containing an entry of 
 every act done in court, either by the par- 
 ties or by the court itself, which, (as every 
 thing done in an action was then done in 
 open court,) embraced all the proceedings 
 in the suit, — the appearances and pleadings 
 of the parties, prayer and allowance of im- 
 parlance, prayer and allowance of oyer, 
 award of jury process, proceedings at the 
 trial, verdict of the jury and judgment of 
 the court, with the various intermediate and 
 incidental proceedings. Its contemporane- 
 ous character appears every where on its 
 face, the proceedings being uniformly en- 
 tered in language of the present tense, and 
 as oi present occurrence. The. plaintiff 
 " complains" and " brings suit ;" the de- 
 fendant '■'■comes and defends," and ''■prays 
 judgment;" the "jury come" and "«aj 
 upon their oath;" and the judgment o 
 the court is, that "it is considered," &r 
 
EEC 
 
 (388 ) 
 
 REC 
 
 Another distinctive feature of the old record 
 was its continuances, or the entries of the 
 adjournments of the court from one day or 
 term to another, by which the parties were 
 temporarily dismissed and appointed to ap- 
 pear again, and by which its various parts 
 were at the same time most effectually con- 
 nected together. It was this peculiar prin- 
 ciple of construction, by which the record 
 was made to follow the action step by step, 
 and to reflect everi/ proceeding in it just as 
 it occurred, which gave it from an early 
 period the stamp of the very highest au- 
 thority as a judicial memorial. Kept con- 
 stantly under the eye of the court, and by 
 its own officer, it necessarily became the 
 evidence in itself, of what it contained, 
 admitting, indeed, of no extrinsic proof 
 whatever. The great and obvious impor- 
 tance of the record in this particular, led to 
 a corresponding degree of care in framing 
 it. By the consummate skill of the Anglo- 
 Norman pleaders, its language was gradu- 
 ally elaborated to the highest degree of 
 precision and uniformity, its various parts 
 studiously adapted to each other and logi- 
 cally fitted together, until, by the force of 
 constant repetition, and under the sanction 
 of the courts for a succession of centuriesj 
 the whole instrument settled at last into a 
 fixed form of expression, which admitted of 
 (as it required) no variation. In this way, 
 the record came to be, at an early period, 
 and before the discontinuance of oral plead- 
 ings, next after the original writ, the most 
 important document in an action, prescrib- 
 ing indeed the form of all the other proceed- 
 ings, which constituted its component parts. 
 This is very forcibly shown in the fact that, 
 when written pleadings were introduced, 
 they were framed precisely as they had 
 before appeared on the record, and were 
 virtually mere extracts from it. Steph. PI. 
 35, (Am. ed. 1824.) Hence arose what has 
 always been a leading principle of practice, 
 that every proceediiig in an action intended 
 or required to appear on the record, must 
 be framed in the language of the record, 
 and with reference to its place on that in- 
 strument, or, in other words, must be 
 framed with the same exactness as the 
 record itself. See Anthonh Law Student, 
 266, 267, 273. 
 
 Two circumstances, in addition to what 
 has been mentioned, contributed to stamp 
 the record with that character of immuta- 
 bility which has accompanied it down to 
 modern times, and almost to the present 
 
 day. One was the circumstance of its 
 being kept in Latin, a language admitting 
 of no variation, and the other, the character 
 of inviolability, which preserved it from the 
 slightest degree of alteration after it had 
 been once made up. 
 
 The substitution of English for Latin as 
 the language of the record, and of ordinary 
 writing for the " ancient and immutable 
 court hand," which took place in the reign 
 of George II. were innovations upon the 
 ancient system apparently demanded by 
 the times, but viewed by highly competent 
 judges of the period with much apprehen- 
 sion as to their efiect upon the durability 
 of the record, as a memorial of the pro- 
 ceedings in an action. See Court hand. 
 How far these apprehensions have been 
 realized in the particular way anticipated, is 
 for English practitioners to determine ; but 
 that they have been realized in the general 
 result of impairing the character of the 
 record by reducing it to the level of an 
 ordinary instrument, privileged in no pecu- 
 liar manner from change, seems apparent 
 in the material alterations which have at 
 length been efiected, in England, in the 
 structure of this once inviolable and immu- 
 table memorial of judgment. .These changes 
 consist principally in omitting all or most 
 of those entries by which the several parts 
 of the record were formerly connected 
 together, (including the entire system of 
 continuances,) by omitting the formal com- 
 mencements and conclusions of pleadings, 
 which were in fact portions of the record 
 itself, connecting with the pleadings, and by 
 the general modification of the language of 
 the pleadings themselves. In this way 
 the unity of the record has been effectually 
 broken up, and the symmetry of its parts 
 and the uniformity of its language, once 
 thought to constitute its peculiar value, 
 have been obviously impaired. 
 
 In some of the United States, similar 
 modifications of the form of the record have 
 been adopted, going in some instances in- 
 deed to much greater lengths ; and, on 
 the whole, the modem tendency undoubt- 
 edly is to place this instrument, in point 
 of dignity and importance, far below the 
 position it once occupied. Latterly, how- 
 ever, the courts have evinced a determina- 
 tion to maintain the record in its proper 
 formal character. See 11 Howard's R. 
 272, 288. 2 Wallace, Jr. 669. 1 Hemp- 
 stead's R. 214. 3 Wisconsin R. 362. 
 
 EECORD, Debt of. A debt which ap- 
 
REG 
 
 (389) 
 
 EEC 
 
 pears to be due by the evidence of a court 
 of record; such as a judgment, a recogni- 
 zance, (fee. 2 Bl. Com. 465. 
 
 RECORD, Trial by. In practice. A 
 mode of trial in use where a matter of re- 
 cord is pleaded in any action, as a judg- 
 ment, and the opposite party pleads nul 
 tiel record, that there is no such matter of 
 record existing. The issue arising hereon 
 is tried merely by the record itself, that is, 
 by the inspection of the court, without 
 witnesses or jury ; and accordingly upon 
 such issue, the record alleged is ordered to 
 be brought into court, that it may be seen 
 and inspected.* 3 Bl. Com. 331. 3 Steph. 
 Com. 583, 584. A record must be tried 
 by itself, and importing verity, if a party 
 desires to controvert it, the record alone 
 must be relied upon for that purpose, by 
 the introduction of a more perfect record. 
 28 Mississippi R. 398. 
 
 RECORD ARE. L. Lat. In American 
 practice. A writ to bring up judgments of 
 justices of the peace. 3 Jones' (N. C.) Law 
 B. 491. 
 
 RECORDARI. L. Lat. In old Eng- 
 lish law. To record. Sed quid si curia 
 recordetur quod querens servitium petitum 
 recognovit, in curia ipsa ; but what, if the 
 court should record that the plaintiff ac- 
 knowledged the service demanded in the 
 court itself. Bract, fol. 157 b. Recorda- 
 ta; recorded. Fleta, lib. 2, c. 13, § 9. 
 
 RECORDARI FACIAS LOQUELAM. 
 L. Lat. (You cause the plaint to be re- 
 corded.) In English practice. A writ by 
 which a suit or plaint in replevin may be 
 removed from a county court to one of the 
 courts of Westminster Hall. 3 Bl. Com. 
 149. 3 Steph. PI. 522, 666. So termed 
 from the emphatic words of the old writ, 
 by which the sheriff was commanded to 
 cause the plaint to he recorded, and to have 
 the record before the superior court. Reg. 
 Orig. 5 b. 
 
 RECORDATOR. L. Lat. In English 
 law. Recorder. 12 JEast, 559. 
 
 RECORDATUR. L. Lat. (It is re- 
 corded.) In old English practice. An 
 entry made upon a record, in order to 
 prevent any alteration of it. 1 Ld. Raym. 
 211. 
 
 RECORDER., L. Fr. In Norman law. 
 To recite or testify on recollection what 
 had previously passed in court. This was 
 the duty of the judges and other principal 
 persons who presided at the placitum, — 
 thence called recordeurs. Steph. PI. Ap- 
 
 pendix, Note (11.) In the Assises de 
 Jerusalem, it is one of the directions given 
 to litigants, that they should collect as 
 many of their own friends as possible in 
 court, and request them to be attentive to 
 what was said, with a view of enabling 
 themselves to retain and record it properly 
 {si que il sachent Men le recorder) at the 
 time of judgment or trial. Assis. de Jerus. 
 0. 44. 
 
 In old English law. To state, recite or 
 relate, as a judge did to a jury. Britt. 
 c. 52. 
 
 RECORDER. [L. Lat. recorrfa tor.] In 
 old English law. A person whom the 
 mayor or other magistrate of any city or 
 town corporate, having jurisdiction or a 
 court of record within their precincts, asso- 
 ciated to him for his better direction in 
 matters of justice and proceedings accord- 
 ing to law. Cowell. 
 
 In modern law. The chief judicial offi- 
 cer of a borough or city, exercising within 
 it, in criminal matters, the jurisdiction of a 
 court of record. Brande. The chief crimi- 
 nal judge of a city. 
 
 In some of the United States, as in 
 Pennsylvania and Ohio, registers of deeds 
 are called recorders. Purdon's Dig. 219, 
 (ed. 1857.) Swan's Statutes, 789, ch. 96, 
 (ed. 1854.) 
 
 RECORDUM. L. Lat. In old English 
 and Scotch law. A record. Si curia re- 
 cordetur quod querens, (be. tunc querens 
 recordum illud dedicere poterit, et cogni- 
 tionem contra recordum curiae ; if the 
 court should record that the plaintiff, &c. 
 then the plaintiff may deny "that record, 
 and the acknowledgment, against the re- 
 cord of the court. Sraci. fol. 157 b. See 
 Fleta, lib. 2, c. 13, § 9. Id. c. 63, § 3. 
 Skene de Verb. Sign. 
 
 Recorda sunt vestigia vetustatis et veri- 
 tatis ; records are the traces of antiquity 
 and of truth. 2 Roll. R. 296. 
 
 RECOUPE, iJecoqp. [from L. Fr. recou- 
 per, to cut again, or to cut out and keep 
 back.] To diminish a claim for damages 
 by cutting out or keeping back a part.* 
 Cowell interprets it, "to defalk or dis- 
 count." Where a man had ten pounds 
 issuing out of certain lands, and he dis- 
 seised the' tenant of thfe land, in an assise 
 brought by the disseisee, the disseisor 
 might recoupe the rent in the damages, in 
 order, to avoid circuity of action^ 5 Co. 
 30 a, Coulter^s case. An executor de son 
 tort is not allowed to retain or recoupe any 
 
EEC 
 
 (390) 
 
 REC 
 
 part of the deceased's goods to satisfy his 
 own debt. Id. ibid. 3 Campb. 282. 
 
 This old word has been revived to 
 a considerable extent in modern law. 
 "Where a man brings an action for 
 breach of a contract between him and the 
 defendant, and the latter can show that 
 some stipulation in the same contract was 
 made by the plaintiff, which he has viola- 
 ted, the defendant may, if he choose, in- 
 stead of suing in his turn, recoupe his 
 damageSj arising from the breach commit- 
 ted by the plaintiff, whether they be liqui- 
 dated or not. The law will cut off so 
 much of the plaintiff's claim" as the cross 
 damages may come to." Gowen, J, 22 
 Wendell's a. 156. See Recoupinent. 
 
 RECOUPER. The old form of Re- 
 coupment, (q. v.) 
 
 RECOUPMENT, [from recoupe, q. v.] 
 In practice. Defalcation or discount from 
 a demand. A keeping back something 
 which is due, because there is an equitable 
 reason to withhold it. Reduction or dimi- 
 nution of damages in an action on a con- 
 tract, from breach of warranty or defects 
 in the performance. The principle of re- 
 coupment haS been established in the state 
 of New-York in several cases of recent oc- 
 currence. 22 Wendell's R. 155. 3 Hill's 
 R. lYl, 174. 6 Id. 68, 71, 76. 7 Id. 53. 
 3 Kernan's ^.151. It is distinguished from 
 set-off. 3 Hill's R.llX. See 2 Kent's Com. 
 472. Sedffw. Meas. of Dam. ch.. ll . In the 
 late Vermont case of Barber v. Chapin, 
 (28 Vermont R. 413, 415,) Redfield, C. J. 
 observed that "the modern use of this 
 term is confessedly so indefinite as to 
 afford no reliable grounds upon which 
 it is safe to proceed." See the different 
 applications of the term shown. Id. 
 ibid. 
 
 RECOUSSE. Fr. In French law. 
 Recapture. Emerig, Tr. des Ass. ch. 12, 
 sect. 23. 
 
 RECOVER, [from L. Fr. recowerer, from 
 Lat. recuperare, qq. v.] To obtain by 
 course of law ; to obtain by means of an 
 action, or by the judgment rendered in an 
 action ; to succeed in an action. The 
 ordinary judgment for a plaintiff in an 
 action at law is " that he do recover." See 
 Quod recuperet. J^ .<i>-*i-«--v 2-7/^ 
 
 RECOVEREE. In old conveyancing. 
 The party who suffered a common re- 
 covery ; the tenant of the freehold, against 
 whom lands were recovered by the process 
 of a common recovery, and by that means 
 
 conveyed to the party recovering.* 2 Bl. 
 Com. 357—359. 
 
 RECOVERER, Recovrir. L. Fr. [from 
 Lat. recuperare, q. v.] To recover ; to ob- 
 tain by action, or course of law. Le vil- 
 leyn ne purra jamiAes recoverer encontre 
 son seigniour ; the villein may never re- 
 cover against his lord. Britt. c. 43. Le 
 seigniour del soil recovera damages vers 
 eux ; the lord of the soil shall recover 
 damages against them. Id. ibid. Hence 
 the English recover, which form indeed 
 appears in the French of Littleton. Si 
 home recover debt ou damages. Hit, sect. 
 504. 
 
 RECOVEROR. In old conveyancing. 
 The party recovering lands by the process 
 of a common recovery ; the party to 
 whom the lands were, by this process, 
 conveyed.* 2 Bl. Com. 357, 358. 
 
 RECOVERY. The obtaining a thing 
 by the judgment of a court, as the result 
 of an action brought for the purpose. 
 
 A species of conveyance now abolished 
 or disused. See Common recovery. 
 
 RECREANT. L. Fr. and Eng. [L. Lat. 
 recreantus, q. v.] In old English law. 
 Cowardly; faint-hearted; yielding to an 
 adversary ; acknowledging defeat. " An 
 odious wordj" by which a combatant in 
 the trial by battel, acknowledged himself 
 to be vanquished, or acknowledged his 
 guilt. See 3 Bl. Com. 340. See Recre- 
 antus, Craven. 
 
 RECREANTIA. L. Lat. In old Eng- 
 lish law. Recreancy ; cowardice ; submis- 
 sion to an adversary; acknowledgment of 
 guilt. Bract, fol. 163. See Recreantus. 
 Called in Glanville and Fleta, recreantisa. 
 Glanv. lib. 2, c. 3. Fleta, lib. 1, c. 38, 
 §18. 
 
 RECREANTUS. L. Lat. In old Eng- 
 lish law. Recreant ; cowardly ; yielding 
 to an adversary ; acknowledging defeat or 
 guilt. Non sufficit quod appellatus cogno- 
 scat se fuisse sodum suum, vel latronem, 
 vel aliquid consimile ad recreantiam, nisi 
 dicat illud verbum odiosum quod recre- 
 antus sit ; it is not enough that the appel- 
 lee acknowledges himself to have been his 
 accomplice, or a robber, or any thing like 
 to recreancy, unless he say that odious 
 word, that he is recreant. Bract, fol. 163. 
 
 RECRIMINATION, [from re, back, 
 and crimen, an accusation ; L. Lat. compen- 
 satio criminis.'] A counter-accusation ; an 
 accusation made by an accused party 
 against the accuser.* A set-off by a de- 
 
EEC 
 
 (391) 
 
 EEC 
 
 fendant of equal giiilt on the part of the 
 complainant in a suit for a divorce, on the 
 ground of adultery. Shelf. Marr. <& Div. 
 440. 
 
 EECTARE, Rettare, Retare. L. Lat. 
 In old English law. To accuse ; to charge. 
 
 EECTATIO. L. Lat. In old records. 
 A claim of right, or appeal to law for the 
 recovery of it. Chartul. Radinges, MS. 
 cited in Cowell. 
 
 RECTATUS, Reitatui. L. Lat. [from 
 L. Lat. rectum; L. Fr. rette, an accusation.] 
 In, old English law. Suspected ; accused ; 
 charged ; surtimoned to answer an accusa- 
 tion, {ad rectum vocatus.) Spelman. 
 Glanv. lib. 1, c. 31. In the old writ De 
 odio et atia, given by Bracton, the sheriff 
 was commanded to summon a jury to in- 
 quire " utrum A, de N. captus et detenius 
 in prisona nostra de tali loco,, de morte B. 
 unde rectatus et appellatus est, rectatus sit 
 vel appellatus de morte ilia odio et atya" 
 &c. ; whether A. of N. taken and detained 
 in our prison of such a place, for the death 
 of B. whereof he is accused and appealed, 
 be accused or appealed of that death by 
 hatred and malice, <fec. Bract, fol. 123. 
 In the form of the same writ in the Regis- 
 ter, rettatus is the word employed. Reff. 
 Orig. fol. 133 b. See Rettatus. Eectati 
 de morte hominis ; charged with the death 
 of a man. Bract, fol. 117 b. Rectati de 
 latrocinio ; accused of robbery. Id. ibid. 
 See Arrect, Arrectare. 
 
 Skene translates this word, " summoned 
 to court to do right," (yocatus in jus ut 
 rectum /acia<.) Sken. not. ad Leg. Burg. 
 c. 80. But this is not approved by Spel- 
 man. It occurs several times in a special 
 writ issued by Henry III. to certain jus- 
 tices in eyre, and which is given at length 
 in Blount. 
 
 RECTE. Lat. In the civil law. Eight- 
 ly. Big. 50. 16. 13. As to the interpre- 
 tation of this word, see Id. ibid. 
 
 EECTITUDO. L. Lat. In Saxon and 
 old English law. A right or legal due. 
 Rectitudines ; rights. LL. Edw, Conf. c. 
 30. LL. Hen. L e. 6. Cowell. 
 
 RECTO, Be. L. Lat. Of right. See 
 Be redo. 
 
 RECTOR. Lat. and Eng. [from regere, 
 to govern.] In English ecclesiastical law. 
 A person having the charge or care of a 
 parish church ; a parson ; literally, the 
 governor of a church. 1 Bl. Com. 384. 
 The word is as old as the time of Bracton, 
 
 who applies it in precisely its moderm 
 sense. M sciendum quod tantum rectori- 
 bus ecclesiarum parochialiup, qui instituti 
 sunt per episcopos et ordinaries, ut per- 
 sonse ; and it is to be known that it [the 
 assise , of Utrurri] lies only for rectors of 
 parish churches, who are instituted by the 
 bishops and ordinaries, as parsons. Bract. 
 fol. 285 b. See Fleta, lib. 4, c. 20, §§ 9 
 — 11. It appears to have been used on 
 the continent at an early period. Spel- 
 man, voc. Rector ecclesioe. 
 
 RECTOR PROVINCI^. Lat. In the 
 Eoman law. The governor of a province: 
 Cod. 1. 40. 
 
 RECTORY. [L. Lat. rectoria.] In 
 ecclesiastical law. The office of a rector. 
 Spelman, voc. Rectoria. 
 
 An entire parish church, with all it« 
 rights, glebes, tithes and other profits 
 whatsoever ; otherwise commonly called a 
 benefice. Id. 
 
 A rector's manse, or parsonage house, 
 {pro mansione seu domicilio rectoris.) Id. 
 
 RECTUM. Lat. In old English law. 
 Eight; law. JVulli vendemus, nulli nega- 
 bimus, aut differemus justitiam vel rectum. 
 To none will we sell, to none will we deny 
 justice or right. Magna Charta, c. 29. 
 See 2 Inst. 66. Be recto deficere ; to fail 
 of right; to fail in doing right or justice. 
 Bract, fol. 330 b. A term peculiar to the 
 law of England. Quod injure scripto jus 
 appellatur, id in lege Anglice rectum esse 
 dicitur ; what in the written (civil) law is 
 called ^Ms, in the law of England is said 
 to be rectum. Fleta, lib. 6, c. 1, § 1. 
 
 A right claimed by a party ; a right t» 
 land claimed by the writ called a writ of 
 right, {breve de recto.) Prcecipimus vobis 
 \tibi^ quod sine dilatione plenum rectum 
 teneatis [teneasli tali de tanto terrce, &c. ; 
 we command you that without delay you 
 do full right to such a one, of so much 
 land, <fec. Reg. Orig. 1. Bract, fol. 328. 
 
 EECTUM, Rettum. L. Lat. [from L. 
 Fr. rette^ In old English law. An accu- 
 sation or charge of crime ; suspicion ef 
 crime. Spelman. Illi qui per commtme 
 rectum sunt retenti, si plegios invenire pos- 
 sunt standi ad rectum si quis adversus eot 
 loqui voluerii, liberentur ; those who are 
 detained upon common accusation [of the 
 county or hundred,] if they^ can find 
 pledges to stand to the accusation [that ig 
 to appear and answer it,] if any one 
 choose to speak against them, shall be dis- 
 charged. Rog, Moved. Annal. part. post. 
 
EEC 
 
 (392) 
 
 EED 
 
 fol. 273 a, n. 40. This passage, given by 
 Spelman from Hoveden, is repeated by 
 the editor of Cowell, but misinterpreted 
 to mean a trial. 
 
 In the Kegister, rettum occurs as a form 
 of this word, closely resembling the Fr. 
 rette, from which it is undoubtedly derived. 
 Reg. Orig. I'J b. See Rettum. 
 
 EECTUS. Lat. Eight; upright; straight; 
 straight forward ; direct. See Rectus in 
 curia, Linea recta. 
 
 EECTUS IN CTJEIA. L. Lat. Eight 
 in court ; free from charge or impeachment ; 
 in a proper position before a court ; regu- 
 larly in court.* One that stands at the 
 bar, and no man objects any thing against 
 him. Cowell. One who has cleared him- 
 self of a charge, as by reversing an out- 
 lawry in an action, and is thereby restored 
 to his former position.* Id. 
 
 Rectus, in this still common phrase, has 
 not only the sense of proper, lawful or 
 regular, but also the radical meaning of 
 upright, expressive of the posture of one 
 who "stands at the bar," and in the confi- 
 dence of innocence, boldly confronts an 
 adversary. The figurative term "stand" 
 is used in a variety of applications, both 
 in ancient and modern law. See Stand, 
 Stare, Persona standi in judicio. 
 
 EECUPERARE. Lat. To recover; 
 to regain ; to get again what one has lost, 
 {ijuod amissum in nostram potestaiem redi- 
 gere.) Calv. Lex. 
 
 EECUPEEATIO. Lat. [from recupe- 
 rare, q. v.] In old English lnw. Eecovery ; 
 restitution by the sentence of a judge, of a 
 thing that has been wrongfully taken or 
 detained. Co. Zitt. IBi a. According to 
 Lord Coke, " it is all one with evictio, in 
 the civil law." Id. ibid. 
 
 EECUPERATOEES. Lat. [from recu- 
 perare, to recover.] In the Eoman law. 
 Persons appointed by the praetor, in pri- 
 vate actions, to examine the facts, or try the 
 cause. They seem to have been peculiar 
 to actions in which the recovery of some 
 certain thing was demanded by the actor 
 or plaintiff, and are thus distinguished by 
 Dr. Hallifax, from the judices, properly so 
 called. Hallifax, Anal. b. 3, c. 8, num. 
 11. 
 
 EECUSANTS. [Lat. recusantes, from 
 recusare, to refuse.] In English law. Per- 
 sons who refused to attend the service of 
 the Church of England. 4 £1. Com. 56. 
 Chiefly papists, and otherwise termed po- 
 pish recusants. Id. ibid. Persons refusing 
 
 to conform to the ceremonies of the Church 
 of England, or take the oath appointed 
 against papists. 1 Steph. Com. 103. 
 
 EECUSATIO JUDICIS. Lat. In the 
 civil and canon law. Eefusal or rejection 
 of a judex ov judge; disapprobation of, or 
 objection to a person proposed or assigned 
 as a judge. Cod. 3. 1. 16. Decretal, lib. 
 2, tit. 28, c. 26. Supposed to correspond 
 to the challenge of a juror, in the practice 
 of the common law. 3 £1. Com. 361. 
 
 In Bracton's time, a judge or justice 
 might be objected to, and refused for suf- 
 ficient cause, as if he were of kin to the 
 demandant, or his dependent, (homo vel 
 subditus,) relative or friend, or the enemy 
 of the tenant, (defendant) or if he had been 
 the party's counsellor, or counter, (narra- 
 tor) in that or another cause. Bract, fol. 
 412. But the law has long been otherwise. 
 Co. Litt. 294 a. 3 Bl. Com. uh. sup. 
 
 EECUSATIO TESTIS. Lat. In the 
 civil law. Eejection of a witness, on the 
 ground of incompetency. Best on Evid. 
 Introd. 60, § 60. 
 
 EED BOOK OF THE EXCHEQUEE. 
 [L. Lat. Liber Ruber Scaccarii.'] In Eng- 
 lish law. An ancient manuscript volume 
 kept in the exchequer, containing several 
 miscellaneous treatises ; an account of the 
 number of hides of land in several counties 
 before the Conquest ; a collection of the 
 escuages under Henry II. Eichard I. and 
 John ; a description of the ceremonies used 
 at the coronation of Queen Eleanor, wife 
 to Henry III. and other matters. Cowell. 
 It is supposed by Mr. Madox to have been 
 compiled by Alexander de Swereford, 
 Archdeacon of Shrewsbury, and an ofiicer 
 in the exchequer in the latter end of Henry 
 II. 1 Reeves^ Hist. Eng. Law, 220, note. 
 But the compiler is otherwise described as 
 Archdeacon of, Salop, and treasurer of St. 
 Paul's, who died A. D. 1246, in the 31st 
 year of Henry III. Cowell. See 2 Show. 
 299. 
 
 EEDDENDO. L. Lat. [from reddere, 
 to render.] In old conveyancing. Een- 
 dering.' The formal word by which a rent 
 was reserved to a grantor. Eeddendo inde 
 per annum, tantum, ad certos terminos tales; 
 rendering therefor so much per year, at 
 such certain times. Bract, fol. 35. Fleta, 
 lib. 3, c. 14, § 7. See Co. Litt. 47 a. 
 BelVs Diet. This was a more grammati- 
 cally correct expression than reddendum, 
 which was afterwards used, as it agreed 
 with " tali," the grantee, to whom it referred. 
 
RED 
 
 (393) 
 
 EED 
 
 REDDENDO SINGULA SINGULIS. 
 Lat. Rendering or assigning separate 
 things to separate persons, or separate 
 words to separate subjects ; making distri- 
 bution; construing distributively. 5 Co. 
 7 b, Justice Windham's case. An expres- 
 sion used to denote tbe separation and dis- 
 tribution of the words of an instrument 
 among several subjects, so as to give effect 
 to the intention of the parties. 1 Spence's 
 Chancery, 540. Lord EUenborough, 11 
 SJast, 451. 
 
 REDDENDUM. L. Lat. [from reddere, 
 q. v.] In conveyancing. Rendering; 
 yielding. The technical name of that 
 clause in a conveyance by which the grantor 
 creates or reserves some new thing to him- 
 self, out of what he had before granted, as 
 *^ rendering therefor yearly, the sum of ten 
 shillings, or a .pepper com," (fee. 2 Bl. 
 Com. 299. 1 Steph. Com. 450, 451. Per- 
 kins, ch. 10, ss. 625, 630, 631. That 
 clause in a lease in which a rent is reserved 
 to the lessor, and which commences with 
 the word " yielding," or " rendering." 
 
 REDDENS CAUSAM SCIENTI^. L. 
 Lat. (Giving the reason of his know- 
 ledge.) In Scotch practice. A formal 
 phrase used in depositions, preceding the 
 statement of the reason of the witness' 
 knowledge. 2 How. Stat. Trials, 715. 
 
 REDDERE. Lat. In old English law. 
 To render ; to pay ; to give or yield. Ad 
 debitum reddendum; to pay the debt. 
 Mag. Cart. 9 Hen. III. c. 8. Ht si capita- 
 lis debitor deficerit in solutione debiti, non 
 habens unde reddat, aut reddere nolit, cum 
 possit ; and if the principal debtor fail in 
 payment of the debt, not having where- 
 with to pay, or shall refuse to pay when 
 able. Jd. ibid. See Reddendum, Red- 
 ditus. 
 
 In the civil law. To give back, (retro 
 rfare;) to restore. Calv. Lex. Lord Coke, 
 in giving the etymology of redditus, adopts 
 this sense of the word. Reddere est quasi 
 retro dare. 10 Co. 128 a, ClurCs case. 
 See Redditus. Reddere, however, had m 
 the civil law the sense of giving also. Ver- 
 bum reddendi quamquam significatum ha- 
 bet retro dandi,- recipit tamen et per se dan- 
 di significationem. Dig. 60. 16. 94. And 
 see Id. 89. 
 
 REDDIDIT SE. L.Lat. (He has ren- 
 dered himself.) In old English practice. 
 A term applied to a principal who had 
 rendered himself in discharge of his bail. 
 7 Mod. 98. Holthouse. 
 
 REDDITARIUS. L. Lat. [from red- 
 ditus, q. vj In old records. A renter ; a 
 tenant. Cowell. 
 
 REDDITARIUM. L. Lat. [{rom red- 
 ditus, q. v.] In old records. A rental, or 
 rent-roll. Cowell. 
 
 REDDITION. In old practice. A ju- 
 dicial confession and acknowledgment that 
 the land or thing in demand belonged to 
 the demandant, or, at least, not to the per- 
 son so surrendering. Cowell. 
 
 REDDITUS. L. Lat. [from reddere, to 
 render, yield or pay.] In old English law. 
 A rent; a payment; a thing rendered, 
 paid or yielded. Item potest q'uis esse te- 
 nens meus reddendo mihi redditum, et pos- 
 sum redditum ilium dare alicui, et attor- 
 nare tenentem meum ad reddendum reddi- 
 tum ilium meo feoffato per manum suam ; 
 also a man may be my tenant by render- 
 ing (or paying) to me a.rent, and I may 
 give that rent to any one, and attorn my 
 tenant to pay that rent to my feoffee with 
 his own hand. Bract, fol. 160. 
 
 Reditus is another form of this word, 
 which occurs in the Register. De reditu 
 unius librm zinziberis ; of a rent of one 
 pound of ginger. Reg. Grig. 2. This is the 
 form adopted by Sir W. Blackstone, who 
 makes the radical sense of the word to be, 
 return, (from redire, to return.) 3 Bl. 
 Com. 231. Id. 42. And Lord Coke, 
 even while adopting the orthography reddi- 
 tus, and the etymology, reddere, gives to 
 both the same sense of going back. Red- 
 dere est quasi retro dSre, et redditus dicitur 
 a reddendo, quia retro it, sc. to the lessor. 
 10 Co. 128 a, William Clun's case,. But 
 this is giving to reddere its civil law sense. 
 
 That redditus is the proper form of this 
 word, seems apparent from the passage 
 above quoted from Bracton, in which the 
 derivation from reddere is very clearly 
 pointed out by the mere collocation of the 
 words. 
 
 REDDITUS SICCUS. L.Lat. In old 
 English law. Rent seek; dry or barren 
 rent. 2 Bl. Com. 42. Redditus c(bcus et 
 siccus. 6 Co. 58 a. 
 
 REDDOUR. L. Fr. A rendering. 
 Kelham. 
 
 REDEMPTIO. L. Lat. In old Eng- 
 lish law. A ransom, or fine. Stat. Marlbr. 
 c. 1. Spelman calls it the heaviest kind of 
 fine, (mulcta gravissima,) and makes it to 
 be the same with the Saxon were or were- 
 gild. 
 
 A ransom. A sum paid as a condition 
 
EED 
 
 (394) 
 
 lv£]£ 
 
 of liberation from confinement. Fleta, 
 lib. 1, c. 42, § 2. 
 
 EEDEUNDO. Lat. Eeturning; in 
 returning; while returning. 3 East, 89. 
 2 Stra. 985. 
 
 EEDEVANCE. Fr. In old French 
 and Canadian law. Dues payable by a 
 tenant to his lord, but not necessarily in 
 money. BunhiiCs Address, 19. 
 
 EEDHIBEEE. Lat. In the civil law. 
 To have again ; to have back ; to cause a 
 seller to have again what he had before, 
 (facere ui rursus habeat venditor quod ha- 
 buerit.) Big. 21. 1. 21, pr. 
 . EEDHIBITIO. Lat. [from redhibere, 
 
 ?[. v.] In the civil law. A returning,, 
 redditio.) Big. 21. 1. 21, pr. The re- 
 turning of a thing purchased to the seller. 
 Id. See Hedhibition. Some copies, in 
 place of redditio in this passage, have re- 
 habitio, a re-having. 
 
 EEDHIBITION. [Lat. redhibitio, from 
 mdhibere, to have back] In the civil law. 
 The returning of a thing purchased to the 
 seller, on the ground of some defect or 
 fraud;* the annulling or undoing of a sale, 
 (venditionis resolutio.) Calv. Lex. The 
 avoidance of a sale on account of some 
 vice or defect in the thing sold, which ren- 
 ders it either absolutely useless, or its use so 
 inconvenient and imperfect, that it must be 
 supposed that the buyer would not have 
 purchased it, had he known of the vice. 
 Civil Law of Louis, art. 2496. 
 
 EEDHIBITOEY ACTION. In the civil 
 law. An action by the buyer of a thing 
 against the seller, to compel the latter to 
 take it back and return the price. Pothier, 
 Contr. of Sale, num. 203. Civ. Code of 
 Louis, art. 2512. 
 
 EEDHIBITOEY DEFECT (or VICE.) 
 In the civil law. A defect in an article 
 sold, for which the seller may be compelled 
 to take it back ; a defect against which the 
 seller is bound to warrant. Pothier, Contr. 
 of Sale, jinm. 203. 
 
 EEDIMEEE. Lat. In old English 
 law. To ransom ; to punish by a fine ; to 
 compel to pay a fine or ransom. Stat. 
 Westm. 2, c. 36. Cart, de Forest, c. 10. 
 
 EE-DISSEISIN. [L. Lat. re-disseisina.] 
 In old English law. A second disseisin of 
 a person of the same tenements, and by the 
 same disseisor, by whom he was before dis- 
 seised. 3 Bl. Com. 188. Fleta, lib. 4, c. 
 29. Called, in the statute of Marlbridge, 
 (c. 8,) a repeated disseisin, {iterata disseisi- 
 na.) 
 
 A writ which lay in such case, (breve de 
 redisseisina.) Meg. Grig. 206 b. 
 
 EEDITUS. Lat. [from redire, to return.] 
 In the civil law. A return; the fruit, 
 profit or income of a thing. Calv. Lex. 
 It is observed that it might also be written 
 redditus, and derived from reddere, to yield. 
 Id. ibid. See Bedditus. 
 
 In the common law. A rent; rents. 
 Blackstone translates it a compensation or 
 return, (which justifies the derivation from 
 redire, to return,) but he translates it also 
 a render, (which, requires the derivation 
 from reddere, to render.) 2 Bl. Com. 41. 
 This form of the word is apparently taken 
 from the civil law. See supra. For rea- 
 sons why the form redditus is preferred, 
 %&& Redditus. 
 
 Heditus albi. White rents, or blanch 
 farms. 2 Bl. Com. 42. See Blanch ferme. 
 
 Heditus capitales. Chief rents. Id. ibid. 
 See Chief rents. 
 
 Heditus nigri. Black rents or black 
 mail. Id. ibid. See Black rents. 
 
 Beditus quieti. Quit rents. Id. ibid. 
 See Quit rents. . 
 
 Beditus siccus. Eent seek. Id. ibid. 
 See Bent seek. 
 
 EEDOBATOEES. L. Lat. In old 
 English law. Eedubbers. Persons who 
 changed stolen clothes into a new form, 
 making out of a mantle a coat or overcoat, 
 (de mantello tunicam vel supertunicam fa- 
 cientibus.) Stat. Wallioe, 12 Edw. I. 
 Barr. Obs. Stat. 124. 
 
 EEDUBBOUES. L. Fr. [L. Lat. rerfo5a- 
 tores, q. v.] In old English law. Persons 
 who knowingly bought stolen clothes, and 
 changed them into another form ; (acha- 
 tauntz ascient dras embles, et les attirent en 
 auter forme.') Britt. c. 29. Cowell. 
 
 EEDUCE. In Scotch law. To rescind 
 or annul; to declare void judicially. See 
 Beduction. 
 
 EEDUCTION. In Scotch law. An 
 action brought for the purpose of rescind- 
 ing, annulling or cancelling some deed, 
 bond, contract or other instrument in writ- 
 ing. 1 Forbes' Inst, part 4, p. 158, 159. 
 See Beirs Bid. 
 
 EE-ENTEY. The resuming or retaking 
 a possession that one has lately foregone. 
 Cowell. Particularly applied to land. The 
 entry by a lessor upon the premises leased, 
 on failure of the tenant to pay the rent or 
 perform the covenants in the lease ; such 
 re-entry being made pursuant to a proviso 
 contained in the lease. 
 
REF 
 
 (395) 
 
 REF 
 
 REEVE, Beve, [from Sax. e/erefa, q. v.] 
 In old English law. A ministerial officer 
 appointed to execute process. Crabb's 
 Mist. 25. The shire-Jreeve answered to the 
 modern sheriff. Id. 1 Bl. Com. 116. 
 An officer appointed to collect taxes or 
 public dues. Spelman, voc. Orafio. 
 
 A chief officer or governor ; a superin- 
 tendent, {^prcefeetus, prcepositus.) A dis- 
 poser or director. Oo, lAtt. &1 b. See 
 Beve. 
 
 An officer of a court leet. 1 Crabb's 
 Beat Prop. 502, § 647. 
 
 RE-EXCHANGE. [Fr. rechauffe;. L. 
 Tjai. recambium.'] In commercial law. The 
 amount which the holder of a bill of ex- 
 change which has been protested for non- 
 payment, is entitled to receive from the 
 drawer or indorser, to indemnify him for its 
 non-payment, together with his necessary 
 expenses and interest.^ The amount for 
 which a bill of exchange drawn upon the 
 drawer or indorser of an unpaid bill can 
 be purchased by the holder, in the country 
 where the acceptance is made, to indemnify 
 him for its non-payment.* Story on Bills, 
 § 400. 
 
 Properly, the current rate of exchange 
 payable on a bill sore-drawn. See 3 Kent's 
 Com. 1 1 5, 1 1 6. According to Heineccius, 
 it includes all the damage or expenses to 
 which the holder is entitled, [damnum illud 
 omne repetitur sub nomine recambii.) Hei- 
 necc. de Camib. c. 4, § 45. 
 
 RE-EXTENT. In English practice. A 
 second extent made upon lands or tene- 
 ments, upon complaint made that the for- 
 mer extent was partiallyj)erformed. Cornell. 
 
 REFECTIO. Lat. [from rejieere, q. v.] 
 In civil and old English law. Repair; 
 reparation ; restoration ; as of a way, (fee. 
 Dig. 43. 19. 3. 16. Fleia, lib. 4, c. 27, 
 
 §1- 
 
 REFEREE. In practice. A person to 
 whom a cause pending in a court is referred 
 by the court, to take testimony, hear the 
 parties and report thereon to the court, and 
 upon whose report, if confirmed, judgment 
 is entered. 
 
 REFERENCE. In practice. The act 
 of a court in referring a cause or matter 
 pending before it to one or more referees, 
 to examine, take testimony and report to 
 the court. 
 
 REFERENDARIUS. L. Lat. In civil 
 and mediaeval law. An officer through 
 whom petitions to the emperor were pre- 
 sented, or to whom they were referred. 
 
 Nov. 10, 113, 124. Cod, 1. 50. 2. Calv. 
 Lex. Brissonius. Supposed to correspond 
 with the officer called "master of requests." 
 REFERENDARY. [L. Lat. referenda- 
 rius.] In Saxon law. A master of re- 
 quests ; an officer to whom petitions to the 
 king were referred. Spelman, voc. Befer- 
 
 REFERENDO SINGULA SINGU- 
 LIS. Lat. Referring individual or sepa- 
 rate words to separate subjects ; making a 
 distributive reference of words in an instru- 
 ment; construing distributively. Lord 
 Ellenborough, 11 Hast, 322. 2 Powell on 
 Devises, (by Jarman,) 112.. SeeBeddendo 
 singula singulis. 
 
 REFERRE. Lat. In old English law. 
 To refer. Referantur ad jusiiciarios rCros 
 de banco, et ihi terminentur ; they shall be 
 referred to our justices of the bench, and 
 shall there be determined. Mag. Cart. 9 
 Hen. III. c. 12. 
 
 REFFARE. L. Lat. [from Sax. rcefare, 
 to spoil] In old European law. To rob, 
 or rifle ; to plunder. L. Salic, tit. 29, § 6. 
 Spelman.. LL. Hen. I. c. 83. Cowell. 
 See Beif. 
 
 REFICERE. Lat. In the civil law. 
 To repair; to restore; to reduce a way 
 or road to the original form or state, [ad 
 pristinam, formam, reducere.) Dig- 43. 19. 
 3. 15. To restore a thing (as a trench or 
 water-course) to its former state, {in pristi- 
 num statum restaurare.) Id. 43. 21. 6. 
 Bracton adopts the word and its definition, 
 {in pristinum statum reformMre.) Bract. 
 fol. 233. See Fleta, lib. 4, c. 27, 8 11. 
 
 REFOIL, Bifoule. L. Fr. [L. Lat. 
 refullum^ A flowing out, or back; , Be- 
 foil de la mere ; ebbing of the sea. Kel- 
 ham. 
 
 REFORM. Literally, to form again ; to 
 correct or amend ; to treat as corrected or 
 amended. In equity jurisprudence, — rto 
 treat an instrument in which an error of 
 fact has been committed, as though such 
 error did not exist; to construe it accord- 
 ing to the original intent of the parties.* 
 Equity will re/brm. a contract where there 
 is a mistake of facts. 1 Story's Eq. Jut. 
 §§ 152, 166. 
 
 REFULLUM. L. Lat. In old English 
 law. A flowing back. Fleta, lib. 4, c. 27, 
 §4. 
 
 REFUTANTIA. L. Lat. In old re- 
 cords. An acquittance or acknowledg- 
 ment of renouncing all future claim. 
 Cowell. 
 
EEG 
 
 (396) 
 
 REG 
 
 REG. GEN. An abbreviation of Regula 
 Generalis. 6 East, 1. 
 
 REGALE. L. Lat. In old French law. 
 A payment made to the seigneur of a fief, 
 on the election of every bishop or other 
 ecclesiastical feudatory, corresponding with 
 the reUef paid by a lay feudatory. Steph. 
 Led. 235. 
 
 REGALIA. Lat. [regalis, royal, from 
 rea;, king.] In English law. Royal rights 
 or prerogatives. I Bl. Com. 241. The 
 word is used in feudal law. Feud. Lib. 
 2, tit. 56. 
 
 REGARD. L. Fr. Reference; rela- 
 tion. Kelham. 
 
 Respect. Id. 
 
 Reward ; fee ; a perquisite or allowance. 
 Id. 
 
 REGARD. [L. Lat. regardum, rewar- 
 dum, from L. Fr. regarder, to look to, or 
 look at.] In forest law. Inspection or 
 supervision of a forest. Manwood. Gowell. 
 See Regardum. 
 
 REGARDANT. L. Fr. and Eng. lu 
 old English law. A term applied to a vil- 
 lein who was annexed to the land. 2 Bl. 
 Com. 93. So called because he had the 
 charge to do all base or villeinous services 
 within the manor. Co. Litt. 120 a, b. 
 
 REGARDATOR. L.Lat. In old forest 
 law. A regarder, (q. v.) Regardatores 
 nostri eant per foresias ad faciendum re- 
 gardum ; our regarders shall go through 
 the forests to make regard. Cart, de 
 For. 9 Hen. III. c. 5. 
 
 REGARDER. [L. Lat. regardator, from 
 L. Fr. regardeur, an inspector.] In forest 
 law. An officer of the forest, appointed to 
 supervise all other ofiicers. Orompt. Jurisd. 
 153. Manwood. Gowell. 
 
 REGARDUM. L. Lat. In old forest 
 law. Regard ; inspection of a forest. Cart, 
 de For. 9 Hen. III. c. 5. Fleta, lib. 2, c. 
 41, §§1,6. 
 
 REGIA VIA. Lat. [L. Fr. real chy- 
 min.J In old English law. The royal 
 way; the king's highway. Co. Litt. 
 56 a. 
 
 REGIAM MAJESTATEM. Lat. The 
 most ancient treatise extant on the law of 
 Scotland, commonly supposed to have been 
 compiled by order of David I. but shown 
 by Lord Kames not to be older than the 
 reign of David IL Home's Brit. Ant. 
 Essay 1. It consists of four books, and 
 derives its title from the two words with 
 which it commences, like the Regiam po- 
 tesiatem of Glanville, and from this and 
 
 numerous other points of resemblance, it is 
 now generally admitted, even by Scotch 
 writers, to have been copied from Glan ville's 
 treatise. Dr. Robertson observes that "it 
 seems to be an imitation, and a servile one, 
 of Glanville." 1 Robertsori's Charles V. 
 Appendix, Note xxv. 1 Reeves' Hist. Eng, 
 Law, 225, 226. CrabUs Hist. 70, Tl. 1 
 Steph. Com. 83, note {I.) Sir Matthew 
 Hale, in his History of the Common Law, 
 (c. X.) goes into a comparison of the two 
 works. The Regiam Majestatem ' is still 
 quoted in the Scotch courts. See 3 BelVs 
 Appeal Cases, 131, 132. 2 Swinton's R. 
 409. Skene's Glossary De Verborum 
 Significatione is principally intended as 
 an interpreter of this work. 
 
 REGIDOR. Span. In Spanish-Ameri- 
 can law. A member of a municipal or 
 town council, {ayuntamiento.) 12 Peters^ 
 R. 442, note. The body of regidwes con- 
 stituted what was called the regimiento. 
 Id. ibid. 
 
 REGIMIENTO. Span. In Spanish 
 American law. The body of regidores, 
 composing a part of the ayuntamiento, or 
 municipal council of a town. 12 Peters^ 
 R. 442, note. 
 
 REGISTER. An ofiBcer authorized to 
 keep a public record, or charged with the 
 custody of records. In the city of New- 
 York, the register of deeds is an officer 
 whose duty it is to receive and record 
 deeds, mortgages, and other instruments, 
 and to preserve such records. In Pennsyl- 
 vania, a register is an officer charged with 
 probate of wills. Purdori's Dig. 187, et seq. 
 
 REGISTER. L. Fr. and Eng. [L. Lat. 
 registrum ; from O. Fr. gister, to lay, or 
 put in a place.] A repository; a place 
 where a thing is laid up, (locus quo quid 
 reponitur.) Spelman. 
 
 A book in which things are entered 
 or registered for their preservation.* Cow- 
 ell. 
 
 REGISTER, or REGISTER OF WRITS. 
 [L. Lat. Registrum Brevium.'] A cele- 
 brated collection, in Latin, of writs, original 
 and judicial, generally called, by way of 
 eminence; " The Register," and one of the 
 most ancient books of the common law. 
 Co. Litt. 73 b, 159 a. Lord Coke, indeed, 
 has pronounced it to be the oldest book in 
 the law, and considers it as a component 
 part of what he calls "the very body, and, 
 as it were, the very text of the common law 
 of England." 4 Inst. 140. 8 Co. pref. 
 Sir William Blackstone speaks of it as 
 
EEG 
 
 (397) 
 
 EEG 
 
 "that most ancient and highly venerable 
 collection of legal forms, the registrum 
 omnium brevium, or register of such writs 
 as are suable out of the king's courts." 
 3 £1. Com. 183. It is otherwise called 
 Registrum Cancellarim, (The Register of 
 Chancery,) and is supposed to have been 
 compiled by Eanulph de Hengham, chief 
 justice of the King's Bench in the reign of 
 Edward I. Crabb's Hist. 199. It con- 
 tains upwards of a thousand writs, adapted 
 to every variety of case or injury, generally 
 expressed with great brevity of language, 
 and so perfect in construction as to receive 
 from Blackstone the eulogy that " every 
 man who is injured will be sure to find a 
 method of relief exactly adapted to his own 
 case, described in the compass of a few 
 lines, and yet without the omission of any 
 material ciucumstance." 3 Bl. Com. ub. 
 sup. In confirmation of this remark, it 
 may be observed that the writs of trespass 
 (de transgressione) alone comprise upwards 
 of two hundred and fifty forms. It has, 
 however, been said by Lord Holt, that 
 "half the writs used in Westminster Hall 
 are not in the Eegister." 12 Mod. 645. 
 And Lord EUenborough observed, that 
 "there are a multitude of writs in daily 
 use and of unqualified legal validity and 
 effect, which are not inserted in that col- 
 lection." 9 Hast, 473. 
 
 The authority of the Register has always 
 been of the very highest kind, and under 
 the old system of remedy by writ, it Was 
 constantly referred to and regarded as the 
 standard of form, absolutely decisive where 
 any question of form was raised. Plowd. 
 125,228. See 1 Lerni, 169. It is called 
 in Plowden, " our Oalapine, that is, the 
 Eegister," probably with reference to the 
 author (Calepine) of a standard dictionary 
 oftbetime. Jrf. 125. It is now rarely referred 
 to, but is still valuable as a principal foun- 
 dation of the remedial law of England and 
 the United States. The purity of its Latin 
 is particularly commended by Lord Bacon. 
 Bac. Read. Uses, 
 
 EEGISTEE. In commercial law. A 
 name frequently given to the certificate of 
 registry of a vessel. 3 Kenfs Com. 146, 
 and note, /d 160. JacobserHs Sea Laws, 
 55. Properly, however, the register is the 
 original entry made at the custom house, 
 stating the time and place where the vessel 
 was built, and the other particulars required 
 by law, and of which the certificate of 
 registry is an abstract. Act of Congress, 
 
 31st Dec. 1792, sect. 3, 4, 9. 3 Kenfs 
 Com. 142, 143. 
 
 EEGISTEAE. An officer whose busi- 
 ness, is to write and keep a register. 
 
 In English law. An officer whose busi- 
 n.ess is to keep a register of births, mar- 
 riages and deaths, under the civil system of 
 registration lately established. 3 Steph. 
 Com. 349, 350. 
 
 EEGISTEY. In commercial law. The 
 registration of a vessel at the customhouse, 
 for the purpose of entitling her to the full 
 privileges of a British or American built 
 vessel. 3 Kent's Com. 139. Abbott on 
 Shipping, 58 — 96. 
 
 In coBveyancing. The entering on re- 
 cord of deeds, mortgages and other convey- 
 ances and instruments, in public offices ap- 
 pointed for the purpose, in order to give 
 them validity as against bona fide purchas- 
 ers and mortgagees. 4 Rents Com. 456 
 — 459. This practice may be traced as 
 far back as the time of Fleta. Flela, lib. 
 3, c. 14, § 13. 
 
 EEGLAMENTO. Span. In Spanish 
 colonial law. A written instruction given 
 by a competent authority, without the ob- 
 servance of any peculiar form. Schmidt's 
 Civ. Law, Introd. 93, note. 
 
 EEGRATER, Regrator. [L. Lat. regra- 
 tarius, from Fr. regrateur, a retailer or 
 huckster.] In old English and Scotch law. 
 A person who bought up corn [grain] or 
 other dead victual [provisions] in any mar- 
 ket, and sold it again in the same market, 
 or within four miles of the place. 4 Bl. 
 Com. 158. 4 Steph. Com. 291, note (m.) 
 2 Show. 52. Skene de Verb. Sign. 
 
 The more ancient sense of the word, 
 according to Spelman, was that of retailer, 
 [propola.) 
 
 EEGEATING. In old English law. 
 The offence of buying grain or provisions 
 in any market, and selling it again in the 
 same market, or within four miles of the 
 place.* 4: Bl. Com. 158. See Bell's Diet. 
 
 EEGEESS. [Lat. regressus, from re- 
 gredi, to go back.] A going back. Dyer, 
 31 b. Ingress, egress and regress, comprise 
 the rights of going or entering upon land, 
 going off it, and going back upon it. 
 
 EEGEESSUS. Lat. [from regredi, to 
 go back.] A going back; recourse; a 
 going back to a party for the purpose of 
 obtaining indemnity. Sine regressu ha- 
 bendo versus suum feoffatwem ; without 
 having recourse against his feoffor. Bract 
 fol. 179 b. Fleta, lib. 2, c. 64, § 17. 
 
REH 
 
 (398) 
 
 REJ 
 
 REGULA. Lat. In the civil law. A 
 rule. Regula est quce rem quae est, breviter 
 enairat ; that is a rule which briefly sets 
 forth the subject matter of it. Dig. 50. 
 17. 1. See Meta, lib. 2, c. 13, § 2. The 
 seventeenth and last title of the fiftieth 
 book of the Digests is entitled De Diver- 
 nis Megulis Juris Aniiqui, (Of divers 
 rules of the ancient law.) 
 
 REGULA. Lat. In practice. A rule ; 
 a rule of court. 
 
 Regula getieralis ; a general rule. A 
 standing nile or order of a court. Fre- 
 quently abbreviated, Reg. Gen. 
 
 REGULA CATONIANA. Lat. In 
 the Roman law. The rule of Cato. A 
 rule respecting the validity of dispositions 
 by will. See Dig. 34. 7. 
 
 REGULAR CLERGY. In old English 
 law. Monks who lived secundum regulas 
 (according to the rules) of their respective 
 houses or societies were so denominated, 
 in contradistinction to the parochial clergy 
 who performed their ministry in the world, 
 in seculo, and who from thence were called 
 secular clergy. 1 Chitt. Bl. Com. 387, 
 note. 
 
 REGULARITER. L. Lat. In old 
 English law. Regularly ; strictly ; accord- 
 ing to rule ; as a general rule. Bract, fol. 
 87 b. Regulariter non valet pactum de re 
 mea non alienanda ; regularly an agreement 
 not to alien my property is not valid. Co. 
 Litt. 223. 
 
 REGULUS. Lat. In Saxon law. A 
 title sometimes given to the earl or comes, 
 in old charters. Spelman. 
 
 REHABERE FACIAS SEISINAM. 
 L. Lat. (You cause to re-have seisin.) In 
 old practice. A writ which lay where a 
 sheriff had delivered seisin of a greater 
 part than he ought, commanding him to 
 re-deliver seisin of the excess.* Reg. Jud. 
 12 51 54. 
 
 REHABILITATE. [L. Lat. rehaUlitare, 
 from re, again, and habilitare, to enable, 
 from habilis, able.] In Scotch and French 
 criminal law. To restore to a former 
 capacity or ability.* To re-instate a crimi- 
 nal in his personal rights which he 'has 
 lost by a judicial sentence. Brande. In 
 Scotland, a pardon from the king is said to 
 re-habilitate a witness laboring under in- 
 famia juris. Id. 
 
 REHABILITATION. [L. Lat. rehabi- 
 litatio, from rehabilitare, to re-enable.] In 
 French and Scotch criminal law. The re- 
 instatement of a criminal in his personal 
 
 rights which he has lost by a judicial sen- 
 tence. Brande. 
 
 In old English law. A papal bull or 
 brief for re-enabling a spiritual person to 
 exercise his function, who was formerly 
 disabled ; or a restoring to a former cM.lity. 
 Cornell. 
 
 RE-HEARING. In equity practice. A 
 second hearing of a cause, for which a 
 party who is dissatisfied with the decree 
 entered on the former hearing ipay apply 
 by petition. 3 Bl. Com. 453. 4 Steiph, 
 Com. 31. 3 DanielVs Chanc. Pr. 1602. 
 
 REHERCER. L. Fr. To rehearse ; to 
 state or recite. Britt. c. 52. 
 
 REI. Lat. [plur. of rev^, q. v.] In the 
 civil law. In a special sense. Persons 
 from whom a thing is demanded, {ii unde 
 petitur.) Heinec. Elem. Jur. Civ. lib. 3, 
 tit. 17, § 841. Defendants. See Reus, 
 Favorabiliores rei, &c. 
 
 In a general sense. Parties to an action ; 
 litigating parties, {it quorum de re discepta- 
 tur) including both the actor and the reus 
 proper. Id. ibid. 
 
 Parties to a contract. Id. ibid. 
 
 REI. Lat. [gen. of res, q. v.] Of a 
 thing. See Res. 
 
 fiei tiirpis nullum mandatum est. The 
 mandate of an immoral thing is void. Dig. 
 17. 1. 6. 3. A contract of mandate re- 
 quiring an illegal or immoral act to be done, 
 has no legal obligation. Story on Bailm. 
 §158. 
 
 REI INTERVENTUS. Lat. In Scotch 
 law. A part performance of a contract. 2 
 BelVs Appeal Cases, 115. 
 
 REIF. Sc. [from Sax. rea/.] In old 
 Scotch law. Robbery. Skene ad Leg. 
 Alexandri R. c. 2, par. 2. Cowell. 
 
 RE-INSURANCE. See Re-assurance. 
 
 REISA. L. Lat. [from Sax. rcese, a 
 rush.] In old European law. A sudden 
 military expedition ; a sally, {procursus 
 militaris.) Spelman. 
 
 REJOIN. [L. Lat. rejungerei] In 
 pleading. To answer a plaintiff's replica- 
 tion in an action at lasv, by some matter 
 of fact. See Rejoinder. 
 
 REJOINING GRATIS. In English 
 practice. Rejoining voluntarily, or with- 
 out being required to do so by a rule to 
 rejoin. 10 Mees. tfc JF. 12. 
 
 REJOINDER. L. Fr. and Eng. [L. Lat. 
 ryunctio.^ In pleading. A defendant's 
 answer of fact to a plaintiff's replication. 
 Steph. PI. 58, 59. Co. Litt. 303 b. 3 
 Bl. Com. 310. Corresponding to the du- 
 
EEL 
 
 (399) 
 
 EEL 
 
 pUcatio of the civil law, and the triplicatio of 
 Bracton. Inst. i. 14.1. Bract. M. 400 h. 
 
 The term rejunctio, of which rejoinder 
 is a mere translation, seems to have been 
 invented by the modern civilians. Spiege- 
 lins, -who is cited by Cowell, defines it to 
 be " an allegation which is allowed a defen- 
 dant, to invalidate the plaintiff's replication, 
 and strengthen his own exception (or 
 plea.") Eejoinders were formerly common 
 in chancery pleading, but have long been 
 disused. WesCs Symboleog. part 2, tit. 
 Chancery, sect. 113, p. 232 b. 
 
 EELATIO. Lat. from referre, to carry 
 back.] In old Eng ish law. Eelation ; 
 reference ; a carrying back. See Relation. 
 Rdatio est fictio juris, et intenta ad unum. 
 Eelation is a fiction of law, and intended 
 for, or directed to one thing. 3 Co. 28 b, 
 Butler and Baker^s case. That is, it will 
 not be applied to a collateral matter. Id. 
 ibid. 
 
 Relatio semper fiat ut valeat dispositio. 
 Eeference [of a disposition made by will] 
 should always be made, so that the dispo- 
 sition may have effect. 6 Co. 76 b. Sir 
 George Cursonh case. 
 
 EELATION. [L. Lat. relatio, from 
 referre, to carry back.] The carrying 
 back of an act or proceeding to some past 
 or previous time or date, and giving it ope- 
 ration or validity from such time.* Thus 
 letters of administration in certain cases 
 take effect by relation, from the death of 
 the intestate. 1 Williams on Exec. 628. 
 So, a deed delivered as an escrow, and 
 subsequently delivered as a deed, will 
 sometimes be allowed to relate back to the 
 first delivery, so as to give it efiect from 
 that time. 4 Kents Com. 454. , So, at 
 common law, a judgment had effect by 
 relation, from the first day of the term of 
 which it was entered. 3 Bl. Com. 420. 
 1 Arch. Pr. 227. So, in England, the' 
 transfer of a bankrupt's property to the 
 assignees, operates, by a retrospective re- 
 lation, from the period when the trader 
 became bankrupt. 2 Steph. Com. 206, 207. 
 
 Eelation, as Lord Coke observes, is a 
 fiction of law ; the act or proceeding re- 
 lated being supposed to have taken place at 
 the previous time or date. " The doctrine 
 of relation back to a former period is a fic- 
 tion which is often indulged in advance- 
 ment of justice, to sustain legal proceed- 
 ings ; but it is never resorted to when the 
 result would be to deprive a party of a 
 clear legal right, or when it would work 
 
 manifest injustice." Chilton, J. 21 Ala- 
 bama E. 169, 176. 
 
 " EELATIONS," in a will, means per- 
 sons entitled according to the statute of 
 distributions. 4 Xenfs Com. 537, note. 
 It has long been settled, that a bequest to 
 relations applies to the person or persons 
 who would, by virtue of those statutes, 
 take the personal estate under an intes- 
 tacy, either as next of kin, or by represen- 
 tation of next of kin. 2 Jarman on Wills, 
 45, (33, Perkins' ed. 1849.) 
 
 EELATIVE FACT. In the law of evi- 
 dence. A fact having relation to another 
 fact ; a minor fact ; a circumstance. Burr. 
 Circ. Evid. 121, note [d.) 
 
 EELATIVE EIGHTS. Those rights 
 of persons which are incident to them as 
 members of society, and standing in vari- 
 ous relations to each other. 1 Bl, Com. 
 123. — Those rights of persons in private 
 life which arise from the civil and domes- 
 tic relations. 2 Kenfs Com. 1. 
 
 EELATOE. In practice. An informer; 
 a person in whose behalf certain writs are 
 issued, such as attachments for contempt, 
 writs of mandamus and informations in 
 the nature of a quo warranto, &c. 3 Bl. 
 Com. 264. See Id. 427. These are said 
 to be prosecuted on the relation (ex rela- 
 tione) of the person at whose instance they 
 are issued. See Ex relatione. 
 
 EELATEIX. L. Lat. and Eng. In prac- 
 tice. A female relator, or petitioner. 14 
 Peters' B. 500, 517. 
 
 EELAXAEE. L. Lat. In old convey- 
 ancing. To release. Relaxavi, relaxasse ; 
 have released. Litt. sect. 445. In Lam- 
 pet's case, (10 Co. 52 b) reference was 
 made to a case in 4 Edw. VI. where it 
 was said that laxare is properly to set pri- 
 soners in fetters at liberty, and relaxare is 
 to do it quickly ; and metaphorice, relax- 
 are is to set at liberty fettered estates and 
 interests, and to make them free and abso- 
 lute. 
 
 EELAXATIO. L. Lat. [from relaxare, 
 q. v.] In old conveyancing. A release; 
 an instrument by which a person relin- 
 quishes to another his right in any thing. 
 Yearb. P. 18 Hen. VL 9. Spelman. A 
 deed of release. See Release. 
 
 EELAXATION. In old Scotch prac- 
 tice. Letters passing the signet (q. v.) by 
 which a debtor was relaxed [released] from 
 the horn, that is, from personal diligence. 
 BeWs Bict. See Horning. 
 
 EELEASE. [L. Fr. reles, relesse, release, 
 
REL 
 
 (400) 
 
 REL 
 
 relais; L. Lat. relaxatio.^ In conveyanc- 
 ing. A relinquishment or renunciation of 
 some right or claim by one person, in 
 favor of another.* — The giving or dis- 
 charging of the right or action -which a 
 man hath, or may have or claim against 
 another man, or that which is his. Shep. 
 Touch. 320. 
 
 In a stricter sense — the conveyance of a 
 man's interest or right which he hath unto 
 a thing, to another that hath the posses- 
 sion thereof, or some estate therein. Id. 
 ibid. — A discharge or a conveyance of a 
 man's right in lands or tenements to an- 
 other that hath some former estate in pos- 
 session. 2 JBl. Com. 324. — The relin- 
 quishment of a right or interest in lands 
 or tenements, to another who has an estate 
 in possession in the same' lands or tene- 
 ments. WatMns on Conv. 213. — A con- 
 veyance of an ulterior interest in lands or 
 tenements to a particular tenant, or of an 
 undivided share to a co-tenant, (the reles- 
 see being in either case in privity of estate 
 with the relessor,) or of the right, to a per- 
 son wrongfully in possession. 1 Steph. 
 Com. 4'79. The various tinds of release 
 recognised in England are enumerated 
 infra. 
 
 In the United States, the technical prin- 
 ciples relating to a release seem to be 
 wholly, or in great measure, inapplicable. 
 The conveyance corresponding with a re- 
 lease at common law is with us a quit- 
 claim deed, (q. v.) 2 Hilliard's Real 
 Prop. 302, [316.1 
 
 RELEASE BY WAY OF ENLARG- 
 ING AN ESTATE, (or enlarger Vestate.) 
 A conveyance of the ulterior interest in 
 lands to the particular tenant. As if there 
 be tenant for life or years, remainder to 
 another in fee, and he in remainder re- 
 leases all his right to the particular tenant 
 and his heirs, this gives him the estate in^ 
 fee. 1 Steph. Com. 480. 2 Bl. Com. 
 324. 
 
 RELEASE BY WAY OF PASSING 
 AN ESTATE, (or mitter Vestate.) As 
 where one of two co-parceners releases all 
 her right to the other, this passes the fee 
 simple of the whole. 2 Bl. Com. 324, 
 325. 
 
 RELEASE BY WAY OF PASSING 
 A RIGHT, (or mitter le droit.) As if a 
 man be disseised and releaseth to his dis- 
 seisor all his right, hereby the disseisor 
 acquires a new right, which changes the 
 quality of his estate, and renders that law- 
 
 ful which before was tortious or wrongful. 
 2 Bl. Cam. 325. 
 
 RELEASE BY WAY OF EXTIN- 
 GUISHMENT. As if my tenant for life 
 makes a lease to A. for life, remainder to 
 B. and his heirs, and I release to A. this 
 extinguishes my right to the reversion, 
 and shall enure to the advantage of B.'s 
 remainder, as well as of A.'s particular 
 estate. 2 Bl. Com. 325. 
 
 RELEASE BY WAY OF ENTRY 
 AND FEOFFMENT. As if_ there be 
 two joint disseisors, and the disseisee re- 
 leases to one of them, he shall be sole 
 seised, and shall keep out his former com- 
 panion ; which is the same in effect as if 
 the disseisee had entered and thereby put 
 an end to the disseisin, and afterwards had 
 enfeoffed one of the disseisors in fee, 2 
 Bl. Com. 325. 
 
 RELEASE. An instrument whereby a 
 party, having a right of action as creditor 
 or otherwise; formally remits the same, 
 and thus estops himself from again setting 
 up his claim. Pulling on Merc. Accounts, 
 18. Having this operation, a release 
 should always be in the form of a deed 
 under seal, and contain a plain and dis- 
 tinct remission of the claim to which it 
 relates. Id. ibid. 
 
 A release under seal, although reciting 
 only a nominal consideration, extinguishes 
 the debt to which it relates. 5 Duer's 
 (N. Y.) R. 294. There is a wide distinc- 
 tion between a release and a receipt. The 
 first, by its own operation, extinguishes a 
 pre-existing right, and therefore cannot be 
 contradicted or explained by parol; the 
 second has never the effect of destroying a 
 subsisting right, but is merely evidence of 
 a fact — the fact of payment, and, therefore, 
 like all other facts given in evidence, may 
 be refuted or explained. Oakley, C. J. 
 Id. ibid, citing 16 WendelPs R. 474. See 
 All, Demand. 
 
 RELEFE, Relef. L. Fr. [from relever, 
 q. v.] Relief; an incident of feudal ten- 
 ure. Britt. c. 69. 
 
 RELEGATIO. Lat. [from relegare, to 
 send away, to banish.] In the civil law. 
 Banishment without the loss of civil 
 rights. Calv. Lex. Inst. 1. 12. 2. Big. 
 48.22. It was, by this circumstance, chief- 
 ly distinguished from deportatio, (q. v.) 
 Some have supposed a further distinction 
 to be, that deportatio was for life, and rele- 
 gatio for years. But this was not always 
 the case. Calv. Lex. 
 
EEL 
 
 (401) 
 
 REL 
 
 RELEGATION, [from Lat. relegatio, 
 q. v.] In old English law. Banishment 
 for a time only. Co. Litt. 133. 
 
 RELEVAMEN. L. Lat. [from relevare, 
 to lift up.] In old English law. Relief; 
 one of the incidents of the feudal tenure. 
 Lib. Rames. sect. 310. Spelman. In 
 Domesday, it is called relevamentum ; in 
 the laws of Edward tte Confessor, releva- 
 tio; in Magna Charta, and generally in old 
 English and Scotch law, reUvium. jDomesd. 
 titt. Berocscire, Walingford. LL. Edw. 
 Conf. c. 35. See Relevium. 
 
 RELEVANCY. In practice. The qual- 
 ity of being relevant or applicable. A 
 term applied to evidence. 
 
 RELEVANT. In the law of evidence. 
 Having relation ; applicable. Relevant evi- 
 dence is evidence applicable to the issue. 
 
 RELEVER. L. Fr. To relieve ; to pay 
 a relief, (relefe.) Britt. c. 69. 
 
 RELEVIUM. L. Lat. [from L. Fr. re- 
 lever, to raise or lift again!] In old Eng- 
 lish and Scotch law. Relief; one of the 
 incidents of the feudal tenure. Glanv. 
 lib. 9, c. 4. Bract, fol. 84. Magna Charta, 
 c. 3. Spelman, voc. Relevamen. LL. Mal- 
 colm. II. c. 1. Hcereditas qux jacens fue- 
 rit per eorum defiessum, relevetur in manus 
 hcer\ et propter talem relevation em /ac««»(f a 
 erit ab hcer' qucedam prmstatio quae dicitur 
 relevium ; the inheritance which was fallen 
 in by their decease, shall be taken up into 
 the hands of the heir, and for such taking 
 up, a payment shall be made by the heir, 
 which is called a relief. Fleta, lib. 3, 
 c. IV, § 1. 
 
 EELICTA. Lat. (Being relinquished.) 
 In practice. The confession of the plain- 
 tiff's action by a defendant, after plea 
 pleaded. A species of cognovit, (q. v.) se 
 called from the emphatic words of the old 
 Latin form, the defendant relinquishing or 
 withdrawing his plea, {relicta verificatione.) 
 1 Tidd's Pr. 559. 
 
 RELICTION. [Lat. relictio, from relin- 
 quere, to leave.] A leaving ; a leaving dry. 
 Recess of the sea, by which land formerly 
 covered with water is left dry. Hale de 
 Jur. Maris, pars 1, c. 4. Schultes on 
 Aquatic Rights, 121, 12Y. Angell on 
 Water-Courses, § 57. Angell on Tide- 
 Waters, 264. 
 
 RELIEF, [from L. Fr. relefe, relef, from 
 relever, to lift or raise again ; L. Lat. rele- 
 vium, relevatio, relevamen, relevamentum, 
 introitus.l In old English and Scotch law. 
 A sum of money paid by the heir of a 
 Vol. XL 26 
 
 deceased tenant, by way of fine or compo- 
 sition with the lord for taking up (or, in 
 the ancient sense of the word, relieving, 
 propter relevationem) the estate, which was 
 lapsed or fallen in, (quce jacens fuit,) by 
 the death of the last tenant.* 2 Bl. Com. 
 65. Bract, fol. 84. Fleta, lib. 3, c. IT. 
 Co. Litt. 76 a. Wright on Ten. 97. A 
 principal and very oppressive incident of 
 the feudal tenure. The idea of a fallen 
 estate is clearly derived from the hcereditai 
 jacens of the civil law ; and a payment in 
 the nature of a relief seems to have been 
 tnown to that law, under the name of in- 
 troitus. Fleta, lib. 3, c. 17, § 1. Calv. 
 Lex. 
 
 Britton uses the verb relever. Volons 
 nous mye que ascun tenaunt soil tenu a re- 
 lever sa terre plus de une foits en sa vie; 
 we will not that any tenant be bound to 
 relieve his land more than once in his life. 
 Britt. c. 69. But the corresponding Eng- 
 lish word relieve seems never to have been 
 adopted. 
 
 EELIGIOIJS MEN. [Lat. religiosi.] 
 In old English law. Such as entered into 
 a monastery or convent, there to live de- 
 voutly. Cowell. Clauses were frequently 
 inserted in ancient deeds of sale of land, 
 restraining the vendee from giving or alien- 
 ating it to religious persons or Jews, to the 
 end that the land might not fall into mort- 
 main. Id. 
 
 RELIQUA. Lat. In the civil law. 
 The balance or arrears of an account. 
 Spelman. Money left unpaid. 
 
 RELIQUARE. L. Lat. [from reliqua, 
 q. v.] In old exchequer practice. To 
 owe a balance of account. Skene de Verb. 
 Sign. voc. Scaccarium. 
 
 RELIQUL Lat. Inthe civil law. The 
 rest. Held to signify "all," (universos, 
 omnes.) Big. 50. 16. 95, 160. 
 
 RELIVERER. L. Fr. To re-deliver. 
 Kelham. 
 
 RELOCATIO. Lat. [from re, again, 
 and locatio, a letting.] In the civil law. 
 A re-letting. Heinecc. Elem. Jur. Civ. lib 
 3, tit. 25, § 926. 
 
 Relocatio tacita ; a tacit or implied re- 
 letting, as in case of holding over after ex- 
 piration of the term. Id. Closely trans- 
 lated in Scotch law, tacit relocation. BelVs 
 Diet. 
 
 EEMdomino vel non domino vendente duobus 
 In jure est potior venditione prior. 
 
 Where one, whether owner or not owner, 
 sells a thing to two persons, the party who 
 
REM 
 
 (402) 
 
 REM 
 
 is first sold to, has the better right. A 
 Latm couplet quoted in Fleta. Lib. 3, c. 
 IS, § 8. ^ 
 
 REMAINDER. [L. Lat. remanmtia, 
 remanere.} A residue of an estate in land, 
 depending upon a particular estate, and 
 created together with it. Co. Litt. 49 a. 
 Id. 143 a. — An estate limited to take effect 
 and be enjoyed after another estate is de- 
 termined. As if a man seised in fee simple 
 grant lands to A. for twenty years, and 
 after the determination of the said term, 
 then to B. and his heirs forever ; here A. 
 is tenant for years, remainder to B. in fee. 
 2 Bl. Com. 163, 164.— A remnant of an 
 estate in land, depending upon a particular 
 prior estate, created at the same time, and 
 by the same instrument, and limited to arise 
 immediately on the determination of that 
 estate, and not in abridgment of it. 4 
 Kents Com. ig'Z. — An estate limited to 
 commence in possession at a future day, 
 on the determination by lapse of time or 
 otherwise, of a precedent estate, created 
 at the same time. 1 N. Y. Rev. St. 
 [723,] 718, §§ 10, 11. See Estate in re- 
 
 REMAINDER-MAN. One who is en- 
 titled to a remainder. 
 
 REMALLARE. L. Lat. [from re, again, 
 and mallare, to summon.] In old Euro- 
 pean law. To summon to court a second 
 time; to re-summon. Formul. Solen. 124. 
 Spdman. 
 
 REMAND. [L. Lat. remandare ; L. 
 Fr. remaunderi\ To send back; to re- 
 commit. Where a party brought up on 
 habeas corpus is sent back without obtain- 
 ing the benefit of the writ, he is said to be 
 remanded. 2 Kenfs Com. 30. 
 
 REMANENTIA. L. Lat. [from J-ema- 
 nere, q. v.] In old English law. A re- 
 mainder. Spelman. 
 
 A perpetuity, or perpetual estate, {pro 
 perpetuo.) Olanv. lib. Y, c. 1. Bract, fol. 
 244. Beg. Maj. lib. 2, c. 23. 
 
 REMANERE. Lat. In old English 
 practice. To remain ; to stop or stay ; to 
 demur, in the old sense of the word. Pri- 
 mo queratur a tenente si aliquid velit vel 
 sciat dicere quare assisa deb'eat remanere; 
 it first should be inquired of the' tenant if 
 he will or know to say any thing why the 
 assise should stay ; [that is, why it should 
 not proceed.] Bract, fol. 184 b. JSTon 
 propter minorem mtatem petentium remane- 
 bit assisa ; the assise shall not stay on ac- 
 count of the non-age of the demandants. 
 
 Id. fol. 276. Hence the term remanet, in 
 modem practice. 
 
 REMANERE. L.Lat. In old English 
 law. A remainder. Co. Litt. 49 a. 2 
 Co. 51 a, Cholmley's case. 
 
 REMANET. L.Lat. (It remains.) In 
 English practice. The postponement of a 
 trial. When a cause is postponed, it is 
 said to be made a remanet. 2 Tidd's Pr. 
 758. 
 
 REMATJNDER. L. Fr. To send back; 
 to remand. Kelham. 
 
 REMEDIAL STATUTE. A statute 
 providing a remedy for an injury, as distin- 
 guished from a penal statute. A statute 
 giving a party a mode of remedy for a 
 wrong, where he had none, or a different 
 one, before. 1 Chitt. Bl. Com. 86, 87, 
 notes. 
 
 Remedial statutes are those which are 
 made to supply such defects, and abridge 
 such superfluities, in the common law, as 
 arise either from the general imperfection 
 of all. human laws, from change of time and 
 circumstances, from the mistakes and un- 
 advised determinations of unlearned (or 
 even learned) judges, or from any other 
 cause whatsoever. 1 Bl. Com. 86. 
 
 REMEMBRANCERS. .In English law. 
 Officers of the exchequer, whose principal 
 duty is to put the judges of that court in 
 remembrance of such things as are to be 
 called on, and dealt in for the king's bene- 
 fit. Cowell. Stat. 3 & 4 Will. IV. c. 99. 
 
 REMENAUNT. L. Fr. Remaining; 
 to come after ; remainder. A remenaunt ; 
 for ever after. Kelham. 
 
 REMISE. To remit or give up. A 
 formal word in deeds of release and quit- 
 claim. Litt. sect. 445. Co. Litt. 264 b. 
 
 "REMISE, RELEASE AND QUIT- 
 CLAIM," in a deed to one not in posses- 
 sion, when an intent to convey the estate 
 of the grantors is recited, and a pecuniary 
 consideration appears, are effectual as words 
 of bargain and sale. 2 Selden's R. 422. 
 
 REMISE, Remys. L. Fr. Remised; 
 released. Kelham. 
 
 REMISI, REMISISSE. L.Lat. In old 
 conveyancing. Formal words in deeds of 
 release. Remisisse, relaxasse et quietum 
 clamasse ; have remised, released and quit- 
 claimed. Litt. sect. 445. 
 
 REMIT. [Lat. remitter e, q. V.I Literally, 
 to send back. To send or transmit ; as to 
 remit money. 
 
 To give up ; to relinquish ; as to remit a 
 fine. 
 
REM 
 
 (403) 
 
 EEN 
 
 REMITTER, [from Lat. remittere, to 
 send back.] The sending back of a person 
 to a title lie had before.* Remitter is 
 where he who has the true property, or 
 jus proprietatis in lands, but is out of 
 possession thereof, and has no right to en- 
 ter without recovering possession in an ac- 
 tion, has afterwards the freehold cast upon 
 him by some subsequent, and of course de- 
 fective title ; in this case he is remitted, or 
 sent back by operation of law, to his ancient 
 and more certain title. The right of entry 
 which he has gained by a bad title, shall 
 be ipso facto annexed to his own inherent 
 good one ; and his defeasible estate shall 
 be utterly defeated and annulled by the in- 
 stantaneous act of law, without his partici- 
 pation or consent. 3 Bl. Com. 19. See 
 2 HilliaroCs Real Prop. 152, [156.] 
 
 Littleton calls remitter "an ancient term 
 in the law," and defines it to be " where a 
 man hath two titles to lands or tenements, 
 viz: one, a more ancient title, and another, 
 a more latter title, (title pluis darrein ;) and 
 if he come to the land by a latter title, yet 
 the law will adjudge him in by force of the 
 elder title, because the elder title is the 
 more sure and more worthy title." Idtt. 
 sect. 659. 
 
 REMITTERE. Lat. [from re, again, 
 and mittere, to send.] In old English prac- 
 tice. To send back ; to give up or relin- 
 quish ; to remise or release. Postea jus 
 suum remisit, et quietum clamavit ; after- 
 wards remised and quit-claimed his right. 
 Bract, fol. 313 b. See Remise, Remisi. 
 
 To remand on habeas corpus. 3 How. St. 
 Trials, 161. 
 
 REMITTITUR. Lat. (Is sent back, or 
 remitted.) In practice. A sending back 
 (of a record.) See infra. 
 
 A relinquishment (of damages.) See 
 Remittitur damna. 
 
 REMITTITUR DAMNA. Lat. In 
 practice. An entry made on record, in 
 cases where a jury has given greater dama- 
 ges than a plaintiff has declared for, remit- 
 ting the excess. 2 Tidd's Pr. 896. 
 
 REMITTITUR OF RECORD. In prac- 
 tice. The sending back of a record pr 
 transcript from a superior to an inferior 
 court, for the purpose of issuing execution. 
 2 Tidd's Pr.\\S5. 2 Burr. Pr. 150. 
 
 Remoto impsdimento, emergit actio. The 
 impediment being removed, the action rises. 
 When a bar to an action is removed, the 
 action rises up into its original efficacy. 
 Shep. Touch, (by Preston,) 150. 
 
 REMOTUM. Lat. Removed; remote. 
 Id quod est magis leinatum non trahit ad se 
 quod est magis junctum, sed e contraiio ia 
 omni casu. That which is more remote 
 does not draw to itself that which is more 
 near, but the reverse, in every case. Co. 
 lAtt. 164 a. 
 
 REMOUNTER. L. Fr. To go up 
 again. Et eel droit descent ascune foiiz, 
 ausi come chose pesaunte, et ascune foits re- 
 mounte ; and this right descends sometimes, 
 like a thing falling, and sometimes goes up 
 again. Britt. c. 118. 
 
 REMOVE. "One removes when he 
 changes his domicil. The word does not 
 mean simply going out of or leaving a 
 country." Pearson, J. 3 Jones' Law R. 
 93. 
 
 REMUE. L. Fr. [from Lat. remotum.] 
 Removed. Si le brefe soit remue. Britt. 
 c. 46. 
 
 Remote, or distant. Le procheyn forclost 
 Z'remue, et Z'remue, Vplus remue ; the 
 nearer forecloses the remote, and the re- 
 mote the more remote. Id. c. 119. As- 
 cuns remues, et ascuns plus remues. Id. c. 
 118. 
 
 REN, Rein, Rens. L. Fr. Any thing ; 
 nothing. Kelham. 
 
 RENABLE. L. Fr. Reasonable. De 
 renable partie ; of reasonable part. Britt. 
 c. Vy. Renables estovers. Yearh. M. 8 
 Edw. in. 2. 
 
 RENDER, Rendre. L. Fr. To give or 
 yield ; to pay or perform ; to return. Used 
 also as a substantive, as in the phrase " to 
 lie in render ;" to consist in being rendered, 
 paid or yielded. See To lie in. 
 
 To RENDER. [L. Lat. reddere.] In 
 practice. To give up ; to surrender. 1 
 Arch. Pr. 311. 
 
 RENDERING. [L. Lat. reddendo.] A 
 term in conveyancing, expressive of the 
 reservation of a rent. See Doing. 
 
 RENEEZ. In old records. A rene- 
 gade ; an apostate from Christianity to 
 Mahometanism. Hoveden in Ric. I. sub. 
 an. 1192. Spelman. 
 
 RENOUNCE, [from Lat. renunciare.] 
 To give up a right. 
 
 To refuse to assume a duty. See Re- 
 nouncing probate. 
 
 To disclaim or cast off an obligation, as 
 to renounce one's allegiance. 
 
 RENOUNCING PROBATE. In Eng- 
 lish practice. Refusing to take upon one's 
 self the office of executor or executrix. 
 Refusing to take out probate under a will 
 
KEN 
 
 (404) 
 
 REP 
 
 wLerein one has been appointed executor 
 or executrix. Holtkouse. 1 Williams on 
 Exec. 230, 231. 
 
 RENOVARE. Lat. In old English 
 law. To renew. Annuatim renovare ; to 
 renew annually. A phrase applied to pro- 
 fits which are taken and the product re- 
 newed again. Amhl. 131. 
 
 RENT. L. Fr. and Eng. [L. Fr. rente, 
 from rendre, to render, yield, give or pay ; 
 L. Lat. redditus, reditus, qq. v.] A certain 
 profit issuing yearly out of lands and tene- 
 ments corporeal ; a species of incorporeal 
 hereditament. 2 Bl. Com. 41. — ^A com- 
 pensation or return yielded periodically, 
 to a certain amount, out of the profits of 
 some corporeal hereditaments, by the ten- 
 ant thereof. 2 Steph. Com. 33. — A cer- 
 tain yearly profit in money, provisions, 
 chattels or labor, issuing out of lands and 
 tenements, in retribution for the use. 3 
 Kent's Com. 460. See 2 Penn. St. (Barr's) 
 B. 292, Kennedy, J. 
 
 Rent, or rente, (as it was formerly some- 
 times written,) is a purely French word, 
 framed from rendre, on the analogy of the 
 Lat. redditus, from reddere, and radically 
 importing a thing rendered. See Rente. 
 
 RENT CHARGE. A rent reserved on 
 a conveyance of land in fee simple, or 
 granted out of lands by deed; so called 
 because by a covenant or clause in the 
 deed of conveyance, the land is charged 
 with a distress for the payment of it.* 
 Co. Lift. 143 b. 2 £1. Com. 42. A rent 
 with liberty to distrain. Finch's Law, b. 
 ch. 7. Otherwise called a fee-farm rent. 
 2 £1. Com. 43. 3 Kent's Com. 461. 1 
 miliard's Real Frop. 238, [231.] 
 
 RENT SECK. [L. Lat. redditus sic- 
 CMS.] Barren rent ; a rent reserved by 
 deed, but without any clause of distress. 
 2 £1. Com. 42. 3 Kent's Com. 461. A 
 rent without liberty to distrain. Finch's 
 Law, h. 2, c. 8. 
 
 RENT SERVICE. In English law. 
 Rent reserved out of land held by fealty 
 or other corporeal service ; and so called 
 from such service being incident to it.* 2 
 £1. Com. 41, 42. 3 Kent's Com. 461. 1 
 Hilliard's Real Prop. 238, [231.] 
 
 RENTE. L. Fr. In old English law. 
 Rent. Si la dette soil issuaunte de 
 ascun tenement come annule rente due, &c. ; 
 if the debt be issuing out of any tenement, 
 as an annual rent due, &c. £ritt. c. 28. 
 Si pleynte soit fait de rente. Id. c. 46. 
 Que ad done rente en fee, ou a termede vie; 
 
 who hath given a rent in fee, or for term 
 of life. Id. ibid. Rente de chambre ; 
 a rent from the coffer ; an annuity, {reddi- 
 tus de camera.) Id. c. 68. Terre ou rente. 
 Id. c. 79. See Id. c. 81. 
 
 RENTE. L. Fr. Fined. Stat. Westm. 
 1, c. 13. Kt si ul le face, soit grevement 
 rente ; and if any do so, he shall be griev- 
 ously fined. Id. c, 16. 
 
 RENTAL. (Said to be corrupted from 
 rent-roll.) In English law. A roll on 
 which the rents of a manor are registered 
 or set down, and by which the lord's baU- 
 iflF collects the same. It contains the lands 
 and tenements let to each tenant, the names 
 of the tenants, and other particulars. Cun- 
 ningham. Holthouse. 10 East, 206. 
 
 "RENTS," in a devise, wiU pass land 
 itself. Cro. Jac. 104. 
 
 •'RENTS AND PROFITS" will pass 
 the estate itself. 1 Meriv. 213, 232, 233. 
 2 Ves. & £. 65. 8 Howard's R. 25, 
 arg. 
 
 "RENTS, ISSUES AND PROFITS" 
 more commonly signify in the books a 
 chattel real interest in land ; a kind of es- 
 tate growing out of the land, for life or 
 years, producing an annual or other rent. 
 Redfield, C. J. 26 Vermont R. 741, 746. 
 
 RE-OUSTER. L. Fr. To oust again, or 
 in return. Tearb. T. 10 Edw. III. 27. 
 
 REPARATIONE FACIENDA, £reve 
 De. L. Lat. (Writ for making repair.) 
 In eld English practice. The name of a 
 writ which lay to compel the repairing of 
 a house, mill, bridge, &c. F. JV. £. 121 
 A. Reg. Orig. 153 .b. 
 
 REPEAL. The abrogation or annulling 
 of a statute by a subsequent one. 
 
 To REPEAL. [L. Fr. repealer, repeller, 
 re-appeler ; to call back.] To annul a 
 law or statute by a subsequent one ; lite- 
 rally, to revoke or recall it. See Repealer, 
 Repeler. 
 
 REPEALER. L. Fr. To repeal or re- 
 voke. Be repealer, et de ennoyter, et de 
 amender ; to revoke, and to annul, and to 
 amend. £ritt. fol. 1. 
 
 REPELLER. L.Fr. To demand back. 
 Ne purra mie repeler, we reaver ; may not 
 demand back nor have back. £ritt. c. 93. 
 
 Repellitur a sacramento infamis. An in- 
 famous person is repelled from an oath ; 
 is thrust back from taking an oath, or not 
 allowed to be sworn as a witness. £ract. 
 fol. 185. Co. Litt. 158 a. A leading 
 maxim in the law of evidence, very recent- 
 ly abrogated in England by the statute 
 
EEP 
 
 (405) 
 
 REP 
 
 called Lord Denman's Act, 6 & 1 Vict. c. 
 85. Best on JEoid. 163, § 129. 
 
 In Fleta, the maxim is applied to jurors. 
 Fleta, lib. 4, c. 8, 8 2. 
 
 REPENTER. L. Fr. To ctange one's 
 mind ; to repent. Mes ne se purrount re- 
 penter ne retrere ; but they may not repent 
 nor draw back Britt. c. 120. 
 
 REPETITION. [Lat. repetitio, from 
 repetere, to demand back.] In the civil 
 law. The recovery back of money paid 
 under a mistake of law. 1 Storyh Eq. 
 Jur. § 111, note. 
 
 REPETITUM NAMIUM. L. Lat. In 
 old English practice. A repeated, second 
 or reciprocal distress ; withernam. 3 Bl. 
 Com. 148. 
 
 REPETUNDARUM CRIMEN". Lat. 
 In the Roman law. The crime of bribery 
 or extortion in a magistrate, or person in 
 any public office. Galv. Lex. RalUfax, 
 Anal. b. 3, c. 12, num. 73. Dig. 48. 11. 
 Cod. 9. 27. 
 
 REPLEADER. In practice. To plead 
 again ; to plead over again. A pleading 
 over again. This is sometimes allowed by 
 the court, on motion, in cases where, by 
 the misconduct or inadvertence of the 
 pleaders, issue has been joined on a fact 
 totally immaterial or insufficient to deter- 
 mine the right, so that the court, upon the 
 finding of the jury, cannot know for whom 
 judgment ought to be given. As if, in an 
 action on the case in assumpsit against an 
 executor, he pleads that he himself, instead 
 of the testator, made no such promise ; or 
 if, in an action of debt on bond condition- 
 ed to pay ten pounds ten shillings on a 
 certain day, the defendant pleads payment 
 of ten pounds, — in such cases the court 
 will, after a verdict, award a repleader, 
 {^quod partes replacitent;) the effect of which 
 is, that the pleadings must begin de novo, 
 at that stage of them, whether it be the 
 plea, replication or rejoinder, <fec. wherein 
 there appears to have been the first defect 
 or deviation from the regular course. 3 
 Steph. Com. 630. 3 Bl. Com. 395. 
 
 REPLEDER. L. Fr. In old practice. 
 To replead. Repledes si vous voulez ; re- 
 plead, if you will. Yearh. P. 3 Hen. 
 VI. 4. 
 
 REPLEGIARE. L. Lat. In old Eng- 
 lish and Scotch practice. To take back a 
 pledge ; to replevy. 3 Bl. Com. 1 3. Soot- 
 tice, to replege. Skene de Verb. Sign. 
 
 To take back on pledge, or surety.* To 
 redeem a thing detained or taken by an- 
 
 other, by putting in legal sureties. Cow- 
 ell. 
 
 To replevy a man. See De homine re- 
 plegiando. A writ for this purpose. Fleta, 
 lib. 2, c. 70, § 14. Otherwise written 
 replegiari. Id. ibid. 
 
 An action or writ of replevin. lAtt. 
 sect. 219. Fn replegiare port per ; in re- 
 plevin brought by. Dyer, 1 b. 
 
 REPLEGIARE DE AVERIIS. L. Lat. 
 In old English practice. Replevin of cat- 
 tle. A writ brought by one whose cattle 
 were distrained, or put in the pound, upon 
 any cause by another, upon surety given 
 to the sheriff to prosecute or answer the 
 action in law. Cowell. F. N. B. 68 D. 
 Reg. Orig. 81. 
 
 REPLEGIARI FACIAS. L. Lat. (You 
 cause to be replevied.) In old English 
 law. The original writ in the action of 
 replevin ; superseded by the statute of Marl- 
 bridge, c. 21. 3 Bl. Com. 146. 
 
 REPLEVER. L. Fr. In old English 
 law. To replevy. Si le tenaunt face re- 
 plever la distresse ; if the tenant cause the 
 distress to be replevied. Britt. c. 68. 
 
 REPLEVIABLE. That may be reple- 
 vied, or taken' back on pledge. See Re- 
 plevisable. 
 
 REPLEVIN. [L. Lat. replevina, from 
 L. Fr. repliver, q. v.] In practice. A 
 personal action which lies to recover pos- 
 session of goods wrongfully taken. It 
 was originally the peculiar remedy in cases 
 of wrongful distress, but may now be 
 brought in all cases of unlawful taking. 
 3 Bl. Com. 13, 146. 1 Arch. N. Prius, 
 466. In New-York, it is allowed in cases 
 of wrongful detention also. 2 R. St. [522,] 
 430, § 1. It is the proper form of action 
 to recover the specific thing taken, and is 
 the regular mode of contesting the validity 
 of the taking ; the plaintiff being bound 
 by sureties to prosecute the suit with effect, 
 and to return the goods if return thereof 
 be adjudged. See United States Digest, 
 Replevin. 
 
 Replevin is said to have originally meant 
 a re-delivery of the pledge, or thing taken 
 in distress, to the owner, upon his giving 
 security to try the right of the distress. 
 3 Bl. Com. 13, 146. But its radical mean- 
 ing, (as expressed by replevir, (q. v.) its 
 probable root,) seems to have rather been, 
 a re-delivery on pledge ; and this supposi- 
 tion is confirmed by its ancient use in the 
 sense of bail. See infra. 
 
 REPLEVIN. L. Fr. [from replevir, 
 
REP 
 
 (406) 
 
 REP 
 
 q. V.J In old Englisli law. Bail ; delivery 
 of a person on pledges or sureties. Stat. 
 
 W^ fistvn, 1 c 15 
 
 REPLEVIR.' L. Fr. In old English 
 law. To take back on pledge ; to replevy, 
 Britt. c. 20. Applied to land. Fet As- 
 saver, §§ 24, 25. 
 
 To let go, on bail. Et les plevissahles 
 jesques mesme le temps replevir ; and those 
 that are bailable to deliver on bail until the 
 same time. Britt. c. 29. 
 
 REPLEVISABLE, Beplevissable, Ple- 
 vissahle. L. Fr. Bailable. Britt. c. 29. 
 Stat. Westm. 1, c. 15. 
 
 REPLEVISH. In old English law. 
 To let one to mainprise upon surety. Cow- 
 ell. 
 
 REPLEVY. In practice. To get back 
 goods on a writ of replevin. 
 
 REPLICARE. Lat. , [from re, again, 
 and plicare, to fold.] In the civil law and 
 old English pleading. To reply ; to an- 
 swer a defendant's plea, (exceptio.) Que- 
 rens replicationem non habet, nee pertinet ad 
 ipsum replicare, donee, &c. ; the plaintiff 
 has not the replication, nor does it belong 
 to him to reply, until, &c. Bract, fol. 
 191 b. Id. 194 b. Fleta; lib, 4, c. 16, 
 §3. 
 
 Literally, to fold back, or unfold. See 
 Seplicatio. 
 
 REPLICATIO. Lat. [from replicare, 
 to unfold.] In the civil law and old Eng- 
 lish pleading. The answer of a plaintiff 
 (actor) to the exception or plea of a de- 
 fendant, (reus;) corresponding with, and 
 giving name to the replication in modern 
 pleading. Inst. 4. 14, pr. See Diff. 44. 
 1. 2. 1. Called by Paulus, a contrary ex- 
 ception, (plea,) as it were, the exception of 
 an exception, (contraria exceptio, quasi ex- 
 ceptionis exceptio.) Id. 44. 1. 22. 1. Con- 
 tra exceptionem vero, licet ah initio com- 
 peiens videatur, subveniri poterit petenti 
 ope replicationis ; ut si quis petal, excipere 
 poterit tenens de pacto postea interveniente 
 ne petal, contra quam replicari poterit a 
 petente de pacto posterius inteiposito quod 
 petat. But against the exception, (plea) 
 though at first it may seem sufficient, the 
 demandant (plaintiff) may be aided by 
 means of a replication ; as if one should 
 demand (sue,) the tenant (defendant) may 
 except (plead) a subsequent agreement 
 not to sue, against which the plaintiff may 
 plead in reply a still subsequent agreement 
 that he might sue. Bract, fol. 400. This 
 is substantially the same example as that 
 
 given by Justinian. Inst. ub. sup. Called 
 in Fleta, exceptio quce competit aciori contra 
 exceptionem rei. Fleta, lib. 6, c. 36, § 10. 
 This is in conformity with the language of 
 the Digests. Biff. ub. sup. 
 
 The nature of this pleading and the de- 
 rivation of the word itself are thus ex- 
 plained in the Institutes: Sometimes it 
 happens that an exception [the defendant's 
 answer to the plaintiff's action] which 
 primA facie seems jnst, yet operates as a 
 bar unjustly, (tamen inique noceat ;) and 
 when this takes place, there is need of an- 
 other allegation to help the plaintiff; 
 which is called a replication, because by it 
 the force or law of the exception is un- 
 folded and destroyed, (replicatio vacatur 
 quia per earn replicatur atque resolvitur jus 
 exceptionis.) Inst. 4. 14, pr. According 
 to the modern civilians, it is so called be- 
 cause it unfolds and lays open (replicet ac 
 patefaciat) the injustice of the exception 
 that had been folded together, and, as it 
 were, covered up ; or rather because it un- 
 folds and opens (explicet atque aperiat) the 
 equity of the action that had been covered 
 up, and, as it were, folded together, by the 
 defendant's exception. Hotomannus. Pra- 
 teus. Calv. Lex. 
 
 REPLICATION. [L. Fr. replicacion; 
 Lat. replicatio, q. v.] In pleading. The 
 plaintiff's answer of fact to the defendant's 
 plea in an action at law.* Steph. PI. 58, 
 59. 3 Bl. Com. 309, 310. 
 
 The plaintiff's or complainant's reply to 
 the defendant's answer, in a suit in equi- 
 ty.* — The contestation of the answer. 
 Gilb. For. Rom. 113.— The plaintiff's 
 avoidance or denial of the answer or de- 
 fence, and in the maintenance of the bill, 
 to draw the matter to a direct issue, which 
 may be proved or disproved by testimony. 
 Cooper's Eq. PI. 328, 329. Stwy's Eq. 
 PI. § 877. 
 
 This pleading, together with its name, 
 is obviously taken from the Roman law, as 
 will appear on comparing the Institutes 
 with Bracton, under the appropriate heads. 
 See Replicatio. And see Story's Eq. PI. 
 §677. 
 
 REPONE. [from Lat. reponere, to put 
 back.] In Scotch practice. To replace ; 
 to restore to a former state or right. 2 
 Alison's Crim. Pr. 351. 
 
 REPORT. [L. Lat. reportus, relatio, 
 from reportare, to bring again, to relate.] 
 A public account or relation of a case 
 judicially argued and determined; includ- 
 
REP 
 
 (407) 
 
 REP 
 
 ing a statement of the facts of the case, 
 the arguments of counsel, and the opinion 
 of the court, expressing the reasons for the 
 judgment or decision given.* Lord Coke 
 defines report to be " a public relation, or 
 a bringing again to memory cases judicial- 
 ly argued, debated, resolved or ' adjudged 
 in any of the king's courts of justice, to- 
 gether with such causes and reasons as 
 were delivered by the judges of the same." 
 Co. Litt. 293. The reports of judicial de- 
 cisions now constitute, both in Great Brit- 
 ain and the United States, a principal and 
 most authoritative source of municipal 
 law. 1 Bl. Com. 71. 1 Kenfs Com. 470. 
 The word itself seems essentially French. 
 Litt. sect. 514. 
 
 REPORT. In practice. The formal 
 statement in writing made to a court by a 
 master in chancery, a clerk, or referee, as 
 the result of his inquiries into some matter 
 referred to him by the court. 
 
 REPORTARE. L. Lat. In old Eng- 
 lish practice. To report. Claus. 28 
 Edw. I. m. 3, d. 
 
 REPORTUS. L. Lat. A report. Spel- 
 man gives this barbarous word, but Lord 
 Coke uses relatio. 8 Co. pref. 
 
 REPOSITION OF THE FOREST. 
 [L. Lat. repositio forestce.'] In old Eng- 
 lish law. An act whereby certain forest 
 grounds, being made purlieu (q. v.) upon 
 view, were by a second view laid to the 
 forest again, [put back into the forest] 
 Manwood. Cowell. 
 
 REPREHENSAILLES. L. Fr. Seiz- 
 ures; reprisals. Kelham. 
 
 REPREIGNER, Reprendre, Reprender. 
 L. Fr. To retake ; to take back. Kelham. 
 Represt, reprist ; taken baek. Id. 
 
 REPRESENTATION. [Lat. reprcesen- 
 tatio, ivomreprcBsentare, to be like.] The 
 occupying of another's place ; the acting 
 in the place of another. The principle by 
 which an heir, executor or administrator, 
 succeeds to the rights and liabilities of his 
 ancestor, testator or intestate.* 2 Steph. 
 Com. 243. 
 
 In the law of distribution and descent. 
 The principle upon which the issue of a 
 deceased person take or inherit the share 
 of an estate which their immediate ances- 
 tor would have taken or inherited, if liv- 
 ing ; the taking or inheriting per stirpes. 
 2 Bl. Com. 217, 617. 2 Kent's Com. 
 425. 4 Id. 391. 2 Hilliard's Real Prop. 
 195, [202.] 
 
 REPRESENTATION. In the law of 
 
 insurance. A collateral statement, either 
 by writing not inserted in the policy, or 
 by parol, of such facts or circumstances 
 relative to the proposed adventure, as are 
 necessary to be communicated to the un- 
 derwriters, to enable them to form a just 
 estimate of the risks. 1 Marshall on Ins. 
 450. Mr. Duer objects to this definition, 
 and substitutes the following : A state- 
 ment of facts, circumstances or informa- 
 tion, tending to increase or diminish th« 
 risks as they would otherwise be consid- 
 ered, made prior to the execution of the 
 policy by the assured or his agent to the 
 insurer, in order to guide his judgment in 
 forming a just estimate of the risks he is 
 desired to assume. It is usually made by 
 parol, or by a writing not inserted in the 
 policy, but when the intention as to the 
 construction is sufficiently declared, may 
 be expressed in the policy. 2 Duer on 
 Ins. 644, 656. See 1 Phillips on Ins. 214. 
 3 Kenfs Com. 282. 5 HilFs (N. Y.) R. 
 188. 
 
 REPRESENTATIVE. One who rep- 
 resents another ; one who occupies an- 
 other's place, and succeeds to his rights 
 and liabilities. Executors and administra- 
 tors represent, in all matters in which the 
 personal estate is concerned, the person of 
 the testator, [or intestate] as the heir does 
 that of his ancestor ; so that the heirs and 
 executors (or administrators) of a deceased 
 party are sometimes compendiously de- 
 scribed as his real and personal representa- 
 tives. 2 Stq)h. Com. 243. 
 
 REPRESTARE. L. Lat. In old Euro- 
 pean law. To re-grant a thing to the 
 grantor, for a certain term ; to re-let a 
 thing or estate to the lessor. Spelman. 
 
 REPRIEVE, [from L. Fr. reprendre, to 
 take back.] In criminal law. The with- 
 drawing of a sentence of death for an in- 
 terval of time, whereby the execution is 
 suspended. 4 Bl. Com, 394. Cowell 
 writes the word reprive. 
 
 REPRISAL, Reprisel. [L. Lat. reprisa- 
 lia, (q. v.) from L. Fr. reprise, a retaking.] 
 A taking again ; a taking back; retaking; 
 recaption. The re-possessing one's self of 
 a thing unjustly taken by another.* 3 
 Bl. Com. 4. See Recaption. 
 
 A taking of one thing in satisfaction for 
 another, {captio rei unius in alterius satis- 
 factionem.) Spelman. Frequently used in 
 the plural, reprisals, {reprisalice, represalice.) 
 T-^ Loccen. de Jur. Mar. lib. 3, c. 5. 1 
 
 Id. 
 
 Kent's Com. 61. A taking in return ; a 
 
REP 
 
 (408) 
 
 EES 
 
 taking by way of retaliation. See Letters 
 of marque and reprisal. 
 
 EEPRISALIA, Represalia, Reprcesalia, 
 Repressalia, Pressalia. L. Lat. In civil 
 and old maritime law. Reprisal. Spelman. 
 Loccfn. de Jur. Mar. lib. 3, c. 5. 
 
 REPRISES. In English law. Deduc- 
 tions and duties which are yearly paid out 
 of a manor and lands, as rent-charge, rent- 
 seek, pensions, corrodies, annuities, (fee. 
 so that when the clear yearly value of a 
 manor is spoken of, it is said to be so 
 much per annum ultra reprisas, besides all 
 reprises. Cowell. 
 
 Reprol)ata pecunia liberal solyentem. 
 Money refused [the refusal of money ten- 
 dered] releases him who pays [or tenders 
 it.] 9 Co. '79 a, JPeytoe's case. 
 
 REPROBATOR, Action of. In Scotch 
 law. An action or proceeding intended to 
 convict a witness of perjury ; to which the 
 witness must be made a party. BelPs 
 Diet. 
 
 REPROBUS, Reproha. Lat. [from re- 
 probare, to reject] In old English law. 
 Bad or spurious ; reprobate. A term ap- 
 plied to money which might be rejected 
 or refused. De illis qui falsam fah-icant 
 monetam, et qui de non le^roha, faciunt re- 
 probam, sicut sunt retonsores denariorum ; 
 of those who make false or counterfeit 
 money, and who out of good money make 
 bad, such as clippers of coin. Bract, fol. 
 119 b. See Fleta, lib. 1, c. 22, § 4. 
 " Reprobate silver " is used in the English 
 translation of the old Testament. Jerem. 
 vi. 30. 
 
 REPUBLICATION. A second publi- 
 cation of a will, either expressly or by 
 construction. See 1 Jarman on Wills, 
 174, (199, Perkins' ed.) See Publication. 
 
 REPSILYER. In old records. Money 
 paid by servile tenants for exemption from 
 the customary duty of reaping for the lord. 
 Cowell. 
 
 REPUDIUM. Lat. In the Roman 
 law. A breaking off the contract of 
 espousals, or a marripge intended to be 
 solemnized. Sometimes translated divorce. 
 But this was not the proper sense. Dig. 
 50. 16. 191. Id. 50. 16. 101. 1. Id. 24. 
 2. 2. See Taylor's Civ. Law, 349. 
 
 REPUGNANT. [Lat. repugnans, from 
 repugnare, to fight against.] Contrary to ; 
 in conflict with. A condition repugnant 
 to the nature of the estate to which it is 
 annexed, is void. 1 Steph. Com. 281. 
 
 REPUTATION. [Lat. reputatio, from 
 
 reputare, to consider.] In the law of evi- 
 dence. The estimation in which a person 
 is held in the community where he has 
 resided. Marcy, J. 2 WendelVs R. 352, 
 354. Character. Duncan, J. 3 Serg. db 
 Rawle's R. SSl. " Reputation is not what 
 this or what that man thinketh, but that 
 which many men have said or thought, 
 who have more reason to know it ; et quce- 
 nam est inter illos reputatio." 1 Leon. 15. 
 
 REPUTED. [Lat. reputatus, from repu- 
 tare, to consider.] Considered; generally 
 supposed. 
 
 This word has a much weaker sense 
 than its derivation would appear to war- 
 rant; importing merely a supposition or 
 opinion derived or made up from outward 
 appearances, and often unsupported by fact. 
 The term "reputed owner" is frequently 
 employed in this sense. 2 Steph. Com. 
 206. 
 
 "REQUEST," in a will, held to raise 
 a trust or bequest by implication. 1 
 Bro. C. C. 489. 2 Id. 226. Ambl. 520, 
 note (2.) 
 
 REQUESTS. See Court of Requests. 
 
 REQUISITION. [Lat. requisitio, from 
 requirere, to demand.] In international 
 law. The formal demand by one govern- 
 ment upon another, of the surrender of a 
 fugitive criminal. 1 Kents Com. 36 — 38, 
 and notes. 
 
 RERE. L. Fr. [from Lat. radere.\ To 
 rase; to erase. Kelham. 
 
 RERE-FIEFS. In Scotch law. Inferior 
 fiefs ; portions of a fief or feud granted out 
 to inferior tenants. 2 Bl. Com. 51. 
 
 Rerum ordo contnnditur, si unicuique jn- 
 risdictio non servatur. The order of things 
 is confounded, if its proper jurisdiction is 
 not preserved to each. 4 Inst. Prooem. 
 
 Reram snarnm quilibet est moderator et 
 arbiter. Every one is the regulator and 
 disposer of his own property. Co. Litt. 
 223 a. 
 
 RES. Lat. In the civil and old English 
 law. A thing; things. A term of the 
 most extensive import in the law, including 
 both objects of property, and things not 
 the objects of property, [qum vel in nostra 
 patrimonio, vel extra patrimonium nostrum 
 hahentur.) /resi. 2. 1, pr. Dig. 50. \6. 5, 
 pr. Bract, fol. 7 b. According to Lord 
 Coke, it has a general signification, includ- 
 ing both corporeal and incorporeal things 
 of whatever kind, nature or species. 3 
 Inst. 182. 
 
 By "res," according to the modern 
 
EES 
 
 (409) 
 
 RES 
 
 civilians, is meant every thing that may 
 form an object of rights, in opposition to 
 persona, which is regarded as a subject of 
 rights. Res, therefore, in its general mean- 
 ing, comprises actions of all kinds ; while 
 in its restricted sense, it comprehends every 
 object of right except actions. 1 Mackeld. 
 Civ. Law, 151, § 146. This has reference 
 to the fundamental division of the Insti- 
 tutes, that all law relates either to persons, 
 to things, or to actions. Inst. 1. 2. 12. 
 
 Under the name of res, (a thing,) is 
 included, also, according to the Digests, 
 any part of a thing ; {appellatione rei pars 
 etiam continetur.) Dig. 60. 16. 72. It 
 also included both the fruits (causce) of a 
 thing, and the rights {jura) incident to it. 
 Id. 50. 16. 23. The following are among 
 the various significations of this word in 
 the civil law : 
 
 A business, (negotium ;) matter, (mate- 
 ria;) question, {qucestio.) Dig. 48. 19. 
 38. 5. 
 
 Equity, (xguum 'et bonum ;) reason, 
 (causa.) Dig. 48. 8. 1. 3. 
 
 An inheritance, (hcereditas.) Calv. Lex. 
 
 A suit, (lis.) Id. The subject matter 
 of a suit ; a thing sued for. Storyh Confl. 
 of Laws, § 592 a. 20 Howard's B. 699. 
 See In rem. 
 
 Substance, (substantia.) Calv. Lex. 
 
 Property, (proprietas.) Id. 
 
 Ownership, (dominium.) Id. Dig. 41. 
 
 1. 52. 
 
 A contract, (contractus.) Dig. 60. 16. 
 6. Calv. Lex. 
 
 Punishment, (poena.) Dig. 48. 19. 
 
 2, pr. 
 
 Truth, (Veritas.) Dig. 48. 10. 1. 4. 
 Profit and emolument, (utilitas et emolu- 
 mentum.) See Actio de in rem verso. 
 Empire. Tayl. Civ. Law, 62. 
 
 Res denominatur a principaliori parte. 
 
 A thing is named from its more principal 
 part. 5 Co. 47 b, Gilbert Littleton's case. 
 Thus, a suit in equity is frequently termed 
 a bill in equity, the bill being the com- 
 mencement and foundation of the suit, 
 (origo rei et caput sectce.) Id, ibid. 
 
 Res perit [SUO] domino. The thing per- 
 ishes or is lost to its owner ; the loss of 
 the thing falls upon its owner. A maxim 
 in the law of bailment, expressive of the 
 principle that where an article bailed is 
 damaged or lost without fault of the bailee, 
 the loss must fall upon the owner. Story 
 on Bailm. § 426, 427 a. 2 Kent's Com. 
 691. Story, J. 3 Story's B. 359. Broom's 
 
 Max. 112, [176.] Applied also to cases 
 where a loss is to be shared among several 
 having an interest. 1 Story's Eq. Jur. 
 102. Story, J. 3 Sumner's B. 58. 
 
 Res transit cnm sno onere. The thing 
 passes with its burden. Where a. thing 
 has been encumbered by mortgage, the 
 incumbrance follows it, wherever it goes. 
 Bract, fol. 47 b, 48. Fleta, lib. 3, c. 10, 
 
 § 3. See Transit terra cum onere. 
 
 EES ACCESSORIA. Lat. In the 
 civil law. An accessory thing ; that which 
 belongs to a principal thing, or is in con- 
 nection with it. 1 Mackeld. Civ. Law, 
 155, § 152. Otherwise termed accessio. 
 
 Id. § 163. Res accessoria seqnitur rem 
 principalem. An accessory thing follows 
 the principal thing. Broom's Max. [368.] 
 
 RES CADUCA. Lat. In the civil 
 law. A fallen or escheated thing; an 
 escheat. Hallifax, Anal. b. 2, c. 9, n. 60. 
 
 RES COMMUNES. Lat. In thecivil 
 law. Common things. Things common 
 to all, by the law of nature ; as air, running 
 water, the sea, and sea-shore. Inst. 2. 1. 1. 
 Dig. 1. 8. 2. 1. Bracton and Fleta make 
 a distinction between common and public 
 things, but Justinian uses the terms indif- 
 ferently. Bract, fol. 8. Fleta, lib. 3, c. 1, 
 § 4. Inst. 2. 1. 2. Later civilians have 
 distinguished them thus : Bes communes 
 are those things which, considered v.'ith 
 reference to the property in them, are res 
 nullius, belonging to no one, but consid- 
 ered with reference to their use, belong to 
 all men. Bes publicce are those the pro- 
 perty of which is in the people, the use 
 being common to every one of the people. 
 Heinecc. Elem. Jur. Civ. lib. 2, tit. 1, § 325. 
 See Tayl. Civ. Law, 471, 472. 
 
 RES CONTRO VERSA. Lat. In the civil 
 law. A matter controverted ; a matter in 
 controversy ; a point in question ; a ques- 
 tion for determination ; (Gr. tc Kftttiiemv.) 
 Calv. Lex. 
 
 RES CORONA. L. Lat. In old Eng- 
 lish law. Things of the crown ; such as 
 ancient manors, homages of the king, liber- 
 ties, &c. Fleta, lib. 3, c. 6, § 3. 
 
 RES CORPORALES. Lat. In the 
 civil law. Corporeal things ; things which 
 can be touched, (quce tangi possunt,) or are 
 perceptible to the senses. Dig. 1. 8. 1. 1. 
 Inst. 2. 2. Bract, fol. 7 b, 10 b, 13 b. 
 Fleta, lib. 3, c. 1, § 4. Called by Cicero, 
 res quce sunt, (things which are,) as dis- 
 tinguished from incorporeal things, which 
 are termed res quce intelliguntur, (things 
 
KES 
 
 (410) 
 
 RES 
 
 whioh are understood, or mentany per- 
 ceived.) Cic. Topic. 5. 
 
 RES FUNGIBILES. Lat. In the civil 
 law. Fungible things, (q. v.) 
 
 RES FURTIVE. L. Lat. In Scotch 
 lavf. Goods which have been stolen. 
 BelVs Diet. 
 
 RES GESTA. Lat. A thing done; a 
 transaction. RES GEST^. Things done; 
 the essential circumstances of a transaction. 
 Story, J. 3 Story^s B. 504. See 36 Maine 
 B. 295. 5 Maryland B. 450. United 
 States Digest, Evidence. 
 
 RES IMMOBILES. Lat. In the civil 
 law. Immovable things. Such things as, 
 by their nature, are physically incapable of 
 a change of place ; such as lands ; or which 
 cannot be removed to another place with- 
 out injury to their substance ; such as 
 buildings. 1 Mackeld. Civ. Law, 152, 
 § 147. Tayl. Civ. Law, 475. 
 _ RES INCORPORALES. Lat. In the 
 civil law. Incorporeal things ; things which 
 cannot be touched, (quce tanc/inon possunt;) 
 such as those things which consist in right. 
 Inst. 2. 2. Biff. 1. 8. 1. 1. Bract, fol. 
 7 b, 10 b. Fleta, lib. 3, c. 1, § 4.— Such 
 things as the mind alone can perceive, {res 
 quce intelliffuntur.) See Bes corporales. 
 
 RES INTEGRA. Lat. In the civil 
 law. A thing not acted upon ; a thing as 
 it was; a thing entire or untouched; a 
 thing not made the subject of action or de- 
 cision ; a new thing or matter, {res nova.)* 
 A thing was said to be integra, until some- 
 thing was begun to be done about it, 
 {donee quid geri cceptum est.) Calv. Lex. 
 In the contract of sale, the matter was said 
 to be integra, until closed by the payment 
 of the price, or delivery of the thing. Calv. 
 Lex. Inst. 3. 30. 4. A question while 
 under debate in the Roman Senate, was 
 called res integra ; when determined, res 
 peracta. Adani's Bom. Ant. 21. Blin. 
 JEpist, vi. 13. 
 
 This has become a common phrase in 
 English and American law, to denote a new 
 case, or a perfectly new point, unaffected 
 by any former adjudications. 1 Wooddes. 
 Lect. 120. "If this was resintegra, and I 
 was at liberty to follow my own opinion, I 
 should be very unwilling to admit such 
 evidence." Lord Talbot, C. Cas. temp. 
 Talb. 79, 80. " If the question was res 
 integra, untouched by dictum or decision," 
 <fec. Lord Eldon, C. Jiico6'« i2. 126. "If 
 this case were perfectly res integra, there 
 might have been great doubt." Lord 
 
 EUenborough, 9 East, 206. See Id. 10 
 East, 123. 
 
 Bes integra is well contrasted with res 
 judicata by Blackstone, arg. 1 W. Bl, 238. 
 
 RES INTER ALIOS ACTA. Lat. 
 A thing done between others, or between 
 third parties or strangers. 
 
 Res inter alios acta altcri nocere non debet. 
 A thing done between others ought not to 
 injure another. A transaction between 
 other or strange parties, ought not to injure 
 a person. A transaction between two par- 
 ties ought not to operate to the disadvan- 
 tage of a third. Co. Litt. 156 b. Wingate's 
 Max. 327, max. 86. Broom's Max. 432, 
 [735.] Persons are not to be affected by 
 the acts or words of others to which they 
 were neither party nor privy, and which 
 consequently they bad no power to prevent 
 or control. Best on Evidence, 120, § 102. 
 The use of alios and alteri,\>oth having the 
 sense of other, perhaps adds force to this 
 maxim, the parties to the transaction being 
 " others" as to the third person, and ho in 
 turn being " another," as to them ; but it 
 renders a close translation scarcely intel- 
 ligible. The substitution of nemini for 
 alteri, in one of the following forms, avoids 
 this verbal difficulty. 
 
 Res inter alios acta) alteri nocere non de- 
 bent, is a plural form of this maxim, quoted 
 by Mr. Best in his Treatise on Evidence. 
 A third party is not to be injured or affected 
 by the acts of others with whom he is un- 
 connected, either personally, or by his 
 agents, or by those whom he represents. 
 Best on Evid. 378, § 339. The same 
 maxim is otherwise expressed. Res inter 
 alios actae nemini noeere debent, sed prodesse 
 possunt. Things done between others ought 
 to injure no one, but may benefit. 6 Co. 
 1 b, Bruerton's case. Wingate's Max. 
 327, max. 86. And see 4 /»si. 279. These 
 additions, however, are, according to Mr. 
 Best, unnecessary, for the rule is only of 
 genera], not universal application, there be- 
 ing several exceptions both ways. Neither 
 does the expression inter alios mean that 
 the act done must be the act of more than 
 one person, it being also a maxim of law 
 
 that Factum unius alteri nocere non debet. 
 
 Co. Litt. 152 b. 
 
 This important maxim seems to be im- 
 mediately derived froni the canon law, in 
 which it was expressed, Res inter alios acta 
 aliis prsBjudicium regulariter non adfcrt. 
 A thing done between others regularly 
 works no prejudice to third parties. Lan- 
 
RES 
 
 (411) 
 
 EES 
 
 cell. Inst Jur. Can. lib. 3, tit. 15, § 9. Or 
 it may have been taken from tlie caption 
 of title 60, book 1, of the Code of Jus- 
 tinian : Inter alios acta vcl judicata, alils 
 non nocere, Tiiat its ultimate source is in 
 the civil law, appears from the following 
 rules which embody its principle : Inter 
 alios res gestas aliis non posse preejudicium 
 facere stepe constitutum est. Cod. 1. 60. i. 
 Inter alios factum transactionem absent! non 
 posse facere prxjudicinm notissimi juris est. 
 Id. 7. 60. 2. It is found appealed to, as 
 a recognized maxim of law, as early as the 
 reign of Edw. II. Yearb. M. 3 Edw. II. 
 63. See Broom's Max. 432 — 443. In 
 the Digests, the maxim appears to be con- 
 fined to res judicata, (q. v.) 
 
 KES JUDICATA, (or ADJUDICA- 
 TA.) Lat. A matter adjudged; a thing judi- 
 cially acted upon or decided ; a judgment. 
 That which puts an end to controversy by 
 the decision of a judge, (quce finem contro- 
 versiarum pronuntiatione judicis accipit.) 
 Dig. 42. 1. 1. A phrase ofthe civil law, con- 
 stantly quoted in the books. 3 Kents 
 Com. 120. Best on Evid. 464. 3 HilVs 
 (N. Y.) R. 399. 
 
 Res judicata pro veritate accipitur. A 
 matter adjudged is taken for truth. Dig. 
 SO. 17. 207. A matter decided or passed 
 upon by a court of competent jurisdiction, 
 is received as evidence of truth. 2 Kents 
 Com. 120. A maxim adopted in the com- 
 mon law, to express the authority and 
 .finality of judicial decisions. Co. Litt. 
 103 a. Broom's Max. 428, [242, 729.] 
 Best on Evid. 41, § 44. See Id. 464— 
 470, §§ 422—429. Another form of this 
 
 maxim is Judicium pro veritate accipitur. 
 
 Co. Litt. 39 a, 168 a, 236 b. The doc- 
 trine of res judicata is held not to apply 
 to motions in the course of practice. 5 
 miVs (N. Y.) R. 493. 
 
 Seepe constitutum est, res inter alios judi- 
 catas aliis non prsjudicare. It has often 
 been determined that matters adjudged 
 between other parties do not prejudice. 
 Dig. 42. 1. 63. Res inter alios judicata 
 aliis non obest. Id. 44. i. lo. Res inter 
 alios judicatee nullum aliis pra;judicium fa- 
 ciant. Id. 44. 2. 1. 
 
 RES MOBILES. Lat. In the civil 
 law. Moveable things ; things which may 
 be transported from one place to another, 
 without injury to their substance and form. 
 1 Mackeld. Civ. Law, 152, § 147. Things 
 corresponding with the chattels personal of 
 the common law. 2 Kents Com. 347. 
 
 RES NOVA. Lat. A new matter; a 
 jiew point or question. "If it were res 
 nova, I should be apt to think so too." 
 Holt, C. J. 6 Mod. 161. 
 
 RES NULLIUS. Lat. In the civil 
 law. Things of no one ; the property of 
 nobody ; such as things sacied, {sacrm,) 
 religious, (religiosce,) and holy, {sanctce.) 
 Inst. 3. 1. 7. Dig. 1. 8. 2. Tayl. Civ. 
 Law, 470. Bracton ranks also under this 
 head, wild animals, derelict property, 
 wrecks, waifs, and strays. Bract, fol. 8. 
 And sec Fleta, lib. 3, c. 1, §§ 6, 9. Cfro- 
 tius, de Jur. Bel. lib. 3, c. 6, § 9. 
 
 RES PRIVATE. Lat. In the civil 
 law. Private things ; things belonging 
 to individuals, {qucB singulorum sunt.) 
 Dig. 1. 8. 1. pr. 
 
 RES PUBLICO. Lat. In the civil 
 law. Public things ; such as rivers, har- 
 bors, the banks of rivers, <S5C. Inst. 2. 1. 
 2, 4. Dig. 1. 8. 1, pr. Bract, fol. 8. 
 F/eta, lib. 3, c. 1, § 4. Tayl. Civ. Law, 
 472. Sometimes called res puhlici juris. 
 2 Wooddes. Lect. 3. 
 
 RES QUOTIDIANS. Lat. Every 
 day matters ; familiar points or questions. 
 The title of a work of Gains, from which 
 the Institutes of Justinian were in part com- 
 piled. Inst, proffim. § 6. 
 
 RES EELIGIOSJi;. Lat. In the civil 
 law. Religious things. Places in which 
 a dead body was laid. Inst. 2. 1. 9. Dig. 
 1.8. 6. 4. 
 
 Res sacra non recipit sstimationem. A 
 sacred thing does not admit of valuation. 
 Dig. 1. 8. 9. 5. 
 
 RES SACRS. Lat. In the civil law. 
 Sacred things. Things consecrated by the 
 pontiffs to the service of God, such as sa- 
 cred edifices, and gifts or offerings, {dona- 
 ria.) Inst. 2. 1. 8. Dig. 1. 8. 6. 3. Chal- 
 ices, crosses, censers. Bract, fol. 8. The 
 place where a sacred edifice stood, con- 
 tinued to be sacred, though the edifice 
 was destroyed. Inst. uh. sup. Dig. uh. 
 sup. See Tayl. Civ. Law, 470. 
 
 RES SANCTS. _ Lat. In the civil 
 law. Holy things ; things protected against 
 injury by man; such as the walls and 
 gates of a city. Inst. 2. 1. 10. Dig. 1. 8. 
 8, pr. and 2. Walls were said to be holy, 
 because any oflfence against them was pun- 
 ished capitally. Inst. 2. 1. 10. Bract 
 fol. 8. Fleta, lib. 3, c. 1, § 7. Fleta calls 
 them quasi sacra. 
 _ RES UNIVERSITATIS. Lat. In the 
 civil law. Things of a community ; such 
 
KES 
 
 (412) 
 
 EES 
 
 as theatres and race-grounds, (stadia,) and 
 other like things which were the commoB 
 property of a city. Inst 2. 1. 6. Die/. 
 1. 8. 6. 1. Bra^t. fol. 8. Fleta, lib. 3, c. 
 1, § 6. See Tayl. Civ. Law, 4V3. 
 
 RESCEIT. [Lat. receptio.] In old 
 English practice. An admission or re- 
 ceiving a third person to plead his right in 
 a cause formerly commenced between two 
 others. As, in an action by tenant for life 
 or years, he in the reversion might come 
 in and pray to be received to defend the 
 land, and to plead with the demandant. 
 Cowell. Bro. Ahr. Resceit. Called by 
 the civilians, admissio tertii pro suo inter- 
 esse, (the admission of a third person, on 
 account of his interest.) 
 
 RESCEU, Bescue. L. Fr. Beceived. 
 Novoe Narr. 5 b. Kitchin. Sesceux, (plur.) 
 Britt. c. 2. 
 
 RESCISSIO. Lat. [from rescindere, to 
 annul or avoid.] In the civil law. An 
 annulling, avoiding, or making void ; abro- 
 gation ; rescission. Cod. 4. 44. Pothier, 
 Contr. of Sale, num. 331. 
 
 RESCISSORY ACTION. [Lat. actio 
 rescissoria.^ In the civil law. An action 
 to rescind or avoid a title by prescription. 
 Inst. 4. 6. 5. Heinecc. Elem. Jur. Civ. 
 lib. 4, tit. 6, § 1132. 
 
 An action to rescind a contract of sale, 
 on the ground of iujustice in the price, or 
 what is termed lesion. Cod. 4. 44. Pothier, 
 Contr. of Sale, num. 331, et seq. 
 
 In Scotch law. An action to rescind a 
 contract or deed. 1 Forbes^ Inst, part 4, 
 p. 158. See BelVs Diet. 
 
 RESCOUS. L. Fr. and Eng. [from Fr. 
 rescourrer, to force from, or recover back ; 
 L. Lat. rescwssus.J A forcible taking back 
 of goods distrained, or in the custody of 
 the law.* 3 Bl. Com. 146. 
 
 The forcible delivery of a defendant, or 
 other party arrested, from the officer who 
 is carrying him to prison.* Id. ibid. 
 
 A writ which lay in cases of rescons, 
 (breoe de rescussu.) F. N. B. 101 C. D. 
 Reg. Orig. 116 b, 117. 
 
 RESCRIPTA. Lat. In the civil law. 
 Rescripts. Cod. 1. 23. See Rescriptum. 
 A term sometimes applied to the original 
 writs of the common law. Co. Liti. 11 a. 
 
 RESCRIPTUM. Lat. [fvom rescribere, 
 to write back.] In the civil law. A species 
 of imperial constitution, in the form of an 
 answer to some application or petition; a 
 rescript. Calv. Lex. Heinecc. Elem. Jur. 
 Civ. lib. 1, tit. 2, § 53. Otherwise called 
 
 a letter or epistle, {epistola.) Inst. 1. 2. 6. 
 See a form of rescript. Big. 37. 14. 17. 
 
 RESCUE. [L. Fr. rescouse ; L. Lat. 
 7'escussus.'\ The modern form of rescous, 
 (q. V.) A forcible taking back of persons 
 or property out of the custody of the law.* 
 3 Bl. Com. 12. 4 Id. 125. 
 
 In criminal law. The forcibly and know- 
 ingly freeing another from an arrest or im- 
 prisonment.* 4 Bl. Com. ] 31. 4 Steph. 
 Com. 256. 
 
 RESCUSSOR. L. Lat. In old Eng- 
 lish law. A rescuer ; one who commits a 
 rescous. Cro. Jac. 419. Cowell. 
 
 RESCUSSUS. L. Lat. [from L. Fr. 
 rescous.^ In old English law. Rescue; 
 forcible liberation or release. Spelman. 
 
 RESCUTERE. L. Lat. In old Eng- 
 lish law. To rescue. Rescussit ; (he) 
 rescued. Reg. Orig. 117. 3 P. Wms. 
 484. i?e«cMM«'M?ji; (they) rescued. Reg. 
 Orig. 118. 
 
 RESCYT. L. Fr. Resceit; receipt; 
 the receiving or harboring a felon, after 
 the commission of crime. Britt. c. 23. 
 
 RESEANTISA. L. Lat. [from L. Fr. 
 reseance.'] In old English and Scotch law. 
 Residence. Fleta, lib. 6, c. 3, § 2. Spel- 
 man. 
 
 A severe or long continued illness, con- 
 fining a person to his house, (morbus vali- 
 dus, seu veteranus quo quis exire de suis 
 eedibus prohibetur.) Id. Glanv.]i\>.l,c.ll. 
 Described by Skene, as " a long and old 
 sickness, or a resident heavy infirmity and 
 sore sickness." Skene ad Reg. Maj. lib. 
 1, c. 8. See Id. Be Verb. Signif. The 
 essoin de malo lecti was more anciently 
 termed de injirmitate reseantisce, or de re- 
 seantisa. 1 Reeves^ Hist. 115. Fleta, iih. 
 6, c. 10,§1. 
 
 B.mEA.'UN'T, Reseant. L.Fr. Abiding; 
 dwelling ; residing. Britt. c. 98. 
 
 RESEISER. \L. Lat. reseisire.] In old 
 English law. A taking back of seisin.* A 
 taking again of lands into the hands of the 
 king, whereof a general livery or ouster-le- 
 main was formerly mis-sued, contrary to 
 the form and order of law. Staundf. Prcer. 
 Reg. 26. CoweU. 
 
 RESERVANDO. L. Lat. (Reserving.) 
 In old conveyancing. An apt word of re- 
 serving a rent. Co. Litt. 47 a. 
 
 RESERVATION. [I^at. reservatio, from 
 reservare, to keep back or save out.] 
 In conveyancing. A clause in a deed 
 whereby the grantor reserves some new 
 thing to himself, out of the thing granted, 
 
EES 
 
 (413) 
 
 RES 
 
 and not in fisse before. 4: JTenfs Com. 468. 
 Co. Liu. 47 a. Distinguished from an ex- 
 ception, wMcli is always of part of the thing 
 granted, and of a thing in esse. Id. ibid. 
 See 2 Selden's R. 458. 
 
 RESET. In Scotch law. The receiv- 
 ing or harboring of a proscribed or out- 
 lawed person. Skene de Verb. Signif. 
 Cowell. Reset of theft, is the receiving 
 goods knowing them to be stolen, or the 
 harbouring and concealing the thief from 
 justice. Bell's Diet. Resetter ; a receiver. 
 Cowell. See Resset,. Reeettour. 
 
 RESIANCB, Resiancy. [L. Lat. resi- 
 antia, from L. Fr. reseant, resident.] In 
 old English law. Residence; a man's 
 abode or continuance in a place. 0. N. 
 B. 85. Cowell. 2 Inst. 99. 1 CrabVs 
 Real Prop. 498, § 641. "iJmawce and 
 mansion of the council." Bacon's Works, 
 iv. 261. 
 
 RESIANT, Resient, Resyaunt. [from 
 L. Fr. reseant, resident.] In old English 
 law. Continually dwelling or abiding in a 
 place; resident; a resident. ICitchin, 33. 
 Cowell. 2 Inst. 99. "Resiants and in- 
 habitants within a manor." 3 Leon. 8, 
 case 21. See Resyaunt. 
 
 RESIANTIA, Reseantia. L. Lat. In 
 old English law. Resiance ; residence. 
 Spelman. See Resiance. 
 
 RESIDENCE, [0. Eng. resiance; L. 
 Fr. reseaunce ; L. Lat. resiantia, reseantia, 
 reseantisa; from Lat. residere, to sit down.] 
 The act or state of being seated or settled 
 in a place ; the act, state or habit of dwel- 
 ling or abiding in a place ; the act or state 
 of being resident, or inhabitant; inhabi- 
 tancy or habitancy.* The act of abiding 
 or dwelling in a place for some continu- 
 ance of time. Webster. 
 
 The place where one resides, {locus quo 
 quis residet ;) habitation; domiciL Spel- 
 man. The place which one has made his 
 seat, (sedes,) abode or dwelling.* A man's 
 home. 15 Mees. & W. 433. 
 
 Residence imports not only personal 
 presence in a place, but an attachment to it 
 by those acts or habits which express the 
 closest connection between a person and a 
 place, as by usually sitting or lying there. 
 The radical idea of the word is well illus- 
 trated by its use in English ecclesiastical 
 law, to denote the actual and settled pre- 
 sence and abode of a parochial minister in 
 and upon his parsonage house ; otherwise 
 expressed by the word incumbency, from 
 incumbere, to lie upon. 1 Bl. Com. 390, 
 
 392. See 5 Burr. 2722. The same idea 
 of lying was inherent in the old word rese- 
 antisa, (from the same root,) which im- 
 ported a settled infirmity, (" a resident in- 
 firmity," as Skene translates it,) by which 
 one was confined to his house or bed. See 
 Reseantisa. And see 8 Mod. 308. Burr. 
 Sett. Cos. passim. The radical idea of the 
 pure Latin residere is a sitting. Hence jus- 
 tices while holding a court were said to be 
 resident {residentes) or sitting there. See 
 Residens. 
 
 Residence has been declared to mean 
 the same thing with inhabitancy. Burr. 
 Sett. Cas. 708. Walworth, C. 8 Wendell's 
 R. 140. Spelman makes it synonymous 
 with habitation, {habitatio.) It is made 
 also synonymous with domicil, {domicil- 
 ium,) by the same writer and other high 
 authorities; but domicil in some of its ap- 
 plications imports something more than 
 residence. 2 Kent's Com. 430, 431, note, 
 1 Id. 76, 77. It might be said that resi- 
 dence imported, ex vi termini, fixedness or 
 permanence of location, were it not for the 
 distinction between permanent and tempo- 
 rary residence, which seems to have be- 
 come established. See 2 Kent's Com. ub. 
 sup. 
 
 RESIDENS. [from residere, to sit.] In 
 old English law. Sitting. Justitiarii resi- 
 dentes in banco; the justices sitting in 
 the bench. Bract, fol. 353 b. These are 
 distinguished from the justitiarii itine- 
 rantes in comitatu ; justices itinerating or 
 going about in the county. Id. ibid. 
 
 RESIDENT. L. Lat. [from residere, to 
 sit or be fixed.] In old English practice. 
 [They] remain. Quarum recorda et pro- 
 cessus coram nobis resident; the records 
 and process whereof remain before us. 
 Reg. Grig. 308 b. 
 
 RESIDENT. [Lat. residens, from resi- 
 dere, to sit; 0. Eng. resiant.'\ One who 
 has a seat or settlement in a place ; one 
 who dwells, abides or lies in a place.* 
 An inhabitant. 20 Johns. R. 208. Wal- 
 worth, C. 8 Wendell's R. 134, 140. One 
 who resides or dwells in a place for some 
 time. Webster. See 12 Orattan's R. 440 
 
 RESIDER. L. Fr. [from Lat. residere, 
 q. v.] To continue; to abide. L. Fr 
 Diet. 
 
 RESIDERE. Lat. In old English law. 
 To sit down; to sit still; to rest; to re- 
 main or continue. See Resident 
 
 RESIDENT MINISTER. In interna- 
 tional law. A public mmister who resides 
 
EES 
 
 (414) 
 
 EES 
 
 at a foreign court. Kesident ministers are 
 ranked in the third class of public niinis- 
 ters. Wheaton's Intern. Law, part 3, ch. 1, 
 § 6. See 1 Kent's Com. 39, note. 
 
 EESIDUARY. Giving the residue, as 
 a residuary clause. 
 
 Taking the residue, as a residuary de- 
 visee. 
 
 Constituting the residue, as a residuary 
 estate. See Residue. 
 
 EESIDUARY CLAUSE. That clause 
 in a will by which a testator disposes of 
 such part of his estate as remains undis- 
 posed of by previous devises or bequests.* 
 4 Kent's Com. 541, 542. > 
 
 RESIDUARY DEVISEE. The person 
 named in a will, who is to take all the real 
 property remaining over and above the 
 other devises. 
 
 RESIDUARY ESTATE. That part of 
 a testator's estate and eflFects which re- 
 mains after payment of debts and legacies. 
 
 RESIDUARY LEGATEE. The person 
 to whom a testator bequeaths the residue 
 of his personal estate, after the payment of 
 such other legacies as are specifically men- 
 tioned in the will. 
 
 RESIDUE, (or RESIDUUM.) The sur- 
 plus of a testator's estate remaining after 
 all the debts and particular legacies have 
 been discharged. 2 Bl. Com. 514. 
 
 RESIGNATION. In ecclesiastical law. 
 The yielding up a benefice or spiritual liv- 
 ing to the bishop. Wharton's Lex. 
 
 In Scotch law. The return of a fee into 
 the hands of the superior. BelVs Diet. 
 
 RESIGNATION BOND. In English 
 law. ' A bond given by the incumbent of 
 a living, conditioned to resign on a certain 
 contingency. Smith on Contracts, 176 — 
 181. 
 
 RESILIRE. Lat. In old English law. 
 To draw back from a contract before it is 
 made binding. Literally, to leap back, or 
 start back. Adhunc possunt partes resi- 
 lire ; the parties may yet draw back. 
 Bract, fol. 38. Fleta, lib. 2, c. 58, § 3. 
 The Scotch law, with its accustomed close- 
 ness, renders this word resile. 
 
 RESOLUCION. Span. In Spanish 
 colonial law. An opinion formed by some 
 superior authority on matters referred to 
 its decision, and forwarded to inferior 
 authorities for their instruction and gov- 
 ernment. Schmidt's Civ. Lain, 93, note 1. 
 
 RESOLUTION. In practice. The 
 judgment of a court. 5 Mod. 438. 10 
 Id. 209. 
 
 RESOLUTIVE. In Scotch conveyanc- 
 ing. Having the quality or effect of re- 
 solving or extinguishing a right. BelVs 
 Diet. voc. Clauses irritant and resolutive. 
 
 Kesoluto jure conccdentis, resolvitur jus 
 conccssum. Where the right of the grantor 
 is extinguished, the right granted is ex- 
 tinguished. Broom's Max. [352.] 
 
 EESOMOUNSE. L. Fr. Ee-summons. 
 Britt. c. 121. 
 
 EESON. L. Fr. Reason ; truth ; right ; 
 title ; justice ; act ; argument ; charge ; ex- 
 pression ; method ; case ; article ; point. 
 Kelham. 
 
 De reson ; in reason. Id. Funde sa 
 reson ; grounds his title. Id. Feare nos 
 reson; make us satisfaction. Id. Deux 
 resons ; two circumstances. Id. Ses re- 
 sons ; his evidences. Id. 
 
 RESORT, [from Fr. resorter, q. v.] To 
 go back. " It resorted to the line of the 
 mother." Hale's Hist. Com. Law, c. 11. 
 
 RESORTER. L. Fr. In old English 
 law. To go back. A force resortera le 
 tenement au seigniour del fee; the tene- 
 ment must necessarily go back to the lord 
 of the fee. Britt. c. 119. 
 
 To resort to ; to adopt on failure of 
 other proceedings. Ne purra resorter h 
 breve semblable ; he may not resort to a 
 similar writ. Id. c. 46. 
 
 To go. Dyer, 135 b. (Fr. ed.) 
 
 RESPECTARE, Respectuare. L. Lat. 
 In old English law. To respite. Fortescue 
 de L. L. AnglicB, c. 53, note. Reg. Grig. 
 319. Respectuabitur ; shall be put oflF. 
 Fleta, lib. 6, c. 23, § 21. 
 
 RESPECTIVE. L. Lat. Respective- 
 ly ; with reference to the subject. " It 
 must be taken respective." Holt, C. J. 
 1 Show. 190. 
 
 RESPECTUS. L, Lat. In old English 
 and Scotch law. Respite ; delay ; contin- 
 uance of time ; postponement. Ponere in 
 respectum; to put in respite ; to respite or 
 continue. Glanv. lib. 12, c. 9. Fleta, 
 lib. 4, c. 5, § 11. jSTaSefiii respectum, OT 
 velit, certcB diei; shall have respite, if he 
 will, to a certain day. Reg. Maj. lib. 4, 
 c. 20. Spelman. 
 
 Time for payment. Mag. Cart. 9 Hen. 
 III. c. 19. 
 
 EESPL L. Fr. Delay; putting off. 
 Kelham. L. Fr. Diet. 
 
 EESPITE. [L. Lat. respectus, respectti- 
 atio.] Delay ; a putting off. The putting 
 off the execution of a capital sentence ; a 
 reprieve. 4 Bl. Com. 394. 
 
RES 
 
 (415) 
 
 RES 
 
 Continuance. In English practice, a 
 jury is said, on the record, to be respited 
 till the next term. 3 Bl. Com. 354. 
 
 RESPOIGNER, Bespoyner. L. Fr. To 
 answer. Respoignahle ; answerable. L. Fr. 
 Diet. 
 
 RESPONDE BOOK. In Scotch prac- 
 tice. A book kept by the directors of 
 chancery, in which are entered all non- 
 entry and relief duties payable by heirs 
 who take precepts from chancery. BelPs 
 Diet. 
 
 RESPONDEAT OUSTER, (or QUOD 
 RESPONDEAT OUSTER.) Lat. and 
 L. Fr. In practice. The judgment for 
 the plaintiff on a plea in abatement, that 
 the defendant answer over ; that is, answer 
 in a better manner, or put in a more sub- 
 stantial plea. 3 Bl. Com. 303, 397. 
 
 Respondeat superior. The superior or 
 master must answer. Let the principal 
 answer. The principal or master must an- 
 swer, or is responsible for the acts of his 
 agent or servant. 2 KenCs Com. 600. 
 Broom's Max. 374, 387, [668.] Fleta, 
 lib. 2, c. 70, § 14. Story on Agency, 
 § 308, 452. Expressed in law French, 
 
 Respondera son soveraigne. Artie sup. 
 
 Cliart. c. 18. 
 
 The rule of respondeat superior, or that 
 the master shall be civilly liable for the 
 tortious acts of his servant, is of universal 
 application, whether the act be one of 
 omission or commission; whether negli- 
 gent, fraudulent or deceitful. If it be 
 done in the course of his employment, the 
 master is liable; and it makes no differ- 
 ence that the master did not authorize or 
 even know of the servant's act or neglect ; 
 or even if he disapproved or forbade it, he 
 is equally liable, if the act be done in the 
 course of his servant's employment. Grier, 
 J. 14 Howard's R. 486. The rule applies 
 to municipal corporations, when in the ex- 
 ercise of ministerial or executive powers. 
 
 3 Comstock's R. 463. 1 Selden's R. 369. 
 
 4 Ohio St. R. 80. As to its applicability 
 in general, see 1 Selden's R, 49. 4 Ohio 
 St. R. 399. 5 Id. 38, 41. Held not to 
 apply so as to make a public officer re- 
 sponsible for the misconduct or malfeas- 
 ance of such persons as he is obliged to 
 employ. 3 ITilPs (N. Y.) R. 631. And 
 see United States Digest, Master and Ser- 
 vant. 
 
 RESPONDENT. [Lat. respondens, from 
 respondere, to answer.] In practice. A 
 party answering. A respondent in admi- 
 
 ralty answers to a defendant at common 
 law and in equity. A party against whom 
 an appeal is taken. 
 
 RESPONDENTIA. Lat. [from respon- 
 dere, to answer.] In mercantile law. A 
 loan of money upon the pledge of the 
 cargo of a vessel, to be repaid with mari- 
 time interest, if the subject arrives safe, or 
 if it shall not have been injured except by 
 its own defect, or the fault of the master 
 or mariners.* 3 Kent's Com. 354, 355. 
 Called respondentia, because it is generally 
 only a personal obligation on the bor- 
 rower, who is bound to answer the con- 
 tract. Id. ibid. 2 Bl. Com. 458. The 
 contract is executed in the form of a bond, 
 called a respondentia bond. 3 Kent's Com. 
 354. See Abbott on Ship. 150. 
 
 RESPONDES. L. Fr. Answer. Re- 
 spondes ov.stre ; answer over. Words of 
 the court used in giving judgment. Of 
 frequent occurrence in the Year Books. 
 P. 3 Hen. VL 13. T. 4 Hen. VL 5, 11, et 
 passim. M. 8 Hen. VL 22. M. 20 Hen. 
 VI. 23. R'nd's, R'n's, were contractions 
 of the word. Respondez a v' peril. T. 1 
 Edw. H. 14. 
 
 RESPONSA PRUDENTUM. Lat. In 
 the Roman law. Answers or opinions of 
 lawyers, jurists or jurisconsults. One of 
 the principal sources of Roman jurispru- 
 dence. 1 Kent's Com. 530, 532. 1 Mac- 
 keld. Civ. Law, 23, § 34. Id. 31, § 43. 
 Supposed to have partaken of the char- 
 acter of what are now called precedents or 
 reports. Butler's Co. Litt. Note 253, lib. 
 3. Tayl. Civ. Law, 217, 218. See an 
 example of a question and response, Dig. 
 28. 1. 27. 
 
 RESPONSALIS. L. Lat. In old Eng- 
 lish law. One who answered or gave 
 answer for another, {qui responsum defert.) 
 The term seems to be used by Glanville in 
 the sense oiattorney. Glanv. lib. 12, c. 1. 
 Steph. PL Appendix, Note (5.) But 
 Bracton makes a clear distinction between 
 the two offices, and is followed by Fleta. 
 Bract, fol. 212 b. But see Id. fol. 361 b'. 
 Fleta, lib. 4, c. 6. Lord Coke defines 
 responsalis to be " he that was appointed 
 by the tenant or defendant, in case of ex- 
 tremity and necessity, to allege the cause 
 of the party's absence, and to certify the 
 court upon what trial he will put himself 
 viz. the combat or the country." Co Litt 
 128 a. 
 
 In the canon law. A proctor ; one who 
 excuses an absent party. Oowell. 
 
RES 
 
 (416) 
 
 RES 
 
 RESPONSIBLE. Able to respond; 
 Able to pay a sum for -which, a person 
 may become liable. 6 Foster^s (N. H.) E. 
 521. 
 
 RESPONSIO. Lat. An answer. Re- 
 sponsio unius non omnino audiatur. The 
 
 atiswer of one witness shall not be beard at 
 all. A maxim of the Roman law of evi- 
 dence. 1 Greenl. Ev. § 260. 
 
 RESPONSURUS. Lat. In old prac- 
 tice. To answer. Fleta, lib. 3, c. 66, 
 8 11. The same with ad respondendum, 
 (q. V.) 
 
 RESSEANT. L.Fr. Continually abid- 
 ing; resident. Kelham. 
 
 RESSET. In Scotch law. Receipt or 
 harboring of a felon; concealment of 
 felony. Hesset of thift; concealment of 
 theft. Scotffs Minstrelsy of Scottish Bor- 
 der, Introd. App. viii. See Beset. 
 
 " REST and RESIDUE," in a will, may 
 in certain connections carry a fee ; but the 
 words attain their force from their juxta- 
 position with other words which fix the 
 sense in which the testator has used them. 
 Story, J. 10 Wheaton's B. 204, 235. See 
 1 Jarman on Wills, 658, 661, (567, 569, 
 Perkins' ed.) 
 
 RESTITUERE. Lat. In the civil law. 
 To restore. Distinguished from exhibere. 
 Dig. 50. 16. 22. As to the construction 
 of this word, see Id. 50. 16. 35, 75, 81, 
 246. Id. 50. 17. 173. 1. 
 
 RESTITUTIO IN INTEGRUM. Lat. 
 In the civil law. Restitution to a former 
 condition. Diff. 4. 1. The rescinding of 
 a contract or transaction, on grounds of 
 equity, and restoring the parties to the 
 situation in which they were before the 
 contract was made, or the transaction took 
 place. Heinecc. Elem. Jur. Civ. lib. 4, 
 tit. 6, §1150. 
 
 The restoration of a cause to its first 
 state, on petition of the party who was 
 cast, in order to have a second hearing. 
 Hallifax, Anal. b. 3, c. 9, num. 49. 
 
 RESTITUTION. [Lat. restitutio, from 
 restituere, to restore.] The yielding up 
 again or restoring of any thing unlawfully 
 taken from another. Oowell. The putting 
 one in possession of lands or tenements 
 who has been unlawfully disseised of them. 
 Id. If after money has been levied under 
 a writ of execution, the judgment be re- 
 versed by writ of error, or set aside, the 
 party, against whom the execution was sued 
 out shall have restitution. 2 Tidd's Pr. 
 1033. 1 Burr. Pr. 292. So, on convic- 
 
 tion of a felon, immediate restitution of 
 such of the goods stolen as are brought 
 into court, will be ordered to be made to 
 the several prosecutors. 4 Steph. Com. 434. 
 RESTITUTION OF CONJUGAL 
 RIGHTS. In English ecclesiastical law. 
 A species of matrimonial cause or suit 
 which is brought whenever either a hus- 
 band or wife is guilty of the injury of sub- 
 traction, or lives separate from the other 
 without any sufilcient reason; in which 
 case the ecclesiastical jurisdiction will com- 
 pel them to come together again, if either 
 party be weak enough to desire it, contrary 
 to the inclination of the other. 3 Bl. 
 Com. 94. 
 
 RESTITUTION, Writ of. In practice. 
 A writ which lies, after the reversal of a 
 judgment, to restore a party to all that he 
 has lost by occasion of the judgment. 2 
 Tidd's Pr. 1186. 
 
 RESTRAINING STATUTE. A stat- 
 ute which restrains the common law, 
 where it is too lax and luxuriant. 1 Bl. 
 Com. 87. Statutes restraining the powers 
 of corporations in regard to leases have 
 been so called in England. 2 Id. 319, 
 320. 
 
 In some of the United States, statutes 
 have been enacted, restraining the powers 
 of banking corporations. See the New- 
 York Restraining Act, 1 Bev. St. [711 — 
 713,] 707 — 711. Cleavelandon the Bank- 
 ing System, 39 — 49. 
 
 RESULTING TRUST. A trust raised 
 by implication, for the benefit of a party 
 granting an estate.* Thus, if the legal 
 estate in land be conveyed to A. upon such 
 trusts as the grantor shall thereafter ap- 
 point ; as such trusts are, prior to appoint- 
 ment, incapable of taking efiect, and as it 
 is clear that A. is not intended to hold the 
 land for his own benefit, there arises by 
 necessary implication, until the appoint- 
 ment be made, a trust for the grantor. 1 
 Steph. Com. 346. 2 Crabb's Beal Prop. 
 558, § 1777 a. Cruise's Big. tit. xii. ch. 
 1, sec. 61. 
 
 Various kinds of trust are ranked under 
 this head in the books, such as trusts raised 
 by implication for the benefit of a person 
 who advances the purchase money of an 
 estate, &c. 1 White's Equity Cases, 138, 
 and notes. 4 Renfs Com. 305, 306. 
 Cruise's Big. tit. xii. c. 1, sec. 40, et seq. 
 But these are rather implied than resulting 
 trusts, properly so called ; the term result- 
 ing, in strictness, importing a going back or 
 
RET 
 
 (417) 
 
 RET 
 
 reverting of an estate to the party from 
 ■whom it proceeded. 2 Crabb's Heal 
 Prop. 671, § 1706. 
 
 RESULTING- USE. A use which re- 
 turns back to a party conveying an estate.* 
 Thus, if A. conveys by feoffment or lease 
 and release to B. in fee, without considera- 
 tion, and without declaring any use, there 
 will be a resulting use, by implication of 
 law, to himself, the grantor, which use the 
 statute will execute accordingly. 1 Steph. 
 Com. 498. 2 CrabVs Heal Prop. 470, 
 § 1641, et seq. In fact, no estate passesin 
 such case from the grantor, but he remains 
 seised as before. 1 HilUard's Real Prop. 
 294, [297.] 
 
 RE-SUMMONITIO. L. Lat. [from re- 
 summonere, to re-summon.] In old prac- 
 tice. A re-suramons ; a second summons, 
 where the party did not appear on the first. 
 Fleta, lib. 5, c. 3, § 2. 
 
 RE-SUMMONS. [L. Lat. re-summonitio.] 
 In practice. A second summons. The 
 calling a person a second time to answer 
 an action, where the fifst summons is de- 
 feated upon any occasion, as the death of 
 a party, or the like. Cowell. 
 
 RESUMPTION. [L. Lat. resumptio.] 
 In old EngUshlaw. The taking again into 
 the king's hands such lands or tenements 
 as before, upon false suggestion, or other 
 error, he had delivered to the heir, or 
 granted by letters patent to any man. 
 Stat. 31 ITen. VL c. 7. Cowell. 
 
 RESYAUNT. L. Fr. and O. Eng. 
 Resident. " By people dwelling and resy- 
 aunt in the same counties." Stat. 8 Hen. 
 VL c. 7. 
 
 RETAINER. The retaining or keeping 
 by an executor or administrator, out of the 
 personal estate in his hands, of so much as 
 will pay a debt due himself by the testator 
 or intestate ; a species of redress by opera- 
 tion of law.* Z Bl. Com. 1%. If a person 
 indebted to another makes his creditor or 
 debtee his executor, or if such a creditor 
 obtains letters of administration to his 
 debtor ; in these cases, the law gives him 
 a remedy for his debt, by allowing him to 
 retain so much as wUl pay himself, before 
 any other creditors whose debts are of 
 equal degree. Id. ibid. 2 Id. 611. 2 
 Steph. Com. 247. 3 Id. 378. 1 CUtt. Qen. 
 Pr. 534, 668. 2 Williams on Exec. 894. 
 
 In New-York, executors or administra- 
 tors cannot retain in preference to other 
 debts of equal degree. 2 Rev. St. [88,] 
 29, § 33. 
 
 Vol. IL 
 
 RETAINER. In practice. The en- 
 gagement by a client, of an attorney, solici- 
 tor or counsel to act in his behalf; as to 
 institute, or to defend a suit, to try a cause 
 or the like. The special authority given by 
 a client to an attorney or solicitor, to act 
 in his behalf.* This authority is rarely 
 given in writing, though the propriety of 
 written retainers has been contended for 
 by high authority on such subjects. 2 
 Chitt. Gen. Pr. 18, 19. S Id. 115. 
 
 In English practice, a retainer, as applied 
 to counsel, is commonly used to signify a 
 notice given to a counsel by an attorney on 
 behalf of the plaintiff or defendant in an 
 action, in order to secure his services as 
 advocate when the cause comes on for 
 trial. Eolthouse. See 2 Chitt. Gen. Pr. 71. 
 
 RETAINING FEE. [Lat. merces reti- 
 nens.^ In practice. A fee given to a 
 counsel to secure his services, or rather, as 
 it has been said, to prevent the opposite 
 side from engaging them. Brande. The 
 first fee given to any seijeant or counsellor 
 at law, whereby to make him sure that he 
 shall not be on the contrary part, {hono- 
 rarium seu premium causidici proecedaneum,, 
 quo clienti suo obligatur ne adversarii cau- 
 sam agat.) Cowell. 
 
 RETALLIA. L. Lat. [from L. Fr. 
 retainer, to cut again.] In old English law. 
 Retail ; the cutting up again, or division 
 of a commodity into smaller parts. JVec 
 in grosso, nee ad retalliam ; neither in gross 
 [by wholesale] nor at retail. Reg. Orig. 
 184. 
 
 RETARE. L.Lat. In old English law. 
 To suspect ; to accuse. Retatus de murdro ; 
 accused of murder. Assis. de Clarendon, 
 temp. Hen. II. § 1. Spelman. De furto 
 retatus ; charged with theft. Cowell. See 
 Rettatus. 
 
 RETEINER, Retener. L. Fr. To re- 
 tain, or keep back ; to detain. Kelham. 
 
 RETENEMENTUM. In old English 
 law. Restraint ; detainment ; withholding. 
 A full and absolute conveyance was an- 
 ciently made in this phrase, — sine ullo 
 retenemento, (without any withholding.) 
 Cowell. 
 
 RETENTION. The right of retaining 
 property, until a debt due from the owner 
 of such property to him who retains it, is 
 paid. Holthouse. See lAen. 
 
 RETONDERE. L. Lat, In old Eng- 
 lish law. To clip. Retonsus; clipped. Dt 
 moneta retonsa; respecting clipped money 
 Fleta, lib. 1, c. 20, § 128. 
 27 
 
RET 
 
 (418) 
 
 RET 
 
 RETONSOR. L. Lat. [from retondere, 
 q. v.] In old English law. A clipper 
 of money. Fleta, lib. 1, c. 20, § 122. 
 
 RETORNA BREVIUM. L. Lat. In 
 old practice. The returns of writs. The 
 retorna hrevium day was the third day of 
 the term, so called, because the sheriff on 
 that day returned his writs into court. 
 CrahVs Hist. 218. 
 
 RETORNARE, Beturnare. L. Lat. In 
 old English practice. To return (a writ ;) 
 to return in execution of a writ. Ad brevia 
 fahum retornant responsum; make a false 
 return to the writs. Stat. Westm. c. 39. 
 Betornaverit ; shall have returned. Fhta, 
 lib. 2, c. 64, § 20. Betorn&sti ; you re- 
 turned. Id. § 21. Betornabile; return- 
 able. Beg. Orig. 2l6. 
 
 To return, or restore. Retomari facias; 
 you cause to be returned. Beg. Jud. 4. 
 
 RETORNUM. L.Lat. In old practice. 
 Return; a return. Fleta, lib. 2, c. 45, 
 §§ 4, 7. 
 
 RETOUNDER. L.Fr. To clip (money.) 
 Ceux que averount nostre monoye retoundu ; 
 those who have clipped our money. Britt. 
 c. 4. 
 
 RETOUR. In Scotch law. To return 
 a writ or brieve to the office in chancery 
 from which it issued.* Hubhaclc's JEvid. 
 of Succession, 597. See Betour of service. 
 
 RETOUR OF SERVICE. In Scotch 
 law. An authenticated copy of the verdict 
 of a jury (called a service) taken under a 
 brieve of succession, by which the legal 
 character of a party as heir is judicially 
 established.* HuhhacVs Evid. of Suc- 
 cession, 597. 1 Forbes' Inst, part 3, p. 80. 
 See BeWs Diet. 
 
 RETRAOTO TANTEO. Span. In 
 Spanish law. The right of revoking a con- 
 tract of sale ; the right of redemption of a 
 thing sold. White's New Becop. b. 2, tit. 
 13, c. 2, §4. 
 
 RETRACTTJS AQU^. L. Lat. In 
 old English law. Retreat of the water.* 
 Ebb, or low water; the retreat of tide. 
 Placit. Cor. Bege, Pasch. 30 Edw. L 
 apud Cantuar. Rot. 58. Cowell. 
 
 RETRACTUS FEUDALIS. L. Lat. 
 In old Scotch law. The power which a 
 superior possessed of paying off a debt 
 due to an adjudging creditor, and taking a 
 conveyance to the adjudication. Bell's Diet. 
 
 RETRAHERE. Lat. [from re, back, 
 and trahere, to draw.] In old English 
 practice. To drawback; to withdraw. Si 
 simpliciter se retrahat a brevi, non tamen 
 
 se retraxit ab actione, — nisi expresse dicat 
 quod se retrahat ab utroque ; if he merely 
 withdraw himself from the writ, he does 
 not thereby withdraw himself from the 
 action, unless he expressly says that he 
 withdraws himself from both. Bract, fol. 
 182 b. See Fleta, lib. 4, c. 1, § 1. 
 
 RETRAHO. Lat. In old practice. I 
 withdraw. Sed quicunque et qualitercun- 
 que se retraxerit, simpliciter sive dicat re- 
 traho The de brevi isto, vel recedo, vel nolo 
 amplius sequi, vel alio modo, impune non 
 recedit ; but whoever he may be, and in 
 whatever way he may have withdrawn 
 himself, whether he simply say, " I with- 
 draw myself from that writ," or " I retire," 
 or " I will not further prosecute," or in 
 any other way, he shall not withdraw with 
 impunity. Bract, fol. 1 82 h. This J)a3- 
 sage exhibits the original form of the pro- 
 ceedings by retraxit and nolle prosequi. 
 And see Fleta, lib. 4, c. 7, § 1. 
 
 RETRAICTER, Betrair, Betreir, Be- 
 trere. L. Fr. [from Lat. retrahere, q. v.] 
 To draw back; to withdraw. Kelham. 
 L. Fr. Diet. 
 
 RETRAIT. Fr. [from retraire, to draw 
 back.] In old French and Canadian law. 
 The taking back of a fief by the seignior, 
 in case of alienation by the vassal. Duru- 
 kin's Address, 93. 
 
 A right of preemption by the seignior, 
 in case of sale of the land by the grantee. 
 Id. 40. 
 
 RETRAXIT. L. Lat. [from retrahere, 
 q. v.] In practice. (He withdrew, or has 
 withdrawn.) An open and voluntary re- 
 nunciation by a plaintiff", of his suit, in 
 court, made when the trial is called on, by 
 which he forever loses his action, or is 
 barred from commencing another action 
 for the same cause. 3 Bl. Com. 296. 2 
 Arch. Pr. 250. So called from the em- 
 phatic word of entry on the record, that 
 the plaintiff withdrew, or has withdrawn. 
 The words actually used by the plaintiff 
 appear to have been "retraho me," (I with- 
 draw myself,) or " retraho me de brevi isto," 
 (I withdraw myself from this writ.) See 
 Betraho. The proceeding by retraxit has, 
 for the most part, become obsolete. See 
 17 Georgia B. 249. 
 
 RETRERE, Betreir, Betreher. L. Fr. 
 To draw back. Britt. c. 120. Tearb. M. 
 3 Edw. in. 40. 
 
 RETRET. L. Fr. [from retrere, q. v.] 
 Retreat; the drawing back or ebbing of 
 water. De un flat, et d' un retret d' la 
 
EET 
 
 (419) 
 
 RET 
 
 nieer ; of one flow or flood, and one ebb 
 of the sea. Britt. a. 123. See Retrac- 
 tus aquoe, Recessus maris. 
 
 EETRO. Lat. Back; backward; be- 
 hind. Retrofeodum ; a rere fief, or arriere 
 fief. Spelman. 
 
 EETROCOMITATUS. L. Lat. [from 
 retro, behind, and comitatus, county court.] 
 In old English law. The morrow after 
 the county court. Fleta, lib. 2, c, 67, 
 § 1 8. Translated by Spelman, rier county, 
 (q. V.) 
 
 RETROSPECTIVE, [from Lat. retrc- 
 spicere, to look back, from retro, back, and 
 aspic«»-e, to look.] Looking back; contem- 
 plating what is past. 
 
 RETROSPECTIVE LAW. A law 
 wlych retrospects or looks back; a law 
 which contemplates or affects an act done, 
 or a right accrued before its passage.* 
 Every statute which takes away or impairs 
 vested rights acquired under existing laws, 
 or creates a new obligation, imposes a new 
 duty, or attaches a new disability in re- 
 spect to transactions or considerations 
 already past, must be deemed retrospective. 
 Story, J. 2 Gallison's i?. 139. See 4 Texas 
 R. 470, 474—480. See Hx post facto. 
 
 RETROTRAHERE. Lat. In civil and 
 old English law. To draw back. Retro- 
 trahitur ; is drawn back ; operates retro- 
 spectively ; has relation back. Retrotrahi- 
 tur tempus ; the time relates back. Fleta, 
 
 lib. 1, c. 28, § 4. See Omiiis ratlhabitio, &c. 
 
 To recall or countermand. Fleta, lib. 2, 
 c. 3, § 5. 
 
 RETTARE, Retare. L. Lat. [from L. 
 Fr. rette, an accusation.] In old English 
 law. To accuse ; to charge with a crime. 
 Rettatus ; accused. Reg. Orig. 68 b. 
 Rettatiis de morte. Id. 133 b. See For- 
 tescue L. L. Angliae, c. 27, note; 
 
 RETTE. L. Fr. In old English law. 
 An accusation or charge. Quant clerk est 
 prise par rette de felony ; when a clerk is 
 taken on a charge of felony. Stat. Westm. 
 1, c. 2. 
 
 RETTER. L. Fr. In old English law. 
 To accuse ; to charge ; to lay to the charge ; 
 to account; in old English, to arret, or 
 arrect. Ceo purra il retter a sa negligence ; 
 he must charge this to his own negligence. 
 Britt. Ci 59. Geo poiesvett&c a vostre folly 
 demesne ; you may lay this to your own 
 folly. Tearb. H. 10 Edw. III. 8. II 
 serra rette la folly ; it shall be accounted 
 the folly. Litt. sect. 261. 
 
 RETTUM. L. Lat. [from L. Fr. rette, 
 
 q. v.] In old English law. An accusar 
 tion; a charge. Si clericus aliquis pro 
 crimine aliquo vel retto — arrestatus fuerit ; 
 if any clerk shall have been arrested for 
 any crime or charge. Stat. Marlhr. c. 28, 
 [27.] See Fortescue de L. L. Anglioe, a. 
 27, note. Nisi capti sunt per speciale pre- 
 ceptum nostrum, vel capitalis justitiarii 
 nostri, vel pro morte hominis, vel proforesta 
 nostra, vel pro aliquo alio retto quare se- 
 cundum consuetudinem Anglice non sunt re- 
 plegiahiles ; unless they have been taken 
 by our special command, or that of our 
 chief justice, or for the death of man, or 
 for our forest, or for any other charge 
 wherefor, according to the custom of Eng- 
 land, they are not repleviable. Reg. Orig. 
 77 b. Dyer, 61. The excepting clause 
 in the old writ de homine replegiando. In 
 Fitzherbert's Natura Brevium, the word 
 retto in this passage is translated right. F. 
 iV. 5. 66 F. And so in the English trans- 
 lation of Dyer. 
 
 RETURN. [L. Lat. retomum, returnum, 
 retornatio ; froniL. Fr. returner, (q. v.) or 
 retour, a turning back.] In practice. 
 Strictly, the carrying or sending back of 
 a writ to the court from which it issued, 
 by the oflicer to whom it was directed, in 
 compliance with its mandate to that effect; 
 the sheriff being reqired to have the writ 
 itself in court on a certain day.* 3 £1. 
 Com. 273, 275. Steph. PL 21. The re- 
 turn, however, as actually made, is not to 
 the court itself, but to the ofBce of its clerk, 
 which is considered as representing the 
 court for this purpose. 
 
 The answer made in writing by a sheriff, 
 or other officer, to the court out of which 
 a writ directed to him has been issued, 
 stating what he has done in execution of 
 it, or how he has executed it ; called by 
 the civilians, certificatorium. This answer 
 is endorsed on the writ in a certain pre- 
 scribed form, and is thus remitted or sent 
 back with it to the court.* Id. ibid. 
 
 The day in term on which sheriffs are 
 required to bring in their writs, and report 
 how far they have obeyed them. 3 Bl. 
 Com. 275, 277. Spelman, voc. Retorna. 
 Otherwise c'alled the return day, (q. v.) 
 
 To RETURN". [L. Fr. returner; L. Lat. 
 retornare, returnare, mittere.^ In practice. 
 To remit or send back a writ to the court 
 out of which it issued, with a memoran- 
 dum or certificate endorsed, of the manner 
 in which it has been executed.* " What- 
 ever the sheriff doe's in pursuance of the 
 
EETJ 
 
 (420) 
 
 REV 
 
 writ, he must return or certify to the court, 
 together with the writ itself." 3 £1. Com. 
 
 EETURN DAY. In practice. The 
 day on which a writ is appointed or re- 
 quired to be returned. Return days are 
 certain stated or fixed days in term on 
 which writs are returnable.* 3 Bl. Com. 
 211. In modern practice, the use of fixed 
 return days has been, to a considerable ex- 
 tent, dispensed with. See Stat. 2 Will. 
 IV. c. 39. 
 
 RETURNABLE. In practice. To be 
 returned ; appointed or required to be re- 
 turned.* 3 £1. Com. 211. 
 
 RETURNARE. L. Lat. In old Eng- 
 lish practice. To return; to re-deliver. 
 Seturnabit domino averia capta; he shall 
 return to the lord the beasts taken. Bract. 
 fol. 156. jRetumari facias ; you cause to 
 be returned. JReff. Jud. 61 b. 
 
 RETURNER. L. Fr. To return. Si 
 le visconte retume que el defendaunt soit 
 clerke ; if the sheriflF return that the de- 
 fendant is a clerk. Britt. c. 26. 
 
 RETURNUM, Retornum. L. Lat. In 
 old practice. Return ; a return. Retur- 
 num brevium ; return of writs. Fleta, 
 lib. 1, c. 19, § 4. 
 
 Returnum (or retornum') irreplegidble ; 
 return irreplevisable. A final return of 
 goods or chattels, admitting of no re- 
 plevin.* The name of a writ which issued 
 for a defendant in replevin, where he had 
 judgment on verdict or demurrer, or where 
 the plaintiff, after obtaining a writ of se- 
 cond deliverance, was non-suited a second 
 time. 3 Bl. Com. 150. Reg. Jud. 21. 
 
 REUS, [from res, a thing, matter, suit.] 
 In the civil and canon law. A person from 
 whom some thing is demanded by suit ; a 
 person complained of by suit ; a person 
 judicially called upon to make satisfaction 
 for an injury ; a person sued ; a defendant. 
 Calv. Lex. Bract, fol. 106, 106 b. Fleta, 
 lib. 2, c. 61, § 2. 3 Bl. Com. 25. 4 Reeves' 
 Hist. 11. Favorabiliores rei potius qnam 
 adores habentur. Defendants are regarded 
 more favorably than plaintiffs. Dig. 50. 
 
 17. 125. Reus excipiendo fit actor. The 
 
 defendant, by excepting or pleading, be- 
 comes a plaintiff; that is, where, instead of 
 simply denying the plaintiff's action, he 
 sets up some new matter in defence, he is 
 bound to establish it by proof, just as a 
 plaintiff is bound to prove his cause of ac- 
 tion. Bounier Tr. des Preuves, §§ 152, 
 320. Beat on Evid. 294, § 252. 
 
 A person judicially accused of a crime ; 
 a person criminally proceeded against. 
 HalUfax, Anal. b. 3, c. 13, num. 1. 
 
 A party to a suit, whether plaintiff or 
 defendant ; a litigant. This was the ancient 
 sense of the word. Calv. Lex. Heinecc. 
 Elem. Jur. Civ. lib. 3, tit. 16, § 841. 
 
 A party to a contract. Reus stipulandi ; 
 a party stipulating, {qui stipulatur;) the 
 party who asked the question in the form 
 prescribed for stipulations. Reus promit- 
 tendi ; a party promising, {qui promittit ;) 
 the party who answered the question. Inst. 
 3. 16. Dig. 45. 2. 1. HalUfax, Anal. b. 
 2, c. 16, num. 3. Reus credendi ; the 
 party crediting; a creditor. Reus debendi ; 
 the party owing ; a debtor. Id. ibid. Calv. 
 
 REVE, or GREVE. [Lat. gerefa,' or 
 refa, from rcefan, to seize.] In English 
 law. A chief officer or superintendent, 
 {prmpositus, prcefectus.) Properly, accord- 
 ing to Spelman, a collector or exactor of 
 public monies or fines. 
 
 Shire-reve; the reve or chief officer 
 of the shire, {pagi jrrcepositus.) Hence 
 sheriff. 
 
 Tun-greve ; the reve or chief officer of 
 a town, {villoB prcepositus.) Afterwards 
 simply called reve, and bailiff. Spelman. 
 See Reeve. 
 
 REVE LAND. In Saxon law. Land 
 over which the shire-^eve, or sheriff, had 
 jurisdiction. 1 Reeves^ Hist. Eng. Law, 5. 
 This word occurs in Domesday Book, and 
 is explained by Lord Coke to be "land 
 held by socage." Co. Litt. 86 a. It is 
 otherwise explained to be, land left in 
 charge of the reve or bailiff of a manor. 
 Cowell. 
 
 REVE MOTE. In Saxon law. The 
 court of the reve, reeve, or shire-reeve. 1 
 Reeves' Hist. Eng. Law, 6. 
 
 REVENDICATION. In the civil law. 
 The right of a vendor to reclaim goods 
 sold, out of the possession of the purchaser, 
 where the price was not paid. Story's 
 Confl. Laws, § 401. Wharton's Lex. 
 
 REVENIR, Revener. L. Fr. ■ To come 
 back ; to return. Kelham. L. Fr. Diet. 
 
 REVENUE. L. Fr. and Eng. [from 
 revenir, q. v.] That which returns, or is 
 returned; a rent, (reditus.) Income; an- 
 nual profit received from lands or other 
 property.* Cowell. 
 
 REVERA. Lat. In truth; in fact. 
 Fleta, lib. 2, c. 60, § 21. 
 
 To REVERSE. To turn back ; to act 
 
KEY 
 
 (421) 
 
 REV 
 
 in an opposite direction ; to undo or annul, 
 on the ground of error. 
 
 EEVERSER. In Scotch law. The 
 proprietor of an estate who grants a wad- 
 set (or mortgage) of his lands, and who 
 has a right, on repayment of the money 
 advanced to him, to be replaced in his right. 
 Beirs Bid. 
 
 REVERSIO. L. Lat. [from reverti, to 
 return.] In old English law. The return- 
 ing of land to the donor. Fleta, lib. 3, cc. 
 10, 12. 
 
 REVERSION. [Lat. reversio, from re- 
 verti, to return.] Literally, a returning ; or 
 that which returns.* The returning of 
 land into the possession of the donor, or his 
 heirs, after the gift is ended. Oo. Lift. 
 14? b. — The residue of an estate left in the 
 grantor, to commence in possession after 
 the determination of some particular estate 
 granted out by him. 2 Bl. Com. 11 5. Thus, 
 where a lease for life or years is made by a 
 person seised in fee, the reversion or resi- 
 due of the fee continues in the lessor, and 
 on the expiration of the lease, the posses- 
 sion returns to him.* 
 
 Mr. Stephen, in his New Commentaries, 
 substitutes in place of Blackstone's defi- 
 nition, the following : " An estate in rever- 
 sion is where any estate is derived, by grant 
 or otherwise, out of a larger one, leaving in 
 the original owner an ulterior estate imme- 
 diately expectant on that which is so de- 
 rived; the latter interest is called the 
 particular estate, (as being only a small 
 part or particula of the original one,) and 
 the ulterior interest, the reversion." i 
 Steph. Com. 290. — The Revised Statutes 
 of New-York have defined a reversion to 
 be " the residue of an estate left in the 
 grantor, or his heirs, or in the heirs of a 
 testator, commencing in possession on the 
 determination of a particular estate granted 
 or devised." 1 Hev. St. [723,] 718, § 12. 
 Perhaps the briefest definition, consistent 
 with retaining the radical idea of the word, 
 is, — " a return of an estate to the original 
 or general owner, or his heirs, after a limited 
 or less estate carved out of it, and conveyed 
 by him, has determined." See 4 Kent's 
 Com. 354. 
 
 REVERSIONARY INTEREST. The 
 interest which a person has in the reversion 
 of lands or other property. A right to the 
 future enjoyment of property, at present in 
 the possession or occupation of another. 
 SoUhouse. See Meversion. 
 REVERSIONER. A person having the 
 
 reversion of an estate; a person entitled to 
 a reversion. See 2 £1 Com. 176. 
 
 REVERTER. L. Fr. and Eng. The 
 reverting or going back of lands to a donor, 
 his heirs or assigns.* 3 £1. Com. 192. 
 See Formedon in the reverter. 
 
 REVERTL Lat. In old English law. 
 To return. Fleta, lib. 3, c. 10, § 1. 
 
 REVEST. To vest again. A seisin is 
 said to revest, where it is acquired a sec- 
 ond timei by the party out of whom it has 
 been devested. 1 Roper's Hush. & Wife, 
 353. 
 
 REVESTIRE. L. Lat. In old Euro- 
 pean law. To return or resign an investi- 
 ture, seisin or possession that has been re- 
 ceived; tore-invest; to re-enfeofil Spel- 
 man. 
 
 REVIEW, £ill of. In equity practice. 
 A bill, in the nature of a writ of error, filed 
 to procure an examination and alteration or 
 reversal of a decree made upon a former 
 bill, which decree has been signed and en- 
 rolled. Story's Eq. PL % 403. 
 
 REVIEW, Commission of. In English 
 ecclesiastical law. A commission formerly 
 sometimes granted, in extraordinary cases, 
 to revise the sentence of the court of dele- 
 gates, when it was apprehended they had 
 been led into a material error. 3 £1. Com. 
 61. 
 
 REVISING BARRISTERS. In Eng- 
 lish law. Barristers appointed to revise 
 the lists of voters for county and borough 
 members of parliament, and who hold 
 courts for that purpose in the autumn 
 throughout the country. Wharton's Lex. 
 REVIVOR, £ill of In equity practice. 
 A bill filed to revive and continue the pro- 
 ceedings, whenever there is an abatement 
 of a suit, before its final consummation, by 
 the death or marriage of one of the original 
 parties.* Stwy's Eq. PI. 354. 
 
 REVOCATION. [Lat. revocatio,ix<ynx 
 revocare, to call back!] The calling back 
 of a thing granted or act done, thereby an- 
 nulling it, or putting an end to its legal 
 effect. The most important applications 
 of this word are to testamentary disposi- 
 tions, to agencies and powers ; but it is 
 also sometimes applied in practice, as to 
 judges' orders, &e. See Revoke. As to 
 the revocation of a will, see 1 Jarman on 
 Wills, 106— 173, (150—205, Perkins' ed. 
 1859.) 4 Kent's Com. 520—534. 
 
 REVOKE, [from Lat. revocare, from re, 
 again, and vocare, to call.] To call back ; 
 to recall; to annul an act by calling or 
 
REX 
 
 (422) 
 
 RIE 
 
 taking it back The -word is property ex- 
 pressive of the voluntary act of a party in 
 matters within his discretion. 
 
 REWARD. [Lat. prcemium, merces.'] 
 Compensation or remuneration for services. 
 Frequency used in law, in connection with 
 the word/ee. 
 
 A sum of money paid or taken for doing 
 or forbearing to do some act. 
 
 REWME. 0. Eng. [from L. Fr. reaume.] 
 In old records. Realm; kingdom. "In 
 the name of Fader, Son and Holy Ghost, 
 I, Henry of Lancaster, chalenge this rewme 
 of Ynglonde an d the croun, with all the mem- 
 bers and the appurtenances, als I that am 
 descendit be right line of the blode comyng 
 fro the gude Lord King Henry therde, 
 and thorgho that right that God, of his 
 grace, hath sent mee, with helpe of my 
 kyn and of my frendes to recover it ; the 
 which rewme was in poynt to be ondone 
 for defaut of governance and undoyng of 
 the gude laws." Claim of Henry, Duke 
 of Lancaster, (afterwards Henry IV.) to 
 the crown of England. 1 State Trials, 
 152. 
 
 REX. Lat. In old English law. King; 
 a king; the king. Bex debet esse sub lege, 
 quia lexfacit regein, ; the king ought to be 
 under the law, because the law makes the 
 king. 1 Bl. Com. 239. 
 
 Bsx non potest peccare. The king can- 
 not do wrong ; the king can do no wrong. 
 2 Boll. R. 304. An ancient and funda- 
 mental principle of the English Constitution. 
 Jenk. Cent. 9, case 16. Id. 308, case 84. 
 1 Bl. Com. 246. This maxim is explained 
 by Blackstone to mean, first, that whatever 
 is exceptionable in the conduct of public 
 affairs, is not to be imputed to the king, 
 nor is he answerable personally for it to his 
 people ; and secondly, that the prerogative 
 of the crown extends not to do any injury ; 
 it is created for the benefit of the people, 
 and therefore cannot be exerted to their 
 prejudice. Id. ibid. And see a more de- 
 tailed explanation in Broom's Maxims, 
 23—26, [40—45.] 
 
 Eei nunquam moritnr. The king never 
 
 dies. Broom's Max. 22. The law of Eng- 
 land ascribes to the king, in his political 
 capacity, an absolute immortality ; and im- 
 mediately upon tlie decease of the reigning 
 prince, in his natural capacity, the kingly 
 dignity and the prerogatives and political 
 capacities of the supreme magistrate, by 
 act of law, without any interregnum or in- 
 terval, vest at once in his successor, who is, 
 
 eo instante, king, to all intents and pur- 
 poses. 1 Bl. Com. 249. 
 
 RHODIAN LAW. [Lat. Lex Bhodia.] 
 A code of maritime law, established and 
 promulgated by the Rhodians, or inhabi- 
 tants of the Island of Rhodes, and the old- 
 est collection of the kind now known. 
 Only some fragments of it, however, have 
 been preserved, which are contained in a 
 single title of the Pandect's. Dig. 14, 2 ; 
 De lege Bhodia deJactu. 3 Kenfs Com. 3, 4. 
 
 A collection of laws, published in 1561 
 and 1596, under the ii\\.& oi Bhodian laws, 
 has been recognised by some eminent jurists 
 as the ancient Rhodian laws, but pronounced 
 by others to be spurious. 3 Kenfs Com. 4, 
 and note. The correct opinion, probably, 
 on this point, is that of M. Pardessus, — that 
 it is a genuine compilation, but of comparar 
 tively modern date, being a collection of 
 the laws and usages which prevailed in the 
 Mediterranean during the middle ages. 
 Lois Mar. torn. i. 336. 3 Kents Com. 
 uh. sup. 
 
 RIBALDTJS. L. Lat. [from Fr. ribauld, 
 ribaud.l In old European law. A worth- 
 less person ; a vagabond ; a rogue or rufiSan. 
 Spelman. It was not always, however, 
 used in a bad sense, but sometimes denoted 
 an inferior attendant or servant. Id. 
 
 RIBAUD, Bybaud. L. Fr. A vile or 
 worthless person ; a vagabond ; a ruflSan. 
 Britt. c. 25. 
 
 RICOHOME. Span. In Spanish law. 
 A nobleman ; a count or baron. Whitens 
 New Becop. b. 1, tit. 5, c. 3, § 4. 
 
 RIDER. A separate piece of parch- 
 ment tacked to a bill in parliament, con- 
 taining a new clause added after the bill 
 has been read a third time.* 1 Bl. Com. 
 183. It seems to have been also spelled 
 
 RIDER (or RIDDER) ROLL. In old 
 English practice. A schedule or small 
 piece of parchment added to some part of 
 a roll or record. Cowell. Blount. A sup- 
 plementary roll. 2 Tidd's Pr. '730. 
 
 RIDING. A division of the county of 
 York in England, of which there are three ; 
 the East Riding, North Riding and West 
 Riding. Considered to be a corruption of 
 trithing, (q. v.) 3 Bl. Com. 116. 
 
 RIENCULP. L. Fr. In old pleading. 
 Not guilty. Tearb. H. 9 Hen. VL 16. 
 M. 10 Hen. VL 53. 
 
 RIBN DIT. L. Fr. In old pleading. 
 Says nothing, {nil dicit.) Tearb. M. 8 Hen. 
 VL 16. 
 
RIG 
 
 (423) 
 
 RIG 
 
 EIEN LTJY DOIT. L. Fr. In old 
 pleading. Owes him nothing. The plea 
 of nil debet. Tearh. M. 3 Hen. VI. 16. 
 
 Wm^, Rien, Byen. L.Fr. Nothing. 
 Liu. sect. 53. 
 
 RIENSENAREERE. L.Fr. Nothing 
 in arrear. A plea in an action of debt for 
 arrearages of account. Gowell. 
 
 A plea in an action of debt for rent. 1 
 Tidd's Pr. 650. JSoscoe's Heal Act. 4Y5. 
 
 A plea to an avowry in replevin. Jd. 
 638. 2 Oreenl. Ev. § 566. A quasi gene- 
 ral issue. 2 Seidell's R. 141. 
 
 RIENS LOUR DEUST. L. Fr. Not 
 their debt. An old form of the plea of 
 nil debet. 2 Reeves' Hist. 332. 
 
 RIENS PASSA PEE LE FAIT. L. 
 Fr. Nothing passed by the deed. A plea 
 by which a party might avoid the opera- 
 tion of a deed, which had been enrolled or 
 acknowledged in court ; the plea of non 
 est factum not being allowed in such case. 
 Tearb. 9 Hen. VI. 60. 1 Oilb. Evid. 
 145. See 2 Hilliard's Real Prop. 399, 
 [422.] 
 
 RIENS PER DISCENT. L. Fr. No- 
 thing by discent. The plea of an heir, 
 where he is sued for his ancestor's debt, 
 and has no land from him by descent, or 
 assets in his hands, Cro. Car, 151. 1 
 Tidd's Pr. 645. 2 Id. 937. 
 
 RIEE COUNTY. [L. Lat. retrocomi- 
 tatus, q. v.] In old English law. After- 
 county ; i. e. after the end of the county 
 court. A time and place appointed by 
 the sheriff for the receipt of the king's 
 money after the end of his county, or 
 county court. Gowell. Fleta (lib. 2, c. 
 67,) calls it the day after the county, {dies 
 crastinus post comitatum.) It is opposed 
 to open county, (that is, open county 
 court,) in the statute 2 Edw. III. c. 5. 
 
 RIFLETUM. L. Lat. In old records. 
 A coppice or thicket. Cowell. 
 
 RIFFLURA, Rufflura, Ruflura. L. 
 Lat. [from O. Eng. rufflyn, to disorder.] 
 Jn old English criminal law. A slight re- 
 moval of the skin ; a scratch, (scarifi- 
 catio, decortatio.) Bract, fol. 144, 145. 
 Fleta., lib. 1, c. 41, § 3. Spelman. 
 
 RIGA. L. Lat. In old European law. 
 A species of service and tribute rendered 
 to their lords by agricultural tenants. Sup- 
 posed by Spelman to be derived from the 
 name of a certain portion of land, called 
 in England a rig or ridge, an elevated 
 piece of ground, formed out of several 
 farrows. 
 
 RIGHT. [Sax. riht, Germ, m^, L. Fr. 
 droit, droict, dreit, dreyt ; from Lat. rectus, 
 reciMTO, straight, upright ; Lat. ^ms.] Jus- 
 tice ; equity. This seems to have been the 
 sense of the word in the old writ of right ; 
 the person to whom it was directed being 
 commanded to " do full right [plenum rec- 
 tum teneatis) to the demandant," " that we 
 may hear no more clamor thereupon for 
 want of right," {pro defectu recti.) Reg. 
 Orig. 1. The word jus, it will be seen, 
 is not used. See Writ of right. 
 
 That which one person ought to have 
 or receive from another, it being withheld 
 from him, or not in his possession. In 
 this sense, right has the force of claim, and 
 i» properly expressed by the Latin jus. 
 Lord Coke considers this to be the proper 
 signification of the word, especially in 
 writs and pleadings, where an estate is 
 turned to a right, as by discontinuance, dis- 
 seisin, &c. Co. Litt. 345 a. 
 
 That interest which a person actually 
 has in any subject of property, entitling 
 him to hold or convey it at pleasure.* 
 An estate in esse in conveyances. Co. 
 Litt. 345 a. In this sense, right {jus) has 
 the force of ownership or property. Lord 
 Coke, comparing the terms i-ight and title,' 
 observes that " title is the more general 
 word, for every right is a title, but every 
 title is not such a right for which an action 
 lies." Co.Ziifi!. 345 b. Sir Matthew Hale 
 distinguishes between the right of an es- 
 tate and the title of an estate. Sal^s 
 Anal. sect, xxxii. 
 
 That which a person, having it, is en- 
 titled to keep and enjoy, and to be pro- 
 tected by law in its enjoyment; as the 
 right of personal liberty, and other rights 
 of persons. See 1 Bl. Com. 129. 
 
 An interest in a thing ; a claim to hold 
 or use it ; or to have some benefit in or 
 from it. 
 
 RIGHT. [L. Lat. rettum, q. v.] In 
 old English law. An accusation or charga 
 of crime. F. N. B. 66 F. 
 
 RIGHT AND TITLE. A devise by a 
 testator of "all my right'' will carry an 
 estate of inheritance, if there be nothing 
 in the other parts of the will to limit or 
 control the operation of the words. 4 
 Kenfs Com. 535. A devise of freehold 
 lands, with " all right and title" to the 
 same, carries the fee. 4 Moore <k P. 445. 
 2 Jarman on Wills,!^^, (141, Perkins' edN 
 _ RIGHT OF POSSESSION, [L. Lat. 
 jus possessionis,] considered separately 
 
EIN 
 
 (424) 
 
 KIO 
 
 from the actual possession of lands, is the 
 right of a person disseised or kept out of 
 possession by another, to recover the pos- 
 session by action. United with possession, 
 it is considered by Blackstone the second 
 step to a good and perfect title. 2 Bl. 
 Com. 196. 
 
 RIGHT OF PROPERTY. [Lat. >s 
 proprietaiis.'] The mere right of property 
 in land ; the abstract right which remains 
 to the owner after he has lost the right of 
 possession, and to recover which the writ 
 of right was given. See 2 £1. Com. 197 
 — 199. United with possession, and the 
 right of possession, this right constitutes 
 a complete title to lands, tenements and 
 hereditaments. Id. ibid. 
 
 RIGHT OF SEARCH. See Search, 
 Right of. 
 
 RIGHT OF WAY. See Way. 
 RIGHT TO BEGIN. [Lat. ordo inci- 
 piendi.'] In English practice. The right 
 to open a case, or the evidence in a case, 
 at the trial. So far as the pleadings are 
 concerned, the right to begin is always the 
 plaintiff's, as the pleadings are always 
 opened by him or his counsel, and never 
 by the defendant. And in regard to the 
 proofs, the plaintiff also has, in most cases, 
 the right to begin, even where the affirma- 
 tive of the issue is, in point of form, with 
 the defendant. See £est on Evid. 474 — 
 478, §§ 433—435. See 5 Ad. <& Ml. 
 (N. S.) 447. 9 Graiian's B. 16. United 
 States Digest, Trial. 
 
 RIGHT. [Lat. rectus.] Direct; up- 
 right; as the right line of descent. See 
 Linea recta. 
 
 Lawful; proper; true; as right heirs, 
 (Fr. droits heirs et urayes.) Britt. c. 119. 
 Legal, as distinguished from equitable. 
 See Dominium directum. 
 
 .RIGHTS OF PERSONS. [Lat. jura 
 personarum.] Rights which concern and 
 are annexed to the persons of men. 1 Bl. 
 Com. 122. 
 
 RIGHTS OF THINGS. [Lat. jura 
 rerum.'l Rights which may be acquired 
 over external objects or things unconnect- 
 ed with the person.* 1 Bl. Com. 122. 
 
 RIGOR JURIS. L. Lat. Strictness of 
 law. Latch, 150. Distinguished from 
 gratia curiae ; favor of the court. Id. 
 
 RINGA. L. Lat. In old English law. 
 A belt, or girdle ; a sword-belt. Bract. 
 fol. 6 b. Spelman. 
 
 _ RINGS, GIVING. In English prac- 
 tice. A custom observed by Serjeants at 
 
 law, on being called to that degree or or- 
 der. The rings are given to the judges, 
 and bear certain mottoes according to the 
 fancy of the giver. See the English re- 
 ports, passim. This is a relic of the very 
 imposing ceremonies once connected with 
 the assumption of the degree, which are 
 detailed with great minuteness in some of 
 the old reports. See Serjeant at law. 
 The giving of rings was formerly a very 
 considerable item in the expenses incurred 
 on such occasions, every newly created Ser- 
 jeant being required to make presents of 
 gold rings to the value, in the whole, of 
 forty pounds at the least, English money, 
 or nearly 200Z. in modern currency. For- 
 tescue de L. L. Anglice, c. 60, and note. 
 " I very well remember," observes Sir John 
 Fortescue, " when I took upon me the state 
 and degree of a Serjeant at law, that my 
 bill for gold rings came to fifty pounds." 
 Id. ibid. 
 
 RIOT. [L. Lat. riota, riotUim, from Fr. 
 riotte, a brawl, or a band by which things 
 are tied in bundles.] In criminal law. The 
 forcible or violent doing of an act against 
 the peace, by three or more persons assem- 
 bled together for that purpose.* Cowell. 
 — The assembling of three or more per- 
 sons against the public peace, and their 
 unlawful action thereupon. Spelman. A 
 riot, being usually the act of large numbers 
 of persons, is otherwise described as " a 
 tumultuous disturbance of the peace by 
 three persons, or more, assembling together 
 of their own authority, with an intent 
 mutually to assist one another against any 
 who shall oppose them in the execution of 
 some enterprise of a private nature, and 
 afterwards actually executing the same in 
 a violent and turbulent manner, to the ter- 
 ror of the people, whether the act intend- 
 ed were of itself lawful or unlawful." 4 
 Steph. Com. 278. 1 Russell on Crimes, 
 266, (Am. ed. 1850,) and notes. Whar- 
 ton's Am. Grim. law, § 2474y et seq. Id. 
 §§ 2456—2472. 
 
 RIOTOSE. L. Lat. Riotously. A 
 formal and essential word in old indict- 
 ments for riots. 2 Stra. 834. Riotose et 
 routose; riotously and routously. 2 Salk. 
 593 
 
 RIOTOUS ASSEMBLY. In English 
 criminal law. The unlawful assembling of 
 twelve persons or more, to the disturbance 
 of the peace, and not dispersing upon pro- 
 clamation. 4 Bl. Com. 142. 4 Steph. Com. 
 273. 
 
KIP 
 
 (425) 
 
 EIOTOHSLY. In criminal pleading. 
 A technical word properly used in an in- 
 dictment for a riot, and ex vi termini im- 
 plying violence. 2 Chitt, Crim. Law, 488, 
 •490, note (f.) 2 Sess. Cas. 13, cited ibid. 
 /•In the English forms, " riotously and rou- 
 tously " is the expression invariably used. 
 2 Chltt. 0. L. ub. sup. 3 Burr. 1262. 
 And this has been adopted in American 
 practice. WhartorCs Prec. of Indict. 849, 
 et seq. (ed. 1857.) 
 
 RIPA. Lat. In the civil law. The 
 bank of a river; that which contains or 
 encloses a river at its fullest height, {ea quce 
 plenissimum Jlumen continet.) Big. 43. 12. 
 3. 1. That which contains the river, hold- 
 ing the natural force of its current, {id 
 quod Jlumen continet, naturalem rigorem 
 cursus sui tenens.) Idi 43. 12. 1. 6. Ei- 
 parum usus publicus est jure gentium, sicut 
 ipsius fiuminis; by the law of nations, the 
 use of a river's banks is as public as that 
 of the river itself. Inst. 2. 1. 4. Dig. 1. 
 8. 6, pr. Bract, fol. 8. Fleta, lib. 3, c. 1, 
 § 5. Loccen. de Jur. Mar. lib. 1, c. 6, § 12. 
 The bank, side or border of a port ; a 
 wharf. Hale de Jur. Mar. pars 2, (de port, 
 mar.) c. 6. 
 
 RIP ARIA, Bivaria. L. Lat. In old 
 English law. A river. Nee villa nee homo 
 distringatur facere ponies ad riparias nisi 
 qui ex antiquo etde jure facere debet. Nulla 
 riparia de cetero defendatur, &c. ; nor shall 
 a vill nor a man be distrained to make 
 ■ bridges at rivers, unless one who ought to 
 do it according to custom and law. No 
 river shall henceforth be defended, &c. 
 Mag. Cart. 9 Hen. III. cc. 15, 16. Prnites 
 ad riparias. Id. Johan. c. 23. De ripa- 
 riis quce posita sunt in defense; concern- 
 ing rivers which are put in defence. Id. 
 c. 47. And see Stat. Westm. 2, c. 48. 
 2 Inst. 478. Hale de Jur. Mar. pars 1, 
 c. 2. 
 
 RIPARIAN. [Lat. riparius, from ripa, 
 a bank] Belonging or relating to the 
 bank of a river ; of or on the bank. 
 
 RIPARIAN OWNER or PROPRIE- 
 TOR. The owner or prgprietor of land 
 on the bank of a river or stream.* 3 
 Kent's Com. 427—432. See 2 Selden'sB. 
 522. 
 
 RIPARIAN RIGHTS. The rights of 
 the owners of lands on the banks of rivers 
 and streams. 3 Kenfs Com. 427 — 432. 
 
 RIPATICUM. L. Lat. [from ripa, a 
 bank.] In old European law. A revenue 
 derived from the banks of rivers. Feud. 
 
 RIV 
 
 Loccen. de Jur. Mar. lib. 
 
 Uh. 2, tit. 56. 
 1, c. 6, § 13. 
 
 RIPE. L. Fr. [Lat. ripa\ Bank ; a 
 bank. Dyer, 33, (Fr. ed.) 
 
 RIPUARIAN LAW. [Lat. Lex Bipu- 
 ariorumi] An ancient code of laws by 
 which the Ripuarii, a tribe of Franks who 
 occupied the country upon the Rhine, the 
 Meuse and the Scheldt, were governed. 
 They were first reduced to writing by The- 
 odoric, king of Austrasia, and completed 
 by Dagobert. Spelman, voc. Lex Bipua- 
 riorum. Fsprit des Loix, liv. 28, c. 1. 
 Butler's Co. Litt. Note 77, to lib. 3. But- 
 ler's Hor. Jur. 84. According to Spel- 
 man, many of the provisions of this code 
 were copied into the laws of Henry I. of 
 England. 
 
 RISCUS. L. Lat. In the civil law. A 
 chest for the keeping of clothing. Calv, 
 Lex. 
 
 In old pleading. A trunk. CVo. Jac. 664. 
 
 RISICUM. L. Lat. In old insurance 
 law.. Risk ; hazard ; peril. Straccha, 
 Gloss. 16. ilmerig. Tr. des Ass. ch. 12. 
 
 RISK. [Fr. risque; L. Lat. risicum ; 
 Lat. periculum.] In insurance law. A 
 peril, hazard, or danger; an adventure; a 
 chance of loss. See 1 Marshall on Ins. 
 214, et seq. 3 Kent's Com. 253, 291. 
 
 RISTOURNE. Fr. In insurance law. 
 The dissolution of a policy or contract of 
 insurance, for any cause. Emerig. Tr. des 
 Ass. ch. 16. 
 
 RITE. Lat. In due form. "The rule 
 of presumption is ut res rite acta est," 
 (that a thing is done in due form.) Lord 
 EUenborough, 8 Fast, 248. See Omnia 
 prffisumiintur rite, &c. 
 
 EIVAGE. Fr. In French maritime 
 law. Shore; the shore of the sea. Ord. 
 Mar. liv. 4, tit. 7. 
 
 RIVARIA. L. Lat. In old English 
 law. A river. De forestis et rivariis. 
 Artie. Mag. Cart. Johan. c. 39. 
 
 RIVER. [Lat. flumen.] A body of 
 running water confined between two oppo- 
 site sides or banks, (ripce.)* A running 
 stream, pent in on either side with walls 
 and banks. Callis on Sewers, [77,] 95. 
 Woolri/ch on Sewers, 51. A water-course 
 of the larger kind. See Angell on Water- 
 Courses, § 3, and note. A river consists 
 of water, bed and banks. See 13 How- 
 ard's B. 381, 415. See S Bob. Adm.B. 
 341. 3 Grattan's B. 655. 
 
 RIVERA. L. Lat. In old European 
 law. A river. Spelman. 
 
EOB 
 
 (426) 
 
 ROB 
 
 RIVIATION. In old English law. The 
 use of a river for the purposes of fishing, 
 &c. Hale de Jur. Mar. pars 1, c. 2. 
 
 EIVUS. Lat. In the civil law. A 
 trench for water to pass. Defined by Ul- 
 pian, a place sunk for a distance along, 
 where water may run, (locus per longitudi- 
 nem depressus quo aqua decurrat.) Dig. 
 43. 21. 1. 2. Derived by the same writer 
 from the Gr. jicX^, to flow. 
 
 In old English law. The channel of a 
 water-course. Bract, fol. 233. Fleta, lib. 
 4, c. 2V, § 10. Both these writers adopt 
 the definition of the Digests, {supra,) word 
 for word. 
 
 EIXA. Lat. In the civil law. A 
 quarrel; a strife of words, (verbosa conten- 
 tio.) Calv. Lex. 
 
 EIXATRIX. L. Lat. In old English 
 law. A scold ; a scolding or quarrelsome 
 woman. 4 Bl. Com. 168. 6 Mod. 11, 239. 
 
 R'NA. A contraction oiRegina, (queen.) 
 1 Inst. 01. 12. 
 
 E'N'S. A contraction of Hespondes, 
 (answer.) Yearb. H. 3 Hen. VL 32. 
 
 EOAD. [Fr. rade.~\ In maritime law. 
 An open passage of the sea,- that receives 
 its denomination commonly from some 
 part adjacent ; which, though it lie out at 
 sea, yet, in respect of the situation of the 
 land adjacent, and the depth and wideness 
 of the place, is a safe place for the com- 
 mon riding or anchoring of ships, as Do- 
 ver Eoad, Kirkley Eoad, &c. Hale de 
 Jur. Mar. pars 2, (de port, mar.) c. 2. 
 
 EOADSTED. In maritime law. A 
 known general station for ships, (statio 
 tutissima nautis,) notoriously used as such, 
 and distinguished by the name; and not 
 any spot where an anchor will find bot- 
 tom and fix itself. Sir Wm. Scott, (The 
 Eebekah,) 1 Sob. Adm. B. 232. 
 
 EOBA, Rauba. Ital. and Lat. In old 
 English law. A garment ; a robe. Spel- 
 man. Unam robam de viridi; one robe 
 of green. Bract, fol. 146. 
 
 EOBAEIA. L. Lat. [from roha, a robe 
 or garment.] In old English law. Rob- 
 bery. In' its original sense, the violent 
 taking of one's robe, (ro6a) or garment. 
 Spelman. Bracton writes the word robe- 
 ria, (q. v.) Fleta, robberia, (q. v.) 
 
 ROBATOR. L. Lat. [from roba, a robe.] 
 In old English law. A robber. Robaiores; 
 robbers. Hoveden, part. post, in Ric. I. 
 A. D. 1198. Sturdy thieves, who falling 
 upon the persons of men, plunder them of 
 their goods (latrones validi, qui in personas 
 
 hominum insilientes, bona sua diripiunt.) 
 Spelman. So called originally, because 
 they spoiled travellers of their robes, or 
 garments. Id. Bracton writes the word 
 robbator, (q. v.) • 
 
 ROBBARE. L. Lat. In old English 
 law. To rob ; to take away violently. Do- 
 cere oportet quod de custodia sua robbata 
 fuerit; he ought to show that it was rob- 
 bed out of his custody. Bract, fol. 146. 
 Fleta, lib. 1, c. 39, § 3. 
 
 ROBBATOR. L. Lat. [from robbare, 
 q. v.] In old English law. A robber. 
 Robbatores et burglatores ; robbers and 
 burglars. Bract, fol. 115 b. Fleta, lib. 2, 
 c. 52, § 9. 
 
 ROBBER. L. Fr. To rob. Robbe; 
 robbed. Emble ou robbe ; stolen or rob- 
 bed. Britt. c. 4. Robbans; robbing. Id. 
 c. 15. 
 
 ROBBERIA. L. Lat. In old English 
 law. Robbery. Fleta, lib. 1, c. 39. 
 
 ROBBERY. [L. Fr. rohberie ; L. Lat. 
 robaria, roberia, robberia, (qq. v. ;) Lat. ra- 
 pina-l In criminal law. A felonious taking 
 away of a man's goods from his person. 
 Co. Litl. 288 a. — The felonious and forcible 
 taking from the person of another, of goods 
 or money, to any value, by violence or put- 
 ting him in fear. 4 Bl. Com. 242. — A 
 felonious taking of money or goods of any 
 value from the person of another, or in his 
 presence, against his will, by violence, or 
 putting him in fear. 1 Russell on Crimes, 
 867. Wharton's Am. Crim. Law, § 1695 
 —1704. 
 
 *;ij*This word is a slight variation 
 from the Fr. robberie, (probably its imme- 
 diate origin,) and is derived by Spelman 
 (through its L. Lat. form, robaria, or robe- 
 ria,) from roba, or rauba, a robB or gar- 
 ment. Robatores, (robbers,) he observes, 
 were originally so called because they 
 spoiled travellers of their robes, or gar- 
 ments, (primo sic dicti quod viatores robis 
 seu raubis, i. vestibus spoliarent,) from 
 which circumstance, robbery of this kind 
 is at this day called by the Germans rauli, 
 and to rob, raabm. Spelman, voc. Roba- 
 ria. Lord Coke substantially adopts the 
 same derivation, although he applies it 
 differently ; robbery is so called, " because 
 the goods are taken, as it were, de la robe, 
 from the robe, that is, from the person." 
 Co. Litt. 288 a. This derivation is not 
 noticed by Webster, but it is strikingly 
 confirmed by the following passage from 
 Bracton, being the commencement of the 
 
EOD 
 
 (427) 
 
 EOL 
 
 old appeal of robbery: A. appellat B. quod 
 sicutfuit in pace domini regis, tali loco, tali ' 
 die, dc. venit idem B. cum vi sua, et negui- 
 ter, et in felonia, et contra pacem domini 
 regis, et in roberia abstulit ei 0. s. Hi. d. et 
 unum equum talis pretii, et unam robam 
 de viridi talis precii ; A. appeals (accuses) 
 B. that as he was in the peace of the lord 
 the ting, in such a place, on such a day, 
 &c. the said B. came with his force, and 
 wickedly and feloniously, and against the 
 peace of the lord the king, and in robbery 
 [that is, as a robber] took away from him 
 a hundred shillings and three pence, and 
 one horse of such a price, and one robe of 
 vert [of green] of such a price. Bract. 
 fol. 146. 
 
 ROBBOUR, Robour. L. Fr. [from rob- 
 ber, to rob.] A robber. Be robbours et 
 de larouns ; of robbers and of thieves. 
 Britt. c. 15. Yearh. M. 3 Edw. II. 55. 
 
 ROBE. Fr. A term used by the peo- 
 ple of the sea, for a vessel's cargo. Span- 
 ish and Italian navigators use the same 
 word in the same way. It is, says Cleirac, 
 nome generalisimo che comprende boni mo- 
 bili, immobili et merci. Further on ho 
 says, it is the same with xf'^l^'^ ™ Greek, 
 res in Latin, and bien or richesse in French, 
 and comes from the French desrober or the 
 Spanish robar, (Anglice, to rob.) Mere- 
 dilh's Emerigon on Ins. 359, 360, note. 
 
 ROBERIA. L. Lat. In old English 
 law. Robbery. In robberia; in robbery ; 
 in the manner of a robber ; as a robber. 
 Bract, fol. 146. 
 
 ROBERDSMEN, Bobersmen. In old 
 English law. Persons who, in the reign of 
 Richard I. committed great outrages ^on 
 the borders of England and Scotland. 
 Said to have been the followers of Robert 
 Hood, or Robin Hood. 4 Bl. Com. 245. 
 3 Inst. 197. 
 
 ROBUR BELLI. Lat. Strength of 
 war. Words used by Bracton in explain- 
 ing the meaning of the word barones, 
 (barons.) Bract, fol. 5 b. Quoted in 2 
 State Trials, 1358. 
 
 RODA. L. Lat. In old English law. 
 A rod, or perch. A measure of land. 
 Spelman. 
 
 RODKNIGHTS, Rodhnyghts. [from 
 Sax. rod, road, and cnyt, an attendant.] 
 In old English law. Mounted retainers; 
 vassals or tenants whose service was to 
 ride with their lord or lady, from manor 
 to manor. Bract, fol. 79 b. Spelman. 
 Fleta, lib. 3, c. 14, § 7. 
 
 ROGARE. Lat. In the Roman law. 
 To ask. Rogare legem; to ask for a law, 
 to propose it for adoption. Derivatively, 
 to vote for a law thus proposed, to pass a 
 law. Laws were passed in the assemblies 
 of the people, in the form of asking and 
 answering a question. The consuls asked, 
 " Velitis, jubeatis, Quirites ?" (Do you so 
 will, or order, Romans ?) Those who were 
 in favor of the law, in giving their vote, 
 answered, '■'■Uti rogas, volo, vel jubeo ;" 
 (As you ask, I will or order ;) or, when 
 the vote was by tablet or ballot, they 
 threw in a ballot, marked with the letters 
 U. R. {uti rogas.) Calv. Lex. Adam's 
 Rom. Ant. 97—100. A. Gell. Noct. Att. 
 X. 20. Tayl. Civ. Law, 9, 155. 
 
 In modern legislative assemblies, also, 
 laws are passed by the same formula of in- 
 terrogation. The question " Shall the bill 
 pass ?" may be compared to the " Velitis, 
 jubeatis?" of the Romans. 
 
 ROGATIO. Lat. [from rogare, q. v.] 
 In the Roman law. An asking ; a ques- 
 tion or interrogation. An asking for a 
 law ; a proposal of a law for adoption or 
 passage. Derivatively, a law passed by 
 such a form. Gellius calls it the very 
 head, origin and fountain of all popular 
 legislation. Noct.. Att. x. 20. 7. Laws 
 are passed at the present day by the same 
 form of taking a question. 
 
 ROGATOR. Lat. [from rogare, q. v.] 
 In the Roman law. The proposer of a law. 
 Tayl. Civ. Law, 195. 
 
 ROGO. Lat. In the Roman law. I 
 ask. A common word in wills. Big. 30. 
 108. 13, 14. Id. 31. 77. 25. 
 
 ROGUE. In English criminal law. A 
 sturdy beggar; a vagrant of either sex. 
 The word is commonly associated with 
 vagabond in English statutes, though 
 neither seems to be anywhere explicitly 
 defined. The statute 5 Geo. IV. c. 83, 
 (amended by 1 & 2 Vict. c. 38,) enu- 
 merates fourteen different descriptions of 
 persons as coming under the general head 
 of "rogues and vagabonds." 4 Steph. Com. 
 309. 
 
 ROIAIJME. L.Fr. Realm; kingdom. 
 Conf. Cartar. 25 Edw. I. 
 ROIGN. L. Fr. Queen. 1 And. 44. 
 ROL, Route, Roly. L. Fr. A roll. 
 Kelham. See Roule. 
 
 ROLL. [L. Fr. roule ; L. Lat. rotulus ; 
 Lat. volumen.'] In practice. A sheet, or 
 connected series of sheets, of parchment, 
 upon which the records of courts and other 
 
EOL 
 
 (428) 
 
 EOT 
 
 proceedings are written ; and which, when 
 completed, is rolled up, and permanently 
 iept in that form. See Rotulus. 
 
 In English practice, there were formerly 
 a great variety of these rolls, appropriated 
 to the different proceedings ; such as the 
 warrant of attorney roll ; the process roll ; 
 the recognizance roll ; the imparlance roll ; 
 the plea YoW; the iMwe roll ; iha judgment 
 roll ; the scire facias roll ; and the roll of 
 proceedings on writs of error. 2 Tidd's 
 Pr. 729, 730. 
 _ The ancient public records of Great Brit- 
 ain consist of a great variety of Rolls ; as 
 the Eolls of Parliament, the most important 
 branch ; the Charter Eolls, the Patent 
 Eolls, the Close Rolls ; the Gascon, Nor- 
 man, French, Eoman, Scotch and Welch 
 Eolls; the Coronation Eolls; the Pipe 
 Eolls ; the Memoranda Eolls, and others ; 
 the Eolls of the Curia Regis, (fee. See all 
 these particularly described in ITubback's 
 Evidence of Succession, 607 — 636. 
 
 Eolls, (rotuli) and counter-rolls, [contra 
 rotuli) were anciently kept by coroners and 
 sheriffs. See Fleta, lib. 1, c. 18. But 
 none of these appear to have been pre- 
 served. Eolls were also kept by ordinary 
 persons, such as bailiffs and receivers of 
 moneys ; and with these rolls and tallies 
 accounts were kept. See Fleta, lib. 2, c. 
 70, § 11. 
 
 EOLL. In modern practice. A term 
 applied to judicial and other records, 
 whether kept on parchment or paper, and 
 although rarely or never rolled up, or kept 
 in roll form. In this respect, the word has 
 entirely departed from its original and ap- 
 propriate signification. 
 
 EOLLS OFFICE OF THE CHAN- 
 CEEY. An office in Chancery lane, Lon- 
 don, where are deposited the rolls and 
 records of the High Court of Chancery, of 
 which the Master of the Rolls (q. v.) is, by 
 virtue of his office, the keeper. Anciently 
 called Domus Conversorum, (q. v.) 
 
 EOLLS OF PAELIAMENT. A series 
 of rolls commencing in the reign of Edward 
 I. and forming, according to Mr. Habbaok, 
 by far the most important branch of the 
 public records of the kingdom, from their 
 antiquity, and the multiplicity of subjects 
 which, in the earlier periods of English 
 history, came before the parliament. Some 
 of these Eolls are kept in the Chapter- 
 House at Westminster, others in the Tower, 
 and the rest in the Chapel of the Eolls. 
 ITubb. Eoid. of Succession, 600—613. 
 
 EOMAN LAW, in a general sense, com- 
 prehends all the laws which prevailed 
 among the Eomans, without regard to 
 the time of their origin, including the col- 
 lections of Justinian, (now generally de- 
 nominated the civil law}) 1 Mackeld. Civ. 
 Law, 9, § 18. 
 
 In a more restricted sense, the Germans 
 understand by this term, merely the law of 
 Justinian, s& adopted by them. Id. note. 
 In England and the United States, how- 
 ever, there seems a propriety in limiting 
 its application to all the laws of the times 
 anterior to Justinian, distinguishing the 
 collections of that emperor by the term 
 civil law. Butl. Hor. Jur. 30. It is 
 clear that a large portion of the Roman 
 law was excluded from the Corpus Juris 
 Civilis. 
 
 EOMESCOT. [from Rome,_ and Sax. 
 sceat, tribute.] In old English law. An 
 annual tribute of one penny from every 
 family, paid to Eome at the feast of St. 
 Peter. Otherwise called Romepenny, Pe- 
 terpence, and Rome fee, (Eome-feah.) Spel- 
 man. Cowell. 
 
 " EOOM," held not to import a place of 
 public resort. 4 Ohio St. R. 467. 
 
 EOSETUM. L. Lat. In old records. 
 A low watery place of reeds and marshes. 
 Cowell. 
 
 EOTA. L. Lat. Succession ; rotation. 
 "Rota of presentations," "rota of the 
 terms." 2 W. Bl. 772, 773. 
 
 EOTA. The name of a court held at 
 Genoa, in or previous to the sixteenth 
 century, the decisions of which, in maritime 
 and commercial cases, arc contained in the 
 work of Straccha De Mercatura. These 
 decisions are much admired for their equity 
 and wisdom, and are frequently referred to 
 by Eoccus, in his treatise De Navibus et 
 Naulo. See IngersolVs Roccus, Note iii. 
 
 EOTA. Span. In Spanish law. Ob- 
 literated. Whitens New Recop. b. 3, tit. 
 7, c. 6, § 2. 
 
 EOTHEE BEASTS. In old English 
 law. Horned cattle. Cowell. 
 
 EOTULUS. L. Lat. In old English 
 law. A roll, composed of one or more skins 
 {memhrance) of parchment ; a record on a 
 parchment roll. See Bract, fol. 352 b. 
 
 EOTCTLUS WINTONI^. L.Lat. The 
 EoU of Winton, or Winchester. A terni 
 sometimes applied to Domesday Book. 
 But, according to Spelman, it was properly 
 the" name of a similar record made by King 
 Alfred. 
 
ROY 
 
 (429) 
 
 RUL 
 
 ROTURE. Fr. In old Frenci and 
 Canadian law. A free tenure without the 
 privilege of nobility ; the tenure of a free 
 commoner. See Dunkiri's Address, 6. 
 
 ROTUKIER. Fr. In old French and 
 Canadian law. A free tenant of land on 
 services exigible either in money or in kind. 
 Steph. Lect. 229. A free commoner; one 
 who held of a superior, but could have no 
 inferior below him. Dunkin's Address, 
 5, 6. 
 
 UOJJLE, EouUe. L.Fr. A roll. Briii. 
 c. 1, 26. Conf. Cart. 25 Edw. I. Fet 
 Assaver, § 30. 
 
 ROUP. Sc. In Scotch law. A sale 
 by auction. BelVs Diet. voc. Auction. 
 
 ROUT. [L. Lat. TOMila.] In English cri- 
 minal law. A disturbance of the peace by 
 persons assembling together with an inten- 
 tion to do a thing, which, if it be executed, 
 will make them rioters, and actually making 
 a motion towards the execution thereof. 
 4 Steph. Com. 278. — The unlawful assem- 
 bling of a number of persons with intent 
 to commit by violence some unlawful act. 
 Spelman. 
 
 ROUTA, Ruta, Rutta, Rotta. L. Lat. 
 [from Germ, xaii, a ball, band, or company ; 
 Grseco-barb. jmra., from Lat. rota, a wheel.] 
 In^ old European law. A company ; a 
 band; a troop. Spelman. Hence the 
 English rout, (q. v.) which the Saxons 
 called loth. 
 
 ROUTE. Fr. In French insurance 
 law. The way that is taken to make the 
 voyage insured, {iter viagii.) The direc- 
 tion of the voyage assured. Emerig. Tr. 
 des Ass. ch. 13, sect. 5, § 1. 
 
 ROUTOUSLY. [L. Lat. routose:\ In 
 pleading. A technical word in indictments, 
 generally coupled with the word riotously, 
 (q. V.) 2 Chitt. Crim. Law, 488. 
 
 ROY, Rei/, Rei. L.Fr. King; a king; 
 the king. Britt. fol. 1. Kelham. 
 
 Roy n'est lie per ascun statute, si il ne soit 
 expressement nosme. The king is not bound 
 by any statute, if he be not expressly named 
 to be so bound. Jenk. Cent. 307. Brooni's 
 Max. 31, [50.] 
 
 ROYAL FISH. [Lat. piscis regalis.] 
 Whale and sturgeon ; so called in English 
 law, as belonging to the king by preroga- 
 tive, when thrown ashore, or caught near 
 the coast. A branch of the king's ordinary 
 revenue. I Bl. Com. 290. 2 Steph. Com. 
 654. JTaWs Anal. sect. viii. According 
 to Sir Matthew Hale, there are but three 
 royal fish, viz., sturgeon, porpoise, and 
 
 balsena, which is usually rendered a whale. 
 Hale de Jur. Mar. pars 1, c. 7. In the 
 Black Book of the Admiralty, they are 
 mentioned as "whales, balens, sturgeon, 
 porpoise ou grampise." Cited ibid. The 
 latter word Hale translates " great fish." 
 
 ROYAL MINES. In English law. 
 Mines of silver and gold. 1 Bl. Com. 
 294. 
 
 ROYNE, Roygn, Roygne, Roign. L. Fr. 
 Queen ; a queen ; the queen. Kelham. 
 Yearb. P. 11 Hen. VL 20. 1 And. 44. 
 Dyer, 94. 
 
 ROYNES. In old English law. Streams; 
 currents, or other usual passages of rivers 
 and running waters. Cowell. 
 
 R'S. A contraction of Regis. 1 Instr. 
 Cler 1 2 
 
 RUBRIC, [from Lat. ruber, red.] In 
 Scotch law. The title of a statute. So 
 termed because anciently it was written in 
 red letters. Bell's Diet. 
 
 RUCHE. L. Fr. A bee-hive, made of 
 rushes. Kelham. 
 
 RUINA. Lat. In the civil law. Ruin ; 
 the falling of a house. Big. 47. 9. 
 
 RULE. L. Fr. and Eng. [from Lat. 
 regula.~\ In practice. An order made by 
 a court for the regulation of its practice ; 
 otherwise called a general rule, (regula 
 generalis.) 
 
 An order made a court between the 
 parties to an action or suit, either upon the 
 actual motion of counsel, or without motion. 
 A rule of court is distinguished from a 
 judge's order. See Order. 
 
 RULE NISI. In practice. A rule to 
 show cause why a party should not do a 
 certain act required, or why the object of 
 the rule should not be enforced; a rule 
 which is made absolute after service, urt- 
 less [nisi) good cause is shown to the con- 
 trary. 
 
 To RULE. In practice. To require by 
 rule ; to enter a rule against. To rule a 
 sheriff to return a writ, is to enter a rule 
 requiring him to return it. 
 
 To determine or decide. A court is said 
 to rule a point ; to rule in favor of one or 
 the other party. 
 
 RULE IN SHELLEY'S CASE. A 
 celebrated rule in English law, propounded 
 in. Lord Coke's reports in the following 
 form, — ^that whenever a man, by any gift 
 or conveyance, takes an estate of freehold, 
 and in the same gift or conveyance an estate 
 is limited, either mediately or immediately, 
 to his heirs in fee or in tail, the word Aeir« 
 
RUN 
 
 (430) 
 
 EUR 
 
 IS a word of limitation and not ot purchase. 
 1 Co. 104 a, Shelley'' s case. In other 
 words, it is to be understood as expressing 
 the quantity of estate which the party is to 
 tate, and not as conferring any distinct es- 
 tate on the persons who may become his 
 representatives. 1 Steph. Com. 308. Or, 
 as it may be more concisely expressed, the 
 limitation to the heirs entitles the ancestor 
 to the whole estate. 1 Preston on Estates, 
 263. 4 Kent's Com. 215. See 3 Mary- 
 land B. 505. 
 
 RULE OF 1756. In international law. 
 A rule relating to the trade of neutral na- 
 tions in time of war, first practically estab- 
 lished in the year 1756 ; the substance of 
 which is, — that neutrals are not to carry 
 on with a belligerent power a trade not 
 open to them in time of peace. 1 Kent's 
 Com. 82—85. 
 
 RULES. In American practice. This 
 term is sometimes used to denote proceed- 
 ings in an action out of court, or in vaca- 
 tion, and the times of such proceedings. 
 Thus, in Virginia, " an irregularity commit- 
 ted at rules may be corrected at the next 
 term of the court." 12 Grattan's B. 312. 
 "At the August rules, 1852, the declara- 
 tion was filed and a common order taken." 
 Id. ibid. 
 
 RULES OF THE KING'S BENCH 
 PRISON. In English practice. Certain 
 limits beyond the walls of the prison, within 
 which all prisoners in custody in civil ac- 
 tions were allowed to live, upon giving 
 security by bond, with two sufficient 
 sureties, to the marshal, not to escape, 
 and paying him a certain per centage 
 on the amount of the debts for which 
 they were detained. Bagley's Pr. Holt- 
 
 The term " rules'" has sometimes been 
 used in this sense in American practice. 
 3 Bibb's B. 202. 
 
 RUMPERE. Lat. In the civil law. 
 To break ; to revoke. Rumpitur testamen- 
 tum cum, in eodem statu manente testatore, 
 ipsius testamenti jus vitiatur ; a testament 
 is broken when, the testator remaining in 
 the same state, the legal force of the testa- 
 ment itself is destroyed. Inst. 2. l7. 1. A 
 testament was thus broken (ruptum,) by 
 the subsequent adoption of a child, or by 
 the making of a subsequent testament. Id. 
 2.17.1,2,3. See Biff. 28. 3. 
 
 To RUN. [Lat. currere ; L. Fr. courir.'\ 
 To operate ; to have or take eflFect. A 
 statute of limitations is said to run against 
 
 a claim, to commence running, to continue 
 to run, &c. See Currere. 
 
 To pass ; to follow ; to go with, or ac- 
 company. A covenant is said to run with 
 land, where it is inseparably annexed to 
 the estate, and passes with it. See Cove- 
 nant running with land. 
 
 RUN. In American law. A water- 
 course of smaller size. 2 Bibb's B. 354. 
 
 RUNCARIA, Boncaria. L. Lat. [L. 
 Fr. rqncier.^ In old English law. Land 
 full of brambles and briers. Co. Lift. 5 a. 
 
 RUNCINUS. L. Lat. In old English 
 law. A load-horse ; a sumpter horse or 
 cart-horse ; a rowncy, as Chaucer calls it. 
 Domesd. titt. Norfolk. Bex H. de Oalgow. 
 Spelman. 
 
 RUNNING ACCOUNT. An open un- 
 settled account, as distinguished from a 
 stated and liquidated account. "Run- 
 ning accounts mean mutual accounts and 
 reciprocal demands between the parties, 
 which accounts and demands remain open 
 and unsettled." Blackford, J. 1 Indiana 
 B. (Carter,) 335. 
 
 RUNNING DAYS. In maritime law. 
 Days allowed in a charter-party, for load- 
 ing and unloading a vessel, and for other 
 purposes. Abbott on Ship. 254, 255, 
 259 
 
 RUN-RIG. Sc. In Scotch law. 'a 
 species of land tenure. Explained to 
 mean, " furrow by furrow, that is, a certain 
 narrow space." 7 Wils. & Shaw's B. 
 378. 
 
 RUPTA. L. Lat. In old records. A 
 band or troop. Cowell. Spelman. 
 
 Buptarii ; soldiers ; troopers. Id. 
 
 RUPTUM. Lat. [from rumpere, q. v.] 
 In the civil law. Broken. A term ap- 
 plied to a will ; {ruptum iestamentum.) 
 Inst. 2. 17. 3. Big. 28. 8. 
 
 RUPTURA. L. Lat. [from rumpere, to 
 break.] In old records. Grounds broken 
 up, (by the plough;) arable land. Orderic. 
 Vital, lib. 5, p. 596. Cowell. 
 
 RURAL DEAN. [L. Lat. decanus ru- 
 ralis.~\ In English ecclesiastical law. An 
 ancient officer of the church, now grown 
 out of use, otherwise called bishop's dean, 
 {decanus episcopi.) A kind of bishop's 
 deputy, appointed to inspect the conduct 
 of the parochial clergy, and clothed with 
 an inferior degree of judicial and coercive 
 authority.* 1 Bl. Com. 383. Spelman, 
 voc. Becanus. 
 
 RURAL SERVITUDE. [Lai. servitus 
 prcedii rustici.J In the civU law. A ser- 
 
s 
 
 (431) 
 
 SAC 
 
 vitude annexed to a rural estate, (prcedium 
 rusticum.) 1 Mackeld. Civ. Law, 338, 
 § 309. 
 
 EUSCA, Ruscha. L. Lat. [from L. Fr. 
 ruche.'\ In old English law. A hive, or 
 bee-hive, (mellarium, alveare.) Spelman. 
 Cowell. 
 
 RUSCARIA. L. Lat. In old English 
 law. Soil where rusci, or kneeholm grows. 
 Co. Liu. 5 a. 
 
 EUSSATI, Russetti. L. Lat. In old 
 English law. Eussets ; a kind of cloth 
 mentioned in Magna Charta, (c. 25.) 
 
 EUSTICI. Lat. [from rus, country.] 
 In feudal law. Natives of a conquered 
 country. Feud. Lib. 2, tit. 27, §§ 9 — 11. 2 
 Bl. Com. 413. 
 
 In old English law. Inferior country 
 tenants, churls, or chorls, [Sax. ceorleSjl 
 who held cottages and lands by the ser- 
 vices of ploughing, and other labors of 
 . agriculture, for the lord. Paroch. Antiq. 
 136. Cowell. 
 
 EUSTICUM JUDICIUM. L. Lat. In 
 maritime law. A rough or rude judgment 
 or decision. 3 Kent's Com. 231. Story 
 on Bailmt § 608 a. 
 
 EUTA ET CJESA. Lat. In the civil 
 law. Things dug, (as sand and lime,) and 
 things cut, (as wood, coal, &o.) Dig. 19. 
 1. 17. 6. Words used in conveyancing. 
 
 EUTAEII, Ruttarii. L. Lat. In old 
 records. Stipendiary forces ; mercenary 
 soldiers. Cowell. This word occurs in 
 the Articles of King John's Magna Charta, 
 (c. 4,) but is omitted in the charter itself. 
 See Rupiarii. 
 
 EYBAUD. L. Fr. In old English 
 law. A ruffian; a vagabond. Brownl. 
 (part 2,) 340. 
 
 RYCHE. L. Fr. Eich. Poure ou 
 ryche. Britt. c. 68. 
 
 EYVAILLE. L.Fr. Shore. Eyyaille 
 de la meer ; sea-shore. Britt. c. 23. 
 
 EYVIEE. L. Fr. A river. Kelham. 
 
 S. 
 
 S. The common abbreviation of Salu- 
 iem, in the epistolary correspondence of 
 the Eomans. See Salutem. 
 
 S. A common abbreviation of scilicet, 
 (to wit,) in the old books. Dyer, 2, 31 b. 
 Bract, passim. 
 
 S. F. S. An abbreviation, in the civil 
 law, of sine fraude sua, (without fraud on 
 his part.) Calv. Lex, 
 
 S. P. An abbreviation of sine prole, (q. v.) 
 
 SA ET LA, L. Fr, Here and there, 
 ICelham. 
 
 SAAL, Sagel. L. Fr. A seal, Kelham. 
 
 8ABBATUM. Lat. In old records. 
 Peace ; rest, Postguam Willielmus Rex 
 advenit et sedebat in sabba'to, &c, ; after 
 King William came and settled in peace, 
 &c, Domesday, cited in Spelman. 
 
 SABULO, Lat, In old English law. 
 Gravel. Hale de Jur. Mar. pars 1, c. 6, 
 
 SABULONAEIUM, L. Lat. [from sa- 
 bulo, q. v.] In old records, A gravel- 
 pit, or the free use of it. Cowell. 
 
 SABUEEA, L, Lat. In old maritime 
 law. Ballast. Loccen. de Jur, Mar. lib, 
 2, c, 1, § 7, 
 
 SAC, SAK, [L. Lat, saca, sacha ; from 
 Sax, sac, a cause, sake,] In old English 
 and Scotch law. The cognizance which a 
 lord had in his court, of causes and suits 
 arising among his vassals or tenants. The 
 privilege which a lord had within his ma- 
 nor, of holding pleas of trespasses and 
 other controversies arising there, and of 
 imposing, levying and collecting of his 
 tenants, fines and amercements in regard 
 of the same, Spelman. Bract. io\. \54:\i. 
 — A privilege touching plea, or correction of 
 trespasses of men within a manor. Min- 
 shew, cited in Cowell. Rastal, JExpos. 
 
 A forfeiture. Id. ibid. 
 
 SACA, Sacca, Sacha. L, Lat, In old Eng- 
 lish and Scotch law. Sak or sac, (q, v,) LL. 
 Edw. Conf. c. 21. Reg. Maj. lib. 1, c. 4, § 2, 
 
 SACABUETH, Sakaburth, Saccabor, 
 Sacaber, Sachorgh. Sax, [Sc. sacreborgh, 
 sickerborgh ; L. Fr. sakeber.] In old Eng- 
 lish law. The person from whom a thing 
 had been stolen, and by whom the thief, 
 having it on 'his person, was freshly pur- 
 sued. Vbi latro deprehensus est seysitus 
 de aliquo latrocinio, — et insecutus fuerit 
 per aliquem cujus res ilia fuerit, qui dici- 
 <Mr sakaburth. Bract, fol. 150 b. Inse- 
 cutus per saccabor. Id. fol, ] 54 b, In- 
 secutus per aliquem cujus res ilia fuerit 
 gucB dicitur sacborgh. Fleta, lib, 1, c. 38 
 § 1. See Id. c. 47, § 2. ' 
 
 Spelman supposes this word to import 
 the same thing with the Scotch sickerborgh 
 that is, a sure pledge ; from sicker, sure' 
 and borgh, a pledge ; the finding of the thing 
 stolen on the person of the thief when 
 caught, being considered the surest pledge 
 or token of his guilt. Or it might be so 
 called from sac, a cause or prosecution 
 and burh, a pledge ; the thing stolen be- 
 ing, as it were, the pledge or proof of cause 
 
SAC 
 
 (432) 
 
 SAC 
 
 of action. Or, in the form saccabor, or 
 sacaber, it might mean one who bears, 
 brings, or prosecuies a cause, (saca.) Lord 
 Coke interprets sakebere, sacbere or sac- 
 burgh, (as he writes the word,) to mean 
 one who " did bear the baff," from " sak, an 
 ancient French word, signifying a bag, 
 purse or pouch," being, in legal under- 
 standing, he that was robbed of his money 
 in his bag. 3 Inst. 69. 
 
 SACCABOR. Sax. In old English 
 law. The person from whom a thing had 
 been stolen, and by whom the thief was 
 freshly pursued. Bract, fol. 154 b. See 
 Sdcaburth. 
 
 SACCULARII. Lat. [from saccus, a 
 bag or purse.] In the civil law. Persons 
 who cheated in wares or money, by means 
 of sacks or bags which they carried with 
 them ; (yeiitas in sacculo artes exercentes.) 
 Dig. 47. 11. 7, and gloss, ire mar^. Black- 
 stone, referring to this passage, translates 
 the word culpurses. 4 Bl. Com. 24:2. But 
 this is hardly warranted by the text. 
 
 SACCUS. L. Lat. _ In old Eng:lish 
 law. A sack. A quantity of wool weigh- 
 ing thirty or twenty-eight stone. Fleta, 
 lib. 2, c. 79, §10. According to Cowell, 
 twenty-six stone. Two ways made a sack, 
 and twelve sacks a last. Fleta, lib. 2, c. 
 12, § 2. 
 
 A sack or pack ; a pack-saddle. Fleta, 
 lib. 2, c. 21. 
 
 In a MS. compotus or household book of 
 Bolton Priory, in the possession of the Duke 
 of Devonshire, (A. D. 1851,) the ductor 
 saccorum is mentioned among the liberi 
 servientes (free servants) of the priory, and 
 is translated sackman. 
 
 SACCUS CUM BROCHIA. L. Lat. 
 In old English law. A sack with a broche, 
 broach, or pointed iron. Si quis teneat 
 per servitium inveniendi domino regi, certis 
 locis et certis temporibus, unum hominem, 
 ei unum equum, et saccum cum brochia 
 pro aliqua necessitate vel utilitate exercitum 
 suum contingente ; if any one holds by 
 the service of finding for the king, at cer- 
 tain places and certain times, one man and 
 one horse, and a sack with a broach, for 
 any necessity or advantage happening to 
 his army, iract. fol. 36. It was a species 
 of petty serjeanty, which Bracton other- 
 wise describes, — ut si quis teneatur inve- 
 nire domino regi equum et saccum cum 
 brochia, eunti in Walliam cum, exercitu; 
 as if one should be bound to find for the 
 king a horse, and a sack with a broach, on 
 
 his going to Wales with his army. Id. 
 fol. 87 b. See Fleta, lib. 1, c. 11, § 1. 
 
 *:(j* Spelman supposes the words saccus 
 and brochia to be expressive of two meas- 
 ures of capacity ; saccus, a sack or bag for 
 carrying dry articles, and brochia, (from 
 Fr. broc,) a large bottle or jar for carrying 
 liquids. Gloss, voc. Brochia. Brochia, 
 however, seems to be merely the Latin 
 form of the Fr. broche, the meaning of 
 which appears from what may be consid- 
 ered the parallel passage of Britton, in 
 which he observes that "petit serjeanty is 
 a service issuing out of tenements, to 
 do to us (the king) some small service, 
 when we have occasion to ride with our 
 army, (quant nous devons chevaucher en 
 hoste,) amounting to a demi-mark, or a 
 lance, [ou un broche^ or a buckler, {pu un 
 boson,) or a bow without a string, or a pair 
 of spurs, or any like service." Britt. c. 66. 
 Brochia seems to have been the same thing 
 with what is called^ry^inapassage (closely 
 resembling those above quoted from Brac- 
 ton,) cited by Spelman fi:om the EoU of 
 Fines in 1 Ric. II. where it is said that the 
 tenant holds per servicium inveniendi unum 
 equum, unum saccum, et unum pryk, in 
 guerra Wallice, quandocumque contingerit 
 regem ibi guerrare. Spelman gives no de- 
 finition of the word pryk, but merely re- 
 fers to the word brochia in his own glossary. 
 Cowell also passes it over without any ex- 
 plicit definition, but Blount observes that 
 " it seems to signify an old fashioned spur, 
 with one point, not a rowel." But why 
 one spur, (unum pryk^ should be so em- 
 phatically reserved, contrary to the deus 
 esporouns (two spurs) of Britton, and the 
 "pair of spurs" in all the old reservations 
 of service, does not appear. And see 
 Fleta, lib: 1, c. 11, § 1. The use of a 
 pointed iron instrument (stimulus ferreus, 
 or cuspis,) as part of a horseman's military 
 equipment, is further illustrated by the 
 quotation which follows. 
 
 Saccus seems to have been a sack, or 
 pack of cloth, used either ordinarily with 
 a saddle, (sella,) or occasionally, as a 
 substitute for it. A passage from an old 
 record quoted by Cowell, throws some 
 light upon its meaning : Edmundus Busche 
 tenet terras in Morton, Com. Essex, per ser- 
 vitium inveniendi unum stimulum ferreum 
 pro uno Warroks, super quoddam cloth- 
 sak, quandocunque D. rex equitaverit in ex- 
 ercitu versus partes Wallice, tempore guer- 
 rce; Edmund Busche holds lands in Mor- 
 
SAC 
 
 (433) 
 
 SAC 
 
 ton, county of Essex, by the service of find- 
 ing one iron point [spur ?] for one Warroks, 
 upon a certain cloth-sack, whenever the 
 king shall ride in his army towards the 
 parts of Wales, in time of war. 22 Bic. 
 II. Mount, of Tenures, 3^. Cowell,yoc. 
 Warroks. The meaning of the important 
 word warroks, in this passage is, however, 
 unexplained, either by Spelman or Cowell. 
 In some of the old copies of Bracton, it 
 may be further observed, the passages 
 above quoted from that author have sellam, 
 (a saddle,) instead of saecum. 
 
 The word cum, (with,) in the phrase 
 under consideration, denotes that the sac- 
 cus and the brochia were ordinarily used 
 or kept together. Brochia has sometimes 
 been translated needle, as though carried 
 for the purpose of repairs to horse equip- 
 ments. That it was a pointed instrument 
 of iron, and not a jar or pitcher, as Spel- 
 man has supposed, seems clear from the 
 authorities above referred to. 
 
 SACHAUMENT. L. Fr. [from sacher, 
 to know.] Knowingly ; willingly. Kelham. 
 
 8ACHENT. L. Fr. [from sachir, to 
 know.] Know; know ye, (sciant, nove- 
 rint.) A word used in the commence- 
 ment of deeds or charters. Sachent a 
 toutz ceux que icysount, et a ioutz ceux que 
 avener sount, que jeo Johan ay done, &c. 
 Know all those who are here, and all those 
 who are to come, that I, John, have given, 
 (fee. Britt. c. 39. See Sciant prcesentes et 
 
 SACHER. L. 
 q. v.] To know, 
 know; know ye. 
 
 Fr. [from Lat. scire, 
 Saches, sachez, sachiez; 
 Stat. Confirm. Chartar. 
 c. 1. Kelham. Et chescun sache son sev- 
 eral ; and each one knows his several, [sep- 
 arate portion.] Britt. c. 55. Saches touts 
 gens ; know all people. Yearb. M. 3 Hen. 
 VI. 34. 
 
 SACIRE. L. Lat. In old European 
 law. To seise; to take into possession. 
 Supposed by Spelman to be the original 
 form of saisire and seisire, (qq. v.) and to 
 be ultimately derived from the Lat. soci- 
 are, to join, to add another's property to 
 one's own, (rem alterius nostris sociare ;) 
 to appropriate. The phrase ad proprium 
 sacire occurs in the Formulm Solennes, 
 num. 19, 150. In the Laws of the Bava- 
 rians, sociare is actually used in a similar 
 connection. Sibi sociare in patrimonium. 
 LL. Boior. tit. iT, 1. 2. 
 
 SACQUIER. Fr. In old French mari- 
 time law. An officer in the ports of 
 
 Vol. IL 
 
 Guyenne, mentioned by Cleirac in his Ob- 
 servations on the Laws of Oleron, jvhose 
 business was to load and unload vessels 
 laden with salt, corn or fish, to prevent the 
 ship's crew defrauding the merchant by 
 false tale, or cheating him of his merchan- 
 dize otherwise. Laws of Oleron, Art. xi. 
 The term seems to be derived from the 
 saccarius of the Roman law. Cod. Theo- 
 dos. lib. 14. 
 
 SACRA. Lat. In the Roman law. The 
 right to participate in the sacred rites of 
 the city. Butler's Hor. Jur. 27. 
 
 SACRAMENTALES. L. Lat. [from «ac- 
 ramentum, an oath.] In feudal law. Com- 
 purgators ; persons who came to purge a 
 defendant by their oath that they believed 
 him innocent. Feud. Lib. 1, tit. 4, sect. 3. 
 Id. titt. 10, 26. 
 
 SACRAMENTUM. Lat. [from sacrare, 
 to consecrate, sacrum facere, to make sa- 
 cred.] In the Roman law. A sum of 
 money deposited by both the parties to 
 an action, which fell to the gaining party, 
 after the cause was determined. Festus. 
 Varro de Ling. Lat. iv. 36. Adam's Rom. 
 Ant. 249. 
 
 A suit or cause. Id. ibid. 
 
 A military oath ; an oath taken by sol- 
 diers on their enlistment. Calv. Lex. Its 
 form is given by Aulus Gellius. Noct. 
 Att. xvi. 4, citing Cincius de Re Militari, 
 lib. 5. 
 
 SACRAMENTUM. Lat. [L. Fr. sere- 
 ment-l In the old common law. An 
 oath ; the oath of a juror, witness or party 
 to a suit. Bepellitur a sacramento infamis. 
 An infamous person is thrust back [kept 
 from, prevented by disqualification,] from 
 taking an oath. Bract, fol. 185. Bicunt 
 super sacramentum suum ; say upon their 
 oath. Cowell. 
 
 Sacramentum hdbet in se tres comites, 
 veritatem, justiiiam et judicium; Veritas 
 habenda est injurato, justitia et judicium 
 in judice ; an oath implies or requires 
 three attendant circumstances ; truth, jus- 
 tice and judgmerrt; truth is to be observed 
 in the party sworn, justice and judgment 
 in the judge [before whom the oath is 
 taken.] 3 Inst. 160. 
 
 Lord Coke's derivation or composition 
 of this word from sacra, sacred, and mens 
 mind, " because it ought to be performed 
 with a sacred and religious mind," will 
 hardly be acquiesced in. 3 Inst, 165. 
 See Agreamentum, Testamentum. 
 
 SACRAMENTUM DECISIONIS. Lat 
 28 
 
SAC 
 
 (434) 
 
 SAF 
 
 In the civil law. The oath of decision ; 
 the decisive oath ; the voluntary oath of a 
 party to a suit, by which it was allowed to 
 be decided.* Where one of the parties 
 to a suit was not able to prove his charge, 
 he might offer to refer the decision of the 
 cause to the oath of his adversary. Cod. 
 4. 1. 12. 3 £1. Com. 342. 
 
 SACRAMBNTUM FIDELITATIS. L. 
 Lat. In old English law. The oath of 
 fealty. See the form of this oath in law 
 French. Beg. Orig. 303. 
 
 SACREBORGH. Sc. More properly 
 sickerbm-ffh, (q. v.) 
 
 SACREMENT, Sagrament. L. Fr. An 
 oath. Kelliam. 
 
 SACRILEGE, [from Lat. sacrilegium, 
 from sacra, sacred things, or sacrum, 
 sacred, and legere, to steal.] In English 
 criminal law. Larceny from a church. 4 
 Steph. Com. 164. The crime of breaking 
 a church or chapel, and stealing therein. 
 1 Russell on Crimes, 843. Sec Sacrile- 
 gium. This does not seem .to be recog- 
 nized as a distinct crime, in American 
 jurisprudence. 
 
 In old English law. Profanation of 
 holy things ;* the alienation to lay-men or 
 to profane or common purposes, of what 
 was given to religious persons, and to 
 pious uses. Cowell. 
 
 SACRILEGIUM. Lat. [fvom sacrum, 
 sacred, and legere, to steal.] In the civil 
 law. The stealing of sacred things, or 
 things dedicated to sacred uses ; the tak- 
 ing of things out of a holy place. Calv. 
 Lex. Brissonius. 
 
 The violation of an imperial rescript or 
 constitution. Sacrilegii instar est rescripto 
 principis ohviari ; it amounts to sacrilege, 
 to oppose or hinder the execution of the 
 prince's rescript. Cod. 1. 23. 5. 1 Bl. 
 Com. li. The text of the Code, here re- 
 ferred to, reads, Sacrilegii instar est — divi- 
 nis ohviare heneficiis. 
 
 SACRILEGUS. Lat. In the civil and 
 common law. A sacrilegious person ; one 
 guilty of sacrilege.* He who takes away 
 any thing that is given for the divine and 
 true service of God. Sacrilegus om^nium 
 proedonum cupiditatem et scelera superat; 
 a sacrilegious person exceeds all robbers 
 in cupidity and wickedness, [surpasses the 
 cupidity and wickedness of all robbers.] 
 4 Co. 106 a, Adam's and Lambert's case. 
 
 The word sacrilegus in this passage is 
 erroneously translated sacriZe^re, in Branch's 
 Principia and Wharton's Lexicon. 
 
 SACR'M. A contraction of sacramen- 
 tum. 1 Insfr. Cler. 12. 
 
 SACROBARRA. L. Lat. A word 
 given by Spelman from an old manuscript 
 entitled De officio coronatoris, which he 
 suggests might mean the same with sacri- 
 legia. 
 
 Seepenuinero ubi proprietas Terborum at- 
 tenditnr, sensns reritatis amittitur. Often- 
 times where the propriety of words is at- 
 tended to, [where the attention is occupied 
 with the proper meaning of words,] the 
 true sense is lost. Branch's Pr. 7 Co. 27. 
 
 S^PIUS. Lat. In old practice. Often. 
 See Pluries. 
 
 S^VITIA. Lat. [from scevus, cruel.] 
 In the law of divorce. Cruelty ; any thing 
 which tends to bodily harm, and in that 
 manner renders cohabitation unsafe. 1 
 Hagg. Cons. R. 458. One of the grounds 
 of divorce a mensa et thoro. To consti- 
 tute cruelty, proof must be given of a rea- 
 sonable apprehension of bodily hurt. Id. 
 37—40. See Shelford, Marr. db Div. 425 
 —438. 2 Ji^ent's Com. 125, 126. 
 
 SAFE-CONDUCT. [Fr. sauf-conduit ; 
 L. Lat. salvus conductusi] In old English 
 law. A license or permission in the form 
 of a writ, granted by the king under the 
 great seal, to a stranger or foreigner, to 
 come into, remain in, go through and de- 
 part from the kingdom without molesta- 
 tion, during a certain specified time. Spel- 
 man. Reg. Orig. 25 b. All merchants 
 were allowed by Magna Charta, (unless 
 publicly prohibited beforehand,) to have 
 safe-conduct of this kind, except in time 
 of war. Mag. Chart, c. 30. 1 Bl. Com. 
 260. 
 
 In international law. A passport or 
 privilege granted in war, exempting the 
 party to whom it is granted from the legal 
 effects of- war, during the time and to the 
 extent described in the permission.* 1 
 Kent's Com. 162. — ^A passport or privilege 
 granted, in time of war, by the sovereign 
 or government of a country, or other per- 
 sons duly authorized, to the subjects of a 
 hostile power, permitting theni to depart 
 in safety, and to take with them certain 
 effects specified ; or it may be granted for 
 the removal of effects only.* See/c?. 162, 
 163. 
 
 A document granted to the master of a 
 merchant vessel, for the protection of the 
 vessel in time of war. See Passport. 
 
 SAFE-GUARD. [L. Fr. sauf-guard ; 
 L. Lat. salva gardia.] In old English law. 
 
SAI 
 
 (436 ) 
 
 SAI 
 
 A special privilege or license, in the form 
 of a writ, under the great seal, granted to 
 strangers seeking their right by course of 
 law within the king's dominions, and ap- 
 prehending violence or injury to their 
 persons or property from others. Beff. 
 Orig. 26. 
 
 SAFE PLEDGE. [L. Lat. salv^ls ple- 
 gius.'] In old English law. A suflScient 
 surety. Bract, fol. 160 b. See Salvus 
 plegius. 
 
 SAGE. L. Fr. Learned; -wise. Jeo 
 oye un foils un sage home dire que, &c. ; I 
 once heard a learned man say that, &c. 
 Yearb. H. 6 Edw. Ill 16. 
 
 SAGEMENT. L.Fr. Cautiously; pru- 
 dently, ^et Assaver, § 44. 
 
 SAGES DE LA LEY. L. Fr. Sages 
 of the law ; persons learned in the law. 
 Art. sup. Chart, c. 5. A term applied to 
 the chancellor and justices of the King's 
 Bench. Id. ibid. 
 
 SAGIBARO. L. Lat. [from sac, or sag, 
 a cause, and baro, a man.] In old Euro- 
 pean law. A judge or justice ; literally, 
 a man of causes, {vir causarum,) or hav- 
 ing charge or supervision of causes, (causis 
 et litibus prcepositus.) Spelman. One 
 who administered justice and decided 
 causes in the mallum, , or public assembly. 
 Id. L. Salic, tit. 56, §§ 2, 3, 4. LL. 
 Ince, c. 6. 
 
 SAID. [Lat. dictus; L. Fr. dit.'\ A 
 very common word of reference in modern 
 as well as ancient law. In Scotch law, the 
 plural saids (0. So. saidis) is used. 3 
 How. St. Trials, 597, 602. " Saidis per- 
 sonis;" said persons. I Id. 926. 
 
 SAIEL. L. Fr. Seal. Kelham. 
 
 SAIGA. L. Lat. In old European law. 
 A German coin of the value of a penny, 
 or of three pence. L. Alaman. tit. 6, 
 § 2. L. Boior. tit. 8, c. 2, § 3. Spel- 
 man. 
 
 To SAIL. In insurance law. To move, 
 on the prosecution of a voyage ; to make a 
 movement for the purpose of proceeding to 
 sea.* Cowen, J. 3 Hill's (K Y.) R. 126. 
 Lord Denman, C. J. 1 Grompt. M. & R. 
 809, 818. The least locomotion, with 
 readiness of equipment and clearance, 
 satisfies a warranty to sail. 3 B. d: Ad. 
 514. 
 
 SAIN, Saine. L. Fr. Sound; strong. 
 Kelham. 
 
 SAINC. L. Fr. Blood. LL. Qui. 
 Conq. 1. 9. 
 
 SAINTS. [L. Fr. saintz, seints, sei/ntg.J 
 
 In old English practice. Holy things, 
 (Lat. sancta;) gospels on which oaths were 
 taken. 
 
 From the L. Fr. seintz, or seyntz, used 
 in old statutes and treatises, it has been 
 supposed that it was formerly common in 
 England to swear by the saints, or by God 
 and the saints. See Barringt. Obs. Stat. 
 177, and notes. This was doubtless the 
 practice on some occasions ; but judicial 
 oaths seem to have been uniformly made 
 by, or rather on the gospels. The expres- 
 sions in Britton, — si luy eyde Dieu et les 
 saintz, (so help him God and the saints,) 
 si lour eyde Dieu et ses seyntz, (so help 
 them God and his saints,) and other pas- 
 sages, (see Britt. cc. 2, 22, 52, 68,) maybe 
 explained by the use of the corresponding 
 Latin word sancta, in the parallel passages 
 in Bracton and Fleta. Sicut me Deus 
 adjuvet et haec sancta. Meta, lib. 1, c. 18, 
 § 4. Sicipsum Deus adjuvet et hasc sancta. 
 Id. lib. 2, c. 63, § 12. And see Id. lib. 4, 
 c. 9, § 1. That sancta, in these passages, 
 cannot be translated saints, is obvious, not 
 only from the neuter form of the word, but 
 from the invariable use of the pronoun 
 hcec, (these,) in connection with it, indi- 
 cating that the things sworn by were actu- 
 ally present before the party who made the 
 oath. That evangelia (gospels) was the 
 word to be understood and supplied, ap- 
 pears from passages in which it is actually 
 expressed. See Fleta, lib. 2, c. 12, § 17. 
 The following passage from Bracton is 
 conclusive on this point : After giving the 
 words of the oath taken by the first juror 
 sworn. Hoc auditis justitiarii, quod ego 
 veritatem dicam, &c. sic me Deus adjuvet 
 et hcec sancta Dei evangelia, (Hear this ye 
 justices, that I will speak the truth, &c. so 
 help me God, and these holy gospels of 
 God,) he adds, £t post earn jurabit quilibet 
 aliorum separatim, etper se ; Tale sacra- 
 mentum quale A. primus jura tor, s. hie, 
 juravit, ego tenebo ex parte mea, sic me Deus 
 adjuvet et hcec sancta; (and after him shall 
 each of the others separately and by him- 
 self swear, such an oath as A. this first 
 juror has sworn, will I keep on my part, 
 so help me God and these holy [srospels.! 
 Bract, fol. 116. l& r j 
 
 SAIO. L. Lat. In Gothic law. The 
 ministerial officer of a court or magistrate, 
 who brought _ parties into court, [qui reos 
 protraxit in judicium,) and executed the 
 orders of his superior. Spelman thinks 
 the word may be derived from the Sax. 
 
SEA 
 
 (447) 
 
 SEC 
 
 ^Bl. 
 
 cient execution or authentication 
 Com. 306. See 15 OhioR. 107. 
 
 In England, it has been held that the 
 words "sealed and delivered," in an attes- 
 tation, does not import signing. 5 M. & 
 .S. 681. 3/rf. 512. iTauntnS. But 
 the contrs^ry has recently been held in the 
 Supreme Court of the United States. 8 
 Howard's B. 10, citing eM.& Or. 386. 
 
 SEALX, Seaux. L. Fr. Seals. Britt. 
 c. 4. De fauseours de sealx, et de monoye. 
 Id. 
 
 SEAMAN. [Lat. nautai] A mariner ; 
 one whose business is navigation ; a person 
 who works, or aids in navigating a vessel, 
 a sailor.* See 3 Kenfs Com. 176. See 
 Nauta. 
 
 In a large sense, this term includes all 
 persons who do duty on board of a ship, and 
 are instrumental to her navigation. Roccus 
 de Nav. (b Naulo, Note ix. See Crew. 
 
 SEARCH, RIGHT OP. In inter- 
 national law. The right of belligerent 
 powers to examine and search private mer- 
 chant vessels at sea, for enemy's property, 
 and articles contraband of war.* 1 KimCs 
 Com. 153. It is generally limited to an 
 inspection of the ship's papers, or the 
 documentary proofs of the property on 
 board. This is wholly distinct from what 
 is termed the right of visit, which is con- 
 ceded for the sole purpose of ascertaining 
 the real character of a vessel sailing under 
 suspicious circumstances. Id. ibid. note. 
 The latter right has been termed by the 
 Supreme Court of the United' States, the 
 right of approach. 11 Wheaton's R. 1, 
 43. In the recent diplomatic correspond- 
 ence between the governments of Great 
 Britain and the United States, the distinc- 
 tion between the right of visit and that 
 of search has been denied on the part of 
 the latter. 
 
 SEARCH WARRANT. In criminal 
 law. A warrant granted by a justice or 
 magistrate, upon the oath or affirmation of 
 a party, authorizing the search of premises, 
 usually for goods stolen, but sometimes for 
 other purposes. 2 Chitt. Gen. Pr. 179, 
 180. 1 N. Y. Rev. St. [93,] 84, § 11. 
 2 Id. [746,] 625, §§ 25—28. Id. [149,] 
 83, § 5. 1 Id. [125, § 54,] 115, § 69. 
 
 SEAWANT, Seewam, Zeaioan. In old 
 American law. The Dutch name for wam- 
 pum, or Indian money, which consisted of 
 perforated beads, (white, and black or pur 
 pie,) manufactured from the inside of 
 shells, and strung together. See 0' Calla- 
 
 ghan's JV. Netherlands, i. 60, 61. Id. ii. 
 543. 
 
 SEAUPWERPE, Seawerpe. Sax. [from 
 see, sea, and upwerpen, to throw up.] In 
 old records. Wreck ; that which is cast 
 up by the sea. (Lat. jactura maris ; Fr, 
 varech.) Spelman. 
 
 SECOND DELIVERANCE, Writ of 
 [L. Lat. hreve de secunda deliberatione.^ In 
 practice, A writ allowed a plaintiff in 
 replevin, where the defendant has obtained 
 judgment for return of the goods, by de- 
 fault or nonsuit, in order to have the same 
 distress again delivered to him, on giving 
 the same security as before. 3 Bl. Com. 
 1 60. 3 Stepk Com. 668. This writ has 
 been formally abolished in New- York. 2 
 Rev. St. [533,] 439, § 63. 
 
 SECOND SURCHARGE. In English 
 law. The surcharge of a common a second 
 time, by the same defendant against whom 
 the common was before admeasured ; and 
 for which the writ of second surcharge was 
 given by the statute of Westminster, 2. 
 3 Bl. Com. 239. 
 
 SECONDARY. In English practice. 
 An oflBcer of the courts of King's Bench 
 and Common Pleas ; so called, because he 
 was second or next to the chief officer. In 
 the King's Bench he was called Master of 
 the King's Bench office, and was a deputy 
 of the prothonotary or chief clerk. 1 Arch. 
 Pr. 11, 12. By statutes 7 Will. IV. and 
 1 Vict. c. 30, the office of secondary was 
 abolished. 
 
 SECONDARY CONVEYANCES. The 
 name given to that class of conveyances 
 which pre-suppose some other .conveyance 
 precedent, and only serve to enlarge, con- 
 firm, alter, restrain, restore or transfer the 
 interest granted by such original convey- 
 ance. 2 Bl. Com. 324. Otherwise termed 
 derivative conveyances, (q. v.) 
 
 SECONDARY EVIDENCE. In prac- 
 tice. The next best evidence that can be 
 given of the contents of an instrument or 
 writing, where the best possible evidence 
 the nature of the case will admit (that is, 
 the instrument or writing itself,) cannot be 
 produced, as where it has been lost or de- 
 stroyed, or withheld by the opposite party.* 
 Arch. PL (& Evid. 373. Parol evidence 
 is frequently made use of for this pur- 
 pose. See 9 Wheaton's R. 483. Id. 681. 
 United States Digest, Evidence. 
 
 SECTA. L. Lat. In old English prac- 
 tice. _ Suit. A number of persons which 
 a plaintiff produced in court, immediately 
 
SAL 
 
 (436) 
 
 SAL 
 
 sagol, or saiol, a staff, giving it tLe sense 
 or the modern tipstaff. 
 
 SAIREMENT. L. Fr. An oath. Kel- 
 Tiam. 
 
 SAISINA. L. Lat. An old form of 
 seisina, (q. v.) 
 
 SAISIRE. L. Lat. [from L. Fr. saisir, 
 to seise.] An old form of seisire, (q. v.) 
 
 SAKE, Sak. In old English law. A 
 lord's right of amercing his tenants in his 
 court. Keilw. 145. 
 
 Acquittance of suit at county courts and 
 hundred courts. Fleta, lib. 1, c. 47, § 7. 
 
 S AKEBER. The French form of sacca- 
 hor or sacaburth, (qq. v.) £ritt. c. 15, 29. 
 
 SALA. L. Lat. [L. Fr. sale.] In old 
 European law. A hall. Z.Alam. tit. 81, 
 § 1. Spelman. 
 
 SALARIUM. Lat. [from sal, salt.] In 
 the civil law. An allowance of provisions. 
 Calv. Lex. 
 
 A stipend, wages or compensation for 
 service. Id. Big. 7. 1. 7. 2. Id. 44. 7. 
 61. 1. 
 
 An annual allowance or compensation. 
 Id. ibid. 
 
 SALARIUM. L. Lat. In old Euro- 
 pean law. The rents or profits of a sala, 
 hall or house. Cowell. 
 
 Wages ; stipend ; annual allowance ; 
 salary. Id. But quaere if this word be 
 not the same with the solarium of the civil 
 law. See supra. 
 
 SALARY, [from Lat. salarium, q. v.] 
 An annual compensation for services ren- 
 dered ; a fixed sum to be paid by the year 
 for services. 
 
 SALE. [Lat. venditio ; Fr. vente.'] J^ 
 transmutation of property from one man to 
 another, in consideration of some price or 
 recompense in value. 3 Bl. Com. 446. — 
 A transfer of goods for money. Id. ibid. — 
 A contract for the transfer of property 
 from one person to another, for a valuable 
 consideration. 2 Kenfs Com. 468. — "Sale 
 is a word of precise legal import, both at 
 law and in equity. It means, at all times, 
 a contract between parties to give and to 
 pass rights of property for money, which 
 the buyer pays or promises to pay to the 
 seller for the thing bought and sold." 
 Wayne, J. 8 Howard's B. 496, 544. Sec 
 United States Digest, Sale. And see 
 BelVs Contract of Sale, chap. 1. 
 
 "SALEABLE UNDERWOODS" con- 
 strued. 10 Hast, 219, 446. 
 
 SALE NOTE. A note or memorandum 
 of the sale of goods, given by the broker 
 
 to the buyer. Called, also, a sold note, 
 (q. v.) 
 
 SALET. In old English law. Ahead- 
 piece ; a steel cap or morion. Cowell. 
 
 SALIC (or SALIQUE) LAW. [Lat. 
 lex Salica^ A body of law framed by 
 the Salians, or Salian Franks, after their 
 settlement in Gaul under their king Phara- 
 mond, about the beginning of the mth cen- 
 tury. Hsprit des Lois, liv. 28, c. 1. It is 
 the most ancient of the barbarian codes, 
 (as they are sometimes called,) and is con- 
 sidered one of the most important compila- 
 tions of law in use among the feudal na- 
 tions of Europe. Butler's Co. Lift. Note 
 77, lib. 3. See Butler's Hor. Jur. 83. 
 Dr. Robertson calls it " the most venerable 
 monument of French jurisprudence." 1 
 Roh. Charles V. Appendix, Note xxxviii. 
 It received considerable additions from 
 Clovis, Childebert, Clotaire, Charlemagne, 
 and Louis le Debonnaire, and was re-pub- 
 lished by Charlemagne in 798. See Lex 
 Salica. 
 
 SALIC LAW. In French jurisprudence. 
 A term frequently applied to that funda- 
 mental law of France which excluded fe- 
 males from succession to the crown. Sup- 
 posed to have been derived from the sixty- 
 second title of the Salic Law, De alode. 
 Brande. 
 
 SALICETUM. L. Lat. [from salix, 
 willow.] In old English law. A wood of 
 willows. Co. lAtt. 4 b. Shep. Touch. 96. 
 — An osier bed, or low moist place on the 
 banks or eyls of a river, for the growth of 
 osiers, willows or withies. Cowell. Sa- 
 lictum is used in the civil law. Dig. 7. 1. 
 9.7. 
 
 SALINA. L. Lat. [from sal, salt.] In 
 old English law. A salt-pit ; a house or 
 place where salt is made. Cowell. In 
 Coke. on Littleton, this word is printed 
 saliva. Co. Litt. 4 b. 
 
 SALLIRE. L. Lat. In old European 
 law. To assault. The same with assalire, 
 (q. V.) Spelman. 
 
 SALTATORIUM. L. Lat. In old 
 records. A deer-leap. Cowell, citing PI. 
 apud Cestriam, 31 Edw. III. An engine 
 for taking wild animals. Spelman. 
 
 SAL'T'M. A contraction of salutem, 
 
 Cq- V.) 
 
 SALTUS. Lat. In old English law. 
 A high thick wood, or forest. Cowell, voc. 
 Boscus. A lawn in a park or forest. For- 
 tescue de L. L. Anglice, c. 29, note. 
 
 SALUS. Lat. Health; prosperity, 
 
SAL 
 
 (437) 
 
 SAL 
 
 good or welfare. Saliis populi suprcma lex. 
 
 The good or welfare of the people is the 
 supreme law. BacorCs Max. 55, in reg. 12. 
 Broom! s Max. 1. 
 
 Safety ; salvation. SalUS 1ll)i multi con- 
 siliarii. There is safety where there are 
 many counsellors. 4/ms(. 1. Prow. xi. 14. 
 
 SALUTE. [Lat. salus:\ A gold coin 
 stamped by Henry V. in France, after his 
 conquests there, whereon the arms of Eng- 
 land and France were stamped quarterly. 
 Stow^s Chron. 589, Cowell. 
 
 SALUTEM. Lat. [Gr.;^;aipEW,£jirporr«i..] 
 
 Health ; greeting ; prosperity ; salvation. 
 An expression of salutation used by the 
 Romans in the commencement of their 
 letters or epistles, generally abbreviated, S. 
 " C. Plinius Cornelio Tacito suo, S." Plin. 
 JEp. i. 6, et passim. In legal instruments, 
 it was written at length, Tithis Seio salu- 
 tem. Big. 17. 1. 60. Ille illi salutem. 
 Id. 69. 
 
 A formal word in the commencement 
 of Eoman deeds and charters, which, during 
 the later periods of the empire, were written 
 in an epistolary form. See Epislola. The 
 corresponding Greek word, used in wills 
 and other instruments, was xafp«'>'. Dig. 31. 
 34. 1. In a conveyance in Greet, preserved 
 in the Digests, the corresponding words 
 are irXsrora xi^k"" ; most health, or all health. 
 Big. 8. 3. 37. After Christianity had be- 
 come established, salutem seems to have 
 been used in its religious sense of salva- 
 tion. 
 
 A formal word in the commencement of 
 old English deeds, probably derived from 
 the Roman practice above noticed. Omni- 
 bus Christi fidelibus ad quos prmsentes 
 Uteres indentatce pervenerint, A. de B. salu- 
 tem in Bomino sempiternam ; Sciatis me 
 dedisse, &c. To all Christian people to 
 whom these present [present letters] indent- 
 ed shall come, A. of B. sends greeting [or 
 salvation,] in our Lord everlasting. Idtt. 
 sect. 372. 
 
 A formal word invariably used in the 
 address of old English writs, which com- 
 menced in the epistolary form. Hex vice- 
 comitij &c. salutem ; the king to the sheriff, 
 &c. Greeting. Reg. Orig. <b Jud. per tot. 
 Translated "greeting" and retained in 
 modern English and American writs. See 
 Breve. Called by Finch the " salutation^' 
 of the writ. Law, b. 4, c. 1. 
 
 SALVA GARDIA. L. Lat. Safe- 
 guard. Reg. Orig. 26. See Safe-guard. 
 
 SALVAGE. In maritime law. A com- 
 
 pensation allowed to persons by whose 
 assistance a ship or, its cargo has been 
 saved, in whole or in part, from impending 
 danger, or recovered from actual loss, in 
 cases of shipwreck, derelict or recapture. 
 3 KenCs Com. 245. " The relief of pro- 
 perty from an impending peril of the sea, 
 by the voluntary exertions of those who 
 are under no legal obligation to render 
 assistance, and the consequent ultimate 
 safety of the property, constitute a case of 
 salvage." Curtis, J. 1 Curtis' R. 376, 378. 
 See Id. 363. See Ahhott on Ship. 654. 
 1 Peters' Adm. Bee. 31, 48, 70, 87. 2 
 /c?. 278, 284, 361. United States Bigest, 
 Salvage. Marvin on Wreck and Salvage, 
 ch. 15. 
 
 SALVAGE SERVICE. In maritime 
 law. Any service rendered in saving 
 property on the sea, or wrecked on the 
 coast of the sea. Story, J. 1 Sumner's R. 
 210. 
 
 SALVAGE, Sauvage. L. Fr. Wild; 
 savage. Kelham. 
 
 SALVAIGNE, Savagnie, Sauvagine. 
 L. Fr. Wild animals ; animals ferce na- 
 tures ; the wild or savage state. Kelham. 
 
 SALVAMENTUM. L. Lat. In old 
 European law. Safety. Hincmar. Epist. 
 c. 8. Spelman. 
 
 SAL V ARE. L. Lat. [from salvus, q. v.] 
 In old English law. To save. Salvare 
 defaltam ; to save a default. Fleta, h\>. 
 6, c. 13, §2. Salvans ; saving; economi- 
 cal. Id. lib. 2, c. 87. 
 
 SALVER. To save. Yearh. H. 9 Edw. 
 III. 3. Salvant ; saving. M. 8 Edw. 
 m. 38. 
 
 SALVIAN INTERDICT. See InUr- 
 dictum Salvianum. 
 
 SALVO. L. Lat. [from salvus, safe.] 
 In old conveyancing. Saving. One of the 
 apt words of exception in a deed. Co. 
 lAtt. 47 a. Perkins, ch. 10, s. 645. 
 
 In old practice. Safely. Fleta, lib. 2, c. 
 64, §§19, 22. Salvo et secure ; safely and 
 securely. 6 Man. O. dc S. 811. 
 
 SALVOR. In maritime law. A per- 
 son by whose assistance a vessel or its car- 
 go is saved, in whole or in part, from im- 
 pending danger or actual loss; a person 
 entitled to salvage.* 2 Kent's Com. 245. 
 See Salvage. 
 
 SALVUS. Lat. In old English law. 
 
 '" Salvus conductus; safe conduct. 
 
 Safe. 
 
 Reg. Orig. 2Q. See Safe conduct. Salvus 
 et securus conductus; safe and secure con- 
 duct. Magna Charta, c. 30. 
 
SAN 
 
 (438) 
 
 SAP 
 
 . SALVUS PLEGIUS. L. Lat. In old 
 English practice. A safe pledge. Bract. 
 fol. 160 b. Called, also, cerius plegius, a 
 sure pledge. Id. ibid. 
 
 SALYNE. L. Fr. A salt-pit. ITel- 
 ham. 
 
 SAMPLE. A small quantity taken from 
 the bulk of a commodity for the purpose of 
 showing its quality. 
 
 SAN^ MENTIS. L. Lat. In .old 
 English law. Of sound mind. Fleta, 
 lib. 3, c. 1, § 1. 
 
 SANARE. L. Lat. In old practice. 
 To cure. JVisi defaltam sanavetit ; unless 
 he cure the default. Fleta, lib. 2, c. 7, 
 §13. 
 
 SANCTA. Lat. [plur. of sdnctusi] 
 Holy (gospels.) Fleta, lib. 1, c. 18, § 4. 
 Id. lib. 4, c. 9, § 1. See Saints. 
 
 SANCTIO. Lat. [from sanctus, holy ; 
 inviolable.] In the civil law. That part 
 of a law by which a penalty was ordained 
 against those who should violate it. Jnst. 
 2. 1. 10. That part of a law by which its 
 inviolability was secured. 
 
 Sanctio justa, jubens honesta, prohibens 
 coniraria ; a just [or formal] sanction, [or 
 rule of civil conduct,] commanding what 
 is right, prohibiting the contrary. Bract. 
 fol. 2. A definition of municipal law. 1 
 Bl. Com. 122. 3 Id. 1, note. 
 
 SANCTION, [from Lat. sanctio, q. v.] 
 The vindicatory part of a law, or that part 
 which ordains or denounces a penalty for 
 its violation. 1 Bl. Com. 66. See Tayl. 
 Civ. Law, 171. In Fleta, it is said that a 
 law is specially called a sanction, (sanctio^ 
 because it imposes a punishment on wrong- 
 doers. Fleta, lib. 3, c. 1, § 8. 
 
 SANCTUARY. [Lat. sanctuarium, 
 from sanctus, holy ; Sax. fridstoll, grith- 
 stole.'\ In old English law. A conse- 
 crated or privileged place, such as a church 
 or churchyard, to which, if an ofiender 
 fled, his person was, (except in cases of 
 treason and sacrilege,) secure from punish- 
 ment* 4 Bl. Com. 332, 333. All privi- 
 lege of sanctuary was abolished by statute 
 21 Jac. 1, c. 28. 
 
 SANCTUS, Sanctum. Lat. [froih san- 
 cire.'] In the civil law. That which is 
 guarded and fenced round against injury, 
 {quod ah injuria hominum defensum atgue 
 munitum est.) Big. 1. 8, pr. Derived by 
 Marcian, in the Digests, from sagmina, 
 which were certain herbs carried by the 
 legates of the Roman people to secure 
 ihem from harm. Id. § 1. 
 
 SANE. L. Fr. and Eng. [from Lat. 
 sanus, q. v.] Sound. Be non sane me- 
 morie ; of unsound memory ; non compos 
 mentis. Litt. sect. 406. 
 
 SANG, Sane, Sank. L. Fr. [from Lat. 
 sanguis, q. v.] Blood. Kelham. 
 
 SANGUIS. Lat. In the civil and old 
 English law. Blood ; consanguinity. San- 
 guinem redimere ; to redeem one's blood ; 
 to pay the merchet or accustomed fine, for 
 leave given to servile tenants to dispose of 
 their daughters in marriage. Blackst. L. 
 Tr. 4, 5. Gowell. 
 
 SANITY, [from Lat. sanus:\ Sound- 
 ness of mind. This is always presumed. 
 2 Rents Com. 461. 
 
 SANS, Sauns, Santz. L. Fr. [from 
 Lat. sine.l Without. See infra. 
 
 SANS CEO QUE. L. Fr. [Lat. absque 
 hoc quod,'\ Without this that. Technical 
 words formerly used in pleading by way 
 of special traverse. Ou mesme celuy Johan 
 de tener sa ierre en N. sicome noJi several, 
 sans ceo que Vavaundit Peres et les autres 
 y deyvent communer ; or the said John to 
 hold bis land in N. as his several, without 
 this, that the aforesaid Peter and the 
 others ought to have common there. Britt. 
 c. 59. See Absque hoc. 
 
 SANS IMPEACHMENT DE WAST. 
 L. Fr, Without impeachment of waste. 
 Litt. sect. 162. See Absque impetitione 
 vasti. 
 
 SANS JOUR, Sauns iour. L. Fr. 
 Without day. Aler sans jour; to go 
 without day. Litt. sect. 201. See Sine 
 die. Irra quites sauns iour; shall go 
 quit without day. Fet Assaver, § 16. 
 
 SANS NOMBRE. L. Fr. [Lat. sine 
 numero.l Without number ; without stint 
 or limit. See Common sans nombre. 
 
 SANSPLUIS. L.Fr. Without more; 
 without further words. Byer, 31 b. 
 
 SANS RECOURS. Fr. Without re- 
 course, (q. v.) 
 
 SANS WASTE. L. Fr. Without 
 waste. 12 Fast, 209. 
 
 SANS, Sens. L. Fr. Sense ; under- 
 standing. Kelham. 
 
 SANTZ. L.Fr. Without. Santz de- 
 lay. Art. sup. Cart. 
 
 SANUS. Lat. Sound. See Sance 
 mentis. 
 
 Sapiens incipit a fine, et quod primum est 
 in intentione, nltimnm est in executione. A 
 
 wise man begins at the end, and that which 
 is first in intention is last in execution. 
 10 Co. 26 b. The case of Sutton's Hos- 
 
SAT 
 
 (439) 
 
 SAU 
 
 pital. Finis, (end,) here Las the sense of 
 ohject. Id. See Co. lAtt. VO b. 
 
 Sapientis judicis est cogitarc tantum sibi 
 esse permissum, quantum cominissuni et credi- 
 tnni. It is the part of a wise judge to 
 thint that a thing is permitted to him, 
 only BO far as it is committed and entrust- 
 ed to him. 4 Inst. 163. That is, he 
 should keep his jurisdiction -within the 
 limits of his commission. Id. The word 
 permissum is, in Branch's Principia, mis- 
 printed premissum,, leading to the follow- 
 ing wholly inaccurate and unintelligible 
 translation : " A wise man should consider 
 as much what he premises as what he com- 
 mits and believes" ! 
 
 SAECINA. L. Lat. In old English 
 law. A pack. Comb. 295. 
 
 SARCLO. L. Lat. A weeding-hook. 
 Spelman. 
 
 SARCULATUKA. L.Lat. In old re- 
 cords. Weeding corn. A tenant's ser- 
 vice of weeding for the lord. Cowell. 
 
 SARPLAR. In old English law. A 
 pocket or half a sack of wool. Cowell. 
 
 SART. In old English law. A piece 
 of woodland, turned into arable. Cowell. 
 See Assart. 
 
 SARTARE. L. Lat. In old records. 
 To clear a place of woods and thickets. 
 Spelmun. See To assart. 
 
 SARUM. L. Lat. In old records. 
 The city of Salisbury in England. Spel- 
 man. 
 
 SASINE. In Scotch law. The sym- 
 bolical delivery of land, answering to the 
 livery of seisin of the old English law. 4 
 Kent's Com. 459. 
 
 SASSE. In old English law. A kind 
 of wear with flood-gates, most commonly 
 in cut rivers, [canals?] for the shutting up 
 and letting out the water, as occasion re- 
 quired, for the more ready passing of boats 
 and barges to and fro ; a lock ; a turnpike ; 
 a sluce. Cowell. 
 
 SATIO. Lat. [from serere, to sow.] In 
 the civil law. A sowing of seed. One 
 of the modes of gaining property by ac- 
 cession. Frumenta quce sata sunt solo ce- 
 dere intelliguntur ; grains which are sown, 
 are understood to go with the soil, or be- 
 come a part of it. Inst. 2. 1. 32. 
 
 SATISDATIO. Lat. [from satisdare, 
 from satis, sufiicient, or equivalent, and 
 dare, to give.] In the civil law. Security 
 given by a party to an action, as by a de- 
 fendant, to pay what might be adjudged 
 against him, (judicatmn solvi.) Inst^ 4. 
 
 11. 3 Bl. Com. 291. Properly, security 
 given by sureties or fidejussors. See Dig. 
 2. 8. 1. Qloss. C-ujac. in Dig. 50. 16. 61. 
 
 SATISFACTION. [Lat. satisfactio, 
 from satisfacere, from satis, enough, and 
 facere, to make.] In practice. The making 
 amends for an injury done ; the giving an 
 equivalent required by law; payment of a 
 legal debt or demand, usually such as is 
 due by matter of record, as a judgment, 
 mortgage, &c. 
 
 The discharging or cancelling a judg- 
 ment or mortgage, by paying the amount 
 of it, or an amount accepted as sufficient 
 by the party holding it, or by having 
 property taken and sold to an equal 
 amount. 
 
 SATISFACTION PIECE. In practice. 
 A memorandum in writing, entitled in a 
 cause, stating that satisfaction is acknow- 
 ledged between the parties, plaintiflF and 
 defendant. Upon this being duly acknow- 
 ledged and filed in the office where the 
 record of the judgment is, the judgment 
 becomes satisfied, and the defendant dis- 
 charged from it. 
 
 Satins est petere fontes guam sectaii rivn- 
 los. It is better to seek the fountains 
 than to follow the streams. 10 Co. 113. 
 tn the common translations of this maxim 
 or adage, the word sectari has been strange- 
 ly mistaken for secare, to cut. 
 
 SAUCES DER MER. L. Fr. Creeks 
 of the sea. Kelham. 
 
 SAULX, Saulices, Sawces. L. Fr. 
 Sallows; willows. Kelham. 
 
 SAUMA, Soma. L. Lat. [Fr. saume ; 
 Ital. soma ; Germ, gomt, SDmnu.] In old re- 
 cords. A load, pack or burden. Spel- 
 man. 
 
 SAUMARIUS, Soumarius, Summa- 
 rius. L. Lat. In old records. A sump- 
 ter-horse or mule ; a pack-horse. Spelman. 
 
 SAUNKE, Saunk, Saunc. L. Fr. 
 [from Lat. sanguis.^ Blood. Hors del 
 saunke ; out of the blood. Britt. c. 68. 
 Par defaute de saunk ; by failure of blood. 
 Id. c. 119. 
 
 SAUNKEFIN. L.Fr. End of blood; 
 failure of the direct line in successions. 
 Spelman. Cowell. Britt. c. 19. 
 
 SAUNS, Saunz, Sauntz. L. Fr. "With- 
 out. Sauns /aire alienacion ; without 
 making alienation. Britt. c. 89. Kelham. 
 See Sans. Saunz plus dire ; without more 
 saying. Yearb. H. 1 Edw. II. 3. 
 
 SAUTE, Sautie, Sauvtie. L. Fr. Safety ■ 
 health. Kelham. ' 
 
SCA 
 
 (440) 
 
 SCA 
 
 SArVAGINE. L. Fr. Wild animals. 
 De pessons et de autre sauvagine. Britt. 
 c. 33, fol. 85. 
 
 The v?ild disposition of an animal, (/era 
 natura.) Mes si ele eschape et repreigne la 
 sauvagine en son natural estate ; but if it 
 escape, and resume its wildness, in its natu- 
 ral estate. Id. ibid. 
 
 SAUVEMENT. L.Fr. Safely. Sauve- 
 ment gardes ; safely kept. Britt. c. 87. 
 
 SAVAGE. L.Fr. Wild. Bestes sava- 
 ges ; wild animals. Deer so called. Keilw. 
 30. 
 
 SAVANT. L. Fr. Saving; knowing. 
 Kelham. 
 
 To SAVE THE STATUTE OF LIMI- 
 TATIONS. In practice. To prevent the 
 operation of the statute ; to save a debt or 
 demand from being barred by the opera- 
 tion of the statute. Holthouse. 
 
 SAVER, Savor, Savoer. L. Fr. To 
 know. Fait a saver ; fet assaver ; be it 
 known or understood ; (it is a thing to be 
 known.) Kelham. See Fet assavoir. 
 Cest a saver ; it is to wit ; it is to be 
 known ; that is to say. See Cest asca- 
 voir. 
 
 SAVER DEFAULT. L. Fr. In old 
 English practice. To excuse a default. 
 Termes de la Ley. Cowell. 
 
 SAWCES. In old English law. Wil- 
 lows. Co. Litt. 4 b. 
 
 SC. An abbreviation of scilicet. Hob. 
 171. 
 
 SCABINI, Scahinei, Scabinii. L. Lat. 
 [Fr. echevins.'l In old European law. The 
 judges or assessors of the judges in the 
 mallus, or court held by the count, {comes^ 
 or missus dominicus. 1 Robertson's Charles 
 V. Appendix, Note xl. — Assistants or as- 
 sociates of the count ; officers under the 
 count. Spelman. Fsprit des Lois, liv. 
 28, c. 28. — The permanent selected judges 
 of the Franks. 1 Spence's Chancery, 61, 
 note (I.) — Judges among the Germans, 
 Franks and Lombards, who' were held in 
 peculiar esteem. Spelman. 
 
 This word is found in an English charter 
 granted by the wardens of Lynn in Nor- 
 folk, in the reign of Henry VIII. in which 
 they are described as Scabini, Spelman. 
 Cowell. 
 
 SCACCARIUM. L. Lat. In old Eng- 
 lish law. Exchequer. Fleta, lib. 2, c. 25. 
 Spelman. See Exchequer. 
 
 SCALA. L. Lat. In old English law. 
 Scale ; the scale. To pay ad scalam, 
 (according to the scale,) was the old way 
 
 of paying into the exchequer twenty 
 shillings and sixpence for a pound ster- 
 ling, the sixpence being superadded to 
 make up the full weight. Lowndes^ Essay 
 on Coin, 4. Hale on Sheriff'' s Ace. 21. 
 Cowell. 
 
 SCALE. In early American law. To 
 adjust, graduate or value according to a 
 scale. " The court scaled the debt." Mar- 
 shall, arg. 2 Wash. (Va.) R. 5, 6. A 
 term used after the establishment of Amer- 
 ican independence, to signify a process of 
 adjusting the difference in value between 
 paper money and specie, rendered neces- 
 sary by the great depreciation of the 
 former. The act of assembly of Virginia 
 of February 10, 1781, establishing a,scaleoi 
 depreciation, and declaring that outstand- 
 ing current money contracts should be 
 'regulated by such scale, as at the date of 
 such contracts, is called an "An act for 
 scaling paper money contracts." 2 Wash. 
 (Va.) R. [41,] 62. Id. [98, 99,] 127. Id. 
 [103, 104,] 132, 134. 
 
 8CALINGA. L. Lat. In old records. 
 A quarry, or pit, for stones or slates. 2 
 Mon. Angl. 130. 
 
 SCAMNUM, (or 8CANNUM) CADU- 
 CUM. L. Lat. In old records. The 
 cucking-stool, or ducking-stool. Cowell. 
 
 SCANDAL. In equity practice. The 
 allegation of any thing either in a bill, 
 answer or any other pleading, which is 
 unbecoming the dignity of the court to 
 hear, or is contrary to good manners, or 
 which charges some person with a crime 
 not necessary to be shown in the cause. 
 Wyatt's Pract. Reg. 383. 1 DanielVs Ch. 
 Fr. 397. Story's Eq. PI. §§ 266, 862. 
 
 SCANDALUM MAGNATUM. L. Lat. 
 In English law. Scandal or slander of 
 great men or nobles. Words spoken in 
 derogation of a peer, a judge, or other 
 great officer of the realm, for which an 
 action lies, though it is now rarely re- 
 sorted to. 3 Bl. Com. 123. 3 Steph. Com. 
 473. 
 
 SCAPELLARE. L. Lat. In old Euro- 
 pean law. To chop; to chip or haggle. 
 Spelman. 
 
 SCAPHA. Lat. In the Roman law. 
 A boat; a lighter. Big. 14. 2. 4, pr. A 
 ship's boat. Id. 6. 1. 3. 1. 7d 21. 2. 44. 
 Loccen. de Jur. Mar. lib. 1, c. 2, § 6. 
 
 SCARA. L. Lat. In old European 
 law. A troop, {turma;) a division of an 
 army. A phalanx, (cuneus.) Spelman. 
 
 SCAVAGE, or 8CHEWAGE. [L. Lat. 
 
SCH 
 
 (441) 
 
 SCI 
 
 icavagium; from Sax. sceawian, to show.] 
 In old English law. A tribute exacted of 
 merchants by the owners of fairs, for leave 
 to shvw or offer their wares for sale there. 
 Spelman. Cowell. 
 
 SCAVER, Scavoir. L. Fr. To know. 
 Scait^ acet, sciet ; knows. Britt. c. "70. 
 Kelham. Scevent, secivent, sceuvent ; know. 
 Id. Scavez rien dire p' qui nous ne ren- 
 drom! jugH; know you nothing to say why 
 we should not render judgment ? Yearh. 
 M. 4 Edw. III. 43. 
 
 SCEATTA, Scmlta. Sax. A Saxon 
 coin, of less denomination than a shilling. 
 Spelman. 
 
 SCEDULA. L. Lat. In old English 
 law. An escrow. Dyer, 34 b. 
 
 SCEN. L. Fr. Sense; knowledge. 
 Kelham. 
 
 SCEPP. L. Fr. Stock; a stock. Kel- 
 ham. 
 
 SCHEDULA. L.Lat. In old English 
 law. A scroll ; an escrow. Fleta, lib. 5, 
 c. 9, § 13. 
 
 A paper containing a list of items. 
 Schedula expensarwn ; a bill of costs. 
 Clerks g Prax. Cur. Adm. tit. 9. 
 
 SCHEDULE. [Lat. schedula, dimin. of 
 scheda, a sheet of parchment or paper.] 
 In practice. A small sheet or scroll; a 
 sheet of parchment or paper appended to 
 any written instrument, containing a de- 
 tailed statement of matters generally men- 
 tioned and referred to in such instrument. 
 
 An inventory, or paper containing an 
 inventory. 
 
 SCHETES. In old English law. Usury, 
 so called. Hot. Pari. 14 Hie. II. Cowell. 
 
 SCHIRA, Schyra, Shira, Shyra. L. 
 Lat. [from Sax. scyran, to shear, cut or 
 divide.] In old English law. A shire or 
 county. Spelman. 
 
 SCHIREFF. The old Scotch form of 
 sheriff. Skene de Verb. Signif. 
 
 SCHIREMAN. [Sax. scyremon.] In 
 Saxon law. An officer having the civil 
 government of a shire, or county ; "an earl. 
 1 £1. Com. 898. 
 
 "SCHOOL-KEEPING," held to be a 
 " business." 1 M. (t S. 95. Lord Ellen- 
 borough, Id. 99. A public business. 36 
 Ung. Law & Eq. R. 83. 
 
 " SCHOOL-MASTER," held not to be 
 an addition within the statute of additions. 
 6 Taunt. Y59. 
 
 ■ SCHOUT. Belg. [from nt\xSb, debt.] 
 In Dutch law. An officer of a court who 
 convenes the judges and demands from 
 
 them justice for litigating parties. Usu- 
 ally translated sheriff. 0' Callaghan's New 
 Netherlands, i. 101. 
 
 The schout fiscaal was an important offi- 
 cer in New Netherlands. His duties were 
 equivalent to those performed among us 
 by a sheriff and an attorney-general. Id. 
 ibid. 102. 
 
 SCIANT PR^SENTES ET FUTURI. 
 L. Lat. Know [all men] present and to 
 come. Litt. sect. 372. Bract, fol. 34 b. 
 Fleta, lib. 3, c. 14, § 5. A form of com- 
 mencing deeds, of very great antiquity in 
 the common law. Expressed in the French 
 of Britton, Sachent a toutz ceux que icy 
 sount, et (I toutz ceux que avener sount ; 
 Know all those who are here, and all those 
 who are to come. Britt. c. 39. 
 
 SCIENDUM EST. Lat. It is to be 
 known, or understood. A phrase ' fre- 
 quently used in the civil law, in the com- 
 mencement of paragraphs or other divi- 
 sions of a subject, as preliminary to some 
 explanation, or as calling attention to some 
 particular rule. Sciendum itaque est, om- 
 nia fidei-commissa primis temporibus in- 
 firmafuisse; it is to be known, then, that 
 all trusts were, in their origin, weak. Inst. 
 2. 23. 1. In primis igitur sciendum est, 
 opus esse, &c. ; in the first place, it is to 
 be understood, that it is necessary, &c. 
 Id. 2. 28. 2. Sec Dig. 10. 4. 3. 9, 15. Id. 
 21. 1. 19, pr. It corresponded with wotan- 
 dum est, (it is to be marked or noted.) Id. 
 10. 4. 3. 2. The civilians who wrote in 
 Greek used the corresponding expressions, 
 ciihai hi, (it should be known,) and dSimi 
 XP>i. Dig. 26. 3. 1. 3. Id. 26. 5. 21, pr. 
 Id. 27. 1. 13. The expression sciendum 
 or sciendum est occurs frequently in Brac- 
 ton and Fleta, and corresponds with the 
 L. Fr. est ascavoir, or c'est ascavoir, con- 
 stantly used in Littleton and other writers. 
 See Ascavoir. 
 
 SCIENTER. L. Lat. Knowingly; 
 with knowledge. Bract, fol. 48 b. 2 Fast, 
 446. A term used in pleading, to express 
 knowledge on the part of a defendant or 
 prosecuted party, of certain facts essential 
 to constitute a valid ground of complaint 
 against him ; and also used as the name of 
 that part of a declaration or indictment in 
 which such knowledge is charged. Thus, 
 in an action for keeping a mischievous ani- 
 mal by which some injury has been done, 
 it must be alleged that the defendant kept 
 it toith knowledge of its habits or mis- 
 chievous nature. 2 Chitt. PI. 597. And 
 
SCI 
 
 (442) 
 
 SCI 
 
 in an indictment for passing counterfeit 
 coin, it must be alleged, that the accused 
 did so, knowing it to be counterfeit. 
 Wharton's Free, of Indict. l74, 175. This 
 is called, laying the action or indictment 
 with a scienter. 
 
 This term is merely the emphatic word 
 used in the old Latin forms of declarations 
 and indictments, retained in use from its 
 peculiar expressiveness. 
 
 Scienti et volenti non fit injuria. An in- 
 jury is not done to one who knows and 
 wills it. An act done to a person with his 
 knowledge and consent, is not an injury. 
 Bract, fol. 20. 
 
 SCIENTIA. Lat. [from scire, to know.] 
 Knowledge; information. Scientia sciolo- 
 
 rum est mixta ignorantia. The knowledge 
 
 of sciolists is a mixed ignorance. 8 Co. 169. 
 
 Scientia utrimqne par pares contralientes 
 facit. Equal knowledge on both sides 
 makes contracting parties equal. Lord 
 Mansfield, C. J. 3 Burr. 1905, 1910. An 
 insured need not mention what the under- 
 writer knows, or what he ought to know. 
 Id. ibid. Broom's Max. 363, [609.] 
 
 SCILICET. Lat. [from scire, to knew, 
 and lieet, it is permitted.] To wit ; that 
 is to say. A word used in pleadings and 
 other instruments, as introductory to a 
 more particular statement of matters pre- 
 viously mentioned in general terms, ffob. 
 171, 172. Commonly abbreviated sc. or 
 ss. In the old books, s. The word vide- 
 licet, (of similar import,) is now more com- 
 mon. See Videlicet. 
 
 Scilicet radically means, according to its 
 derivation, "You may know," and is 
 closely allied in its form and application to 
 the civil law phrase sciendum est, (q. v.) 
 So, in colloquial English, formal explana- 
 tions of any matter are often introduced 
 by the phrase, " you must know." So, the 
 French phrase c'est ascavoir (or est asca- 
 voir,) had the double meaning of "it is to 
 be known," and ".that is to say," the latter 
 a derivative from the former. And the 
 English " to wit," itself, literally signifies 
 " to know." See To wit. Wit. 
 
 SCINTILLA. Lat. A spark; a re- 
 maiaing particle ; the least particle. " A 
 scintilla of equity." Henley, Lord Keeper, 
 
 I W. Bl. 180. "There is not a scintilla 
 of intention upon the face of the will, to 
 show the contrary." Lord EUenborough, 
 
 II East, 322. « Not a scintilla of benefit." 
 Id. \ M.<& S. 509. See Q M.& S. 180. 
 
 SCINTILLA JURIS. L. Lat. A spark 
 
 of right ; a remaining particle of right ; a 
 latent particle of right or interest. A very 
 small but sufficient portion of the fee sim- 
 ple of an estate, supposed to remain in 
 feoffees to uses, to serve and support con- 
 tingent uses when they came in esse.* 4 
 Kent's Com. 238 — 246. 1 Co. 120, Ckud- 
 leigh's case. — A possibility of future seisin, 
 to serve future uses. 1 Steph. Com. 340, 
 note. — ^A capacity to receive a future sei- 
 sin. Burton's Heal I'rop. 57. 
 
 Mr. Sugden has observed that the doc- 
 trine of scintilla juris was first started in 
 Brent's case. Dyer, 340 a. Sugden on 
 Powers, 13, 14. The words used by Dyer, 
 in the case last referred to, are, "adhuc 
 remanet gucedam scintilla juris et tituli, 
 quasi medium quid inter utrosque status, 
 scilicet ilia possibilitas futuri usus emer- 
 gentis, et sic interesse et titulus et non tan- 
 tum nuda auctoritas seu potestas remanet ; 
 there still remains some scintilla (or spark) 
 of right and title, as a kind of middle or 
 intermediate thing between both estates, 
 to wit, that possibility of a future emerg- 
 ing (or arising) use ; ■ and so, an interest 
 and title, and not only a naked authority 
 or power remains. 
 
 In 1 Siderfin's Reports, 99, where the 
 above passage is quoted, the word tan- 
 tum is erroneously printed tarn, an error 
 occasioned by a misapprehension of the. 
 abbreviation tm, used in the edition of 
 Dyer, quoted by Mr. Sugden. In an 
 old folio edition of Dyer, in French, 
 (London, 1601,) the word is abbreviated 
 tatu, which removes all doubt as to the 
 true reading. This edition seems not to 
 have been consulted at the time the note 
 to 1 Sugden on Powers, 15, was written. 
 
 The phrase scintilla juris itself, seems to 
 have been taken from Bracton. Sed quid 
 dicetur de eo qui nullum omnino seysinam 
 hahuit, nee aliquam juris scintillam ; but 
 what shall be said of him who had no sei- 
 sin at all, nor any spark of right. Bract. 
 fol. 310. Nuda \^possessio^ uhi quis nihil 
 juris habet in re, nee aliquam juris scintil- 
 lam, sed tantum nudam pedum positionem; 
 naked possession, where one has no right 
 in a thing, nor any spark of right, but only 
 a mere ifoothold. Id. fol. 39. And see 
 Fleta, lib. 4, c. 7, § 2. Id. lib. 4, c. 30, § 2. 
 
 Scintilla juris is used by Lord Coke in 
 the sense of a spark of law. 3 Inst. 79. 
 4 Bl. Com. 360. Lord Bacon calls it " a 
 conceit." Head. Uses; Works, iv. 193. 
 
 Scire debes cum quo contraliis. You 
 
SCI 
 
 (443) 
 
 SCO 
 
 ought to know with whom you contract or 
 bargain. 
 
 SCIRE FACIAS. L. Lat. (You cause 
 to know.) In practice. 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 not have advantage of such record, 
 or (in case of a scire facias to repeal let- 
 ters patent,) why the record should not be 
 annulled and vacated. 2 Arch. Pr. 86. 
 So called from the words of the Writ 
 (when in Latin,) to the sheriflF, — Quod 
 SCIRE FACIAS pTcefato T. quod sit coram, 
 dbc. ostensurus, si quid pro se habeat aut 
 dicere sciat quare, dtc; that you cause the 
 said T. to know, [or that you give notice 
 to the said T.] that he be before, &c. to 
 show, if he have or know any thing to say 
 for himself, whj', &c. Co. Litt. 290 b. 
 See Beg. Jud. 11, 12, 21, 41. 
 
 The most common application of this 
 writ is as a process to revive a judgment 
 after the lapse of a certain time, or on a 
 change of parties, or otherwise to have exe- 
 cution of the judgment, in which cases it 
 is merely a continuation of the original 
 action. 2 Arch. Pr. 86. It is used more 
 rarely 'as a mode of proceeding against 
 special bail on their recognizance, and as 
 a means of repealing letters patent ; in 
 which cases it is an original proceeding. 
 Id. ibid. It is said by Lord Coke to be 
 " accounted in law in nature of an action," 
 because the defendant may plead to it, and 
 is sometimes expressly called an action. 
 Co. Litt. 290 b. 1 HilVs (N. Y.) B. 339. 
 Cowen, J. Id. 342. See 2 Burr. Pr. 164. 
 United States Digest, Scire facias. 
 
 SCIRE FECI L. Lat. (I have caused 
 to know.) In practice. The name given 
 to the sheriff's return to a writ of scire fa- 
 cias, that he has caused notice to be given 
 to the party or parties against whom the 
 writ was issued. 2Arch.Pr.98,9Q. Arch. 
 Farms, 439. Derived from the emphatic 
 words of the old Latin return. 
 
 SCIREGEMOTE, (or SCYREGE- 
 MOTE.) Sax. [from scyre, shire, and ge- 
 mote, court.] In Saxon law. The shire 
 mote or county court ; the principal court 
 of the Saxons, held twice a year before the 
 bishop and alderman. OrabVs Hist. 28. 
 Spelman, voc. Gemotum. 
 
 Scire leges, non hoc est verba earnm tenere, 
 ssd vim ac potestatem. To know the laws, 
 is not to observe their mere words, but 
 their force and power ; [that is, the essen- 
 
 tial meaning in which their efficacy resides.] 
 Dig. 1. 3. \1. 1 Kenfa Com. 462. 
 
 Scire proprie est rem rati one et per causam 
 COgnoscere. To know properly is to know 
 a thing in its reason, and by its cause. 
 We are truly said to know any thing, where 
 we know the true cause thereof. Co. Litt. 
 183 b. 
 
 SCIREWYTE. In old English law. A 
 tax or prestation paid to the sheriff for 
 holding the assises or county courts. 
 Paroch. Ant. 573. Cowell. 
 
 SCISSIO. Lat. [from scindere, to cut] 
 In old English law. A cutting. Scissio 
 auricularum ; cropping of the ears. An old 
 punishment. Fleta, lib. 1, c. 38, § 10. 
 
 Scissor; a cutter. Scissores bursarum ; 
 cut-purses. Id. ibid. § 11. 
 
 Scissura; a cutting. Scissura bur see ; 
 purse-cutting. Id. ibid. 
 SCITO quod ut modus est, si conditio, quia causa. 
 
 Know that ut expresses or denotes man- 
 ner, si, condition, quia, cause. A rule 
 in the form of a hexameter line, by which 
 the peculiar force and function of the par- 
 ticles ut, si and quia, in old conveyancing, 
 were expressed. Bract, fol. 18 b. Dyer, 
 138 b. See Ut, Si, Quia. 
 
 SCLANDRE. L. Fr. In old English 
 law. Slander. Stat. Westm. 1, c. 34. 
 
 SCLUSA, Slusa, Clusa,Exclusa,Clausa. 
 L. Lat. In old European law. A place 
 so narrowed by nature or art, as easily to 
 prevent or permit the passage of any thing. 
 Spelman. 
 
 SCOT. [L. Lat. scotlum, scottus, scotta ; 
 from Sax. sceat, a part or portion.] In old 
 English law. A tax, or tribute; one's 
 share of a contribution. Or rather, a con- 
 tribution of several. 
 
 Camden, following Matthew of West- 
 minster, defines this word to mean, " that 
 which is gathered together into one heap, 
 from several things," {illud quod ex diver- 
 sis rebus in unum acervum aggregatur.) 
 Cowell. Spelman observes that it properly 
 signifies what the authors of the middle 
 ages called conjectus, (a throwing together,) 
 because it was thrown together by several 
 into one, from Sax. sceote, to throw or cast, 
 whence sceotan, to shoot. It is found as- 
 sociated with the word lot, in the laws of 
 William the Conqueror, and other early 
 records; scot and lot, (or, in the Saxon 
 form, an Mot dt an scote,) signifying a cus- 
 tomary contribution laid upon all subjects, 
 according to their ability. Cowell. Spel- 
 man, voce. Scot, Lot. 
 
SCR 
 
 (444) 
 
 SCT 
 
 SCOTALE, Scotall. [L. Lat. scotalla, 
 scotallum ; from Sax. scot, money ortribute, 
 and a/e.] In old English law. A compo- 
 tation or entertainment with ale, given for 
 the purpose of extorting money. Called, 
 in old English, ale shot, and in Welch, ca- 
 mortha. Spelman. JBritt. c. 21. Cowell. 
 The word scotalla occurs in the Charter of 
 the Forest, (c. 8, or 7,) and is defined by 
 Manwood to be, where any officer of the 
 forest keeps an alehouse within the forest, 
 by color of his office, causing men to come 
 to his house, and there to spend their 
 money, for fear of having displeasure. Id. 
 But Spelman gives a different reading of 
 the word, with quite a different interpre- 
 tion, which he prefers. 
 
 SCOTALLA, Scotala, Scotallum. L. 
 Lat. In old English law. Scotall or sco- 
 tale, (q. v.) Nullusforestarius vel bedellus 
 de cetera faciat scotallas, vel colligat garhas 
 vel avenam, vel hladum aliquod, vel agnos 
 vel porcellos, vel aliquam collectam facial ; 
 no forester or beadle shall from henceforth 
 make scotales, or collect sheaves or oats or 
 any com, or lambs or pigs, or make any 
 collection. Cart, de Forest, c. 7. See 
 Fleta, lib. 2, c. 41, § 25. Spelman, voc. 
 Scotala. 
 
 SCOTTARE. L. Lat. In old records. 
 To pay scot, tax or customary dues. Cowell. 
 
 SCRAMA. L. Lat. In old European 
 law. A kind of cutting weapon. L. 
 Wisigoth. lib. 9, tit. 2, 1. 9., SpelTnan. 
 
 SCRAWL. A word used in some of 
 the United States for scrowl or scroll, (q. v.) 
 " The word ' seal,' written in a scrawl at- 
 tached to the name of an obligor, makes 
 the instrument a specialty." 2 Florida 
 R. 418. 
 
 SCRIBA. Lat. \pomscrihere, to write.] 
 A scribe ; a secretary. Scriba regis ; a 
 king's secretary ; a chancellor. Spelman. 
 
 Scribere est agere. To write is to act. 
 Treasonable words set down in writing 
 amount to overt acts of treason. 2 Roll. 
 B. 89. 4 Bl. Com. 80. Broom's Max. 
 146, r229.] 
 
 SGElIP, held not to be goods, wares or 
 merchandize. 16 Mees. d: PF. 66. 
 
 SCRIPT, [from Lat. scriptum, q. v.] 
 In practice. A writing. A paper offered 
 for probate as a will, called a script. 3 
 Jones' Law B. 154. 
 
 SCRIPTORIUM. L. Lat. [from scri- 
 bere, to write.] In old records. A place 
 in monasteries, where writing was done. 
 Spelman. 
 
 SCRIPTUM. Lat. [from scribere,^ to 
 write.] In old conveyancing. A writing ; 
 a thing written. Fleta, lib. 2, c. 60, § 25. 
 This word, alone, does not import or sig- 
 nify a deed, (that is, an instrument under 
 seaU 2 Stra. 814. 
 
 Scriptum indentatum ; a writing inden- 
 ted; an indenture or deed. Reynolds, J. 
 Id. 815.' 
 
 Scriptum obligatorium ; a writing obli- 
 gatory. The technical name of a bond in 
 old pleadings. T. Raym. 393. Any writ- 
 ing under seal. Id. ibid. 
 
 SCRIPTURA. Lat. [from scribere, to 
 write.] In old English law. The act or 
 fact of writing. Fleta, lib. 2, c. 60, § 25. 
 
 SCRIVECT'. In old English practice. 
 Scruet. Scrivect' finium ; scruet of fines. 
 A species of roll used in cases of habeas 
 corpus. 3 How. St. Trials, 117. 
 
 SCRIVENER. In practice. One who 
 writes, or copies writings for others. Called 
 an office of confidence. 2 Rep. in Ch. 29. 
 As to the office of money scrivener, see 3 
 Campb. R. 538. 
 
 SCRIVER. L. Fr. To write. Xel- 
 ham. 
 
 SCROLL, Scrowl. [L. Fr. escrowe, es- 
 crovet-l In practice. A paper or parch- 
 ment containing some writing, and rolled 
 up so as to conceal it ; an escrow. Little- 
 ton speaks ofpetits escrovets, (little scrolls,) 
 used for drawing lots between co-parceners. 
 Litt. sect. 246. See Escrow. The papers 
 on which jurors' names are written, and so 
 drawn out of the box, are still sometimes 
 called scrolls. 8 Iredell's (N. C.) R. 35. 
 
 A flourish with a pea, at the end of a 
 signature, or a circle of ink, ot other mark 
 witn a pen, representing a seal, is allowed 
 in some of the United States as a valid 
 substitute for a seal. 4 Kent's Com. 453, 
 and notes. 4 Greenl. Cruise's Dig. [27,] 
 36, 38, note. This is sometimes called a 
 scrawl. Swan's Statutes of Ohio, 1854, 
 chap. 102. 2 Hilliard's Real Prop. 280, 
 [296.] 
 
 SCRUET-ROLL, (or SCRUET FINI- 
 UM.) In old practice. A species of roll 
 or record, on which the bail on habeas 
 corpus was entered. 3 St. Trials, 134, arg. 
 
 SCRUTATOR. Lat. In old English 
 law. A searcher or bailiff of a river; a 
 water-bailiff, whose business was to look 
 to the king's rights, as his wrecks, his 
 floatsan, jetsan, water-strays, royal fishes. 
 Hale de Jur. Mar. pars 1, c. 5. 
 
 SCTUM. A common abbreviation, or 
 
sou 
 
 (445 ) 
 
 SEA 
 
 contraction, in the civil law, of senatus con-' 
 
 SUltUTTt I O VI 
 
 SCIJLDASIUS, Sculdais. L. Lat. In 
 old European law. A kind of judicial offi- 
 cer; a judge's assistant, combining minis- 
 terial with judicial duties. Sjjelman. LL. 
 Longohard. lib. 1, tit. 2, 1. 2. Id. tit. 
 14, 1. 1. 
 
 SCURIA. L. Lat. In old European 
 law. A barn or stable. LL. Alaman. tit. 
 82, § 2. Spelman. 
 
 S'C'US. A contraction of sanctus. 1 
 
 SCUSSirS,' L. Lat. In old European 
 law. Shaten or beaten out, (excussus ;) 
 threshed, as grain. Spelman. 
 
 SCUTAGE. [L. Lat. scutagium, from 
 scutum, a shield; L. Fr. escuage,ivoTD.escu, 
 a shield; Sax. scild-penig, shield-money.] 
 In old English law. A sum of money 
 assessed upon those tenants by knight-ser- 
 vice who had made default in doing their 
 service, (that is, had not followed their 
 lord in person to the wars, nor found a 
 substitute) being so much for each shield, 
 (scutum.) Beg. Orig. 88. 
 
 A pecuniary aid or tribute originally re- 
 served by particular lords, instead or in 
 lieu of personal service, varying in amount 
 according to the expenditure which the 
 lord had to incur in his personal attend- 
 ance upon the king in his wars. See 
 Wright on Tenures, 121 — 134. 
 
 A pecuniary composition or commuta- 
 tion made by a tenant by knight service, in 
 lieu of actual service. 2 Bl. Vom. 74. See 
 Bract, fol. 36, 37, 11 b. 
 
 SCUTAGIUM. L. Lat. [from scutum, 
 a shield.] In old English law. Scutage, 
 (q. V.) Scutagium \nominatur'\ quia talis 
 prcBstatio pertinet ad scutum quod assumitur 
 ad servitium militare ; it is called scutage 
 because such payment belongs to the shield 
 which is borne for military service. Bract. 
 fol. 36. Id. fol. 77 b. 
 . SCUTE, Skute. [Lat. scutum.] A 
 French coin of gold, coined A. D. 1427, of 
 the value of 3s. 4d. Fortescue de L. L. 
 Anglice, c. 29, note. ' 
 
 SCUTELRIA. L. Lat. In old English 
 law. A scullery. Fleta, lib. 3, c. 18.. 
 
 SCUTIFER. L. Lat. In old records. 
 Esquire ; the same as armiger. Spelman. 
 
 SCUTUM. L.Lat. In old English law. 
 A pent-house or awning ; literally, a shield, 
 or shelter. By the Assise of Measures, 
 9 Bic. I. it was forbidden to all merchants 
 throughout England, to spread over their 
 
 shop windows red or black cloths or awn- 
 ings (scuta,) or any other things by which 
 the sight of purchasers is often deceived in 
 selecting a good cloth. Spelman. 
 
 SCUTUM ARMORUM. L. Lat. In 
 old records. A shield or coat of arms. 
 Cowell. 
 
 SCYRA. L. Lat. In old English law. 
 Shire ; county ; the inhabitants of a coun- 
 ty. Writ cited, HaUs Hist. Com. Law, 
 119. 
 
 SE, ,Si. L.Fr. If; whether; his; but; 
 except. Kelham. 
 
 SE DEFENDENDO. L. Lat. [L. Fr. 
 soy defendaunt.'] In defending himself; 
 in self defence. Fleta, lib. 1, c. 23, § 15. 
 See IIom,icide se defendendo. 
 
 SEA-FISH, held not to be shell-fish. 2 
 M. & S. 568. 
 
 SEA-GREENS. In Scotch law. Those 
 grounds which are over-flowed in spring 
 tides. Bell's Diet. Held to be private 
 property. Id. Land washed by the sea 
 only at high spring tides. 1 Bell's Ap. 
 Cas. 512, arg. 
 
 SEA-LETTER. In international law. 
 A document which neutral merchant vessels 
 are bound to carry in time of war, as an 
 evidence of nationality, and for the purpose 
 of protection against belligerent powers.* 
 4 Kent's Com. 157. In form, it is a per- 
 mission from the neutral state to the master 
 of the vessel, to proceed on the intended 
 voyage, and usually contains his name and 
 residence, the name, description and des- 
 tination of the vessel, with such other mat- 
 ter as the local law and practice require. 
 Wheaton on Cap. 65. 5 Fast, 398. Ja- 
 cobsen's Sea Laws, (Am. ed. 1818,) 69, 
 note. In American law, the term sea- 
 letter has generally been used as synony- 
 mous with passport, (q. v.) Id. 67, note. 
 1 Kent's Com. 157. Wheaton on Cap. 65. 
 According to Mr. Marshall, however, the 
 sea-letter (or sea-brief, as it is otherwise 
 termed,) is a different document from the 
 passport, relating to the nature and quantity 
 of the cargo, the place from whence it 
 comes, and its destination. 1 Marshall on 
 Ins. 317. But see the edition of 1810, p. 
 406 b. And, in New-York, it has formerly 
 been held to be the same thing with the 
 certificate of property or ownership. 2 
 Johns, a. 531. But see 1 Id. 192. Ja- 
 cobsen's Sea Laws, 66 — 69, note, (Am ed ) 
 
 SEA-SERVICES. See 3 How. State 
 Trials, 869. 
 
 SEA-SHORE. [LatUttus maris.] The 
 
SEC 
 
 (448) 
 
 SEC 
 
 after maliing Ms count or declaration, for 
 the purpose of confirming his allegations 
 by their testimony, before the defendant 
 pleaded. St inde statim producat sectam 
 sufftcientem, duos ad minus, vel ires, vel 
 plures, si possit ; and thereupon he should 
 immediately produce a suflScient suit, two 
 persons, at the least, or three or more, if 
 he can. Bract, fol. 410. See Id. 214 b, 
 400 b. Fleta, lib. 2, c. 47, §§ 25, 28, 38. 
 Id. c. 55, § 2. Id. c. 63, §§ 10, 12. Called 
 secta, (from sequi, to follow,) because they 
 were usually the plaintiff 's /o^fower* or re- 
 tainers, [domestici et familiares.) 3 £1. 
 Com. 295. Bract, fol. 214 b, 400 b. This 
 production, of suit became a mere form as 
 early as the reign of Edward II. but the 
 formula by which it was expressed, — " JEt 
 inde producit sectam," continued to be re- 
 tained on the record, and in this way came 
 to be used as the concluding clause of the 
 plaintiff's declaration ; though, in the mod- 
 ern forms, it is translated, (with reference 
 to another meaning of secta,) " And there- 
 upon he brings suit," or, " And therefore 
 he brings his suit," &c. Steph. PI. 429, 
 430. 3 Bl. Com. 295. Spelman seems to 
 have overlooked this meaning of the word. 
 
 Pursuit of a felon. Et sic quod fiat 
 secta de terra in terram, cum omni dili- 
 gentia, donee malefactores comprehendantur; 
 and so that suit (or pursuit) be made from 
 land to land, (from one lord's land to an- 
 other's) with all diligence, until the male- 
 factors be taken. Bract. 116. Recens 
 secta; fresh pursuit. i^Yete, lib. 1, c. 24, § 3. 
 
 A suit or action ; the prosecution, or 
 following up of one's right at law. Spel- 
 man. Stat. Westm. 2, c. 40. Secta est 
 pugna nivilis ; sicut actores armantur ac- 
 tionibus, et quasi accinguntur gladiis, ita 
 rei [e contra,^ muniuntur exceptionibus, et 
 defenduntur quasi clypeis. A suit is a civil 
 battle ; as plaintiffs are armed with actions, 
 and girded [with them] as it were, with 
 swords, so defendants, on the other hand, 
 are guarded with exceptions, [pleas or 
 defences,] and defended [with them] as it 
 were, with shields. Hob. 20. This, with 
 the exception of the words secta est pugna 
 civilis, is a quotation from Bracton. Bract. 
 fol. 399 b. 
 
 A feudal service, by which a tenant was 
 bound to attend his lord's court. See 
 Secta curice. 
 
 A customary service on the part of a 
 tenant, to grind his grain at his lord's mill. 
 See Secta ad molendinum. 
 
 In old records. A suit of clothes. 
 Cowell. Spelman. 
 
 SECTA AD MOLENDINUM. L. Lat. 
 [L. Fr. sute a molyn^ In old English law. 
 Suit at mill ; suit to mill ; the customary 
 service of doing suit to another's mill. 
 HaWs Anal. sect. xlii. A service which 
 was due by usage time out of mind, from 
 the persons resident in a particular place, 
 of carrying their corn to a certain mill to 
 be ground. 3 Bl. Com. 235. The writ 
 de secta ad molendinum, was given as a 
 remedy for the withdrawal of this service. 
 Id. ibid. 
 
 SECTA AD FUKNUM. L. Lat. In 
 old English law. Suit due to a man's 
 public oven or bake-house. 3 Bl. Com. 
 235. 
 
 SECTA AD TORRALE. L. Lat. In 
 old English law. Suit due to a man's kiln 
 or malt-house. 3 Bl. Com. 235. 
 
 SECTA CURI^. L. Lat. In feudal 
 and old English law. Suit of court ; suit 
 to court ; the service of following the lord 
 in his court, or of attending his court. A 
 service which all feudal tenants were bound 
 to perform ; the object of such attendance 
 being to answer such complaints as might 
 be alleged against themselves, as well as to 
 form a jury or homage for the trial of their 
 fellow tenants.* 2 Bl. Com. 54. Holers 
 Anal. sect. xlii. 
 
 SECTATOR. L. Lat. [from secta, suit.] 
 In old English law. A suitor ; one who 
 was bound to do suit, especially suit at 
 court. The sectatores, or suitors of the 
 courts, were the judges who transacted the 
 business. Worthington on Juries, 19. See 
 Fleta, lib. 2, c. 2, § 13 ; c. 53, § 1. 
 
 SECTORES. Lat. In the Roman law. 
 Purchasers at auction, or public sales. Ba- 
 bington on Auctions, 2. Properly, the pur- 
 chasers of confiscated property. Adam's 
 Rom. Ant. 49. 
 
 SECUNDUM. Lat. In the civil and 
 common law. According to. Secundum 
 bonos mores; according to good usages; 
 according to established custom ; regu- 
 larly ; orderly. Calv. Lex. Secundum 
 quantitatem terrce ; according to the quan- 
 tity of land. Plowd. 10. Secundum 
 cequum et bonum; according to what is 
 just and good. 13 East, 419. Secundum 
 consuetudinem husbandrice manerii; ac- 
 cording to the custom of husbandry of 
 the manor. 1 Id. 409. 
 
 For; in favor of; (pro.) Calv. Lex. 
 
 Near; (prope.) Secundum ripam; near 
 
SEC 
 
 (449) 
 
 SED 
 
 the bant. Id. Secundum parietem ; near 
 the wall. Id. 
 
 SECUNDUM ALLEGATA ET PRO- 
 BATA. Lat. According to the things al- 
 leged and proved ; according to the allega- 
 tions and proofs. 1 Sumner's B. 375. 
 " Courts and juries cannot do otherwise 
 than decide secundum allegata et probata 
 in each particular case." Lord Ellenbo- 
 rough, 15 Hast, 81. See 3 Taunt. 30. 
 
 SECUNDUM FORMAM STATUTL 
 Lat. According to the form of the stat- 
 ute. This phrase is adduced by Sir W. 
 ■ Blackstone to show the inferiority of the 
 English language to the Latin, in point of 
 conciseness ; seven English words being 
 necessary to express the meaning of three 
 Latin. 3 Bl. Com. 323, and note. The 
 phrase secundum statutum is found in the 
 civil law. Cah. Lex. 
 
 SECUNDUM LEGEM COMMUNEM. 
 L. Lat. According to the common law. 
 Fleta, lib. 2, c. 2, § 13. Non secundum 
 legem communem, sed secundum suas con- 
 suetudines diu ohtentas ; not according to 
 the common law, but according to their 
 own long established customs. Id. ibid. 
 
 SECUNDUM NATURAM. Lat. Ac- 
 cording to nature; natural. Secnndum na- 
 turara est commoda cnjusque rei eum seqiii, 
 pem sequentnr inconunoda, It is accord-' 
 
 ing to nature that the advantages of any 
 thing should attach to him to whom the 
 disadvantages attach. Dig. 50. 17. 10. 
 
 SECUNDUM NORMAM LEGIS. Lat. 
 According to the rule of law ; by the in- 
 tendment and rule of law. BaeorHs Arg. 
 Low's case ; Works, iv. 234. 
 
 SECUNDUM SUBJECTAM MATE- 
 RIAM. L. Lat. According to the sub- 
 ject matter. 1 Bl. Com. 229. All agree- 
 ments must be construed secundum subjec- 
 tam materiam, if the matter will bear it. 
 2 Mod. 80, arg. Delivery must be secun- 
 dum subjeetam materiam. 2 Kenfs Com. 
 439. 
 
 SECURUS. Lat. Secure ; safe or sure. 
 See Si tefecerit securum. 
 
 SECURITAS. Lat. [from securus, q. v.] 
 In old English law. Security ; surety. 
 Capta securitate a creditore de prose- 
 quendo ; having taken security from the 
 creditor to prosecute. Fleta, lib. 2, c. 60, 
 § 33. See infra. 
 
 In the civil law. An acquittance, or re- 
 lease, (apocha.) Spelman. Calv. Lex. 
 
 SECURITATE PA0I8, Breve De. L. 
 Lat. In old English practice. Writ of 
 
 Vol. II. 29 
 
 security of the peace. A writ which lay 
 for one who was in fear of some bodily 
 harm from another ; as where another had 
 threatened to kill, beat or assault him. 
 F. N. B. 79 G. Called, in the Register, 
 breve de minis, a writ of threats, or in case 
 of threats. Reg. Orig. 88 b. 
 
 SECURITY. [Lat. securitas, q. v.] That 
 which makes secure. An instrument given 
 to secure the performance of an act or con- 
 tract. 
 
 A surety; a person bound by such an 
 instrument. But surety is the more pro- 
 per term in this application. 
 
 SECURITY FOR COSTS. In practice. 
 A security which a defendant in an action 
 may require of a plaintiff who does not re- 
 side within the jurisdiction of the court, 
 for the payment of such costs as may be 
 awarded to the defendant. 1 Tidd's Pr. 
 534. 2 ^rcA. P?-. 213. 1 Burr. Pr. \1Q. 
 
 Securius expediuntnr negotia commissa 
 pliiribus, et pins vident oeuli qnam oculus. 
 Matters entrusted to several are more 
 securely dispatched, and [several] eyes see 
 more than [one] eye. 4 Co. 46 a. 
 
 SECU8. Lat. Otherwise, (aliter.) 12 
 Mod. 229. 1 P. Wms. 447. See Aliter. 
 
 Amiss ; contrary. Calv. Lex. 
 
 SED NON ALLOCATUR. L.Lat. But 
 it is not allowed. A phrase used in the 
 old reports, after giving the argument of 
 counsel, where the court is contra. Latch, 
 106. "It was argued," &c. "It was in- 
 sisted," &c. " Sed non allocatur. '' Com. 
 329. Id. 576, 577. « Sed non allocatur, 
 because it has been otherwise adjudged." 
 Latch, 171. See Allocatur. 
 
 SED PER CURIAM. L.Lat. But by 
 the court. 2 P. Wms. 24, 25. 
 
 SEDATOANIMO. L.Lat. With set 
 tied purpose. 5 Mod. 291. 
 
 SEDENTE CURIA. L. Lat. The court 
 sitting ; during the sitting of the court. 
 
 SEDERE. Lat. To sit, as a court, or 
 the judges of a court. See Sedente curia. 
 Bracton uses residere. 
 
 In the civil law. To be satisfactory to 
 ? J"4S^> (P^aeere.) Si hoc judici sederit ; 
 if this be approved by the iudare. Dia. 2 
 8. 7. 2. ^ ^ 
 
 SEDERUNT. L.Lat. (They sat.) In 
 Scotch law. The session or sitting of a 
 court. See Acts of sederunt. 
 
 SEDES. Lat. A see; the dignity of 
 a bishop. 3 Steph. Com. 65. 
 
 SEDITIO. Lat. [from seorsum, apart 
 and 4>e, to go.] In the civil law. Disturb- 
 
SEI 
 
 (450) 
 
 SEI 
 
 ance of the public tranquillity, [quietis puh- 
 liccB perturbatio.) See Cod. 9. 30. 1. 
 
 In old English law. Sedition ; treason. 
 Glanv. lib. 1, c. 2. 1 Hale's P. C. 11, 
 note. 
 
 SEDITION, [from seditio,^ q. v.] In 
 criminal law. An oflFence against the gov- 
 ernment of a country, not capital, and not 
 amounting to treason, consisting of at- 
 tempts made by meetings, or by speeches 
 or publications, to disturb the tranquillity 
 of the state, or to excite discontent against 
 the government.* It is of the like ten- 
 dency with treason, but without the overt 
 acts which are essential to constitute the 
 latter crime. Brande. 
 
 Sedition, {sediiio,) is used by the oldest 
 writers on English law, (Glanville, Bracton 
 and Hengham,) in the sense of treason, 
 and seditio continued to be the technical 
 word in legal proceedings until the term 
 proditio prevailed in its room. In the 
 time of Sir Matthew Hale, sedition had 
 lost this ancient sense, which accounts for 
 the comparative disuse of the term in mod- 
 ern English law, and its entire omission in 
 some of the dictionaries and standard, trea- 
 tises. 1 Hale's P. 0. 11, and note. For 
 a minute discussion of its meaning, with 
 a copious reference to authorities, see 3 
 HowelVs State Trials, 242, 243, 244, 248, 
 249, 254, 261, 267, 279, 283, 284. 
 
 SEDIJCTIOK [from Lat. seductio, from 
 seducere, to draw aside.] The debauching 
 of a woman ; the offence of inducing a 
 woman to consent to unlawful intercourse. 
 See 3 Bl. Com. 140. 3 Steph. Com. 540. 
 
 SEE. L. Fr. Seat. Kelham. 
 
 SEEL. L. Fr. In old English law. 
 Seal; a seal. Le seel est consuf et glue al 
 fait ; the seal is sewed to and glued to the 
 deed. Yearb. M. 1 Hen. VI. 27. 
 
 SEHOMSOKNE. A word in Fleta, 
 
 which, in the errata to the edition of 1647, 
 
 s corrected sahomsohne. Fleta, lib. 1, 
 
 . 34, § 8. From the context, it seems to 
 
 be a misprint for homsokne, or hamsofcne, 
 
 (q. V.) 
 
 SEI. L. Fr. Him ; his ; them. Kelliam. 
 
 SEIGNEUE. Fr. and L. Fr. In old 
 English law. Lord; a lord. Used, also, in 
 the sense of owner or master, {dominus.) 
 See Barringt. Obs. Stat. 286, 287. 
 
 SEIGNIORESS. In old English law. 
 A female superior; a lady. Perk c. 6, 
 s. 462. 
 
 SEIGNIORY. [L. Fr. seignioury ; Fr. 
 seigneurie; L. Lat. dominicum, dominium^ 
 
 In feudal and English law. Lordship ; the 
 estate which a lord had in the land held 
 by his tenant; the ultimate property re- 
 tained"by the lord. See Dominicum. 
 
 A lordship or manor. Cowell. 
 
 SEIGNIOUR. L. Fr. [Lat. dominus.] 
 Lord ; a lord. Britt. c. 68. 
 
 SEISED. This word excludes chattels. 
 Bac. Bead. Uses.; Works, iv. 189. An- 
 ciently, however, it was applied to per- 
 sonal property. See Seisi. 
 
 " Seised," in the New-York statutes of 
 escheats, construed. 3 Comstock's R. 294. 
 
 SEISER. L. Fr. To take; to take ■ 
 hold of. Seiser et tener ; to take and 
 hold. Britt. c. 40. 
 
 SEISI. L. Fr. In old English law. 
 Seised; possessed. Q&isi de deux juments ; 
 seised of two beasts. Yearh. M. 4 Edw. 
 IIL 11. 
 
 SEISIARE. L. Lat. In old English 
 law. To seize. Nos vero, vel ballivi nos- 
 tri non seisiemus terram aliquam nee reddi- 
 tum pro debito aliquio ; but we or our bail- 
 iffs will not seize any land nor rent for any 
 debt. Mag. Cart. c. 8. 
 
 SEISIE. L. Fr. [from seiser, q. v.] In 
 old English law. Seised. Called by Lord 
 Coke, " a word of art, and in pleading only 
 applied to a freehold at least, as possesse, 
 (possessed,) is, for distinction sake, to a 
 chattel real or personal." Co. Litt. 200 b, 
 17 a. Litt. sect. 324. See Seisi, Seised. 
 
 SEISIN. [L. Fr. seisine, from seiser, 
 saisir, to seize ; L. Lat. seisina, seysina, 
 q. v.] Possession; possession of land; 
 possession of an estate of freehold in 
 lands. Co. Litt. 153 a. 2 CrahVs Beat 
 Prop. 1000, § 2374. 
 
 In its feudal sense, actual corporal pos- 
 session of land ;* investiture. Spelman. 
 The ownership of a feudal tenant. 1 
 Spence's Chancery, 135, note. "Seisin is 
 a technical term to denote the completion 
 of that investiture by which a tenant was 
 admitted into the tenure, and without 
 which, no freehold could be constituted or 
 pass." Lord Mansfield, 1 Burr. 60, 107. 
 See Seisina, Seysina. 
 
 Seisin is prt^erly applied to freehold, 
 possession to goods and chattels, although 
 sometimes the one is used instead of the 
 other. Co. Litt. 17 a. Seisin in deed is 
 actual possession of the freehold; seisin 
 in law is a legal right to such possession. 
 4 Kent's Com. 386, note. In some of the 
 United States, seisin means merely owner- 
 ship, and the distinction between seisin in 
 
SEL 
 
 (451) 
 
 SEM 
 
 deed and in law is not known in practice. 
 1 Hilliard's Real Prop. 82, 83, [41, 42.] 
 
 SEISINA, Seysina, Saisina. L. Lat. 
 [from L. Fr. seisine, q. v.] In old English 
 law. Seisin ; possession of a freehold 
 estate. Fleta, lib. 4, c. 7, §§ 2, 3. 
 
 Seisina facit Stipitem. Seisin makes the 
 stock. 2 Bl. Com. 209. Actual seisin of 
 a person makes him the root or stock 
 from which all future inheritance by right 
 of blood must be derived. Id. ibid. This 
 maxim has been, in effect, discarded in 
 England, by the Inheritance Act, 3 & 
 , 4 Will. IV. c. 106, which establishes in 
 every case the rule that descent shall be 
 traced from the purchaser. 1 Steph. Com. 
 367. Broom's Max. 226—229, [401, 404.] 
 It is abrogated, also, in most of the IJnited 
 States. 4Xent's Com.388,Z89. 13 Georgia 
 R. 238. 
 
 SEISIKE. L.Lat. In old English law. 
 To take ; to be seised. Seisitus ; seised. 
 Cro. Jac. 634. See Seysire. 
 
 SEIZURE. Capture. "Every capture 
 is a seizure." Lord EUenborough, 15 
 Hast, 13. 
 
 SELDA. L. Lat. In old English law. 
 A window ; a shop-window. Assis. Men- 
 sur. 9 Ric. 1. Spelman. 
 
 A shop, shed or stall. Cowell. 
 
 A wood of sallows, willows, or withies. 
 Co. Liu. 4 b. 
 
 SELECTI JUDICES. Lat. In the 
 Eoman law. Selected judges ; persons 
 chosen by lot, out of a larger number, to 
 act as judices in criminal cases. Sallifax, 
 Anal. b. 3, c. 1 3, num. 4,20. Adam's Rom. 
 Ant. 276, 280. The points of resemblance 
 between these judices and the jurors of the 
 common law, have been particularly noticed 
 by Blackstone, but, as remarked by Dr. 
 Hallifax, his observations on this head 
 would have been better placed, if inserted 
 in that part of the commentaries which 
 treats of criminal proceedings. 3 Bl. Com. 
 366. The selecti judices were exclusively 
 used in what were termed puhlica judicia, 
 or criminal trials, and not at all in the 
 trial of civil causes. Hall. Anal. b. 3, c. 
 13, num. 31, note. 
 
 SELEZ. L. Fr. Saddled. Selez e en- 
 freneg ; saddled and bridled. £L. Gul. 
 Cong. 1. 22. 
 
 SELF DEFENCE. In criminal law. 
 The protection of one's person or property 
 against some injury attempted by another. 
 The right of such protection. An excuse 
 for the use of force in resisting an attack 
 
 on the person, and especially for killing an 
 assailant. See Wharton's Am. Orim. Law, 
 §§ 1019—1026. 
 
 SELL L.Fr. Of this; this. Kelham. 
 A corruption of celui. 
 
 SELIO. Lat. [L. Fr. selion, from Fr. 
 seillon, ground raised between two furrows, 
 from Sax. sul, or syl, a plough.] In old 
 English law. A selion or ridge of land, 
 containing no certain quantity, but some- 
 times more and sometimes less. Spelman. 
 Co. Litt. 5 b. Cowell. 
 
 SEMB. An abbreviation of semble, 
 (q. V.) 
 
 SEMBLABLE. L.Fr. Similar; like. 
 Britt. c. 66. 
 
 SEMBLE. L. Fr. Seems; it seems. 
 A term used in the books, expressive of an 
 opinion on some point not definitely set- 
 tled ; or expressive of an opinion as to the 
 application or bearing of some decision 
 upon a particular point. Used by the re- 
 porters of cases, where they are not confi- 
 dent as to the ruling of the court on a par- 
 ticular point. 
 
 In the older books, it is constantly used by 
 counsel andjudges, on argument, expressive 
 of an opinion. II semble a, moy ; it seems 
 to me ; I think. Dyer, 10. See Id. 13, 14. 
 Shelley semble le feffement hone ; Shelley 
 thought the feoffment good. Id. 33. It 
 is used also to express an unsettled opinion 
 of the court. Semble per curiam que n'est 
 bone; sed advisari volunt ; it seems, by 
 the court, that it is not good ; but they 
 will be advised. Freem. 247. 
 
 SEMBLEMENT. L. Fr. [Lat. similiter.] 
 Likewise. 11 Mod. 218. 
 
 SEME, O. Eng. [L. Lat. summa.] In 
 old records. A horse-load. Cowell. 
 
 SEMEE,. L. Fr. To sow. Seme ; 
 sown. Britt. fol. 147 b. Yearb. T. 4 
 Edw. III. 7. 
 
 SEMESTRIS, Semestre. Lat. [from sex, 
 six, and mensis, month.] Of, or for six 
 months. Dig. 27. 1. 41. Stat. Westm. 
 2, c. 5. 2 Inst. 361. 
 
 SEMI-MATRIMONIUM. Lat. In the 
 Roman law. Half-marriage. Concubinage 
 was so called. Tayl. Civ. Law, 273. 
 
 SEMINARE. Lat. [from semere, seed.] 
 To sow. Tempus seminandi ; time of 
 sowing; seed-time. Fleta, lib. 2, c. 73 
 §§ 2, 13. 
 
 SEMINARIUM. Lat. [from semen, 
 seed.] In the civil law. A nursery of 
 trees. Dig. 7. 1. 9. 6. Id. 47. 7 3 4 
 
 "SEMINARY," held in New-York, to 
 
SEM 
 
 (452) 
 
 SEN 
 
 import an incorporated institution. 3 Ker- 
 nan^s B. 220. The word is said to have 
 " not acquired any definite and fixed legal 
 meaning." Hand, J, Id. 229. 
 
 SEMI-PLENA PEOBATIO. Lat. In 
 the civil law. Half-full proof; half-proof. 
 3 Bl. Com. 370. See Half-proof. 
 
 SEMITA. L. Lat. In old English law. 
 A path. Fleta, lib. 2, c. 52, § 20. 
 
 SEMPER. Lat. Always. Semper in du- 
 biis benigniora praeferenda snnt. In doubt- 
 ful cases, the more favorable constructions 
 are always to be preferred. Big. 50. 1 7. 56. 
 
 Semper in dnbiis id agendum est, ut quam 
 tutissimo loco les sit bona fide contracta, 
 nisi quum aperte contra leges scriptum est. 
 
 In doubtful cases, such a course should be 
 taken that a contract made bona fide should 
 be in the safest condition, [most carefully 
 upheldj unless when it has been openly 
 made against law. Dig. 34. 5. 21. 
 
 Semper in obscnris, qnod minimum est, 
 sequimiir. In cases of obscurity we always 
 follow that which is the least. Dig. 50. 1 7. 
 
 9. See In obscnris, &c. 
 
 Semper in stipulationibus, et in ceteris con- 
 tractibus, id scquimur quod actum est. In 
 stipulations and in other contracts, we fol- 
 low that which was done, [we are governed 
 by the actual state of the facts.] Dig. 50. 
 17. 34. 
 
 Semper ita fiat relatio, ut valeat dispositio. 
 Reference [of a disposition in a will] should 
 always be so made, that the disposition 
 may have effect. 6 Co. 76 b. 
 
 Semper prasumitur pro legitimatione pue- 
 rorum. The presumption always is in favor 
 of the legitimacy of children. 5 Co. 98 b, 
 Bury^s case. Go. Litt. 126 a. Best on 
 Evid. 385, § 297. 
 
 Semper prajsumitnr pro sententia, The 
 
 presumption always is in favor of a sen- 
 tence. 3 Bulstr. 42. Branch! s Pr. 
 
 Semper qui non proliibet pro se intervenire, 
 mandare creditur. He who does not pro- 
 hibit the intervention of another in his 
 behalf, is supposed to authorize it. 2 
 Kent's Com. 616. Dig. 14. 6. 16. Id. 
 46. 3. 12. 4. 
 
 Semper sexus maseulinus etiamfemininum 
 
 Sexum continet. The male sex always in- 
 cludes the female. Dig. 32. 62. 
 
 Semper specialia generalibus insunt. Spe- 
 cials are always included in generals. Dig. 
 50. 17. 147. 
 
 SEMPER PARATUS. Lat. In old 
 pleading. Always ready; always prepared. 
 See Tout temps prist. 
 
 SEN, Sens. L. Fr. [from Lat. sensus^ 
 Sense ; reason ; mind ; understanding. En 
 son droit sen ; in his right mind. Britt, 
 c. 86. En lour droit sens. Id. c. 28. 
 
 SENATOR. Lat. In the Roman law. 
 A member of the senatus, (senate.) Dig. 
 1. 9. Calv. Lex. 
 
 In Saxon law. An alderman. 1 Rep. 
 in Ch. Appx. 8. 
 
 In old English law. A member of the 
 king's council, or council board ; a king's 
 councillor. Senatores sunt partes corporis 
 regis ; councillors are parts of the king's 
 body. Staundf. 12 E. 4 Inst. 53, in 
 marg. They are incorporated to the king 
 himself, and bear part of his cares. Id. 
 53. 
 
 SENATUS. Lat. In the Roman law. 
 The senate ; the great national council of 
 the Roman people. 
 
 The place where the senate met. Calv. 
 Lex. Aul. Gell. Noct. Att. xviii. 7. 5. 
 But this was more commonly termed curia, 
 (q. V.) 
 
 SENATUS CONSULTUM. Lat. In 
 the Roman and civil law. A decree of the 
 senate. Dig. 1. 2. 2. 9, 12. Defined in 
 the Institutes to be " that which the sen- 
 ate orders and ordains," (quod senatus jubet 
 atque constituit.) Inst. 1. 2. 5. See a 
 form in Dig. 5. 3. 20. 6. Tayl. Civ. Law, 
 564, 566. The senatus conwZte were among 
 the most important sources of Roman juris- 
 prudence. 1 Kent's Com, 627, 582. 1 
 Mackeld. Civ. Law, 19, 28, §§ 28, 38. 
 
 SENATUS-CONSULTUM MARCIA- 
 NUM. Lat. In the civil law. The Mar- 
 cian decree of the senate. A decree 
 enacted in the consulate of Quintus Mar- 
 cius and Spurius Postumus, in relation 
 to the celebration of the Bacchanalian 
 mysteries. This decree has been pre- 
 served entire to the present day, and is 
 given in full by Dr. Taylor, with a com- 
 mentary abounding in curious learning. 
 Tayl. Civ. Law, 546 — 584. It was ob- 
 tained from a copper plate dug up about 
 the year 1640, in the territories of J. Bapt. 
 Cigala, in the kingdom of Naples, and 
 now in the imperial library at Vienna. 
 Id. 547. 
 
 SENATUS CONSULTUM ORFICIA- 
 NUM. Lat. In the civil law. The Or- 
 fician decree of the Senate. A decree 
 enacted in the consulate of Orficius and 
 Rufus, in the reign of the Emperor Marcus 
 Antoninus, by which children, both sons 
 and daughters, were admitted to the in- 
 
SEN 
 
 (453) 
 
 SEN 
 
 Inst. 
 
 heritance of their intestate motliers. 
 3. 4, pr. 
 
 SENATUS CONSITLTUM PEGASI- 
 ANUM. Lat. In the civil law. The 
 Pegasian decree of the Senate. A decree 
 enacted in the consulship of Pegasus and 
 Pusio, in the reign of Vespasian, by which 
 an heir, who was requested to restore an 
 inheritance, was allowed to retain one-fourth 
 of it for himself. Inst. 2. 23. 5. This was 
 declared by Justinian to be superseded by 
 the Sendtus consultum Trebellianum, (q. v.) 
 Id. 2. 23. 7. Heinecc. Mem. Jur. C/w.lib. 
 2, tit. 23, § 668. 
 
 SENATUS CONSULTUM TREBEL- 
 LIANUM. Lat. In the civil law. The 
 TrebeUian decree of the Senate. A decree 
 enacted in the consulate of Trebellius Maxi- 
 mus and Annseus Seneca, in the reign of 
 Nero, by which it was provided that if an 
 inheritance was restored under a trust, all 
 actions which, by the civil law, might be 
 brought by or against the heir, should be 
 given to and against him to whom the in- 
 heritance was restored. Inst. 2. 23. 4. 
 Big. 36. 1. See the words of the decree. 
 Id. § 2. 
 
 SENATUS CONSULTUM ULTIMO 
 NECESSITATIS. Lat. A decree of the 
 senate of the last necessity. The name 
 given to the decree which usually preceded 
 the nomination of a dictator. 1 Bl. Com. 
 136. 
 
 SENATUS CONSULTUM VELLEI- 
 ANUM. Lat. In the civil law. The 
 Velleian decree of the Senate. A decree 
 enacted in the consulship of Velleius, by 
 ■which married women were prohibited 
 from making contracts. Dig. 16. 1. 
 Story's Oonfl. of Laws, § 425. 
 
 SEND A. Span, [from Lat. semita f\ In 
 Spanish law. A path ; the right of a path. 
 Las Partidas, part. 3, tit. 31, 1. 3. The 
 right of foot or horse-path. Whitens New 
 Becop. b. 2, tit. 6, § 1. 
 
 SENESCALCIA. L. Lat. In old Eng- 
 lish law. The office of a seneschal, {senes- 
 callus.) Fleta, lib. 2, c. 72, § 1. 
 
 SENESCALLUS. L.Lat. In old Eng- 
 lish law. A seneschal; a steward; the 
 steward of a manor. Fleta, lib. 2, c. 72. 
 The steward of the king's household. Id. 
 ce... 2, 3. 
 
 SENESCHAL. L. Fr. [L. Lat. senes- 
 callus, seneschallus, from sein, a house or 
 place, and schalc, an officer or governor.] 
 In old European law. A French title of 
 office and dignity, derived from the middle 
 
 ages, answering to that of steward or high 
 steward in England. Seneschals were origi- 
 nally the lieutenants of the-dukes and other 
 great feudatories of the kingdom ; some- 
 times termed haillis or bailiffs. Brande. 
 
 In old English law. A steward. Bailera 
 a le seneschal ; shall deliver to the steward. 
 Litt. sect. 78. Co. Litt. 61 a. Gowell. 
 
 SENEUCIA. L. Lat. In old records. 
 Widowhood. Cowell. 
 
 SENIOR. L. Lat. Lord; a lord. 
 Grotius, de Jur. Bell. lib. 2, c. 3, § 19, 
 n. 2. 
 
 SENIORES. Lat. In old English law. 
 Seniors ; ancients ; elders. A term ap- 
 plied to the great men of the realm, {regni 
 magnates.) Spelman. Feud. Lib. 2, tit, 
 52. 
 
 SENORIO. Span. In Spanish law. 
 Dominion or property. Las Partidas, 
 part. 3, tit. 28, 1. 6. 
 
 SENSUS. Lat. Sense; meaning; rea- 
 son; understanding. Sensus vertorum est 
 anima legis. The sense of the words is 
 the soul of the law. 5 Co. 2 b, Flmer's 
 case. 
 
 Sensus Terborum ei causa dicendi accipi- 
 endtts est; et sermones semper accipiendi 
 sunt secundum subjectam materiam. The 
 sense of words is to be taken from the 
 occasion of speaking them, and discourses 
 are always to be interpreted according to 
 the subject matter. 4 Co. 13 b. Applied 
 to cases of slander by words. Id. ibid. 
 See 2 Kent's Com. 555. 
 
 SENTENCE. [La,t. sententia,q.y.] In 
 the civil law. The judgment of a court 
 pronounced after the hearing of a cause. 
 Hallifax, Anal. b. 3, c. 9, num. 41. Id. 
 c. 11, num. 25. Used in admiralty prac- 
 tice, in the same sense. 1 Kent's Com. 
 402. 
 
 In the common law, sentence is exclu- 
 sively used to denote the judgment in crimi- 
 nal cases. 4 Bl. Com. 376. 
 
 SENTENTIA. Lat. In the civil law. 
 Sense ; import ; meaning, as distinguished 
 from mere words. Dig. 50. 17. 67, 96. 
 Calv. Lex. 
 
 The deliberate expression of one's will. 
 See Tayl. Civ. Law, 532. See Testamen- 
 tum. 
 
 The sentence of a judge or court. Inst. 
 4. 11. 4. Judicial opinion. Sententia facit 
 jus, et legis interpretatlo legis vim obtinet. 
 Judicial opinion makes law, and the inter- 
 pretation of law obtains the force of law. 
 Ellesm. Postn. 56. Branch's Pr. Sen- 
 
SEP 
 
 (454) 
 
 SEQ 
 
 tentia a non judice lata nemini debet noceie. 
 
 A sentence passed by one who is not a 
 judge [has not jurisdiction] ought to harm 
 no one. Fleta, hb. 6, c. 6, § 7. 
 
 Sententia interlocutoria revocari potest. 
 An interlocutory sentence, or order of a 
 judge, may be revoked, (but a judgment 
 cannot. Bacon's Max. 81, in reg. 20. 
 
 Sententia non fcrtur de rebns non lipidis. 
 
 Sentence is not given upon matters that 
 are not clear. Jenk. Cent. 7, case 9. 
 
 SENTENTIALITER. L. Lat. In old 
 English law. By sentence. Sententialiter 
 ierminatum. Artie. Cleri. c. 6. 
 
 SENTEZ. L. Fr. Holy (things.) The 
 Gospels. (Lat. sancta.) Jurra sur sentez ; 
 let him swear upon the gospels. LL. Gut. 
 Conq. 1. 11. 
 
 SEP. L. Fr. Stock ; a stock. Britt. 
 c. 31. Seps ; peps; the stocks. Kelham. 
 
 SEPARALE. L. Lat. In old English 
 law. Several ; a several or separate share 
 or portion. Ita quod nullus sciat suum 
 separale ; so that no one knows his several. 
 Bract, fol. 226. 
 
 A separate property. In suo s&parali ; 
 in his several. Fleta, lib. 2, c. 49, § 1. 
 
 SEPARATE ESTATE. Property given 
 or settled to the separate use of a married 
 woman. See 2 Roper on Hush. <& Wife, 
 151, etseq. 2 Kenfs Com. 162. 
 
 SEPARATE MAINTENANCE. The 
 maintenance of a woman by her husband, 
 on an agreement to live separately.* An 
 allowance made by a husband to his wife 
 for her separate support and maintenance. 
 Bouvier. See 2 Roper on Hush. <fc Wife, 
 267, et seq. 2 Steph. Com. 309. 
 
 SEPARATIM. Lat. In old conveyan- 
 cing. Severally. A word which made a 
 several covenant. 5 Co. 23 a, Mathewson's 
 case. 
 
 SEPES. Lat. In old English law. A 
 hedge or enclosure. Fleta, lib. 2, c. 41, 
 § 2. Id. lib. 4, c. 27, § 17. 
 
 The enclosure of a trench or canal. Diff. 
 43. 21. 4. 
 
 SEPTIMANA. Lat. In old English 
 law. A week ; a seven-night, or sennight. 
 Fleta, lib. 1, c. 24, § 5. Id. lib. 2, c. 35. 
 Id. lib. 5, c. 40, § 2. 
 
 SEPTUM. Lat. [from sepere, to enclose.] 
 In the Roman law. An enclosure ; an en- 
 closed place where the people voted ; 
 otherwise called ovile. Adam's Rom. Ant. 
 99. 
 
 In old English law. An enclosure or 
 close. Cowell. 
 
 SEPTTJNX Lat. In the Roman law. A 
 division of the as, containing seven uncice, 
 or duodecimal parts ; the proportion of 
 seven-twelfths. Tayl. Civ. Law, 492. 2 
 Bl. Com. 462, note. See As. 
 
 SEQUATUR SUB SUO PERICULO. 
 L. Lat. (Let him follow at his peril.) In 
 old English practice. A writ which issued 
 where a sheriff had returned nihil, upon a 
 summoneas ad warrantizandum, and after 
 an alias and pluries had been issued. So 
 called, because the tenant lost his lands 
 without any recovery in value, unless upon 
 that writ he brought the vouchee into 
 court. Roseoe's Real Act. 268. Cowell. 
 
 SEQUELA. L. Lat. [from sequi, to 
 follow or sue.] In old English law. Suit; 
 process or prosecution. Sequela causae ; 
 the process of a cause ; the process and 
 depending issue of a cause or trial. Cowell. 
 Sequela curiae; suit of court. 2 Mon. 
 Angl. 253. 
 
 Suit ; following or followers ; retinue. 
 Ft totam sequelam eorundem ; and all the 
 suit of the same. Mag. Cart. Johan. c. 50. 
 
 The suit of a villein ; his issue or off- 
 spring ; the retinue and appurtenances to 
 the goods and chattels of servile tenants. 
 Cum sequela, et catallis suis quae corpus 
 sequuntur ; with his suit and all his chat- 
 tels which follow his body. Bract, fol. 
 197 b. Fleta, lib. 3, c. 13, § 3. Ovesque 
 ses chateux, et tout sa suyte. Britl. c. 38. 
 See Barringt. Ohs. Stat. 306. 
 
 SEQUESTER. Lat. [from sequi, to 
 follow.] In the civil law. A person with 
 whom two or more contending parties 
 deposited the subject matter of the con- 
 troversy, (apud quern plures eandem rem 
 de qua controversia est deposuerunt.) Dig. 
 50. 16. 110. So called, say the Digests, 
 from the circumstance that it is entrusted 
 to one who meets, or, as it were, follows 
 the contending parties, (ab eo quod occur- 
 renti aut quasi seqaenti eos qui contendunt, 
 committHur.) Id. ibid. Or, according to 
 Gellius, because both parties followed or 
 relied upon the good faith of the person 
 so chosen, (quod ejus, qui electus sit, uira- 
 que parsfldem sequatur.) JVoct. Att. xx. 1 1. 
 
 A mediator or umpire between two 
 parties, (interventor ;) a middle-man, (Gr. 
 
 To SEQUESTER (or SEQUESTRATE.) 
 [Lat. sequestrare.'] In the civil law. To 
 deposit a thing which is the subject of a 
 controversy, in the hands of a third person, 
 to hold for the contending parties. See 
 
SEQ 
 
 (455) 
 
 SER 
 
 Sequester. To take a thing -which is the 
 subject of a controversy, out of the pos- 
 session of the contending parties, and de- 
 posit it in the hands of a third person. Calv. 
 Lex. 
 
 In equity practice. To take possession 
 of the property of a defendant, and keep 
 the same until he shall have cleared him- 
 self of a contempt. See Sequestration. 
 
 In English ecclesiastical practice. To 
 gather the fruits of a void benefice, and 
 keep them for the use of the next incum- 
 bent. Stat. 28 Hen. VIII. c. 11. Cowell, 
 voc. Sequestration. To take possession of 
 the ecclesiastical property of a defendant, 
 and hold it until, out of the rents, tithes 
 and profits, the plaintiff 's debt be satisfied. 
 See Sequestrari facias. To dispose of the 
 goods and chattels of one deceased, whose 
 estate no man would intermeddle with. 
 Cowell, voc. Sequestration. 
 
 In international law. To seize the pro- 
 perty of an individual, and appropriate it 
 to public rise ; to confiscate. Particularly 
 applied to the confiscation, by a belligerent 
 power, of debts due from its subjects to the 
 enemy. 1 KenCs Oom. 62, et seq. 
 
 SEQUESTRARE. Lat. [imm sequester, 
 q. v.] In the civil law. To sequester or 
 sequestrate. Calv. Lex. Sequestravit, et 
 sub sequestra arcto tenuit ; (he) sequester- 
 ed, and held under close sequestration. 
 Mem. in Scacc. T. 19 Edw. I. Bona sunt 
 sequestranda, et neutri litigantium, traden- 
 da ; the goods are to be sequestered and 
 to be delivered to neither of the litigants. 
 Clerke's Prax. Cur. Adm. tit. 40. 
 
 SEQUESTRARI FACIAS. L. Lat. 
 (You cause to be sequestered.) In Eng- 
 lish ecclesiastical practice. A process in 
 the nature of a levari facias, commanding 
 the bishop to enter into the rectory and 
 parish church, and to take and sequester 
 the same, and hold them until, of the 
 rents, tithes and profits thereof, and of the 
 other ecclesiastical goods of a defendant, 
 he have levied the plaintiff's debt. 3 Bl. 
 Com. 418. 
 
 SEQUESTRATION. [Lat. sequestratio, 
 from sequestrare, q. v.] In the civil law. 
 The depositing of a thing in controversy, 
 by the contending parties themselves, in 
 the hands of a third person, called seques- 
 ter, (q. v.) to be held indifferently between 
 them, and to be delivered to the party who 
 should be found to be entitled to it. 
 
 The taking a thing in controversy out 
 of the possession of the contending parties, 
 
 by order of a court, and entrusting it to a 
 third person, to be held indifferently be- 
 tween them, and delivered to the successful 
 party. Calv. Lex. Cowell. 
 
 In English practice. The taking posses- 
 sion of a defendant's property, by virtue of 
 a judicial process, and holding it until some 
 act be done, or claim satisfied ; as until a 
 defendant in equity clears himself of a 
 contempt, or, in ecclesiastical practice, un- 
 til, out of the rents and profits, the plain- 
 tiff's debt be levied.* 3 Bl. Com. 444, 
 418. See Sequestrari facias. 
 
 The act of the ordinary in disposing of 
 the goods and chattels of one deceased, 
 whose estate no one will meddle with. 
 Cowell. Or, in other words, the taking 
 possession of the property of a deceased 
 person, where there is no one to claim it. 
 
 In international law. The seizure of the 
 property of an individual, and the appro- 
 priation of it to the use of the government. 
 See To sequester. 
 
 SEQUL Lat. To follow. Seqni debet 
 potentia jnstltiam, non prajcedere. Power 
 ought to follow justice, not go before it. 
 2 Inst. 454. 
 
 In old English practice. To sue ; to 
 prefer an action ; to prosecute or follow up 
 a suit or cause. In electione illius qui 
 sequitur ; at the election of him who sues. 
 Stat. Westm.2, c. 18. 
 
 To sue out ; to obtain or issue process 
 from a court. Pro hujusmodi debito avt 
 damnis, sequi breve; for such debt or 
 damages, to sue out a writ. Id. ibid. 
 
 SERA. Lat. In the civil law. A 
 lock. Diff. 19. 1. 17, pr. 
 
 SEREMENT, Serment. L. Fr. [from 
 Lat. sacramentum.^ In old English law. 
 An oath. Stat. Westm. 1, c. 38. Britt. c. 45. 
 
 SERF, Serfe. L. Fr. [from Lat. servus.'] 
 In old English law. A slave. Que celuy 
 que serroit pris [en bataillel demorast serfe 
 a son parnour a toutz jours ; that he who 
 should be taken [prisoner in battle] should 
 remain a slave to his captor forever. Britt. 
 c. 31. 
 
 A villein. Id. ibid. 
 
 SERIANT. L. Fr. [L. Lat. seriandus:\ 
 In old Scotch law. Serjeant. Shene de 
 Verb. Sign. 
 
 SERIANTIA. L. Lat. [from L. Fr. 
 seriaunt, q. v.] In old English law. Ser- 
 jeanty. Bract, fol. 35 b. See Serjeanty. 
 SERIATIM. L. Lat. [from series, 
 order.] In order ; one after another. A 
 term used in the reports to denote the 
 
SER 
 
 (456) 
 
 SER 
 
 delivery of separate opinions by the judges, 
 one after another, beginning with the ju- 
 nior puisne judge, and ending with the 
 chief justice ; which is done in some cases, 
 instead of having the opinion of the court 
 delivered by a single judge. " The court 
 delivered their opinions seriatim." 1 Show. 
 172, 266. Seriatim et separatim. 2 Id. 
 491. 
 
 SERIAUNT. L. Fr. In old English 
 law. Serjeant. Britt. fol. 25, 34 b, 3T, 
 39 b, 40, 40 b, 50, 52, TO, 103 b, 104 b, 
 123 b, 204, 275 b. 
 
 SERJAND. Sc. In old Scotch law. 
 Serjeant. Skene de Verb. Signif. 
 
 SERJANS, Serjantus, Serziantus, Sar- 
 gantus. L. Lat. In old European law. A 
 Serjeant. Spelman. See Serjeant. 
 
 SERJANT. L. Fr. Servant. LL. 
 Gul. Conq. ]. 49. 
 
 SERJANTERIA. L. Lat. In old 
 English law. Serjeanty. Mag. Cart. 9 
 Hen. III. c. 27. Written, in King John's 
 Charter, (c. 37,) sergenteria. In the Arti- 
 cles of the charter, (c. 27,) sergantisa. 
 
 SERJANTIA, Seriantia. L. Lat. In 
 old English law. Seijeanty. Spelman. 
 Bract, fol. 35 b. Fleta, lib. 1, cc. 10, 11. 
 See Serjeanty. 
 
 SERJEANT, Serjant, Serjenf. L. Fr. 
 and Eng. [L. Fr. seriaunt ; L. Lat. ser- 
 jans, serjantus, serjandus, seriandus, sar- 
 gantus, sersiantus, serzientus ; from Lat. 
 serviens, serving, one who serves.] The 
 title of several officers in the common law, 
 generally of the ministerial class. Spel- 
 man, voc. Serjans. See infra. Written 
 by Co well, sergeant, which is also the form 
 preferred in some modem dictionaries. 
 But that Serjeant is the proper form, is 
 clearly shown by the use of the Fr. seriaunt 
 in Britton, and the Lat. seriantia, in Brac- 
 ton, the modern j being constantly written 
 i, in the old boots. 
 
 SERJEANT. L.Fr. Servant. Vous 
 aves cy E. P. ove son seijeant J. le fits W. 
 You have here E. P. with his servant J. 
 the son of W. Tearb. M. 4 Edw. Ill 
 12. 
 
 SERJEANT AT LAW. [L. Fr. serjeant 
 al ley ; Lat. serviens ad legem.] The highest 
 degree of counsel in the common law, cor- 
 responding with doctor in the civil law. 
 Called, also, anciently, serjeant of the coif, 
 and serjeant countor, (serviens narrator.) 
 Cornell. Spelman, voc. Serjans. Fortescue, 
 de L. L. Anglice, c. 50. The title literally 
 imports, one who attends the service of 
 
 the king and his people, in the study, profes- 
 sion and practice of the law. Id. ibid. note. 
 
 *:/.* This has always been a degree of 
 the highest dignity in the English law, be- 
 ing what an old writer describes as " the 
 seminary of justice, out of which the judges 
 are called ;" and, down to the present day, 
 none but a serjeant at law can be a judge 
 of either of the superior courts at West- 
 minster. 3 Bl. Com. 27. Until within a 
 very late period, also, the seijeants (or coun- 
 tors, as they were termed,) had the exclu- 
 sive privilege of pleading and practising 
 in the Court of Common Pleas, or Bench, 
 that being the court in which the common 
 law of England was supposed to be most 
 strictly .observed. Cowell. 3 Mann. Qr. 
 & S. 537. See Countor, To count. 
 
 Serjeants are made by the king's or 
 queen's writ, addressed to such as are call- 
 ed, commanding them to take upon them 
 that degree by a certain day. See Dyer, 72. 
 The assumption of the degree was formerly 
 marked by peculiar ceremonies. The candi- 
 dates for the degree assembled at Serjeant's 
 Inn, before the two chief justices and the 
 justices of both benches, and after counting, 
 and having their coifs and scarlet hoods 
 put on, were attired in their party-colored 
 robes, and walked in procession to West- 
 minster, whore they counted at the bar of 
 the Common Pleas, had their writs read, 
 and gave rings to the judges, with inscrip- 
 tions. See Cro. Car. Introd. Fortescue, 
 de L. L. Anglice, c. 50. Of all these cere- 
 monies, the last alone is retained at the 
 present day. See Rings giving. 
 
 SERJEANT AT ARMS. [L. Lat. ser- 
 viens ad armai\ In English law. The 
 title of an officer whose duty is described 
 by Cowell to be, " to attend the person of 
 the king, to arrest traitors, or persons of 
 quality offending, and to attend the Lord 
 High Steward of England sitting in judg- 
 ment upon any traitor, and such like." 
 Two of these, by the royal permission, at- 
 tend on the two houses of parliament, and 
 another in the Court of Chancery. Cowell. 
 In the House of Lords, the serjeant at 
 arms attends upon the chancellor with the 
 mace, and executes the orders of the house 
 for the apprehension of delinquents; in 
 the Commons, he attends upon the speaker 
 with the mace, carries messages from the 
 bar to the table, and executes the orders 
 of the house with respect to delinquents 
 to be taken into his custody for breaches of 
 its privileges. Holthouse, 
 
SER 
 
 (457) 
 
 SER 
 
 In the United Stat,es, Serjeants at arms 
 are officers who attend upon the sessions of 
 Congress, and of the state legislatures, with 
 duties similar, in many respects, to those 
 of the same officers in England. The minis- 
 terial officers attending courts of chancery 
 are also generally styled Serjeants at arms. 
 
 SERJEANT OF THE MACE, or SER- 
 JEANT AT MACE. [L. Lat. serviens ad 
 clavam.J In English law. An officer who 
 attends the Lord Mayor of London, and 
 the chief magistrates of other corporate 
 towns. Holthouse. 5 Hast, 304. 2 Mod. 58. 
 
 SERJEANTY. [L. Fr. serjaunty ; L. 
 Lat. seriantia, serjantia, serjanteria, sergen- 
 teria, serffantisa.^ In English law. Ser- 
 vice ; an honorary kind of feudal service 
 due to the crown for lands held of it, and 
 which is still retained. See Grand ser- 
 jeanty, Petit serjeanty. 
 
 SERMENT. L. Fr. [from Lat. sacra- 
 mentum, q. v.] In old English law. Oath ; 
 an oath. Ze loy est lie par son serment a 
 faire ses liges droit; the king is hound by 
 his oath to do his lieges justice. Tearh. H. 
 8 Hen. VL 6. 
 
 SERMO. Lat. Speech ; language ; dis- 
 course ; conversation. Sermo index aniffli. 
 Speech is the index of thought or in- 
 tent. 5 Co. 118. 
 
 Sermo relatns ad personam intelligi debet 
 de conditione persons. Language, which 
 is referred to a person, ought to be under- 
 stood of the co'ndition of the person. 4 
 Co. 16 a. 
 
 SERRATED. [Lat. serratus, from ser- 
 ra, a saw.] In old practice. Marked or 
 cut in notches, resembling the teeth of a 
 saw. Some of the Roman coins were thus 
 serrated, indented, (or milled, in modern 
 phrase,) as a security against forgery. Tac. 
 de Mor. Oerm. v. The serrated or indent- 
 ed line was used in old English deeds for 
 a similar purpose of precaution. See To 
 indent, Indenture. 
 
 SERURA. L. Lat. In old English 
 law. A lock. Fleta, lib. 3, c. 5, § 12. 
 
 SERVANT. [Lat. serviens.} One who 
 serves ; ~ one who serves another, (termed 
 his master,) under a contract of hire; one 
 who serves or undertakes to serve another 
 for a stipulated consideration or wages. 
 See 2 Kent's Com. 258—261. 
 
 SERVE. In practice. To deliver with 
 judicial effect; to deliver so as to charge 
 a party, in law, with such delivery ; to exe- 
 cute. To serve a paper is to deliver or 
 otherwise communicate it to the opposite 
 
 party, or his attorney, so as to charge him 
 with the receipt of it. To serve process is 
 to apply it to the party named, so as to 
 subject him to its operation, as by showing 
 and reading it, or showing it and deliver- 
 ing a copy, &c. See Service. 
 
 SERVE. In Scotch practice. To ren- 
 der a verdict or decision in favor of a person 
 claiming to be an heir ; to declare the fact of 
 his heirship judicially. A jury are said 
 to serve a claimant heir, when they find 
 him to be heir, upon the evidence sub- 
 mitted to them. BelVs Diet. 
 
 SER VI. Lat. [plur. of servus, q. v.] In 
 old European law. Slaves ; persons over 
 whom their master had absolute dominion. 
 1 Roh. Charles V. Appendix, Note ix. 
 
 In old English law. Bondmen ; servile 
 tenants. Cowell. 
 
 SERVICE. L. Fr. and Eng. [Lat. 
 servitium.'\ In feudal and old English law. 
 The duty which a tenant, by reason of his 
 fee, owed to his lord. See Serviiium. 
 That which he was bound to render in re- 
 compense for the land he held. 2 Bl. 
 Com.. 54. Pour service que arrere luy est. 
 Britt. c. 2V. Pur arrerages de ascun ser- 
 vice issuant de ascun tenement ; for ar- 
 rearages of any service issuing out of any 
 tenement. Id. ibid. 
 
 SERVICE. In Scotch law. The in- 
 quisition or verdict of a jury, by which 
 the character of an heir is judicially es- 
 tablished. Mubback's Evid. of Success, 
 597. The term includes the whole pro- 
 ceeding before the jury. BelVs Diet. 
 
 SERVICE. In practice. Judicial de- 
 livery or communication of papers ; exe- 
 cution of process. The delivery or com- 
 munication of a pleading, notice or other 
 paper in a suit, to the opposite party, so as 
 to charge him with the receipt of it, and 
 subject him to its legal effect. The 
 communication or application of process 
 to a party or witness, so as to subject him 
 to its operation. As applied to writs, it 
 properly means execution without arrest. 
 See 3 Chitt. Gen. Pr. 259. 
 
 SERVIDIJMBRE. Span. In Spanish 
 law. A service or servitude; the right 
 and use which one man has in the build- 
 ings and estate of another, to use them 
 for the benefit of his own. Las Partidas, 
 part. 3, tit. 31, 1. 1. White's New Recop. 
 b. 2, tit. 6. 
 
 SERVIENS. L. Lat. [L. Fr. seriant, 
 seriaunt.] In old English law. A Ser- 
 jeant; a counter or pleader. Spelman. 
 
SER 
 
 (458) 
 
 SER 
 
 Fleta, lib. 2, c. 37. Britt. fol. 39 b, 40, 40 b. 
 See Serviens ad legem. 
 
 A bailiff. The servientes hundredorum 
 (seijeants of hundreds,) are mentioned by 
 Bracton in immediate connection with bail- 
 iffs, (ballivi.) Bract, fol. 116. A bailiff, 
 chamberlain or receiver. Stat. Westm. 2, 
 c. 1 1. Seriaunt is used by Britton to denote 
 the bailiff, steward or attorney of a private 
 person. Britt. fol. 60, 10, 123 b, 204. 
 
 A sheriff's oflBcer, {serviens vicecomitis.) 
 Bract, fol. 157. Fleta, lib. 2, c. 47, § 9. 
 Britton enumerates hundredors, Serjeants, 
 and bedels, as oflScers under the sheriff. 
 Britt. fol. 2. 
 
 Any ministerial oflBcer. Fleta, lib. 2, c.71. 
 A vassal, or feudal tenant. Spelman. 
 A servant. Reg. Orig. 189, 190. 
 SERVIENS AD CLAVAM. L. Lat. 
 Serjeant at mace. 2 Mod. 58. 
 
 SERVIENS AD LEGEM. L.Lat. In 
 old English practice. Serjeant at law. 
 Spelman, voc. Serjans. See Serjeant at law. 
 SERVIENS DOMINI REGIS. L. Lat. 
 In old English law. King's Serjeant ; a 
 public officer, who acted sometimes as the 
 sheriff's deputv, and had also judicial 
 powers. Bract, fol. 145 b, 150 b, 330, 358. 
 Spelman supposes that he acted as public 
 prosecutor in behalf of the crown. 
 
 SERVIENT, [from Lat. serviens.] Ser- 
 ving ; subject to a service or servitude. A 
 servient ,esta,te is one which is burdened 
 with a servitude. 1 Macheld. Civ. Law, 
 392, § 306. 
 
 SERVITIUM. Lat. [from servire, to 
 serve.] In feudal and old English law. 
 The duty of obedience and performance 
 which a tenant was bound to render to his 
 lord, by reason of his fee. Spelman. See 
 Co. Litt. 65 a. Servitium semper sequitur 
 homagium ; service always follows homage. 
 i?7eto, lib. 3, c. 11,§1. 
 
 Servitium forinsecum ; forinsic, foreign, 
 or extra service ; a kind of service that was 
 due to the king, over and above {fm'is) the 
 service due to the lord. Idea forinsecum 
 dicipotest quia fit et capitur foris, sive ex- 
 tra servitium quod fit domino capitali. 
 Bract, fol. 36. 
 
 Servitium intrinsecum ; intrinsic or or- 
 dinary service ; the ordinary service due 
 the chief lord, from tenants within the fee. 
 Bract, fol. 36, 36 b. 
 
 Servitium liherum ; free service. Id. 
 fol. 24 b. Fleta, lib. 3, c. 13, § 1. See 
 Free services. 
 
 SERVITIUM MILITARE. L. Lat. 
 
 [L. Fr. service de chivaler.] In old Eng- 
 lish law. Knight-service ; the service of a 
 miles or military tenant ; military service.* 
 2 Bl. Com. 62." Mag. Cart. 9 Hen. Ill 
 c. 27. Id. Johan. c. 37. Called, also, ser- 
 vitium hauherticum, brigandinum or lorica- 
 tum, from the armor in wbich the tenant 
 performed it. Co. Litt. 108 a. 
 
 SERVITIUM REGALE. L. Lat. In 
 old English law. Royal service; a royal 
 prerogative or privilege, granted to the 
 lord of a manor, to be exercised within it. 
 Paroch. Ant. 60. Cowell. 
 
 SERVITORS OF BILLS. In old Eng- 
 lish practice. Servants, or messengers of 
 the marshal of the King's Bench, sent out 
 with bills or writs to summon persons to 
 that court. Now more commonly called 
 tipstaves. Cowell. 
 
 SERVITUDE. [Lat. servitus, q. v.] 
 A charge upon one estate for the benefit 
 of another. 3 Kent's Com. 434. A spe- 
 cies of incorporeal riglit derived from the 
 civil law, resembling and answering to the 
 easement of the common law. Id. ibid. 
 For the various descriptions of this right, 
 see Servitus. 
 
 Service is used by Dr. Cooper, in his 
 translation of the Institutes, as the trans- 
 lation oi servitus; and in this, he observes, 
 he follows "Wood, Taylor and Harris. Coo- 
 per's Justin. 88, and note. Servitude, 
 however, seems to have the support of 
 higher authority, being the form adopted, 
 by Lord Mansfield and Chancellor Kent, 
 as well as the modern German civilians, 
 and in the Civil Code of Louisiana. 1 Burr. 
 443. 3 Kent's Com. ub. sup. 1 Macheld. 
 Cw. Zaw, 319, § 294. Civ. Code of Louis. 
 Art. 642. 
 
 SERVITUS. Lat. [from semVe, to serve.] 
 In the civil law. Slavery ; bondage ; the 
 state of service. Defined in the Institutes 
 of Justinian, (after Florentinus in the Di- 
 gests,) to be " an institution of the con- 
 ventional law of nations, by which one per- 
 son is subjected to the dominion of an- 
 other, contrary to natural right," {est con- 
 stitutio juris gentium, qua quis dominio 
 alieno contra naturam sulyicitur.) Inst. 
 3. 2. Dig. 8. 5. 4. 1. This passage is 
 quoted verbatim by Bracton, and from 
 Bracton by Lord Coke. Bract, fol. 4 b. 
 See i^/cto, lib. 1, c. 3. Co. Litt. 116. In 
 Branch's Principia, the word dominio is 
 mis-printed domino, which has occasion- 
 ed error in the translation. 
 SERVITUS. Lat. In the civil law. 
 
SER 
 
 (459) 
 
 SEE 
 
 A service or servitude ; a burden imposed 
 upon persons or estates for the benefit of 
 others. Dig. 8. 1. See 1 Mackeld. Civ. 
 Law, 319 — 355. 
 
 Servitus prcediorum ; a prsedial servi- 
 tude, (q. V. ;) a service, burden, or charge 
 upon one estate, {prmdium) for the benefit 
 of another. Inst. 2. 3. 3. 
 
 Servitus prcedii rustici ; the servitude 
 of a rural or country estate ; a; rural servi- 
 tude. Inst. 2. 3. pr. & 3. Big. 8. 3. 1 
 Mack. Civ. Law, 338, § 309. 
 
 Servitus prcedii urbani ; the servitude 
 of an urban or city estate ; an urban servi- 
 tude. Inst. 2. 8. 1. Dig. 8. 2. 1 Mack. 
 Civ. Law, uh. sup. 
 
 Servitus actiis ; the servitude or right 
 of walking, riding, or driving over an- 
 other's ground. Inst. 2. 3, pr. 1 Mack. 
 Civ. Law, 343, § 313. A species of right 
 of way. See Actus. 
 
 Servitus altius non tollendi ; the servi- 
 tude of not building higher. A right at- 
 tached to a house, by which its proprietor 
 can prevent his neighbor from building his 
 own house higher, (ree altius tollat cedes 
 suas.) Inst. 2. 3. ,4. Dig. 8. 2. 2. 1 
 Mack. Civ. Law, 340, § 311. See 2 Wil- 
 son & Shaw's B. 293. 
 
 Servitus aquae ducendoe ; the servitude 
 of leading water; the right of leading 
 water to one's own premises, through an- 
 other's land. Inst. 2. 3, pr. Called, also, 
 aquce ductus. Id. ibid. 
 
 Servitus aquoexducendce ; the servitude 
 of leading off water ; the right of leading 
 off the water from one's own on to an- 
 other's ground. Dig. 8. 3. 29. 1 Mack. 
 Civ. Law, 345, § 315. 
 
 Servitus aqum hauriendce ; the servi- 
 tude or right of drawing water from an- 
 other's spring or well. Inst. 2. 3. 2. 
 
 Servitus cloacce mittendce ; the servitude 
 or right of having a sewer through the 
 house or ground of one's neighbor. Dig. 
 8. 1. 7. 
 
 Servitus fumi immittendi ; the servi- 
 tude or right of leading off smoke or 
 vapor through the chimney or over the 
 ground of one's neighbor. Dig. 8. 5. 8. 
 5—1. 
 
 Servitus iiineris ; the servitude or privi- 
 lege of walking, riding, and being carried 
 over another's ground. Inst. 2. 3, pr. 1 
 Mack. Civ. Law, 343, § 313. A species 
 of right of way. 
 
 Servitus luminum; the servitude of 
 lights; the right of making or having 
 
 window-s or other openings in a wall be- 
 longing to another, or in a common wall, 
 in order to obtain light for one's building. 
 Dig. 8. 2. 4. 1 Mack. Civ. Law, 346, 
 § 311, and Kaufmann's note, ibid. 
 
 Servitus ne luminibus officiatur ; a ser- 
 vitude not to hinder lights ; the right of 
 having one's lights or windows unobstruct- 
 ed or darkened by a neighbor's building, 
 &c. Inst. 2. 3. 4. See Ancient lights. 
 
 Servitus ne prospectus offendatur. A ser- 
 vitude not to intercept one's prospect. 
 Dig. 8. 2. 15. 
 
 Servitus oneris ferendi ; the servitude 
 of bearing weight ; the right to let one's 
 building rest upon the building, wall or 
 pillars of one's neighbor. 1 Mack. Civ. 
 Law, 339, § 310. 
 
 Servitus pascendi ; the servitude of pas- 
 turing ;• the right of pasturing one's cattle 
 on another's ground ; otherwise called jus 
 pascendi. Inst. 2. 3. 2. 
 
 Servitus projiciendi ; the servitude of 
 projecting ; the right of building a pro- 
 jection from one's house in the open space 
 belonging to one's neighbor. Dig. 8. 2. 2. 
 1 Mack. Civ. Law, 340, § 311. 
 
 Servitus stillicidii ; the servitude or 
 right of drip ; the right of having the 
 water drip from the eaves of one's house 
 upon the house or ground of one's neigh- 
 bor. Inst. 2. 3. 1, 4. Dig. 8. 2. 2. 
 
 Servitus tigni immittendi; the servi- 
 tude of ktting in a beam ; the right of 
 inserting beams in a neighbor's wall. Inst. 
 2. 3. 1. 4. Dig. 8. 2. 2. 
 
 Servitus vice ; the servitude or right of 
 way; the right of walking, riding and 
 driving over another's land. Inst. 2. 3, pr. 
 
 SERVUS. Lat. [L. Fr. «e»-/.] In the 
 civil and old English law. A slave ; a 
 bond-man. Inst. 1. 3, pr. Bract, fol. 
 4 b. Omnis homo aut est liber, aut est 
 servus ; every man is either free or a slave. 
 Id, ibid. Derived, in the Digests and In- 
 stitutes, from servare, (to preserve,) from 
 the ancient practice of selling prisoners of 
 war, and so preserving their lives, instead 
 of putting them to death. Inst. 1. 3. 3. 
 Dig. 50. 16. 239. 1. See Fleta, lib. 1, 
 c. 3, § 1. Quod aitinet ad jus civile, servi 
 pro nullis habentur, non tamen etjure naiu- 
 rali, quia, quod ad jus naturale attinet, 
 omnes homines cequales sunt; as far as 
 regards the civil law, slaves are held as no 
 persons ; not so, however, by the law of 
 nature, for as regards the law of nature, all 
 men are equal. Dig. 50. 17. 32. 
 
SES 
 
 ( 460) 
 
 SET 
 
 A servant. Servus facit ut herus det ; 
 the servant does [the work] in considera- 
 tion of his master's giving [him wages.] 
 2 £1. Com. 445. Herus dat ut servus 
 faciat ; the master gives [the wages] in 
 consideration of the servant's performing 
 [the work.] Id. ibid. 
 
 SERVY. L. Fr. Served. Beturne ser- 
 vy ; returned served. Dyer, 135 b, (Fr. 
 edition.) 
 
 SESS. In English law. A tax, rate or 
 assessment. Callis on Sewers, [122,] 148. 
 Called assess and sessment. Id. ibid. Id. 
 [125,] 161. 
 
 SESSIO. Lat. [from sedere, to sit.] 
 In old English law. A sitting ; a session. 
 Sessio parliamenti ; the sitting of parlia- 
 ment. Gowell. 
 
 SESSION, [from Lat. smio, q. v.] The 
 sitting of a court ; the sitting of justices 
 or judges in court ; the time during which 
 a court is held. Frequently used in the 
 plural, sessions, like the word sittings, 
 (q.v.) 
 
 _ SESSION, COURT OF. The supreme 
 civil court of Scotland, instituted A. D. 
 1532, consisting of thirteen (formerly fif- 
 teen) judges, viz. the Lord President, the 
 Lord Justice-Clerk, and eleven ordinary 
 lords. Wharton^s Lex. Brande. 
 
 SESSIONS. [L. Lat. sessiones.} A sit- 
 ting of justices in court, upon their com- 
 mission, or by virtue of their appoint- 
 ment, and most commonly for the trial of 
 criminal cases. The title of several courts 
 in England and the United States, chiefly 
 those of criminal jurisdiction. 
 
 SESSIONS OF THE PEACE. In Eng- 
 lish law. A sitting of justices of the peace 
 for the execution of those duties which are 
 confided to them by their commission, and 
 by charter or statute. They are of the 
 four following descriptions : 
 
 A petty or petit session is a sitting of 
 two or more justices, or in some cases 
 even a single magistrate, for the purpose 
 of trying in a summary way, and without 
 jury, certain minor offences particularized 
 by statute, and for other purposes. 3 
 Steph. Com. 44. 
 
 A special session is a sitting of two or 
 more justices for the transaction of some 
 special description of business, such as 
 licensing ale-houses, or appointing over- 
 seers of the poor, or surveyors of high- 
 ways. Id. ibid. Stat. 1 and 8 Vict. c. 33. 
 
 A general sessions of the peace is a 
 court of record holden before two or more 
 
 justices, whereof one is of the quorum, for 
 execution of the general authority given to 
 justices by the commission of the peace 
 and certain acts of parliament. Whar- 
 ton's Lex. 4 Steph. Com. 335, notes 
 (k), (1). 
 
 The general quarter sessions of the peace 
 is a court of record held in every county 
 once in every quarter of a year, before 
 two or more justices of the peace, one of 
 whom must be of the quorum. Its juris- 
 diction by statute 34 Edw. HI. c. 1, ex- 
 tends to the trying and determining all 
 felonies and trespasses whatsoever, but it 
 has never been usual to try there any 
 greater ofiences than small felonies. 4 
 Steph. Com. 335, 336. 
 
 SET. A form of sed, used in old plead- 
 ings. Tovms. PI. 19. Spelman. 
 
 SET. L. Fr. Seven, {sept.) Kelham. 
 
 Knows ; known. Id. A corruption of 
 scet or scait. 
 
 That ; this. Id. A corruption of cet. 
 
 To SET. A word used in old convey- 
 ancing, synonymous with let or demise. 
 2 TermR. 425. 15 Johns. E. 280. It 
 seems to be a translation of the old Latin 
 ponere. Ad firmam ponere ; to put or set 
 to farm. Chart. B. Hen. I. Be libert. 
 Anglice. Spelman, voc. Firma. 
 
 To lay or impose. " If a fine be set in 
 court." 6 Mod. 2T3. 
 
 SETTER. In Scotch law. Thegranter 
 of a tack or lease. 1 Forbes' Inst, part 2, 
 p. 153. 
 
 SET-OFF. [Lat. compensatio.] In prac- 
 tice. A counter-claim or demand ; a cross 
 demand ; a demand set up against another 
 demand, for the purpose of reducing its 
 amount, or of extinguishing it altogether. 
 
 A mode of defence to a civil action, 
 being a species of plea in bar, by which a 
 defendant alleges a reciprocal debt due to 
 him from the plaintiff, and claims to have 
 it allowed by way of discharge from the 
 action, either wholly or in part, as the case 
 may be.* 3 Steph. Com. 577. 1 Ckitt. 
 PI. 568. United States Digest, Set-oft^ 
 
 SET OF EXCHANGE. In mercantile 
 law. A bill of exchange drawn in several 
 parts, (called the "first of exchange," 
 " second of exchange," &c.) any one part 
 of which being paid, the others are to be 
 void.* Story on Bills, §§ 66, 67. 
 
 SETTLE. To make a final disposition 
 of a claim between parties, by payment or 
 otherwise; to adjust a difference between 
 parties ; to pay a debt, claim or balance. 
 
SEV 
 
 (461) 
 
 SEY 
 
 See 11 Alabama B. 419. But "settle" 
 and "pay" have been held to be not 
 equivalent terms. Authority to an agent 
 " to settle " does not authorize him to sub- 
 mit to arbitration the matters in dispute. 
 21 Alabama B. 488. 
 
 SETTLEMENT. [Lat. sedes.'] A set- 
 tled place of abode ; residence. See Bur- 
 rovi's Settlement Cases, passim. 
 
 A right growing out of residence; a 
 right to be considered a resident of a par- 
 ticular place, chiefly for the purpose of 
 parochial relief.* 1 Bl. Com. 361—363. 
 1 SUph. Com. 200—203. Id. 207—210. 
 The law of settlement and the law of relief 
 are the two main branches of which the 
 poor-law of England consists. Id. 201. 
 The place where an apprentice lies, or is 
 lodged at night, is the place of his legal 
 settlement. Burr. Sett. Cos. 510. 
 
 SETTLEMENT. In conveyancing. A 
 disposition of property by deed, usually 
 through the medium of a trustee, and for 
 the benefit of a wife, children or other rela- 
 tions. See Marriage settlement. 
 
 SEURE, Seuyr. L. Fr. To sue; to 
 prosecute. Kelham. 
 
 To SEVER. In practice. To separate 
 or divide. Defendants are said to sever in 
 their pleas, where each pleads separately, 
 instead of all joining in the same plea.* 
 Steph. PI. 257. 
 
 SEVERAL. L. Fr. and Eng. [L. Lat. 
 separale.] In old English law. A sepa- 
 rate share or portion. JSt chescun sache 
 son several ; and each one knows his sev- 
 eral. Britt. c. 55. Sicome son several; 
 as his several. Id. c. 59, fol. 60 b, 145, 
 151 b. 
 
 SEVERAL. [L. Lat. separalis.} Sep- 
 arate; distinct; independent; the oppo- 
 site oi joint. See Several covenant. 
 
 Separate; exclusive; the opposite of 
 common. See Several fishery. 
 
 SEVERAL COVENANT. A covenant 
 by two or more, separately ; a covenant 
 made so as to bind the parties to it sever- 
 ally, or individually. 
 
 SEVERAL FISHERY. [L. Lat. sepa- 
 ralis piscaria.^ A right to fish in a pri- 
 vate water, either exclusively, or in con- 
 junction with the owner of the soil. 1 
 CrabVs Beal Prop. 114, § 108. See 3 
 Kents Com. 410, and note. 1 Chitt. Gen. 
 Pr. 224. 8 Ad. & Ell. N. S. 1000. 
 
 SEVERAL. Consisting of a number ; 
 more than one. 
 
 Several counts are frequently allowed to 
 
 be used by a plaintiff in the same declara- 
 tion. Steph. PI. 267. 
 
 Several pleas are also allowed to a de- 
 fendant. Steph. PI. 269—275. 
 
 SEVERALTY. A state of separation. 
 An estate in severalty is one that is held by 
 a person in his own right only, without any 
 other person being joined or connected with 
 him, in point of interest, during his estate 
 therein. 2 Bl. Com. 179. 
 
 SEVERANCE. In pleading. Separa- 
 tion ; division. The separation by defend- 
 ants in their pleas ; the adoption, by seve- 
 ral defendants, of separate pleas, instead 
 of joining in the same plea. Steph. PI. 257. 
 
 SEWER. [L. Lat. sewera, severa.'] A 
 fresh-water trench compassed in on both 
 sides with a bank. Callis on Sewers, [80,] 
 99. Callis calls it " a small current or lit- 
 tle river ;" " a diminutive of a river," " a 
 common public stream." Id. 100. — A pas- 
 sage to carry water into the sea or a river. 
 Cowell. — A ditch or trench carried through 
 marshy places, to carry off the water. Spel- 
 man. 
 
 SEXTANS. Lat. In the Roman law. 
 A subdivision of the as, containing two 
 uncice; the proportion of two-twelfths, or 
 one-sixth. Tayl. Civ. Law, 492. 2 Bl. 
 Com. 462, note. 
 
 SEXTARY. [Lat. sextarius:\ In old 
 records. An ancient measure of liquids, 
 and of dry commodities; a quarter or seam. 
 Spelman. 
 
 A quart. Id. But according to Cowell, 
 it was about a pint and a half. And in 
 Fleta, it is said the sexterium should con- 
 tain four gallons. Fleta, lib. 2, c. 12 811 
 
 SEXTUS DECRETALIUM. Lat. The 
 sixth of the decretals. One of the subdi- 
 visions of the Corpus Juris Canonici, or 
 canon law ; consisting of a collection of 
 supplements to the Becretales Oregorii IX. 
 which consisted of five books. It was pub- 
 lished A. D. 1298, and is sometimes called 
 in Enghsh, the Sext and Sixth Decretal. 
 See 1 Bl. Com. 82. 1 Mackeld. Civ. Law, 
 83, Kaufmann's note. Butler's Hor Jur 
 115, 116. 
 
 SEYSINA. L. Lat. In old English 
 law. Seisin ; possession of lands ; or of a 
 freehold estate in lands. Bract, fol. 38 b 
 39, et passim. This is the form invariably 
 used by Bracton. 
 
 SEYSIRE. L. Lat. In old English 
 law. To take; to take possessiont to 
 seise. Seysire in manum suum ; to seise 
 or take into his hand. Bract, fol. 7l b 
 
(462 ) 
 
 SHE 
 
 seised; possessed of. Id. et 
 
 Seysitus 
 passim. 
 
 SHACK; In English law. The stray- 
 ing and escaping of cattle out of the lands 
 of their owners into other unenclosed land ; 
 an intercommoning of cattle. 2 H. Bl. 
 416. See Common of shack. 
 
 " SHALL BE." See Urit. 
 
 SHAM PLEA. A false plea; a plea 
 of false or fictitious matter, subtly drawn 
 so as to entrap an opponent, or create de- 
 lay. 3 Chitt. Gen. Pr. 729, 730. 
 
 SHAMELLJE, Scamdlm. L. Lat. In 
 old records. Shambles; stalls to sell meat. 
 Placit. Pari. 18 Edw. L Cowell. 
 
 "SHARE" denotes interest. "Share 
 of an estate" will pass a fee. 5 M. <& S. 
 408. The word share may carry a moiety 
 of a leasehold estate. 5 East, 501. 
 
 SHARE AND SHARE ALIKE. In 
 equal shares or proportions. See Amhl. 
 656, note (1.) 5 East, 505. Create a 
 tenancy in common. 2 Florida B. 387. 
 5 Johns. Ch. 334. 
 
 SHAW. In old English law. A wood. 
 Co. Litt. 4 b. 
 
 " SHAWLS," decided by the Supreme 
 Court of the United States to be " wearing 
 apparel," within schedule C. of the tariff 
 act of 1846. 16 Howard's R. 251. In 
 this case, the meaning of the word shawl 
 underwent an elaborate discussion, and the 
 doctrine was laid down that the popular 
 or received import of words furnishes the 
 general rule for the interpretation of public 
 laws, as well as of private and social trans- 
 actions. Id. ibid. See opinion of Daniel, 
 J. Id. 256. 
 
 " SHEET," held to be " a book," within 
 the meaning of the English copyright act. 
 8 Ann. c. 19. 11 East, 244. 
 
 SHERIFF, [from Sax. scyre-gerefa, shire- 
 reeve ; L. Lat. vicecomes ; L. Fr. viscount.^ 
 The chief civil officer of a county, specially 
 entrusted with the execution of the laws 
 and the preservation of the peace. In 
 England, he transacts all the sovereign's 
 business in the county ; the crown, by let- 
 ters patent, committing the custody of the 
 county to the sheriff alone. 1 Bl. Com. 
 339. He has judicial as well as ministerial 
 powers, being authorized to hold courts for 
 the trial of small causes. As teeper of the 
 Queen's peace, both by common law and 
 special commission, he is the first man in 
 the county, and superior in rank to any 
 nobleman therein, during his office. In his 
 ministerial capacity, he is bound to execute 
 
 all process issuing out of the superior courts, 
 and in this respect is considered as an offi- 
 cer of these courts. And as the Queen's 
 bailiff, it is his business to preserve her 
 rights within his bailiwick. See Id. 343 — 
 344. Hale's Anal. sect. xii. Sewell's 
 Law of Sheriff, 7—12. 
 
 In the United States, the powers and 
 duties of the sheriff, in addition to those of 
 conservator of the peace, are chiefly minis- 
 terial, he being the officer to whom the 
 process of the superior courts in the several 
 states is always directed for execution. In 
 the commencement of civil causes, he serves 
 the writ, and in cases requiring it, arrests 
 and takes bail; when the cause comes to 
 trial, he summons and returns the jury ; 
 and when it is determined he sees the judg- 
 ment of the court carried into execution. 
 In criminal matters, he also arrests and im- 
 prisons, he returns the jury, he has the 
 custody of the delinquent, and he executes 
 the sentence of the court, though it extend 
 to death itself. See 1 Bl. Com. 344. His 
 judicial powers are much more limited than 
 in England, being chiefly confined to the 
 taking of inquisitions on writs of inquiry of 
 damages, before a jury summoned for the 
 purpose. See Writ of inquiry. 
 
 The derivation of the word slwriff, from 
 the Sax. scyre-gerefa, or scyre-refa, suffi- 
 ciently attests the high antiquity of the 
 office. The sheriff was, in the Saxon times, 
 the reeve or bailiff of the shire, and during 
 the Anglo-Norman period, acted as the 
 deputy of the count or earl, (comes,) who 
 had the government of the county. Hence 
 his title, in law Latin, of vice-comes, (q. v.) 
 and in law French, viscount, (q. v.) that is, 
 count's or earl's deputy. The Saxon scyre- 
 gerefa, or scyre-refa, gradually became the 
 English shyre-greve, shire-greeve, shire-reeve 
 and schireve, still further contracted to shi- 
 reve and shrieve, and finally softened to 
 shyrefe, which was the form of the word in 
 Camden's time. Camd. Brit. 104. Shiriff 
 is a form used in old records, which by the 
 change of a single letter has become the 
 modern sheriff. Blount treats of the word 
 under the forms shirif, or shiref ; Cowell, 
 under shireve. Skene, the Scotch exposi- 
 tor, uses schireff. 
 
 SHERIFF CLERK. In Scotch law. 
 The clerk of the sheriff's court. BelVs 
 Diet. 
 
 SHERIFF DEPUTE. In Scotch law. 
 The principal sheriff of a county, who is 
 also a judge. Brande. 1 Chitt. Bl. Com. 
 
SHI 
 
 (463) 
 
 SHI 
 
 339, note. He is not properly a higt 
 slieriff. BelVs Diet. 
 
 SHERIFFALTY. The time of a man's 
 being sheriff. Oowell. The term of a 
 sheriff's oiRce. 
 
 SHERIFFWICK. The jurisdiction of 
 a sheriff. Doct. & Stud. dial. 2, oh. 42, p. 
 232. Called in modem law, bailiwick. 
 
 The office of a sheriff. FincKs Law, b. 
 4 ch. 25 
 
 _' SHERIFF'S JURY. In practice. A 
 jury summoned for the taking of inquisi- 
 tions before the sheriff or under sheriff, on 
 a writ of inquiry. 1 Burr. Pr. Sl5, 311. 
 
 SHETAR, "Its'©- Heb. (Pronounced 
 shtar and sktor.) A contract. Shtor 
 chozi chelec zachar ; a contract for half of 
 a male's share. 1 Uden, 317, 325. See 
 Star. 
 
 SHIFTING USE. A use which is made 
 to shift or change from one person to an- 
 other, by matter ex post facto, (of after oc- 
 currence.) As if an estate be limited to 
 the use of A. and his heirs, with proviso 
 that when B. returns from Rome, the land 
 shall be to the use of C. and his heirs; 
 here, on the return of B. the use changes 
 or shifts from A. to C. and is hence called 
 a shifting use. See 1 Steph. Com. 503. 
 These shifting uses are common in all set- 
 tlements ; and in marriage settlements, the 
 first use is always to the owner in fee till 
 the marriage, and then to other uses. The 
 fee remains with the owner until the mar- 
 riage, and then it shifts as uses arise. 4 
 Kent's Com. 291 
 
 SHIP, [Sax. scip ; Lat. navis ; L. Fr. 
 nef^ in its general sense, as used in mari- 
 time law, is synonymous with vessel, and is 
 a generic term, including all vessels. 1 
 Peters' Adm. Bee. 128, note. By the 
 English statute of 5 & 6 Will. IV. the 
 term ship is declared to comprehend every 
 description of vessel navigating on the 
 sea. 
 
 In a stricter sense, — a vessel with three 
 complete masts, viz. lower, top, and top- 
 gallant masts. Brande. 
 
 To SHIP. In maritime law. To put 
 on board a ship ; to send by ship. Goods, 
 in this sense, are said to be shipped, and 
 the merchant or person putting them on 
 board is called the shipper, (q. v.) 
 
 To engage to serve on board a vessel as 
 a seaman, for a certain voyage or for a 
 specified term ; to engage to go on board 
 a vessel as a seaman for a certain voyage 
 or time. See Shipping articles. 
 
 SHIP-BREAKING. In Scotch law. 
 The offence of breaking into a ship. ArTc- 
 ley'sR. 461. 
 
 SHIPPER. The charterer or freighter 
 of a vessel. 3 Kenfs Com. 218. The 
 merchant or person who ships goods on 
 board a vessel. See To ship. 
 
 SHIPPING ARTICLES. In maritime 
 law. An agreement in writing made be- 
 tween the master of a vessel and the sea- 
 men engaged to serve on board, specifying 
 the voyage or term for which they are 
 shipped, and the rate of wages, and when 
 they are to render themselves on board. 
 3 Kent's Com. 111. Abbott on Ship. 606, 
 611—614. Id. 118—125, (PerMns' ed. 
 I860,) and notes. This contract, though 
 made with the master, is deemed a contract 
 also with the owner, and on the credit of 
 the ship ; and it constitutes, also, a several 
 contract with each seaman to all intents and 
 purposes. Id. 121, note, and cases cited 
 ibid. And see Id. (ed. 1854,) V50 — 770, 
 and notes. 
 
 SHIP'S HUSBAND. In maritime law. 
 A person appointed by the several part- 
 owners of a ship, and usually one of their 
 number, to manage the concerns of the 
 ship for the common benefit. 3 Kent's 
 Com. 151. Abbott on Ship. 105, (131, 
 Perkins' ed. 1850.) Generally understood 
 to be the general agent of the owners in 
 regard to all the affairs of the ship in the 
 home port. Story on Agency, § 35. 
 
 SHIP'S PAPERS. In maritime and 
 international law. Papers with which a 
 vessel is required by law to be provided, 
 either as evidences of title, or in compliance 
 with custom-house regulations, or the pro- 
 visions of treaties, or for the manifestation 
 and protection of the ship and cargo in 
 time of war.* The documents expected 
 to be found on board a neutral ship are the 
 register, the passport or sea-letter, the 
 muster roll, the charter party, the bills of 
 lading, the invoice, the log-book, and the 
 bill of health. 1 Kent's Com. 157. ^46- 
 bott on Ship. 347, note. See Id. 430, 
 Perkins' ed. 1850, note. 
 
 SHIP- WRECK. [Lat. naufragium ; L. 
 Fr. naufrage.} The breaking or shattering 
 of a ship or vessel, either by driving ashore 
 or on rocks and shoals in the mid-seas or 
 by the mere force of the winds and wa'ves 
 in tempests.* 2 Arnould on Ins. § 296. 
 Chancellor Kent observes that there has 
 been some difficulty as to the true defini- 
 tion of shipwreck. 3 Kent's Com. 323, 
 
SPO 
 
 (464) 
 
 SI 
 
 SUpwrect, it appears, may either be total, 
 as where a vessel is dashed to pieces, and 
 reduced to a mere congeries of planks or 
 timbers, or sinks in consequence of her 
 injuries; or partial, where the vessel con- 
 tinues to preserve her form and construc- 
 tion with more or less of injury. See 2 Ar- 
 nould on Ins. ub. sup. In the French law, 
 various degrees of shipwreck are recog- 
 nized ; such as naufrage, bris absolu, bris 
 partial, echouement avec bris, echouement 
 sans bris, &c. Id. note. See Naufragium. 
 
 SHIRA, ScUra. L. Lat. In old Eng- 
 lish law. Shire ; a shire ; the shire. Fleta, 
 lib. 2, c. 61, § 23. 
 
 SHIRE. [L. Lat. shira, scyra ; from 
 Sax. scyran, to divide.] A county. So 
 called, because every county or shire is 
 divided and parted by certain metes and 
 bounds from another. Co. Litt. 50 a. 1 
 Bl. Com. 116. 
 
 SHIRE-MOTE. In Saxon law. The 
 county court. See Scire gemote. 
 
 SHIRE-REEVE, SUreve. In Saxon 
 law. The reeve or bailiff of the shire. 
 The viscount of the Anglo-Normans, and 
 the s7icr«^ of later times. Co. Litt. 168 a. 
 See Sheriff. 
 
 SHOP A. L. Lat. In old records. A 
 shop. Cowell. 
 
 SHORE. [Lat. litus, littus.^ Land on 
 the margin of the sea, or a lake, or river.* 
 That space of land which is alternately 
 covered and left dry by the rising and fall- 
 ing of the tide ; the space between high 
 and low-water marks. Hale de Jur. Mar. 
 pars 1, c. 6. Angell on Tide-Waters, 67, 
 c. 3. See Sea-shore. The shore of a fresh 
 water river is where the land and water 
 ordinarily meet. 6 Cowen's R. 547. But 
 this is more properly called the bank, 
 (ripa.) A river in which the tide does not 
 ebb and flow, has no shores in the legal 
 sense of the term. Walworth, C. 4 Iliirs 
 R. 375. And a lake without tides cannot 
 properly be said to have a shore. Ang. 
 on Tide- Waters, ub. sup. And see 3 Grat- 
 tan's R. 655. 13 Howard's R. 391. See 
 Litus, Ripa. 
 
 SHORT NOTICE. In practice. No- 
 tice of less than the ordinary time; gene- 
 rally, of half that time. 2 Tidd's Pr. 767. 
 8 Chitt. Qen. Pr. 709. 1 Burr. Pr. 213. 
 
 SHORTFORD. An old custom of the 
 city of Exeter. A mode of foreclosing 
 the right of a tenant by the chief lord of 
 the fee, in cases of non-payment of rent. 
 Cowell. 
 
 SI, Cy. L. Fr. In old English law. So. 
 Si luy eyde Dieu et les saints ; so help him 
 God and the saints. Britt. c. 22. Si lour 
 eyde Dieu et ses seyntz ; so help them God 
 and his saints. Id. ibid. Si Dieu moy 
 eyde et les seintz ; so help me God and the 
 saints. Id. c. 22. Id. c. 62. Id. c. 68. 
 See Saints. 
 
 If. S'il ne osast ; if he dares not. Litt. 
 sect. 419. Si, in this sense, is frequently 
 repeated in the same sentence, the latter 
 word answering to the former, thus : Si les 
 jurours dient que le tenement nest mie en la 
 ville nosme en le brefe, si chet le brefe ; if 
 the jurors say that the tenement is not in 
 the town named in the writ, the writ shall 
 abate. Britt. c. 48. 
 
 SI. Lat. If. The proper word ex- 
 pressive of a condition in old conveyances. 
 Bract, fol. 18 b. Fleta, lib. 3, c. 9, § 4. 
 Bacon's Arg. Case of Revocation of Uses ; 
 Works, iv. 260. See Scito quod ut, (fee. 
 Co. Litt. 204 a. 
 
 An emphatic word in the entry of the 
 old assises on record. Assisa venit recog- 
 nitura si Priorissa de K. injuste, &c. dis- 
 seisivit Martinum le Hayward ; the assise 
 came to recognize [i. e. to try,] if the pri- 
 oress of K. unjustly, &c. disseised Martin 
 the hayward. Yearb. M. 1 Edw. II. 2. 
 Constantly used by Bracton in his refer- 
 ences to adjudged cases. 
 
 Si aliqnid ex solemnit)us deficiat, coin 
 sequitas poscit, subveniendum est. If any 
 one of certain required forms be wanting, 
 when equity requires, it will be aided. 1 
 Kent's Com. 157. The want of some of a 
 neutral vessel's papers is strong presump- 
 tive evidence against the ship's neutrality, 
 yet the want of any one of them is not 
 absolutely conclusive. Id. ibid. 
 
 Si a jure discedas, ragas eris, et erunt 
 omnia omnibus incerta. If you depart 
 from the law, you will go astray, and all 
 things will be uncertain to every body. 
 Co. Litt. 221 h. 
 
 Si assuetis mederi possis, nova non sunt 
 tentauda. If you can be relieved by ac- 
 customed remedies, new ones should not 
 be tried. 10 Co. 142 b. If an old wall 
 can be repaired, a new one should not be 
 made. Id. ibid. 
 
 SI antiquitatem species, est veiustissima ; 
 si dignitatem, est honoratissima / si juris- 
 dictionem, est capacissim^ ; if you look at 
 its antiquity, it is the oldest ; if at its dig- 
 nity, it is the most honorable ; if at its 
 jurisdiction, it is the most comprehensive. 
 
SI 
 
 (465) 
 
 SIC 
 
 The high court of parliament is thus de- 
 scribed by Lord Coke. 4 Inst. 36 ; quoted, 
 1 Bl. Com. 160. 
 
 SICONTINGAT. Lat. If it happen. 
 Words of condition in old conveyances. 
 10 Co. 42 a, Mary Partington's case. 
 
 SI ITA EST. Lat. If it be so. Em- 
 phatic words in the old writ of mandamus 
 to a judge, commanding him, if the fact 
 alleged be truly stated, (si ita est,) to affix 
 his seal to a bill of exceptions, (quod ap- 
 ponat sigillum.) Marshall, C. J. 5 Peters' 
 a. 192, referring to the Register for the 
 form. The writ in the Register is not 
 strictly a mandamus, prcecipimus being the 
 word used. It is called breve de ponendo 
 sigillum ad exceptionem ; a writ for putting 
 a seal to an exception. Reg. Orig. 182. 
 
 SIFECERIT TE SECURUM. L.Lat. 
 If [he] make you secure. In practice. The 
 initial and emphatic words of that descrip- 
 tion of original writ which directs the sher- 
 iff to cause the defendant to appear in court, 
 without any option given him, provided 
 the plaintiff gives the sheriff security ef- 
 fectually to prosecute his claim. ZBl. 
 Com. 274. See Beg. Orig. 30, 72, et 
 
 SI NON, OMNES. Lat. (If all can- 
 not.) In English practice. A writ of 
 association of justices whereby, if all in 
 commission cannot meet at the day assign- 
 ed, it is allowed that two or more may 
 proceed with the business. Cowell. F. 
 N.B.\\\ C. Id. 186 A. Reg. Orig. 
 202, 206. 
 
 SI PRIUS. L. Lat. In old practice. 
 If before. Formal words in the old writs 
 for summoning juries. Fleta, lib. 2, c. 
 65, § 12. See Nisiprius writ. 
 
 SI QUIS. Lat. In the civil law. If 
 any one. Formal words in the prsetorian 
 edicts. The word quis, though masculine 
 in form, was held to include women. Dig. 
 50. 16. 1. 
 
 SI RECOGNOSCAT. Lat. (If he 
 acknowledge.) In old practice. A writ 
 which lay for a creditor against his debtor 
 for money numbered (pecunia numerata^ 
 or counted, that is, a specific sum of money, 
 which the debtor had acknowledged in the 
 county court, to owe him, as received in 
 pecuniis numeratis. Cowell. 
 
 SIC. Lat. So. Sic interpretandnm est 
 Bt verba accipiantnr cum effecta. [A stat- 
 ute]' is to be so interpreted that the words 
 may be taken with effect, [that its words 
 may have effect.] 3 Inst. 80. 
 
 Vol. IL 30 
 
 Sic enim debere qnem meliorem agrum 
 sunm facere, ne Ticini detcriorem facial. 
 
 Every one ought so to improve his land, 
 as not to injure his neighbor's. 3 Kent's 
 Com. 441. A rule of the Roman law. 
 
 Sic utere tno nt alicnum non Isedas. So 
 use yonr own [right or property] as not to 
 injure another's. 9 Co. 59 a, William Al- 
 dred's case. 1 Bl. Com. 306. 3 Id. 217. 
 Broom's Max. 160, [274.] One of the 
 fundamental maxims of the law. Thomp- 
 son, C. J. 15 Johns. R. 218. Woodworth, 
 J. l7 Id. 99. " A principle of universal 
 obligation." Woodward, J. 26 Fenn. St. 
 R.118. But see 4 Comstock's R. 198. 
 "A principle as old as civilization itself, 
 and no less of morals than law." Ranney, 
 J. 4 Ohio St. R. 415. And see 12 Grat- 
 tan's i?. 325. 
 
 SIC HIC. Lat. So here. Words 
 used in argument, in the old books. Yearb. 
 M. 2 Hen. VL 1. 
 
 SIC 8UBSCRIBITUR. Lat. In Scotch 
 practice. So it is subscribed. Formal 
 words at the end of depositions, immedi- 
 ately preceding the signature. 1 How. 
 St. Trials, 1379. 
 
 SICARIUS. Lat. [from sica, a dagger 
 or knife.] In the civil law. An assassin ; 
 one who carried a knife, dagger or other 
 weapon, with intent to kill. Inst. 4. 18. 5. 
 The Lex Cornelia de «icam« was enacted to 
 punish such persons. Id. ibid. Dig. 
 48. 8. 
 
 SICH, Sichet, Siket. [L. Lat. sichetum, 
 sikettus.1 In old records. A little cur- 
 rent of water, that is dry in summer ; a 
 water furrow or gutter. 2 Man. Angl. 
 426. Cowell. 
 
 SICKERBORGH. Sc. [from sicAer, sure, 
 and borgh, pledge.] In old Scotch law. 
 A sure pledge. Skene de Verb. Sign. 
 voc. Sacreborgh. See Sacaburth. 
 
 SICOME. L. Fr. So; as. Sicome «o» 
 several ; as his several. Britt. c. 59. Si- 
 come »ioy ay(ie Z'iczi ; so help me God, 
 Liti. sect. 514. 
 
 SICUT. Lat. As. Sicut alias; as 
 before, or on another occasion. Yearb. 
 M. 8 Edw. in. 45. See Alias. Sicut plu- 
 ries ; as oftentimes. See Pluries. Sicut 
 
 natura non faeit saltum, ita nee lex. As 
 
 nature does nothing by a bound or leap, [in 
 a hurried or irregular manner,] so neither 
 does law. Co. Litt. 238 b. 
 
 SICUT ME DEUS ADJUVET. Lat. 
 So help me God. Fleta, lib. 1, c. 18 
 § 4. 
 
SIG 
 
 (466) 
 
 SIG 
 
 SroE BAR RULE. In English prac- 
 tice. A rule authorized by the courts to 
 be granted by their officers as a matter of 
 course, without formal application being 
 made to them in open court. So called, 
 because anciently moved for by the attor- 
 nies at side bar, that is, in an informal way. 
 These rules are also called in the Court of 
 Common Pleas, treasury rules, because 
 moved for in the treasury chamber of the 
 court. See 1 Tidd's Pr. 483, 484. 
 
 SIDELINGS. [L. Lat. sidlingi, ayth- 
 lmgii\ In old records. Unploughed pieces 
 of land on the sides of fields. See Butts. 
 Meres or balks on the side of arable lands. 
 2 Mon. Angl. 275. Cowell. 
 
 SIDESMEN or QUESTMEN. [L. Lat. 
 gynodales^ In English ecclesiastical law. 
 Persons yearly chosen, according to the 
 custom of every parish, to assist the church- 
 wardens in the inquiry, and presenting 
 such offenders to the ordinary as are pun- 
 ishable in the court christian. Cowell. 
 Blount says they are more properly called 
 synodsmen. 
 
 SIDINGS. In old English law. Boun- 
 dary lines on the sides of lands. Cro. Jac. 
 183. See Buttah. 
 
 SIEGE. Ft. In French law. Seat. 
 Bans ious les sieges de I' Amiraute ; in 
 all the seats of the admiralty. Ord. Mar. 
 liv. 1, tit. 1, art. 1. 
 
 SIEGLE. L. Fr. [Lat. seculum.] In 
 old English law. Age. Kelham. 
 
 SIEL. L.Fr. {L&t. sella.'] In old Eng- 
 lish law. A saddle. Kelham. 
 
 SIEN. L. Fr. Seat. Kelham. 
 
 SIER. L. Fr. [Lat. secare.] In old 
 English law. To mow. Hn temps de sier 
 hlees ; in harvest time. Kelham. 
 
 SIERVO. Span, [from Lat. servus, q. v.] 
 In Spanish law. A slave. Las Partidas, 
 part. 4, tit. 21, 1. 1. 
 
 SIET. L. Fr. Knows. Ne siet rien ; 
 knows nothing. Kelham. 
 
 SIETE PARTIDAS. Span. Seven 
 parts. See Las Partidas. 
 
 SIGILLARE. Lat. [from sigillum, a 
 seal.] In the civil and old English law. 
 To seal ; to affix a seal. Calv. Lex. Si- 
 gillatum ; sealed. 1 SalTc. 141. Per 
 literas vestras sigillatas sigillo tuo, et sigillis 
 proedictorum juratorum; by your letters 
 sealed with your seal, and the seals of the 
 aforesaid jurors. Bract, fol. 310. 
 
 SIGILLUM. Lat. [dimin. of signum, 
 a seal.] In old English law. A seal. Si- 
 gillum est cera impressa; a seal is wax im- 
 
 pressed. 3/wsi. 169. See Seal. In cujus 
 rei testimonium, huic scripto sigillum meum 
 apposui ; In witness whereof, I have to 
 this writing set my seal. Bract, fol. 38. 
 Fleta, lib. 3, c. 14, § 13. Id. lib. 2, c. 60, 
 §25. 
 
 SIGLA. Lat. In the Roman law. 
 Marks or signs of abbreviation used in 
 writing. Cod. 1. 17. 1. 13. 
 
 To SIGN. To affix the name to an in- 
 strument or writing ; to subscribe. Obvi- 
 ously derived from the Lat. signare, which, 
 however, signified to seal, as distinguished 
 from subscribere, to subscribe, or write 
 under. 
 
 *^* In the construction of that provi- 
 sion of the Statute of Frauds in relation 
 to promises and agreements of certain 
 kinds, which requires a " memorandum or 
 note in writing, signed by the party to be 
 charged, or his agent," &c. it has been 
 held that the word " signed " did not 
 necessarily import the writing of the par- 
 ty's name underneath the memorandum or 
 instrument, that is, at the bottom or end of 
 it ; but that, if the name appeared in any 
 part of the writing, and was put there by 
 him or his authority, it was sufficient. 
 This has become the settled construction 
 of the word, both in England and in the 
 United States. 3 Meriv. 53. 2 Bos. cfc 
 Pull. 238. '^ M. dt S. 'HBQ. 14 Johns. 
 R. 484, 486. 13 Mass. B. 87. 2 Kent's 
 Com. 511, and note. In the state of New- 
 York, however, the courts found them- 
 selves so much at large as to what should 
 be considered a signing under this statute, 
 as thus construed, that, on the revision of 
 the statutes in 1829, the word "signed" 
 was, on the recommendation of the revi- 
 sers, stricken out of the provision, and the 
 word " subscribed " inserted in its place. 
 2 Rev. Stat. [135,] 70, § 2. See Reviser's 
 Notes, 3 Rev. St. 655. And although 
 the substituted word was at first construed 
 as loosely as the word signed had been, its 
 meaning has at length been judicially set- 
 tled in conformity with its literal and pop- 
 ular signification, viz. as importing an act- 
 ual underwriting of the name. 26 Wen- 
 delVsR. 341. 2 Selden's R. 9. This was 
 going ba(Jf to what had been, in the ear- 
 lier English cases, (and not without rea- 
 son,) contended for, as the true meaning of 
 the provision as it had been originally en- 
 acted. 
 
 SIGNARE. Lat. [from signum, seal, or 
 mark.] In the civil law. To seal ; to affix 
 
SIG 
 
 (467) 
 
 SIG 
 
 a seal ; to confirm by a seal, {tigillo con- 
 firmare.) Si ab ipso testatore annulum 
 accepero, et signavero, testamentum valet, 
 quasi alieno signaverim ; if I should take 
 a ring from the testator himself, and seal 
 [with it,] the testament is valid, as though 
 I had sealed with another's. Dig. 28. 2. 
 22. 2. Literally, to put one's own mark, 
 {signum^ upon a thing. Calv. Lex. 
 
 In old English law. To seal a measure. 
 Fleta, lib. 2, c. 82, § 1. 
 
 SIGNAT0RIU8 ANNULUS. Lat._ In 
 the civil law. A signet-ring ; a seal-ring. 
 Dig. 50. 16. 74. 
 
 SIGNATURE. [Lat. signaiura, from 
 signum, a seal or mark] The writing or 
 subscribing of one's name at the end of an 
 instrument, by which it is made the act of 
 the party so subscribing ; an essential part 
 of every valid instrument. Literally, the 
 impression of a stamp, sign or mark, {sig- 
 num,) upon a thing. 
 
 The name of a party subscribed to an 
 instrument. 
 
 A signature may be written either by 
 the party himself, or by his authorized 
 agent, and it may be expressed either by 
 the party's actually writing his name, or 
 making his mark, (the original meaning of 
 signum, q. v. ;) and it may be written in 
 some cases in pencil, as well as with ink, 
 and even expressed by the party's initials. 
 See Mark, Initial. As to the signature of 
 a deed, see 4 Kents Com. 450, et seq. As 
 to the signature of a will, see 2 Greenl. 
 Uvid. § 674. 1 Williams on JSxec. 63 — 
 71. As to the signature of bills of ex- 
 change, see Story on Bills, § 53. As to 
 signatures under the Statute of Frauds, see 
 Blackburn on the Contract of Sale, 69. 
 
 SIGNET. [L.L&t.signettum.'] In Eng- 
 lish law. One of the queen's seals in Eng- 
 land, used in sealing private letters and 
 grants under the sign manual. It is in the 
 custody of the Secretary of State for the 
 home department. Brands. The signet 
 in Scotland is the seal by which the 
 queen's letters and writs for the purpose of 
 justice are now authenticated. Id. 
 
 SIGNIFICAVIT. L. Lat. [He] hath 
 signified. In English practice. That 
 clause in the writ de contumace capiendo, 
 which states that a certain judge, or other 
 competent person, has signified to the king 
 that the person against whom the writ is 
 issued is manifestly contumacious. Holt- 
 house. 
 
 The writ itself, containing this clause. 
 
 Id. The old writ de excommunicato capi- 
 endo began with the word significavit. Beg, 
 Orig. 65. 
 
 SIGNING may be by printing as well 
 as writing. 2 M. d: S. 286. Signing 
 may be by stamping. Le Blanc, J. Id. 289. 
 
 SIGNING JUDGMENT. In English 
 practice. The signature or allowance of 
 the proper officer of a court, obtained by 
 the party entitled to judgment in an ac- 
 tion, expressing generally that judgment is 
 given in his favor; and which stands in 
 the place of its actual delivery by the 
 judges themselves. Steph. PI. 110, 111. 
 The signing of an incipitur of the declara- 
 tion, and of the postea, in taxing costs, is 
 called signing judgment. Id. ibid. note. 
 
 In American practice, signing judgment 
 means a signing of the judgment record 
 itself, which is done by any officer author- 
 ized to tax costs and sign judgments, on 
 the margin of the record, opposite the 
 entry of the judgment. 1 Burr. Pr, 268. 
 
 SIGN MANUAL. In English law. The 
 royal signature to grants and letters, writ- 
 ten at the top of the instrument. 2 Bl. 
 Com. 347. 9 Mod. 54. 
 
 SIGNUM. Lat. In the Roman and 
 civil law. A sign ; a mark ; a seal. The 
 seal of an instrument. Dig. 28. 1. 22. 
 3, 5. Calv. Lex. 
 
 A species of proof. By ngna, were 
 meant those species oi indicia which come 
 more immediately under the cognizance of 
 the senses, such as stains of blood on the 
 person of the accused. Best on Presump- 
 tions, 13, note (/.) See Fleta, lib. 1, c. 25, 
 § 14. 
 
 In Saxon law. A cross prefixed to the 
 name of a subscribing witness, as a sign of 
 assent and approbation to a charter or 
 other deed; commonly used among the 
 Saxons and some of the first Normans, be- 
 fore the common use of either affixed or 
 appending seals, when subscriptions were 
 in this form : + Signum Roberti Epis- 
 copi Line. + Signum Nigelli de Oyley, c&c. 
 Cowell. 
 
 In old English law. A seal. Ideo in 
 testimonium et rei gestae probationem, appo- 
 nat donator signum, adjiciendo clausulam 
 istam vel consimilem ; therefore, in testi- 
 mony and in proof of the thing done, the 
 donor should set to his seal, adding this 
 clause or the like. Fleta, lib, 3, c. 14 
 § 13. 
 
 A mark put on sheep. Id. lib. 2, c. 79, 
 § 5- 
 
SIM 
 
 (468) 
 
 SIM 
 
 Silent leges inter arma. The po-wer of 
 law is suspended during -war. Bacon's 
 Arg. Case of the Postnati of Scotland ; 
 Works, iv. 347. 
 
 SILVA. Lat. In the civil law. Wood; 
 a wood. See Sylva. 
 
 SILVA C^DUA. Lat. In the civil 
 law. That kind of wood which was tept 
 for the purpose of being cut, {qui in hoc 
 habetur, ut ccederetur.) Big. 50. 16. 30. 
 According to Servius, it was that kind, 
 which, when cut down, grew up again from 
 the trunks or roots, {qum succisa rursus ex 
 stirpihus aut radicibus renascitur.) Id. 
 See Id. 1. 1. 9. 7. Id. V. 1. 10. 
 
 In English ecclesiastical law. Under- 
 wood; coppice-wood. 2 Inst. 642. Cow- 
 ell, voc. Sylva ccedtia. All small wood 
 and under-timber, and likewise timber 
 when cut down, under twenty years' 
 growth; titheable wood. 3 Salk. 347. 
 Trees intended to be cut, or "that be 
 able to be cut," as distinguished from fruit- 
 bearing trees. Doct. d: Stud. dial. 2, ch. 
 55, p. 291. 
 
 SIMILITER. Lat. [L. ¥t. semblemeni.] 
 In pleading. Likewise ; the like. The 
 name of the short formula used either at 
 the end of pleadings, or by itself, express- 
 ive of the acceptance of an issue of fact 
 tendered by the opposite party ; otherwise 
 termed a joinder in issue. Steph. PI. 57, 
 237. The common form of it is, — "And 
 the said plaintiff doth the like." Id. This 
 is a literal translation of the old Latin 
 ioTm,—^"SJt prcedictus A. similiter," the 
 last word of which has been retained as 
 the name of the English formula. The 
 elements of the similiter are contained in 
 the following sentence of Bracton : sim- 
 pliciter dicat quod liber sit, et inde ponat se 
 super juratam, et alius affirmet quod non, 
 et inde se ponat similiter super juratam; 
 he may simply say that he is a freeman, 
 and thereof may put himself upon the coun- 
 try, and the other party may aiErm that he 
 is not, and thereof may put himself like- 
 wise upon the country. Bract, fol. 192 b. 
 
 SIMILITUDO. Lat. In old English 
 law. Similitude ; likeness ; similarity. 
 Similitude legalis est, casuum diversorum 
 inter se collatorum similis ratio ; quod in 
 uno similium valet, valebit in altera ; legal 
 similarity is [consists in] the like reason of 
 different cases when compared together; 
 that which has force in one of the like 
 cases shall have' force in the other. Co. 
 Liit. 191. 
 
 SIMNELL, Simenel, Symenel. [L. Lat. 
 siminellus, from simila, the finest part of 
 flour.] In old English law. The purest 
 white bread. i?'toa, lib. 2, c. 9, § 1. Spel- 
 man, voc. Siminellus. Cowell, 
 
 SIMONY. [Lat. simmia.] In English 
 ecclesiastical law. The corrupt presenta- 
 tion of any one to an ecclesiastical bene- 
 fice, for money, gift, or reward. 2 Bl. 
 Com. 278. — An unlawful contract for 
 presenting a clergyman to a benefice. 
 Brande. So called from the resemblance 
 it is said to bear to the sin of Simon 
 Magus, though, according to Blackstone, 
 the purchasing of holy orders seems to 
 approach nearer to his offence. 2 Bl. 
 Com. ub. sup. See 1 Id. 388. Smith on 
 Contracts, 174 — 176, and note. 
 
 SIMPLA. Lat. In the civH law. The 
 single value of a thing. Dig. 21. 2. 37. 2. 
 See Dupla. 
 
 SIMPLE. [Lat. simplex.] Pure; un- 
 mixed ; unqualified ; composed of the few- 
 est elements. See infra. 
 
 SIMPLE AVERAGE. In French law. 
 Particular average. Ord. Mar. liv. 3, tit. 
 7 art 2 3 
 
 ' SIMPLE CONTRACT. A contract not 
 under seal ; an agreement by parol, includ- 
 ing both verbal and written agreements.* 
 Chitty on Contracts, 4, 7, (Perkins' ed. 
 1848.) 
 
 SIMPLE LARCENY. In criminal law. 
 Mere larceny or theft of goods, as distin- 
 guished from larceny from the person or 
 dwelling. See Larceny. 
 
 SIMPLE OBLIGATION. [Fr. obliga- 
 tion simple^] In the civil law. An obliga- 
 tion which does not depend for its execu- 
 tion upon any event provided for by the 
 parties, or which is not agreed to become 
 void on the happening of any such event. 
 Civil Code of Louis. Art. 2015. 
 
 SIMPLE WARRANDICE. In Scotch 
 law. An obligation to warrant or secure 
 from all subsequent or future deeds of the 
 grantor. Whishaw. A simple warranty 
 against the grantor's own acts. 
 
 SIMPLEX. Lat. Simple; single; pure; 
 unqualified. Simplex et pura \donati6\ 
 did poterit, ubi nulla est adjecta conditio, 
 nee modus ; a gift may be said to be sim- 
 ple and pure, where there is no condition 
 or qualification annexed to it. Bract, fol. 
 17. Fleta, lib. 3, c. 8. Lord Coke ob- 
 serves that it is called simplex, quia sinepli- 
 cis, because without folds. Co. Litt. 2 a. 
 
 SIMPLEX COMMENDATIO. L. Lat. 
 
SIM 
 
 (469) 
 
 SIN 
 
 In the law of contracts. Mere commenda- 
 tion or praise. Simplex commendatio nou 
 obligat. Mere comnjendation does not 
 bind. 2 Kenfs Com. 485. 
 
 SIMPLEX DICTUM. L. Lat. In old 
 English practical, Simple averment ; mere 
 assertion without proof. Si autem petens 
 pro se nullam habeat probationem nisi sim- 
 plex dictum, et simplicem vocem de dimis- 
 sione et terming; but if the demandant 
 have no proof on his part, except the mere 
 allegation and the mere speech of a demise 
 and a term. Bract fol. 320. The word 
 vox, in this passage, illustrates briefly, but 
 expressively, the oral pleading of the time. 
 
 SIMPLEX JU8TITIARIUS. L. Lat. 
 In old records. Simple justice. A name 
 sometimes given to a puisne justice. Coia- 
 ell. 
 
 SIMPLEX LOQUELA. L. Lat. In 
 old English practice. Simple speech ; the 
 mere declaration or plaint of a plaintiff. 
 N^ullus ballivus de ccetero ponat aliquem ad 
 legem manifesiam nee ad juramentum, sim- 
 plici loquela sua, sine tentibus fidelihus ad 
 hoc inductis ; no bailiff shall hereafter put 
 any man to his open law, nor to his oath, 
 upon his own mere plaint [or bare saying, 
 as Coke translates it,] without lawful wit- 
 nesses brought in to [prove] it. Magna 
 Charta, c. 28. 2 Reeves^ Hist. Eng. Law, 
 259. Called, in Fleta, simplex vox. Lib. 
 2, c. 63, § 9. 
 
 SIMPLEX OBLIGATIO. Lat. A sin- 
 gle obligation; a bond without a condi- 
 tion. 2 Bl. Com. 340. 
 
 SIMPLEX PEREGRIN ATIO. L. Lat. 
 In old English law. Simple pilgrimage. 
 Fleta, lib. 4, c. 2, § 2. 
 
 Slmplicltas est legibns arnica, ct nimia 
 sttbtilitas in jure reprobatur. Simplicity is 
 a favorite of the laws, and too great subtlety 
 in law is reprobated. 4 Co. 5 b. 
 
 SIMPLICITER. Lat. Simply; by itself; 
 in itself; by its own force ; without any addi- 
 tion. The word " effects," in a will, if 
 used simpliciter, will carry the whole per- 
 sonal estate. Ward on Legacies, 209. 
 Fleta, lib. 3, c. 8. 
 
 SIMULATED FACT. In the law of 
 evidence. A fabricated fact; an appear- 
 ance given to things by human device, with 
 a view to deceive and mislead. See Burr. 
 Circ. Fvid. 131. 
 
 SIMULATION. [Lat. simulatio.] In 
 the civil law. Misrepresentation or con- 
 cealment of the truth; as where parties 
 pretend to perform a transaction drfFerent 
 
 from that in which they really are engaged. 
 1 MacMd. Civ. Law, 165, § 168. 
 
 SIMUL CUM. Lat. (Together with.) 
 In practice. A capias simul cum is a ca- 
 pias in which the sheriff is directed to take 
 a certain defendant, to answer together with 
 other defendants in the action. 1 Burr. 
 Pr. 103. Indictments and declarations in 
 trespass are also sometimes drawn with a 
 simul cum clause. 2 Lill. Abr. 469. And 
 see Fleta, lib. 6, ■ c 4, § 2. Id. lib. 6, c. 
 
 49, § 4. 
 
 SIMUL ET SEMEL. Lat. Together 
 and at one time. Fl,eta, lib. 2, c. 47, § 5. 
 1 Saund. 323 a, note (6.) 
 
 SINE. Lat. Without. See ire/ra. 
 
 SINE ANIMO REVERTENDL Lat. 
 Without the intention of returning. 1 
 Kent's Com. Y8. 
 
 SINE ASSENSU CAPITULI. L. Lat. 
 (Without the consent of the chapter.) In 
 old English practice. A writ which lay 
 where a dean, bishop, prebendary, abbot, 
 prior or master of a hospital, aliened the 
 lands holden in the right of his house, ab- 
 bey or priory, without the consent of the 
 chapter ; in which case his successor might 
 have this writ. F. N. B. 194 I. Cowell. 
 
 SINE CONSIDERATIONE CURI^. 
 L. Lat. Without the judgment of the 
 court. Fleta, lib. 2, c. 47, § 13. 
 
 SINE CURA. L. Lat. Without cure 
 or charge; without any duty attached. 
 See Cura. 
 
 SINE DECRETO. Lat. Without au- 
 thority of a judge. 2 Karnes' Equity, 
 115. 
 
 SINE DIE. L. Lat. [L. Fr. saras ;Wr.] 
 Without day ; without appointment of a 
 day to appear again. De Mis qui recedunt 
 sine die, per defaltam querentis velpetentis ; 
 from those who go without day, by default 
 of the plaintiff or demandant. Fleta, lib. 
 2, c. 39, § 1. A term expressive of a final 
 discharge or dismissal. See Eat inde sine 
 die. Dies, Day, Sans jour. 
 
 SINE HOC QUOD. L. Lat. With- 
 out this that. A technical phrase in old 
 pleading, of the same import with the 
 phrases absque hoc quod, and L. Fr. sans 
 ceo que, (qq. v.) 
 
 SINE JUDICIO. L. Lat. Without 
 judgment; without a judicial sentence. 
 Fleta, lib. 4, c. 14, § 1. 
 
 SINE LIBERIS. Lat. Without chil- 
 dren. For the construction of this phrase 
 in the civil law, see Dig. 60. 16. 148 Id 
 
 50. 17. 187. 
 
SIP 
 
 (4^0) 
 
 SIT 
 
 SINE NUMERO. L. Lat. Without 
 stint or limit. A term applied to common. 
 Fleta, lib. 4, c. 19, § 8. 
 
 SINE PROLE. Lat. Without issue. 
 A term used in genealogical tables. 
 
 SINGLE BILL. A written engage- 
 ment under seal, for the payment of money 
 ■without a penalty. See Bill single. It 
 seems to have formerly been nearly the 
 same with a single bond, (q. v.) Shep. 
 Touch. 36Y. Single bills are still in use 
 in the United States ; as in Pennsylvania, 
 Virginia, South Carolina, Mississippi and 
 Florida. 2& Penn. St. R. 14:2. 10 Sich- 
 ardson's Law R. 145. 6 Florida R. 357. 
 
 SINGLE BOND. [Lat. simplex obli- 
 ffatio.'] A bond without a condition. 2 
 £1. Com. 340. 
 
 SINGULAR used to include the plural. 
 J)iff. 50. 16. 158. 
 
 SINGULAR SUCCESSOR. In Scotch 
 law. A purchaser, in contradistinction to 
 the heir of a landed proprietor. BelPs 
 Dict.^He who acquires any right or thing, 
 by a particular title, for some cause. If 
 for value given, or for valuable considera- 
 tion, the acquirer is termed a singular suc- 
 cessor, for an onerous cause ; and if for love, 
 or on the score of affection and liberality, 
 he is styled a lucrative successor. 1 Forbes' 
 Jnst. part 3, p. 1. 
 
 SINGULARITER. Lat. In the singu- 
 lar. 11 East, 11, arg. 
 
 Si non appareat quid actum est, in con- 
 tiactibus Teniunt ea quae sunt moiis et con- 
 snetudjnis in regione in qua actum est. If 
 it be not clear [if the instrument do not 
 clearly show] what has been done, the cus- 
 tom and usage of the place in which the 
 transaction took place, may be applied in 
 explanation of the contract. Dig. 50. 11. 
 34. 2 Kent's Com. 555. 
 
 Si nulla sit conjectura qua; ducat alio, 
 verba intclligenda sunt ex proprietate, non 
 grammatica sed populari ex usu. If there 
 
 be no conjecture which leads to a different 
 result, [if there be no reasonable ground 
 for a different interpretation,] words are to 
 be understood according to their proper 
 meaning, not in a grammatical but in the 
 popular and ordinary sense. 2 Kent's 
 Com. 555. 
 
 SI PARET. Lat. (If it appears.) In 
 the Roman law. Words used in the for- 
 mula by which the prsetor appointed a 
 judge, {judex,) and instructed bim how to 
 decide the cause. Judex esto. Si paret 
 Aulum Agerium apud Numerium Negi- 
 
 dium mensam argenteam deposuisse, eamque 
 dolo malo Numerii Negidii Aulo Agerio 
 redditam non esse, quanti ea res erit, tantam 
 pecuniam judex Numerium Negidium Au- 
 lo Agerio condemnato ; si non paket ab- 
 solviio. Let be th& judge. If it ap- 
 pear that Aulus Agerius has deposited with 
 Numerius Negidius a silver salver, and that 
 it has not been re-delivered to Aulus Age- 
 rius through the fraud of Numerius Negi- 
 dius, let the judge condemn Numerius Ne- 
 gidius to pay Aulus Agerius as much mo- 
 ney as the thing shall have been worth : if 
 it does not appear, acquit [him.] Gaius 
 Inst. iv. § 47. Paret was an old form of 
 apparet, (it appears.) 
 
 Si quid univeisitati debetur singulis non 
 debetur, nee quod debet univeisitas singuli 
 debent. If any thing is due to a corpora- 
 tion, it is not due to the individual mem- 
 bers of it, nor do the members individually 
 owe what the corporation owes. Dig. 3. 
 4. 7. A maxim of the civil law. 1 £1. 
 Com. 484. 
 
 Si quis in nomine, cognomine, piiDnominc 
 legatarii erraverit, si de persona constat, ni- 
 iiilominus valet legatum, If one should 
 have made a mistake in the nomen, cogno- 
 men or prsenomen of a legatee, if it be 
 clear as to the person intended, the legacy 
 is nevertheless valid. Inst. 2. 20. 29. 
 
 SIST. In Scotch practice. A stay or 
 suspension of proceedings ; an order for a 
 stay of proceedings. £ell's Diet. voc. 
 Advocation. 
 
 To SIST. In Scotch practice. To stay 
 proceedings. BelPs Diet. voc. Advocation. 
 
 SISTERE. Lat. In the civil law. To 
 produce a party in court, {in judicio.) Dig. 
 2. 10. Id. 2. 11. 2. 3. Clerke's Prax. 
 Cur. Adm. tit. 19. 
 
 To SIT. [Lat. sedere, residere.'] To 
 occupy a seat ; to be permanently fixed ; 
 to be prepared for deliberate action. Ap- 
 plied judicially, it signifies. 
 
 To occupy the bench of a court, as 
 judges sit. 
 
 To be formally constituted and held for 
 the transaction of business, as a court sits. 
 
 To occupy a fixed seat of judgment, as 
 distinguished from a moveable one. See 
 Sittings. 
 
 SITE, [from Lat. situs, q. v.] The 
 place where a house stands or has stood.* 
 The standing of any place ; the situation 
 of a capital house or messuage. Cowell. 
 Sometimes written scite. Stat. 32 Hen. 
 VIIL c. 20. Stat. 22 -Car. IL c. 11. 
 
SLA 
 
 (471) 
 
 SMO 
 
 SITTINGS. [L.La.t. sessiones.] In prac- 
 tice. The holding of a court, with full 
 form, and before all the judges ; as a sii- 
 tings in banc. 3 Steph, Com. 423. 
 
 The holding of a court of nisi prius by 
 one or more of the judges of a superior 
 court, instead of the ordinary nisi prius 
 judge. See Id. 422. 
 
 SITUS. Lat. Position; situation; lo- 
 cation ; site. The place where a thing is ; 
 as the situs of property. 5 Peters^ H. 524, 
 625. "The situs rei." 2 Keni's Com. 
 433. See Lex loci rei sitae. Locality for 
 judicial purposes. " A debt has no situs or 
 locality." Ersk. Inst. b. 3, tit. 9, sec. 4. 2 
 Kenfs Com. 458, note. 
 
 SIWER. L. Fr. In old English law. 
 To sue. Siwist ; sued. Yearh. H, 1 Edw. 
 IL 3. 
 
 SIWITE, Siwyte. L. Fr. In old Eng- 
 lish law. Suit. A qi siwite; at whose 
 suit. Tearb. T. 1 Edw. IL 8. II en ad 
 siwite bone; he hath good suit thereof. 
 Id. H. 2 Edw. IL 26. 
 
 SIX CLERKS. [L. Lat. sex derici.] In 
 English practice. Officers of the Court of 
 Chancery, who received and filed all bills, 
 answers, replications, and other papers, 
 signed office copies of pleadings, examined 
 and signed docquets of decrees, &c. and 
 had the care of all records in their office. 
 Holtjumse. 3 Bl. Com. 443. Fleta, lib. 
 2, c. 13, § 15. They were abolished by 
 statute 5 Vict. c. 5. 
 
 "SIX MONTHS" is sometimes con- 
 strued to mean half a year, and not merely 
 six lunar months. CVo. /ac. 167. \Chitt. 
 Gen. Pr. 115. 3 Id. 108. 2 Chiit. Bl. 
 Cora. 140, note. %%& Month, Half year. 
 
 SKELLA. L. Lat. In old European 
 law. A bell. L. Salic, tit. 29, § 3. Spel- 
 man. 
 
 SKERDA. L. Lat. In old English 
 law. A scar. Bract, lib. 3, (de corona,) c. 
 24, num. 2. 
 
 SLADE. [Sax. slced-l In old records. 
 A long, flat and narrow piece or strip of 
 ground. Par. Antig. 465. Kennett's 
 Gloss. Cowell, 
 
 SLAINS. See Letters of slains. 
 
 SLANDER, [from L. Fr. esclaunder, 
 eslaunder, slaunder ; Sc. sklander^ Oral 
 defamation. Cookers Law of Defamation, 
 1. — Defamation by words spoken.*: — The 
 utterance of false, malicious and defama- 
 tory words, tending to the damage and de- 
 rogation of another.* 3 Bl. Com. 123. 3 
 Steph. Com. 4i:l2. As where a man utters 
 
 any thing of another, which may either en- 
 danger him in law, by impeaching him of 
 some punishable crime, — as to say that he 
 has poisoned another, or is perjured ; or 
 which may exclude him from society, — as 
 to charge him with having an infectious 
 disorder, tending so to exclude him; or 
 which may impair or hurt his trade or live- 
 lihood,— as to call a tradesman a bankrupt, 
 a physician a quack, or a lawyer a knave ; 
 or which may disparage him in an office of 
 public trust, — as to say of a magistrate 
 that he is partial and corrupt. 3 Steph. 
 Com. 473. 3 Bl. Com. 123. See Cooke 
 on Defamation, 7 — 24. 
 
 Defamation generally, whether oral or 
 written. In this sense, the word is used in 
 several of the older books, of established 
 authority. Bacon^sAbr.Sl&nAei. Com. Dig. 
 Action upon the case for Defamation, A. 
 Bull. N. P. 3. 1 Starkie on Slander, 
 (Wendell's ed. 1843,) note. 
 
 SLAVE. [L.Fr. ser/; Lat. servus; Fr. 
 esclave.'] A bond-man; one who is bound 
 to serve for life.* One who is by law de- 
 prived of his liberty for life, and becomes 
 the property of another. Bouvier. — A per- 
 son who is wholly subject to the will of 
 another ; one who has no freedom of action, 
 but whose person and services are wholly 
 under the control of another. Webster. — 
 One who is under the power of a master, 
 and who belongs to him ; so that the mas- 
 ter may sell and dispose of his person, of 
 his industry, and of his labor, without his 
 being able to do any thing, have any thing, 
 or acquire any thing, but what must belong 
 to his master. Civil Code of Louis. 35. 
 See Servus. 
 
 SLAVERY. [Lat. servitus:\ The state 
 or condition of a slave ; a state of bondage 
 for life. See 2 Kenfs Com. 247 — 257. 
 
 SLIPPA. L. Lat. In old records. A 
 stirrup, {stapes.) Cart. 5 Hen. VII. Cow- 
 ell. 
 
 SMAKA. L. Lat. In old records. A 
 small light vessel ; a smack. Cowell. 
 
 SMART MONEY. In the law of dam- 
 ages. Vindictive, or exemplary damages. 
 Damages beyond the value of a thing sued 
 for, given by a jury in cases of gross mis- 
 conduct or cruelty on the part of. a defen- 
 dant. See 14 Johns. B. 352. Church J. 
 16 Conn. R. 225. Sedgwick on Damages 
 39—45. 
 
 SMOKE-FARTHINGS. In old English 
 law. An annual rent paid to cathedral 
 churches ; another name for the pentecos- 
 
soc 
 
 (4^2) 
 
 SOC 
 
 tals or customary oblations offered by tbe 
 dispersed inhabitants witbin a diocese, when 
 they made their processions to the mother 
 cathedral church. Cowell. 
 
 SMOKE-SILVER. In English law. A 
 sum paid to the ministers of divers parishes 
 as a modus in lieu of tithe-wood. Blount. 
 SO HELP ME GOD. [L. Fr. ci Bieu 
 moy eyde ; L. Lat. sic me Deus adjuvet.'j 
 The formula with which an oath concludes 
 when the words of it are repeated by the 
 party swearing. See So help you God, 
 Oath. 
 
 SO HELP YOU GOD. [L. Fr. ci 
 Dieu vous ayde ; L. Lat. ita te Deus adju- 
 vei.'\ The formula with which the adminis- 
 tration of an oath always concludes. Where 
 the words of the oath are repeated by the 
 party swearing, the expression is "So help 
 me God" which seems to have been the 
 more ancient form. The energy of this 
 sentence, according to Dr. Paley, resides in 
 the particle so ; so, that is, hac lege, upon 
 condition of my speaking the truth, or per- 
 forming this promise, may God help me, 
 and not otherwise. Paley''s Mor. Phil. b. 
 3, c. 16. See Oath, Saints. 
 
 "SO LONG," in a lease, [a lease for 
 years, so lonff as the lessee shall duly pay 
 the rent,] makes a limitation and not a con- 
 dition. Vaughan, C. J. Freem. 25. 
 SO THAT. See Ita quod. 
 SOBRE. Span. [L. Lat. supra."] Above ; 
 over; upon. 15 Texas M. 586, 592. 
 
 SOBRE-JUEZES. Span. In Spanish 
 law. Superior judges. Las Partidas, 
 part. 3, tit. 4, 1. 1. 
 
 SOBRINI and SOBRIN^. Lat. In 
 the civil law, The children of cousins 
 german in general. Cooper's Just. Inst. 
 Notes,* 573. Big. 38. 10. 3, pr. 
 
 SOC, Sock, Sok, Soke. Sax. [L. Lat. 
 soca, socha, soka ; from Sax. socan, to fol- 
 low, or socn, a privilege.] In Saxon and 
 old English law. A lord's privilege of 
 having suit of court from his tenants; or 
 the right of compelling the attendance of 
 his tenants at his court. Crabb's Hist. 26, 
 27. Spelman. Skene de Verb. Signif. — 
 A lord's power or jurisdiction to have a 
 free court, to hold plea of contracts, cove- 
 nants, and trespasses of his men and ten- 
 ants. 2 Inst. 230. Soc and sac, {sock 
 and sack, or sok and sak, or soke and sake,) 
 are usually mentioned together in the old 
 charters of liberties, and, thus united, ex- 
 press the full power of administering justice 
 which was granted to the lord within his 
 
 manor or lordship ; soc, giving the right to 
 constitute a court, and sac, authority to try 
 causes in it. Spelman. The words occur 
 in Bracton in all the various forms above 
 given. Bract, fol. 56, 122 b, 124 b. 
 
 SOC, Soke. L. Fr. [L. Lat. soca, soc- 
 cus.] In old English law. A plough. 
 Litt. sect. 119. 
 
 SOCA, Socha. L. Lat. Soc, or sock. 
 See Soc. A seigniory enfranchised by the 
 king with liberty of holding a court of his 
 sockmen or soccagers, i. e. his tenants. 
 Cowell. 
 
 A liberty or privilege ; a privileged place. 
 Spelman. 
 
 ■A manor or lordship. Id. A part of 
 a manor. Id. 
 
 SOCAGE, Soccage. [L. Lat. socagium, 
 sockagium ; from Sax. soc, or socn, a liber- 
 ty or privilege ; or Fr. soke ; L. Lat. soca, 
 soccus, a plough.] In English law. A 
 tenure by any certain and determinate ser- 
 vice. 2 Bl. Com.. 79. Free socage, the 
 most honorable species of this kind of ten- 
 ure, is the tenure by which the great bulk 
 of real property in England is now holden. 
 Id. 89. See Pree socage. For the history 
 of this tenure in the United States, see 3 
 Kent's Com. 509—514. 4 Id. 2, 3. 
 
 As to the etymology of this word, there 
 have been two opinions, each maintained 
 by high authority ; Littleton and Coke, 
 who are followed by Sir Martin Wright, 
 deriving it from the French soc or soke, a 
 plough or plough-share, and Somner and 
 Blackstone considering it as derived from 
 Sax. soc, a franchise or privilege. Zitt. 
 sect. 119. Co. Litt. 86 b. Wright on 
 Tenures, 143. Somner's Gavelk. 138. 2 
 Bl. Com. 80. Mr. Christian, in his note on 
 the passage of Blackstone here referred to, 
 expresses his preference of the derivation 
 of Littleton and Coke, and quotes, in fur- 
 ther support of their opinion, a passage 
 from Bracton in which it is said, — did 
 poterit sockagium a socko, et inde tenentes 
 qui tenent in sockagio, sokemanni dici pote- 
 runt, eb quod deputati sunt ut videtur tan- 
 tummodo ad culturam ; (it may be called 
 socage from . soccus, and those that hold 
 thereby, who hold in socage, may be call- 
 ed sokemen, because, as it seems, they are 
 assigned only to the cultivation of the 
 ground.) Bract, fol. 77 b. Mr. Stephen 
 very properly observes of this passage, that 
 it leans, though somewhat doubtfully, to- 
 wards the derivation from the plough, and 
 refers to another passage of Bracton, where 
 
soc 
 
 (473) 
 
 SOI 
 
 he applies socagium in a way ■wMcli tends 
 strongly to mark its identity with pri- 
 vileged tenure, and privileged as being cer- 
 tain in its services. 1 Steph. Com. 193, 
 note (h.) See Bract, fol. 208 b, 209. Sir 
 Henry Spelman, whose opinion might be 
 decisive on this point, gives no formal de- 
 finition of the word socagium, but, under 
 the words socmannus and socman, quotes 
 various passages from which it may be in- 
 ferred that his opinion was in favor of the 
 derivation from soc, a privilege. It may 
 be added that the explanation of Skene, 
 the Scotch expositor, tends to confirm the 
 view of Somner and Blackstone. 
 
 SOCAGIUM, Soccagium, SocJcagium, 
 SoTcagium. L. Lat. In old English law. 
 Socage. Olanv. lib. Y, c. 1. Bract, fol. 
 V7 b, 209. Mag. Cart. 9 Hen. III. c. 27. 
 
 A plough-land ; a portion of land set 
 apart for the support of one family in the 
 country. Spelman. 
 
 SOGER. Lat. In the civillaw. A 
 wife's or husband's father ; a father-in-law. 
 Big. 38. 10. 4. 6. Calv. Lex. Cooper'' s 
 Just. Inst. Notes,* 429. See Big. 50. 16. 
 146. 
 
 SOCIEDAD. Span, [from Lat. socie- 
 tas, q. v.] In Spanish law. Partnership. 
 Schmidts Civ. Law, 153, 154. 
 
 SOCIETAS. Lat. [from socius, q. v.] 
 In the civil law. Partnership ; a partner- 
 ship ; the contract of partnership. Inst. 
 3. 26. Big. 17. 2. 1. — A contract by 
 which the goods or labor of two or more 
 are united in a common stock, for the sake 
 of sharing in the gain. Hallifax, Anal. b. 
 
 2, c. 18, num. 12. A species of consen- 
 sual contract. Heinecc. HI. Jur. Civ. lib. 
 
 3, tit. 26, § 942. See Vinnius ad Inst. 
 lib. 3, tit. 26, Introd. Big. 17. 2. 1, e< seq. 
 Called, in old English law, society. See 
 Partnership. 
 
 In old English law. Complicity in crime. 
 Fleta, lib. 1, c. 38, § 18. 
 
 SOCIETAS NAVALIS. Lat. In Eu- 
 ropean law. Naval partnership or com- 
 pany ; the sailing of a number of vessels 
 in company, for mutual protection. Other- 
 wise called admiralitas. Loccen. de Jur. 
 Mar. lib. 2, c. 2. Id. lib. 3, c. 7. 
 
 SOCIETE. Fr. [from Lat. societas, q. v.] 
 In French law. Partnership. See Com- 
 mendam. 
 
 SOCIETY. [Lat. societas.^ In old Eng- 
 lish law. Partnership. See Partnership. 
 
 SOCII. Lat. [plur. of socius, q. v.] In 
 old English law. Fellows ; associates. A 
 
 title given, in Fleta, to the old masters in 
 chancery. Fleta, lib. 2, c. 13, § 12. But 
 improperly, according to the " Treatise of 
 the Maisters of the Chauncerie." 
 
 SOCIUS. Lat. In the civil law. A 
 partner. Solvitur adhuc societas etiam 
 morte socii ; a partnership is also dissolved 
 by the death of a partner. Inst. 3. 26. 6. 
 Big. 17. 2. Pro socio. Socii Hiei socin& 
 mens SOClns non est. The partner of my 
 partner is not my partner. Big. 17. 2. 20. 
 Id. 50. 17. 47. 1. This principle is also 
 recognized in the common law. A person 
 may become a partner with one individual 
 of a partnership, without being concerned 
 in that partnership. 3 Kents Com. 52, 
 and note. 
 
 In old English law. An associate or 
 companion in crime ; an accomplice. Fleta, 
 lib. 1, c. 38, § 17. Socius criminis. 2 
 Alis. Crim. Pr. 452. 
 
 In practice. An associate justice or 
 judge. 1 Leon. 90. 
 
 SOCMAN, Sokman, SoTceman. Sax. 
 [from soc, privilege, and manj\ In old 
 English law. A tenant by socage. Bract. 
 fol. 77 b. A tenant in ancient demesne. 
 Spelman, citing 0. N. B. Britt. c. 66. 
 A tenant in villenage. Spelman. Eather 
 a tenant in privileged villenage ; a tenant 
 by certain villein services. Bract, fol. 
 208 b; 209. Fleta, lib. 1, c. 8, § 3. 
 
 A freeman. Spelman, citing Lib. S. 
 Albani, tit. Houcton, c. 1. 
 
 SOCMANNUS, Solcmannus, Sofceman- 
 nus. L. Lat. A socman, or sokeman. 
 Spelman. Bract, fol. 77 b, 209. Fleta, 
 lib. 1, c. 8, § 3. Id. lib. 3, c. 16, § 3. Id. 
 lib. 6, c. 6, § 11. See Socman. 
 
 SOCNA. L. Lat. [Sax. socne.} In old 
 records. A privilege ; a liberty or fran- 
 chise. Cowell. 
 
 SOCRUS. Lat. In the civil law. A 
 husband's or wife's mother. Inst. 1. 10. 
 7. Big. 38. 10. 4. 6. See Id. 50. 16. 
 146. 
 
 SOCURER. L. Fr. To help, or aid ; 
 to relieve or succor. Britt. c. 42, 54, 77. 
 
 SOEFFRE. L. Fr. To sufi^er ; to per- 
 mit; to forbear. Kelham. 
 
 SO'EN, Sien, Syen. L. Fr. Own; one's 
 own ; his own ; his ; his people or agents. 
 Kelham. Be soen roiaume ; of his own 
 realm. Art. sup. Cart. En soen parle- 
 ment. Id. 
 
 SOER, Sdeur. L. Fi-. Sister; a sis- 
 ter. Britt. c. 89, 119. 
 
 SOIGNER. L. Fr. To excuse. Kelham. 
 
SOL 
 
 (474) 
 
 SOL 
 
 SOIL, Soile, Soyle, Soylle. L. Fr. and 
 Eng. [from Lat. solum.'\ In old English 
 law. Land ; ground ; earth. Dount ascun 
 soil acrest par petyt et par petyt ; whereby 
 any land forms by little and little, [by slow 
 accretions.] BriU. c. 33. Isle fait per 
 la meer en ascun soil. Id. ibid. Deux 
 soils; two lands. Id. c. 55. In auter 
 soile ; in another's land. Dyer, 36 b. 
 
 SOIT, Soiet. L. Fr. Be; is; it be; 
 be it ; let it be. Si don soit fait ; if a 
 gift be made. Britt. c. 36. Soient, soint ; 
 are ; they are ; let them be ; they should 
 be. Kelham. Britt. passim. 
 
 SOIT BAILE AUX COMMONS. L. 
 Fr. Let it be delivered to the commons. 
 The form of indorsement on a bill when 
 sent to the House of Commons. Dyer, 
 93 a. 
 
 SOIT BAILE AUX SEIGNEURS. L. 
 Fr. Let it be delivered to the lords. The 
 form of indorsement on a bill in parliament 
 when sent to the House of Lords. Soh. 
 Ill a. 
 
 SOK, Soke. Sax. and O. Eng. In old 
 English law. The lord's right of having 
 suit of tenants ; [lihertatem cur^ tenentium^ 
 ITeilw. 146. Bract, fol. 54, 124 b. Fleta, 
 lib. 1, c. 47, § 6. See Sac. 
 
 SOKA. L. Lat. In old English law. 
 Sok or soie, (q. v.) Fhta, lib. 1, c. 47, 
 § 6. An assembly of tenants. Id. lib. 1 , 
 c. 8, § 2. 
 
 SOKE. L. Fr. A plough. Vener ove 
 lour sokes ; to come with their ploughs. 
 Litt. sect. 119. 
 
 SOKEMANNES. L. Fr. In old Eng- 
 lish law. Socmen. Britt. fol. 164, 165, 
 212 b, 278 b. 
 
 SOKEREVE. [L. Lat. solcereva:\ In 
 old English law. An officer who collected 
 rents of tenants. Flela, lib. 2, c. 55, 
 § 2. 
 
 SOLAR. Span, [from Lat. solum, q. v.] 
 In Spanish law. Land ; the demesne, with 
 a house, situate in a strong or fortified 
 place. Whitens New Recop. b. 1, tit. 5, c. 
 3, § 2. De solar ; landed. Id. ibid. 
 
 SOLAE DAY. That period of time 
 which begins at sunrise and ends at sunset. 
 Co. Litt. 135 a. 
 
 SOLAR MONTH. A calendar month, 
 (q. V.) Co. Litt. 135 b. 
 
 SOLARIUM. Lat. [from sol, the sun.] 
 In the Roman law. A place in the upper 
 part of a house, exposed to the rays of the 
 sun ; an apartment for basking in the sun ; 
 a terrace or gallery where they walked to 
 
 sun themselves ; a solar. Calv.Lex. AdanCs 
 Rom. Ant. 575. 
 
 In old English records. An upper room, 
 chamber or garret; in soxne parts of Eng- 
 land called a sollar, or soller. Spelman. 
 Cowell. 
 
 SOLARIUM. Lat. [from solum, soil or 
 ground.] In the civil law. A rent paid 
 for the ground, where a person built on the 
 public land. Calv. Lex. A ground rent. 
 1 Mackeld. Civ. Law, 363, § 329. Spel- 
 man. Cod. 8, 10. 5. 
 
 The lower part of a house. Spelman. 
 
 SOLD NOTE. A note or memorandum 
 of sale, given by the broker effecting it 
 to the buyer. Story on Ag. § 28. 
 
 SOLDARIUS, Solidarius, Sollidarius, 
 Soldurius. L. Lat. [from Germ, eolii, simlb', 
 a stipend.] In old English law. A sol- 
 dier ; a mercenary. Spelman. LL. Hen. 
 1. c. 9. 
 
 Soldum, solidata. The pay or stipend 
 of a soldier. Spelman. 
 
 SOLE. L. Fr. and Eng. [from Lat. 
 solus, alone.] Single ; alone ; composed of 
 a single person. See Corporation sole, 
 Feme sole. 
 
 SOLEMN. [L. Lat. solemnis, solemp- 
 nis, solennis ; L. Fr. solempne.'\ Formal; 
 in regular form; with all the forms of a 
 proceeding. See infra. 
 
 SOLEMN WAR. [Lat. helium solenne, 
 OTJustum.'l In international law. A war 
 made in form. Orotius De Jure Belli, 
 lib. 1, c. 3, § 4. A war by public declara- 
 tion. Cowen, J. 1 Hill's R. 409. A war 
 solemnly declared by one state against an- 
 other. Molloy de Jure Mar. 6. 
 
 In modern times, the practice of a sol- 
 emn declaration made to the enemy has 
 fallen into disuse, and the nation contents 
 itself with making a public declaration of 
 war within its own territory, and to its 
 own people. 1 Rents Com. 53. 
 
 SOLEMNES LEGUM FORMULA. 
 Lat. In the civil law. Solemn forms of 
 laws ; forms of forensic proceedings and of 
 transacting legal acts. One of the sources 
 of the unwritten law of Rome. Butler's 
 Hor. Jur. 47. 
 
 SOLEMNITAS. Lat. [from solemnis, 
 solemn.] A solemnity ; a solemn form ; a 
 formal observance ; a proceeding accord- 
 ing to strict and regular form. Solemnitas 
 intervenire debet in mutatione liheri tene- 
 m.enti, ne contingat donationem deficere pro 
 defectu prohationis ; solemnity ought to be 
 observed on the change of [ownership of] 
 
SOL 
 
 (475) 
 
 SOL 
 
 a freehold, lest it happen that the gift fail 
 for want of proof. Uo. Litt. 48 a. 
 
 SOLEMNITAS ATTACHIAMENTO- 
 RUM. L. Lat. In old English practice. 
 Solemnity or formality of attachments. 
 The issuing of attachments in a certain 
 formal and regular order. Bract fol. 439, 
 440. 1 Beeves^ Hist. Eng. Law, 480. 
 Fleta, lib. 2, c. 65, § 5. 
 
 SOLEMPNE. L. Fr. Solemn. Britt. 
 c. 26. Solempne crie; solemn proclama- 
 tion. Id. c. 121, fol. 279. 
 
 SOLEMPNITE. L. Fr. In old Eng- 
 lish law. Solemnity; formality. Stat. 
 Mod. Lev. Fines. Solempnite de attache- 
 mentz. Britt. c. 36. Solempnite des espo- 
 sailles ; solemnization of marriage. Kel- 
 ham. 
 
 SOLICITOR. In practice. A person 
 authorized to appear and act for parties to 
 suits in chancery. The professional desig- 
 nation of persons admitted to practice in 
 courts of chancery or equity, correspond- 
 ing with attorney at common law.* 3 Bl. 
 Com. 26. 3 Steph. Com. 331—335. 
 
 SOLICITOK-GENERAL. In English 
 law. A law officer of the crown appointed 
 by patent during the royal pleasure, and 
 who has the care and concern of managing 
 the sovereign's affairs. Wharton's Lex. 
 
 SOLIDATA. L. Lat. [from solidus, a 
 shilling.] In old English law. A shilling 
 rent. Fleta, lib. 4, c. 5, § 6. Id. lib. 6, 
 c. 22, § 1. 
 
 SOLIDUM. Lat. In the civil law. A 
 whole ; an entire or undivided thing. See 
 In solidum. 
 
 SOLIDUS. L. Lat. In old English 
 law. A shilling. Co. Litt. 294 b. Meta, 
 lib. 2, cc. 9, 10, 11, 12. 
 
 SOLINUM. L. Lat. In old English 
 law. Two plough-lands, and somewhat 
 less than a half. Co. Litt. 5 a. Spelman 
 defines it a plough-land. 
 
 SOLONQUE, Solonc, Soloinc. L. Fr. 
 After ; according to. Kelham. Yearh. P. 
 1 Edw. IL 5: 
 
 SOLUM. Lat. In the civil law. The 
 soil; land; ground. Solo cedit quod solo 
 inSBdificatnr. That which is built upon 
 the soil belongs to the soil. The proprie- 
 1»r of the soil becomes also proprietor of 
 the building erected upon it. 1 Mackeld. 
 Civ. Law, 181, § 268. Omne quod inaedi- 
 ficatnr solo cedit. Big. 41. i. 7. lO. 
 
 Solo cedit quod solo implantatur. That 
 which is planted in the soil belongs to the 
 soil. The proprietor of the soil becomes 
 
 also the proprietor of the seed, the plant 
 and the tree, as soon as these have taken 
 root. \ Mack. Civ. Lav),\%\,%%'a%. 
 
 SOLUTIO. Lat. [from solvere, to pay.] 
 In the civil law, Payment. Tollitur om- 
 nis ohligatio solutione ejus quod dehetur ; 
 every obligation is dissolved by the pay- 
 ment of what is due. Inst. 3. 30, pr. See 
 Fleta, lib. 2, c. 60, § 25. 
 
 The satisfaction or discharge of an obli- 
 gation in any way; release from obliga- 
 tion. Dig. 50. 16. 176. Id. 46. 3. 54. 
 
 Solutio pretii emptionis loco liabetnr. The 
 payment of the price [of a thing] is held 
 to be in place of a purchase, [operates as a 
 purchase.] Jenk. Cent. 56, case 2. 2 Kent's 
 Com. 387. 
 
 SOLUTIO INDEBITL Lat. In the 
 civil law. Payment of what is not due ; 
 payment, by mistake, of money not due. 
 Inst. 3. 28. 6. 1 Karnes' F!quitg,-d03. 
 
 A contract by which he who, by mis- 
 take, had been paid what was not due to 
 him, was bound to make restitution to the 
 person who had paid him. Hallifax, Anal. 
 b. 2, c. 19, num. 7. 
 
 SOLUTUS. Lat. [from «ofoer«, to loose.] 
 In the civil law. Loosed ; • freed from con- 
 finement; set at liberty. Big. 50. 16. 48. 
 
 In Scotch practice. Purged. A term 
 used in old de*J)Ositions. See Purged of 
 partial counsel. 
 
 SOLVABILITY. Fr. In French law. 
 Ability to pay; solvency. Emerig. Tr. 
 des ^ss.'ch. 8, sect. 15. 
 
 SOLVENCY, [from Lat. solvere, to pay; 
 Fr. solvabilite.~\ Ability to pay; present 
 ability to pay ; ability to pay all that one 
 owes; ability to pay one's debts out of 
 one's own present means. See 4 Sill's 
 (N. Y.) a. 652. See Solvent, Insolvency. 
 
 SOLVENDO. Lat. Paying. An apt 
 word of reserving a rent in old convey- 
 ances. Co. Litt. 47 a. 
 
 SOLVENDO. Lat. In the civil law. 
 Solvent ; able to pay ; able to pay in full. 
 Solrendo esse nemo intelllgitui nisi qui soli- 
 dum potest solvere. No one is understood 
 [or considered] to be solvent, but him who 
 can pay the whole. Big. 50. 16. 114. 
 
 SOLVENDUS. Lat. In old English 
 law. To be paid. Fleta, lib. 2, c. 64, § 3. 
 
 SOLVENT. [Lat. solvens, paying, from 
 solvere, to pay.] Able to pay ; able to pay 
 in full ; able to pay all just debts ; able to 
 pay out of present means ; able to pay out 
 of one's own means; able to pay one's 
 debts in full out of one's own present 
 
SON" 
 
 (476) 
 
 SOE 
 
 means.* 4 HilVs (N. Y.) B. 452, Cow- 
 en, J. 
 
 That solvent implies a present ability to 
 pay, appears from the formation of the 
 word itself, from the present participle 
 {solvens) of the Latin solvere. It appears 
 still more strikingly in the form of the cor- 
 responding civil law term solvendo, which 
 literally signifies "m paying" or, as we 
 might say, " in paying condition," clearly 
 implying present capacity or power. Abil- 
 ity to pay in full, has also always been 
 considered an essential element of sol- 
 vency. This is shown in the civil law defi- 
 nition of the term solvendo, (q. v.) which 
 has been formally adopted in the Civil 
 Code of Louisiana. Art. 3522, n. 28. 
 
 SOLVEKE. Lat. In the civil law. To 
 pay. Nee interest guis solvat; nor does it 
 matter who pays. ItisI. 3. 80, pr. 
 
 To domply with one's engagement; to 
 do what one has undertaken to do. Sol- 
 vere dicimus eum qui fecit quod facere pro- 
 misit. Dig. 50. 16. 176. 
 
 To loosen or disengage ; to release one's 
 self from obligation, as by payment of a 
 debt. Calv. Lex. 
 
 SOLVIT. Lat. [from solvere, q. v.] He 
 paid ; paid. 10 East, 206. 
 
 SOLVIT AD DIEM. L. Lat. He paid 
 at the day. The technical name of the 
 plea, in an action of debt on bond, that 
 the defendant paid the money on the day 
 mentioned in the condition. 1 Arch. N. 
 Frius, 220, 221. 
 
 SOLVIT POST DIEM. L. Lat. He 
 paid after the day. The technical name 
 of the plea in an action of debt on bond, 
 that the defendant paid the money after 
 the day named for the payment, and be- 
 fore the commencement of the suit. 1 
 Arch. N. Pr. 222. 
 
 SOMOUNS. L. Fr. Summons ; a sum- 
 mons. Britt. c. 74. 
 
 SON. Fr. His. Declared, by the 
 Civil Code of Louisiana, to be applicar 
 ble to females as well as males. Art. 
 3522, num. 1. 
 
 SON ASSAULT DEMESNE. L. Fr. 
 His own assault. The name of the plea 
 to an action of trespass and assault, that it 
 was the plaintiff's own assault that occa- 
 sioned the injury, or that it was done by 
 the defendant in his own defence against 
 the plaintiff's first assault. 3 Bl. Com. 
 120, 121. Steph. PI. 163. 
 
 SONIUM, Sonius, Sunium, Sonnium, 
 Sunnium, Sunius, Somnus, Somnis. L. 
 
 Lat. In old European law. An excuse 
 for not appearing in court; an impedi- 
 ment ; an essoin. Spelman. 
 
 80NTICUS. Lat. [from O. Lat. son- 
 tire, to hurt or hinder.] In the civil law. 
 That which hurts, or hinders ; that which 
 tends to delay or put off; that which 
 authorizes or excuses delay. A term ap- 
 plied in the Twelve Tables, to a serious ill- 
 ness, [morbus sonticus,) by which a defend- 
 ant was prevented from appearing in court, 
 and was for that reason excused. Calv, 
 Lex. A. Oell. Noct. Att. xx. 1. 27. Hence 
 causa sontica ; a valid excuse for not ap- 
 pearing in court. AdanHs Rom. Ant. 246, 
 272. 
 
 There are reasons for supposing this 
 word to be the origin of essoin, (q. v.) 
 though the latter word is usually very dif- 
 ferently derived. 
 
 SORNER. In Scotch law. A person 
 who takes meat and drink from others by 
 force or menaces, without paying for it. 
 Bell's Diet. 
 
 SOROR. Lat. In the civil law. Sister; 
 a sister. Inst. 3. 6. 1. Derived by the 
 jurist Antistius Labeo, from seorsum, apart, 
 because she is born as it were apart, and is 
 separated from the house in which she was 
 born, and passes into another family, (soror 
 appellata est, quod quasi seorsum nascitur, 
 separaturque ab ea domo in qua nata est, et 
 in aliam familiam transgreditur.) This is 
 pronounced by Gellius an ingenious and 
 subtile etymon. Woct. Att. xiii. 10. 
 
 SORS. Lat. In the civil law. A lot ; 
 chance; hazard; fortune. Calv. Lex. 
 
 The capital stock of a partnership, [pri- 
 ma pecunia quae confertur in societatem, ut 
 inde lucrum fiat.) Id. Grotius de Jur, 
 Bell. lib. 2, c. 12, § 24, num. 2. 
 
 A principal sum of money, as distin- 
 guished from interest. Id. Used in this 
 sense in old English records. Super tre- 
 centas marcas de sorte, et centum marcas de 
 interesse ; for three hundred marks of prin- 
 cipal, and a hundred mark's of interest. 
 (fowell. See Interesse. Et si debitum 
 Judmi in manum regis devenerit, non capiet 
 rex nisi sortem, hoc est, catallum in charta 
 contentum ; and if the debt of a Jew falls 
 into the hands of the king, the king shall 
 claim nothing but the principal, that is, 
 the chattel contained in the deed. Fleta, 
 lib. 2 c. 57, § 8. 
 
 A thing recovered in an action, as dis- 
 tinguished from the costs of the action. 
 Clerke's Prax. Cur. Adm. tit. 11. 
 
SOY 
 
 (m) 
 
 SPE 
 
 SORTITIO. Lat. [from sorim, to cast 
 or draw lots.] In the civil law. A cast- 
 ing or drawing of lots ; a determination or 
 choice by lot. Sortitio judicum ; a draw- 
 ing of judges, [judices,) on criminal trials, 
 resembling the modem practice of draw- 
 ing a jury.* Hallifax, Anal. b. 3, c. 13, 
 num. 20. 3 Bl. Com. 366. 
 
 SOT. L. Fr. A fool. Britt. c. 36. 
 Probably a corruption of fol, which, in 
 print, resembles it. 
 
 SOUB, ^om6«. L.Fr. Fnder. Kelham. 
 
 SOUL-SCOT. [Sax. saulsceat, from saul, 
 soul, and sceat, a payment.] In Saxon law. 
 A mortuary ; a bequest of a thing to the 
 church, as a kind of spiritual expiation 
 and amends for the delinquencies of the 
 giver. See Mortuary. 2 Bl. Com. 425. 
 
 SOULZE, Souz, Souce. L. Fr. A 
 shilling. Kelham. 
 
 SOUN. L. Fr. His. Tearh. P. 1 
 Edw. II. 6. 
 
 To SOUND. To have an essential 
 quality. An action is technically said to 
 sound in damages, where it is brought not 
 for the specific recovery of a thing, but for 
 damages only. See Steph. PL 105. 
 
 SOURD. L. Fr. [from Lat. surdus:\ 
 Deaf. Britt. c. 34. 
 
 SOUENOUN. L. Fr. A surname. 
 Fet Assaver, § 33. 
 
 SOUTH. L. Fr. Under. Zitt. sect. 
 139. South boys ; underwood. Kdham. 
 South viscount; under sheriff. Stat. 
 Westm. 1, c. 15. Southscripts ; under- 
 written. Id. South dean; sub dean. 
 Tearh. M. 9 Edw. IIL 33. 
 
 SOYENT. L. Fr. Often. Trop so- 
 vent ; too often. Artie, sup. Chart, c. 13. 
 
 SOVERTIE. Sc. In old Scotch law. 
 Surety. Skene de Verb. Signif. 
 
 SOWMING AND ROWMING. In 
 Scotch law. Terms used to express the 
 form by which the number of cattle brought 
 upon a common by those having a servitude 
 of pasturage may be justly proportioned to 
 the rights of the different persons possessed 
 of the servitude. Bell's Diet. 
 
 To SOWNE. In old English law. To 
 be leviable. An old Exchequer term ap- 
 plied to sheriff's returns. " Estreats that 
 sowne not," were such as the sheriff could 
 not collect. 4 Inst. 107. Cowell. Spel- 
 man. Cowell supposes it to be a corrup- 
 tion of the Fr. souvenu, remembered. 
 
 SOY, Soi. L. Fr. His; himself. Soy 
 defendaunt ; defending himself; in self 
 defence. Britt. c. 23. 
 
 80YT, Soyie. So, In old Scotch law. 
 Suit ; suit to court. Si:ene de Verb. Sign. 
 voc. SoJc. 
 
 Soytor ; suitor. Id. ibid. 
 
 SPARSIM. Lat. [from spargere, to 
 scatter.] Scattered about ; here and there. 
 2 Bl. Com. 283. 
 
 SPEAK TO. In practice. To argue. 
 "The case was ordered to be spoke to 
 again." 10 Mod. 107. 2 Wash. (Va.) R. 
 [266,] 339. 
 
 SPECIAL AGENT. An agent who 
 is appointed or constituted for a special 
 purpose. 2 Kent's Com. 620. Such an 
 agent has no discretion, but his authority 
 must be strictly pursued. Id. ibid, and 
 note. 
 
 SPECIAL BAIL. In practice. Bail 
 to the action, given by a defendant as a 
 security to abide the event of it. See Bail 
 to the action. 
 
 SPECIAL BASTARD. In English law. 
 One born before marriage of parents who 
 intermarry afterwards. Blachst. Mag. Cart. 
 Intr. Ixxxi. Special bastardy Id. Ixxxv. 
 
 SPECLA.L CASE. See Case. 
 
 SPECIAL DAMAGES. In practice. 
 Damages not necessarily resulting from an 
 injury complained of; damages which re- 
 quire to be specially stated, and will not 
 be implied by law.* Where the damages, 
 though the natural consequence of the act 
 complained of, are not the necessary result 
 of it, they are termed special damages, 
 which the law does not imply ; and there- 
 fore, in order to prevent a surprise upon 
 the defendant, they must be particularly 
 specified in the declaration, or the plaintiff 
 will not be permitted to give evidence of 
 them at the trial. 2 Oreenl. Evid. § 254. 
 
 SPECIAL DEMURRER. In pleading. 
 A demurrer to ?. pleading on the ground of 
 some defect of form, which is specially set 
 forth. See Steph. PI. 140, 141. Mansel 
 on Demurrer, 2, 97. 
 
 _ SPECIAL INJUNCTION. In prac- 
 tice. An injunction by which parties are 
 restrained from committing waste, damao-e 
 or injury to property. 4 Steph. Com. 12, 
 note («.) 
 
 SPECIAL ISSUE. In pleading. An 
 issue produced upon a special plea. Steph. 
 PI. 162. So called, as being usually more 
 specific and particular than the general 
 issues. Id. ibid. 
 
 SPECIAL JURY. In practice. A jury 
 ordered by the court, on the motion of 
 either party, in cases of unusual importance 
 
SPE 
 
 (478) 
 
 SPE 
 
 or intricacy. Called, from the manner in 
 ■which it is constituted, a struck jury. 3 
 £1. Com. 357. 3 Sieph. Com. 691. 1 
 Tidd's Fr. 787—793. See Struck jury. 
 
 SPECIAL OCCUPANT. A person 
 having a special right to enter upon and 
 occupy lands granted pur auter vie, on the 
 death of the tenant, and during the life of 
 cestui que vie. Where the grant is to a 
 man and his heirs during the life of cestui 
 que vie, the heir succeeds as special occu- 
 pant, having a special exclusive right by 
 the terms of the original grant. 2 Bl. 
 Com. 259. 1 Steph. Com. 416. This 
 doctrine of special occupancy has been 
 adopted in some of the United States, but 
 is not recognized in others. See 4 Kents 
 Com. 27. Where a wife is tenant pur 
 auter vie, and dies during the life of cestuy 
 que vie, the husband becomes the special 
 occupant. 2 Id. 134. 
 
 SPECIAL PLEA. A special kind of 
 plea in bar, distinguished by this name 
 from the general issue, and consisting 
 usually of some new afBrmative matter, 
 though it may also be in the form of a 
 traverse or denial. See Steph. PI. 52, 
 162. 
 
 SPECIAL PLEADER. In English 
 practice. A person whose professional 
 occupation is to give verbal or written 
 opinions upon statements made verbally or 
 in writing, and to draw pleadings, civil or 
 criminal, and such practical proceedings as 
 may be out of the usual course. 2 Chitt. 
 Gen. Pr. 42. 
 
 SPECIAL PLEADING. The popular 
 denomination of the science of pleading, so 
 called, as Mr. Stephen 'seems to suppose, 
 from the special pleas which occupy a pro- 
 minent place in it. See Steph. PI. 162, 
 note. Perhaps the term special may have 
 been used to distinguish it from pleading, 
 which, in the popular sense, imports oral 
 argument at the bar. 
 
 SPECIAL PARTNER. A partner 
 with a limited or restricted responsibility ; 
 a limited partner.* 3 Kent'' s Com. Si. A 
 member of a limited partnership, who fur- 
 nishes certain funds to the common stock, 
 and whose liability extends no farther than 
 the fund furnished. Id. 35. 
 
 SPECIAL PARTNERSHIP. A part^ 
 nership limited to a particular branch of 
 business, or to one particular subject.* 3 
 Kents Com. 30. Story on Partn. § 75. 
 
 SPECIAL PROPERTY. A property 
 of a special, qualified or temporary kind, 
 
 arising from the peculiar circumstances 
 under which it is acquired ; such as the 
 property of the finder of a thing lost, until 
 the right owner is discovered, and the pro- 
 perty of a sheriff in goods taken in execu- 
 tion, between the time of seizure and actual 
 sale. 2 Steph. Com. 73, 74. 
 
 SPECIAL RULE. In practice. A 
 rule granted upon the actual motion of 
 counsel in court ; as distinguished from a 
 common rule, or rule of course. 1 Tidd's 
 Pr. 485. 
 
 SPECIAL SERVICE. In Scotch law. 
 That form of service by which the heir is 
 served to the ancestor who was feudally 
 vested in the lands. Bellas Diet. See 
 Service. 
 
 SPECIAL TRAYERSE. In pleading. 
 A peculiar form of traverse or denial, the 
 design of which, as distinguished from a 
 common traverse, is to explain or qua,lify 
 the denial, instead of putting it in the direct 
 and absolute form. It consists of an aflSrma- 
 tive and a negative part ; the first setting 
 forth the new afiirmative matter tending to 
 explain or qualify the denial, and techni- 
 cally called the inducement ; and the latter 
 constituting the direct denial itself, and 
 technically called the absque hoc. Steph. 
 PI. 169—180. 
 
 SPECIAL VERDICT. In practice. A 
 special finding of the facts of a case by a 
 jury, leaving to the court the application of 
 the law to the facts thus found. 1 Arch. 
 Pr. 213. 3 Bl. Com. 377. 2 Tidd's Pr. 
 897. It must state the facts as proved, 
 and not the evidence given to prove the 
 facts. 5 HilVs (N. Y.) B. 634. 4 Id. 
 171. 
 
 SPECIALIS. L. Lat. In old practice. 
 Special. Hxceptio specialis ; a special ex- 
 ception or plea. Fleta, lib. 2, c. 60, § 36. 
 
 SPECIALTY. A contract or obligation 
 under seal. Chitty on Contr. 3. A con- 
 tract by deed ; an instrument in writing, 
 sealed and delivered. See Deed. 
 
 SPECIALTY DEBT. A debt due, or 
 acknowledged to be due by deed, or in- 
 strument under seal. 2 Bl. Com. 465. 
 
 SPECIES. Lat. In the civil law. Form; 
 figure ; fashion or shape. A form or shape 
 given to materials. Cum ex aliena materia 
 species aliqua facta sit ah aliquo, quoeri 
 solet quis eorum naturali rations dominus 
 sit ; where any form has been made by 
 any one out of another's material, it is often 
 asked which of them ought, in natural 
 reason, to be deemed the owner. Inst. 2. 
 
SPE 
 
 (4T9) 
 
 8P0 
 
 1. 25. 1 Mackeld. Civ. Law, 211, § 265. 
 See Specificatio. 
 
 A thing made, formed or shaped out of 
 any substance or material, (materia.) Fleta, 
 lib. 3, c. 2, § 14. 
 
 SPECIES. Lat. A particular thing; 
 as distinguished from genus, (q. v.) 
 
 SPECIES FACTI. Lat. In Scotch 
 law. The particular criminal act charged 
 against a person. "The species faeti 
 amounted to robbery." 2 BrowrCs JS. 
 446. 
 
 SPECIFIC. Having a certain form or 
 designation; observing a certain form ; par- 
 ticular ; precise. 
 
 _ SPECIFIC LEGACY. A legacy or 
 gift, by will, of a particular specified thing, 
 as of a horse, a piece of furniture, a term 
 of years and the like. Ward on Legacies, 
 16. 
 
 In a strict sense, a legacy of a particular 
 chattel, which is specified and distinguished 
 from all other chattels of the testator of 
 the same kind ; as of a horse of a certain 
 color. See Id. 1 1. 
 
 A legacy of a quantity of chattels de- 
 scribed collectively, as a gift of all the tes- 
 tator's pictures. Id. 18. 
 
 SPECIFIC PERFORMANCE. Per- 
 formance of a contract in the precise form, 
 or according to the precise terms agreed 
 upon ; strict performance. This is fre- 
 quently compelled by a bill in equity filed 
 for the purpose. See 2 Store's JEq. PL 
 § T12, e< seq. 
 
 SPECIFICATIO. Lat. [from species, 
 form, and facere, to make'.J In the civil 
 law. Literally, a making of form ; a giving 
 of form to materials. That mode of ac- 
 quiring property through which a person, 
 by transforming a thing belonging to an- 
 other, especially by working up his ma- 
 terials into a new species, becomes proprie- 
 tor of the same. 1 Mackeld. Civ. Law, 
 211, § 265. Heinecc. Mem. Jur. Civ. lib. 2, 
 tit. 1, § 368. The making of wine, oil or 
 flour, out of the grapes, olives or wheat of 
 another, were common instances of specifi- 
 catio. Inst. 2. 1. 25. Fleta, lib. 3, c. 2, 
 §14. 
 
 SPECIFICATION. In patent law. A 
 particular description. A written descrip- 
 tion of an invention or discovery, and of 
 the manner and process of making, con- 
 structing, using and compounding it ; ex- 
 pressed in full, clear and exact terms, so as 
 to enable any person skilled in the art or 
 science to which it appertains, to make, 
 
 construct, compound and use it.* See 2 
 Rents Com. 366. 
 
 SPECIOSUS. Lat. In the civil law, 
 Distinguished. Big. 50. 16. 100. 
 
 SPECULUM. Lat. [Germ, gpiegtl.] 
 Mirror or looking-glass. The title of several 
 of the most ancient law books or compila- 
 tions. One of the ancient Icelandic books 
 is styled Speculum Regale. In the pre- 
 face to this work, four others, bearing the 
 same title of Speculum, are referred to. 
 There is also a collection of the ancient 
 laws of Pomerania and Prussia, under the 
 same title. Barring t. Obs. Stat. 1,2, note 
 [6.] See Mirror. 
 
 SPECUS. Lat. In the civil law. A 
 subterranean passage for water. A word 
 not very satisfactorily defined in the Digests 
 as locus ex quo despicitur. Dig. 43. 21.1.3. 
 
 SPERVARIUS, Sparvarius, Sparve- 
 rius. L. Lat. In old English law. A 
 sparrow-hawk, or spar-hawk. Mem. in Scacc. 
 22 Edw. L Fleta, Ub. 2, c. 41, § 1. Spel- 
 man, voc. Sparverius. 
 
 SPES ACCRESCENDL Lat. Hope of 
 surviving. 3 Atk. 162. 2 Kenfs Com. 424. 
 
 SPES RECUPERANDL Lat. Hope 
 of recovering (a prize or captured vessel.) 
 1 Eenfs Com. 101. 
 
 SP'IALIS. A contraction of specialis. 
 1 Inst. Cler. 13. 
 
 SPINSTER. The addition given to un- 
 married women, in legal proceedings, and 
 in conveyancing. The term " single wo- 
 man" is now generally used in its place. 
 Spinster is said in Dyer to be an indiffer- 
 ent addition to a man as well as a woman. 
 Dyer, 47. 
 
 SPIRITUAL COURTS. In English law. 
 The ecclesiastical -courts, or courts chris- 
 tian. See 3 Bl. Com. "61. 
 
 SPITTAL. An old form of hospital. 
 1 P. Wms. 426. 
 
 SPOLIATIO. Lat. [from spoliare, to 
 despoil.] In old English law. Forcible 
 deprivation of possession ; disseisin. Fleta, 
 lib. 4, c. 2. 
 
 SPOLIATION. [Lat. spoliatio, from 
 spoliare, to despoil or rob.] In English 
 ecclesiastical law. An injury done by one 
 clerk or incumbent to another, in taking 
 the fruits of his benefice without any 
 right to them, but under a pretended ti- 
 tle. 3 Bl. Com. 90, 91. 
 
 A violent deprivation of possession. 4 
 Beeves^ Hist. Eng. Law, 18. 
 
 In the law of evidence. Destruction of 
 a thing by the act of a stranger ; the era- 
 
SPO 
 
 (480) 
 
 SPO 
 
 sure, alteration, mutilation or defacement of 
 a writing by the act of a stranger. See 1 
 Greenl. Evid. § 566. 
 
 SPOLIATOR. Lat. [from spoUare, to 
 despoil.] In old English law. A de- 
 spoiler; a disseisor. Fleta, lib. 4, c. 2, 
 §§ 19, 20, 22. 
 
 A destroyer (of a deed.) See In odium 
 spoliatoris. 
 
 Spoliatus debet ante omnia restitui. A 
 party despoiled [forcibly deprived of pos- 
 session] ought first of all to be restored. 2 
 Jnst. Hi. 4 Seeves^ Hist. 18. 
 
 SPOLIUM. Lat. In the civil and 
 common law. A thing violently or unlaw- 
 fully taken from another. 1 Mackeld. Civ. 
 Law, (by Kaufmann,) 261, note. 
 
 SPONDEO. Lat. In the civil law. I 
 undertake; I engage. Inst. 3. 16. 1. Id. 
 3. l'?,pr. 
 
 SPONDERE. Lat. In the civil law. 
 To engage ; to undertake ; to stipulate, or 
 stipulate for. 
 
 Spondet peritiam artis. He promises the 
 
 skill of his art ; he engages to do the work 
 in a skilful or workmanlike manner. 2 
 Kents Com. 688. Applied to the engage- 
 ments of workmen for hire. Id. ibid. 
 Story on Bailm. § 428. 
 
 SPONDES? SPONDEO. Lat. Do 
 you undertake? I do undertake. The 
 most common form of verbal stipulation 
 in the Roman law. Inst. 3. 16. 1. 
 
 SPONSALIA. Lat. [from spondere, 
 to engage.] In the civil and canon law. 
 Spousals, or espousals; betrothment; affi- 
 ance. A mutual contract of future mar- 
 riage. Galv. Lex. LigJ 23. 1. Shelf. 
 Marr. <& Div. 28. Sponsalia stmt mutua 
 repromissio futurarum nuptiarum, rite in- 
 ter eos quibus jure licet, facta ; spousals 
 are a mutual promise of future marriage ; 
 duly made between those persons to whom 
 it is allowed by law. Swinburne on Spou- 
 sals, 8. The passage in the Digests from 
 which this seems to be taken, reads — spon- 
 salia sunt mentio et repromissio nuptiarum 
 futurarum; spousals are the mention and 
 promise of future nuptials. Big. 23. 1. 1. 
 
 Sporisalia de futuro ; a mutual promise 
 of marriage to be had afterwards. As 
 when a man said to a woman, " I will take 
 thee to my wife," and she answered, " I 
 will take thee to my husband." Swinb. on 
 Spousals, 8. 
 
 Sponsalia de prcesenti ; a mutual pro- 
 mise of present matrimony. As when the 
 man said to the woman, " I do take thee 
 
 to my wife," who then answered, " I do 
 take thee to my husband." Id. ibid. Shelf. 
 Marr. & Biv. 26, 27. See HubbacHs 
 JSvid. of Succession, 298. 
 
 SPONSALIA. Lat. In the common 
 law. Spousals ; actual mariiage. Co. Litt. 
 34 a. Ilargrave's note, 210. See Fleta, 
 lib. 3, c. 11. Id. lib. 6, c. 39. 
 
 SPONSIO. Lat. [from spondere, to 
 engage.] In the civil law. An engage- 
 ment or undertaking ; particularly such as 
 was made in the form of an answer to a 
 formal interrogatory by the other party. 
 Calv. Lex. Dig. 60. 16. 7. See Spondes. 
 
 An engagement to pay a certain sum of 
 money to the successful party in a cause. 
 Calv. Lex. 
 
 SPONSIO LUDIGRA. Lat. In Scotch 
 law. A trifling or ludicrous engagement, 
 such as a court will not sustain an action 
 for. 1 ITame's Equity, Introd. 34. 
 
 In the civil law, this term seems to have 
 signified an informal undertaking, or one 
 made without the usual formula of interro- 
 gation. Calv. Lex. citing Budmus. 
 
 SPONSIONS. [Lat. sponsiones, from 
 spondere, to engage.] In international law. 
 Engagements made on behalf of states by 
 agents not specially authorized, or exceed- 
 ing the limits of the authority under which 
 they purport to be made ; and which, to 
 be valid, must be confirmed by express or 
 tacit ratification. Such as the official acts 
 of admirals and generals suspending or 
 limiting hostilities, capitulations of surren- 
 der, cartels of exchange, &c. See Grotius 
 de Jure Belli, lib. 2, c. 15, § 16. Id. lib. 
 3, c. 22, §§ 1 — 3. Wheaton^s Internat. 
 Law, part 3, ch. 2, §§ 3, 4. 
 
 BFONTE Tiram muUer fu^ens et adultera facta 
 Dote sua careat, nisi sponsi sponte retracta. 
 
 A woman voluntarily leaving her hus- 
 band and becoming an adulteress shall for- 
 feit her dower, unless taken back by the 
 free act of the husband. Co. Litt. 32 b. 
 An old rhyming Latin couplet, framed to 
 express the principle that a wife's dower is 
 forfeited by her adulterous elopement. See 
 2 Kents Com. 52, et seq. 
 
 SPORTULA. Lat. In the Roman law. 
 A largess, dole, or present ; a pecuniary 
 donation ; an official perquisite ; something 
 over and above the ordinary fee allowed 
 by law. Inst. 4. 6. 24. See Brissonius. 
 
 Costs of suits. Nov. 82, c. 7. 
 
 SPOUSALS. [Lat. sponsalia.'\ In old 
 English law. Mutual promises to marry. 
 See Sponsalia. 
 
STA 
 
 (481) 
 
 STA 
 
 SPOUSE-BREACH. In old English 
 law. Adultery. Cowell. 
 
 SPKEN. 0. Eng. In old records. Bro- 
 ken wood or wind-fall. Cowell. 
 
 SPRING-BRANCH. In American land 
 law. A branch of a stream, flowing from 
 a spring. 12 GrattarCs B. 196. 
 
 SPRINGING USE. A use limited to 
 arise on a future event, where no preceding 
 estate is limited, and which does not take 
 effect in derogation of any preceding inter- 
 est. If a grant be to A. in fee, to the use 
 of B. in fee, after the first day of January 
 next, this is an instance of a springing use, 
 and no use arises until the limited period. 
 The use, in the mean time, results to the 
 grantor, who has a determinable fee. 4 
 Kent's Com. 297, 298. See 1 Steph. Com. 
 502. 2 CrabVs Real Prop. 498, § 1689. 
 
 8PUILZIE, Spulzie. In Scotch law. 
 The taking away of one's movables, with- 
 out order of law, or consent of the owner. 
 1 Forbes' Inst, part 2, p. 200. Bell's 
 Diet. 
 
 SPURIUS. Lat. In the civil law. A 
 bastard ; the offspring of promiscuous co- 
 habitation, otherwise called vulffo qucesi- 
 tus, or conceptus ; (Gr. riirii™?.) Inst. 1.10. 
 12. 
 
 One born of an unlawful intercourse, 
 (ex nuptiis injustis, or ex damnato coitu.) 
 Id. Bract, fol. 63. 
 
 " SQUARE," construed. Anstr. 44. 
 
 SQUATTER. In American law. One 
 who settles on another's land, usually on 
 new or wild land, without a title. 
 
 One who settles on public land without 
 title or authority. See 1 Hilliard's Real 
 Prop. 89, [53.] 
 
 SS. An abbreviation used in that part 
 of a record, pleading, or affidavit, called 
 the statement of the venue, or county in 
 which it is made : as " City and county of 
 New-York, ss." or more briefly in the Eng- 
 lish forms, " London, ss." Commonly 
 translated or read, " to wit," and supposed 
 to be a contraction of " scilicet'' (q. v.) It 
 has been otherwise explained to be a mark 
 used to denote a separate section or para- 
 graph in the record. 1 Chitt. PI. 305, 
 note (t.) 6th Am. ed. And this opinion 
 is countenanced by the more ancient form 
 of the contraction fl", or Jf, the latter closely 
 approximating the modern section mark §. 
 Bracton, indeed, expressly uses fl", to de- 
 note the sections of the civil law. Bract. 
 fol. 114, 
 
 Stabit prsBsumptio donee probetur in con- 
 Vol. II. 31 
 
 trarium, A presumption shall stand, until 
 proof be made to the contrary. Win- 
 gate's Max. 712. Eoh. 297. Broom's 
 Max. 429, [731.] 
 
 Another form of this maxim is, Stabltur 
 
 prajsnmptloni donee probetur in contrarinm. 
 
 A presumption will be stood by, or upheld 
 until proof be made to the contrary. This 
 is the form in which it is quoted by Brac- 
 ton, Coke and Blackstone. Bract, fol. 6. 
 Co. Lift. 373 b. 3 Bl. Com. 371. Still 
 another form is Standnm erit prasnmptioni, 
 donee, &c. Bract, fol. 19 b. See Fleta, 
 lib. 3, c. 9, § 18. 
 
 STABLE-STAND. [L. Lat. in stabili 
 statione.'] In forest law. One of the four 
 evidences or presumptions whereby a man 
 was convicted of an intent to steal the 
 king's deer in the forest. This was when 
 a man was found at his standing in the 
 forest with a cross-bow or long-bow bent, 
 ready to shoot at any deer, or else stand- 
 ing close by a tree with grey-hounds in a 
 leash, ready to slip. Cowell. Manwood. 
 
 STABULARII. Lat. [plur. of stabula- 
 rius, q. v.] In the civil law. Stable-keep- 
 ers; hostlers; (qni stabulum exercent.\ 
 Dig. 4. 9. 1. 5. Story on Bailm. § 464, 
 
 STABULARIUS, Lat, [from stabulum, 
 a stable,] In the civil law, A stable- 
 keeper. Dig. 4. 9. 4. 1. Id. 4. 9. 5. 
 
 STACHIA. L. Lat. In old records. 
 A dam or head made to stop, a water- 
 course. Cowell. 
 
 STAFF. An abbreviation of Stafford- 
 shire, 1 Instr. Cler. 28, 
 
 STAGNUM, Lat, In. the civil law, 
 A pool. Defined by Ulpian, in the Di- 
 gests, as that which contains water resting 
 in it for a time, which water is collected 
 for the most part in; winter ; (quod tempo- 
 ralem contineat aquam ibidem stagnantem, 
 quce quidem aqmt plerumque hiem^ cogi- 
 tur.) Dig. 43. 14, 1. 4. 
 
 STAGNUM. Lat. In old English law. 
 A pool, or pond, Co. Litt. 5 a. This 
 word included both the soil and the water. 
 Vaugh. 108, 
 
 STALLAGE, [from Sax. stal, a station,;, 
 L. Lat. stallagium.'] In English law. The^ 
 liberty or right of pitching or erecting 
 stalls in fairs or markets. Cowell. Spelman. 
 
 A duty paid for the liberty of havings 
 stalls in a fair or market, or of removing 
 them from one place to another. Id. 1 
 Crabb's Real Prop. 533, 8 686. Q Ad <& 
 Ell. N. S. 31. 
 
 STALLANGIATORES. L. Lat. [from 
 
STA 
 
 (482) 
 
 STA 
 
 stallum, a stall.] In old Scotch law. Foreign 
 merchants, (Sc. " creamers or forraine mer- 
 chandes,") who, in the time of fair or mar- 
 ket, pay certain duty for their stall or stand, 
 in which they sell their merchandize. Skene 
 de Verb. Signif. 
 
 8TALLARIU8. L. Lat. [from Sax. 
 sial, a stall.] In Saxon law. A heretoch, 
 or chief military leader. Supposed hy 
 Spelman to he of similar origin and import 
 with the continental term constahularius. 
 See Constable of England.. 
 
 STAMP. In English law. An impres- 
 sion made upon paper or parchment, upon 
 which many legal proceedings and private 
 instruments are written, and for which a 
 certain duty is required to he paid to the 
 crown. See Smith on Contracts, 191, 
 note (6.) 
 
 STAMP ACTS. In English law. Acts 
 regulating the stamps upon deeds, con- 
 tracts, agreements, papers in law proceed- 
 ings, hills and notes, letters, receipts and 
 other papers. The General Stamp Act 
 now in force is the 65 Geo. III. c. 184. 
 See Smith on Contracts, 191, note (b,) for 
 a view of the present stamp law. 
 
 STAMP DUTIES. In English law. 
 Duties imposed upon and raised from 
 stamps upon parchment and paper; and 
 forming a branch of the perpetual revenue 
 of the kingdom. 1 Bl. Com. 323. 
 
 STANCE. In Scotch law. A resting 
 place ; a field or place adjoining a drove- 
 road, for resting and refreshing sheep and 
 cattle on their journey. T BelVs Appeal 
 Cases, 53, 57, 68. 
 
 To STAND. [Lat. stare; L. Fr. estre.^ 
 To abide ; to submit to ; to meet a thing, 
 instead of escaping from it " To stand a 
 trial," " to stand to the order of a court," 
 are phrases still in use. In Scotch law, the 
 same idea is expressed by the opposite fig- 
 ure of " underlie." To " underlie the law " 
 in a certain court, is to abide hy its sen- 
 tence. 2 Alis. Cr. Pr. 337. 
 
 To have force or strength ; to have 
 strength in itself. An act is said "to 
 stand good " against a party. To be good 
 or effectual in law. " That all the words 
 may stand is the first and true course." 
 Bacon's Arg. Case of Eevocation of Uses ; 
 Worhs, iv. 266. 
 
 To remain as a thing is ; to remain in 
 force. Pleadings demurred to and held 
 good, are allowed to stand. " The prohi- 
 bition must stand." 11 Mod. 286. 
 
 To appear in court. A party is said to 
 
 have a capacity of standing in judgment, 
 (standi injudicio,) that is, of appearing in 
 court and litigating there. 1 Peters^ B. 
 578. 
 
 The radical ideas of this figurative term 
 are those corresponding with its literal 
 meaning, viz. : fixedness of position, inhe- 
 rent firmness or strength, capacity of 
 maintaining an upright position. But 
 these appear more clearly in the applica- 
 tion of the Latin equivalent stare, (q. v.) 
 See Rectus in curia. 
 
 STANDARD OF WEIGHT or MEA- 
 SURE. A weight or measure fixed and 
 prescribed by law, to which all other 
 weights and measures are required to cor- 
 respond. See 1 Bl. Com. 274—276. 
 
 STANNARY COURTS. In English 
 law. Courts held for the stannaries, or tin 
 mines (from Lat. stannum, tin,) in Devon- 
 shire and Cornwall, for the administration 
 of justice among the tinners therein. 3 
 Bl. Com. 80. 3 Steph. Com. 448. 
 
 STAPLE. [L. Lat. stapula, q. v.] In 
 English law. A mart or market. A place 
 where the buying and selling of wool, 
 lead, leather and other articles, were put 
 under certain terms. 2 Beeves' Hist. Eng. 
 Law, 393. 
 
 STAPULA. L. Lat. [from Germ, gte- 
 gel or staffel, a step or heap.] In Euro- 
 pean law. Staple ; market. Loccen. de Jur. 
 Mar. lib. 1, c. 10. 
 
 STAR, Starr. [L. Lat. starrum.l In 
 old English law. A contraction of the 
 Hebrew shetar, ("I'^'iC,) signifying a deed 
 or contract ; or rather, a misapprehension 
 of the Jewish pronunciation (shtar or 
 shtor) of the word. All the deeds, obli- 
 gations and releases of the Jews in Eng- 
 land, were anciently called stars, (siarra,) 
 and were written for the most part in 
 Hebrew alone, or in Hebrew and Latin, 
 the Hebrew beiiag on the one side or top 
 of the parchment, and the Latin on, the 
 other side, or bottom, after the Hebrew. 
 Blount. Cowell. MoUoy de Jur. Mar. 
 466. In the second edition of Blount, 
 A. D. 1691, it is said that one of these 
 stars yet remains in the treasury of the 
 exchequer, written without points in King 
 John's reign, the substance of which is 
 thus expressed in Latin just under it, like 
 an English condition under a Latin obliga- 
 tion. Istud siSiX fecit Hagius filius Magri 
 de London, Domino Adce de Stratona, de 
 acquietancia de Stanmore, de omnibus debi- 
 tis in quibus Dominus S, de Cheyndut ei 
 
STA 
 
 (483) 
 
 STA 
 
 tenebalur. Ita quod idem Judseus nee hoe- 
 redes sui nihil exigere possint de prcedicto 
 Ade, nee de hmredihus suis, ratione terrce 
 de Stanmore de prcedictis debitis. Which 
 may be translated thus : " This star made 
 [was made by] Hagius the son of Mager, 
 of London, to the Lord Adam de Stratton 
 for an acquittance of Stanmore, of all the 
 debts in which ther Lord S. de Cheyndut 
 ■was bound to him. So that neither the 
 said Jew nor his heirs can demand any 
 thing of the said Adam or his heirs, on 
 account of the land of Stanmore for the 
 aforesaid debts." Reference is made both 
 by Cowell and Blount, to the Plea Rolls, 
 Pasch. 9 Edw. L Rot. 4, 5, 6, where many 
 stars, as well of grant and release, as obliga- 
 tory and by way of mortgage, are plead- 
 ed and recited at large. In Selden's Titles 
 of Honour, (p. 798, et seg.) there is a copy 
 of a Hebrew shetar, taken from the records 
 of the exchequer. By an ordinance of 
 Richard I. preserved by Hoveden, these 
 Jewish Starrs were commanded to be en- 
 rolled and deposited in chests under three 
 keys, in certain places ; one, and the most 
 considerable of which, was in the king's 
 exchequer at Westminster. 4 £1. Com. 
 266, note. See Area chirographica Judceo- 
 rum. 
 
 STAR-CHAMBER. [L. Lat. camera 
 stellata; L. Fr. chaumbre des esteilles.^ 
 The name of a celebrated court in Eng- 
 land, abolished in the reign of Charles L 
 See Court of Star- Chamber. 
 
 *^* This court is said to have been so 
 called either from the Sax. steoran, to steer 
 or govern ; — or from its punishing the 
 crimen stellionatus, or cosenage; — or be- 
 cause the room wherein it sat, the old 
 council chamber of the palace of West- 
 minster, was full of windows ; — or because 
 haply the roof or ceiling was at the first 
 garnished with gilded stars ; the latter be- 
 ing the opinion of Lord Coke. 4 Inst. 66. 
 All these are very reasonably pronounced 
 by Sir W. Blackstone to be merely con- 
 jectures, no stars being visible in the roof 
 of the apartment in his day, nor are any 
 said to have remained there so late as the 
 reign of Queen Elizabeth. 4 Bl. Com. 
 266, note. The learned commentator's 
 own opinion, as very clearly explained by 
 him, is that the star-chamber was so called 
 from being held in that room at the ex- 
 chequer where the chests containing those 
 Jeyvish contracts and* obligations called 
 Starrs, (from the Hebrew shetar, pro- 
 
 nounced shtar,) were kept. That the 
 principal repository of these starrs was in 
 the king's Exchequer at Westminster, is 
 clearly shown by an ordinance of Richard 
 L preserved by Hoveden ; and the first 
 time the siar-ehantber is mentioned in any 
 record, it is expressly said to have been 
 situated near the receipt of the exchequer 
 at Westminster. Bot. Claus. 41 Udw. IIL 
 m. 13. It may be added, in confirmation 
 of this opinion, that the old technical title 
 of the Rolls Office of the Chancery, (Do- 
 mus Conversorum,) originated in a very 
 similar way, it being held in a house built 
 by King Henry III. for Jews converted to 
 the Christian faith, but which, on the ex- 
 pulsion of the Jews by Edward III. was 
 assigned as a place for the custody of the 
 rolls and records of the chancery. Cowell, 
 voc. Holls. The law Latin and law French 
 titles of this court are of no value in an 
 etymological point of view, as they seem 
 to have become established at a comparar 
 tively modern date, when the true mean- 
 ing of Starr or star was forgotten. 
 
 STARE. Lat. In old English law. To 
 stand; to be good or valid in law; the 
 opposite of cadere, to fall or fail. Aut sta- 
 bit a2}pellum aut cadet; the appeal will 
 either stand or fall. Bract, fol. 140 b. See 
 Cadere. Contractus stare non poterit ; the 
 contract cannot stand. Id. fol, 62. 
 
 To meet; to abide. Ad standnm. recto ; 
 to stand to an accusation ; to appear and 
 answer it. Bract, fol. 125, 154. Some- 
 times translated to stand to the right; and 
 otherwise expressed stare juri. Reg. Orig. 
 250 b. Right, however, in this instance, 
 seems to be merely an Anglicized form of 
 the L. Lat. rectum, an accusation. See 
 Rectum, Rettum. 
 
 To appear in court ; to be a party to an 
 action or other judicial proceeding. See 
 Persona standi injudicio. 
 
 To stop or stay. See Stet processus. 
 
 To stand ; to accept an office to which 
 one has been appointed. Stare reeusare; 
 to refuse to stand. 3 J/". c& >S. 184 
 
 STARE DECISIS. Lat. To stand by 
 decided cases ; to uphold precedents ; to 
 maintain former adjudications. 1 Kenfs 
 Com. 4V7. " It is better stare decisis. The 
 very case has already been determined." 
 Grose, J. 13 East, 320. A part of an oid 
 verse, expressed at length, 
 
 Staie decisis, et non quieta movere. 
 
 To stand by precedents, and not to dis- 
 turb settled points. 
 
STA 
 
 (484) 
 
 STA 
 
 In a recent case in the New-York Court 
 of Appeals, it was held that the judicial 
 rule, stare decisis, should have great force 
 with this court in reference to adjudica- 
 tions on questions of law made by it, after 
 full discussion and examination. Accord- 
 ingly, where, on a second appeal, the ques- 
 tion presented was identical with that on 
 which the cause was previously decided by 
 the court, it was held that the court would 
 not reconsider and depart from its former 
 adjudication, although its members were 
 not unanimous in making that decision, 
 and the reasoning of those who concurred 
 was not in harmony. 3 Kernan's M. 500. 
 But see 6 Ohio St. R. 18. 
 
 STATE. [Lat. stoiMS.] Condition. See 
 Status. 
 
 STATE. [Lat. respuhlica.l In public 
 law. A complete or self-sufficient body of 
 persons, united together in one community 
 for the defence of their rights, and to do 
 right to foreigners. 1 Kents Com. 189, 
 note. — A political body, or body politic ; 
 the whole body of people united under 
 one government. Webster. A government. 
 STATE. O. Eng. Estate ; an estate. 
 A word frequefltly used by Lord Bacon. 
 Works, vol. iv. passim.. 
 
 To STATE. To express the particulars 
 of a thing in writing or in words ; to set 
 down or set forth in detail ; to relate at 
 length, or in full. As, to state an account, 
 to state a case. 
 
 To set down in gross; to mention in 
 general terms, or by way of reference ; to 
 refer. This was held to be the sense of 
 the word, in a case in the Supreme Court 
 of New-York. 6 HiWs R. 300, 
 
 STATED. Settled; closed. An ac- 
 count stated means an account settled, and 
 at an end. Pulling on Merc. Accounts, 
 33. " In order to constitute an account 
 stated, there must be a statement of some 
 certain amount of money beii)g due, which 
 must be made either to the party himself, 
 or to some agent of his," Parke, B, 5 
 Mees. & W. 667. 
 
 STATIM. Lat. [Fr. maintenant^ In 
 old English law. Immediately. This 
 word was not always literally understood, 
 or rather, it was understood not so much 
 of actual time, as of effectual and lawful 
 time ; that is, of a time which permitted 
 all the legal adjuncts and accompaniments 
 of an act to be completed. See BacorHs 
 Argument in the Case of Revocation of 
 Uses; WvrhSy iv. 253, 254. 
 
 STATULIBER. Lat. In the Roman 
 law. One who is made free by will under 
 a condition ; one who has his liberty fixed 
 and appointed at a certain time or on a 
 certain condition, (g'tti statutam et destinor 
 tam in tempus vel conditionem libertatem 
 habet.) Dig. 40. 7. 
 
 STATUS. Lat. [from stare, to stand.] 
 In the civil law. Standing; state; condi- 
 tion. Dig. 1. 5. The condition of a per- 
 son as being either freeman or slave. Dig. 
 
 I. 5. 3. A certain civil qualification, other- 
 wise called caput, (q. v. ;) a civil capacity 
 for rights. 1 Mack. Civ. Law, 129, § 119. 
 A quality by reason of which men enjoy a 
 difierent right. Heinecc. Elem. Jur. Civ. 
 lib. 1, tit. 3, § 76. See 2 Kenfs Com. 
 4:51, note. The term is of frequent occur- 
 rence in Bracton and Fleta. Bract, fol. 
 190 b. Fleta, lib. 2, c. 51, § 1. Jd. lib. 4, c. 
 
 II. And it is still currently used in mod- 
 ern law. See the Ohio case of Anderson 
 V. Poindexter, 6 Ohio St. R. 622—727. 
 
 STATUS. Lat. In old English law. 
 Estate. 1 Mod. 101. By a grant or re- 
 lease of " totum statum suum," the fee 
 simple will pass. Hale, C. J. and Wylde, 
 J. Id. ibid. 
 
 STATUTE. [L. Fr. estatut; L. Lat. 
 statutum, from statuere, to establish.] An 
 act of the legislature of a state, [declaring] 
 commanding or prohibiting something. 
 Webster. — An express act of the legisla- 
 ture of a country. 2 Kents Com. 456. 
 Literally, a thing established. Sometimes 
 called, in the old books, an establishment, 
 (q. V.) See 1 £1. Com. 85. 1 Steph. 
 Com. 66. . A law made with all the for- 
 malities of legislation.* Statute law is the 
 express written will of the legislature, risn- 
 dered authentic by certain prescribed forms 
 and solemnities. 1 Kents Com.. 447. 
 
 STATUTE. In old English law. A 
 bill or law which, after receiving the royal 
 assent on the parliament roll, was entered 
 on the statute roll, by which it became 
 complete. A statute was thus distinguished 
 from an ordinance, (q. v.) which became 
 complete by the royal assent on the parlia- 
 ment roll, without further entry. HaUs 
 Hist. Gmn, Law, 13, 14, note (C,) Run- 
 nington's ed. 1820, But this distinction 
 was not always made, acts of parliament, 
 or statutes, being frequently called ordi- 
 nances, and ordinances as frequently styled 
 acts of parliament or statutes. Ld. ibid. 
 
 STATUTE. \L&i. statutum.'] In foreign 
 and civil law. Any particular municipal 
 
STA 
 
 (485) 
 
 STE 
 
 law or usage, though resting for its autho- 
 rity on judicial decisions, or the practice of 
 nations. 2 Kenfs Com. 456. — The whole 
 municipal law of a particular state, from 
 whatever source arising. Story's Confi. 
 Laws, § 12. 
 
 STATUTE. In English law. An ab- 
 breviation of statute staple. Freem. 44. 
 
 To STATUTE. In old Scotch law. 
 To establish. " Decerns, statutes and or- 
 dains." 1 How. St. Trials, 1381. 
 
 STATUTE OF FRAUDS. Bee Frauds, 
 Statute of. 
 
 STATUTE OF LIMITATIONS. _ A 
 statute by which rights of action are limited 
 to certain prescribed periods of time. A 
 statute fixing and limiting certain periods 
 of time, beyond which rights of action can- 
 not be enforced.* 3 Bl. Com. 306—308. 
 
 STATUTE-MERCHANT. In English 
 law. A security for a debt acknowledged 
 to be due, entered into before the chief 
 magistrate of some trading town, pursuant 
 to the statute 13 Edw. I. De Mercatoribus, 
 by which not only the body of the debtor 
 might be imprisoned, and his goods seized 
 in satisfaction of the debt, but also his 
 lands might be delivered to the creditor 
 till out of the rents and profits of them 
 the debt be satisfied. 2 £1. Com. 160. 
 Now fallen into disuse. 1 Steph. Com. 
 287. 
 
 STATUTE ROLL. In English law. A 
 roll upon which an act, after receiving the 
 royal assent, was formally entered. JTaWs 
 Hist. Com. Law, 13, (Runnington's ed. 
 1820.) See 1 Bl. 6'oto. 182. "The first 
 Statute Roll we have," says Lord Hale, 
 " is in the Tower ; it begins with Magna 
 Charta, and ends with Edward III. and is 
 called Magnus Botulus Statutor." Hist. 
 Com. Law, 16, 11. 
 
 STATUTE-STAPLE. In English law. 
 A security for a debt acknowledged to be 
 due, so called from its being entered into 
 before the mayor of the staple, that is to 
 say, the grand mart for the principal com- 
 modities or manufactures of the kingdom, 
 formerly held by act of parliament in cer- 
 tain trading towns. In other respects it 
 resembled the statute-merchant, (q. v.) but 
 like that has now fallen into disuse. 2 Bl. 
 Com. 160. 1 Steph. Com. 287. 
 
 STATUTUM. Lat. [from statuere, to 
 determine.] In the civil law. Established ; 
 determined. A term applied to judicial 
 action. Dig. 50. 16. 46, pr. 
 
 STATUTUM. Lat. [from statwsre, to 
 
 establish.] In old English law. A statute ; 
 an act of parliament. Fleta, lib. 2, c. 47, 
 §10. Fx statuto Magnce Car tee ; accord- 
 ing to the statute of Magna Charta. Id. 
 
 lib. 5, c. 11, § 1. Statutum affirmativum 
 non derogat commnni legi. An affirmative 
 statute does not derogate from the com- 
 mon law. Jenk. Cent. 24. 
 
 Statutum gencralitcr est intelligendum 
 qnando verba statuti sunt specialia, ratio 
 autem generalis. When the words of a 
 statute are special, but the reason of it 
 general, the statute is to be understood 
 generally. 10 Co. 101. 
 
 STATUTUM WALLIJE. Lat. The 
 Statute of Wales. The title of a statute 
 passed in. the 12th year of Edw. I. being a 
 sort of constitution for the principality of 
 Wales, which was thereby, in a great mea- 
 sure, put on the foot of England, with 
 respect to its laws and the administration 
 of justice. 2 Beeves' Hist. 93, 94. For a 
 view of its provisions, see Id. 95 — 99. 
 
 STAURUM, Staurus. L. Lat. In old 
 records. A store, or stock of cattle. Dyer, 
 110. A term of common occurrence in 
 the accounts of monastic establishments. 
 Spelman. Cowell. 
 
 STAY. In practice. A stopping ; the 
 act of stopping or arresting a judicial pro- 
 ceeding, by the order of a court or judge. 
 Orders for a stay of proceedings are fre- 
 quent in practice. 
 
 To STAY. In practice. To stop ; to 
 arrest by a judicial order. " Let it stay ; 
 and judgment was stayed." 12 Mod. 269. 
 
 STEALTH. Theft is so called by Finch. 
 " Stealth is the wrongful taking of goods 
 without pretence of title." Law, b. 3, ch. 
 17. 
 
 STEELBOW GOODS. In Scotch law. 
 Corns, cattle, straw and implements of hus- 
 bandry delivered by a landlord to his ten- 
 ant, by which the tenant is enabled to 
 stock and labour the farm; in considera- 
 tion of which he becomes bound to return 
 articles equal in quantity and quality, at 
 the expiry of the lease. BelVs Did. 
 
 STEEL-YARD, Stillyard, Stilyard. [L. 
 Lat. Ouildhalda Teutonicorum.l In old 
 English law. A place or house in London 
 where the fraternity of the Fasterling mer- 
 chants, otherwise called The merchants of 
 the Hanse and Almaine, had their abode. 
 It was at first so denominated from a broad 
 place or court where steel was sold, upon 
 which that house was founded. Cowell. 
 The Stilyard Company was a body of 
 
SEA 
 
 (446) 
 
 SEA 
 
 ground between the ordinary high and low- 
 water mark. Hale de Jur. Maris, pars 1, 
 0. 4, 5. 3 Kenfs Com. 431. See Littus 
 maris. According to the Eoman law, the 
 shore included the land as high up as the 
 largest wave extended in winter. See 
 Litus. And this definition has been sub- 
 stantially adopted in the Civil Code of 
 Louisiana. Art. 442. 
 
 SEA-WORTHY. In insurance law. In 
 a condition to perform a voyage. 2 Steph. 
 Com. I'll. A warranty of sea-worthiness 
 means that the vessel is competent to resist 
 the ordinary attacks of wind and weather, 
 and is competently equipped and manned 
 for the voyage, with a sufficient crew, and 
 with sufficient means to sustain them, and 
 with a captain of general good character 
 and nautical skill. 3 Kent's Com. 287, 
 and note. See 1 Arnould on Ins. 652. 
 " To constitute sea-worthiness of the hull 
 of a vessel in respect to cargo, the hull 
 must be so tight, staunch'and strong, as to 
 be competent to resist all ordinary action 
 of the sea, and to prosecute and complete 
 the voyage without damage to the cargo un- 
 der deck." Curtis, J. 19 Howard's B. 1 67. 
 
 SEAL. L. Fr. and Eng. [Lat. sigillum, 
 signum.^ In conveyancing. An impres- 
 sion upon wax or wafer, or some other te- 
 nacious substance, capable of being im- 
 pressed. 4 Kent's Com. 452. 5 Johns. R. 
 239. Bronson, J. 1 Denio's B. 3l6. 2 
 HilPs B. 227. 3 Id. 493. Lord Coke 
 defines a seal to be wax impressed, (cera 
 impressa,) or wax with an impression, ad- 
 ding that wax without an impression is 
 not a sea], [cera sine impressione non est 
 sigillum.) 3 Inst. 169. This is the well- 
 settled definition of the common law, and 
 it has been adopted in several of the Uni- 
 ted States. In New-York, it has been de- 
 cided that an impression upon paper alone 
 is not a seal, except where it has been made 
 so by statute. Bronson, J. 1 Denio's B. 
 376. 2 HilVs B. 227. 3 Id. 493. But 
 see 13 Howard's B. 472. The same rule 
 prevails generally in the Eastern States. 
 4 Greenl. Cruise's Big. [27,] 36, 38, note. 
 See 8 Howard's B. 451, 464 ; Woodbury, 
 J. But in the Southern and Western States, 
 from New-Jersey inclusive, the impression 
 upon wax has been disused, and a scroll, 
 scrawl or flourish with a pen, substituted 
 for many purposes, in its place. See Id. 
 ibid. 4 Kent's Com. 452, 453, and note. 
 4 Texas iJ. 231. 2 Hilliard's Real Prop. 
 280, [296, 296.] See Scroll. 
 
 SEAL. [Lat. sigillum, signumi\ A 
 plate or disk of metal, usually of circular 
 form, having some device engraved upon 
 it, with which an impression may be made 
 on wax or other substance, on paper or 
 parchment, for the purpose of authentica- 
 tion. See Merlin Bepert. mot Sceau. Of 
 this description are the seals of a govern- 
 ment, the seals of courts, of public nota- 
 ries, and other public officers. 
 
 Private seals are also engraved on other 
 materials, such as precious stones ; but the 
 use of these in the execution of instru- 
 ments is comparatively infrequent, and of 
 far less importance than formerly. When 
 sealing was the principal formality in the 
 execution of instruments, the seal used by a 
 donor or grantor was emphatically and lite- 
 rally his, that is, it was his private seal, 
 bearing some peculiar device by which it 
 was known, so that the deed or charter 
 upon which it was impressed was by that 
 circumstance known to have been executed 
 by him. Hence the importance attached 
 to the possession of these private seals, 
 which appears in various ancient records. 
 In one of the Clause Eolls of 8 Edw. I. 
 (m. 3, in dorso,) it is recorded that one 
 Henry de Pergount came into the Chan- 
 cery, and publicly declared that he had 
 lost his seal, and that if any instrument 
 should be found sealed with that seal after 
 that date, it was of no value or moment. 
 Blount. In another instrument, dated at 
 Drakelew, in the 1 8th year of Richard II. 
 one John de Gresley makes known to all 
 Christian people, that he has not had pos- 
 session of his seal for a whole year last 
 past, and being in good memory and 
 sound mind, gives notice that he disclaims 
 and totally denies any writings sealed 
 with his seal from the time aforesaid until 
 the day when his said seal should be re- 
 stored. Blount, voc. Sigillum. And ac- 
 cording to Britton, it was customary in 
 such cases, to have public notice of the 
 loss given in churches and market places. 
 Britt. c. 28. And see Bract, fol. 15, 38. 
 
 • SEAL. In English practice. The sif^ 
 ting of a court. See 1 P. Wms. 523. 3 
 Id. 240. 
 
 SEALED AND DELIVERED. In 
 conveyancing. The common formula of 
 attestation of deeds and other instruments, 
 written immediately over the witnesses' 
 names. This has been retained without 
 change from the old practice, when sealing 
 alone, without signing, constituted a suffi- 
 
STE 
 
 (486) 
 
 STI 
 
 merchants created in the year 1215 under 
 Henry IV. in favor of the free cities of 
 Germany which had been assistant to him 
 in his wars against France. It took its 
 name from the place where they lived, 
 which was a yard near London Bridge 
 where steel was sold. Dyer, 92 b, note. 
 In the modern books, the merchants of the 
 Steel-Yard are said to be a company to 
 whom the steel-yard (meaning the balance 
 for weighing goods) was assigned by Hen- 
 ry III. Brande. 
 
 STELLIONATE. [from Lat. stellionatus, 
 q. v.] In Scotch law. The crime of 
 aliening the same subject to different 
 persons. 2 ITames' Equity, 40. BelVs 
 Diet. 
 
 STELLIONATUS. Lat. Ihom stellio, 
 a lizard.] In the civil law. A general 
 term used to denote all kinds of fraud and 
 irapositic^n which were not designated by 
 any more special appellation. Dig.^1. 20. 
 The mortgaging or selling another's pro- 
 perty as one's own, or the mortgaging one's 
 property a second time without notice of 
 the first mortgage, were acts of stellionatus, 
 or stellionate, as it is rendered in Scotch 
 law. 
 
 STEMMATA, STE/ipora. Gr. In the civil 
 law. Tables of genealogy. Dig. 38.10.9. 
 
 STERBRECH, Strebrech. Sax. [from 
 stre, a way, and brech, a breaking.] In old 
 English law. The offence of breaking up, 
 obstructing, or narrowing a way or road. 
 LL. Hen. I. c. 81. Spelman. 
 
 "STERILITY," ex vi termini, imports 
 an ungrateful soil ; a sort of natural and 
 constitutional infecundity, resisting the 
 ordinary means properly applied to render 
 it otherwise. Lord EUenborough, 2 M. <& 
 S. 359. 
 
 STERLING. [L. Lat. sUrlingus, ster- 
 linffum.'] In English law. Current or 
 standard coin, especially silver coin; a 
 standard of coinage. Anciently written 
 esterling, (q. v.) 
 
 In old English law. A penny. Fleta, 
 lib. 2, c. 12, I 11. See Esterling. 
 
 STET PROCESSUS. L. Lat. (Let 
 the process stay or stand ; let the proceed- 
 ings be stayed.) In practice. An entry 
 on the record, of a nature similar to a nolle 
 prosequi, by which a plaintiff" agrees that 
 all further proceedings in the action shall 
 be stayed. In English practice, this en- 
 try is usually made, where the defendant 
 becomes insolvent pending the action, and 
 the object of it is to prevent him from ob- 
 
 taining judgment as in case of a nonsuit. 
 1 Tidd's Pr. 682, 683. 
 
 STETH, Stede. In old English law. 
 The bank of a river. Co. Litt. 4 b. 
 
 STEURA. L. Lat. In old European 
 law. A tribute; an exaction or tax. Spel- 
 man. 
 
 STICH. (plur. Stiches.) In English 
 law. A furrow or ridge of land. 2 Taunt. 
 38, 39. See Id. note (a.) 
 
 To STICK. In the old books. To stop; 
 to hesitate ; to decline to accede ; to accede 
 with reluctance. " The court stuck a little 
 at this exception." 2 Show. 491. " The 
 law has always stuck at new niceties that 
 have been started." North, C. J. 1 Mod. 
 251. "This was what stuck with the 
 court." 6 Mod. 26. 
 
 STILLICIDIUM. Lat. [from stilla, 
 a drop, and cadere, to fall.] In the civil 
 law. Drip ; the dripping of water from 
 the eaves of a house. Inst. 2. 3. 1. 4. 
 Dig. 8. 2. 2. Id. 8. 2. 20, 21. Heinecc. 
 Elem. Jur. Civ. lib. 2, tit. 3, § 404. A 
 species of predial servitude. See Servitus. 
 
 STINGISDINT. O. Sc. [Lat. fusti- 
 gatio.^ In old Scotch law. A dint or 
 stroke with a sting or baton. leg. Burg. 
 c. sciendum est, 9. Skene de Verb. Sign. 
 
 STINT. In EngUsh law. Limit; a 
 limited number. Used as descriptive of 
 a species of common. See Common sans 
 nombre. 
 
 STIPENDIUM. Lat. In the civil 
 law. The pay of a soldier; wages; sti- 
 pend. Calv. Lex. 
 
 Tribute. Said in the Digests to be de- 
 rived from stipis, a small coin of brass, be- 
 cause collected in small sums, {quod per 
 stipes, id est, modica cera colUgatur.) Dig. 
 50. 16. 27. It has been, however, other- 
 wise derived from stipis, and pendere, to 
 weigh, soldiers anciently receiving their 
 pay by weight, and not by tale. 
 
 STIPES. Lat. In old English law. 
 Stock; a stock; a source of descent or 
 title. Literally, the trunk of a tree. Com- 
 munis stipes; the common stock. Fleta, 
 lib. 6, c. 2. " The stipes from whom the heir 
 is to deduce his pedigree." Blackst. Law 
 Tr.2l. Seisina facit stipitem, (q.v.) Sei- 
 sin makes stock. 
 
 STIPULA. Lat. In old English re- 
 cords. Straw ; stubble left standing on 
 the ground after the grain is reaped and 
 carried away. Cowell. 
 
 STIPULARI. Lat. In the civil law. 
 In a strict sense, to ask or demand some- 
 
STI 
 
 (487) 
 
 STR 
 
 thing to be done or given to one, in a cer- 
 tain form of words, -which, when responded 
 to by another party in a similar form, con- 
 stituted a contract between them. Thus, 
 one party said or asked, " Spondes ?" (Do 
 you engage ?) The other said or answered, 
 "Spondeo." (I do engage.) The party who 
 asked was said to stipulate [stipulari ;) 
 the party who answered was said to pro- 
 mise, (promittere.) See Inst. 3. 16. 1. Id. 
 3. 17, pr. See Stipulatio. 
 
 In a more general sense, — to promise or 
 engage. In this sense, it was used to de- 
 note the act of the party who answered the 
 interrogation, as well as that of him who 
 asked it. Stipulari est promittere. Isid. 
 lib. 5, Etymol. c. 24. Calv. Lex. 
 
 STIPULATIO. Lat. In the civil law. 
 A contract in a solemn form of words, con- 
 sisting of an interrogation and a reply ; as 
 "Spondes? Spondeo." (Do you undertake ? 
 I do undertake.) "Quinque aureos dare 
 spondes? Spondeo." (Do you engage to 
 give me five aurei? I do.) Inst. 3. 6. 1. 
 See Dig. 45. 1. By this kind of form the 
 party answering the question was bound to 
 give or do the thing that was asked. Calv. 
 Lex. Hallifax, Anal. b. 2, c. 16, num. 2. 
 See Fleta, lib. 2, c. 56, § 9. 
 
 This word is said in the Institutes to be 
 so called, because what was firm or strong 
 was called by the ancient Romans stipulum, 
 derived, perhaps, from stipes, the trunk of 
 a tree. Inst. 3. 1 6, pr. 
 
 STIPULATION, [from Lat. stipulatio, 
 q. v.] In practice. An engagement or 
 undertaking in writing, to do a certain act ; 
 as to try a cause at a certain time. 1 Burr. 
 Pr. 389. 
 
 In admiralty practice. An undertaking 
 in the nature of bail, entered into on the 
 arrest of a defendant, or the seizure of pro- 
 perty. 3 Bl. Com. 108, 291. Benedicts 
 Adm. Pr. 270—277. 
 
 STIPULATOR. Lat. In the civil 
 law. The party who asked the question 
 in the contract of stipulation ; the party to 
 whom the promise was made ; the other 
 party, or he who answered, being called 
 the promissor. Calv. Lex. See Stipu- 
 latio. 
 
 In a more general sense, the term was 
 applied to both parties. Calv. Lex. 
 
 STIRPS. Lat. In the civil law. A 
 stock ; a source of descent. Literally, the 
 root, stem or stock of a tree or plant. A 
 parent or ancestor was said to be the stirps, 
 root or stock of his children, or descend- 
 
 ants. See Nov. 118, c. 1. The term has 
 been transferred to the common law. 2 
 Bl. Com. 204. 
 
 Stirpes,[^\\ir.Qi stirps;) stocks; roots; 
 sources of descent. Nov. 118, c. 1. See 
 In stirpes, Per stirpes. 
 
 STOCK. [Lat. stirps, stirpes.] A source 
 or root of succession, or descent.* 1 Steph. 
 Com. 379. 
 
 STOCK. In mercantile law. The goods 
 and wares of a merchant or tradesman, 
 kept for sale and trafiBc. 
 
 In a larger sense, the capital of a mer- 
 chant or other person, including his mer- 
 chandise, money and credits, or, in other 
 words, the entire property employed in 
 business. Sec Keep v. Sanderson, 2 Wis- 
 consin R. 42, 56, 57. 
 
 "STOCK," (government stock,) held 
 not to come within the denomination of 
 " money out at interest." 6 East, 1 82. 
 
 STOCKS. [L. Lat. dppi ; L. Fr. cepsi] 
 A machine constructed of wood, with holes 
 through which the feet of offenders were 
 passed, and their persons thus confined. 
 Now almost disused, even in England. 
 
 JilTQ/ih ds 
 
 STOPPAGE IN TRANSITU. Lat. and 
 Eng. Stoppage on the transit or passage ; 
 the stoppage of goods sold on their transi- 
 tus, passage or way, to the buyer.* The 
 right which a vendor, when he sells goods 
 on credit to another, has of resuming the 
 possession of the goods, while they are in 
 the hands of a carrier or middle man, in 
 their transit to the consignee or vendee, 
 and before they arrive into his actual pos- 
 session, or to the destination which he has 
 appointed for them, on his becoming bank- 
 rupt or insolvent. 2 Kenfs Com. 540. See 
 2 Steph. Com. 122. 2 Smith's Lead. Cas. 
 431. Russell on Factors, 218. Smith on 
 Contracts, 339. Blackburn on Contr. of 
 Sale, 201. 
 
 STOprH, Sropyi). Gr. The natural affec- 
 tion of a parent. 1 Bl. Com. 447. 
 
 STOURNY. [Ital. storrao.] In Euro- 
 pean law. A contraction of the word 
 ristourne, (dissolution of a contract of in- 
 surance.) A Provencal Italian word. 
 Emerig. Tr. des Ass. ch. 16, pr. 
 
 STOUTHRIEF. Sc. In Scotch law. 
 Robbery. BeWs Diet. A violent taking. 
 2 Brown's R. 146. 
 
 STOWE. In old English law. A val- 
 ley. Co. Litt. 4 b. 
 
 STRAND. [Sax. strond.] A shore or 
 bank of the sea or a river. Cornell. 
 
STR 
 
 (488) 
 
 STR 
 
 STRANDING. [Fr. ecJiouement.'] In 
 insurance and maritime law. An accidental 
 striking and remaining of a vessel on the 
 ground or strand, by which she is injured ; 
 a grounding and filling with water; the 
 running or drifting of a vessel on shore.* 
 See 3 Kents Com. 323, note. 
 
 Stranding is when a ship, by accident, is 
 on the ground or strand, and is injured 
 thereby. T 5. tfc C. 219. A stranding, 
 in the sense of a policy, is when a ship 
 tates ground, not in the ordinary course of 
 navigation, but by accident, or the force of 
 wind or the sea, and remains stationary for 
 some time. The vessel must ground from 
 an accident happening out of the ordinary 
 and usual course of navigation. She must 
 be on the strand under extraordinary cir- 
 cumstances, or from extraneous causes. 
 Z B. <& Ad. 20. Where a vessel in a tide 
 harbor, takes the ground in the ordinary 
 way, upon the ebbing of the tide, it is not 
 a stranding within the policy, although, in 
 common language the vessel is on the 
 strand. But to constitute " stranding," she 
 must be on the strand under extraordinary 
 circumstances, or from extraneous causes. 
 Story, J. 2 Sumner's R. 203. And see 
 13 Ohio R. 48. In the last case it was 
 decided that where a loss is occasioned by 
 the vessel striking upon a rock and bilging, 
 without remaining stationary, it was not a 
 loss by stranding. 
 
 STRANGER. One who is not a party 
 or privy to an act or contract. Cowell. 
 
 STRATA. L. Lat. In old English law. 
 A street, or road. Strata regalis ; the king's 
 highway. Fleta, lib. 2, c. 49, § 11. 
 Stratm puhlicce ; public streets. Bract. 
 fol. ITO b. 
 
 Properly, a paved way ; but not used in 
 that sense. 10 Mod. 382. 
 
 STRAY. See JEstray. 
 
 STREAM. A current of water ; a body 
 of flowing water. The word, in its ordi- 
 nary sense, includes rivers. But Callis 
 defines a stream " a current of waters run- 
 ning over the level at random, and not 
 kept in with banks or walls." Callis 
 on Sewers, [83,] 133. See Angellon Wa- 
 ter-Courses, P§ 2, 4, 8, and note. 
 
 STREIGHTEN. In the old books. To 
 narrow or restrict. " The habendum should 
 not streighten the devise." 1 Leon. 58. 
 
 STREPITUS. Lat. Noise; confusion. 
 The noise and confusion of a judicial iYi- 
 hwasA, {strepitus judicialis j) the noise of a 
 court. Sine strepitu ; without noise, in a 
 
 quiet way. Lord Mansfield, C. J. 1 W. 
 Bl. 82. 
 
 STREPITUS. L.Lat. In old records. 
 Estrepement or strip ; a species of waste or 
 destruction of property. Spelman. 
 
 STRICT SETTLEMENT. In English 
 law. A settlement of an estate upon a 
 parent for life, with remainder to his first 
 and other sons successively in tail, includ- 
 ing the appointment of trustees to pre- 
 serve contingent remainders. See Atherley 
 on Marr. Settlements, 93. 
 
 STRICTIJURIS. Lat. Of strict right 
 or law ; according to strict law ; without 
 equitable interpretation, or enlargement of 
 application. " A license is a thing stricti 
 juris ; a privilege which a man does not 
 possess by his own right, but it is conceded 
 to him as an indulgence, and therefore it is 
 to be strictly observed." Sir William Scott, 
 (The Juno,) 2 Rob. Adm. R.Wl. A for- 
 mal precise action said to be stricti juris. 
 1 W. Bl. 388. See Actio stricti juris. An 
 objection said to be stricti juris. 1 Hast, 
 17. Anstr.\52. Priority among creditors 
 is stricti juris. Id. 166. Maritime liens 
 are stricti juris, and cannot be extende,d 
 by construction. 19 Howard! s R. 82. 
 
 STRICTISSIMIJURIS. Lat. Of the 
 strictest right or law; to be iuterpreted 
 and applied in the strictest manner.* 
 " Licenses being matter of special indul- 
 gence, the application of them was for- 
 merly strictissimi jurist' Sir William Scott, 
 The Goede Hoop, 1 Edw. Adm. R. 328. 
 "A ground that is not entitled to any 
 favor, and stands upon the very limits 
 strictissimi juris." Story, J. 3 Story^s R. 
 159. "This is a case strictissimi juris, 
 therefore we will not assist it." 1 W. Bl. 
 642. See 6 JEast, 144. 2 H. Bl. 413. 
 
 STRICTO JURE. Lat. In strict law. 
 
 1 Keni's Com. 65. 
 
 STRICTUM JUS. Lat. Strict right 
 or law ; the rigor of the law, as distinguished 
 from equity. See Stricti juris, Strictis- 
 simi juris. 
 
 STRIKING A DOCKET. In English 
 practice. The first step in the proceedings 
 in bankruptcy, which consists in making 
 affidavit of the debt, and giving a bond' to 
 follow up the proceedings with efiect. 
 
 2 Steph. Com. 199. When the afiidavit 
 and bond are delivered at the bankrupt 
 ofiice, an entry is made in what is called 
 the docket-book ; upon which the petition- 
 ing creditor is said to have struck a docket. 
 Eden^s Bankrupt Law, 61, 52. 
 
STU 
 
 (489) 
 
 SUB 
 
 STRIKING A JURY. In practice. 
 The peculiar mode of constituting a special 
 jury which has been ordered by the court 
 for the trial of some particular cause, viz. 
 by each party striking out a certain num- 
 ber of names from a list of jurors prepared 
 by the clerk or master of the court, so as 
 to reduce it to the number of persons pre- 
 scribed by law, who are to be summoned 
 and returned as jurors by the sheriff. 
 
 The striking of the jury is done before 
 the clerk out of court. The original prac- 
 tice in England was for the master to name 
 forty-eight freeholders, and then each party 
 struck out twelve, by one at a time, (the 
 plaintiff, or his attorney, beginning first;) 
 the twenty-four names remaining con- 
 stituted the jury who were to be returned 
 for the trial of the cause. 2 Tidd's Pr. 
 181, 188. The practice has been of late 
 years somewhat modified, but it has been 
 essentially adopted in the state of New- 
 York. 2 Hev. St. [418,] 338, §§ 48, 49. 
 
 STROND. Sax. In old records. A 
 shore or bank of a sea or river ; a strand. 
 Over strond & streme, on wode S felde ; 
 on shore and stream, in wood and field. 
 Cart. Hie. I. cited in Cowell. 
 
 STRUCK JURY. In practice. A special 
 jury. So called because constituted by 
 striking out a certain number of names 
 from a prepared list. See Striking a jury. 
 STRUES. Lat. In old pleading. A 
 rick (of hay.) 1 Mod. 289. 
 
 STUBULA. Lat. In old English law. 
 Stubble ; straw. Fleta, lib. 2, c. 73, § 9. 
 
 To STULTIFY, [from Lat. stultus, fool- 
 ish, and fieri, to be made.] To make out 
 one to be of unsound mind. It is a maxim 
 in the law of England, in regard to trans- 
 actions merely voidable, that No man shall 
 1)6 allowed to stultify himself, that is, to 
 plead his own unsoundness of mind in a 
 court of justice. 1 Steph, Com. 441. Mr. 
 Stephen thus qualifies this maxim, which is 
 stated by Blackstone in broader terms, 
 without reference to the distinction between 
 void and voidable transactions. Jd. ibid. 
 note. 2 £1. Com. 291, 292. The maxim 
 itself has been pronounced absurd, unjust 
 and mischievous, by the highest American 
 authority. 1 Story's Eq. Jur. § 225, and 
 notes. 2 Kent's Com. 451. Mr. Justice 
 Story observes that, in America, it has not 
 been of universal adoption in the state 
 courts, if, indeed, it has ever been recog- 
 nised as binding in any of the courts of 
 common law. 1 Story's Eq. Jur. ub. sup. 
 
 Chancellor Kent and Professor Greenleaf 
 pronounce it to bo " exploded." 2 Kent's 
 Com. ub. sup. 2 Oreenl. Ev. § 369. 
 
 STULTILOQUIUM. L. Lat. [from 
 stultus, foolish, and loqui, to speak.] In 
 old English law. Vicious or disorderly 
 pleading, for which a fine was imposed by 
 King John, supposed to be the origin of 
 the fines for beau-pleader, (q. v.) Crabb's 
 Hist. 135. 
 
 STUPPARE. Lat. In old European law. 
 To stop ; to close a wound. L. Alaman. 
 tit. 59. Spelman. 
 
 STUPRUM. Lat. In the civil law. 
 Unlawful intercourse with a woman. Dis- 
 tinguished from adultery (adulterium) as 
 being committed with a virgin or widow. 
 Dig. 48. 5. 6. 1. But the terms were often 
 used indiflFerently. Jd. ibid. See Id. 50. 
 16. 101, pr. 
 
 SUAPTE NATURA. Lat. In its own 
 nature. Sudpte naturd sterilis ; barren in 
 its own nature and quality ; intrinsically 
 barren. Lord Ellenborough, 5 M.dt S. 170. 
 
 SUB. Lat. [L. Fr. soub, south.'\ Under; 
 upon. See infra. 
 
 SUB CONDITIONE. L. Lat. In old 
 conveyancing. Upon condition ; literally, 
 under condition. One of the words which, 
 by virtue of themselves, make estates upon 
 condition. Litt. sect. 328. The most ex- 
 press and proper [words of] condition in 
 deeds. Co. Litt. 203 a. 10 Co. 42 a. 
 
 SUB DISJUNCTIONE. Lat. In the 
 alternative. Fleta, lib. 2, c. 60, § 21. 
 
 SUB JUDICE. Lat. Under or before 
 a judge or court ; under judicial consider- 
 ation; undetermined. 12 ^as<, 409. 
 
 SUB MODO. L. Lat. Under, or sub- 
 ject to a qualification ; in a qualified man- 
 ner, or sense. Fieri autem poterit donatio 
 sub conditione, seu sub modo ; a gift may 
 be made subject to a condition, or subject 
 to a qualification. Bract, fol. 19. "Not 
 absolutely, but sub modo" 2 Mod. 280. 
 
 SUB PEDE SIGILLL Lat. Underthe 
 foot of the seal ; under seal. 1 Stra. 521. 
 
 SUB POTESTATE. Lat. Under power; 
 subject to the power of another ; as a slave 
 or a child. Bract, fol. 24. 
 
 SUB SALVO ET SECURO CON- 
 DUCTU. L. Lat. Under safe and secure 
 conduct. 1 Stra. 430. Words in the old 
 writ of habeas corpus. Id. ibid. 
 
 SUB SIGILLO. Lat. Under seal. 1 
 Stra. 674. 
 
 SUB SILENTIO. Lat. Under silence ; 
 in silence ; without notice taken. 1 Bl. 
 
SIJB 
 
 (490 ) 
 
 SUB 
 
 Cow. 183. Tiecedenis sub silentio. IP. 
 Wms. 223. Hardr. 98, arg. 
 
 SUB SPE RECONCILIATIONIS. L. 
 Lat. Under the liope of reconcilement. 2 
 Kent's Com. 127. 
 
 SUB SUO PERICULO. L. Lat. At 
 his own risk. Fleta, lib. 2, c. 5, § 5. 
 
 SUB-AGENT. An under agent ; a sub- 
 stituted agent ; an agent appointed by one 
 ■who is himself an agent. 2 Kent's Com. 
 633. 
 
 SUB-BALLIVUS. L.'Lat. In old 
 English law. An under-bailiff ; a sheriff's 
 deputy. Fleta, lib. 2, c. 68, § 2. 
 
 SUB-BOSCUS. L. Lat. [L. Fr. suh- 
 bois.'\ In old English law. Underwood, or 
 coppice. Fleta, lib. 1, c. 24, § 8. Shep. 
 Touch. 10. 3 Leon. 9, case 13. 
 
 _ SUB-CONTRACT. A contract subor- 
 dinate to another contract, made or intend- 
 ed to be made between the contracting par- 
 ties, on one part, or some of them, and 
 a stranger. ' Heath, J. 1 JI. Bl. 37, 45. 
 
 SUB-DELEGARE. L. Lat. In old 
 English law. To sub-delegate ; to appoint 
 a delegate of a delegate ; to delegate power 
 already delegated. Applied to the act of 
 a judge, (himself acting by delegation,) in 
 delegating or assigning another to act in 
 his place. Nullus justitiarius a domino 
 rege sic delegatus, poterit aliquem sibi suh- 
 delegare ; no justice so delegated by the 
 king can sub-delegate any to himself. Bract. 
 fol. 108 b. See Id. fol. 405 b. Nullus 
 sub-delegatus aliumpotest sibi sub-delegare, 
 ut recordum possit proesentare ; no sub- 
 delegated [justice] can sub-delegate another 
 to himself, so as to be able to present a 
 record. Fleta, lib. 1, c. 17, § 31. 
 
 SUBDITUS. Lat. In old English law. 
 A vassal ; a dependent ; any one under the 
 power of another. Spelman. Homo vel 
 subditus. Bract, fol. 412. 
 
 A subject. Hale's Anal. sect. xiii. 
 
 SUBHASTARE. Lat. [from sai, un- 
 der, and kasta, a spear.] In the civil law. 
 To sell at public auction, which was done 
 sub httsta, under a spear ; to put or sell 
 under the spear. Oalv. Lex. See Subhas- 
 tatio. 
 
 SUBHA8TATI0. Lat. [from subhas- 
 tare, q. v.] In the civil law. A sale by 
 public auction, which was done under a 
 spear, fixed up at the place of sale as a 
 public sign of it. Oalv. Lex. Festus. 
 
 The Roman custom of setting up a spear 
 at an auction, seems to have been derived 
 from the circumstance that at first only 
 
 those things which were taken in war were 
 sold in that manner. Adam's Rom. Ant. 
 59. The use of a spear continued to be 
 retained in the middle ages, the Roman 
 terms subhastatio, and subhastator, being 
 also retained. Babington on Auctions, 2, 
 3. In modern auctions, a staff with a flag 
 has taken its place. 
 
 SUBINFEUDATION, [from Lat. sub, 
 under, and in, in, and feudum, a fief.] In 
 feudal law. The granting of a feud or 
 fief out of another, to be held by an under 
 tenant.* A term applied to the practice 
 or system introduced by the inferior lords 
 who held of the king's greater barons in 
 England, of carving out portions of their 
 own fees or estates, (called in feudal law 
 arriere fiefs,) and granting them to others, 
 to be held as of themselves. 2 Bl. Com. 
 91. 1 Spends Chancery, 138. 3 Kent's 
 Com. 497. See Bell's Diet. 
 
 SUBJACERE. L. Lat. In old Eng- 
 lish law. To be subject to. Literally, to 
 lie under. Subjacere debet jtiri ubi deli- 
 querit; he ought to be subject to the law 
 [of the place] where he has offended. Fleta, 
 lib. 6, c. 37, § 2. See Underlie. 
 
 SUBJECT, [from Lat. subjectus, from 
 subjicere, to put under ; Lat. subditus.^ In 
 public law. One who is under the protec- 
 tion and power of a government and laws ; 
 one who owes allegiance to a government.* 
 " A person domiciled in a country, and 
 enjoying the protection of its sovereign, is 
 deemed a subject of that country." Story, 
 J. 2 Wheaton's E. 227, 245, 246. 
 
 In a stricter sense, this term is usually 
 applied to those who live under, or owe 
 allegiance to a monarchy, as distinguished 
 from a republic, the members of which are 
 termed citizens. But it has been observed 
 by high American authority, that " though 
 the term citizen seems to be appropriate 
 to republican freemen, yet we are, equally 
 with the inhabitants of all other countries, 
 subjects, for we are equally bound by al- 
 legiance and subjection to the government 
 and law of the land." 2 Kent's Com. 258, 
 note. The term subjects, indeed, has been 
 held by the same authority to be the pro- 
 per appellation of blacks born within and 
 under the allegiance of the United States. 
 Id. ibid. 
 
 Snblata veneratione magistratunm, respiib- 
 lica ruiti When respect for magistrates is 
 taken away, the commonwealth falls. Jenk. 
 Cent. 43, case 81. Applied to the offence 
 of striking in court. Id, ibid. 
 
SUB 
 
 (491) 
 
 SUB 
 
 Sublato fundamento, cadit opus. When 
 the foundation is removed, the work falls. 
 Jenk. Cent. 106, case 2. 
 
 Sublato principali, toUitur adjunctum, 
 When the principal is taken away, the in- 
 cident is taken also. Co. Litt. 389 a. 
 
 SUBMISSION. An agreement by 
 ■which parties consent to submit their dif- 
 ferences to the decision of an arbitrator. 
 Usually formally made in writing, and by 
 bond, but neither of these forms is indis- 
 pensably necessary to constitute it. See 
 MusselVs Arbitrator, 2, 49. Billings on 
 Awards, 9. 
 
 SUBORN. [Lat. subornare, from sub, 
 under, and ornare, to prepare.] In crimi- 
 nal law. To procure another to commit 
 perjury. Steph. Crim. Law, 74. Literal- 
 ly, to instruct one privily, or in an under- 
 handed manner, what to say ; to prepare 
 secretly, or underhand. To procure un- 
 lawfully. Say. 292. Subornare est quasi 
 subtus in aure ipsum male ornare ; to sub- 
 orn is to instruct one privily, as by whis- 
 pering in his ear, with a bad design. 3 
 Inst. 167. 
 
 SUBORNATION. [Lat. subornatio, 
 from subornare, q. v.J In criminal law. 
 The offence of procuring another to com- 
 mit perjury. Steph. Crim. Law, '14. Sub- 
 ornation of perjury is the offence of pro- 
 curing another to take such a false oath as 
 constitutes perjury in the principal. 4 Bl. 
 Com. 137. To render the offence of sub- 
 ornation of perjury complete either at com- 
 mon law, or under the statute, the false oath 
 must be actually taken. 3 Mod. 122. " 1 
 Leach, 455, notes. 2 Russell on Crimes, 
 596, (Am. ed. 1850.) 
 
 SUBPOENA, (or SUB PCENA.) Lat. 
 Under a penalty. In practice. A writ 
 commanding the attendance or appearance 
 of a witness or party in court, or before a 
 judicial ofBcer, under a penalty {sub poena) 
 in case of disobedience. So termed from 
 the emphatic words of the Latin forms. 
 See infra. 
 
 SUBPOENA. In equity practice. The 
 process by which a defendant is command- 
 ed to appearand answer the plaintift's bill. 
 3 Bl. Com,. 443. 1 Baniell's Ch. Pr. 495. 
 
 SUBPCENA AD TESTIFICANDUM. 
 L. Lat. Subpoena to testify. The com- 
 mon subpoena requiring the attendance of 
 a witness, on a trial, inquisition or examina- 
 tion. 3 Bl. Com. 369. 1 Arch. Pr. 170. 
 2 Id. 37. 
 
 SUBPCENA DUCES TECUM. L. 
 
 Lat. In practice. That kind of subpoena 
 by which a witness is commanded to bring 
 with him certain documents or writings 
 specified. 1 Arch. Pr. 170. 3 Bl. Com. 
 382. Said not to be in the Register. 9 
 JEast, 473. 
 
 SUBREPTIO, Surreptio. Lat. [from 
 sicbripere,' from sub, under, and rapere, to 
 take or seize.] In the civil law. The ob- 
 taining a grant from the sovereign by false 
 representations. Calv. Lex. The French 
 subreption is used in the same sense. Bou- 
 vier. Hence the word surreptitious. 
 
 SUBROGARE, Surrogare. Lat. In 
 the civil law. To substitute ; to put in the 
 place of. Calv. Lex. 
 
 To add to (a law.) Taylor's Civ. Law, 
 155. Dig. 50. 16. 102, in gloss. 
 
 SUBROGATION. Fr. and Eng. [from 
 Lat. subrogatio, from subrogare, q. v.] In 
 the civil law. The substitution of one 
 person or thing in the place of another. 
 
 Strictly, the substitution of one per- 
 son in the place of another as a creditor, 
 with a succession to therights of the latter. 
 The mode by which a third person, who 
 pays a creditor, succeeds to his rights 
 against the debtor.* Subrogatio est trans- 
 fusio unius creditoris in alium, eadem vel 
 mitiori condiiione ; subrogation is the trans- 
 fusion of one creditor to another, with the 
 same or with modified rights. Merlin Q. 
 de Droit, verb. Subrogation. 
 
 This term has been extensively adopted 
 in American law, especially of late. See 
 6 Penn. St. (Barr's) R. 504. 
 
 It is a settled rule, that in all cases where 
 a party, only secondarily liable on an obli- 
 gation, is compelled to discharge it, he has 
 a right, in a court of equity, to stand in 
 the place of the creditor, and be subroga- 
 ted to all his rights against the party pri- 
 marily liable. 24 Mississippi R. 665. 
 The right of subrogation is an inherent 
 and natural equity growing out of the cir- 
 cumstances of the case. Id. Subrogation 
 gives to the substitute all the rights of the 
 party for whom he is substituted. 4 Ma- 
 ryland Ch. Dec. 253. 
 
 SUBROGUER, Surroguer. L. Fr. To 
 make a deputy or surrogate; to substitute. 
 Kelham. 
 
 SUBSCRIBE, [from Lat. subscribere, 
 q. v.] In the law of contracts. To write 
 under ; to write at the bottom or end of a 
 writing or instrument ; to write the name 
 under. See 26 Wendell's R. 341. 2 Sel- 
 den's R. 9. 
 
SUB 
 
 (492) 
 
 sue 
 
 SUB8CRIBERE. Lat. [from sub, under, 
 and scrihere, to write.] To write under, or 
 at the bottom of a writing or instrument ; 
 to write the name under ; to underwrite ; 
 to subscribe. 
 
 In the civil law. To consent or assent 
 to a thing. Calv. Lex. Subscribere in 
 crimen. Id. 
 
 To tate part in a proceeding ; to join 
 with another in an action, [querelam una 
 experiri.) Id. 
 
 To pronounce a judgment; to grant a 
 decree. Id. 
 
 SUBSCRIPTIO. Lat. [from subscri- 
 bere, q. v.] In the civil law. A writing 
 under, or under-writing ; a writing of the 
 name under or at the bottom of an instru- 
 ment by way of attestation or ratification ; 
 subscription. The subscriptio testium, (sub- 
 scription of witnesses,) was one of the 
 formalities in the execution of wills, being 
 required by the imperial constitutions in 
 addition to the seals of the witnesses. Inst. 
 2. 10. 3. 
 
 That kind of imperial constitution which 
 was granted in answer to the prayer of a 
 petitioner who was present. Calv. Lex. 
 
 SUBSCRIPTION, [from Lat. subscrip- 
 tio, q. v.] The writing of the name or 
 signature under, or at the foot of an instru- 
 ment, by way of execution or attestation. 
 See Subscribere. 
 
 SUBSELLIA. Lat. [from sub, under, 
 and sella, a seat.] In the Roman law. 
 Lower seats or benches, occupied by the 
 judices, (judges or jurors,) and by inferior 
 magistrates when they sat in judgment, as 
 distinguished from the tribvnal of the 
 prsetor. Calv. Lex. Budmus. 
 
 SUBSIDY. [Lat. subsidium, support.] 
 In English law. An extraordinary grant 
 of money by the parliament to the crown. 
 Now more commonly termed a supply, or 
 in the plural, supplies. 1 Bl. Com. 307. 
 
 SUBSIGNARE. Lat. [from sub, under, 
 and signare, to seal or sign.] In the civil 
 law. To undersign; to subscribe. Ac- 
 cording to the strict etymology, to seal 
 under, or seal. But the word is said, in 
 the Digests, to have been used among the 
 ancient Romans in the sense of writing. 
 Subsignatum dicitur quod ab aliquo sub- 
 scriptum est, nam veteres subsignationis 
 verbo pro adscriptione uti solebant ; that is 
 said to be undersigned which is xmder- 
 written by any one, -for the ancients were 
 accustomed to use the word subsignatio for 
 adscriptio. Dig. 50. 16. 39. Some copies 
 
 of the Digests have subscriptione in place of 
 adscriptione. 
 
 SUBSTANCE. [Lat. substantia.] Es- 
 sence ; the material or essential part of a 
 thing, as distinguished from form or cir- 
 cumstance. The law favoureth matters of 
 substance more than matters of circumstance. 
 
 Finch's Law, b. 1, oh. 3, num. 39. 
 
 SUBSTITUTIO. Lat. [from substituere, 
 to substitute.] A putting of one person 
 in the place of another. 
 
 In the civil law. The appointment of one 
 person as heir, in plafie of another, in the 
 event of the first not taking the inheritance. 
 As, si ille hares non erit, ille hceres esto; 
 if such a one will not be heir, let such a 
 one be heir. Inst. 2. 15, pr. And a tes- 
 tator might appoint one heir after another 
 in this way, to what extent he pleased, (in 
 quantum velit, testator substituere potest,) 
 which was called making several grades of 
 heirs, (plures gradus hceredum,) the person 
 last named, without further alternative, 
 being termed necessary heir, (necessarius 
 hceres,) or heir at all events. Id. ibid. 
 
 SUBSTITUTION. In modern civil law. 
 The designation of a person in a will, to 
 take a devise or legacy, either on failure of 
 a former devisee or legatee, or after him.* 
 Brande. Bouvier. 
 
 In Scotch law. An enumeration of a 
 series of heirs, described in proper techni- 
 cal language. Bell's Diet. Taken from 
 the Roman substitutio, (q. v.) 
 
 SUBTRACTION, [from Lat. subtractio, 
 from subtrahere, to draw away.] In Eng- . 
 lish law. The offence of withholding or 
 keeping from another, that which by law 
 he is entitled to ; as suit and service from 
 a lord, tithes from a parson ; the keeping 
 back of legacies by an executor ; the with- 
 holding of conjugal rights from a husband 
 or wife ; the refusing to pay church rates, 
 (fee. 2 Bl. Com. 88, 94, 98, 230. 2 
 Crabb's Heal Prop. 1074, § 2471. Holt- 
 house. 
 
 SUBVASSORES, Subvalvassores. L. 
 Lat. In old Scotch law. Base holders ; 
 inferior holders ; they who held their lands 
 of knights. Skene de Verb. Signif. 
 
 SUB-VICECOMES. L. Lat. ' [L. Fr. 
 south-viscount] In old English law. Un- 
 der-sheriff. Spelman. 9 Co. 49 b. 
 
 SUCCESSIO. _ Lat. [from succedere, to 
 succeed, to come in place of, to come under, 
 from sub,. undev, and cedere, to come.] In 
 the civil law. A coming in place of an- 
 other, on his decease ; a coming into the es- 
 
sue 
 
 (493) 
 
 SUE 
 
 tate wHch a deceased person Lad at tie 
 time of his death. This was either by vir- 
 tue of an express appointment of the de- 
 ceased person by his will, (ex iestamenio,) 
 or by the general appointment of law in 
 case of intestacy, (ah intestato.) Inst. 2. 9. 
 7. Id. 3. 1. Heinecc. Mem. Jur. Civ. lib. 
 2, tit. 10. /c?. lib. 3, tit. 13. 
 
 The term successio is used by Bracton in 
 the same general sense, but particularly in 
 the latter, or, in other words, as descriptive 
 of that transmission of property by act of 
 law, in case of death, which is termed in 
 modern law descent. But his application 
 of it shows that the Roman ideas of succes- 
 sion were not by any means implicitly 
 adopted. His analysis of the word itself 
 places it in contrast with antecessio, and 
 antecessor, (ancestor,) terms wholly un- 
 known, in this sense, to the Roman law. 
 Antecessores — qui mortui sunt, et hceredes 
 antecedunt, i. cedunt ante, et hceredes ce- 
 dunt eis sub, quasi succedunt. ISst enim 
 cedere, quasi recedere, et est cedere alio sen- 
 su venire. (Ancestors who are dead, and 
 precede their heirs, i. e. go before, (cedunt 
 ante,) and the heirs succeed, or, as it were, 
 come under (cedunt sub,) them. For cedere 
 is, as it were, recedere, to go from, but, in 
 another sense, it signifies to come.) Bract. 
 fol. 67. Again, the terms successio and 
 hcereditas were clearly distinguished in the 
 Roman civil law, the latter word signifying 
 the estate itself; the former, the means by 
 which it was attained. See Inst. 2. 9. 7. 
 But Bracton uses them as synonymous. 
 Hcereditas est successio in universum jus 
 quod defunctus antecessor habuit, &c. ; in- 
 heritance is the succession to the whole 
 right which the deceased ancestor had, &c. 
 Bract, fol. 62 b. 
 
 Britton uses the Fr. succession in a simi- 
 lar way, to denote the attainment of pro- 
 perty as heir. Britt. c. 119. And suc- 
 cession is still employed in the law of France 
 and Scotland, in the general sense of the 
 civil law. See Succession. But in the 
 common law, it has been for the most part 
 superseded by the term descent, (q. v.) 
 
 SUCCESSION. Fr. and Eng. [from 
 Lat. successio, q. v.J In Scotch and mo- 
 dern civil law. A right to enter upon that 
 estate, real or personal, which one deceased 
 had at the time of his death. 1 Forbes^ 
 Inst, part 3, p. 74. See Hallifax, Anal. b. 
 2, c. 5, num. 20. — Succession is where one 
 comes to enjoy property in place of another. 
 BelVs Diet. 
 
 In the Civil Code of Louisiana, it is va- 
 riously defined ; as, 
 
 The transmission of the rights and obli- 
 gations of one deceased to his heir. Art. 
 867. 
 
 The whole estate, rights and charges, 
 which a person leaves after his death. Art. 
 868. 
 
 That right by which the heir can take 
 possession of the estate of the deceased, 
 such as it may be. Art. 870. In both 
 the latter senses, it is made synonymous 
 with inheritance, (hereditS.) 
 
 SUCCESSION. In the common law. 
 The right by which one set of men may, 
 by succeeding another set, acquire a pro- 
 perty in all the goods, moveables and other 
 chattels of a corporation. 2 Bl. Com. 430. 
 The power of perpetual succession is one 
 of the peculiar properties of a corporation. 
 2 Kent's Com. 267. 
 
 SUCCESSOR. Lat. and Eng. [from 
 succedere, to succeed, to come in place of.] 
 One who follows another ; one who comes 
 into the place of another ; one who comes 
 into, and occupies the place which another 
 has left; the correlative oi predecessor. A 
 term applied to corporations, in the same 
 sense as heir to individuals. The successors 
 of a corporation correspond to the heirs of 
 a natural person. See 2 Bl. Com. 430. 
 431. 2 Kent's Com. 273. 
 
 SUCCISION. L. Fr. Cutting. Dyer 
 35 b, (Fr. ed.) 
 
 SUCCURRITUR. Lat. In old Eng- 
 lish law. Relief (or succor) is given, 
 Fleta, lib. 2, c. 62, § 1 ; c. 63, § 4. 
 
 Succnrrltur mjnori ; facills est lapsus jii 
 vcntutis, A minor is [to be] aided; a 
 mistake of youth is easy, [youth is liable to 
 err.] Jenk. Cent. 47, case 89. 
 
 "SUCH," in a will, construed. 11 
 Fast, 594. 
 
 SUCKEN. Sc. In Scotch law. Lands 
 bound or astricted to a particular mill, or 
 the tenants or proprietors of which are 
 bound to use a particular mill. Bell's Diet. 
 
 To SUE. [from L. Fr. suer, seure, suyre, 
 from Lat. sequi, to follow.] In practice. 
 To follow at law ; to prosecute judicially; 
 to commence a suit ; to bring an action. 
 
 To prosecute an action already com- 
 menced ; to follow up an action to its pro- 
 per termination. This seems to have been 
 the original meaning of the word. See Suer 
 
 To SUE OUT. In practice. To obtain 
 judicially ; to issue. Applied only to pro- 
 cess ; particularly such as is granted special- 
 
SUG 
 
 (494) 
 
 SUI 
 
 ly. To sue out a writ is to obtain and issue 
 it ; to issue it on leave obtained for the 
 putpose. 
 
 SUER, Seuer, Suyre. L. Fr. To fol- 
 low ; to sue ; to prosecute or follow up. 
 Que trova seuerte de suer sa pleynte ; who 
 shall find surety to prosecute his plaint. 
 Britt. c. 27. Si nul voet suer, eit le roy la 
 suit; if no one will sue, the king shall 
 have the suit. Stat. Westm. 1, c. 1. 
 
 SUERTE, Seurte. L. Fr. Surety. 
 Britt. c. 26, 27. 
 
 SUERTE. Span. In Spanish law. A 
 small lot of ground. 5 Texas R. 83. 
 
 SUFFERANCE, [from L. Fr. suf- 
 fraunce ; L. Lat. patientia.'] Toleration; 
 permission, without right; permission by 
 neglect to enforce a right. See Estate at 
 sufferance. 
 
 SUFFRAGAN. [L. Lat. suffrac/aneus.\ 
 In English ecclesiastical law. A title given 
 to bishops, who are styled suffragan in re- 
 spect of their relation to the archbishop of 
 their province. But formerly each arch- 
 bishop and bishop had also his suffragan 
 to assist him in conferring orders, and in 
 other spiritual parts of his office within his 
 diocese. These are called suffragan bishops, 
 and resemble the chorepiscopi, or bishops 
 of the country, in the early times of the 
 Christian church. 1 Gibson's Codex, 155. 
 Hargr. Co. Litt. 94 a, note 3. 
 
 SUFFRAGIUM. Lat. In the Roman 
 law. A vote ; the right of voting in the 
 assemblies of the people. Butler's Hot. 
 Jur. 27. 
 
 Aid or influence used or promised to ob- 
 tain some honor or office ; the purchase of 
 office. Corf. 4. 3. iVoj;. pr. §1. Id. per tot. 
 
 SUFFRAUNCE. L. Fr. Sufferance. 
 Par la suffraunce et la negligence le verey 
 possessour ; by the sufferance and neglect 
 of the trne possessor. Britt. c. 47. 
 
 SU6GESTI0 FALSI. Lat. Repre- 
 sentation of untruth ; false representation. 
 To recite in a deed that a will was duly 
 executed, when it was not, is suggestio 
 falsi ; and to conceal from the heir that 
 the will was not duly executed, is suppres- 
 sio veri. 1 -P. Wms. 240. See Suppressio 
 veri. 
 
 SUGGESTION. [Lat. suggestio, from 
 suggerere, to suggest.] In practice. A 
 statement or entry made on a record by 
 way of information to the court; a state- 
 ment made incidentally, or out of the course 
 of pleading; a statement on record, of some 
 fact which has occurred in the progress of 
 
 a cause, such as the death of a co-plaintiff. 
 2 Arch. Pr. 294. Arch. Forms. 561. 
 
 SUGGRUNDIA, Suhgrundia, Suggrurir 
 da, Subgrunda, Sugrunda. Lat. In the 
 Roman law. The eaves of a house. Jlei- 
 necc. Mem. Jur. Civ. lib. 2, tit. 3, § 403, 
 note. Calv. Lex. Brissonius. 
 
 SUI H^REDES. Lat. In the civil 
 law. One's own heirs ; proper heirs. Inst, 
 2. 19. 2. Dig. 38. 16. See Hceredes sui. 
 
 SUI JURIS. Lat. In the civil layv. 
 One's own master; independent; not sub- 
 ject to the power of another. The title of 
 one of the leading divisions of persons. 
 Qucedam personce sui juris sunt, qucedam 
 alieno juri subjects ; some persons are in- 
 dependent, some subject to another's pow- 
 er. Inst. 1. 8, pr. Sui juris sunt omnes 
 qui non sunt in aliena potestate ; all those 
 are sui juris who are not in another's power. 
 Bract, fol. 6. See Big. 1. 6. 
 
 Having capacity to manage one's own 
 affairs ; not under legal disability to act for 
 one's self. See Story on Agency, § 2. 9 
 East, 206. 
 
 SUICIDE. [L. Lat. suieidium, from 
 sui, of one's self, and ccedes, a killing ; /«- 
 Ionia de se.] In 'criminal law. The feloni- 
 ous killing of one's self; the deliberate and 
 intentional destruction of one's self, by a 
 person of years of discretion and in his 
 senses; self murder.* 4 Bl. Com. 189. 
 Suicide involves the deliberate termination 
 of one's existence, while in the possession 
 and enjoyment of his mental faculties. 
 Self-slaughter by an insane man, or a luna- 
 tic, is not an act of suicide, within the 
 meaning of the law. Nelson, C. J. 2 HilPs 
 (N. Y.) i2. 7 5. See Felo de se. 
 
 In a larger sense, — the voluntary killing 
 of one's self, from whatever cause. See 5 
 Man. e& Gr. 639. 3 Man. Gr. e6 Scott, 458. 
 
 SUIT. L. Fr. and Eng. [L. Lat. secta, 
 from sequi, to follow ; Lat. lis, actio^ A 
 following; pursuit; prosecution.* The 
 prosecution of some claim, demand, or re- 
 quest. Marshall, C. J. 6 Wheaton's R. 407. 
 
 In law language, the prosecution of some 
 demand in a court of justice. Id. ibid. 
 A following, or following up at law ; the 
 pursuit of a right or remedy in form of • 
 law; judicial prosecution. In this sense, 
 suit is a term of more comprehensive im- 
 port than action, though commonly used 
 as synonymous with it. Sir Matthew Hale 
 speaks of " the business of prosecution or 
 suit," " the business of suit." Anal. sect. lii. 
 liii. In Finch's words, "suit is the parties 
 
SUI 
 
 (495) 
 
 SUM 
 
 dealing in the action." Lato,h. 4, eh. 2. Ac- 
 cording to Lord Coke, the word suit in- 
 cludes an execution, but the word action 
 does not. Thus, if the body of a man be ta- 
 ken in execution, and the plaintiff release all 
 suits, the execution is gone, but if he release 
 all actions, the defendant shall remain in 
 execution. Go. Litt.29l a. See 10 Whea- 
 ion's H. 30, Marshall, C. J. 2 Peters' JR. 
 449. 14 Id. 564. 
 
 In a stricter sense, — an action. The 
 terms suit and action are constantly used 
 as synonymous. Thus Blackstone speaks 
 of " the redress of private wrongs by suit or 
 action in courts." 3 Bl. Com. 3. "Mixed 
 actions are suits," &c. Id. 118. And in 
 every day practice, an action is constantly 
 termed a suit. To sue, is to commence an 
 action. But even in this application, suit 
 is the more general term of the two, em- 
 bracing proceedings both at law and in 
 equity. The expression "suit at law," 
 " suit in equity," " law suit," " chancery 
 suit," are constantly employed ; but the 
 term action seems to be properly confined 
 to law proceedings. " Action in equity" 
 is an expression rarely or never used. See 
 10 Faic/e's Chanc. B, 516, 517, Wal- 
 worth, C. 
 
 The term suit itself is purely French, 
 and had various senses in the old common 
 law, but, in the sense of an action or judi- 
 cial prosecution, seems to be derived from 
 that species of suit or secta which a plain- 
 tiff produced in court on making his count. 
 See infra. 
 
 SUIT. L. Fr. and Eng. [L. Lat. secta; 
 0. Sc. soyt^ In old English law. A fol- 
 lowing another ; attendance by a tenant on 
 his lord, especially at his court ; called suit 
 of court. A service by coming to the lord's 
 court. FincKs Law, b. 2, ch. 6, p. 144. 
 See Secta curiae. 
 
 Attendance for the purpose of perform- 
 ing some service, as to grind at a certain 
 mill. See Secta ad molendinum. 
 
 Pursuit of a fugitive felon. 1 Bl. Com. 
 297. See Becens insecutio. 
 
 A number of persons produced by a 
 plaintiff in court, simultaneously with mak- 
 ing his count or declaration, for the pur- 
 pose of confirming his allegations. Stepk. 
 PI. 429. See Secta. 
 
 SUIT, Suyt, Suyte. L. Fr. In old 
 English law. Suit ; action. Et si nul voile 
 suer, eit le roy la suit ; and if none will 
 sue, the king shall have the suit. Stat. 
 Westm. 1, c. 1. Apres quel temps cesse 
 
 lour suyt, et soit la suyt nosire ; after which 
 time their suit [right of action] shall cease, 
 and the suit shall be ours. Britt. c. 24. 
 
 The retinue, chattels, offspring and ap- 
 purtenances of a villein. Son villein oves- 
 que toute sa suite, et touts ses chateux. 
 Britt. c. 31. 
 
 The followers of a plaintiff, whom he 
 produced to support his count or declara- 
 tion. Car il en ad suyte bone et suffisaunte ; 
 for he hath good and sufficient suit thereof. 
 Id. ibid. Que tiel fait son droit, il tendy 
 suit <& dereigne bon ; that such was his right 
 he offers suit and good proof. Yearb. H. 
 5 Edw. III. 41. 
 
 SUITAS. L. Lat. In the civil law. 
 The condition or quality of a suus hceres, 
 or proper heir. Hallifax, Anal. b. 2, c. 
 9, num. 11. Calv.Lex. This term seems 
 to have been framed by the later civi- 
 lians. 
 
 SUITOR. [L. Lat. sectator; O.Sc.soy- 
 tour.l In old English law. One who at- 
 tended at court; one who did suit at court; 
 a tenant who attended his lord's court ; one 
 who attended court as a judge. In the 
 Saxon county court, the suitors of the court, 
 as they were called, that is, the freemen or 
 landholders of the county, were the judges. 
 1 Beeves' Hist. 7. 
 
 A credible witness by whom a plaintiff 
 supported his loquela or declaration; one 
 of his suit, secta, or following. 1 Beeves' 
 Hist. 248, 249. 
 
 In modern law. One who has a suit ; a 
 party to a suit ; one who attends court as 
 a party to a suit. 
 
 SULCUS. L.Lat. In old records. A 
 small brook or stream of water. Paroch. 
 Ant. 531. Cowell. 
 
 SULLERYE. In old English law. A 
 plough-land. Co. Litt. 5 a. Perhaps a 
 misprint for sulling, (q. v.) 
 
 SULLINGr. [L. Lat. sulinga.] In old 
 English law. A plough-land. Cowell, voc. 
 Swoling. 
 
 Sulhngs are explained to be elders, (al- 
 ders, a species of tree,) in Co. Litt. 4 b. 
 
 SUM. [L. Lat. summa.l In English 
 law. A summary or abstract ; a compen- 
 dium; a collection. Several of the old 
 law treatises are called sums. Lord Hale 
 applies the term to summaries of statute 
 law. See Summa. 
 
 SUMA, Summa. L. Lat. In old Eng- 
 lish law. A horse-load ; called, in English 
 a soame. Cowell. Fleta, lib. 2 c. 21. ' 
 
 A measure of grain containing eight 
 
SUM 
 
 (496) 
 
 STJM 
 
 bushels ; a quarter or seam. Cowell. Spel- 
 man. 
 
 SUMAGE, Summage. [L. Lat. suma- 
 ffium, summaffium.^ In old English law. 
 A horse-load ; a fall load, {onus integrum.) 
 Spelman. Cowell. 
 
 A toll for carriage on horse-hack. Cow- 
 ell. 
 
 Summa ratio est qua; pro religionc facit. 
 
 That reason or argument is of paramount 
 ■weight or authority which makes for [or 
 operates in support of] religion. Co. Litt. 
 341 a. 5 Co. 14 b. 10 Co. 65 a. If 
 ever the laws of God and man are at 
 variance, the former are to be obeyed in 
 derogation of the latter. BroorrHs Max. 
 17, [15.] 
 
 This maxim is taken from the civil law. 
 Summain esse rationem qus pro religione 
 facit. Big. 11. 8. 43. Grotius, de Jur. 
 Bell. lib. 3, c. 12, sect. 1. 
 
 Summa est lex quse pro religione facit. 
 That is the highest law which makes for 
 [goes in support of] religion. 10 Mod. 
 Ill, 119. 
 
 SUMMA. L. Lat. A summary; a 
 compendium. The compendium of Heng- 
 ham is divided into Summa Magna, and 
 Summa Parva, which, in some of the old 
 books, are called sums. See Hengham. 
 Gilbert de Thornton, chief justice of the 
 King's Bench in the reign of Edward I. 
 was the author of a summa or abridgment 
 of Braoton, of which Mr. Selden met with 
 a copy in Lord Burleigh's library. CrabVs 
 Hist. 199. 
 
 SUMMA GIUM. L. Lat. [from summa, 
 q. v.] In old English law. A horse-load. 
 Pro equo qui portat summagium. Cart, 
 de Forest, c. 14. 
 
 SUMMING UP. In practice. The 
 closing address of the counsel in a cause, 
 before the court and jury, after the evi- 
 dence has been gone through, recapitula- 
 ting the testimony, and urging the conclu- 
 sions sought to be drawn from it in be- 
 half of the client. 
 
 In English practice, the judge, in charg- 
 ing the jury, is skid to sum up. See 
 Charge. 
 
 SUMMONEAS. L. Lat. (You sum- 
 mon.) In old practice. A writ of sum- 
 mons ; a writ by which a party was sum- 
 moned to appear in court. The emphatic 
 word in many original writs, especially 
 those of prcecipe quod reddat, and in va- 
 rious others. 
 
 Summoneas ad auxiliandum- ; (you sum- 
 
 mon to aid.) A writ to summon a prayee 
 in aid. Jioscoe's Peal Act. 280. 
 
 Summoneas ad warrantizandum ; (you 
 summoned to warranty.) A writ which is- 
 sued to summon a party who had been 
 vouched to warranty. Roscoe's Peal Act. 
 268. 1 Peeves' Hist. 440. 
 
 SUMMONER. [L. Lat. summmifor.] 
 In old practice. A person by whom a de- 
 fendant was summoned to appear in court, 
 in compliance with a writ. These persons 
 are expressly mentioned in original writs ; 
 the sheriff being directed to summon the 
 defendant " by good summoners." It was 
 necessary that there should be two sum- 
 moners at least, who, if required, might be 
 able to testify that the summons was duly 
 made. Bract, fol. 333 b. They are men- 
 tioned by Blackstone as sheriff's messen- 
 gers, by whom defendants were summoned 
 or warned to appear in court at the return 
 of the original writ. 3 Bl. Com. 21 9. 
 
 A petty officer who called or cited per- 
 sons to appear in court. Called, in old Eng- 
 lish, a sumner. Cowell. 
 
 SUMMONITIO. L. Lat. [from sum- 
 monere, to summon.] In old English prac- 
 tice. A summoning or summons ; a writ 
 by which a party was summoned to appear 
 in court, of which there were various kinds. 
 Spelman. Fleta, lib. 6, c. 6. 
 
 A command or precept of the king that 
 one be before him, to answer or to do some- 
 thing ; or that one be, and have such a 
 one to answer, or to do something. Bract. 
 fol. 333. 
 
 A precept to the sheriff, that he cause 
 some one to come, or attach him, or have 
 the body of some one, or so attach him as 
 to be secure of having his body. Id. ibid. 
 
 SUMMONS. [L. Fr. sumounse ; L. 
 Lat. summonitio^ In old practice. A 
 writ directed to a sheriff, requiring him 
 to summon a defendant to appear in court 
 to answer a plaintiff's action. Original 
 writs were, in their nature, for the most 
 part, summonses. 
 
 A process by which a defendant was 
 summoned to appear in court in compli- 
 ance with an original writ, or by which he 
 had notice that the writ had been issued. 
 See 3 Bl. Com. 279. Poscoe'^s Peal Act. 
 147, 148. 
 
 *^* The process to bring the tenant or 
 defendant into court in all real actions, 
 with one or two exceptions, as in assise of 
 novel disseisin and the writ of deceit, was 
 a summons, commanding the sheriff to 
 
SUM 
 
 (497) 
 
 SUP 
 
 summon the tenant to appear in court, ac- 
 cording to the requisition of the writ. 
 This command was contained in the origi- 
 nal writ, and no separate writ of sum- 
 mons issued to the sheriff. Id. 146. The 
 summons, when actually made, was made 
 by the sheriff issuing his warrant to two 
 persons, called summoners in the original 
 writ, (and who usually were the sheriff's 
 baiUffs,) directing them to command the 
 tenant to render the land, as in the writ, 
 and unless he should do so, to summon 
 him to appear at the return of the writ. 
 On receiving this warrant, the bailiffs pre- 
 pared a summons, which pursued the form 
 of the warrant, and served it on the 
 tenant of the land. This was the correct 
 practice, as stated by Mr. Roscoe, though 
 according to Booth and Mr. Serjeant 
 Williams, no actual summons was, in their 
 time, ever made in any real action. Id. 
 ibid. 
 
 SUMMONS. In modern practice. A 
 writ or process by which an action is com- 
 menced, the defendant being thereby sum- 
 moned to appear in court to answer the 
 plaintiff.* In England, all personal ac- 
 tions are now commenced by one uniform 
 writ of summons, which is a writ issued 
 out of the court in which the action is 
 brought, "directed to the intended defend- 
 ant, commanding him to cause an appear- 
 ance to be entered in the action within 
 eight days after the writ shall have been 
 served upon him. 3 Steph. Com. 566. 
 
 The word summons is immediately de- 
 rived from the L. Fr. somounse, and seems 
 to be merely the Lat. summoneas, slightly 
 contracted. See Summoneas. 
 
 SUMMUM JUS. Lat. Strict right; 
 extreme right. 3 £1. Com. 392. Lord 
 Mansfield, C. J. 1 Burr. 54. The extrem- 
 ity or rigor of the law. Burr. Sett. Cas. 
 588. Lord Bacon applies the phrase to 
 strict law, untempered by equity. Works, 
 iv.274. 
 
 Samrnum jus, summa injuria. The rigor 
 
 of the law is the height of injury, or, (to 
 preserve the antithesis more closely,) ex- 
 treme right is extreme wrong. Hob. 125. 
 Branches Pr. Eight carried to an ex- 
 treme becomes wrong. 
 
 SUMPTUARY LAWS, [from Lat. 
 sumptus, expense.] Laws passed by a 
 government to restrain the expenditure of 
 its subjects or citizens, either in apparel, 
 food or otherwise; laws against luxury 
 and extravagant expenses of living.* In 
 
 Vol. IL 32 
 
 England, there were formerly a multitude 
 of penal laws to restrain excess in apparel, 
 chiefly made in the reigns of Edward III. 
 Edward IV. and Henry VIIL all of which 
 were repealed by the statute of 1 Jac. I. 
 c. 25. 4 Bi. Com. 110. See Montesquieu, 
 Esprit des Lois, liv. 7, cc. 1 — 6. 2 Kenfs 
 Com. 329, 330. 
 
 SUNDAY. [Lat. Dies Solis, Dies Do- 
 minicus.'] The first day of the week, on 
 which no judicial act can be done, and no 
 arrest made except in criminal cases. 3 
 Bl. Com. 290. 3 Chitt. Gen. Pr. 104. 13 
 WendelVs R. 426. But a private contract 
 made on Sunday is not for that reason in- 
 valid. Id. ibid. In Alabama, all contracts 
 made on Sunday, unless under the circum- 
 stances and for the purposes specified, are, 
 by statute, declared void. Code of Ala- 
 bama, (ed. 1852,) § 1571. 
 
 In computing the time of notices and 
 rules in practice, intermediate Sundays are 
 included and counted with ordinary week 
 days ; but where the last day falls on Sun- 
 day it is usually excluded, and the party 
 has the whole of the following Monday. 
 See 3 Chitt. Gen. Pr. 702. 
 
 SUP'D'G'US. A contraction of supra- 
 dictus, (q. V.) 1 Inst. Cler. 13. 
 
 SUPELLEX. Lat. In the Roman law. 
 Household furniture. Dig. 33. 10. 
 
 SUPER. Lat. Upon; above; over. 
 
 SUPER. A term in the English ex- 
 chequer. Bunb. 117. 
 
 SUPER ALTUM MARE. L. Lat. On 
 the high sea. Hob. 212. 2 Ld, Raym. 
 1453. Molloy de Jur. Mar. 231. 1 Kenfs 
 Com. 378. 
 
 SUPER VISUM CORPORIS. L. Lat. 
 Upon view of the body. 1 Bl. Com. 348. 
 The inquisition must be super visum cor- 
 poris. 11 Mod. 271. 
 
 SUPERARE RATIONES. L. Lat. In 
 old Scotch law. To have a balance of ac- 
 count due to one ; to have one's expenses 
 exceed the receipts. Skene de Verb. Sign. 
 voc. Scaccarium. 
 
 SUPERDEMANDA. L. Lat. In old 
 English practice. An over demand ; a de- 
 mand of more than was just or due. Cadit 
 in misericordiam pro superdemanda ; be- 
 comes subject to amercement for his over 
 demand. Bract, fol. 179 b. 
 
 SUPERFICIARIU8. Lat. [from super- 
 ficies, q. v.] In the civil law. One to 
 whom a superficies, or right of surface, 
 was granted; a superficiary. 1 Mackeld 
 Civ. Law, 362, 363, §§ 329, 330. 
 
SUP 
 
 (498) 
 
 SUP 
 
 Superficiarice cedes were buildings erect- 
 ed on hired ground, (m conducto solo.) 
 Dig. 43. 18. 2. 
 
 SUPERFICIES. Lat. In the civil law. 
 Surface ; every thing on the surface of a 
 piece of ground or of a building, and 
 which is so closely connected with it by 
 art or nature, as to constitute a part of 
 the same ; as houses, trees and vines. 1 
 Mackeld. Civ. Law, 361, § 329. See Big. 
 43. 18. According to Dr. Kaufmann, 
 superficies or superficium properly signi- 
 fies the surface, or every thing connected 
 with the surface of a piece of ground ; in 
 legal language, however, it denotes the 
 things connected with the surface of an- 
 other's ground as its accessory parts, and 
 especially a real right in them which is 
 granted to a person, {jus in re aliena.) Id. 
 ibid. note. 
 
 Snperflua non iiocent [noceant.] Super- 
 fluities do [should] not prejudice. Jenk. 
 Cent. 184. Cod. 6. 23. 17. Surplusage 
 does not vitiate. 
 
 SUPERINDUCTIO. Lat In the civil 
 law. A species of obliteration. Dig. 28. 
 4. 1. 1. See Inductio. 
 
 SUPERIOR. In Scotch law. One of 
 whom lands are held by another, answer- 
 ing to the lord, (dominus,) of the English 
 law. One who had the dominium directum, 
 (direct property,) of lands ; the direct pro- 
 prietor. See 1 Forbes' Inst, part 2, p. 97. 
 — The grantor of a feudal right, to be held 
 of himself. Bell's Diet. 
 
 SUPERIOR COURTS. In English law 
 and practice. The courts of the highest 
 and most extensive jurisdiction. A gene- 
 ral term of description, including the Court 
 of Chancer^/, and the three common law 
 courts of Queen's Bench, Common Pleas, 
 and Exchequer, which, from the circum- 
 stance of their being all holden at West^ 
 minster, are otherwise termed the Courts 
 at Westminster. 3 Steph. Com. 405. 
 
 According to Sir Matthew Hale, the 
 term superior, as applied to courts, denotes 
 a lower degree than supreme. Sale's Anal. 
 
 SUPERIOR AND VASSAL. In 
 Scotch law. A feudal relation corre- 
 sponding with the English lord and ten- 
 ant. See BelVs Diet. 3 BelVs Appeal 
 Cases, 128. 
 
 SUPERIORITY. In Scotch law. The 
 dominium directum of lands, without the 
 profit. 1 Forbes' Inst, part 2, p. 97. See 
 Bell's Diet. 
 
 SUPERONERARE. L. Lat. [from 
 super, over, and onerare, to burden.] In 
 old English law. To surcharge ; to over- 
 burden. Superoneravit ; has surcharged. 
 3 Bl. Com. 238. Quod talis injuste super- 
 oneravit communem pasturam suam ; that 
 such a one has unjustly surcharged his 
 common pasture. Bract, fol. 229. 
 
 SUPERONERATIO. L. Lat. [from 
 superonerare, q. v.] In old English law. 
 Surcharge; a surcharging; a putting of 
 more cattle on a common than the pasture 
 would sustain, or than the party had a 
 right to do. Duo competunt remedia de 
 superoneratione ; vel amensuratio, vel assisa 
 novce dissey since de communia pastures; 
 two remedies lie for the surcharge ; either 
 an admeasurement, or an assise of novel 
 disseisin of the common of pasture. Bract. 
 fol. 229 b. See Fleta, lib. 4, c. 23, § 4. 
 
 SUPERPLUSAGIUM. L. Lat. In old 
 English law. Overplus ; surplus ; residue 
 or balance. Bract, fol. 301. Spelman. 
 
 SUPERSEDE. [Lat. supersedere, from 
 super, above, and sedere, to sit.] Literally, 
 to set above ; to make void or inoperative 
 by a superior authority. 
 
 To stay, suspend or discharge some judi- 
 cial proceeding, by another proceeding of 
 higher efficacy. In this way, one writ is 
 frequently superseded by another writ ; as 
 execution by a writ of error, a capias by a 
 supersedeas, (q. v.) 
 
 In old practice. To omit ; to forbear ; 
 to refrain or desist from doing a thing. 
 In this sense, (which is the proper classi- 
 cal meaning,) the word is uniformly used 
 in the writs in the Register, being applied 
 to persons exclusively. Thus, a sheriff is 
 commanded that he supersede taking the 
 body of a party ; bailiffs, that they super- 
 sede holding plea, &c. See Supersedeas. 
 And the word is used in the same sense in 
 modern writs of supersedeas. 
 
 To neglect ; to disregard ; to refuse to 
 do. Quam si supersederint, tunc primo 
 distringantur ; which, if they disregard, 
 they shall first be distrained. Fleta, lib. 
 2, c. 60, § 36 ; c. 62, § 3. 
 
 SUPERSEDEAS. Lat. (You super- 
 sede or desist) In practice. A writ 
 issued for the purpose of relieving a party 
 from the operation of another writ, which 
 has been or may be issued against him ; a 
 writ issued to a ministerial officer, com- 
 manding him to desist from executing or 
 acting under another writ, which has been, 
 or may be, delivered to him. Thus, a de- 
 
SUP 
 
 (499) 
 
 SUP 
 
 fendant may, in certain cases, procure his 
 discharge from custody, under a capias, by 
 obtaining a writ of supersedeas to be 
 directed to the sheriff for that purpose. 
 1 Tidd's Pr. 279. 1 Burr. Pr. 399. 
 
 The name of this writ is derived from 
 its emphatic word in the Latin forms, a 
 great variety of which are to be found in 
 the Register. Tihi prcecipimus quod cap- 
 tioni corporis prcedicti Boberti, occasione 
 prmmissa, supersedeas usque ad, &c. ; we 
 command you that you supersede the tak- 
 ing of the body of the aforesaid Robert, 
 on the occasion aforesaid, until, &c. Beff. 
 Orig. 70 b, Vl a. Vohis prmcipimus quod, 
 si ita est, tunc executioni judicii per vos in 
 curia prcedicta redditi omnino supersedea- 
 tis ; we command you that if it be so, then 
 you wholly supersede the execution of the 
 judgment rendered by you in the court 
 aforesaid. Id. 145. And see Id. tabala. 
 
 SUPER-VIDERE. L. Lat. In old 
 English law. To over-see. Fleta, lib. 2, 
 0. 73, § 4. 
 
 SUPPLEMENT, Letters of. In Scotch 
 practice. A process by which a party not 
 residing within the jurisdiction of an infe- 
 rior court, may be cited to appear before 
 it. BelVs Diet. 
 
 SUPPLEMENTAL AFFIDAVIT. In 
 practice. An affidavit made in addition 
 to a previous affidavit, for the purpose of 
 supplying some deficiency in it. See 1 
 Burr. Pr. 344. 
 
 SUPPLEMENTAL BILL. In equity 
 pleading. A bill filed in addition to an 
 original bill, in order to supply some de- 
 fect in its original frame or structure. 
 Story's Eq. PI. § 332. It is the appro- 
 priate remedy where the matter sought to 
 be supplied cannot be introduced by 
 amendment. Id. ibid. § 333. Id. §§ 334 
 —338. See 3 Bl. Com. 448. 
 
 SUPPLETORY OATH. In modern 
 civil law. An oath administered to a 
 party himself, in cases where a fact has 
 been proved by only one witness, in order 
 to supply or mate up the necessary com- 
 plement of witnesses ; two witnesses being 
 always required to constitute full proof.* 
 3 Bl. Com. 370. Hallifax, Anal. b. 3, 
 c. 9, num. 30." 
 
 SUPPLICATIO. Lat. In the civil 
 law. A pleading corresponding to the 
 rejoinder of the common law. Calv. Lex. 
 voc. Explicatio. 
 
 SUPPLICAVIT. Lat. (He hath be- 
 sought.) In practice. A writ in the nature 
 
 of process at the common law, to find 
 sureties of the peace upon articles filed by 
 a party for that purpose. Now rarely used. 
 
 2 Story's Eq. Jur. § 1476. 4 Bl. Com. 253. 
 See Gilbert's For. Rom. 202. 2 Bep. in 
 Ch. 68. 
 
 SUPPLICIUM. Lat. In the civil law. 
 Punishment. Cod. 1. 9. 9. 
 
 SUPPO'IT'. A contraction of supposi- 
 tus. 1 Inst. Cler. 13. 
 
 SUPPONERE. Lat. In old English 
 law. To put under; to put in place of 
 another; to substitute fraudulently; to put 
 a false thing in place of the true or genu- 
 ine ; to put a strange child in place of the 
 true heir. Aliquando partus supponitur a.b 
 uxore, — et aliquando d custode, qui {inortuo 
 vero hmrede) supponit extraneum, et nutrit 
 ut hmredem ; sometimes a child is fraudu- 
 lently substituted by the wife, and some- 
 times by the guardian, who (on the death 
 of the true heir) substitutes a strange child 
 and brings it up as heir. Bract, fol. 69. 
 Partus suppositus ; a substituted or sup- 
 positious child. Id. ibid. 
 
 SUPPORT, Bight of. A right arising 
 from contract, or prescription which sup- 
 poses a contract, where the owner of a house 
 stipulates to allow his neighbor to rest his 
 timbers on the walls of his house. 3 Kent's 
 Com. 436. 
 
 SUPPRESSIO VERL Lat. Suppres- 
 sion or concealment of the truth ; one of 
 the classes of fraud. "It is a rule of 
 equity as well as of law, that a suppressio 
 veri is equivalent to a suggesiio falsi ; and 
 where either the suppression of the truth, 
 or the suggestion of what is false can be 
 proved, in a fact material to the contract, 
 the party injured may have relief against 
 the contract." Spencer, C. J. 18 Johns. 
 B. 405. See 13 Peters' B. 36, Barbour, J. 
 See Suggestio falsi. 
 
 SUPRA. Lat. Above; over. 
 
 SUPRA PROTEST. (Over protest.) 
 In mercantile law. A term applied to an 
 acceptance of a bill by a third person, after 
 protest for non-acceptance by the drawee. 
 
 3 Kent's Cum. 87. 
 SUPRADICTUS. L.Lat. Above said; 
 
 aforesaid. 
 
 SUPREM A VOLUNTAS. Lat. The last 
 will. Et suprema voluntas quod mandat 
 fierique jubet, parere necesse est ; and what 
 a last will commands and orders to be done 
 must be obeyed. Doderidge, J. Latch, 137* 
 
 SUPREMUS. Lat. In the civil law." 
 Last; the last. Supremns est qnsm nciao 
 
SUR 
 
 (500) 
 
 SUR 
 
 Sec[UitllTi He is last, -whom no one follows. 
 Dig. 50. 16. 92. 
 
 SUPREME, [from Lat. supremus, high- 
 est.] The proper title of the highest 
 courts in a state. HaWs Anal. sect. xi. 
 
 SUR. L. Fr. Upon. Sur cognizance de 
 droit; upon acknowledgment of right. 
 See Fine of lands. 
 
 SURCESSER. L.Fr. In old practice. 
 To supersede ; to desist ; to surcease. 
 Tearh. H. 3 Hen. VI. 15. 
 
 SURCHARGE. L.Fr. and Eng. [Lat. 
 superoneratio-l The putting by a common- 
 er, of more beasts on the common than he 
 has a right to. 3 Bl. Com. 287. 
 
 In equity practice. The showing an 
 omission in an account for which credit 
 ought to have been given. Pulling on 
 Merc. Accounts, 161. 1 Story's Eq. Jur. 
 § 525. It is used in contradistinction to 
 the vi ox A. falsify. Id. ibid. 
 
 SURCHARGER. L. Fr. To sur- 
 charge. Surcharger cele commune. Britt. 
 c. 58. 
 
 SURDRE. L. Fr. To arise; to be 
 raised. Purrount surdre excepcions ; ex- 
 ceptions or pleas may be raised. Britt. c. 48. 
 
 SURDUS. Lat. In the civil law. 
 Deaf; a deaf person. Inst. 2. 12. 3. Sur- 
 dus et mutus ; a deaf and dumb person. 
 Id. ibid. Dig. 28. 1. 6. 1. Id. 28. 1. 1. 
 Id. 50. IT. 124. Fleta, lib. 6, c. 38, § 1 ; 
 c. 40, § 2. 
 
 SURETY. [Lat. fidejussor; O. Sc. 
 sovertie.'] One who is bound for another 
 who is primarily liable, and is called the 
 principal. One who engages to be answer- 
 able for the debt, default, or miscarriage of 
 another ; one who undertakes to do some 
 act in the event of the failure of another to 
 do it, and as a security for its being done. 
 See Suretyship. 
 
 SURETYSHIP. [L&i. fide^ussio ; cau- 
 tio.'\ The liability or contract of a surety. 
 A contract of suretyship is a contract where- 
 by one person engages to be answerable for 
 the debt, default, or miscarriage of another. 
 Pitman, Princ. <ft Surety, 1, 2. See Burge 
 on Suretyship, 1 — 15. 
 
 SURMISE. L. Fr. and Eng. In old 
 practice. Suggestion. " The plaintiflF, upon 
 a surmise of goods comfi to the hands of 
 the executors, shall have a sci. fa." 1 Leon. 
 68. Id. 286. Hardr. 82. 311. 
 
 To SURMISE. In old practice. To 
 suggest. " A plaintiff surmised by his 
 counsel." 1 Leon. 44. " A juror did sur- 
 mise." Id. 207. 
 
 SURNOSME. L. Fr. A surname ; an 
 over-name. Britt. c. 48. 
 
 SURPLUS, Surpluis. L. Fr. Excess. 
 Britt. c. 110. 
 
 SURPLUSAGE. L. Fr.andEng. [L. 
 Lat. surplusagium.'] Excess ; superfluity ; 
 more than is necessary or proper. 
 
 In old law. A sum remaining over ; a 
 balance. " Surplusage of an account." 1 
 Leon. 219. 
 
 In pleading. Unnecessary matter of 
 whatever description. Steph. PI. 422. 
 
 In a stricter sense, — matter wholly for- 
 eign and irrelevant. Id. ibid. note. 
 
 SURPRISE. L. Fr. and Eng. [from Fr. 
 surprendre, from sur, over, a.'aA prendre, to 
 take.] The state of being taken unexpec- 
 tedly or unawares ; sudden confusion or 
 perplexity. Literally, an overtaking. One 
 of the grounds of relief in equity. 
 
 Mr. Justice Story has observed, that 
 " there does not seem any thing technical 
 or peculiar in the word surprise, as used in 
 courts of equity. Where a court of equity 
 relieves on the ground of surprise, it does 
 so upon the ground that the party has been 
 taken unawares, and that he has acted with- 
 out due deliberation, and under confused 
 and sudden impressions." 1 Story^s Eq. 
 Jur. § 120, note. 
 
 In a looser, sense, the word surprise is 
 sometimes used to denote fraud, or some- 
 thing presumptive of, and approaching to 
 fraud. Id. ibid. 
 
 SURREBUTTER, [from Fr. sur, above, 
 and rebutter, q. v.] In pleading. The 
 plaintiff's answer of fact to the defend- 
 ant's rebutter. Steph. PI. 59. 
 
 SURREJOINDER, [from Fr. sur, above, 
 and rejoinder, q. v.] In pleading. The 
 plaintiff's answer of fact to the defend- 
 ant's rejoinder. Steph. PI. 59. 
 
 SURRENDER. L, Fr. and Eng. [from 
 sur, over, and rendre, to give or render.] 
 A yielding up an estate for life or years to 
 him that hath an immediate estate in re- 
 version or remainder, wherein the estate 
 for life or years may drown [merge,] by 
 mutual agreement between them. Co. Lit't. 
 337 b. The falling of a less estate into 
 a greater. 2 Bl. Com. 326. 4 Xenfs 
 Com. 103. 
 
 The giving up by bail, of their principal 
 into custody, in their own discharge. 1 
 Burr. Pr. 394. 
 
 SURRENDEROR. In English law. A 
 party who surrenders, or makes a surren- 
 der. 5 East, 132. 9 Id. 405. 
 
SUR 
 
 (501) 
 
 SUT 
 
 SURRENDEREE. In Englisli law. A 
 party to whom a surrender is made. 
 
 SURREPTITIOUS. [Lat. surreptitius, 
 from surrepere, to creep in, or under.] 
 Stealthily or fraudulently done, taken 
 away or introduced. 
 
 SURROGATE, [from L. Lat. surroga- 
 tus, from surrogare or subrogare, to sub- 
 stitute.] One who is substituted or appoin- 
 ted in the room or place of another ; one 
 who represents or acts for another. 
 
 In English law. A bishop's chancellor ; 
 an oflBcer who usually presides in the 
 bishop's diocesan court, and by whom, as 
 the representative of the ordinary, letters 
 of administration are granted where the 
 spiritual court is not presided over by a 
 judge. Holtliouse. 
 
 In American law. A county oflBcer who 
 has jurisdiction in granting letters testa- 
 mentary and letters of administration, and 
 of other matters relating to the settlement 
 of the estates of testators and intestates. 
 2 Kenfs Com. 409, et seq. 
 
 SURSISA. L. Lat. [from L. Fr. sMr- 
 sise, q. v.] In old English law. Neglect ; 
 default. Potest defendere summonitionem 
 et sursisam ; he may, defend [deny] the 
 summons and the default. Bract, fol. 356. 
 
 SURSI8E. L. Fr. [from sursiser, q. v.] 
 In old English law. Neglect ; omission ; 
 default ; a ceasing or cessation. De 
 somounses, et de sursises, et de essoines. 
 Britt. c. 120. E ki le cri orat e sursera, la 
 sursise li Rei amend ; and whoever hears 
 the cry [hue and cry] and neglects to pur- 
 sue it, shall make amends for the neglect 
 to the king. LL. Qui. Oonq. 1. 48. 
 
 SURSISER, Surcesser. L. Fr. To 
 neglect; to omit doing a thing; to sur- 
 cease ; to fail to obey process. Si levesque 
 sursist nostre somounse, si soil attache de 
 vener par destresse ; if the bishop fail to 
 obey our summons, he shall be attached to 
 appear by distress. Britt. c. 26. See 
 Sursise. 
 
 SURSUM REDDERE. L. Lat. In old 
 conveyancing. To render up ; to surrender. 
 
 SURSUM .REDDITIO. L. Lat. In old 
 conveyancing. A surrender. 
 
 SURVIVE, [from Fr. survivre, from 
 sur, over, and vivre, to live.] To outlive ; 
 to live beyond another; to over-live. 
 
 SURVIVOR. {^B& survive.'] One who 
 survives another ; one who outlives another ; 
 one of two or more persons who lives after 
 the other or others have deceased; the 
 longest liver of two or more joiut-tenants, 
 
 or of any two or more persons who have a 
 joint interest in any thing. See 2 Bl. Com,. 
 183, 184. 
 
 Survivors, (plur.) Two or more of cer- 
 tain individuals named or referred to, who 
 are living when any other or others of them 
 happen to die. See 1 Gushing'' s B. 118. 
 11 Grattan'sB. 67. 
 
 This is the natural and proper meaning 
 of the term, which is usually given to it 
 by the courts, in the constructions of wills. 
 2 Jarmanon Wills, 609—616, (435—439, 
 Perkins' ed. 1849.) In some cases, how- 
 ever, survivor has been construed to mean 
 other, where it has appeared necessary in 
 order to give effect to the apparent inten- 
 tion of the testator. See Id.. 616—619, 
 (440 — 442, Perkins' ed.) 2 Williams on 
 Exec. 1256. 
 
 SUS. L. Fr. Upon. Susdit ; afore- 
 said. Kelham. 
 
 SUS. PER COLL. L. Lat. An abbre- 
 viation of suspendcbtur per collum ; let him 
 be hanged by the neck. Words formerly 
 used in England in signing judgment against 
 a prisoner who was to be executed ; being 
 written by the judge in the margin of the 
 sheriff's calendar or list, opposite the pri- 
 soner's name. 4 Bl. Com. 403. " Judg- 
 ment was given quod suspendatur per col- 
 lum." 11 Mod. 230. " All the men con- 
 demned at the Old Bailey are hanged by 
 this short note, — suspens. per coll." Holt, 
 G. J. 5 Id. 22. 
 
 SUSPENDERE. L. Lat. In old Eng- 
 lish law. To hang ; to execute by hang- 
 ing. Suspensus ; hanged. See Sus. per 
 coll. 
 
 SUSPENSION. In Scotch law and 
 practice. A writ passing under the signet, 
 by which the diligence of the law, or the 
 effect of a judgment of a court may be 
 suspended. BelVs Diet. 
 
 SUSUM. In old European records. A 
 form of the Lat. sursum, up, upwards. 
 Susum aut jusum was written for sursum 
 aut deorsum, up or down. Spelman, voce. 
 Susum, Josum. The phrase sursum versum 
 vel deorsum, (upwards or downwards,) oc- 
 curs in the Digests. Dig. 38. 10. 10. 9, 12. 
 But in the late Kriegel editions of the 
 Corpus Juris, susum is substituted for 
 sursum. 
 
 SUTE. L. Fr. In old English law. 
 Suit; prosecution; service. Kelham. 
 Sute a molyn ; suit at mill. See Secta ad 
 molendinum. 
 
 SUTH. L. Fr. In old English law. 
 
SYB 
 
 (502 ) 
 
 SYN 
 
 Under. Suth dit ; under said ; hereafter 
 said. Kelham. 
 
 SUTORIA. L. Lat. In old EnglisL 
 law. The trade or occupation of a shoe- 
 maker. Etiam de Mis qui duohus utuntur 
 officiis, videlicet, sutorise et tannerice ; also 
 of those who practice two trades, for in- 
 stance, those of shoemaker and tanner. 
 Fleta, lib. 2, c. 52, § 35. 
 
 SUUM. Lat. His; his own. As to 
 the construction of this word, in the civil 
 law, sec Dig. 56. 16. 239. 9. 
 
 SUUiS. Lat. His. As to the con- 
 struction of this word, in the civil law, see 
 Dig. 32. 71, et seg. 
 
 SUUS H^RES. Lat. In the civil 
 law. A proper heir ; a right heir. Inst. 
 3. 1. 4. 
 
 SUUS JUDEX. L. Lat. In old Eng- 
 lish law. A proper judge ; a judge having 
 cognizance of a cause. Literally, one's 
 own judge. Bract, fol. 401. 
 
 STJYT,Suyie. L.Fr. Suit; following. 
 Britt. c. 28. 
 
 SUZEEEIGN. L. Fr. In French and 
 feudal law. The immediate vassal of the 
 king; a crown vassal. Butler's Co. lAtt. 
 Note 11, lib. 3. 
 
 SWAIN-MOTE, Swein-mote, Swairirge- 
 mote. [from Sax. swang, an attendant, or 
 bocland-man, or freeholder, and mote, or 
 gemote, a meeting.] In forest law. A 
 court holden before the verderors, as judges, 
 by the steward of the swein-mote, thrice in 
 every year, the sweins or freeholders with- 
 in 'the forest composing the jury. Its 
 principal jurisdiction is first, to inquire into 
 the oppressions and grievances committed 
 by the oflttcers of the forest ; and secondly, 
 to receive and try presentments certified 
 from the court of attachments against of- 
 fences in vert and venison. 3 Bl. Com. 
 11, 72. Cowell. 
 
 S WANIMOTUM, Swainimotum, Swayn^ 
 motum. L. Lat. In old English law. The 
 swain-mote, or court of swainmote, (q. v.) 
 Spelman. Cart, de Forest, c. 8. 
 
 SWOLING, Swuling, Suling. [from 
 Sax. sul, a plough ; L. Lat. swulinga, 
 sulinga.'] In old records. A plough-land, 
 or hide of land. Cowell. Spelman. 
 
 SWOEN BROTHERS, [Lat. fratres 
 juratLI In old records. Persons who by 
 mutual oath covenanted to share each 
 other's fortune. LL. JEdw. Conf. c. 35. 
 Paroch. Ant. 57. Cowell. 
 
 SY, Si. L. Fr. If; so. See Si. 
 SYB & SOM. Sax. Peace and secu- 
 
 rity. Words occurring in the laws of Ca- 
 nute. Fallum Cristenum mannum syb & 
 som gemene ; to all Christian men let there 
 be common peace and security. LL. Fccles. 
 Canuti R. c. 17. 
 
 SYLVA. Lat. In the civil law. Wood. 
 See Silva. 
 
 In old Scotch law. " Ane wood neare 
 adjacent to ane flude of water." Skene de 
 Verb. Sign. voc. Forestarius. 
 
 SYLVA C^DUA. Lat. In ecclesias- 
 tical law. Wood of any kind which was 
 kept on purpose to be cut, and which being 
 cut grew again from the stump or root. 
 Lyndw. Prov. 190. 4 Reevei Hist. 90. 
 See Silva ccedua. 
 
 SYMBOL^OGRAPHY. [from Gr. r«^- 
 /JoXaioypo^os, q. V.] The art of drawing 
 written instruments. So defined by West, 
 in his " Symboleography," part 1, lib. 1, 
 sect. 1. West's Symboleography is refer- 
 red to, as authority, by Mansfield, C. J. 2 
 Taunt. 85. 
 
 zrMB0AAI0rPA*02, J.vji0o\awypi^os. Gr. 
 
 [from cvfipexaiav, an instrument, and ypiptv, 
 to write.] In the civil law. A writer of 
 instruments ; a tabellion. JVov. 44, in tit. 
 Id. pr. Id, cc. 1, 2. Ifov. 47, c. 1. JVov. 
 73, c. 5. ^ 
 
 XYMBOAAION, 'ZvjtfSSh.atov. Gr. In the civil 
 law. An instrument in writing ; a written 
 instrument. Nov. IS, c. 10. Nov. 19. 
 Nov. 44, pr. c. 1, §§ 1, 2, 4; c. 2. Nov. 
 47, in tit. Id. pr. Id. c. 1. Id. 73. 
 
 SYMBOLIC DELIVERY. In the law 
 of sale. A delivery by symbol; the de- 
 livery of a thing by delivering another 
 thing as the symbol or representation of 
 it ; as the delivery of goods deposited in 
 a warehouse by delivering the key of the 
 warehouse, the transfer of a ship at sea by 
 the delivery of a bill of sale, and of a 
 cargo by the indorsement and delivery , of 
 the bill of lading. 2 Kent's Com. 500 — 
 502. See 8 Howard's B. 399, Taney, 
 C.J. 
 
 SYMnAOiA, z«;j7rXoia. Gr. [from civ, to- 
 gether, and irXew, to sail.] A sailing to- 
 gether ; a sailing of vessels in company, 
 (SYMPLOIA.) Loccen. de Jur. Mar. lib. 
 2, c. 2, § 1. 
 
 SYNAAAAFMA, ^miWayiia. Gr. [from o-ijv- 
 
 aXUrrii), to coutract mutually, from dv, to- 
 gether, and dXXoTru, to change.] In the 
 civil law. An exchange or interchange ; 
 an exchange of acts by the parties to a 
 contract ; a reciprocal performance of both 
 parties to a contract, each giving or doing 
 
SYN 
 
 (603) 
 
 TAB 
 
 something; the giving or doing of one 
 thing in exchange for, or in consideration 
 of, the giving or doing of another thing. 
 A mutual obligation; a contract. Dig. 
 50. 16. 19. It implied the doing of some 
 act by both parties, in addition to the 
 words of the contract. Calv. Lex. See 
 Cowell, voc. Quid pro quo. 
 
 SYNALLAGMATIC CONTRACT, 
 [from Gr. awiWayiia, q. v.] In the civil 
 law. A bilateral or reciprocal contract, in 
 which the parties expressly enter into 
 mutual engagements, each binding himself 
 to the other. Fothier Obi. part 1, c. 1, 
 sect. 1, art. 2. Civil Code of Louis. Art. 
 1758. 
 
 _ SYNDIC. In French law. The as- 
 signee of an insolvent's or bankrupt's 
 estate. 9 Peters^ £. 182. 17 Howard's 
 B. 157. 
 
 A person elected by a commune, or 
 other society, to have the care of their 
 suits and legal affairs, or of their affairs 
 generally. Meredith's Emerigon on Ins. 
 43, note. 
 
 An officer in a village, answering to the 
 Span, regidor, whose duty was to see to 
 the repairs of common fences. 12 Peters' 
 JR. 450. 
 
 SYNDICUS. GriBco-Lat. [from Gr. ^i., 
 with, and Biar!, a cause.] In the civil law. 
 A defender (defensor;) one who was 
 chosen to prosecute or defend a certain 
 cause. Big. 50. 4. 18. 13. Hence the 
 modern syndic, (q. v.) 
 
 SYNGRAPHON, Syngrapha. See the 
 next word. 
 
 srrrPAitoN, tiyy^ai^ov. Gr. [from rfv, to- 
 gether, and ypi^civ, to write.] In the civil 
 and canon law. A writing comprising 
 some contract between two, and being in- 
 dented in the top, answerable to another 
 that likewise contains the same contract ; 
 an indenture. Cowell, voc. Indenture. Co. 
 Litt. 229 a. The civilians defined this 
 kind of instrument to be, — a writing in- 
 dented between creditor and debtor, on 
 the cutting of which (in cujus scissura, 
 that is, the part where it was cut through,) 
 is written in capital letters this word, 
 sYrrpA*H, or, in the plural, ta srrrpA>iA ; 
 and it differs from a chirograph, (;^£ipi!)'pa0ov) 
 because the latter is written by the hand 
 of one only, say the debtor, and left in 
 possession of the creditor. Cowell, ub. 
 sup. See 2 Bl. Com. 296. 
 
 SYNOTH, Synod. A name given to 
 the national councils of the Saxons, from 
 
 their religious character. Crabb's Hist. 
 Eng. Law, 229. See Michel-synoth. 
 
 SYR. L. Fr. Sir. A word used by 
 counsel in addressing a court. Keilw. 
 170 b. Year Books, passim. 
 
 T. 
 
 T. An abbreviation of Teste, (q. v.) in 
 old writs. 1 Inst. Cler. 13. 
 
 T. An abbreviation of Termino, or 
 Term, in the old reports. 
 
 T. R. E. An abbreviation of Tempore 
 Regis Edwardi, (in the time of King Ed- 
 ward,) of common occurrence in Domes- 
 day, when the valuation of manors, as it 
 was in the time of Edward the Confessor, 
 is recounted. Cowell. 
 
 TABELLA. Lat. In the Roman law. 
 A tablet ; a small table, on which some- 
 thing short might be written. Used in 
 voting, and in giving the verdicts of juries; 
 and when written upon, commonly trans- 
 lated ballot. Adam's Bom. Ant. 100, 285. 
 The laws which introduced and regulated 
 the mode of voting by ballot were called 
 leges tabellarice. Id. 99. Calv. Lex. 1 
 Kent's Com. 232, note. 
 
 TABELLIO. Lat. [from tabella, or 
 tabula, a tablet or written instrument ; Gr. 
 ffu/i/SoXaioypa^os.] In the civil law. An offi- 
 cer whose functions were similar to those 
 of the modern notary, being described as 
 " a public writer of contracts," and " one 
 who drew, wrote out, and attested instru- 
 ments." Calv. Lex. See Cod. 4. 21. 16, 
 17. JSTov. 1, c. 7. N'ov. 44. Jfov. 73. 
 His office seems to have been to write out, 
 in form, the rough drafts or notes of in- 
 struments prepared by another officer call- 
 ed notarius, and attest and authenticate 
 their execution. P. Cyclopaedia, voc. No- 
 tary. The tabelliones were important offi- 
 cers, having charge of the public records, 
 and exercising in some cases judicial pow- 
 ers. Brande. 
 
 In France, the title and office of tabel- 
 lion were united with those of notary, at 
 an early period. In England, Matthew 
 Paris, writing A. D. 1236, observes, that 
 they were not known. Tabellionum usus 
 in regno Anglioe non habetur. Matt. Par. 
 fol. 424. Oouiell. Bracton, however, dis- 
 tinctly mentions such an officer, and 
 speaks of him as a public servant. Tabel- 
 lio qui dicitur servus publicus. Bract fol 
 4 b. 
 
 TABERNA. Lat. [from tabula, a 
 
TAB 
 
 (504) 
 
 TAG 
 
 board.] In the civil law. A shop, as be- 
 ing inclosed with boards, {(juod tabulis 
 elauditur.) Dig. 14. 3. 3. Id. 14. 3. 5. 
 10, 13. Id. 14. 3. 8. Id. 14. 3. 13. 2. 
 Id. 14. 3. 18. 
 
 Any building fit for habitation, {omne 
 utile ad hdbitandum cedificium.) Dig. 60. 
 16. 183. 
 
 A wine-shop. Calv. Lex. 
 
 In old English law. A drinMng house ; 
 a tavern. Taverns and wakes (tabernw 
 vigiliceqve,) are spoien of in Fleta, as 
 places of nocturnal resort by servants, to 
 the neglect of their duties. Meta, lib. 2, 
 c. 12, 1 9. And see Id. c. 82, § 3. 
 
 TABERNACFLUM. L. Lat. In old 
 records. A public inn, or house of enter- 
 tainment. Uonsuet. Dom. de Farendon, 
 MS. fol. 48. Cowell. 
 
 TABERNARIUS. Lat. [from taberna, 
 a shop.] In the civil law. A shop-keeper. 
 Dig. 14. 3. 5. 1. 
 
 In old English law. A tavemer or 
 tavern-keeper. Fleia, lib. 2, c. 12, § 17. 
 
 TABLE RENTS. [L. Lat. redditus ad 
 mensam.'] In old English law. Rents 
 paid to bishops or religious prelates, re- 
 served or appropriated to their tables or 
 house-keeping. Cowell. 
 
 TABLE DE MARBRE. Fr. In old 
 French law. Table of Marble ; a principal 
 seat of the Admiralty, so called. These 
 Tables de Marbre are frequently mention- 
 ed in the Ordonnance of the Marine. Ord. 
 Mar. liv. 1, tit. 1, art. 10; tit. 2, art. 13; 
 tit. 3, art. 3. 
 
 TABULA. Lat, In the civil law. A 
 table or tablet; a thin sheet of wood 
 which, when covered with wax, was used 
 for writing. 
 
 An instrument written on such a tablet. 
 Tabulce, in the plural, is commonly used 
 to signify a testament. Inst. 3. 10. 1. See 
 Id. 2. 10. 12. Dig. 29. 3. Id. 37. 11. 
 But it was immaterial, in this case, what 
 was the material of the table; whether 
 wood, or any other material, as paper, 
 parchment, or the skin of an animal. Dig. 
 37. 11. 1, pr. 
 
 A tablet or board for painting pictures 
 on. Inst. 2. 1. 34. Si quia in aliena, 
 tabula pinxerit, quidam putani tabulam 
 picturce cedere ; aliis vidktur picturam, 
 qualiscunque sit, tabute cedere; sed nobis 
 videtur melius esse, tabulam picturce cedere. 
 Ridiculum est enim, picturam Apellis vel 
 Parrhasii in accessionem vilissimce tabulae 
 cedere; if one should paint on the tablet of 
 
 another, some think that the tablet goes with 
 the painting ; others think that the paint- 
 ing,- of whatever kind it be, goes with the 
 tablet ; but it appears to us to be the bet- 
 ter opinion that the tablet should go with 
 the painting. For it would be ridiculous 
 that a painting of Apelles or Parrhasius 
 should go as an accessory to a worthless 
 tablet. Id. ibid. See 1 W. Bl. 324; 
 Blackstone, arg. 
 
 TABULA. Lat. A board or plank. 
 
 Tabula in naufragio ; a plank in a ship- 
 wreck. A figurative expression used in 
 the English books, to denote that prefer- 
 ence or priority among mortgagees, for 
 which they are allowed to struggle, and 
 which is gained by tacking. The English 
 doctrine of taclcing was first solemnly 
 established in Marsh v. Lee, (2 Vent. 387,) 
 under the assistance of Sir Matthew Hale, 
 who compared the operation to a plank in 
 a shipwreck, gained by the last mortgagee. 
 4 ITent's Com. 177. 
 
 TABULA. Lat. In the Roman law. 
 Tables. Writings of any kind used as 
 evidences of a transaction. Adam's Rom. 
 Ant. 284. Brissonius. 
 
 Tabulce accepti et expensi; tables of re- 
 ceipt and expense ; account books. Ad. 
 Bom. Ant. 284, 547. 
 
 TABULARIUS. Lat. [from tabula, 
 q. v.] A notary, or tabellio. Calv. Lex. 
 An oflScer who drew up or prepared writ- 
 ings, {tabulce.) Nov. 73, c. 8. See Ta- 
 bellio. 
 
 TAG, Tak. In old records. A kind of 
 customary payment by a tenant. Cowell. 
 
 TAG-FREE. In old records. Free 
 from the common duty or imposition of 
 tac. Cowell. 
 
 TACIT, [from Lat. tacitus, q. v.] Im- 
 plied ; not expressed. See Taiitus. 
 
 TACITUS. Lat. [from tacere, to be 
 silent.] Silent ; not "speaking ; not ex- 
 pressed in words ; tacit ; implied. Con- 
 ditio tacita ; a tacit condition. Bract, fol. 
 19. Tacita quceddm habentur pro ex- 
 pressis ; some tacit things are regarded as 
 expressed. Branch's Pr. Taciturn vel 
 expressum. Fleta, lib. 3, c. 12, § 1. 
 
 TACIT RELOCATION. In Scotch 
 law. An implied re-letting of premises, 
 where the tenant continues in possession 
 after the expiration of his term ; a tacit 
 renewal of the lease or tack. 1 Forbes' 
 Inst, part 2, p. 153. 
 
 TACIT TACK. In, Scotch law. , An 
 implied tack or lease ; inferred from a 
 
TAI 
 
 ( 505) 
 
 TAK 
 
 tacksman's possessing peaceably after bis 
 tack is expired. 1 Forbes' Inst, part 2, p. 
 153. 
 
 TACK. In Sootcb law. A contract 
 ■wbereby tbe use of any tbing is set or let 
 for bire, or a reserved rent, called tbe lack 
 duty, from and to a determined time. 
 Termed also an assedation. 1 Forbes' Inst. 
 part 2, p. 163. A lease. 
 
 TACKSMAN. In Sootcb law. A ten- 
 ant, or lessee ; one to wbom a tack is grant- 
 ed. 1 Forbes' Inst, part 2, p. 153. 
 
 TACKING. Tbe uniting securities giv- 
 en at different times, so as to prevent any 
 intermediate purcbaser from claiming a 
 title to redeem or otberwise discbarge one 
 lien, wbicb is prior, witbout redeeming or 
 discbarging tbe otber liens, also, wbicb are 
 subsequent to bis own title. 1 Story's Fq. 
 Jut. § 412. Tbe term tacking in Englisb 
 law is particularly applied to mortgages, 
 and is descriptive of the metbod by wbicb 
 a tbird mortgagee may obtain a priority over 
 a second by buying in tbe first mortgage 
 and uniting it to bis own. See Goote on 
 Mortgages, 391, et seq. 4 Kent's Com. 1V6. 
 1 White's Eq. Gas. 406, 410. Tbe doc- 
 trine of tacking is not recognized in Ameri- 
 can law. 4 Kent's Gam. 1Y9. 1 White's 
 Eq. Gas. 414, (Am. ed. note.) 
 
 TACTIS SACROSANCTIS. L. Lat. 
 In old Englisb law. Toucbing tbe boly 
 (evangelists.) Fleta, lib. 3, c. 16, § 21. 
 " A bisbop may swear visis evangeliis (look- 
 ing at tbe Gospels) and not tactis, and it is 
 good enougb." Vaugban, C. J. Freem. 
 133. 
 
 TACTIS SACROSANCTIS SCRIP- 
 TURIS. Lat. In old European law. 
 Toucbing tbe boly Scriptures. Feud. Lib. 
 2, tit. 2, pr. Sacrosanciis evangeliis tactis. 
 God. 3. 1.14, § 1. 
 
 TACTO PER SE SANCTO EVAN- 
 GELIC L. Lat. Having personally 
 toucbed tbe boly Gospel. Gro. Eliz. 105. 
 The description of a corporal oatb. See 
 Gorporal oath. 
 
 TAIL. L. Fr. and Eng. [from tailler, 
 to cut ; L. Lat. tallium, talliatum.^ Limi- 
 tation ; abridgment ; limited ; abridged ; 
 reduced ; curtailed, as a fee or estate in fee, 
 to a certain order of succession, or to cer- 
 tain beirs. Literally, cut off, or cut down 
 to certain limits. Tbe word is used both 
 as a substantive and adjective ; as in the 
 expressions, tenant in tail, fee-tail. See 
 Fee tail. 
 
 T AILE. Taille. L.Fr. A tally. Bi/er,] 
 
 23, (Fr. ed.) Used also as an Englisb 
 word. Gowell. Une taille de bois ; a 
 tally of wood. Id. Mist avant un taille 
 enseale que avoit xvi noches ; produced a 
 sealed tally wbicb bad sixteen notcbes. 
 Yearb. T. Edw. IL 278. See Tally. 
 
 TAILLE. Fr. In old French law. An 
 imposition levied by tbe king or any otber 
 lord, on bis subjects. Brande. The royal 
 taille was a tax imposed at once in rem 
 and in personam ; that is, each contributor 
 was rendered personally liable to pay a sum 
 proportionate to the estimated value of bis 
 immoveable property. It was a property 
 tax affecting tbe roturier exclusively. Steph. 
 Lect. 358. 
 
 TAILLER, Tailer, Tayler. L. Fr. In 
 old Englisb law. To cut ; to limit ; to 
 tax ; to bar. Kelham. Yearb. H. 9 Edw. 
 IIL 4. M. 10 Edw. m. 14. 
 
 To pronounce ; to declare. Kelham. 
 
 TAILZIE. In Scotch law. An entail. 
 A tailzied fee is that wbicb tbe owner, by 
 exercising bis inherent right of disposing 
 of bis property, settles upon others than 
 those to wbom it would have descended by 
 law. 1 Forbes' Inst, part 2, p. 101. Bell's 
 Diet. See 3 Bell's Appeal Gases, 128. 
 
 TAINI, Thaini. L. Lat. In old Eng- 
 lisb law. Freeholders. Go. Lilt. 5 b. 
 
 TAKE. [Lat. capere ; L. Fr. prendre.] 
 To seize a thing or person by authority of 
 law ; to arrest a person. Constantly used 
 in this sense, both in ancient and modern 
 practice. See Cape, Capias. 
 
 To receive from another by some title ; 
 to be entitled to, as a party is said to take 
 by descent, or by purchase, or under a 
 will. 
 
 To obtain possession of a tbing unlaw- 
 fully, or feloniously ; to appropriate to one's 
 own use with a felonious intent. A felonious 
 taking is of tbe essence of larceny. 4 Bl. 
 Com. 230. 
 
 To lay hands upon an article, witbout 
 removing it. There may be a taking 
 without an asportation, or carrying away. 
 See Asportation. 
 
 To receive the , verdict of a jury ; to 
 superintend tbe delivery of a verdict ; to 
 bold a court. Tbe commission of assise in 
 England empowers tbe judges to take the 
 assises, that is, according to its ancient 
 meaning, to take tbe verdict of a peculiar 
 species of jury called an assise; but in its 
 present meaning, to hold the assises. 8 Bl 
 Com. 59, 185. 
 
 To obtain from a jury; as a counsel 
 
TAL 
 
 ( 506 ) 
 
 TAL 
 
 is said to take a verdict for his client in 
 court. 
 
 TALABE. L. Lat. [from Sax. talan, 
 to pull off.] In old European law. To 
 take or carry away. L. Alaman. tit. 84. 
 Taltum ; carried away. Id. ibid. Tala- 
 verint. L. Hipuar. tit. 64. 
 
 TALE. In old pleading. A plaintiflF's 
 count, declaration, or narrative of his case. 
 3 £1. Com. 293. Monstre son tale. Dyer, 
 11 b. 
 
 TALE. The count or counting of money. 
 Cowell derives this word from the same 
 source with tally, (q. v.) 
 
 TALEA, Talia. L. Lat. In old Eng- 
 lish law. A tally. Spelman. Cowell. 
 See Tallia. 
 
 TALENT. L.Fr. Eight; truly. Vous 
 dites talent ; you say well or truly. Tearb. 
 P. 4 Edw. IIL 7. 
 
 TALES. Lat. Such; so many. A 
 term applied to jurors. A tales is a supply 
 of such men as are necessary to make up 
 a deficiency of jurors. Such supplementary 
 jurors are called tales-men, and are com- 
 monly taken from the bystanders or per- 
 sons in court. 3 Bl. Com. 364, 365. A 
 tales may be awarded if one only of the 
 regular jurors appears ; and it is said that, 
 at common law, a jury might be composed 
 entirely of tales-men. 10 Co. 102 a, 103 b. 
 This is the law in Ohio. Swan's Statutes 
 of Ohio, (ed. 1854,) c. 62, (17,) sect. 18. 
 15 OhioB. 217. 
 
 TALES DE CIRCUMSTANTIBUS. 
 L. Lat. So many of the bystanders. The 
 emphatic words of the old writ awarded to 
 the sheriff to make up a deficiency of 
 jurors out of the persons present in court. 
 3 m. Com. 365. 
 
 TALIARE, Talliare. L. Lat. In old 
 English law. To cut. Si guis nemus 
 alicujus sine licentia comburat vel taliat ; if 
 any one shall burn or cut the wood of an- 
 other without permission. LL. Aluredi, 
 MS. c. 1 3, apud Spelman. See Talliare. 
 
 TALIO. Lat. [from talis, such, like.] 
 In the civil law. Like for like ; punish- 
 ment in the same kind ; the punishment of 
 an injury by an act of the same kind, as an 
 eye for an eye, a limb for a limb, &c. 
 Called similitudo supplicii, (likeness of 
 punishment ;) reciproca poena, (reciprocal 
 punishment.) Calv. Lex. Adam's Rom. 
 Ant. 291. 
 
 TALIS. Lat. In old English law. 
 Such; such a one. A word constantly 
 used by Bracton, Fleta, and other early 
 
 writers, in their illustrations. Tali die, 
 tali anno, et tali hora, venit idem B. cum 
 tali et tali ; on such a day, in such a year, 
 and at such an hour, came the said B. with 
 such and such a one. Fleta, lib. 1, c. 31, 
 
 § ^V . 
 
 Used also in the sense of the expression, 
 
 " as follows ;" though translated " such" in 
 
 the old books. " The form of the writ is 
 
 such." 
 
 Talis Don est eadem, nam nnllnm simile est 
 
 idem. " Such" or " Hie" is not the same, 
 for Nullum simile est idem, (q. v.) Branches 
 Pr. 4 Co. 18 b. 
 
 TALITER. Lat. [from talis, such.] 
 In old pleading. In such a manner ; so. 
 Taliter processum est ; it was proceeded in 
 such a manner; such proceedings were 
 had. Lord Ellenborough, \ M. <Sb S. 
 187. Taliter processum fuit. 2 Mod. 
 192, 195. See Comb. 125. 3 Comstock's 
 E. 193. 
 
 TALLAGE. [L. Lat. tallagium, (a. v.) 
 from Fr. tailler, to cut, or cut out.] In 
 old English law. A share of a man's sub- 
 stance paid by way of tribute, toll or tax. 
 Cowell. Lord Coke derives and defines 
 this word as follows: "Tallagium or tai- 
 lagium cometh of the Fr. word tailer, to 
 share, [shear,] or cut out a part, and meta- 
 phorically is taken when the king or any 
 other hath a share or part of the value of a 
 man's goods or chattels, or a share or part 
 of the annual revenue of his lands, or puts 
 any charge or burthen upon another ; so 
 as tallagium is a general word and doth in- 
 clude all subsidies, taxes, tenths, fifteenths, 
 impositions or other burthens or charge put 
 or set upon any man, and so is expounded 
 in our books." 2 Inst. 533. In the stat- 
 ute De Tallagio nan Concedendo, the word 
 is restrained to tallages, set or levied by 
 the king or his heirs. Id. ibid. 
 
 According to Spelman, tallages were an- 
 ciently called in English, cuttings, (the lite- 
 ral meaning of the word,) a term which, he 
 observes, was used in Ireland in his day, to 
 denote the exactions of a landlord. 
 
 TALLAGIUM. L. Lat. [from Fr. tail- 
 ler, to cnt] In old English law. Tallage; 
 tax; tribute; imposition. See Tallage. 
 Nullum tallagium vel auxilium, per nos vel 
 hceredes nostros, in regno nostro ponatur seu 
 levetur, &o. No tallage or aid shall be set 
 [imposed] or levied by us or our heirs, in 
 our kingdom, &c. Stat, de Tallagio non 
 Concedendo, c. 1. 
 
 The taking an inventory, or making a 
 
TAL 
 
 (5or) 
 
 TAN 
 
 list of property rated for paying tax. 
 Spelman. 
 
 TALLATIO. L. Lat. In old records. 
 A keeping account by tallies. Cow'ell. 
 
 TALLEA, Tallia, Talea, Talia. L. Lat. 
 [L. Fr. taille, from tailler, to cut.] In old 
 English law. A tally; a piece of wood 
 cut with notches in two corresponding 
 parts. Si creditor habet talleam, oportet 
 prohare illam ; if the creditor have a tally, 
 he ought to prove it. MS. Codex, cited 
 in Cowell. Ut patet per talliam ; as ap- 
 pears by a tally. Paroch. Ant. 571. See 
 Tallia. 
 
 TALLIA. L. Lat. In old English law. 
 A tally. Fleta, lib. 2, c. 2Y, § 5 ; c. 30 ; 
 c. 61, § 2; c. 63, § 12. See Tallea. 
 
 TALLIA. L. Lat. [from Fr. tailler, to 
 cut.] A tax or tribute ; tallage ; a share 
 taken or cut out of any one's income or 
 means. Called in Ireland, literally, a cut- 
 ting. Spelman, The word excise, (from 
 Lat. excidere, to cut out,) has precisely the 
 same meaning. 
 
 TALLIARE, Taliare. L. Lat. [L. Fr. 
 tailler ; Ital. tagliare ; from Sax. talan, or 
 tcelan, to take away, to correct, according 
 to Spelman.] In old English law. To 
 cut ; to cut off; to cut out ; to cut down ; 
 to reduce, abridge or limit by cutting ; to 
 limit or restrain.* To set or put to some 
 certainty, or to limit to some certain inheri- 
 tance ; {ad quandam certitudinem ponere, 
 vel ad quoddam certum hoereditamentum 
 limitare.) Litt. sect. 18. Co. Lift. 22 a. 
 Feodum talliatum; a fee tail. Id. See 
 Tail. 
 
 To impose a tax or tallage. Spelman. 
 Fleta, lib. 2, c. 47, § 34. 
 
 TALLIUM. L. Lat. [from L. Lat. talli- 
 are ; Fr. tailler, to cut.] In old English 
 law. Tail; a species of limited estate. 
 See Tail. 
 
 A tally. Spelman See Tally. 
 
 A tax or tallage. Spelman. 
 
 TALLY. [L. Fr. taille, from tailler, to 
 cut; L. Lat. talea, talia, tallea, tallia, tal- 
 lium.] A piece of wood cut with inden- 
 tures or notches in two corresponding parts, 
 of which one was kept by the creditor, 
 and the other by the debtor. Corvell. 
 Formerly the common way of keeping all 
 accounts. Id. Fleta, lib. 2, c. 70, § 11 ; 
 c. 82, § 5. See Tallia. " If the tally have 
 only notches or scotches indented, every 
 scotch for twelve pence, according to the 
 common usage." Dyer, 23. 
 
 Spelman more closely describes a tally 
 
 as " a small piece or slip of wood, made 
 smooth on both sides, {clavola vel ligni 
 portiuncula, utrinque complanata,) upon 
 which the amount of a debt was cut, {cui 
 summa debiti inciditur /) and being then 
 split into two parts, one was delivered to the 
 debtor and the other to the creditor, as an 
 evidence of the account, {fissaque inde in 
 duaa partes, una debitori, altera creditori 
 traditur in rationis memoriam.) Spelman, 
 voc. Tallium, They were sometimes sealed. 
 Dyer, 23. 
 
 In French law, tallies are described as 
 " the parts of a piece of wood cut in two, 
 which two persons use to denote the quanti- 
 ty of goods supplied by the one to the other. 
 For this purpose, each of them has one of 
 the pieces ; that in possession of the debtor 
 is properly called the tally, and the other 
 the echantillon. When the goods are de- 
 livered, the two pieces are joined to- 
 gether, and a notch cut in them, de- 
 noting the quantity supplied; such are the 
 tallies of bakers. These tallies are used 
 instead of writings, and are a kind of writ- 
 ten proof of the quantity supplied, when 
 the buyer has the echantillon to join to the 
 tally." Foth. Oblig. part 4, ch. 1, art. 2, 
 § 8. 
 
 Tallies were used in the English Exche- 
 quer, until abolished by the statute 23 Geo. 
 III. c. 82. The old tallies were ordered to 
 be destroyed by 4 & 5 Will. IV. c. 15. 
 Wharton^ s Lex. 
 
 TAM. Lat. So ; as well. Frequently 
 used with quam, in the expression tarn 
 quam, (q. v.) 
 
 TAM QUAM. Lat. (As well— as.) In 
 practice. A phrase used where a proceed- 
 ing is applied or referred to two things or 
 persons. Tam de fortia quam de faxto ; 
 as well of force as of fact. Bract, fol. 
 138. A venire tam, quam, was one by 
 which a jury was summoned, as well to 
 try an issue, as to inquire of the damages 
 on a default ; (tam ad triandum quam ad 
 inquirendum.) 2 Tidd's Fr. 722, 895. 
 See Qui tam. 
 
 TAMEN. Lat. Yet ; notwithstanding. 
 • cur\ 1 F. Wms. 530. 
 
 Time. Kelham. An 
 
 Tamen 2)er 
 
 TAMPS. L.Fr. 
 old form of temps. 
 
 TANGANARE. L. Lat. In old Eu- 
 ropean law. To adjure ; to call solemnly 
 upon; to interrupt. I. Salic, tit. 60, § 1. 
 L. Ripuar. tit. 35. Id. tit. 58, 8 19 
 
 TANISTRY. In Irish law. A species 
 of tenure, founded on immemorial usage, 
 
TA.S 
 
 (508) 
 
 TAV 
 
 by whicli castles, manors, lands and tene- 
 ments descended to the eldest and worthi- 
 est man of the blood and race of the de- 
 ceased. Davies' R. 28. Ware's Antiq. 
 Hibern. 38. Cowell. 
 
 TANNERIA. L. Lat. In old English 
 law. Tannery; the trade or business of 
 a tanner. Fleta, lib. 2, c. 52, § 35. 
 
 TANT, Taunt. L. Fr. As; so; as 
 well. Kelham. 
 
 Tant come; inasmuch as; while; so 
 long as. Id. 
 
 Tant que, tanque, tanqe ; until. Id. 
 
 Tant solement ; all only ; (Lat. solum- 
 modo, duntaxat.) Co. Litt. 9 a. 
 
 TANTEO. Span. In Spanish law. 
 Preemption. Whitens New Recop. b. 2, tit. 
 2, c. 3. 
 
 TANTOST. L. Fr. Forthwith; pre- 
 sently ; by and by ; almost ; so much. 
 Kelham. 
 
 TANTUS. Lat. In old English law. 
 So much. Tantam terram cum pertinen- 
 iiis ; so much land with the appurtenances. 
 Fleta, lib. 3, c. 14, § 5. 
 
 TANTUM. Lat. In old English law. 
 
 So much ; as much. Tantum tona valcnt, 
 
 quantum vendi possunt. Things are worth 
 so much as they can be sold for. Shep. 
 Touch. 142. Perkins, ch. 11, s. 809. 
 
 TARD, Tarde. L. Fr. [from Lat. tarde, 
 q. v.] In old practice. Slow ; late. Pur 
 ceo que le brefe vynt si tard que il ne poit 
 faire nule execucion ; for that the writ 
 came so late, that he could make no exe- 
 cution. Britt. c. 121. Trop tarde; too 
 late. Fet Assaver, § 57. Dyer, 138. 
 
 TARDE. Lat. [from tardus, slow.] In 
 practice. Late ; too late. A return made 
 by a sheriff, when a writ was delivered to 
 him too late for execution, that the writ 
 was delivered to him so late, (quod breve 
 adeo tarde sibi Uberatum fuit,) or came so 
 late, (adeo tarde venit,) that it could not be 
 executed, [quod illud exequi non poterit.) 
 Reg. Jud. 31 b. Roscoe's Real Act. 150. 
 Rreve tam tarde venit quod exequi non potu- 
 it. i^toa,lib. 2, c. 67, §4. Stat. Westm. 
 2, c. 39. This return is still used. 7 Penn. 
 St. (Barr's) R. 128. 
 
 TASSARE. L.Lat. In old English law. 
 To stack ; to heap up. Tassari et co-ope- 
 riri ; to be stacked and covered. Fleta, 
 lib. 2, c. 73, § 9. See Id. cc. 81, 82. 
 _ TASSUM, Tassa. L. Lat. In old Eng- 
 lish law. A heap ; a hay-mow, or hay- 
 stack. Fmnum in tassis ; hay in stacks. 
 Reg. Orig. 96. 
 
 TAUNT. L. Fr. So; so much; so 
 far. Britt. c. 69. Taunt come ; so much 
 as. Id. ibid. Tauntost; presently. Id. c. 96. 
 
 TAUR. L. Fr. [from Lat. taurus.] 
 A bull. Yearb. H. 9 Edw. IIL 6. 
 
 TAVERN, [from L. Fr. taverne, (q. v.) 
 from Lat. taberna, (q. v.) a wine-shop.] A 
 house licensed to sell liquors in small quan- 
 tities, to be drank on the spot. Webster. 
 This seems to be the proper sense of the 
 word. See infra. 
 
 In a larger sense, — an inn or hotel ; a 
 house for the entertainment of travellers, 
 as well as for the sale of liquors, licensed 
 for that purpose. Webster. In New- York, 
 and several other states, the words inn and 
 tavern are used as synonymous. 1 If. Y. 
 Rev. St. [678—681,] 677—680. 3 ffilFs 
 (N. Y.) R. 150. 2 Kent's Com. 597, note. 
 
 *;^* That tavern originally signified, in 
 England, a wine-shop or wine-house, a 
 place where wine was sold in small quanti- 
 ties and drank, a drinking-house, — appears 
 from the use of the Fr. taverne, and L. 
 Lat. taberna, in the times of Britten and 
 Fleta. See Taverne, Taberna. And this 
 corresponds with the proper meaning of 
 the Lat. taberna., from which it is undoubt- 
 edly derived, which was used to signify a 
 wine-shop, (osnopolium, from Gr. oivo-o>.iov,) 
 and essentially imported a shop or place 
 constructed of boards, (ex iabulis construc- 
 ta,) where any thing was sold. Calv. Lex. 
 As, in process of time, however, the seller 
 of wine, (including other strong drinks,) 
 began to supply food and lodging for way- 
 faring men, the terra tavern came to be sy- 
 nonymous with inn, (q. v.) and this has 
 been traced as far back as the reign of 
 Elizabeth. 1 Cheeves' (S. C.) Law R. 220. 
 2 Kenfi Com. 597, note. The general dis- 
 use of the word " inn" in the United States, 
 has necessarily led to the employment of 
 " tavern" in its place, though without much 
 uniformity or strictness of signification. 
 Thus, in the Revised Statutes of New- 
 York, tavern is used in the sense of a house 
 where liquors are retailed and drunk, and 
 requiring a license as such. 1 Rev. St. 
 [678—681,] 677—680. In the laws of 
 Pennsylvania and Ohio, it is employed in 
 the same sense. Purdon's Dig. (ed. 
 1857,) 428, pi. 2. Swan's Statutes of Ohio, 
 (1854,) chap, liy, (21,). sect. 1. 2 Kent's 
 Com. 59'7, note. In other states, the term has 
 been applied to houses where liquor is not 
 retailed. Thus, in Kentucky, taverns must 
 be licensed, even though spiritous liquors 
 
TAY 
 
 (509 ) 
 
 TAX 
 
 be not retailed. Heviaed Statutes, (ed. 
 1852,) 665, § 2. And see Swan's Statutes 
 of Ohio, c. 112, (19.) And, in New- 
 York, by Act of 12th April, 1843, c. 97, 
 licenses to keep taverns may be granted 
 without including a license to sell spiritous 
 liquors or wine. So that the word has, by 
 a process of gradual departure from its 
 original and proper meaning, come at last 
 to import the very reverse of it. 
 
 TA VERNE. Fr. [from Lat. taberna, 
 q. v.] In old English law. A house or 
 shop where wine was sold and drunk; a 
 wine-shop or wine-house ; a drinking-house ; 
 a tippling-house ; a tavern. JSt si per fe- 
 lonie, le quel la felonie fuii faite, dedens 
 meson ou dehors, ou en tavern e, ou a la 
 lute, ou a autre assemble; and if feloni- 
 ously [slain, the coroner shall cause inquest 
 to be made] in what place the felony was 
 committed, within a house, or without, or 
 in a tavern, or at a wrestling-match, or 
 other gathering. Britt.c. 1. Que ils le 
 counterent pur verite a la taverne, ou ail- 
 lourz de ascun ribaud ou autre, a que home 
 ne doit rien crere ; that they heard it men- 
 tioned for truth at a tavern, or elsewhere, 
 from some vagabond or other, to whom no 
 credence should be given. Id. c. 4. See 
 Taverner. The word taverne is not found 
 in Kelham's Dictionary. 
 
 TAVERNER. L. Fr. and Eng. [Fr. 
 tavernier, from taverne, q. v.] In old 
 English law. A seller of wine ; one who 
 kept a house or shop for the sale of wine. 
 £It puis soit enquis de taverners que aunt 
 vendu vyns encontre la droit assise ; and 
 afterwards it shall be inquired of taverners 
 who have sold wines against the right as- 
 sise. Briit. c. 30. A retailer of wines. 
 Hardr. 338. Taverner is used as the ad- 
 dition of a person in a writ in the Re- 
 gister. Reg. Orig. 195. But tavern-keep- 
 er has now, forthe most part, takenits place. 
 
 TAVERN-KEEPER. [Fr. taverner, 
 q. v.] One who keeps a tavern. Webster. 
 
 One who keeps an inn ; an inn-keeper. 
 In New-York and several of the other 
 states, the terms tavern-keeper and inn-heep- 
 er, or inn-holder, are used as synonymous. 
 \N. T. Rev. St. [678,— 681,] 6'77— 680. 
 2 Kent's Com. 97, note. See Tavern. Web- 
 ster defines the word, as used in the United 
 States, to mean, " one who is licensed to 
 sell liquors to be drank in his house, and 
 to entertain travellers and lodgers, together 
 with the horses or oxen composing their 
 teams." 
 
 TAX. [L. Fr. taxe ; L. Lat. taxa, from 
 Gr. ri^is, from raactiv, to Set in order, to ar- 
 range or adjust.] A rate or sum of money 
 assessed on the person or property of a 
 citizen, by government, for the use of the 
 nation or state. Webster. 
 
 In a general sense, — any contribution 
 imposed by government upon individuals, 
 for the use and service of the state ; whe- 
 ther under the name of toll, tribute, tallage, 
 gabel, impost, duty, custom, excise, sub- 
 sidy, aid, supply, or other name. Story 
 on the Const. (Abr.) § 472. See 1 Kent's 
 Com. 254—257. 
 
 In a stricter sense, — a rate or sum im- 
 posed by government upon individuals, (or 
 polls,) lands, houses, horses, cattle, posses- 
 sions and occupations; as distinguished 
 from customs, duties, imposts and excises. 
 Id. Webster. This is the ordinary sense 
 of the word. In New-York, the term tax 
 has been held not to include a street as- 
 sessment. 11 Johns. iJ. 77. 3 Wendell's 
 R: 263. 4 Hill's B. 76. 4 Comstock's 
 R. 419. 
 
 Literally, or according to its derivation, 
 — an imposition laid by government upon 
 individuals, according to a certain order and 
 proportion, (tributum certo ordine consti- 
 tutum.) Spelman, voc. Taxa. Webster 
 observes, that taxes in free governments 
 are usually laid upon the property of citi- 
 zens, according to their income or the value 
 of their estates. Cowell says it may be 
 so called from the Gr. ra(is, because it was a 
 thing done orderly and moderately. The 
 radical idea of the word seems to be, ar- 
 rangement, adaptation or adjustment of 
 one thing to another. See To tax, Taxare. 
 It imports, also, essentially, according to 
 Cowell, regularity of imposition and cer- 
 tainty of amount, as distinguished from 
 occasional, extraordinary or uncertain im- 
 positions, such as subsidies were. And, 
 according to Spelman, it imports, also, 
 moderation in amount, (non solum ordinem 
 sed et modum ratione temperatum significat.) 
 
 For the distinction between a tax and an 
 assessment, see Assessment. 
 
 To TAX. [from L. Lat. taxare, (q. v.) 
 L. Fr. taxer ; see Tax.'\ To lay, impose 
 or assess upon the citizens [or subjects of a 
 government] a certain sum of money, or 
 amount of property, to be paid to the pub- 
 lic treasury, to defray the expenses of the 
 government. Webster. 
 
 In practice. To assess, fix or determine 
 judicially; to adjust, adapt or proportion. 
 
TAX 
 
 (610) 
 
 TAX 
 
 This is tte original and proper sense of the 
 ■word, retained in the common phrase " to 
 tax costs," but much more expressively 
 shown in the old, but now obsolete phrase, 
 " to fax damages." 2 Leon. 199. Where 
 a clerk, master or judge examines an at- 
 torney's or solicitor's bill of costs, and cer- 
 tifies it to be of the proper amount, he is said 
 to " tax the costs." But anciently a jury 
 were said " to tax the damages," when they 
 gave them in their verdict, implying, ac- 
 cording to the strict radical meaning of the 
 word, an adjustment or adaptation of the 
 damages to the injury sustained. Bract, fol. 
 187, 98 b. Britt. c. 53, 87. Fleta, lib. 2, 
 c. 1, § 24. See Taxare, Taxatio, Taxer. 
 Assess is the word substituted, in the 
 latter application, in modern practice, the 
 damages being said to be assessed, and the 
 costs taxed. But assess itself imports radi- 
 cally the same idea of adjustment, (assi- 
 dere, its Latin form, being compounded of 
 ad, to or by, and sedere or sidere, to set or 
 place.) 
 
 In the New- York Code of Procedure the 
 terms adjust and adjustment have been 
 substituted in place of tax and taxation, 
 in their application to costs. Code, (ed. 
 1859,) § 311. 
 
 TAXA. L. Lat. A tax. Spelman. 
 
 In old records. An allotted piece of 
 work ; a task. Ad taxam operarius ; a 
 workman by the piece ; a tasker. Gowell. 
 Triturator ad taxam ; a thresher in the 
 barn, who worked by the measure, or job, 
 and not by the day. Paroch. Ant. 576. 
 
 TAXACION. L. Fr. [from Lat. taxa- 
 tio, q. v.] In old English law. Taxation ; 
 assessment ; the finding of damages by a 
 jury. Soit agarde que ele recovere seisine 
 de sa dower, et ses damages par taxacion 
 de jurours ; it shall be awarded that she 
 recover seisin of her dower, and her damages 
 by the taxation of the jurors. Britt. a. 111. 
 
 TAXARE. Lat. In the civil law. To 
 rate or value. Calv. Lex. 
 
 To tax ; to lay a tax or tribute. Spelman. 
 
 In old English practice. To assess ; to 
 rate or estimate ; to moderate or regulate 
 an assessment or rate. Item damna dabit 
 per sacramentum juratorum estimanda, et 
 per justitia.rios (si opus faerit) taxanda ad 
 minorem quantitatem, si juratores forte 
 modum excesserint ; ad plus autem cestimari 
 non debent a justitiariis quam juratores 
 dixerint in Sacramento, nisi forte juratores 
 ilia damna ex certa scientia ad minus 
 taxaverunt quam deceret ; also he shall 
 
 pay the damages, to be estimated by the 
 oath of the jurors, and to be taxed by the 
 justices (if need be) at a less amount, if the 
 jurors should happen to have exceeded 
 measure ; but they ought not to be estima- 
 ted by the justices at more than the jurors 
 have said in their verdict, unless perchance 
 the jurors have intentionally taxed those 
 damages at less than was proper. Bract. 
 fol. 187. See Fleta, lib. 2, c. 60, § 36 ; c. 
 62, § 4. Dampnaqum taxantur per juratos 
 ad duas marcas ; the damages which are 
 taxed by the jurors at two marks. Pasch, 
 14 Edw. I. rot. 10, coram Rege. 
 
 TAXATL L. Lat. [fromGr. ™f,s, order.] 
 In old European law. Soldiers of a garri- 
 son or fleet, assigned to a certain station. 
 Spelman. 
 
 TAXATIO. Lat. [from taxare, to rate 
 or adjust.] In the civil law. Th€ assess- 
 ment or moderation by a judge, [judex,) of 
 the damages claimed or sworn to by the 
 actor or plaintiff; the limiting of the da- 
 mages to a certain amount. Officio judicis 
 debet — taxatione jusjurandum refrcenari. 
 Big. 4. 3. 18. 1 Spencers Chancery, 211, 
 note (c.) In the Novels of Justinian, it is 
 used for a rated sum limited by a judge, 
 
 Nov. 53, c. 1. Nov. 82, c. 10. 
 
 Bracton, in his commentary on the civil 
 law definition of an action, (which he 
 adopts,) uses the words taxatio and taxare, 
 in a similar sense. Bract, fol. 98 b. 
 
 TAXATIO EXPENSARUM. L. Lat. 
 In old English practice. Taxation of costs. 
 Clerke's Prax. Cur. Adm. tit. 9. 
 
 TAXATIO NORWICENSIS. L. Lat. 
 A valuation of ecclesiastical benefices made 
 through every diocese in England, by "Wal- 
 ter, Bishop of Norwich, delegated by the 
 Pope to this oflBce in 38 Hen. III. Cowell, 
 
 TAXATION. [Lat. taxatio.] The act 
 or process of taxing, or of imposing a tax. 
 The act or process by which a government 
 imposes upon individuals the payment of 
 a rateable contribution in money, for public 
 uses. See Tax. For the distinction between 
 taxation and assessment, see Assessment. 
 
 TAXATION. L. Fr. and Eng. In 
 practice. Assessment; adjustment. La 
 taxation des damages. Yearb. M. 5 Edw. 
 III. 24. The act of taxing. See To tax. 
 
 TAXER. L. Fr. In old English law. 
 To tax ; to assess ; to rate or estimate. 
 Taxe, taxes ; taxed ; assessed ; rated. Ft 
 solonc la value annuele soyent taxes les 
 damages par les justices, singles ou doubles. 
 
TEK 
 
 (511) 
 
 TEL 
 
 &o. : and according to the annual value 
 shall the damages be taxed by th? justices, 
 single or double, &c. Britt. c. 53. Et 
 puis soient taxes lour damages par les 
 jurours ; and afterwards shall their da- 
 mages be taxed by the jurors. Id. c. 87. 
 Que le pleintife recov'a sa debt et ses 
 damages taxes ; that the plaintiflF recover 
 his debt and his damages taxed. Yearb. 
 P. 10 Edw. III. 21. 
 
 TEAM, Theam, Tern, Them. Sax. [from 
 tyman, to propagate, to teem.] In old 
 English law. Literally, an oflspring, race 
 or generation. Spelman. A royalty or 
 privilege granted by royal charter to a lord 
 of a manor, of having, keeping and judging 
 in his court, his bondmen, neifes and vil- 
 leins, and their offspring or suit, [sequela.) 
 Id. They who had a jurisdiction of this 
 tind, were said to have a court of Theme. 
 MS. Anon, cited ibid. The word is con- 
 stantly used in the old books in connection 
 with toll, in the expression Toll d Team. 
 Bract: M. 122 b, 124 b, 154 b. 
 
 TECHNICAL. [Grseco-Lat. technicus ; 
 Gr. Tsxvtxds, from rlx^ii, art.] Belonging, or 
 peculiar to an art or profession. Technical 
 terms are frequently called in the books, 
 " words of art," [verba or vocabula artis.) 
 
 TEDDING. Spreading. Tedding grass 
 is spreading it out after it is cut in the 
 swarth. 10 East, 5. 
 
 TEDING-PENNY. Tething^enny. Sax. 
 In old English law. A small tax or allow- 
 ance to the sheriff from each tithing of his 
 county, towards the charge of keeping 
 courts, <fec. Cowell. 
 
 TEGULA. [Lat. from tegere, to cover.] 
 In the civil law. A tile. Z'i^'. 19. 1. 18. 
 
 TEINDS. In Scotch law. Tithes. 1 
 Forbes' Inst, part 2, p. 89. BelVs Diet. 
 
 TEINLAND, Tainland, Thainland. 
 Sax. In old English law, Land of a thane 
 or Saxon noble ; land granted by the crown 
 to a thane or lord. Cowell. 1 Reeves' 
 Hist. Eng. Law, 5. Hereditary land, not 
 subject to the service of agricultural ten- 
 ants, [terra hcereditaria, et colonorum servi- 
 tuti non obnoxia.) Spelman. — Land held 
 by knight-service. Co. Litt. 86 a. 
 
 TEKNA, TiKva.- Gr. [plur. of rmov, from 
 
 t'iktuv. to bring forth.] In the civil law. 
 Children. A word answering to the Lat. 
 nati, in its legal as well as common im- 
 port. Calv. Lex. Connanus, cited ibid. 
 
 'H Tuif TtKvwtt xpoarjyopia Kal ejt( tovs ^J'ytfvoUff exTEtvsTai: 
 
 the term Hicva (children) is extended also to 
 grandchildren. Dig. 50. 16. 104. 
 
 TEAETTH, TiXturi). Gr. In the civil law. 
 Death ; (the end of life.) JVov. 39, pr. 
 
 TEAEYTAIA BOYAHjis, Gr. In the civil 
 law. Last will, [ultima voluntas.) Dig. 
 48. 22. 16. 
 
 TEAEYTflN, TtXcvrSv. Gr. In the civil 
 law. Dying ; a person dying or deceasing. 
 JVov. 48. JV'ov. 90. The origin of the 
 modern word decedent, (q. v.) 
 
 TELLIGRAPHUM, Telligrafum, Tel- 
 ligraphium. Latino-Gr. [from Lat. tellus, 
 land, and Gr. ypifctv, to write.] In Saxon 
 law. A charter or deed of land, [charta 
 seu libellus prmdialis.) Spelman. 1 Meeves^ 
 Hist. Eng. Law, 10. A writing showing 
 and protecting the title to lands, [scriptum 
 quo prcediorum jus continetur et tuetur.) 
 Spelman. Literally, a land-writing. Telli- 
 graphia were evidences or muniments ■ of 
 title. Id. Tandem Cenulphus Rex, serA 
 ductus pcenitentia, telligraphia, id est, Ubellos 
 guos a supradictis hominibus Uriheh et Os- 
 berto injuste perceperat, cum magna pecuni& 
 Ecclesice Christi in Dorobernia remisit; at 
 last king Kenulf, led by late repentance, 
 restored the land- writings, that is, the 
 books \bocs. Sax. land-6ocs,] which he had 
 unjustly taken from the aforesaid men, 
 Uriheh and Osbert, with a large sum of 
 money, to the Church of Christ in Canter- 
 bury. MS. Concil. apud Clovesho, A. D. 
 800. Spelman. Mr. Reeves observes that 
 the word telligraphum was probably adopt- 
 ed after the Conquest, as a translation of 
 the Saxon land-boc. 1 Reeves' Hist. ub. sup. 
 This supposition seems to be reduced to 
 certainty, by the above quotation. 
 
 TELONIUM, Teloneum. Graico-Lat. 
 [Gr. TtXmiov, from riXae, tax.] In the civil 
 law. A place where tax is collected or 
 received. Calv. Lex. In old English re- 
 cords, a toll-booth. Cowell. Converted 
 into theolonium, in old English law, and 
 used to signify a tax or toll. See Theolo- 
 nium. 
 
 In feudal law. A tax, [vectigal.) Vecti- 
 galia quae vulgo dicuntur telonia. Feud. 
 Lib. 2, tit. 56. 
 
 TELUM. Lat. [from Gr. rgXc, or rnXoi, far 
 off.] In the civil law. A weapon. Any 
 thing that a man can hurt with. Telorum 
 appellatione, omnia ex quibiis singuli 
 homines nocere possunt, accipiuntur ; under 
 the appellation of weapons are included 
 all things with which individual men can 
 hurt. Dig. 48. 6. 11. 1. This definition 
 is copied in Fleta. Lib. 4, c. 4, § 4. The 
 Lex Cornelia de Sicariis, punished with 
 
TEM 
 
 (612) 
 
 TEN 
 
 death those who went about with a weapon, 
 (cum telo,) with the intent of killing some 
 one. Justinian, commenting on the mean- 
 ing of telum, in this law, observes, that 
 " according to Caius' interpretation of the 
 Twelve Tables, it commonly signified that 
 which was shot from a bow, [viz. an arrow,] 
 but it now signifies every thing that is 
 thrown from the hand, [any missile wea- 
 pon,] so that missiles of wood, stone and 
 iron are embraced under the appellation." 
 Inst. 4. 18. 5. See Diff. 48. 8. Teli ap- 
 pellaiione et ferrum et fastis, et lapis, et 
 denique omne quod, nocendi causA, hahetur, 
 significatur. Biff. 47. 2. 54. 2. See Arma. 
 
 TEM. Sax. An old form of team, 
 (q. V.) Toll & tem. Bract, fol. 104 b. 
 
 TEMERE. Lat. In the civil law. 
 Eashly ; inconsiderately ; without sufficient 
 cause. A plaintiff was said temere litigare, 
 who demanded a thing out of malice, or 
 sued without just cause, and who could 
 show no ground or cause of action. Bris- 
 sonius. 
 
 TEMPLES. The two English inns of 
 court, (the Inner Temple and Middle Tem- 
 ple,) so called, because anciently occupied 
 as the residence of the Knights Templars, 
 on the suppression of which order they 
 were purchased by some professors of the 
 common law, and converted into hospitia, 
 or Inns of Court. They are called the In- 
 ner and Middle Temple, in relation to Es- 
 sex House, which was also a part of the 
 house of the Templars, and called the Outer 
 Temple, because situated without Temple 
 Bar. Encyc. Lond. 
 
 TEMPORALIS. Lat. [from tempus, 
 time.] In the civil law. Temporary ; 
 limited to a certain time ; not perpetual. 
 
 Temporalis actio; an action limited 
 within a certain period, beyond which it 
 could not be brought. Inst. 4. 12. 
 
 Temporalis exceptio; a temporary excep- 
 tion ; an exception which barred or delayed 
 an action for a time. Otherwise called 
 dilatoria. Inst. 4. 13. 8, 10. 
 
 TEMPORALITIES. [L. Lat. tempora- 
 lia.'\ In English law. The lay-fees of 
 bishops, with which their churches are en- 
 dowed or permitted to be endowed by the 
 liberality of the sovereign, and in virtue of 
 which they become barons and lords of par- 
 liament. Spelman, voc. Temporalia. 
 
 TEMPORIS EXCEPTIO. Lat. In 
 the civil law. A plea of time ; a plea of 
 lapse of time, in bar of an action. 1 MacTc. 
 Civ. Law, 200, § 200. Answering to the 
 
 plea of the statute of limitations at com- 
 mon law. 
 
 TEMPS. L. Fr. In old English law. 
 Time; times. Temps descovenahles ; non- 
 juridical seasons. Britt. c. 52. Par temps ; 
 presently; shortly. Kelham. 
 
 TEMPTATIO, Tentatio. L. Lat. [from 
 tentare, to try.] In old English law. As- 
 say or trial. Temptatio panis fiat his in 
 anno ; the assay of bread shall be made 
 twice a year. Cart. 20 Edw. I. n. 61. 
 Cowell. 
 
 TEMPUS. Lat. In civil and old Eng- 
 lish law. Time ; a time or term ; a limit- 
 ed period of time. See infra. Tempm 
 enim modus tollendi obligationes et actiones, 
 quia tempus currit contra desides et sui 
 juris contemptores ; time is a means of re- 
 moving obligations and actions; because 
 time runs against the slothful and those 
 who are neglectful of their right. Fleta, 
 lib. 4, c. 5, § 12. 
 
 TEMPUS CONTINUUM. Lat. In the 
 civil law. A continuous or absolute period 
 of time. A term which begins to run from 
 a certain event, even though he for whom 
 it runs has no knowledge of the event, and 
 in which, when it has once begun to run, 
 all the days are reckoned as they follow 
 one another in the calendar. Dig. 3. 2. 8. 
 1 Mack. Civ. Law, 180, § 187. 
 
 TEMPUS SEMESTE. Lat. In old 
 English law. The period of six months or 
 half a year, consisting of one hundred and 
 eighty-two days. Seg. Jud. 50 b. 6 Co. 
 62 a. Yelv. 100. Cro. Jac. 166. 
 
 TEMPUS UTILE. Lat. In the civil 
 law. A profitable or advantageous period 
 of time. A term which begins to run from 
 a certain event, only when he for whom it 
 runs has obtained a knowledge of the 
 event ; and in which, when it has once be- 
 gun to run, those days are not reckoned 
 on which one has no experiundi poiestas, 
 i. e. on which one cannot prosecute his 
 rights before a court. Dig. 3. 6. 6. 1 
 Mack Civ. Law, 180, § 187. 
 
 TENANCY. [L. Fr. tenaunce; L. Lat. 
 tenentia.'] A holding or mode'of holding 
 an estate. 
 
 In old English law. A house of habita- 
 tion, or place to live in, held of another. 
 Stat. 23 Eliz. c. 4. Cowell. 
 
 TENANCY IN COMMON. The hold- 
 ing of an estate in lands by several persons, 
 by several and distinct titles, but by unity 
 of possession.* ^ Bl.Com,\Ql. 4:Kentg 
 Com. 367. Atenancy in common is where 
 
TEN 
 
 (513) 
 
 TEN 
 
 two or more hold the same land, with in- 
 terests accruing under different titles ; or 
 accruing under the same title, but at dif- 
 ferent periods ; or conferred by words of 
 limitation importing that the grantees are 
 to take in distinct shares. 1 Steph. Com. 323. 
 
 The holding of a personal chattel, as of 
 a ship or vessel, by several persons at the 
 same time, with distinct but undivided in- 
 terests. See 3 Kenfs Com. 151, 
 
 TENANT. L. Fr. and Eng. [L. Fr. 
 tenaunt, from tener, to hold ; L. Lat. tenens, 
 from tenere, to hold.] One who holds ; a 
 holder, especially of lands or tenements. 
 
 In feudal law. One who holds of an- 
 other, (called lord or superior,) by some ser- 
 vice, as fealty or rent. See Tenure. 
 
 In English law. One who holds of an- 
 other, (according to the Action or maxim of 
 tenure,) though, in point of fact, the abso- 
 lute owner of what he so holds ; as a tenant 
 in fee simple.* 2 Bl. Com. 59, 104, 105. 
 3 Kent's Com. 487. 
 
 One who actually holds of another ; one 
 who has temporary possession and use of 
 that which is in reality the property of 
 another; as a tenant for life or years. 
 The correlative of landlord. 
 
 One who has actual seisin or possession 
 of lands or tenements. Co. Litt. 1 b. • 
 
 One who has actual possession of lands 
 claimed in suit by another ; the defendant 
 in a , real action. The correlative of de- 
 mandant. 3 Bl. Com. 180. 
 
 One who holds or possesses lands or 
 tenements by any kind of right, either in 
 fee, for life, years or at will. Cowell. This 
 definition sufHciently expresses the general 
 meaning of the word, as at present used 
 both in English and American law. 
 
 *^* Lord Coke, commenting on the word 
 tenant as used by Littleton, observes that it 
 has all the significations of the Lat. teneo, 
 from which it is derived. For the tenant 
 has Itenet] the estate of the land ; he holds 
 \tenei\ the land of some superior lord ; he 
 is to perform [feraere] the services due ; and 
 thereunto he is bounden, \tenetur\ by doom 
 &T\(\. judgment oila,^. Co. Lilt. Xh. Litt. 
 sect. 1. See Teneo, Tenere. 
 
 The word tenant continues to be exten- 
 sively employed in American law, although 
 the principle of tenure, in the feudal sense, 
 from which it is derived, and which it radi- 
 cally imports, is no longer recognized. See 
 Sjtent's Com. 488, 513, 514. Its princi- 
 pal use now is to distinguish the degree or 
 quantity of right or interest which persons 
 
 Vol. n. 33 
 
 may have in lands or other subjects of pro- 
 perty, as whether in fee, for years, &c, 
 whether in severalty, or in common, t&c. 
 As applied to estates in fee simple, it signi- 
 fies owner or proprietor ; as applied to lesa 
 estates, it signifies holder, occupier, or pos- 
 sessor. In the latter application, however, 
 particularly in regard to estates for years, 
 the word continues to retain in a degree ita 
 ancient and peculiar sense of a holding of 
 another by service ; and though the service 
 is now a stipulated rent paid as a mere equi- 
 valent for the occupation, the proprietor 
 is still known, even in common speech, by 
 the feudal appellation of land lord. 
 
 TENANT IN CAPITE. L. Fr. and Lat. 
 In feudal and old English law. Tenant in 
 chief; one who held immediately under 
 the king, in right of his crown and dignity. 
 2 Bl. Com. 60. 
 
 TENANT IN FEE SIMPLE, (or TE- 
 NANT IN FEE.) He who has lands, 
 tenements or hereditaments, to hold to him 
 and his heirs forever, generally, absolutely 
 and simply ; without mentioning what heirs, 
 but referring that to his own pleasure, or 
 to the disposition of the law. • 2 Bl. Com. 
 104. Litt. sect. 1. 2 Crabb's Real Prop. 
 6, § 948. See Fee simple. 
 
 TENANT IN TAIL. In English law. 
 He who has lands, tenements or heredita- 
 ments, to hold to him and the heirs of his 
 body.* Litt. sect. 14. 2 Bl. Com. 113. 
 2 CrabVs Real Prop. 23, §§ 971, 972. 
 See Fee tail. 
 
 TENANT FOR LIFE. One who holds 
 lands or tenements for the term of his own 
 life, or for that of any other person, (in 
 which case he is called tenant pur auter 
 vie,) or for more lives than one. 2 Bl. 
 Co7n. 120. See Fstate for life. 
 
 TENANT IN DOWER. A woman 
 who holds the third part of the lands and 
 tenements of which her deceased husband 
 was seised, for the term of her life, as her 
 dower.* 2 Bl. Com. 129. See Mstate in 
 dower. 
 
 TENANT BY THE CURTESY. One 
 who, on the death of his wife seised of an 
 estate of inheritance, after having by her 
 issue born alive and capable of inheriting 
 her estate, holds the lands and tenements 
 for the term of his life. After the birth of 
 the issue and before the death of the wife, 
 he is called tenant by the curtesy initiate ; 
 after the death of the wife, tenant by the 
 
 curtesy consummate. 
 Estate by the curtesy. 
 
 Co. Lilt. 30 a. See 
 
TEN 
 
 (514) 
 
 TEN 
 
 TENANT FOR YEARS. One who 
 holds lands or tenements under a lease or 
 demise from another, for the term of a cer- 
 tain number of years agreed upon ; a lessee 
 for years.* ' 2 Bl. Com. 140. See Estate 
 for years. 
 
 TENANT FROM YEAR TO YEAR. 
 One who holds lands or tenements under 
 the demise of another, where no certain 
 term has been mentioned, but an annual 
 rent has been reserved. See 1 Steph. Com. 
 271. 4 Kenfs Com. Ill, 114. 
 
 One who holds over, by consent given 
 either expressly or constructively, after the 
 determination of a lease for years. Id. 
 112. 
 
 TENANT AT WILL. One who holds 
 lands or tenements let to him by another, 
 at the will of the lessor.* Litt. sect. 68. 
 2 Bl. Com. 145. 4: Kenfs Com. 110. See 
 Estate at will. 
 
 TENANT BY (or AT) SUFFERANCE. 
 One that comes into the possession of land 
 by lawful title, but holds over by wrong, 
 after the determination of his interest. 4 
 Kents Com. 116. 2 Bl. Com. 150. Co. 
 Litt. 51 b. See Estate at sufferance. 
 
 TENANT A VOLUNTE. L. Fr. Ten- 
 ant at will. Litt. sect. 68. 
 
 TENANT PERAVAILE, (or PARA- 
 VAIL.) L. Fr. The lowest tenant, (lit- 
 erally, the under or bottom tenant,) of 
 land, one who held of a mesne lord.* 
 Litt. sect. 555. See Paravail. 
 
 TENAUNT. L. Fr. [from tener, to 
 hold.] In old English law. Tenant; a 
 tenant. Pur ceo que le pleintyfe est son 
 tenaunt, et del tenement que il tient de luy 
 est arere ; for that the plaintiff is his ten- 
 ant, and of the tenement which he holds 
 of him is in arrear, Britt. c. 27. 
 
 The defendant in a real action. Si le 
 garaunt veigne aljour que il serra somouns, 
 et le pleyntyfe ausi, et le tenaunt nent; if 
 the warrantor come at the day that he 
 shall be summoned, and the plaintiff also, 
 and the tenant not. Britt. c. 75. 
 
 TENCON. L. Fr. A dispute ; a quar- 
 rel. Kelham. . 
 
 TEND. In old English law. To ten- 
 der or offer. Cowell. 
 
 To TENDER. L. Fr. and Eng. [L. Fr. 
 tendre, (q. v.) from Lat. tendere, to stretch 
 or hold out, to extend.] To offer, by pre- 
 senting a thing, and as it were holding it 
 out to another ; to offer to pay an amount 
 of money, by presenting it to another. 
 See Tender. — To carefully offer, or circum- 
 
 spectly endeavor lihe performance of any 
 thing belonging to us. Cowell. See 
 Teridre. 
 
 To offer in words, or by a form of 
 words. See Tender of issue. 
 
 TENDER. An offer of a sum of 
 money in satisfaction of a debt or claim, 
 by producing and showing the amount to 
 the creditor or party claiming, and ex- 
 pressing verbally a willingness to pay it.* 
 A mere offer to pay is not, in legal strict- 
 ness, a tender. 2 Ball. 190. Marshall, 
 arg. 1 Wash. (Va.) H. [348,] 450. The 
 word imports not only a verbal offer, but 
 a corresponding corporeal act, as by pro- 
 ducing and showing the amount ; and this 
 is strictly sustained by its etymology, the 
 Lat. tendere, from which it is derived, sig- 
 nifying to stretch or hold out, to extend; 
 implying that what is tendered is held out 
 to the party for his acceptance ; the party 
 tendering thus representing, both by word 
 and act, not only his willingness, but his 
 readiness, to do all in his power to satisfy 
 the demand. As to the kind of money in 
 whiph a tender should be made, and gen- 
 erally what is a good tender, see 3 CAitt. 
 Bl. Com. 304, note. United States Digest, 
 Tender. 
 
 To constitute a valid legal tender there 
 must be an actual offer of the sum due, 
 unless the actual production of the money 
 be dispensed with by a refusal to accept, 
 or something equivalent thereto ; and this 
 offer must be an absolute one, not coupled 
 with any condition. 2 Stark. Evid. 778, 
 779. 15 WendelVs JR. 637; cited by 
 Crawford, J. 1 Wisconsin JR. 141, 147. 
 A declaration of willingness and readi- 
 ness to pay is not a legal tender of pay- 
 ment. Id. 
 
 TENDER OF ISSUE. A form of 
 words in a pleading, by which a party 
 offers to refer the question raised upon it 
 to the appropriate mode of decision. The 
 common tender of an issue of fact by a 
 defendant, is expressed by the words, 
 " And of this he puts himself upon the 
 country." Steph. PI. 54, 230. 
 
 TENDRE, Tender. L. Fr. [from Lat. 
 tendere, to reach, to offer.] In old English 
 law. To offer ; to tender ; to express a 
 readiness. Si ascun pV — monstre chartres, 
 et tendent averement; if any plaintiff — 
 show charters, and offer proof. Britt. 
 c. 76. Et si le breve soit covenable et bon, 
 si coviendra au pleyntyfe tendre d'averer 
 toute sa entente; and if the writ be regular 
 
TEl^ 
 
 (515) 
 
 TEN 
 
 and good, it behooves the plaintiff to offer 
 to aver or prove [to express himself ready 
 to verify] all his count. Id. c. 98. Little- 
 ton uses this word in its present English 
 form. Aljour assesse, de tender a luy ; 
 at the day set, to tender to him. Litt. 
 sect. 340. 
 
 TENEMENT. L. Fr. and Eng. [from 
 Fr. tener, to hold; L. Lat. tenementum, 
 from tenere, to hold.] A thing holden. 
 2 £1. Oom. 59. — "A possession holden." 
 Mnch's Law, b. 2, ch. 4. — Any thing that 
 may be holden, provided it be of a perma- 
 nent nature, whether it be of a substantial 
 and sensible, or of an unsubstantial ideal 
 kind. 2 £L Com. 17. See 3 Kent's Com, 
 401. 17 Pick. H. 105. Tenement is a 
 word of gfeater extent than land, includ- 
 ing not only land, but rents, commons and 
 several other rights and interests issuing 
 out of, or concerning land. 1 Steph. Com. 
 158, 159. A tenement must lie in tenure 
 and must relate to land. Burr. Sett. Cas, 
 318. 
 
 In the popular sense, a house or build- 
 ing. 2 Bl. Com. 16, 17. A building for 
 a habitation. Webster. A house with the 
 home-stall, or immediate appurtenances. 
 Branded Sometimes construed in law to 
 have this sense. See 10 Wheaton's R. 
 236, Story, J. 17 Pick. R. 105, Wilde, J. 
 2 East, 189. 4 Id. 362. And see Tene- 
 mentum. 
 
 This word is purely French, and in com- 
 position is expressed by the English hold. 
 Thus, irsivk-tenement is translated iree-hold. 
 See ITold. 
 
 TENEMENT. L. Fr. [from tener, to 
 hold.] Tenement ; a tenement ; land held 
 of another by service. Del tenement que 
 il tient de luy; of the tenement which he 
 holds of him. Britt. c. 27. Ghateux que 
 demorent en le tenement; chattels which 
 remain on the tenement. Id. c. 40. 
 Trova le tenement pleyne ; finds the tene- 
 ment full. Id. ibid. Fraunk tenement; 
 freehold. Id. ibid. Id. c. 47, et passim. 
 
 " TENEMENTS," in a will, in its ordi- 
 nary sense, imports a mere local descrip- 
 tion of the property; but it sometimes 
 carries a fee, as whore the context, or ap- 
 parent intention of the testator, requires 
 such a construction. See 10 Wheaton's R. 
 236, Story, J. "The word 'tenements' 
 has never been construed in a will, inde- 
 pendently of other circumstances, to pass 
 a fee." Id. 238. 
 
 TENEMENTARY (or TENEMENT- 
 
 AL) LAND. [L. Lat. terra tenementalis.] 
 In English law. That part of a manor 
 which is granted out to tenants, as distin- 
 guished from the demesne lands of the 
 lord; the tenant's land or tenancy. Called, 
 in Saxon law, the outland. Cowell. Spel- 
 man, voce. Inland, Utland. 2 Bl. Com. 
 90. 
 
 TENEMENTUM. L. Lat. [from tenere, 
 to hold.] In old English law. A tene- 
 ment ; a thing held by service ; a fee, fief 
 or feudal estate ; an estate which a tenant 
 holds of a lord. Spelman. Devenio homo 
 vester, de tenemento quod de vobis teneo; I 
 become your man, of the tenement which 
 I hold of you. Bract, fol. 80. Liberum 
 tenementum ; a free tenement, or freehold, 
 as distinguished from villetMgium. Id. 
 fol. 207. Tenementorum, aliud liberum, 
 aliud villenagium ; of tenements, one kind 
 is free, the other villeinage. Id. ibid. 
 
 A corporeal thing held of another; a 
 thing capable of being viewed, entered 
 upon, measured, cultivated, fed upon. 
 Hence, primarily, land held by service. 
 Intrat dominus in tenementum tenentis sui, 
 etfacit ei disseysinam ; the lord, enters into 
 the tenement of his tenant, and disseises 
 him. Bract, fol. 46 b. Videant tenemen- 
 tum ad quod communia pertinere dicitur. 
 Tenementum videlicet in quo communia 
 pastures petitur, qualitatem et quantitaterrt, 
 et per quas metas ; they should view the 
 tenement to which the common of pasture 
 is said to be appurtenant. The tenement, 
 too, in which the common is demanded, its 
 quality and quantity, and by what metes 
 [it is bounded.] Id. fol. 224. Plures 
 habere possunt jus pascendi in una tene- 
 mento ; several may have a right of pas- 
 ture in one tenement. Id. ibid. Nemo 
 possit communiam petere in aliquo tene- 
 mento quod excoli possit, vel includi, vel 
 poni in defensum ; no one can claim com- 
 mon in any tenement which can be culti- 
 vated, or enclosed, or put in defence, [i. e. 
 exclusively appropriated.] Id. fol. 228. 
 
 Tenure; the mode or circumstance of 
 holding. Tenementum nan mutat statum 
 liberi, non mac/is quam servi. Poterit enim 
 liber. homo tenere ^w«m villenagium, faci- 
 endo quicquid ad villenagium pertinebit, et 
 nihilominus liber erit, cum hoe faciat 
 ratione villenagii, et non ratione personce 
 sum; the tenure [or mode of holdintr,] 
 does not alter the condition of a freeman, 
 any more than of a slave. For a freeman 
 may hold pure villeinage, doing whatever 
 
TEN 
 
 (516) 
 
 TEN 
 
 shall pertain to villeinage, and nevertheless 
 be a freeman, since he does this in regard 
 of the villeinage, and not in regard of his 
 own person. Bract, fol. 26. 
 
 A tenement ; a building for habitation 
 or occupation ; a messuage, house or shop. 
 There is a writ in the Register, De tene- 
 mentis legalis, (about tenements J)equeath- 
 ed.) One form of this writ, directed to 
 the mayor and sheriffs of London, recites 
 that, "whereas, according to custom in 
 the said city hitherto used and approved, 
 it is lawful for every citizen of the said 
 city to bequeath his tenements in the said 
 city, by his last will and testament, to 
 ■whomsoever he pleases, in the same way 
 as his chattels, {licet unicuique civi ejusdem 
 civitatis tenementa sua in eadem civitate, in 
 teslamento suo in ultima voluntate sua, 
 tanquam catalla sua legate cuicunque vol 
 uerit;) and that one S. late a citizen of 
 the said city, had in his last will and tes- 
 tament bequeathed four shops, with the 
 appurtenances, {quatuor shopas cum perti- 
 nentiis,) or four messuages and ten shops, 
 [quatuor mesuagia et decern shopas,) with 
 the appurtenances, &c. to E." Reg. Orig. 
 244 b. Another writ, directed to the bail- 
 iffs of Great Yarmouth, recites a similar 
 custom of the burgesses of that town, and 
 applies it to a messuage bequeathed by 
 will, &c. Id: ibid. 
 
 A chattel ; a thing bought and held by 
 a villein. £t quod tenementum contineri 
 possit suh generalitate catallorum, quantam 
 ad dominum, videtur, quia ex catallis illo- 
 rum servorum, [quce dominorum esse de- 
 bent,) empta sunt tenementa ; and it 
 seems, that as far as concerns the lord, a 
 tenement may be embraced under the gen- 
 eral designation oi chattels ; because, with 
 the chattels of those bondmen, (which 
 ought to be their lords',) tenements are 
 bought. Bract, fol. 26. 
 
 A manor. Spelman. 
 
 TENENDAS. In Scotch conveyanc- 
 ing. That clause of a charter by which 
 the particular tenure is expressed. BeWs 
 Diet. 
 
 TENENDUM. L. Lat. [from tenere, to 
 hold ; L. Fr. a tener.'] In old conveyanc- 
 ing. To hold ; literally, to be held. A 
 formal word in charters, by which a ten- 
 ement was conveyed, expressive of tenure, 
 or indicating that the thing conveyed was 
 to he held, in the feudal sense of the term. 
 It was constantly and closely associated 
 with the word habendum, as in the follow- 
 
 ing examples : Bo tali, (dc. habendum et 
 tenendum sibi et hceredibus suis ; I give to 
 such a one, &c. to have and to hold to 
 him and his heirs. Bract, fol. 17 b, 18. 
 The word, however, was usually made to 
 vary in gender and number, according to 
 the precise appellation of the thing con- 
 veyed ; tenendum being used with terram 
 or acram, and tenendas with acras. Sci- 
 ant prcesentes etfuturi, quod ego talis, dedi 
 et concessi, <S:c. tantam terram cum perti- 
 nentiis, in tali villa, habendam et tenendam 
 tali, &c. Know [all men] present and to 
 come, that I, such a one, have given and 
 granted, &c. to such a one, &c. so much 
 land, with the appurtenances, in such a 
 town ; to have and to hold, [literally, to be 
 had, and to be held,] to such a one, &c. 
 Id. fol. 34 b, 35. 
 
 The tenendum clause, as it is termed, in 
 old deeds, is described as being expressed 
 at length, — " tenendum per servitium mili- 
 tare," (to hold by knight service ;) " tenen- 
 dum in burgagio," (to hold in burgage ;) 
 " tenendum in libero socagio," (to hold in 
 free socage.) 2 Bl. Com. 299. After the 
 statute of Quia Empiores, it was express- 
 ed, — ^" tenendum de capitalibus dominis 
 feodi," (to hold of the chief lords of the 
 fee.) But this expressing nothing more 
 than the statute had already provided for, 
 the clause, according to Blackstone, gradu- 
 ally grew out of use; and Sheppard re- 
 marks that, in his day, it was, for the most 
 part, omitted altogether. Shep. Touch. 
 80. The single word tenendum, (to hold.) 
 was, however, retained, and joined to the 
 habendum, in one clause. Cruise's Dig. 
 tit. xxxii. ch. 2, sect. 52. 
 
 In modern conveyancing, the tenendum 
 in this abridged form, (which corresponds 
 with the use of it by Bracton, ub. sup.) is 
 still in use, or, in other words, the English 
 " to hold" is invariably used in immediate 
 connection with " to have," (the ancient 
 habendum;) and though deprived of its 
 peculiar ancient significance, seems entitled 
 to be regarded as something more than a 
 mere 'word of form; the word "hold," in 
 its ordinary sense of actual possession and 
 entire control of a thing, adding in a con- 
 siderable degree to the significance of the 
 word " have," with which it is associated. 
 
 TENENS. Lat. [from tenere, to hold.] 
 In old English law. A tenant ; a holder ; 
 one who holds. The correlative of domi- 
 nus, (lord.) Fleta, lib. 3, c. 12, § 3. De- 
 bet tenens manus suas utrasque ponere 
 
TEN 
 
 (517) 
 
 TEN 
 
 inter manus utrasque domini sui ; the 
 tenant ought to put both his hands 
 between both the hands of his lord. 
 Bract, fol. 80. Potest quis esse tenens 
 mens reddendo mihi redditum ; a man may 
 be my tenant by rendering to me a rent, 
 /rf.'fol. 169. 
 
 TENENS. L. Lat. In old practice. 
 Tenant; the tenant; the defendant in a 
 real action. Fleta, lib. 6, c. 6, § 1. 
 
 TENEO. Lat. I hold, (or TENERE, 
 to hold,) is said by Lord Coke to have the 
 following significations : 
 
 To have, as an estate. Co. Litt. 1 b. 
 
 To hold of some superior. Id. ibid. 
 
 To keep, as a covenant. Id. ibid. 
 
 To bind, as an obligation. Id. ibid. 
 
 To judge or deem. Id. ibid. 
 
 See these senses applied to the word 
 tenant. Id. ibid. See Tenere. 
 
 TENER. L. Fr. In old English law. 
 To hold. A aver et tener a luy et a ses 
 heires ; to have and to hold to him and his 
 heirs. Litt. sect. 625. 
 
 To keep. Tener horsde droit heire; to 
 keep out the right heir. Britt. a. %5. Si 
 V uncle ou V aunte soit en seisine, ei teigne 
 hors V neveu ; if the uncle or the aunt be in 
 seisin, and hold out the nephew. Id. 
 c. 119. Tenes vous al un ; keep yourself 
 to one [issue.] Yearb. M. 5 Edw. Ill 106, 
 [plea,] M. 7 Edw. IIL 31. T. 1 Edw. IL 14. 
 
 TENERE. Lat. In the civil law. To 
 hold. A term expressive of mere fact 
 without reference to right ; or expressive 
 of what was termed corporeal and natural 
 possession. Habere, (to have,) and possi- 
 dere, (to possess,) on the other hand, were 
 terms expressive of right, or what was term- 
 ed civil possession. Calv. Lex. See Habere. 
 
 To observe or keep. Calv. Lex. 
 
 To bind. Id. 
 
 To be of force or validity. Id. 
 
 TENERE. Lat. In old English law. 
 To hold by service, in the feudal sense. 
 De tenemento quod de vobis teneo ; of the 
 tenement which I hold of you. Bract, fol. 
 80. Co. Litt. 1 b. 
 
 To hold, judicially. Tenere placitum ; 
 to hold plea ; to take cognizance of an ac- 
 tion ; to exercise or entertain jurisdiction. 
 Frohibemus vobis ne teneatis placitum ; 
 we prohibit you that you do not hold plea. 
 Beg. Grig. 34. Tenere placita ; to hold 
 pleas ; to have a court of one's own. FincKs 
 Law, b. 2, c. 14. 
 
 To hold, or be seised of; to have. Co. 
 Litt, 1 b. 
 
 To hold; to bind. Teneri; to be held 
 or bound. Noverint universi me A. de tali 
 com', teneri B, in x marc'; Know all men 
 that I, A. of such a county, am bound to 
 B. in ten marks. Fleta, lib. 2, c. 64, § 3. 
 
 To keep, fulfil or perform. Froecipe 
 A. quodj'ac. teneat B. conventionem inter 
 eos factum, &c. Command A. that, &o. 
 he keep with B. the covenant made be- 
 tween them. Feg. Orig. 165. 
 
 To do, perform or render. Frcecipimus 
 vobis quod sine dilatione plenum rectum 
 teneatis W. B. de uno mesuagio, &c^ We 
 command you, that without delay you do 
 full right to W. B. of one messuage, ifec. 
 Beg. Orig. 1. 
 
 To stand good ; to have efiect. Tenet — 
 tenebit breve; the writ holds — will hold. 
 Bract, fol. 189. Cadit breve versus tales, 
 licet teneat versus alios ; the writ falls or 
 abates against such, though it holds against 
 the others. Id. fol. 203. 
 
 TENET, (he holds,) and TENUIT, (he 
 held.) L. Lat. In old practice. Words 
 formerly applied to the writ of waste ; the 
 writ being said, with regard to the defend- 
 ant, to be brought either in the tenet or 
 the tenuit. In the tenet, where the par- 
 ticular estate was still subsisting, and the 
 place wasted was to be recovered with 
 damages ; in the tenuit, where the particu- 
 lar estate had expired, and damages only 
 were sought to be recovered. Boscoe't 
 Beal Act. 123. 
 
 TENHEVED. [Sax. tienheofod, from 
 tien, ten, and heofod, head.] In old Eng- 
 lish law. The head of a tithing, or decen- 
 nary; a tithingman, chief pledge, head 
 borough or borsholder. Spelman. 
 ^ TENTER, Tener.- L. Fr. To hold; to 
 accept or take. Kelham. 
 
 To think ; to regard or look upon. Id. 
 TENMANTALE, Tenmentale. Sax. 
 [from tien, ten, men, and tale, a number or 
 count.] In Saxon and old English law. 
 A tithing or decennary ; the number of 
 ten men. LL. Edw. Conf. a. 19. 
 
 A tribute paid to the king, of two shil- 
 lings for every plough-land. Hoveden, A. 
 D. 1194, cited in Spelman, Cart. 29 
 Fdw. I. cited in Cowell. 
 
 TENOR. Lat. [from tenere, to hold or 
 direct.] In feudal law. Tenor, or tenure ; 
 the mode of holding an estate or fee ; a 
 limiting or restricting to a certain course, 
 tinae or quantity ; the declaration or limi- 
 tation of an estate ; the express terms of the 
 feudal donation. Tenor est pactio, contra 
 
TEN 
 
 (518) 
 
 TEN 
 
 communem feudi naturam ae rationem, in 
 contractu interposiia ; tenor is an agree- 
 ment, contrary to the common nature and 
 reason of a fee, interposed or inserted in 
 the contract [by which it is conveyed.] 
 Hotoman de Verb. Feud. toc. Tenor 
 feud. 
 
 Tenor est qui legem dat feodo. It is the 
 
 tenor [express terms of the feudal dona- 
 tion] which gives law to the fee. 2 Bl. 
 Com. 310. Wright on Ten. 35, 21, 162. 
 It is the tenor of the feudal grant which 
 regulates its effect and e?tent. BroonCs 
 Max. 304, [346.] The declaration by the 
 lord from whom the feud or fee moved, of the 
 continuance or quantity of estate which he 
 meant to confer, governed the fee. 2 Bl. 
 Com. 310. Tenor est qui dat legem feudo, 
 et plerumque naturam feudi mutat ; it is 
 the tenure which gives law to the fee, and 
 for the most part changes the nature of the 
 fee. Crag, de Jur. Feud. 50. Zasius in 
 (Is. Feud. fol. 123. Wright on Tenures, 
 21, note. 
 
 TENOR. Lat.. and Eng. [from Unere, 
 to hold on ; to have a continuous progress.] 
 The exact copy of a writing, pursuing the 
 course of its words as they succeed one 
 another.* Tenor always imports a true 
 copy of the thing written, and consists in 
 identity. 3 Salk. 225. Reg. Orig. 220 b. 
 " Tenor signifies the very words." Holt, 
 C. J. 12 Mod. 218. See 1 Gushing' s H. 
 65, 66. See Purport. 
 
 The true intent and meaning of an in- 
 strument. To do a thing according to the 
 tenor of a writing, is to do it according to 
 the true intent and meaning thereof. Cow- 
 ell. " According to the tenor, true intent 
 and meaning of these presents," is a clause 
 of frequent occurrence in deeds and other 
 instruments, from which the above expla- 
 nation may have been derived. 
 
 TENS. L. Fr. Time. Kelham. An 
 old form of temps. 
 
 TENSER. L. Fr. To keep; to per- 
 form. Kelham. 
 
 TENTHS. [Lat. decimce.} In English 
 law. A temporary aid issuing out of per- 
 sonal property, and granted to the king by 
 parliament ; formerly the real tenth part 
 of all the moveables belonging to the sub- 
 ject. 1 Bl. Com. 308. 
 
 In English ecclesiastical law. The tenth 
 part of the annual profit of every living in 
 the kingdom, formerly paid to the Pope, 
 but by statute 26 Hen. VIII. c. 3, trans- 
 ferred to the crown, and afterwards made 
 
 a part of the fund called Queen Anne's 
 Bounty. 1 Bl. Com. 284—286. 
 
 TEN'TUM. A contraction of tenemen- 
 tum. 1 Instr. Cler. 13. Com. 228. 
 
 TENTUS, Tentum. L. Lat. In old 
 English law. Held ; holden. A barba- 
 rous participle formed from the verb tenere, 
 (q. V.) Ad curiam tentam ibidem quin- 
 todie Aprilis ; at a court held in the same 
 place on the fifth day of April. Chartu- 
 ''■ty of forms, cited Bl. Law Tr. 108, 
 note. 
 
 TENtJIT. Lat. He held. See Tenet. 
 
 TENURA. L. Lat. In old English 
 law. Tenure. Mag. Cart. 9 Hen. III. c. 
 33. 
 
 TENURE. L. Er.. and Eng. [from te- 
 ner, to hold ; L. Lat. tenura.J A manner 
 of holding ; the mode of holding a feudal 
 estate. Tenure est lamaniere par quoy les 
 tenements sent tenues des seigneurs ; tenure 
 is the manner by which tenements are held 
 of lords. Custum. de Norm. c. 28. The 
 mode or principle of holding of a superior 
 by service; the fundamental principle of 
 the feudal system; 
 
 In the law of England, the principle of 
 tenure is still expressly retained, it being 
 a fundamental maxim that all the land 
 in the kingdom is held, mediately or im- 
 mediately, of the sovereign. Co. Litt. 
 93 a, 1 a, 1 b, 65 a. Wright on Tenures, 
 136, 137. 2 Bl. Com. 59. 1 Steph. Com. 
 173. 3 Kent's Com. 487. 
 
 In the United States, government is theo- 
 retically considered the source of all titles 
 to land, but in the proper feudal sense, the 
 principle of tenure seems to be abrogated ; 
 tenante in fee being to all intents and pur- 
 poses the absolute owners of their estates. 
 See 1 Milliard's Heal Prop. 79 — 81, [37.] 
 In some of the states, tenure in socage is said 
 still to exist in theory, but in others it has 
 been expressly abolished, and practically 
 all land is now held by an allodial title. 
 See 3 Kent's Com. 488, 509—514. 1 
 Hilliard's Real Prop. 80, 81, [39.] There 
 is high authority, however, for the opinion 
 that the great feudal principle of tenure 
 has been acknowledged in American jaris- 
 prudence, and that we have no lands which 
 are properly allodial, that is, which are not 
 holden. 1 Oreenleafs Cruise Dig. 23, 
 note. The idea of tenure certainly per- 
 vades, to a considerable degree, the law of 
 real property in this country ; and the lan- 
 guage of tenure is everywhere in constant 
 use, all proprietors, owners, or holders of 
 
TBR 
 
 (519) 
 
 TER 
 
 real estates being teclinically denominated 
 tenants. 
 
 TENUS. -L. Fr. Holden. Dyer, 29 b. 
 
 TERCE. [from Lat. tertius, third.] 
 In Scotch law. Dower; right of dower. 
 A relict's right to the life rent of a third of 
 lands, tithes, wadsets, and annual rents in 
 fee whereof her husband died infeft. 1 
 Forbes' Inst, part 2, p. 145. — The right 
 which a widow has to the third part of 
 the rents of the heritage in which her hus- 
 band died infeft. BelVs Diet. 
 
 TERCER. In Scotch law. A widow 
 that possesses the third part of her hus- 
 band's land as her legal jointure. 1 Karnes' 
 Equity, pref 
 
 TERM, [from L. Fr. terme ; from Lat. 
 terminus ; Gr. Tipjia.l A limit ; a bound 
 ■or boundary, particularly of time. 
 
 A limitation of time. Co. Litt. 45 b. 
 A limitation of an estate to a certain pe- 
 riod ; the period of time for which an es- 
 tate is granted, as for life or years ; the 
 duration of an estate. See 1 Chitt. Gen. 
 Pr. 159. 
 
 An estate or interest conveyed for a cer- 
 tain time, or limited to a certain period of 
 time. Go. Litt. 45 b. Burton! s Real Prop. 
 270, pi. 835. An estate for years is called 
 a term, {terminus^ because its duration or 
 continuance is bounded, limited, and deter- 
 mined ; for every such estate must have a 
 certain beginning and certain end. 2 Bl. 
 Com. 143. 
 
 A limited and fixed period of time during 
 which courts are statedly held, sit, or are 
 open for the hearing and trial of causes. 
 See Terms of Court, Terminus. 
 
 A word, {yocdbulum ;) a word of art, or 
 technical word ; a descriptive expression. 
 See Terme, Terminus, Terms. 
 
 TERM. In the civil law. A space of 
 time granted to a debtor for discharging 
 his obligation. Path. Obi. part 2, ch. 3, 
 art. 3, § 1. 
 
 TERM PROBATORY. In English 
 ecclesiastical practice. A certain time 
 within which the plaintiff is required to 
 prove so much of the libel as the defendant 
 has not confessed in his personal answers. 
 Halli/ax, Anal. h. 3, c. 11, num. 12. The 
 appointment by the judge of such time. 
 Id. 
 
 TERM TO PROPOUND ALL 
 THINGS. In English ecclesiastical prac- 
 tice. An appointment by the judge of a 
 time at which both parties are to exhibit 
 all the acts and instruments which make 
 
 for their respective causes. Id. ibid. num. 
 22 
 
 TERM TO CONCLUDE. In English 
 ecclesiastical practice. An appointment 
 by the judge, of a time at which both par- 
 ties are understood to renounce all further 
 exhibits and allegations. Id. ibid, num. 
 23. 
 
 TERME. L. Fr. [from ,Lat. terminus, 
 q. v.] In old English law. A period of 
 time ; the term or period of an estate. A 
 terme que n'est mye uncore passe ; for a 
 term which is not yet passed. Britt. c. 64. 
 Ceo mot terme se estent ausibien a terme 
 de vie, come a terme des ans ; this word 
 " term " extends as well to a term of life, 
 as to a term of years. Id. c. 114. 
 
 A term ; an estate for a certain limited 
 period. Oraunde droit ad le fermer a re- 
 coverer son terme, et son chatell; great 
 right hath the fermor, [termor or lessee,] 
 to recover his term and his chattel. Id. 
 ibid. 
 
 A term of court; a judicial period or 
 season. Ft que les leyes et custumes de dit 
 roialme, termes et processes, soient tenus et 
 gardes, come ils sount et aunt este avant ses 
 heurres ; and that the laws and customs of 
 the said realm, the terms and processes, 
 shall be observed and kept, as they are, and 
 heretofore have been. Stat. 36 Fdw. IIL 
 c. 15. Spelman. 
 
 A term, word, or technical expression ; 
 a word of art. Ft que per les aunciens for- 
 mes et termes de counter nul home soit per- 
 dant, issint que la matter del action soit 
 pleniment monstre ; and that no man shall 
 be a loser by the ancient forms and terms 
 of pleading, so that the matter [or sub- 
 stance] of the action be fully shown. Id. 
 ibid. 
 
 TERMINARE. Lat. In old English 
 law. To end or determine ; to dispose of 
 judicially ; to decide. Loquelce quae atter- 
 minaimfuerunt coram justitiariis de banco, 
 et non terminatse, remaneant sine die; 
 plaints which have been adjourned before 
 the justices of the bench, and not deter- 
 mined, shall remain without day. Bract, fol. 
 355 b. Ft ea quceper eosdem [justiciarios} 
 propter difficultatem aliquorum articulorum 
 terminari non possint, referantur ad justi- 
 tiarios nostros de banco, et ibi terminentur* 
 and those matters which cannot be deter- 
 mined by the same [justices] on account 
 of difiiculty in some points, shall be re- 
 ferred to our justices of the bench, and 
 , shall be determined there. Mag. Cart. 9 
 
TER 
 
 (520) 
 
 TER 
 
 Hen. III. c. 12. See Fleta, lib. 2, c. 3. 
 § 8. Used in a similar sense in the civil 
 law. Oldendorpius. Prateus. 
 
 TERMINER. L. Fr. [from Lat. ter- 
 minare, q. v.] To determine. A oyer ei 
 terminer ioutes quereles; to hear and de- 
 termine all complaints. JBritt. fol. 1. 
 
 TERMINI. Lat. (plur. of terminus, 
 q. V.) Ends ; bounds ; limiting or termi- 
 nating points. 
 
 TERMINUS. Lat. [from Gr. vpi^a.] 
 A bound or limit, either of space or time ; 
 a limiting object, line, or point. 
 
 In the civil law. A mark or physical 
 object, as a tree or stone, dividing one piece 
 of land from another. Biff. 47. 21. Calv. 
 Lex. Prateus. 
 
 A period of time fixed by law, (terminus 
 juris.) Id. 
 
 A limited number. Id. 
 
 In old English law. A dividing or di- 
 vision line between lands, where metes or 
 marks were set up. Bundce, et metce, et 
 mtionabiles divisce, qua ponuntur in termi- 
 nis et finibus agrorum ; bounds and metes 
 and reasonable partitions, which are set up 
 on the boundary lines and limits of lands. 
 Bract, fol. 166 b, 161. 
 
 A term ; a continuance of time; a fixed 
 or limited period of time. Si fiat donatio 
 ad terminum annorum, quamvis longissi- 
 mum, qui excedat vitas hominum, tamen ex 
 hoc non habebit donaiorius liberum tene- 
 mentum, cum terminus annorum certus sit, 
 et determinatus, et terminus viice incertus ; 
 if a gift be made for a term of years, though 
 of the longest duration, exceeding the lives 
 of men, yet the donee shall not, in conse- 
 quence of this, have a freehold, since a term 
 of years is certain and limited, and the term 
 of life uncertain. Bract, fol. 2*7. Durante 
 termino ; during the term. Id. ibid. Post 
 terminum completum ; after the term ended. 
 Id. ibid. De termino in terminum ; from 
 term to term. Id. ibid. Bracton makes 
 a distinction between terminus and iempus. 
 Fieri poterit donatio ad terminum, vel ad 
 tempus ; ad terminum, vitce vel annorum, — 
 ad tempus, i. quousque, vel donee provisum 
 fuerit donatorio ; a gift may be made for 
 a term, or for a time ; for a term, of life or 
 years; for a time, as until provision be 
 made for the donee. Bract, fol. 26 b. 
 
 A term ; an estate granted for a limited 
 period ; a term for years or life. Co. Litt. 
 45 b. 2 Bl. Com. 143. Terminus et feo- 
 dum non possunt constarc simul in una ea- 
 demque persona. The term and the fee 
 
 cannot exist together in one and the same 
 person. Plowd. 29. 
 
 A term of court ; a juridical period of 
 time. Spelman. Terminus Paschce ; Eas- 
 ter Term. Terminus Trinitatis ; Trinity 
 Term. Terminus Sancti Michaelis; Mi- 
 chaelmas Term. Terminus Sancti Hilarii ; 
 Hilary Term. Id. 
 
 A term or word, (vocabulum.) Id. 
 
 TERMINO. Span. In Spanish law. 
 A common ; common land. Common be- 
 cause of vicinage. White's New Becop. b. 
 2, tit. 1, c. 6, §1, note. 
 
 TERMINUS. Lat. In modem law. 
 A limiting point either of time or space, 
 and either at the beginning or end of a 
 period. The termini of a voyage are the 
 two local points at which it begins and ends. 
 The terminus d quo (limit from which,) is 
 the point where it begins ; the terminus ad 
 quern, (limit to which,) is the point where 
 it ends. 3 Reufs Com. 185. The termini 
 of a road or way, are the two points at 
 which it begins and ends. 1 JSast, 377, 
 8 Id. 4, 394. 
 
 In insurance law, the termini of the voy- 
 age are the two local points specified in the 
 policy as the limits of the risk. 1 Amould 
 on Ins. 333, (339, Perkins' ed.) The ter- 
 minus a quo, or place at which the risk 
 commences, in policies on ships, is the port 
 of departure ; in policies on goods, the port 
 of lading, which frequently but not neces- 
 sarily, is the same place. Id. ibid. The 
 terminus ad quern, or point at which the 
 risk ends, is the port of the ship's destina- 
 tion, or the port or ports of the cargo's dis- 
 charge. Id. ibid. Emerig. Tr. des Ass.^ 
 ch. i3, sect. 4, § 1. 
 
 The expressions, terminus a quo, and ter- 
 minus ad quern, are also sometimes applied 
 to points of time. See 7 Man. <& Gr. 149, 
 150, arg. 
 
 TERMINUS HOMINIS. L. Lat. In 
 English ecclesiastical practice. A time for 
 the determination of appeals, shorter than 
 the terminus juris, appointed by the judge. 
 Hallifax, Anal. b. 3, c. 11, num. 38. See 
 Terminus juris. 
 
 TERMINUS JURIS. L. Lat. In Eng- 
 lish ecclesiastical practice. The time of 
 one or two years, allowed by law for the 
 determination of appeals. Hallifax, Anal. 
 b. 3, c. 11, num. 38. 
 
 TERMOR. [L. Fr. termer; L. Lat. 
 firmariusi] One who has a term in lands ; 
 one who holds lands for a certain time, as 
 for a liinited number of years ; one who is 
 
TER. 
 
 (521) 
 
 TER 
 
 entitled to a term of years ; a lessee for a 
 term. 2 Bl. Com, 142. Called, in the 
 French of Britton, termer and fermer, and 
 in the statute of Glocester, termour. Britt. 
 c. 64. Stat. Oloc c. 11. Called, by Lord 
 Bacon, terminor. Worhs, iv. 216, 217. 
 
 TERMS. In the law of contracts. Con- 
 ditions ; propositions stated, or promises 
 made, which, when assented to or accepted 
 by another, settle the contract and bind the 
 parties. Webster. " Terms is an expres- 
 sion applicable to the conveyances and 
 covenants to be given, as much as to the 
 amount of, and the time of paying the con- 
 sideration." Woodbury, J. 8 Howard's 
 B. 451, 466, citing 10 Wendell's B. 219. 
 See 1 Wisconsin iJ. 313, 314. 
 
 TERMS OF COURT. In practice. 
 Those- stated periods of the year, during 
 which courts sit for the dispatch of busi- 
 ness. The terms of the English courts are 
 supposed by Mr. Selden to have been insti- 
 tuted by William the Conqueror, but Sir 
 Henry Spelman has clearly shown, in the 
 opinion of Blackstone, that they were gra- 
 dually formed from the canonical constitu- 
 tions of the church ; being indeed no other 
 than those leisure seasons of the year 
 which were not occupied by the great festi- 
 vals or fasts, or which were not liable to 
 the general avocations of rural business. 3 
 Bl. Com. 275. 
 
 TERRA. Lat. In old English law. 
 Land ; properly, arable land. Beg. Orig. 
 2. 10 Mod. 186. So called, according 
 to Lord Coke, a terendo, quia vomere teritur ; 
 (from breaking up, because it is broken by 
 the ploughshare.) Co. Litt. 4 a. 1 Chitt. 
 Gen. Pr. 179, 180, note. See Lavd. 
 
 Terra culta ; tilled or cultivated land. 
 Cowell. 
 
 Terra excultabilis ; land that may be 
 tilled or ploughed. 1 Mon. Angl. 426. 
 
 Terrafrusca, or frisca ; fresh land ; not 
 lately ploughed. 2 Mon. Angl. 327. 
 
 Terra lucrabilis ; land that might be 
 gained from the sea, or enclosed out of a 
 waste, to particular use. 1 Mon. Angl. 406. 
 
 Terra Normannorum ; Norman's land. 
 Land so called in the reign of Henry III. 
 being such as had been lately held by some 
 noble Norman, who, by adhering to the 
 French king or dauphin, had forfeited his 
 estate in England, which by this means be- 
 came an escheat to the crown. Paroch. 
 Ant. 197. Cowell. Hale's Anal. sect. viii. 
 
 Terra nova ; new land. Land newly 
 granted, or newly cleared. Spelman. 
 
 Terra sabulosa ; gravelly or sandy 
 grouncl. Cowell, 
 
 Terra testamenialis ; land held by char- 
 ter or writing ; boc-land. Spelman. Land 
 that might be disposed of by will ; devisable 
 land. Cowell. 
 
 Terra vestita ; land sown with corn; 
 [terra segete sata.) Spelman. Called, in 
 Saxon, gesettes-landes. LL. Canuti, 65 MS. 
 
 TF;RRA SALICA. L. Lat. [from sala, 
 a house.] In the Salic law. Salic land; 
 the land of the house ; the land within that 
 enclosure, which belonged to a German 
 house. Esprit des Loix,\iv. 18, c. 22. De 
 terra vero Salica in rnulierem nulla portio 
 hcereditatis transit, sed hoc virilis sexus ac- 
 quirit, hoc est, filii in ipsa hcereditate suc- 
 cedunt; no portion of the inheritance of 
 Salic land passes to a woman, but this the 
 male sex acquires, that is, the sons succeed 
 in that inheritance. L. Salic, tit. 62, § 6. 
 
 TERRAGE. [L. Lat. terragium, from 
 terra, land.] In old English law. A kind 
 of tax or charge on land ; a boon or duty 
 of ploughing, reaping, &c. Cowell. 
 
 TERRAR. [L. Lat. terrarium, from 
 terra, land.] In old English law. A book 
 or roll containing a description of the seve- 
 ral lands of an individual or of a town; a 
 list of lands, (catalogus terrarum.) Spel- 
 man. Otherwise written terrier, (q. v.) 
 
 TERRARIUS. L. Lat. [from terra, 
 land.] In old records. A land-holder, 
 [qui terram possidet.) Annal. Waverl. in 
 ann. 1086. Spelman. 
 
 TERRE, Tere. L. Fr. [from Lat. terra, 
 q. v.] Land. Taunt de terre ove les ap- 
 purtenances ; so much land with the ap- 
 purtenances. Britt. c. 39. 
 
 TERRE-TENANT, Ter-tenant. L. Fr. 
 and Eng. A tenant, holder or occupier of 
 land ; a person in actual possession or oc- 
 cupation of land. Cowell. 2 Bl. Com. 
 91, 328. 
 
 TERRIER, [from L. Fr. terre, land.] In 
 English law. A register or survey of lands ; 
 a book or roll in which the several lands, 
 either of an individual or corporation, are 
 described, containing the quantity of acres, 
 boundaries, tenants' names, &c. Called 
 anciently terrar, (q. v.) Cowell. See 
 Arch. PI. & Evid. 413, 414. Particularly 
 applied to ecclesiastical lands. Tamlyn's 
 Law of Evid. 144. By the ecclesiastical 
 canons, an inquiry is directed to be made 
 from timetotime, of the temporal rights of 
 the clergyman in every parish, and to be 
 returned into the registry of the bishop. 
 
TES 
 
 (522 ) 
 
 TES 
 
 This return is denominated a terrier. 2 
 Phillips on Hvid. 119. .See ^n«J. 300 — 
 305. 15^a*<, 641. 
 
 TERRITOKIUM. Lat. [from terra, 
 land.] A territory, or district ; the terri- 
 torial limits of a government ; the extent 
 or limits of the jurisdiction of a court. See 
 Extra territorium. Called by Pomponius 
 in the Digests, the whole amount of the 
 lands within the limits of any state, 
 (universitas agrorum intra fines cujusque 
 civitatis.) Dig. 50. 16. 239. 8. The same 
 writer observes that, according to some, 
 the word was derived from the circum- 
 stance that the magistrate of the place has 
 within those limits, the right of terrifying, 
 that is, of clearing away, (terrmdi, id est 
 summovendijus habet.) See the various de- 
 rivations of the word in Qrotius, de Jur. 
 Bell. lib. 8, c. 6, § 4, n. 2. Gronovius, in 
 a note on Grotius, (in loc.) remarks that the 
 etymon of Pomponius is the only true one, 
 and explains it by a reference to the -usages 
 of the Roman magistrates. 
 
 TERTIA. Lat. In old English and 
 Scotch law. Third; (third part, tertia 
 pars ;) dower. Spelman. Crag, de Jur. 
 Feud. 308. 2 £1. Com. 129. Closely 
 rendered in Scotch, terce, (q. v.) 
 
 TERTIA DENUNCIATIO. Lat. In 
 old English law. Third publication or pro- 
 clamation of intended marriage. Oum ban- 
 num et tertia denunciatio ^ai ; when the 
 banns and third publication are made. 
 Bract, fol. 307 b. 
 
 TERTIUS INTERVENIENS. L. Lat. 
 In the civil law. A third person interve- 
 ning; a third person who comes in be- 
 tween the parties to a suit ; one who inter- 
 pleads. Gilbert'' s For. Rom. 47. A 
 party iBtervening in behalf of his interest. 
 Cflerke's Prax. Cur. Adm. tit. 35. 
 
 TESMOYN, Tesmoyne. L. Fr.. In old 
 English law. A witness. Ft les nosmes 
 des tesmoynes soient lus, £t escritz en la 
 chartre ; et bone cautele serra de procurer 
 que les seals de tesmoynes fussent mys ; 
 and the names of the witnesses should be 
 read, and written in the charter [deed ;] 
 and it will be a good precaution to have 
 the seals of the witnesses affixed. Britt. c. 
 39. 
 
 TESMOYNAGE. L. Fr. Testimony. 
 IBritt, c. 15. 
 
 TESMOYNAUJSTCE. L.Fr. Testimony. 
 JBritt. c. 1 
 
 TEST ACT. In English law. The 
 popular name of the statute 25 Car. IL 
 
 c. 2, by which it was provided, that all per- 
 sons having any office, civil or military, 
 (with the exception of some few of an in- 
 ferior tind,) or receiving pay from the 
 crown, or holding a place of trust under it, 
 should take the oaths of allegiance and 
 supremacy, and subscribe a declaration 
 against transubstantiation, and also receive 
 the sacrament of the Lord's Supper, ac- 
 cording to the usage of the Church of 
 England. 3 Steph. Com. 105. This pro- 
 vision had the effect of excluding not only 
 Papists, but many classes of Protestant 
 Dissenters, also, from every considerable 
 place of trust or public employment ; but 
 it was mainly pointed against the former. 
 Id. ibid. Sir William Blackstone calls this 
 and the Corporation Acts, " two bulwarks, 
 erected in order the better to secure the 
 established church against perils from non- 
 conformists of all denominations, infidels, 
 Turks, Jews, heretics. Papists and secta- 
 ries." 2 Bl. Com. 58. It was repealed, 
 however, in the year 1828, by statute 9 
 Geo. IV. c. l7, so far as regarded the ad- 
 ministration of the sacrament, and a new 
 form of declaration substituted. 3 Steph. 
 Com. 108. 
 
 TEST PAPER. In practice. A paper 
 or instrument shown to a jury as evidence. 
 A term used in the Pennsylvania courts. 
 7 Penn. St. (Barr's) H. 428. Called also 
 a standard paper. 6 Wharton's B. 284:. 
 
 TESTA DE NEVIL. An ancient and 
 authentic record in two volumes, in the cus- 
 tody of the Queen's Remembrancer in the 
 Exchequer, said to be compiled by Jollan 
 de Nevil, a justice itinerant, in the eigh- 
 teenth and twenty-fourth years of Henry 
 III. Cowell. These volumes were printed 
 in 1807, under the authority of the Com- 
 missioners of the Public Records ; and 
 contain an account of fees held either im- 
 mediately of the king, or of others who 
 held of the king in capite ; fees holden 
 in frankalmoign; serjeanties holden of the 
 king ; widows and heiresses of tenants in 
 capite, whose marriages were in the gift of 
 the king ; churches in the gift of the king ; 
 escheats, and sums paid for scutages and 
 aids ; especially within the county of Here- 
 ford. Cowell. Wharton's Lex. 
 
 TESTAMENT. L. Fr. and Eng. [from 
 Lat. testamentum, from testari, to testify, or 
 attest.] A disposition of property, to take 
 effect after the death of the person making 
 it.* 4 Kent's Com. 501. See Will. 
 
 A disposition of personal property, to 
 
TES 
 
 (523) 
 
 TES 
 
 take effect after tlie deiitli of the person 
 making it* Id. ibid. This is considered 
 the proper sense of the term, in some of 
 the old books. . Co. Litt. Ill a. See 
 infra. 
 
 A formal declaration or expression of a 
 person's will, as to the disposition he would 
 have made of his property after his death. 
 This is a translation of the celebrated defi- 
 nition of the civil law, — Testamenium est 
 voluntatis nostrm justa sententia, de eo quod 
 quis post mortem suam fieri velit. Dig. 
 28. 1. 1. Blackstone's translation of this 
 definition is, "the legal declaration of a 
 man's intentions, which he wills to be per- 
 formed after his death." 2 Bl. Com. 499. 
 For other translations, see Testamenium. 
 "Webster's definition presents essentially the 
 same idea, — " a solemn authentic instru- 
 ment in writing, by which a person declares 
 his will as to the disposal of his estate and 
 effects after his death." 
 
 *^* A testament has been distinguished 
 from a will, both by common lawyers and 
 civilians, but on different grounds. Swin- 
 burne, and other civilians, while they ad- 
 mit that, in a general sense, the words are 
 synonymous, contend that, in a strict and 
 proper sense, a testament was that kind of 
 a will in which an executor was named, and 
 that the appointment of an executor was 
 of the essence of a testament, without 
 which a will was no proper testament. 
 Swinburne on Wills, part 1, sect. 1, 3. 
 See Finch's Law, b. 2, ch. 15. This idea was 
 derived from the testamenium of the civil 
 law, an essential requisite of which was the 
 appointment of an heir, (hmres,) to take 
 the testator's property. Inst. 2. 23. 2. A 
 different distinction was made between a 
 testament and a will by the old common 
 lawyers. Lord Coke observes that, " in 
 law, most commonly ultima voluntas in 
 scriptis, (a last will in writings,) is used 
 where lands or tenements are devised, and 
 testamenium, (testament,) where it con- 
 cerneth chattels." Co. Litt. Ill a. Mr. 
 Cruise notices both these distinctions, and 
 expressly adopts the latter, in distinguish- 
 ing a testament from a devise. Cruise 
 Dig. tit. xxxviii. ch. 1, sect. 11. The 
 distinction made by Swinburne, though 
 adopted by Wentworth and other writers, 
 may be considered as exploded in modern 
 law. That of Lord Coke has maintained 
 its ground more effectually. See 4 Kent's 
 Com. 501. 1 Jarman on Wills, 1. And 
 yet Sheppard expressly observes that 
 
 " these words [testament and will, or last 
 will,] are synonyma, and are, as it seems, 
 promiscuously used in our law." Shep. 
 Touch. 399. And Littleton himself, in 
 the very section commented on by Lord 
 Coke, applies the word testament to a dis- 
 position of lands. Home poit deviser per 
 son testament ses terres et tenements. Litt. 
 sect. 167. In modern law, the terms will 
 and testament, are generally used without 
 distinction, to express the instrument by 
 which a man makes disposition of his 
 property after his death. 1 Sieph. Com. 
 644. Where the instrument is more for- 
 mally described, both terms are made use 
 of, and it is called a last will and testament. 
 See 4 Kent's Com. 501. This conjoint 
 use of both terms may be traced back as 
 far as the old writ de tenementis legatis in 
 the Eegister, in which the phrase, in tesia- 
 mento suo, in ultima voluniate suA, occurs 
 twice. Beg. Grig. 244 b. 
 
 The derivation of testamenium from tes- 
 tari and mens, formally adopted in the 
 Institutes of Justinian, will be considered 
 under Testamenium. 
 
 TESTAMENTARY, [from testamenium, 
 a will.] Pertaining to a will or testa- 
 ment ; as testamentary causes. 
 
 Derived from, founded on, or appointed 
 by a testament or will; as a testamentary 
 guardian, letters testamentary, <fec. 
 
 TESTAMENTARY CAUSES. In Eng- 
 lish law. Causes or matters relating to the 
 probate of wills, the granting of adminis- 
 trations, and the suing for legacies, of 
 which the ecclesiastical courts formerly had 
 jurisdiction. 3 Bl. Com. 95, 98. 
 
 TESTAMENTARY GUARDIAN. A 
 guardian appointed by the last will of a 
 father, for the person, and real and per- 
 sonal estate of his child, until the latter 
 arrives of full age. 1 Bl. Com. 462. 2 
 Kent's Com. 224. 
 
 TE8TAMENT0. Span, [from Lat. tes- 
 tamentum.'] In Spanish law. A testa- 
 ment. Testamenio abierio; an open tes^ 
 tament ; one dictated vivA voce. Schmidt's 
 Civ. Law, 214. Testamento cerrado; a 
 close testament ; one made in secret. Id. 
 215. 
 
 TESTAMENTUM. Lat. [from testari, 
 to witness or attest ; Gr. SiaifjKv, (q. v.) a 
 disposition.] In the civil law. A testa- 
 ment; a will, or last will; (Gr. TE^cvraia 
 /JouXiiait.) See Voluntas. 
 
 Testamentum est voluntatis nostrm justa 
 senieniia, de eo quod quis post mortem suam 
 
TES 
 
 (524) 
 
 TES 
 
 fieri velit. A testament is the formal ex- 
 pression of one's will, respecting what one 
 would have done after his death. Dig. 
 28. 1. 1. See Id. 29. 3. 2. 1. Translated, 
 in the more antiquated language of Swin- 
 burne, "the just sentence of our will, 
 touching that we would have done after 
 our death." Swinburne on Wills, part 1, 
 sect. 2. This has been adopted as the defi- 
 nition of a testament, in 1 Williams on 
 Executors, 6. And see Taylor's Civ. Law, 
 531, 532, 534. Blackstone translates the 
 same definition, " the legal declaration of 
 a man's intentions, which he wills to be 
 performed after his death." 2 Bl. Com. 
 499. In the Termes de la Ley, it is ren- 
 dered, "the true declaration of our last 
 will, in that we would to be done after 
 our death." In Sheppard's Touchstone, — 
 "the full and complete declaration of a 
 man's mind, or last will of that he would 
 have to be done after his death." Shep. 
 Touch. 399. It will be seen that in the 
 original definition, there is no express ref- 
 erence to property, as the subject of the 
 testamentary disposition. Mr. Preston, in 
 his edition of Sheppard, has supplied this 
 idea, by adding to the translation of that 
 author, the clause, [by way of disposition 
 of his property.] 
 
 Swinburne goes largely into detail in 
 commenting on this definition, dwelling 
 especially on the force of the words justa 
 and sententia ; biit the essence of his obser- 
 vations is much more forcibly and elegant- 
 ly given by Blactstone. 
 
 %* The celebrated etymology of testa- 
 mentum in the Institutes, may be noticed 
 under this head. In the principium of the 
 tenth title of the second book, Justinian 
 briefly but emphatically declares that Tes- 
 tamsntum ex eo appellatur, quod testatio 
 mentis sit ; a testament is so called, be- 
 cause it is a testifying of the mind. This 
 derivation seems to have been adopted 
 from Servius Sulpicius, a distinguished 
 jurist who flourished before the reign of 
 Augustus, and who, in his second book, 
 De sacris detestandis, declared the word to 
 be composed of contestatio and mentis. Its 
 absurdity was long ago pointed out by 
 Aulus Gellius, and later, by the gramma- 
 rian Laurentius Valla, who very satisfacto- 
 rily show testamentum to be a simple word, 
 framed from the verb testari, by the use of 
 a common termination, and belonging to 
 the same class with the words calceamen- 
 tum, condimentum, pavimentum, regimen- 
 
 tum, salsamentum, vestimentum and others. 
 A. Gell. Ndct. Att. vi. 12. Laurent. Vail. 
 Megant. lib. 6, c. 36. The civilians, how- 
 ever, as might be expected, have strongly 
 sustained the derivation, though npon dif- 
 ferent grounds. Swinburne defends it as 
 being not intended as a precise etymo- 
 logy of the word, but " a certain allusion 
 rather of the voice only," meaning proba- 
 bly that it was an explanation drawn from 
 the casual coincidence between the sound 
 or form of the word and its essential mean- 
 ing. Swinburne on Wills, part 1, sect. 1. 
 Other civilians have treated it as being 
 properly a mere definition, — testatio men- 
 tis, a solemn declaration of the mind or 
 intention. That it was intended, however, 
 as an etymon in the proper sense, is clear 
 from the text of the Institutes. Calvin 
 concedes this, and boldly justifies it to its 
 full extent, claiming for jurisconsults the 
 license or right of framing their deriva- 
 tions according to the supposed nature of 
 things, without regard to the proprieties 
 of language or the niceties of grammar. (!) 
 Calv. Lex. voc. Testamentum. 
 
 Lord Coke agrees with Justinian in the 
 composition of the word testament, it be- 
 ing entirely to his taste in matters of deri- 
 vation, as evidenced in his analysis of sac- 
 ramentum, and other words of similar 
 form. Co. Litt. 322 b. 3 Inst. 165. 
 Blackstone, however, pronounces it to be 
 "an etymon which seems to savour too 
 much of the conceit," adding, very justly, 
 that "the definition of the old Roman 
 lawyers is much better than their etymo- 
 logy." 2 £1. Com. 499. 
 
 TESTAMENTUM. Lat. [from testari, 
 q. v.] In old English law. A testament, 
 or will; a disposition of property made 
 in contemplation of death. Bract, fol. 60. 
 Bracton treats it as a species of donatio 
 mortis causa. Id. ibid. See Fleta, lib. 2, 
 c. 57. Executoribus ad faciendum testa- 
 mentum defuncti ; to executors to carry 
 into effect the testament of the deceased. 
 Mag. Cart. 9 Hen. III. c. 18. 
 
 A writing, charter or instrument, by 
 which conveyances of lands and other 
 things were made ; so called, because it 
 operated as a testimony or evidence of the 
 transaction, or because it comprehended 
 the names of the witnesses, {testium nomi- 
 na coniineret.) Spelman. 
 
 TESTARI. Lat. [from testis, a wit- 
 ness.] In the civil law. To testify; 
 to attest ; to declare, publish or make 
 
TES 
 
 (525) 
 
 TES 
 
 known a thing before 'witnesses. Calv. 
 Lex. 
 
 To make a will. Id. 
 
 TESTATE, [from Lat. testato*.] One 
 who has made a will ; one who dies leav 
 ing a will ; the opposite of intestate, but 
 much less frequently used. See 25 Penn. 
 St. E. 31. 
 
 TESTATO. Lat. In the civil law. 
 Testate ; having made a will. Diff. 50. 
 17. 7. See Testatus. 
 
 TESTATOR. Lat. and Eng. [fronj tes- 
 tari, to make a will.] One who makes or 
 has made a testament or will ; one who 
 dies leaving a will. This term is borrowed 
 from the civil law. Inst. 2. 14. 5. 6. 
 
 TESTATRIX. L. Lat. and Eng. [fem. 
 of testator^ q. v.] A woman who makes, 
 or has made a testament or will ; a woman 
 who dies leaving a will ; a female testator. 
 
 TESTATUM. Lat (Testified.) In 
 practice. The name of a clause inserted 
 in a writ of capias, or execution, when it 
 is issued after the return of non est inven- 
 tus, or nulla bona to a previous writ, but 
 to the sheriff of a different county ; recit- 
 ing the former writ, and that it is testified, 
 (^testatum est, in the old forms,) that the 
 defendant lurks or wanders, or has goods 
 in the county to which the second writ is 
 issued. 3 £1. Com. 283. 1 Tidd's Pr. 
 128. 2 Id. 1022. 
 
 TESTATUM WRIT. In practice. A 
 writ containing a testatum clause ; such as 
 a testatum capias, a testatum fi. fa. and a 
 testatum ca. sa. See Testatum. 
 
 TESTATUS. Lat. In the civil law. 
 Testate ; one who has made a will. Tes- 
 tatus et intestatus; testate and intestate. 
 Dig. 50. 17. 7. 
 
 TESTE. L. Lat. (Witness.) In old 
 English practice. The initial and em- 
 phatic word of the^ clause at the conclu- 
 sion of writs, containing the attestation of 
 the sovereign, or chief justice out of whose 
 court it was issued, and the day on which 
 it was issued or granted. In original 
 writs, it ran thus : Teste mbipso, apud 
 Westmonasterium, xxiiii die Junii, anno 
 regni nostri tricesimo septimo. (Witness 
 ourself at Westminster, the twenty-fourth 
 day of June, in the thirty-seventh year of 
 our reign.) Heg. Orig. 1, et passim. Id. 
 Appendix, 1 — 10. In judicial writs, the 
 clause ran thus : Teste Matthmo Hale, 
 Milite, apud Westmonasterium, &c. (Wit- 
 ness, Sir Matthew Hale, Knight, at West- 
 minster, &c.) Cowell. It corresponded 
 
 to the date of other instruments, and is 
 called the date, (L. Lat. data, L. Fr. date,) 
 in Bracton and Britton. See Data, Date. 
 
 In modern practice, the word teste has 
 been retained as the name of the corre- 
 sponding clause in modem writs, (which is 
 merely a translation of the old form,) be- 
 ing pa,rticularly applied to the day on 
 which the writ is witnessed, that is, issued 
 or supposed to be issued, though it is ex- 
 pressive also of the place where the court 
 is or was sitting a,t such time. It has in- 
 deed been converted into a verb, a writ 
 being frequently said to be teste'd (or, as it 
 is usually written, tested) of such a day. 
 
 TESTE MEIPSO._ L. Lat. (Witness 
 ourself.) In old English law and practice. 
 A solemn formula of attestation by the 
 sovereign, used at the conclusion of char- 
 ters, and other public instruments, and 
 also of original writs out of chancery. Spel- 
 man. 
 
 Teste meipsa, were the words used by a 
 queen. The first writ in the Register is a 
 writ of right patent, running in the name 
 of Queen Elizabeth, and concluding with 
 the clause, Teste meipsa apud Westmonas- 
 terium, &c. Heg. Orig. 1. 
 
 TESTES. Lat. [plur. of testis, q. v.] 
 In the civil and old English law. Witnesses. 
 Possunt omnes testes et una annulo signare 
 testamentum ; all the witnesses may seal 
 the will with one ring or signet. Inst. 2. 
 10. 5. 
 
 Ponderantur testes, non nnmerantur, (q. v.) 
 
 Witnesses are weighed, not counted. 
 
 Testlbus deponentibus in parinumero, dig- 
 nioribus est credendum. Where the wit- 
 nesses who testify are in equal number [on 
 both sides,] the more worthy are to be be- 
 lieved. 4 Inst. 279. 
 
 TESTES. L. Fr. In old English law. / 
 Head's; polls. Tearb. T. 5 Edw. III. 21 
 
 TESTIFICARE. Lat. [from testis, 
 witness, and facere, to make.] In practice. 
 To testify ; to give evidence. Ad testify 
 candum ; to testify. See Habeas corpus 
 ad testificandum. 
 
 TESTIFY, [from Lat. testificare, q. v.] 
 To give evidence ; to bear witness ; to de- 
 clare under oath or affirmation before a tri- 
 bunal, court, judge or magistrate, for the 
 purpose of proving some fact. 
 
 TESTIMONIO. Span, [from Lat. tes- 
 timomuvi, q. v.] In Spanish-American 
 law. An attested copy of an instrument ; 
 a second original. 8 Texas i? 210 1 
 Id. 332, 378. 
 
TEX 
 
 (526) 
 
 THE 
 
 TESTIMONIUM. Lat. In civil and 
 old English law. Testimony ; evidence of 
 a witness. Calv. Lex. Testimonia ponde- 
 randa sunt, non numeranda. Evidences are 
 to be weighed, not numbered or counted. 
 BelPs Diet. 
 
 Attestation of an instrument. Fleta, 
 lib. 2, e. 60, § 26. 
 
 TESTIMONIUM CLAUSE. In con- 
 veyancing. That clause of a deed or in- 
 strument with which it concludes : " In 
 witness whereof, the parties to these pre- 
 sents have hereunto set their hands and 
 seals." This, in the old Latin forms, ran : 
 In eujus testimonium, partes, &c. whence 
 the clause has received its name. It is 
 said to be introduced, not as constituting 
 any part of the deed, but merely to pre- 
 serve the evidence of the due execution of 
 it. Daniel, J. 8 Howard's JR. 33 — 39. See 
 6 Man. d Gr. 386. A deed without it 
 was held good in Dyer, 22 b. Both Coke 
 and Blackstone, however, enumerate it 
 among the formal and orderly parts of a 
 deed. Co. Litt. 6 a. 2 Bl. Com. 304. 
 
 TESTIMONY, [from Lat-. Ustimonium.] 
 Evidence of a witness, or witnesses ; evi- 
 dence given by a witness, under oath or 
 affirmation ; as distinguished from evi- 
 dence derived from writings, and other 
 sources. 
 
 TESTIS. Lat. In the civil and com- 
 mon law. A witness. Dig. 22. 5. Cod. 
 4. 20. JVov. 90. Called, in the old Ro- 
 man law, superstes, and antistes. Calv. 
 Lex. See Best on Evid. 140, § 114, note. 
 
 Testis de visu praeponderat allis. An eye- 
 witness is of more weight than others. 4 
 Inst. 279. 
 
 Nemo in propria cansa testis esse debet, 
 (q. V.) No man ought to be a witness in 
 his own cause. Nullns idoneus testis in rc 
 sua intelligitur. No one is considered a 
 fit witness in his own matter, [business or 
 cause.] Dig. 22. 5. 10. 
 
 Testis corruptus ; a bribed or corrupted 
 witness ; one prevailed upon by money or 
 persuasion to give evidence. Calv. Lex. 
 
 Testis incertus ; a doubtful or unreliable 
 witness ; one who testifies from hearsay. 
 Id. 
 
 Testis inimicus ; an unfriendly or hostile 
 witness. Id. 
 
 Testis juratus ; a sworn witness. Id. 
 
 TEXTUS ROFFENSIS. L. Lat. In 
 old English law. The Rochester Text. 
 An ancient manuscript containing many 
 of the Saxon laws, and the rights, cus- 
 
 toms, tenures, &c. of the church of Ro- 
 chester, drawn up by Ernulph, bishop of 
 that see, from A. "D. 1114, to 1124. 
 Cowell. Blount gives it a much higher 
 antiquity. 
 
 THANAGE OF THE KING. [L. Lat. 
 thanagium regis."] In old English law. A 
 certain part of the king's land or property, 
 of which the ruler or governor was called 
 thane. Cowell. Blount. 
 
 THANE, Thayne. [Sax. thegen, from 
 thenian, to serve ; L. Lat. thanusJ\ In 
 Saxon law. A noble ; a freeman of the 
 highest rank. 1 Reeves' Hist. Eng. Law, 
 5. 1 Spence's Chancery, 5. 
 
 One who served the king ; a king's ten- 
 ant. Cowell. Mr. Selden supposes thane 
 to have been a feudal title. Wright on 
 Tenures, 47, note (c.) 
 
 THASSARE, Taisare. L. Lat. In old 
 records. To lay up tay or corn [grain] 
 into a tass, toss, stack, rick or mow. Pa- 
 roch. Antiq. 560. Cowell. 
 
 THEADA, Theoda, Theuda. L. Lat. 
 [from Sax. theod.] People ; a people or 
 nation. L. Salic, tit. 48. Spelman. 
 
 THECLATURA. L. Lat. In old Eu- 
 ropean law. A mark upon a tree. LL, 
 Longobard. lib. 1, tit. 26. Spelman. 
 
 THEFT. See Larceny. 
 
 THEFT-BOTE, [from Sax. theofte,\he&,, 
 and bote, a composition or fine.] In Saxon 
 law. A sum paid by way of composition 
 or satisfaction for a theft. Spelman. 
 
 In old English law. The receiving of 
 goods from a thief, to favor and maintain 
 him. Spelman. Cowell. In this appli- 
 cation, Spelman supposes bote to have the 
 sense of bopty, or plunder {^proeda.) i 
 
 eEiA, Qcia. Gr. In the civil law. An 
 aunt. A term applied to both paternal 
 and maternal aunts. Inst. 3. 6. 1. Ex- 
 pressed in Latin, Thia^ (q. v.) 
 
 eEios, eci'os. Gr. In the civil law. An 
 uncle. A term applied to both paternal 
 and maternal uncles. Inst. 3. 6. 1. 
 
 THELONIUM. L. Lat. Toll. See 
 Theolonium. 
 
 eHATfrONIA, Qi]\vyavia. Gr. [frOm e^Xtif, 
 
 female, and yiti/os, generation.] In the civil 
 law. The female line. Nov. 118, c. 1. 
 
 THEM. Sax. In old English law. An- 
 other form of theme, (q. v.) Fleta defines 
 it " an acquittance of amercements of the 
 following of their villeins," (acquietantiam 
 amerciamentorum sequelce prop)-iorum suo- 
 rum.) Fleta, lib. 1, c. 47, § 9. 
 
 THEME. Sax. In Saxon law. The 
 
THE 
 
 (527) 
 
 THI 
 
 power of having jurisdiction over naifs or 
 villeins, with their suits or offspring, lands, 
 goods and chattels. Go. Litt. 116 a. 
 Otherwise written them and team, (qq. v.) 
 The word occurs in old Scotch law, and is 
 defined by Skene, the power of having 
 servants and slaves. De Verb. Signif. 
 
 THEMITI^. U Lat. In old records. 
 Trees planted in fields for fencing or pro- 
 tecting hedges. Spelman. 
 
 THEN. Sax. In old English law. A 
 slave. . Co. Litt. 116 a. Spelman. Mis- 
 printed in Fleta, (lib. 1, c. 47, § 27,) 
 thett. 
 
 THEN. [Lat. tunc, L. Fr. dengue.'] A 
 common word of reference in wills and 
 other instruments. Where life interests 
 are bequeathed to several persons in suc- 
 cession; terminating with a gift to children, 
 or any other class of objects, " then living," 
 the word " then" is held to point to the 
 period of the death of the person last 
 named, (whether he is, or is not the Siurvi- 
 vor of the several legatees for life,) and is 
 not considered as referring to the period of 
 the determination of the several prior inter- 
 ests. 8 Sim. 448. 
 
 THEODEN. Sax. In Saxon law. A 
 husbandman or inferior tenant ; an under 
 thane. Cornell. 
 
 THEODOSIAN CODE. See Code of 
 Tlieodosius. 
 
 THEOLONIUM. L. Lat. [from Lat. 
 telonium, q. v.] In old English law. Toll. 
 Quieti de theolonio per totum regnum nos- 
 trum ; quit of toll throughout our whole 
 realm. Reg. Grig. 258 b. See Fleta, lib. 
 2, c. 50, § 30. Otherwise written thelo- 
 nium and tholonium. Spelman, voc. Thol. 
 Called "a barbarous word, and derived 
 from HXos and tcXovcs, receivers of tribute." 
 2 Show. 35. See J)e essendo quietum de 
 theolonio. 
 
 THEOLNETUM. L. Lat. In old Eng- 
 lish law. Toll. Fleta, lib. 2, c. 50, § 30. 
 
 THEOTHING, Theihing. Sax. In 
 Saxon law. A tithing. 2 Inst. 73. See 
 Tithing. 
 
 Theothing-man ; a tithing-man. Id. ibid. 
 
 eEor BI.4,, Qaiv ffia. Gr. In the civil law. 
 The force or power of God ; the act of 
 God. Dig. 19. 2. 25. 6. Vinnius ad Inst. 
 lib. 3, tit. 15, § 2, n. 5. Story on Bailm. 
 §30. 
 
 "THEEEUNTO BELONGING," in a 
 will, construed. 8 Moore, 665. 2 B. d:. 
 Adol. 680. 1 Jarman on Wills, 771 — 
 713, (608, 609, Perkins' ed.) 
 
 THE8ATJRER. Sc. Treasurer. 3 St. 
 Trials, 691. 
 
 THESAURUS. Lat. Inthe civil law. 
 Treasure; a sum of money hidden or 
 buried. Inst. 2. 1. 39. A deposit or con- 
 cealment of money made so long ago that 
 no memory of it exists, so that it is now with- 
 out an owner, {yetus depositio pecunice, cu- 
 jus non extat memoria, ut jam dominum 
 non habeat.) Calv. Lex. Brissonius. This 
 description of treasure is copied by Brac- 
 ton, and from Bracton by Lord Coke. 
 Bract, fol. 120. 3 Inst. 132. See Fleta, 
 lib. 1, c, 43, § 2. 
 
 In old English law. Treasury, or ex- 
 chequer. Cowell. 
 
 THESAURUS ABSCONDITUS. Lat. 
 In old English law. Treasure hidden, or 
 buried. Spelman. 
 
 THESAURUS INVENTUS. Lat. In 
 old English law. Treasure found; trea- 
 sure-trove. Bract, fol. 119 b, 122. Fleta, 
 lib. 1, c. 18, § 20. Id. lib. 2, c. 52, § 11. 
 1 Bl. Com. 95. 
 
 THEYN. Sax. In old English law. 
 A freenaan. Fleta, lib. 1, c. 47, § 26. 
 
 THIA. Lat. In the civil and old Eu- 
 ropean law. An aunt. The Latin form of 
 the Gr. Beta, (q. v.) The Ital. sia, and 
 Span, tia are from the same source. 
 Spelman. 
 
 THIFT. Sc. In Scotch law. Theft. 
 Thift-bute ; theft-bote, (q. v.) 1 Pitc. Gr. 
 Trials, part 2, p. 144. 
 
 THING, Thung. Sax. In Saxon law. 
 A lathe, or hundred. Spelman. In qui- 
 busdam vera pi-ovinciis Anglioe, vocatur 
 lede quod isti thing: but in some provinces 
 of England, that is called lede (lathe) which 
 they call thing. LL. Edw. Gonf. c. 34. Ho- 
 ved. ed. apud Spelman, voc. Thungrevius. 
 
 THINGS. [Lat. m; ¥i. choses.] The 
 most general denomination of the subjects 
 of property, as contradistinguished from 
 persons. 2 Bl. Com. 16. 
 
 " THINGS," in a will, is generally con- 
 strued to mean things ejusdem generis, (of 
 the same kind.) 1 Bow, 73. Sugden's 
 Law of Property, 221, 222. It will be 
 limited to personal effects, if its connection 
 with other words require. 1 Jarman on 
 Wills, 693, (595, Perkins' ed.) 
 
 Things are construed according to that 
 which was the cause thereof, Finch's Law 
 b. 1, c. 3, n. 4. ' 
 
 Things are dissolved as they be contracted. 
 Id. b. 1, c. 3, n. 7. 
 
 Things grounded upon an ill and void begin- 
 
THI 
 
 (628) 
 
 THE 
 
 niog cannot have a good perfection. Id. 
 
 b. 1, c. 3, n. 8. 
 
 Things incident cannot be serered. Id. 
 
 b. 1, c. 3, n. 12. 
 
 Things accessary are of the natnre of the 
 principal. Id. b. i, c. 3, n. 25. 
 
 THINGS REAL; (otherwise called 
 REALTY.) Such things as are permanent, 
 fixed and immoveable, which cannot be 
 carried out of their place, as lands and 
 tenements, 2 Bl. Com. 16. This defini- 
 tion has been objected to, as not embracing 
 incorporeal rights. Mr. Stephen defines 
 things real to " consist of things substan- 
 tial and immoveable, and of the rights and 
 profits annexed to, or issuing out of these." 
 1 Steph, Com. 156. Things real sxq oihet- 
 wise described to consist of lands, tene- 
 ments and hereditaments. See Real. 
 
 THINGS PERSONAL. Goods, money 
 and all other moveables, which may attend 
 the owner's person wherever he thinks 
 proper to go. 2 Bl. Com. 16. Things 
 personal consist of goods, money, and all 
 other moveables, and of such rights and 
 profits as relate to moveables. 1 Steph. 
 Com. 156. 
 
 THINGU8. L. Lat. [from Sax. thcmg, 
 or theing, a minister.] In old records. A 
 nobleman ; a knight or freeman ; a thane, 
 (thanus.) Sciaiis me concessisse omnibus 
 miliiibus, et omnibus iHdzigis, et omnibus 
 libere tenentibus, &c. ; know ye that I have 
 granted to all knights, and all thanes, and 
 all free tenants, &c. Crompt. Jurisd. 197. 
 Cowell. Spelman. 
 
 THIRD-BOROW. In old English law. 
 A constable. Stat. 28 Hen. VIIL c. 10. 
 Cowell. Skinner, however, supposes it to 
 mean the third pledge in a decennary. 
 Blount. 
 
 THIRD NIGHT AWN-HYNDE. (Sax. 
 thrid night agen-hine.) A phrase in the 
 Laws of Edward the Confessor, (c. 17,) 
 descriptive of a person who was entertained 
 a 'third night in the house of another, and 
 was thence called his domestic, or the in- 
 mate of his family. Spelman. The word 
 agenhine is written by Bracton, hogenehyne, 
 (q. V.) and occurs in the old books in 
 various other forms. 
 
 THIRD OFFENCE. The third offence 
 it [the law] esteemeth more heinous. 
 FincKs Law, b. 1, c. 3, n. 52. 
 
 THlRD-PENNY. Sax. [Lat. tertius 
 denarius comitat'Hs.^ In Saxon law. A 
 third part of the profits of fines and penal- 
 ties imposed at the county court, which 
 
 was among the perquisites enjoyed by the 
 earl. LL. Edw. Conf. c. 31, 33. Cowell. 
 CrabVs Hist. 17. 
 
 THIRDEN-DELE. 0. Eng. Third 
 part. Old deed in 1 And. 54. 
 
 THIRLAGE. In Scotch law. A ser- 
 vice by which the possessor of lands was 
 bound to. carry his grain to a certain mill 
 to be ground, and to pay a duty therefor 
 called a multure. 1 Forbe^ Inst, part 2, 
 p. 140. Now commuted for an annual 
 payment in grain, by stat. 39 Geo. III. c. 
 55. See BelVs Diet. 
 
 THOL. In old records. A form of 
 toll, (q. V.) Hence the L. Lat. tholonium. 
 A certain portion of grain and other things 
 sold in a market, paid to its owner. Reg. 
 Priorat. Cokeford, cited in Cowell. 
 
 THOLONIUM, Thollonium. L. Lat. 
 [from thol, (q. v.) or a corrupted form of 
 telonium, q. v.] In old English law. Toll ; 
 a liberty or privilege of buying and selling 
 within one's own land ; {libertas emendi et 
 vendendi in terrd sud.) Iamb. Archaion. 
 fol. 132. • 
 
 THORNTON. The author of a Summa, 
 or abridgment of Bracton, written in the 
 reign of Edward I. Gilbert de Thornton 
 was Chief Justice of the King's Bench in 
 the eighteenth year of this king, and is 
 supposed by Mr. Selden to have written 
 his summa by the king's command, or at 
 least under his favor. Selden describes 
 him as " not a bare epitomizer, but some- 
 times also an excellent interpreter and ex- 
 positor of Bracton." Diss, ad Met. c. 2, 
 sect. 4. Id. c. 3, sect. 1. 
 
 THRAVE, Threave. Sax. [L. Lat. 
 trabes, travaJ\ In old English law. A mea- 
 sure of corn or grain, consisting of twenty- 
 four sheaves or four shocks, six sheaves to 
 every shock. Stat. 2 Hen. VI. c. 2. Cowell. 
 
 THREAD. [L. Lat. filum.'] A middle 
 line ; a line running through the middle of 
 a stream or road. " The thread of the 
 stream." Shaw, C. J. 2 Cushing'sR. 207. 
 4 Wisconsin R. 486, 508. "An abutter 
 runs to the thread of the street, unless his 
 deed contains an express provision limiting 
 him to the edge." 26 Fenn. St. R. 223. 
 See Filum, Filum aguce, Filum vi<e. 
 
 THRIMSA, Thrymsa. Sax. [from thrim, 
 three.] A Saxon coin of the value of three 
 shillings. Lamb. Archaion. Spelman. 
 
 A coin of the value of the third of a 
 shilling, that is, four-pence, or a groat. 
 Selden's Tit. of Hon. fol. 604. Cowell. 
 1 Reeves' Hist. 15. 
 
TIM 
 
 (529) 
 
 TIM 
 
 THRITHING, TritUng. Sax. In Sax- 
 on and old English law. The third part 
 of a county ; a division of a county con- 
 sisting of three or more hundreds. Vowell. 
 Corrupted to the modern riding, which is 
 still used in Yorkshire. 1 Bl. Com. 116. 
 
 THUKG TOLL. See Toll thorough. 
 
 THURINGIAN CODE, {Lex Aneli- 
 orum Werinorum.'] One of the barbarian 
 codes, as they are termed ; supposed by 
 Montesquieu to have been given by Theo- 
 doric, King of Austrasia, to the Thuringians, 
 who were his subjects. Esprit des Lois, 
 lib. 28, c. 1. 
 
 THUTHINGA. L. Lat. A tithing. 
 Bract, fol. 11 7. 
 
 TIE. To bind. "The parson is not 
 tied to find the parish dark." 1 Leon. 
 94. 
 
 TIEL, Til. L. Fr. [from Lat. talis.'] 
 Such. Litt. sect. 10. Kelham. 
 
 Tielx, tiex, tieux, tilz ; (plur.) such. 
 Litt. sect. 10. Kelham. 
 
 TIERCE. L. Fr. [from Lat. tertius.] 
 Third. Tierce mien ; third hand. Britt. 
 c. 120. 
 
 TIGH, Teage. In old records. A close 
 or enclosure ; a croft. Cowell. 
 
 TIGNUM. Lat. In the civil law. A 
 beam ; the beam of a house. See Servitus 
 tigni immittendi. 
 
 In a larger sense, every kind of material 
 out of which houses were built. Appella- 
 tione tigni omnis materia signiflccUur, ex 
 qua cedificia fiunt. Inst. 2. 1. 29. See 
 Big. 10. 4. 1, pr. Id. 41. 1. 1. 10. Id. 
 47. 3. 1. Id. 50. 16. 62. 
 
 TIMBER. Properly, such trees only as 
 are fit to bfi used in building, as oak, ash 
 and elm, [and pine in the United States.] 
 2 Bl. Com. 281. 1 Crabb's Real Prop. 
 20, § 26. But some trees may, by the 
 custom of the country, be reckoned timber 
 which are not properly so ; as birch, beech, 
 cherry, aspen, willow, white-thorn, hoUy, 
 black-thorn, horse chestnut, lime, yew, crab 
 and hornbeam. 1 Crabb's Heal Prop. 20, 
 § 26. Cruisers Big. tit. iii. ch. 2, sect. Y, 
 (White's ed.) 
 
 TIME. [Lat. tempus; Fr. temps.] A 
 word expressive both of a precise point or 
 terminus, and of an interval between two 
 points. 
 
 When time is to be computed/j'om, or 
 after a certain day, it has been held that 
 that day is to be excluded in the computa- 
 tion, unless it appear that a difierent compu- 
 tation was intended ; for no moment of time 
 
 Vol. IL 34 
 
 can be said to be after a given day, until 
 that day has expired. See 1 Pick. i2. 485. 
 7 /. J. Marsh. B. 202. 1 Blackf. R. 392. 
 4 N. Hamp. B. 267. 3 Penn. B. 200. 
 See United States Bigest, Time. So, if 
 time is to be computed from any act done, 
 it has been held that the day on which the 
 act is done is to be excluded in the compu- 
 tation, for a day is to be considered as an 
 indivisible point of time, and there can be 
 no distinction between a computation from 
 an act done, and a computation from the 
 day on which the act was done. See 1 
 Pick B. 485, 494, 495. But there are 
 cases in which the contrary has been held. 
 9 Cranch, 104. 4 Wash. C. C. B. 232. It 
 has indeed been said that there is no gene- 
 ral rule on this subject, and in computing 
 time from an act or an event, the day is to 
 be inclusive or exclusive, according to the 
 reason of the thing, and the circumstances 
 of the case. 15 Vesey, Jr. 248. See 4 
 Rents Com. 95, note. 
 
 In computing the six years mentioned in 
 the statute of limitations, the words of the 
 statute being " within six years next after 
 the cause of action accrued," the day on 
 which the cause of action accrued is to be 
 included. 15 Mclss. B. 193. 
 
 TIME IMMEMORIAL. [L. Lat. tem- 
 pus immemoriale.] Time out of memory ; 
 time out of mind. Described in the old 
 books as "time whereof the memory of 
 man is not to the contrary," (tempus cujus 
 contrarium memoria hominum nan existit.) 
 Litt. sect. 170, 143, 145. This is ap- 
 parently taken from the civil law, in which 
 the phrases quod memoriam excedit, cujus 
 origo memoriam excedit, cujus contrariunir 
 memoria non extat, pccur. 1 Mach. Civ. 
 Law, 299, § 2'83, note (e.) Id. 300, Kauf- 
 mann's note. 
 
 There is a singular confusion in the Eng- 
 lish books between the phrases " time im- 
 memorial," or " time out of memory," and 
 the opposite phrase, " time of memory ;" 
 both being applied to the same arbitrary 
 period of time commencing from the reign 
 of Richard I. Thus, it has been said so late 
 as the preamble of the statute 2 & 3 Will. 
 IV. c. 71, that the expression "time imme- 
 morial," or " time whereof the memory of 
 man runneth not to the contrary," was 
 then, by the law of England, in many cases, 
 considered to include and denote the whole 
 period of time/rowi the reign of Richard I. 
 But this same period is expressly called by 
 Hale and Blackstone " time of memory," 
 
TIN 
 
 ( 530) 
 
 TIT 
 
 HaWs Hist. Com. Law, 4. 2 Bl. Com. 31. 
 The expression " time whereof the memory 
 of man runneth not to the contrary " pro- 
 perly refers to the period anterior to the 
 reign of Richard I. and is so explained by 
 Mr. Seqeant Stephen in his New Commen- 
 taries. 1 Steph. Com. 45. See Time of 
 memory, Time out of memory. 
 
 TIME OF MEMORY. [L.Lat. tempus 
 memorim ; L. Fr. temps de memorie.] In 
 English law. Time commencing from the 
 beginning of the reign of Richard I. 2 
 Bl. Com. 31. Hale's Hist. Com. Law, 4. 
 " Whatsoever -was before that time is be- 
 fore time of memory. What is since that 
 time is, in a legal sense, said to be within 
 or since time of memory." Id. ibid. 
 
 Lord Coke defines time of memory to be 
 " when no man alive hath had any proof to 
 the contrary, nor hath any conusance to 
 the contrary." Co. Litt. 86 a, b. 
 
 TIME OUT OF MEMORY. Time be- 
 yond memory ; time out of mind ; time to 
 which memory does not extend. This 
 phrase being the opposite of time of mem- 
 ory, ought to be referred to a time anterior 
 to that described as " time of memory." 
 But it has been strangely referred to the 
 same period. See Time immemorial. 
 What is before time of memory is sup- 
 posed without a beginning, or at least, 
 such a beginning as the law tates notice of. 
 HaWs Hist. Com. Law, 4. 
 
 TIME POLICY. In the law of insur- 
 ance. A policy in which the risk is limited 
 to a certain fixed term or period of time 
 specified, instead of being limited by local 
 termini. 1 Arnould on Ins. 409, (414, 
 Perkins' ed.) A policy on time insures no 
 specific voyage, but covers any voyage 
 within the prescribed time, and the loss 
 and damage the ship may sustain by the 
 perils insured against, within the limited 
 period. 12 Peters' B. 378. 3 Wendell's 
 B. 283. 
 
 TIMOR. Lat. In the civil law. Fear. 
 Tani tiraoris justa excusatio non est. The 
 excuse of a groundless fear is not valid. 
 Dig. 50. 17. 184. 
 
 TINEL. L. Fr. A place where justice 
 was administered. Kelham. Tinel (or 
 tynel) le roy ; the king's hall. Id. Blount. 
 
 TINEMAN. Sax. In old forest law. 
 A petty officer of the forest who had 
 the care of vert and venison by night, and 
 performed other servile duties. The word 
 occurs in the forest laws of Canute, where 
 i s explained to mean homo minutus. 
 
 Const. Canut. R. de Foresta, c. 4. Spet- 
 man. 
 
 TINET. [L. Lat. tinettum:\ In old re- 
 cords. Brush-wood and thorns for fenging 
 and hedging. Cart. 21 Hen. VI. Cornell. 
 Blount. 
 
 TINEWALD. The ancient parliament, 
 or annual convention in the Isle of Man, 
 held upon Midsummer-day, at St. John's 
 chapel. Cowell. 
 
 TINNELLUS. L.Lat. In old Scotch 
 law. The sea-mark; high-water mark; 
 tide-mouth. Skene de Verb. Signif. 
 
 TIN-PENNY. [Sax. teon-penig, from 
 teon, ten.] In Saxon law. A customary 
 tribute paid to the tithing-man, to support 
 the trouble and charge of his office. 
 Cowell. Chartul. Abbat. Badinges, MS. 
 cited ibid. Dufresne seems to have been 
 mistaken in defining this word to mean a 
 tax of acknowledgment paid for tin mines, 
 or the liberty of digging tin. 
 
 TINSEL OF THE FEU. In Scotch 
 law. The loss of the feu, from allowing 
 two years of feu duty to run into the third 
 unpaid. BelVs Diet. 
 
 TIPSTAFF. [L. Lat. saio, from Sax. 
 saiol, or sagol, a staff.] In English prac- 
 tice. A ministerial officer who attends the 
 judges while sitting in court, and at their 
 chambers, and is particularly charged with 
 the custody of prisoners, or persons com- 
 mitted to prison. 1 Tidd's Pr. 54, 349. 
 See 12 Mod. 634. So called from the staff 
 he carries, which is painted or ornamented 
 at the extremity, or, according to Cowell, 
 tipt with silver. The tipstaffs were for- 
 merly appointed by the Warden of the Fleet 
 Prison. 1 Tidd's Pr. 53. 
 
 TITHES, [from Sax. teotlia, tenth ; L. 
 Lat. decimce.'] In English law. The tenth 
 part of the increase, yearly arising and re- 
 newing from the profits of lands, the stock 
 upon lands, and the perspnal industry of 
 the inhabitants. 2 Bl. Com. 24. A species 
 of incorporeal hereditament ; being an ec- 
 clesiastical inheritance collateral to the 
 estate of the land, and due only to an ec- 
 clesiastical person by ecclesiastical law. 
 1 Crabb'sBeal Prop. 151, § 133. 
 
 The above definition of Blackstone has 
 been censured as faulty, in its supposing 
 tithe to consist in all cases of the tenth 
 part of the increase yearly arising and re- 
 newing. 2 Chitt. Bl. Com. 24, note. It 
 has been adopted, however, without objec- 
 tion, by Mr. Stephen. 3 Steph. Com. 123. 
 Mr. Crabb very succinctly defines tithes to 
 
TIT 
 
 (531) 
 
 TIT 
 
 be the "tenths of the produce of the 
 ground, or of personal industry." 1 Crabb's 
 Heal Prop. ub. sup. 
 
 Prmdial tithes are such as arise immedi- 
 ately from the ground ; as grain of all 
 sorts, hay, wood, fruits, and herbs. Id. ibid. 
 
 Mixed tithes are such as do not arise 
 immediately from the ground, but from 
 things nourished by the ground ; as calves, 
 lambs, . chickens, colts, milk, cheese, and 
 eggs. Id. ibid. 
 
 Personal tithes are such as arise by the 
 industry of man, being the tenth part of 
 the clear gain, after charges deducted. Id. 
 ibid. See 2 Ohitt. Bl. Com. 24, note. 
 
 Tithes are now commuted into a rent 
 charge, the amount of which is annually 
 adjusted according to the average price of 
 corn, [grain.] 1 OrabVs R. Prop. 161, et 
 seq. Wharton's Lex. 
 
 TITHING. [Sax. teothung, theothing ; 
 a company of ten ; L. Lat. tithinga, tith- 
 ingum, tethinga, theothinga, decenna, de- 
 curia.'] In Saxon law. The, number or 
 company of ten freeholders, with their 
 families, who all dwelt together and were 
 sureties or free-pledges to the king for the 
 good behavior of each other. Cowell. 1 
 Bl. Com. 114. 1 Heeves' Hist. 13. Other- 
 wise called a decennary ovfriborg, (qq. v.) 
 
 TITHING-MAN. [Sax. tienhefod, head 
 of ten ; L. Lat. decanus friborgi, capitalis 
 plegius ; thethingmannus.] In Saxon law. 
 The head or chief of a tithing ; one of the 
 ten freeholders or pledges who composed' 
 the tithing, annually appointed to preside 
 over the other nine ; a chief pledge, head 
 borough, or borsholder.* 1 Bl. Com. 114. 
 2 Inst. 73. Spelman, voce. Friborga, De- 
 canus friborgi. 
 
 In modern law, — a constable. " After 
 the introduction of justices of the peace, 
 the offices of constable and tithing-man be- 
 came so similar, that we now regard them 
 as precisely the same." Willcock on Con- 
 stables, Introd. 
 
 In New-England, — a parish officer an- 
 nually elected to preserve good order in 
 the church during divine service, and to 
 make complaint of any disorderly conduct. 
 ^^ehster 
 
 TITHING-PENY, Thething peny, Te- 
 dinpeni. In Saxon and old English law. 
 Money paid to the sheriflF by the several 
 tithings of his county. Cowell. 
 
 TITIUS. Lat. A Koman name, very 
 commonly used in the civil law, in illus- 
 trating rules by examples ; like the " John 
 
 Stiles," or " John Doe" of the old English 
 books, and the " A. B." of modern treatises. 
 Si in chartis membranisve tuis carmen vel 
 historiam vel orationem Titius scripserit, hu- 
 jus corporis non Titius sed tu dominus esse 
 videris ; if Titius shall have written a 
 poem, or a history, or an oration upon your 
 papers or parchments, you and not Titius 
 will be deemed the owner of the corpus, 
 i. e. the poem, &c. so written. Inst. 2. 1. 
 33. Titius filius hceres mihi esto ; let 
 Titius my son be my heir. Id. 2. 16, pr. 
 Big. 28. 5. 1, 2, 3. 
 
 Titius (or Ticius) is also sometimes used 
 by Bracton, in his illustrations. Ticius 
 alienam 'plantam in solo suo posuit ; ipsius 
 erit planta. Titius has set another man's 
 plant in his ground ; the plant shall be his. 
 Bract, fol. 10. Si Titius consul foetus 
 faerit ; if Titius shall be made consul. Id. 
 fol. 99 b. But these are obvious quotations 
 from the civil law. Occasionally the name 
 is employed in illustrating the practice of 
 the English courts. Titius de tali loco, et 
 socii sui justitiarii itinerantes in tali comi- 
 tatu ; Titius of such a place, and his com- 
 panions, justices itinerating in such a 
 county. Id. fol. 236 b. But the instances 
 of this are very rare ; the letters of the al- 
 phabet being generally employed in the 
 examples, as they are in the writs in the 
 Register. Si feoffavero A. et A. B. et B. C. 
 et sic in infinitum. Id. fol. 81. Sir William 
 Blackstone makes occasional use of this 
 name. 1 Bl. Com. 56. 2 Id. 10. 
 
 TITLE.. [L. Fr. tytle ; Lat. titulus, q. v.] 
 The lawful cause or ground of possessing 
 that which is ours, [justa causa possidendi 
 quod nostrum est.) Co. Litt. 345 b. — The 
 means whereby the owner of lands has the 
 just possession of his property. 2 Bl. Com. 
 195. — The means whereby the owner of 
 lands, or other real property, has the just 
 and legal possession and enjoyment of it. 
 Cruise Dig. tit. xxix. ch. 1, sect. 2. — The 
 means whereby a man cometh to land. Co. 
 Litt. ub. sup. See Titulus. These defini- 
 tions, it will be seen, confine the applica- 
 tion of the word to real propei^y. In mo- 
 dern law, however, it is constantly applied 
 to personal property also. When two titles 
 conenr, the best is preferred. Finch's Law, 
 b. 1, c. 4, n. 82. 
 
 According to Lord Coke, the word title 
 seems strictly to have imported, in the old 
 law of real property, something less than 
 right, or, as he describes it, " title properly 
 is, as some say, where a man has a lawful 
 
TIT 
 
 (532) 
 
 TO 
 
 cause of entry into lands, whereof another 
 is seised, for the which he can have no 
 action." Co. Litt. 345 b. 8 Co. 163 b. 
 " But legally," he adds, " it includes a right 
 also, for every right is a title, but every 
 title is not such a right for which an action 
 lies." Co. Litt. uh. sup. Hale and Finch 
 make a distinction between the terms. See 
 Eale^s Anal. sect, xxxii. FincKs Law, b. 
 2, ch. 2. In modern practice, however, 
 they are constantly associated together. 
 
 A title is further described in the old 
 books as consisting for the most part of 
 muniments, which fortify and protect the 
 ground of possession, (plerumque constat 
 ex munimentis guce muniunt et tuentur cau- 
 sam.) 8 Co. 153 b. See Title deeds. Ab- 
 stract of title. 
 
 TITLE DEEDS. Deeds which consti- 
 tute, or are the evidence of title to lands ; 
 muniments of title; the written evidences 
 of ownership of lands. See Title, Ab- 
 stract of title, Muniments. 
 
 TITTLE. A point used in the spelling 
 or abbreviation of words. Thus, the 
 writing of South, instead of South', is 
 called a defect of a tittle. Yearb. T. 7 
 Hen. VI. 25. See 6 Mod. 2T3, arg. 
 
 TITULADA. Span, [from Lat. titulus.] 
 In Spanish law. , Title. White's New Hecop. 
 b. 1, tit. 5, c. 3, § 2. 
 
 TITULATUS. Lat. In canon law. 
 Annexed to a church, (ecelesice ascripius.) 
 Spelman. 
 
 TIT'LUS. A contraction of titulus. 1 
 Inst. Cler. 13. 
 
 TITULUS. Lat. [from tueri, to protect.] 
 In the civil law. Title ; the source or ground 
 of possession, (causa possessionis ;) the 
 means whereby possession of a thing is ac- 
 quired, whether such possession be lawful 
 or not. 1 Mack Civ. Law, 243, § 233. 
 Id. 197, § 2V9. Heineccius makes a dis- 
 tinction between titulus, (title,) and modus 
 adquirendi, (the manner of acquiring ;) de- 
 scribing the former as the remoter, the lat- 
 ter as the proximate or immediate cause of 
 ownership. Ilein. Mem. Jur. Civ, lib. 2, 
 tit. 1, § 339. 
 
 In old English law. Title ; ground of 
 ownership of land. A vero domino ejici 
 potuit et impune, si temjms quod sufficiat 
 •pro titulo nan intervenerit ; but he may be 
 ejected by the true owner, and with impu- 
 nity, if a time have not intervened sufficient 
 to constitute a title. Bract, fol. 165 b. 
 
 A lawful cause or ground of possession. 
 Titulus est justa causa possidendi id quod 
 
 nostrum est ; title is the lawful ground of 
 possessing that which is ours. 8 Co. 153 b, 
 Co. Litt. 345 b. 
 
 TITULUS. Lat. In old ecclesiastical 
 law. A temple or church ; the material 
 edifice, (ecelesice materialis.) Spelman. So 
 called, as Spelman supposes, because the 
 priest in charge of it derived therefrom his 
 name and title. 
 
 T'LE. A contraction of tale. 1 Inst. 
 Cler. 13. 
 
 T'NSGR'. A contraction of transgressio. 
 1 Inst. Cler. 13. 
 
 TO, [Lat. ad, usque ad^ in expressing a 
 boundary, is a tenn of exclusion, unless, 
 by necessary imphcation, manifestly used 
 in a different sense. " I consider the laiy^ to 
 be clearly settled, that a boundary on a 
 stream, or by a stream, or ' to' a stream, 
 includes the flats at least to low-water mark, 
 and in many cases to the middle thread of 
 the river. It may be different when the 
 boundary is ' to the bank,' for in such cases, 
 the boundary is or may be limited to the 
 very bank, and may not extend into the 
 stream, or the flats thereof." Story, J. 3 
 Sumner's S. 178. 
 
 TO LANGE AND TO DEED. A 
 Saxon or old English phrase used in Brac- 
 ton, the meaning of which is very obscure. 
 It occurs in the following passage : Ft sci- 
 endum quod statim in ipsa inquisitione, et 
 coram coronatoribus, prcesentatur Fnglisch- 
 eria, sed diversimode tamen, secundum dv- 
 versas consuetudines comitatuum. In qui- 
 busdam vero comitatibus, presentatur Eng- 
 lischeria, sive mortuus fuerit ma^culus sive 
 foemina, per duos masculos ex parte patris, 
 et per duas foeminas ex parte matris, 
 de propinquioribus parentibus interfecti, 
 qui olim dicebantur ^a langt Eirb ^a brtir. 
 (And it is to be known that Engleschery 
 is to be presented immediately, at the time 
 of taking the inquest, and before the coro- 
 ners, but yet in a different manner, accord- 
 ing to the difl'erent customs of counties. 
 In some counties, Engleschery is presented, 
 whether the dead person be a male or a 
 female, by two males on the part of the 
 father, and by two females on the part of 
 the mother, of the nearest relatives of the 
 slain person, who were anciently called To 
 lange and To bred.) Bract, fol. 135. The 
 context seems to explain this phrase to 
 mean, " two males and two females." The 
 word " to," at least is clearly expressive of 
 number, and Cowell's version, " Too long 
 and too broad," is obviously absurd. In 
 
TOL 
 
 (533) 
 
 TOL 
 
 the parallel passage in Fleta the phrase 
 does not appear. Fleta, lib. 1, o. 30, § 2. 
 
 TO WIT. [0. Eng. to wyt, to wyte ; 
 Lat. videlicet, scilicet, sciendum ; L. Fr. as- 
 cavoir, asaver.'j Literally, to know. See 
 Wit. A term used to call attention to 
 something particular, or as introductory to 
 a detailed statement of what has been just 
 before mentioned generally. See Scilicet. 
 
 The ancient use and import of this now 
 familiar expression may be understood from 
 an order of King James III. of Scotland 
 for dissolving the parliament and calling a 
 new one, entered in the records of parlia- 
 ment, 21st February, 1487, which com- 
 mences as follows : " We do you to wit, 
 [that is, we make you to know, or give 
 you to understand] that our sovereign lord, 
 by the advice of his council, has," &c. The 
 same form of expression is used in the New 
 Testament. 2 Oor. viii. 1. The declara- 
 tion of thanks of Henry IV. on being made 
 king of England commences thus : " Sirs, 
 I thank G-od and zowe [you,] spiritual and 
 temporal, and all the states of the land, 
 and do zowe to wyte it es noght my will," 
 &c. 1 State Trials, 154. 
 
 TOFT. [L. Lat. to/turn.] In old Eng- 
 lish law. The place where a messuage has 
 stood; the site of a decayed house. Oowell. 
 Shep. Touch, (by Preston,) 95. 
 
 TOFTMAN. [L. Lat. toftmannus.l In 
 old English law. The owner of a toft. 
 Cowell. Spelman. 
 
 TOFTUM. L. Lat. In old English 
 law. A toft ; the place where a messuage 
 or house has stood. Glanv. lib. 8,'g. 2. 
 Beg.Orig.l. FeorS. M. 1 Edw. IL 1. Spel- 
 man. 
 
 TOIL, Tmjle. In Scotch law. Toll. 
 Qui habent Toyle et Theme, &c. Reg. 
 Maj. lib. 1, c. 4, § 2. 
 
 TOKOS, TiKoi. G'r. [from rfit™, to beget.] 
 In the Koman law. Interest ; the interest 
 of money. Dig. prooem. (De Conf. Big.) § 5. 
 
 TOL, Thol. Old forms, of Toll. Spel- 
 man. See Toll. A lord's privilege of 
 buying and selling within his own manor. 
 LL. Qui. Conq. 1. 3, KelhanHs note. 
 
 A lord's privilege of taking toll of what 
 is bought and sold within his manor. Id. 
 ibid. 
 
 A lord's exemption from taxes or tolls 
 for what was sold off his own domains. Id. 
 ibid. 
 
 An acquittance from paying toll in any 
 part of the kingdom. Id. ibid. Fleta, 
 lib. 1, c. 47, § 8. 
 
 TOLER, Toller. L. Fr. [from Lat. tol- 
 lere, q. v.] To take away. Britt. c. 38. 
 
 Tolet, tolets, tols, toluz, tolz ; taken 
 away. Kelham. 
 
 TOLL. [Sax. tol, thol; L. Lat tolne- 
 tum, tholonium, theolonium, thelonium ; 
 L. Fr. tolne, toloun.] In Saxon and old 
 English law. A liberty to buy and sell 
 within the precincts of a manor. Lambard, 
 Archaion. fol. 132. Cowell. The liberty 
 of having a fair or market. Spelman. 
 
 A tribute or custom paid for passage. 
 Cowell, . 
 
 A custom or port duty. Hale de Jur. 
 Mar. pars 2, {de port, mar.) c. 6. 
 
 A lord's right of having tallage of his 
 villeins. KeUw. 145. 
 
 In modern English law. A reasonable 
 sum due to the lord of a fair or market for 
 things sold there which are tollable. 2 
 CrabVs Real Prop. 350, § 683. 
 
 A duty imposed on travellers and goods 
 passing along public roads, bridges, &c. 
 Brande. 
 
 To TOLL, [from L. Fr. tolUr, from 
 Lat. tollere, q. v.] In old English law. 
 To take away ; to bar, or defeat. To toll 
 an entry was to bar or defeat it ; to take 
 away the right of entry. 3 Bl. Com. 176. 
 Descents were said to toll entries. See 
 Toller. 
 
 "TOLL AND TEAM, Tolland Them, 
 Toll and Tern, Tol and Team. Sax. 
 Words constantly associated in Saxon and 
 old English grants of liberties to the lords 
 of manors. Bract, fol. 56, 104 b, 124 b, 
 154 b. They appear to have imported the 
 privileges of having a market, and juris- 
 diction of villeins. See Team. 
 
 TOLL-THOEOUGH. In English law. 
 A toll for passing through a highway, or 
 over a ferry or bridge. Cowell. A toll 
 paid to a town for such a number of beasts, 
 or for every beast that goes through the 
 town, or over a bridge or ferry belong- 
 ing to it. Com. Big. Toll, (C.) Atoll 
 claimed by an individual where he is bound 
 to repair some particular highway. 3 Steph. 
 Com. 257. Called ihurg-toll. 5 Fast, 2. 
 
 TOLL-TRAVERSE. In English law. 
 A toll for passing over a private man's 
 ground. Cowell. A toll for passing over 
 the private soil of another, or for driving 
 beasts across his ground. Cro. Eliz. 7 10. 
 1 CrabVs Real Prop. 100,^10%. a Steph 
 Com. 257. ■ 
 
 TOLL-TURN. In English law. A 
 toll on beasts returning from a market. 
 
TOL 
 
 (534) 
 
 TON 
 
 1 CrabVs Real Prop. 101, § 102. A 
 toll paid at the return of beasts from 
 fair or market, tiougli they were not sold. 
 Co/well. 
 
 TOLLER, ToUr. L. Fr. [from Lat. 
 tollere, q. v.] To take away ; to bar or 
 defeat. Discents que toUent entries ; de- 
 scents which toll or bar entries. Litt. 
 sect. 385. 
 
 TOLLERE. Lat. In the civil law. To 
 lift up or raise ; to elevate ; to build up. 
 See Servitus altius non tollendi. 
 
 To take away ; to dissolve or destroy. 
 Tollitur omnis obligatio solutione ejus quod 
 dehetur ; every obligation is dissolved 
 by the payment of that which is due. 
 Inst. 3. SO, pr. See Fleta, lib. 2, c. 60, 
 
 § 5. 
 
 To put an end to an action. Calv. 
 Lex. To quash, or annul a judgment. 
 Id. Spiegelius. 
 
 To bring up, or educate. Calv. Lex. 
 AdarrHs Rom. Ant. 51. 
 
 In old European law. To take away. 
 Eidem terram suam in loco nuncupante 
 illo,perforciam tulisset ; took away by force 
 from the same, his land in that place 
 named. Marculf. lib. 1, c. 28. De qua- 
 cunque libet re jforciam, fecerit, et per vim 
 tulerit; of whatever thing he shall have 
 done violence, and taken away by force. 
 L. Ripuar. apud Spelman. 
 
 TOLLUTUS, Toltus, Tultus. L. Lat. 
 In old European law. Taken away. Bar- 
 barous participles formed from the verb 
 tollere, (q. v.) Quicquid ibi toltum/Men'i; 
 whatever* shall have been there taken. L. 
 Salic, tit. 34. Suum mansum ei toUutum 
 fuisset ; his manse was taken from him. 
 Chart. Alaman. 99. Spelman. 
 
 TOLNE. L. Fr. Toll; toll to a fair 
 or market. Stat. Westm. 1, c. 31. 2 
 Inst. 220. 
 
 TOLNETUM, Theolnetum. L. Lat. 
 In old English law. Toll. Si sit ali- 
 quis qui de concessione domini regis, ia- 
 lem habeat liberlatem, sicut Socle <& Sack, 
 Tolnetum, Team, &c. ; if there be any 
 one who has, by the grant of the king, 
 such a liberty as Sock and Sack, Toll, 
 Team, &c. Bract, fol. 122 b. The same 
 with theolonium, (Lat. vectigal.) 8 Co. 
 46 b. 
 
 A tax, charge or imposition. Sine om- 
 nibus malis tolnetis ; without any manner 
 of evil tolls. Magna Charia, c. 30. See 
 Male tolt. 
 
 TOLSESTER, Tolsaster, Tolcester. [L. 
 
 Lat. tolcestrum.l In old English law. 
 A toll or tribute of a sextary or sester 
 of ale, paid to the lords of some ma- 
 nors by their tenants, for liberty to brew 
 and sell ale ; a species of excise. Cowell. 
 
 TOLT. [L. Lat. tolta, from tollere, to 
 remove.] In old English practice. A 
 writ by which a cause pending in a court- 
 baron was removed to the county court. 
 Cowell. Termes de la Ley. F. N. B. 
 3 F. 3 Bl. Com. 34, 195. So called, 
 quia tollit atque eximit causam e curia baro- 
 num, (because it takes away and removes 
 the cause from the court baron.) 3 Co. 
 pref. It was a precept directed by the 
 sheriff to his bailiff, commanding him to 
 go to the lord's court, and take away the 
 plaint which was there into his county 
 court. F. JV. B. uh, sup. 3 Bl. Com. 
 Appendix, No. i. sect. 2. It seems now to 
 be disused. 3 Steph. Com. 393. See 1 
 W. Bl. 39T. See Tolta. 
 
 TOLTA. L. Lat. In old English law. 
 Tolt ; a process for removing a cause from 
 a court-baron. Spelman. 
 
 A process for removing a cause from the 
 jurisdiction of a temporal court. Plac. 
 cor. Reg. Term. Fasch. 22 JEdw. I. Rot. 
 18. Spelman. 
 
 Wrong ; rapine ; extortion ; any thing 
 exacted or imposed contrary to right and 
 justice. Fat. 48 Sen. III. in Brady's 
 Mist. Eng. Appendix, 235. See Mala tolta. 
 
 TONEL. L. Fr. In old English law. 
 A hogshead or tun. Tonel de vin ; a tun 
 of wine. Tearb. H. 6 Edw. IIL 15. H. 
 20 Hen. YL 2. 
 
 A place of confinement for night-walk- 
 ers ; a round-house. Kelham. Accord- 
 ing to Mr. Barrington it was anciently 
 either an old butt or hogshead, or some- 
 thing built in the shape of one. Obs. Stat. 
 154. 
 
 TONNA. L. Lat. In old English law. 
 A ton. Spelman. 
 
 TONNAGIUM. L. Lat. In old Eng- 
 lish law. A custom or impost upon wines 
 and other merchandize exported or im- 
 ported, according to a certain rate per ton. 
 Spelman. Cowell. 
 
 TONNETIGHT. In old Enghsh law. 
 The quantity of a ton or tun, in a ship's 
 freight or bulk, for which tonnage or tun- 
 nage was paid to the king. Pat. 2 Ric. 
 II. Cowell. 
 
 TONODERACH. In old Scotch law. 
 A thief-taker, (qui fures exquirit.) LL. 
 Kenethi Regis, § 5. Spelman. 
 
TOE 
 
 (635) 
 
 TOR 
 
 TONSUEA. Lat. [from tondere, to 
 shave or clip.] In old English, law. A 
 shaving, or polling ; thq having the crown 
 of the head shaven ; tonsure. One of the 
 peculiar badges of a clerk or clergyman. 
 Habitus et tonsura clericalis ; the clerical 
 habit and tonsure, without which no man 
 originally could be admitted to the privi- 
 lege of clergy. 2 Hale's P. C. 372. 4 
 JBl. Com. 366. See JVov. 5, c. 2. See 
 Clerical tonsure. 
 
 The clipping of money. Fleta, lib. 1, 
 c. 20, 8§ 123, 125, 126, 127, 130. 
 
 TONSUEE. [Lat. tonsura, q. v.J In 
 old English law. A being shaven; the 
 having the head shaven ; a shaven head. 
 4 Bl. Com. 367. See Tonsura, Clerical 
 tonsure. 
 
 TONSUS. Xat. [from tondere, to shave.] 
 In old European law. Shaven ; initiated 
 in holy orders, (sacris iniiiatus.) Spelman. 
 " Trimmed with the clerical tonsure." 4 
 £1. Com. 367. Hence priests were some- 
 times called in derision, " shavelings." 
 
 TONTINE, [from Tonti, the inventor.] 
 A loan raised on life annuities, with the 
 benefit of survivorships. Brande. A loan 
 upon the .principles of a tontine was pro- 
 posed to congress by Mr. Hamilton, in his 
 Beport on Public Credit, Jan. 9, 1790. 
 
 TOP ANNUAL. In Scotch law. An 
 annual rent out of a house built in a 
 burgh. Whishaw. A duty which, from 
 the act 1551, c. 10, appears to have been 
 due from certain lands in Edinburgh, the 
 nature of which is not now known. BeWs 
 Diet. See Skene de Verb. Sign. voc. An- 
 nuell. 
 
 TOE. Sax. [L. Lat. torra.] In old 
 records. A mount or hill. Cowell. 
 
 TOEAILE. L. Fr. A kiln. Tearb. 
 T. 4 Edw. in. 26. 
 
 TOECENOUSE. L. Fr. [from twt, 
 q. v.] Wrongful ; injurious ; tortious ; dis- 
 tinguished from damaiouse, (q. v.) £n 
 la mercy pur sa torcenouse occupacion ; in 
 mercy for his wrongful occupation. Britt. 
 c. 50. Si la nosaunce soft damaiouse et 
 torcenouse, adonques, <&c. Et si nent tor- 
 cenouse, uncorefait a suffrer, tout soit ele 
 damaiouse ; if the nuisance be damageous 
 and tortious, [i. e. productive both of loss 
 and wrong, damnum cum injuria^ then, 
 &c. And if not tortious, it must be sub- 
 mitted to, though it may be damageous. 
 Britt. c. 6 1 . 
 
 TOECULAEIUM. Lat. In the civil 
 law. A wine-press. Dig. 19. 1. 17, pr. 
 
 TOEMENTUM. L. Lat. In old prac- 
 tice. An engine. Tormentum, Anglice 
 vocaf a pistol, oneraf cum pulvere bombar- 
 dico et glandine plumbea; Ang. charged 
 with gunpowder and one leaden bullet. 2 
 State Trials, 745. 
 
 TOEN. An old form of tourn, the 
 sheriff's county court in England. Mirr. 
 c. 1, § 16. 
 
 TOENAEE. L. Lat. To turn ; to re- 
 turn. Spelman. 
 
 TORNEAMENTUM. L. Lat. In old 
 records. A tournament, or tourney. Spel- 
 man. Cowell, voc. Turney. 
 
 TOENETUM. L. Lat. In old records. 
 A tax or acknowledgment paid to the 
 sheriff, for holding his tourn. Cowell. 
 
 TOREALE, Torralium. L. Lat. [from 
 torrere, to roast, or dry by fire.] In old 
 English and Scotch law. A kiln or malt- 
 house ; a house or place where grain or 
 malt was dried. Spelman. 3 Bl. Com. 
 235. Skene de Verb. Sign. voc. Torra- 
 lium. 
 
 TORT. L. Fr. and Eng. [from Lat. 
 tortus, tortum, twisted, or crooked.] 
 Wrong; injury; the opposite of right, 
 (droit?) So called, according to Lord 
 Coke, because it is wrested, or crooked, 
 being contrary to that which is right and 
 straight. Co. Litt. 158 b. Celuy que 
 droit avera, reeovere ; et que tort avera, 
 soit puny ; he who shall have the right, 
 shall recover; and he who shall have 
 [done] wrong shall be punished. Britt. 
 c. 68. De son tort demesne, (q. v.) of his 
 own wrong. De fait et a tort ; de facto 
 and wrongfully. Britt. c. 107. The Span- 
 ish tuerto (q. v.) has the same sense. 
 
 In modern practice, toi-t is constantly 
 used as an English word to denote a 
 wrong or wrongful act, for which an action 
 will lie, as distinguished from a contract. 
 3 Bl. Com. 111. 
 
 TOET FEASOR. L. Fr. and Eng. A 
 wrong-doer ; a trespasser. Cro. Jac. 383. 
 Cowell. 
 
 TORTIOUS. [L. Fr. torcenouse.] 
 Wrongful ; having the quality of a tort, 
 (q. V.) 
 
 TOETUM. Lat. [from torquere, to 
 twist or crook] Crooked ; twisted ; not 
 straight. 
 
 Injustice; wrong; the opposite of right, 
 (rectum.) Spelman. 
 
 Tortura legum pcssima. The torture or 
 
 wresting of laws is the worst [kind of tor- 
 ture.] Bacon's Works, iv. ,434. 
 
TOT 
 
 (536) 
 
 TOU 
 
 TOSCHEODEEACH, Toschodairach, 
 Tochederach. In old Scotcli and Irish 
 law. A Serjeant, or serjeant-at-arms, {ser- 
 vient eurice;) one wio executed the pro- 
 cess of the courts in summoning parties ; 
 a messenger or summoner. Seff. Mag. 
 lib. 1, c. 6, § 7. Skene, on this passage, 
 translates the word "ane mair of fee." 
 Spelman. In Skene's De Verborum Sig- 
 nificalione several senses are given. 
 
 TOT. In old English practice. A 
 word written by the foreign opposer or 
 other officer, opposite to a debt due the 
 king, to denote that it was a good debt ; 
 which was hence said to be totted. Stat. 
 42 Udw. III. c. 9. Stat. 1 Hdw. VI. c. 
 1 5. Cowell. 
 
 TOT. L. Fr. [from Lat. totus.\ All ; 
 although. Kelham. 
 
 Tot a primer : as soon ; immediately. 
 Id. 
 
 Tot en tot; wholly; entirely. Id. 
 
 Totfois; totvoies; always. Id. 
 
 Tot le meins; full at the least. Id. 
 
 Tot outre ; entire. Id. 
 
 TOTA CUEIA. L. Lat. In the old 
 reports. The whole court. Tota curia 
 contra eum ; the whole com't against him. 
 Tearh. M. 9 Hen. VI. 34. 
 
 TOTAL LOSS. In insurance law.- A 
 loss on account of which the assured is 
 entitled to recover from the underwriter 
 the whole amount of his subscription. 2 
 Amould on Ins. 990, (993, Perkins' ed.) 
 A total loss, within the meaning of the 
 policy, may arise either by the total de- 
 struction of the thing insured, or, if it 
 specifically remains, by such damage to it 
 as renders it of little or no value. 3 
 Kenfs Com. 318. A loss is said to be 
 total, if the voyage be entirely lost or de- 
 feated, or not worth pursuing, and the pro- 
 jected adventure frustrated. Id. ibid. 
 
 An absolute total loss takes place when 
 the subject insured wholly perishes, or its 
 recovery is rendered iiTetrievably hope- 
 less ; and it is one which entitles the 
 assured to claim from the underwriter the 
 whole amount of his subscription, without 
 giving notice of abandonmeut. 2 Amould 
 on Ins. 990, (993, Perkins' ed.) 
 
 A constructive total loss takes place 
 when the subject insured is not wholly de- 
 stroyed, but its destruction is rendered 
 highly probable, and its recovery, though 
 not utterly hopeless, yet exceedingly 
 doubtful. Id. ibid. It is a constructive 
 total loss if the thing insured, though ex- 
 
 isting in fact, is lost for any beneficial pur- 
 pose to the owner. In such cases, the in- 
 sured may abandon all his interest in the 
 subject insured, and all his hopes of re- 
 covery, to the insurer, and call upon him 
 to pay as for a total loss. 3 Kents Com. 
 318. To recover from the insurer in such 
 cases, an abandonment is indispensable. 
 Id 320 321 
 
 TOTHUL. L. Fr. In English law. 
 Tothill Fields, where trials by battel were 
 conducted. Yearb. M. 4 Edw. III. 12. 
 
 TOTIDEM VERBIS. Lat. In so many 
 words. 
 
 TOTIES QUOTIES. Lat. Literally, 
 so often, — as often. As often as ; as often 
 as it shall happen. Cas. temp. Talbot, 52. 
 Lord EUenborough, & M. & S. 81. Toties 
 quoties sibi, aut eorum numero majori, con- 
 veniens fore videbitur ; as often as it shall 
 seem meet to them, or the greater number 
 of them. 1 Man. & Gr. 39. 
 
 T0TI8 VIRIBirS. Lat. With all 
 one's might or power ; with all his might; 
 very strenuously. A phrase in the old re- 
 ports. " Baron Price toiis viribus contra." 
 Bunb. 36. Id. 19T. " Holt, C. J. totis viri- 
 bus contra." 12 Mod. 289. 
 
 TOTUM. Lat. The whole ; all. To- 
 turn praefertur nnicniqne parti. The whole 
 
 is preferred to any single part. 3 Co. 41 a, 
 Batcliff's case. The whole blood should 
 inherit before the half blood. Id. ibid. 
 For the construction of the word toium in 
 the civil law, see Dig. 50. 16. 25. 
 
 TOUCH. In insurance law. To stop 
 at ; to stop at a port. If there be liberty 
 granted by the policy to touch, or to touch 
 and stay, at an intermediate port on the 
 passage, the better opinion now is, that 
 the insured may trade there, when consist- 
 ent with the object and the furtherance of 
 the adventure, by breaking bulk, or by dis- 
 charging and taking in cargo, provided it 
 produces no unnecessary delay, nor en- 
 hances nor varies the risk. 3 Kents Com. 
 314, and cases there cited. These words 
 were formerly construed more strictly. 1 
 Amould on Ins. 364, (370, Perkins' ed.) 
 
 TOUCHER. L. Fr. In old English 
 law. To relate to; to affect; to touch. 
 Une manere de accion y ad pledable en 
 nostre court, que est appele mixte, par taunt 
 que ele touche lapersone v's que la demaunde 
 estfaite, et estre ceo, ele touche la chose de- 
 maunde ; there is one kind of action pleada- 
 ble [i. e. that may be brought] in our court, 
 which is called mist, for as much as it 
 
TOTJ 
 
 (537) 
 
 TOW 
 
 touches the person against whom the de- 
 mand is made ; and besides this, it touches 
 the thing demanded. Britt. c. 71. Arti- 
 cles touchauntz nostre corone. Id. c. 29. 
 
 TOUCHING A DEAD BODY. In 
 criminal evidence. An old method adopt- 
 ed to ascertain the guilt of a person sus- 
 pected of murder, by requiring him or her 
 to touch the corpse of the murdered person ; 
 the belief being that the body would bleed 
 at the touch of the murderer. See 1 1 Ifow. 
 State Trials, 1402, 1403. 14 Id. 1324, 
 1826. Burr. Circ. Evid. 478, 479. 
 
 TOUCHING' THE GOSPELS. See 
 Tactis, Tacto, &c. 
 
 TOURN, Tom, Turn. [L. Fr. toume; 
 L. Lat. tournus, turnus, from tour, a cir- 
 cuit, or perambulation.] In old English 
 law. The county criminal court, held be- 
 fore the sheriff twice a year, in every hun- 
 dred of the kingdom. The tourn and the 
 leet were originally one ; and hence this 
 court is called the turn [i. e. the circuit] of 
 the sheriff to keep a court leet in each re- 
 spective hundred. 2 Inst. 71. Mirr. c. 1. 
 § 13, 16. Magna Gharta, c. 35. Bract. 
 fol. 155. 4 Bl. Com. 273. Britton ob- 
 serves, that that which is called before the 
 sheriff, the tour of the sheriff, {tour de vis- 
 counte,) is called, in the court of a freeman, 
 and in franchises and in hundreds, view of 
 frank-pledffe, (the old name of the leet.) 
 Briit. c. 29. See Turnus. 
 
 TOUT. (pi. Touts.) L. Fr. [from Lat. 
 toius.'] All. 
 
 TOUT ATRENCHE (or ATTRENCHE.) 
 L. Fr. Altogether; entirely. Yearh. P. 
 5 Edw. Ill 18. P. 8 Edw. Ill 7, 8. 
 
 TOUT TEMPS PRIST. L. Fr. [L. 
 Lat. semper paratiisi] Always ready. The 
 emphatic words of the old plea of tender ; 
 the defendant alleging that he has always 
 been ready, {tout temp» pj-ist,) and still is 
 ready, {et uncore prist,) to discharge the 
 debt. Yearb. M. 3 Hen. VL 30. P. 11 
 Hen. VI. 6. 3 Bl. Com. 303. 2 Salk. 
 622. 
 
 TOUT UN SOUND. L. Fr. [L. Lat. 
 idem sonans.J All one sound; sounding 
 the same. An expression formerly applied 
 to a name where it sounded in pronuncia- 
 tion so like another, as not to be distin- 
 guished. In debt, where the writ was 
 against Baxster, and the obligation was 
 Baxter, the writ was held good, because it 
 is aU one sound in speech, {eo que il est 
 tout un sound en parlans.) Yearb. M. 3 
 Hen. IV. 4. 
 
 TOWN. [L. Fr. ville; L. Lat. 
 Lat. oppidumS\ A collection of houses in 
 one neighborhood ;* a genericalterm, com- 
 prehending under it the several species of 
 cities, boroughs and common towns. 1 Bl. 
 Com. 115. 
 
 In modern law, the term town is usually 
 applied to a collection of houses larger than 
 a village, but anciently it seems to have 
 comprehended any collection of houses, 
 however small. Indeed, Sir William Black- 
 stone supposes the word to have particu- 
 larly denoted a tithing, which was almost 
 the smallest civil division of the kingdom, 
 consisting of ten houses or families. 1 Bl. 
 Cvm. 114, 116. "Tithings, towns, orviUs," 
 he observes, " are of the same signification 
 in law." Id. 114. Lord Coke gives to 
 towns, one mark of distinction, viz. the cir- 
 cumstance of having, or having had, in 
 time past, a church and celebration of di- 
 vine service, sacraments and burials ; with- 
 out which, he observes, it cannot be a town 
 in law. Co. Litt. 115 b. But Blackstone 
 regards this as rather an ecclesiastical than 
 a civil distinction. 1 Bl. Com. 114. Lit- 
 tleton observes, that every borough is a 
 town, but not e converse. Litt. sect. 171. 
 
 In the United States, the term town is 
 generally used to denote those civil divi- 
 sions or subdivisions of a state which are 
 intermediate between villages on the one 
 hand, and cities on the other. It is, how- 
 ever, said to denote in Pennsylvania, and 
 some other of the middle states, both a vil- 
 lage and a city. Bouvier. This is pre- 
 serving the ancient general sense of the 
 word. In New-York and the eastern 
 states, towns or townships are the subdi- 
 visions of counties, including within their 
 limits, villages and towns proper. Webster 
 observes that " in the United States, the 
 circumstance that distinguishes a town from 
 a city, is generally that a city is incorpo- 
 rated with special privileges, and a town is 
 not." But in many of the states there are 
 incorporated tovms which are not cities, 
 and there are also incorporated villages. 
 
 *^* Town is derived by Webster from 
 the Sax. tun, from tynan, to shut, and 
 originally imported, according to the same 
 authority, a walled or fortified place; a 
 collection of houses enclosed with walls, 
 hedges, or pickets for safety. This is mak- 
 ing the radical idea of the word the same 
 with that claimed for borough, from burgus, 
 (qq. V.) But according to Blackstone, the 
 original import of the word town was tith- 
 
TOW 
 
 (538) 
 
 TEA 
 
 ing or vill, a neighborliood of ten families, 
 which would justify the derivation of the 
 word from the Sax. tien, ten ; and this ac- 
 cords with the derivation of borough from 
 the Sax. horg, horh, or horhoe, the Saxon 
 name of the tithing or decennary. See 
 Borough,. 
 
 The corresponding Latin word villa seems 
 to have undergone, in England, changes of 
 signification similar to those of the English 
 town. Spelman observes that villa, among 
 the Anglo-Saxons, was used in its Koman 
 sense of a farm or private country residence, 
 (pro proedio umus alicujus in rure,) pro- 
 vided with suitable buildings for laying up 
 the fruits raised upon it, (cum idoneis cedi- 
 bus ad reponendos ejusdem fructus hcmes- 
 tato ;) and that it was not originally em- 
 ployed in the sense of a collection or neigh- 
 borhood of several mansions, (the proper 
 signification of the Latin oppidum,) though 
 in the course of time it came to be. Spel- 
 man, voc. Villa. Bracton, in explaining 
 the origin in England, of the word villa, 
 throws some light on the primitive meaning 
 of town. Et unde videndum est, quid sit 
 mansio et quid sit villa. Ut sciendum quod 
 de jure gentium agris sunt termini positi, 
 cedifida sunt collata sive vicinata, et ex qua 
 collatione jiunt civitates et villw, et ex plu- 
 ribus mdificiis collatis et vicinatis, et nan ex 
 una cedifido constructo. Ut si quis in agris 
 unicum faciat oedifidum, nonerit ibi villa, 
 ied cum ex processu temporis inceperint 
 coadjuvari \coadunarif\ et vicinari plura 
 cedifida, incipit esse villa, &c. (We must 
 see, then, what a mansion is, and what a 
 town or vill is. And it is to be understood 
 that according to the law of nations, [that 
 is, the public or general law of states,] cer- 
 tain limits are marked out in lands, and 
 houses built together, [within them] or 
 erected into a neighborhood, out of which 
 cities and towns are formed, which are thus 
 composed of several buildings erected to- 
 gether, and not of a single edifice. Hence 
 where a man builds a single house in the 
 fields, it will not be a town or vill ; but when, 
 in process of time, several buildings have 
 become united together for common safety, 
 and formed into a neighborhood, it begins 
 to be a town, &c.) Bract, fol. 211. From 
 what the same author has said in another 
 passage, it would appear that two houses 
 standing in the neighborhood of each other 
 would not constitute a vill, or town, but 
 any larger number would. See Bract, fol. 
 434. 
 
 TOWN-REEVE. In English law. The 
 reeve or chief oflBcer of a town. See Beve. 
 
 TEA. In old practice. The mark a 
 made to show where a clause or word left 
 out, and interlined in writing, should come 
 in. According to the Instructor Clericalis, 
 it was derived from the Lat. trahere, to 
 draw ; " because by it the words left out 
 are signified to be these (where 'tis placed) 
 drawn into writing." 1 Jnstr. Cler. 20. 
 
 TRABES. Lat. In the civil law. A 
 beam or rafter of a house. Calv. Lex. 
 
 In old English law. A measure of grain, 
 containing twenty-four sheaves ; a thrave. 
 Spelman. 
 
 TRACE A. L.Lat. In old English law. 
 The track or trace of a felon, by which he 
 was pursued, with the hue and cry ; a foot- 
 step, hoof-print or wheel-track. Bract. 
 fol. 116, 121 b. 
 
 TRACTARE. Lat. In old English law. 
 To treat, or handle. Male tractare ; to 
 mal-treat, or ill-treat. Verberaverunt et 
 male tractaverunt ; beat and ill treated. 
 Bract, fol. 57. 
 
 To draw or drag (to execution.) Trac- 
 tari et suspendi; to be drawn and hanged. 
 Fleta, lib. 1, c. 23, § 6. 
 
 TRADAS IN BALLIUM. L. Lat. 
 (You deliver to bail.) In old English prac- 
 tice. The name of a writ which might be 
 issued in behalf of a patty who, upon the 
 writ de odio et atia, had been found to have 
 been maliciously accused of a crime ; com- 
 manding the sheriff that if the prisoner 
 found twelve good and lawful men of the 
 county who would be mainpernors for him, 
 he should deliver him in bail to those 
 twelve, until the next assize. Bract, fol. 
 123. 1 Beeves' Hist. Eng. Law, 252. 
 
 TRADjE. The act or business of ex- 
 changing commodities by barter; or the 
 business of buying and selling for money ; 
 traffic; barter. Webster. 
 
 The business which a person has learned 
 and which he carries on for procuring sub- 
 sistence, or for profit; occupation, par- 
 ticularly mechanical employment; distin- 
 guished from the liberal arts and learned 
 professions, and from agriculture. Id. 
 
 TRADE MARK. A distinctive mark 
 used by persons in trade; a distinctive 
 mark, sign or device used by merchants 
 and manufacturers ; a mark, sign, device, 
 ticket, wrapper or label put upon manufac- 
 tured goods to distinguish them from 
 others. See Z B. & O. 541. 2 Keen, 
 213. 
 
TEA 
 
 (639) 
 
 TRA 
 
 TRADER. One who trades ; one who 
 is engaged ia trade, or the business of buy- 
 ing and selling ; one who gets a livelihood 
 by buying and selling for gain.* 2 Kenfs 
 Com. 389. 2 Bl. Com. 476. 2 Steph. 
 Com. 195. 
 
 The meaning of the word trader in the 
 English bankrupt law has been enlarged 
 from time to time by statute, until it now 
 includes the following descriptions of per- 
 sons : viz. bankers, brokers, persons using 
 the trade of a scrivener, receiving other 
 men's monies or estates into their trust or 
 custody, persons insuring ships or their 
 freight or Qther matters against perils of the 
 sea, warehousemen, wharfingers, packers, 
 builders, carpenters, shipwrights, victual- 
 lers, keepers of inns, taverns, hotels or cof- 
 fee-houses, dyers, printers, bleachers, ful- 
 lers, calenderers, cattle or sheep salesmen, 
 livery-stable keepers, coach proprietors, 
 carriers, ship-owners, auctioneers, apothe- 
 caries, market-gardeners, cow-keepers, 
 brick-makers, alum-makers, lime-burners 
 and millers. Stat. 6 Geo. IV. c. Iff, s. 2. 
 Stat. 5.& 6 Vict. c. 122, s. 10. 2 Steph. 
 Com. 194, note {g.) 
 
 TRADEEE. Lat. To deliver ; to trans- 
 fer the possession. In the civil law, this 
 word was properly expressive of the mere 
 fact of transfer, without reference to the 
 right. Calv. Lex. But it signified alsa 
 a transfer of the property. Inst. 2. 1. 40. 
 
 To betray. Hence traditor, a traitor. 
 
 TRADESMAN. In England, a shop- 
 keeper ; a small shop-keeper. 
 
 In the United States, a mechanic or ar- 
 tificer of any kind, whose livelihood de- 
 pends upon the labor of his hands. Bell, 
 J. 4 Penn. St. (Barr's) B. 472. 
 
 In a larger sense, any person engaged 
 in mechanical pursuits and emplojrments ; 
 including manufacturers of every class. Id. 
 473. 
 
 TRADICION. Span, [from Lat. imtii- 
 tio, q. v.] In Spanish law. Delivery. 
 White's New Eecop. b. 2, tit. 2, c. 9. 
 _ TRADITIO. Lat. [from tradere, to de- 
 liver.] In the civil law. Delive|^y ; trans- 
 fer of possession ; a giving possession of a 
 corporeal thing. Heineccius defines it, 
 modus acquirendi derivativus quo dominus, 
 qui jus et animum alienandi habet,rem cor- 
 poralem exjusta causain accipientem trans- 
 fert ; (a derivative mode of acquiring, by 
 which the owner of a corporeal thing, 
 having the right and the will of aliening 
 it, transfers it for a lawful consideration to 
 
 the receiver.) Seinecc. Mem. Jur. Civ. 
 lib. 2, tit. 1, § 380. 
 
 In old English law. Delivery or livery. 
 Est traditio de re corporali propria vel dli- 
 ena, de persona in personam de manu pro- 
 pria vel aliena, sicut procuratoria, dum ta- 
 men de voluntate domini, in alterius manum 
 gratuita translatio. JSt nihil aliud est tra- 
 ditio, in uno sensu, nisi in possessionem in- 
 ductio de re corporali, ideo dicitur quod res 
 incorporalis non patitur traditionem ; siCiUt 
 ipsum jus quod rei sive corpori inhceret ; 
 et quia non possunt res incorporales possi- 
 deri sed quasi, ideo traditionem non pati- 
 untur, sed quasi, nee adquiruntur nee reti- 
 nentur nisi per patientiam et usum ; deli- 
 very is the voluntary transfer of one's own 
 or another's corporeal thing, from person 
 to person, out of one's own hand or an- 
 other's (as of an attorney's, if with the 
 consent of the principal) into the hands of 
 another person. And delivery is nothing 
 else, in one sense, than the induction into 
 possession of a corporeal thing, so called, 
 because an incorporeal thing does not ad- 
 mit of delivery, such as the right itself 
 which inheres in the thing or corpus ; and 
 because incorporeal things cannot be pos- 
 sessed, but as it were, therefore they do not 
 admit of delivery, but as it were, nor are 
 they acquired nor retained except by suf- 
 ferance and use. Bract, fol. 39 b. This 
 passage is materially abridged by Black- 
 stone in quoting it. 2 Bl. Com. 317. 
 Fleta follows Bracton, but with considera- 
 ble modification. Fleta, lib. 3, c. 16, 
 §4. 
 
 Traditio loqui faeit cliartam. Delivery 
 makes a deed speak. 6 Co. 1 a, Clayton's 
 case. Delivery gives eflfect to the words of 
 a deed. Id. ibid. 
 
 Traditio nihil amplius transferre debet vel 
 potest, ad cum qui accipit, pam est apnd 
 enm qui tradit. Delivery ought to, and 
 can, transfer nothing more to him who re- 
 ceives than is with him who delivers. Dig. 
 41. 1. 20, pr. 
 
 TRADITIO CLAVIUM. Lat. In the 
 civil law. Delivery of keys ; a symbolical 
 kind of delivery, by which the ownership 
 of merchandize in a warehouse might be 
 transferred to a buyer. Inst. 2. 1. 44 
 
 TRADITIO REL Lat. Delivery of a 
 thing. Lord. Ellenborough, S M. S S 
 82. 
 
 TRADITION. Delivery. A close trans- 
 lation or forniation from the Lat. traditio 
 (q. V.) 2 Bl. Com. 307. ' 
 
TEA 
 
 (540) 
 
 TEA 
 
 TKADITOE. L. Lat. [from tradere, to 
 betray.] In old English law. A traitor ; 
 one guilty of Mgli treason. Fleta, lib. 1, 
 c. 21,§8. /(^. lib. 2, c. 52, § 14. 
 
 TEADITUE IN BALLIUM. L. Lat. 
 In old practice. Is delivered to bail. Em- 
 phatic words of the old Latin bail-piece. 
 1 Salk. 196. 
 
 TEAHENS. Lat. [from trahere, to 
 draw.j In French law. The drawer of a 
 bill. Story on Bills, § 12, note. 
 
 TEAHEEE. Lat. In old English law. 
 To draw ; as a principal thing does an in- 
 cident. Id qnoo majus est trahlt ad sc id 
 quod minus est. That which is greater 
 draws to it that which is less. Bract, fol. 
 175. 
 
 To draw or bring in by superior power ; 
 to draw a person against his will ; to bring 
 into court. Trahere in placitum ; to draw 
 into plea ; to make one a party to a suit ; to 
 implead. A. queritur quod B. trahit eum 
 in placitum ; A. complains that B. draws 
 him into plea. Reg. Orig. 34. Si con- 
 tra voluntatem trahatur in placitum ; if 
 against his will he be drawn into plea. 
 Bract, fol. 402. 
 
 To draw to execution. Trahitur et de- 
 coUatur ; is drawn and beheaded. 1 Pitc. 
 Crim. Trials, part 2, pp. 202, 203. 
 
 In the civil law. To put off; to delay 
 or protract. Calv. Lex. 
 
 TEAHIE, Trair. L. Fr. [from Lat. 
 trahere, q. v.] In old English law. To 
 draw. Trait et pend'; drawn and hanged. 
 Yearb. M. 19 Hen. VL 102. 
 
 TEAIL-BASTON. [from Fr. trail, to 
 draw, and haston, a staff.] Draw-staff. 
 The name given to certain justices ap- 
 pointed by Edward I. with extraordinary 
 powers to try offences, and particularly 
 with authority to inquire into and punish 
 the malpractices of sheriffs, coroners, sub-es- 
 cheators, constables, bailiffs and other offi- 
 cers. Yearb. (Ad^.) T. 2 Edw. III. 14. 
 See Justices of Trail-baston. Spelman 
 gives at length a commission of this kind 
 granted by the king in the fifth year of his 
 reign to Eoger de Grey, and others his jus- 
 tices for the counties of Essex, Hertford- 
 shire, Cambridgeshire and Huntingdon- 
 shire. It was sometimes called Trebaston. 
 Yearb. ub. sup. 
 
 TRAISTIS. Sc. In old Scotch law. A 
 roll containing the particular dittay (q. v.) 
 taken up upon malefactors, which, with the 
 portuous, (q. v.) is delivered by the justice 
 clerk to the coroner, to the effect that the 
 
 persons whoso names are contained in the 
 portuous may be attached, conform to the 
 dittay contained in the traistis. So called, 
 because committed to the traist, [trust] 
 faith and credit of the clerks and coroner. 
 Skene de Verb. Signif. 
 
 TEAITOEOUSLY. In driminal plead- 
 ing. An essential word in indictments for 
 treason. The offence must be laid to have 
 been committed traitorously. Wharton^s 
 Am. Crim. Law, 100. 
 
 TEAJECTITIU8. Lat. [from tra- 
 jicere, to send across.] In the civil law. 
 Sent across the sea. See Peeunia trajec- 
 titia. 
 
 TEANS ACT. In Scotch law. To com- 
 pound. Lord Hardwicke, Ambl. 185. 
 
 TRANSACTIO. Lat. [from transa- 
 gere, to finish.] In the civil law. The 
 settlement of a suit or matter in contro- 
 versy, by the litigating parties, between 
 themselves, without referring it to arbi- 
 tration. Hallifax, Anal. b. 3, c. 8, num. 
 14. An agreement by which a suit, 
 either pending or about to be commenced, 
 was forborne or discontinued on certain 
 terms. Calv. Lex. See Big. 2. 15. Fleta, 
 hb. 4, c. 17, § 2. 
 
 TEANSCEIBEEE. Lat. [from trans, 
 over or across, and scribere, to write.] To 
 write over ; to copy ; to transcribe.. 
 
 In the civil law. To transfer ; to trans- 
 fer one's rights to another. Oalv. Lex. 
 
 TRANSCEIPT. L. Fr. and Eng. [L. 
 Fr. transescrit, from Lat. transcriptum, 
 q. v.] In practice. A copy, particularly of 
 a record. This has always been the im- 
 port of the word, it rarely or never being 
 applied to copies of other writings. Et le 
 transcript de eel enroulement soit delivere al 
 visconte ; and the transcript of this enrol- 
 ment shall be delivered to the sheriff. Britt. 
 c. 2. Le transcript del Jin. Yearb. M. 9 
 Edw. III. 2. 
 
 TRANSCEIPTUM. Lat. Tnoldprac- 
 tice. A transcript. Beg. Orig. 169. See 
 Fleta, lib. 3, c. 14, § 2. 
 
 To TEANSFEE. [from Lat. transferre, 
 q. v.] To carry or pass over ; to pass a 
 thing over to another ; to convey. Usually 
 applied to the acts of persons, but expres- 
 sive also of the act or operation of the 
 law. 
 
 TEANSFEE. [Lat. translaiio.] The 
 passing of a thing or property from one 
 persffn to another; alienation; convey- 
 ance. 2 Bl. Com. 294. 
 
 TRANSFEERE. Lat. [from trans, over 
 
TEA 
 
 (541) 
 
 TEA 
 
 or across, and /erre, to bring.] In tie 
 civil and old English law. To bring over 
 or across ; to bring or carry from one place 
 or person to another ; to transfer. Dig. 
 50. 17. 11. 
 
 According to Lord Coke, this is a more 
 general -word than alienare, (q. v.) 2 Inst. 
 406. Transferuntur dominia sine titulo et 
 traditione, per usucapionem, soil, per Ion- 
 gam, continuam, et paoificam possessionem ; 
 properties are transferred without title and 
 delivery, by usucapion, that is to say, by 
 long, continued and peaceable possession. 
 Co. Liu. 113. 
 
 TRANSFRETAEE. L. Lat. [from 
 trans, across, and fretum, a strait.] In old 
 English law. To cross a strait, or the 
 strait. Particularly applied to the Straits 
 of Dover. Beg. Orig. 193 b. Fleta, lib. 
 4, c. 5, I 17. Licentia transfretandi ; 
 liberty to cross the strait. Jieg. Orig. 
 193 b. 
 
 TRANSFRETATIO. Lat. [tiomtrans- 
 freiare, q. v.] In old English law. A 
 crossing of the Strait (of Dover;) a pass- 
 ing or sailing over from England to France. 
 The royal passages or voyages to Gasoony, 
 Brittany and other parts of France, were so 
 called ; and time was sometimes computed 
 from them. Stat, of Merton, c. 8. Stat, 
 of Marlbridge, c. 9. Fleta, lib. 2, c. 66, § 1. 
 
 TRANSGRESSIO. Lat. [from trans- 
 gredi, to pass or step over.] In old Eng- 
 lish law. Transgression ; violation of law, 
 either by going beyond measure, {exeedendo 
 modum et mensuram,) or doing less than 
 one ought, (vel faciendo citra dehitum,) 
 out of malice and fraud, or by negligence 
 and omission. Bract, fol. 101 b. Trans- 
 gressio est cum modus non servatur nee 
 mensura ; transgression (or trespass) is 
 when neither moderation nor measure is 
 observed. Fleta, lib. 2, c. 1, § 4. 
 
 Trespass. Brevia de transgressione ; 
 writs of trespass. Reg. Or-ig. 92, et seq. 
 
 TRANSIGERE. Lkt. [from trans, 
 across or through, and agere, to drive.] 
 Literally, to drive through. To press to a 
 conclusion ; to dispatch or bring to an end. 
 
 In the civU law. To terminate a contro- 
 versy ; to end or settle a matter in litiga- 
 tion. Properly said of a plaintiff who 
 withdrew or discontinued his action, upon 
 a settlement with the defendant ; and was 
 thus said ab actione transire, to pass from 
 or relinquish his action. Calv. Lex. 
 
 TEANSIEE. Lat. [from trans, across 
 or over, and ire, to go.] To go, or pass 
 
 over ; to pass from one thing, person or 
 place to another ; to become changed from 
 one thing into another. 
 
 Transit in rem jndicatam. It passes into 
 a matter adjudged ; it becomes converted 
 into a res judicata or judgment. A con- 
 tract upon which a judgment is obtained is 
 said to pass in rem judicatam. Story, J. 
 2 Sumnerh R. 436. Lord Kenyon, 1 
 East, 436. Lord Ellenborough, C. J. 3 
 East, 251. Spencer, C. J. 18 Johns. 
 R. 480. When a cause of action has 
 once passed in rem judicatam, the de- 
 fendant and every other person is forever 
 afterwards precluded from availing himself 
 of any pre-existing matter, which might 
 have been insisted upon in bar of the re- 
 covery. Van Ness, J. 14 Johns. R. 442. 
 This phrase occurs in the old statute of 
 Articuli Ckri. Si aliqua causa vel nego- 
 iium, cujus cogniiio spectat ad forum eccle- 
 siasticum, et coram ecclesiastico judice fu- 
 erit sententialiter terminatum, et transierit 
 in rem judicatam, nee per appellationem 
 fuerit suspensum, &c. ; if any cause or 
 matter, the cognizance whereof belongs 
 to the ecclesiastical court, and which shall 
 have been terminated by sentence before 
 the ecclesiastical judge, and shall have pass- 
 ed into a matter adjudged, and not been 
 suspended by appeal, &c. Artie. Cleri, 
 0. 6. Bracton (who is followed by Fleta,) 
 applies it to a judgment which becomes 
 absolute or final from lapse of time. Post 
 longum intervallum tiSinsit judicium in aw- 
 toritatem rei judicatse. Bract, fol. 288. 
 Fleta, lib. 5, c. 21, § 15. 
 
 Transit terra cum onere. The land passes 
 with the burden ; the land passes with the 
 incumbrance attached to it. Where land 
 passes from one person to another, the 
 covenants created by the original deed of 
 conveyance pass along with it, and bind the 
 present owner or occupier. Co. Litt. 231a. 
 Shep. Touch. 11 8. Applied to the obli- 
 gation of covenants running with land. 
 Broom's Max. 204, 313, [372, 553 1 
 
 TRANSIRE. L. Lat. In old English 
 law. The name given to a custom-house 
 warrant or let-pass, [permit.] Stat. 14 
 Car. II. ell. Cowell. See JIale de Jur. 
 Mar. pars 2, {deport, mar.) c. 11 
 
 TRANSITOEY. [from Lat. transitorius 
 from transire, to pass over.] Passing from 
 place to place; that may pass or be 
 changed from one place to another ; not 
 confined to one place ; the opposite of local 
 A transitory action is one that may be 
 
TEA 
 
 (542) 
 
 TEA 
 
 brougit, or in whioli the venue may be 
 laid in any county. Steph. PI. 289. 1 
 TidcCs Pr. 427. 
 
 TRANSITURA. L. Lat. In old Eu- 
 ropean law. A tribute paid for the liberty 
 of passage. Capit. Carol, lib. 4, c. 59. 
 
 TRANSITTJS. Lat. [from transire, to 
 pass over.] Passage from one place to 
 another; transit. In transitu; on the 
 passage, transit or way. 2 Kenis Com. 
 543. "The transitus of the goods, and 
 consequently the right of stoppage, is de- 
 termined by actual delivery to the vendee, 
 or by circumstances ■which are equivalent 
 to actual delivery." Id. ibid. See Stop- 
 page in transitu. 
 
 TRA¥SLADO. Span. A transcript. 
 See Traslado. 
 
 TRANSLATE. In English law. To 
 transfer. Hale^s Anal. sect, xxxiii. 
 
 TRANSLATION, [from Lat. iranslatio, 
 from transferre, to transfer.] Transfer ; a 
 transferring. "Touching acquisition and 
 translation of estates." Hale's Anal. 
 sect, xxxiii. "A translation or transfer 
 of property being thus admitted by law, 
 it became necessary that this transfer 
 should be properly evidenced." 2 £1. Com. 
 294. This word is closely formed from the 
 translatio of the civil law, but is rarely 
 used. 
 
 In ecclesiastical law. The removal of a 
 bishop from one diocese to another. Cow- 
 ell. 1 Wooddes. Leet. 178. 
 
 TRANSPASSARE. L. Lat. In old 
 European law. To pass or go through. 
 L. Alaman. tit. 82. Spelman. 
 
 TRANSPORT. In old New-York law. 
 A conveyance of land. 
 
 TRANSPORTATION, [from Lat. iraw- 
 poriaiio, from transportare, to carry over.] 
 In English criminal law. The sending of 
 a person out of the kingdom, as a punish- 
 ment; the sending a convicted criminal 
 into another country ; banishment or exile. 
 1 Bl. Com. 137. 3 Id. 311. 
 
 Transportation is said by Sir "W. Black- 
 stone to be " a punishment at present un- 
 known to the common law, and wherever 
 it is now inflicted, it is either by the choice 
 of the criminal himself, to escape a capital 
 punishment, or else by the express direc- 
 tion of some modern act of parliament." 
 1 £1. Com. uh. sup. It is said by Mr. Bar- 
 rington to have been first inflicted as a 
 punishment, by statute 39 Eliz. c. 4. Barr. 
 Obs. Stat. 445, note [o]. Dr. Wooddeson 
 observes that the first mention of trans- 
 
 portation eo nomine, is in the statute 18 
 Car. IL c. 3, s. 2. 2 Wooddes. Led. 301. 
 It is now chiefly regulated by statute 5 
 Geo. IV. c. 84. 4 Steph. Com. 444. 
 
 TRANSUMPT. [from Lat. transumptus, 
 from transumere, to take from one to an- 
 other.] In Scotch law. A judicial trans- 
 cript of a writing ; an authorized, authentic 
 copy, as of the evidences of title to land. 
 Transumpts are copies of deeds produced 
 in the action of transumpt, collated and 
 signed by the clerk, and then declared by 
 the court to have the same efiect with an 
 extracted decree. BelPs Diet. 
 
 The name of an action brought for the 
 purpose of obtaining such transcripts or 
 copies. 1 Forbes' Inst, part 4, p. 116. 
 
 M'h.Tsh.QMJ 
 
 TRANSVERSA. L.Lat. In old Eng- 
 lish law. A toll or tribute paid for the 
 liberty of passage. Spelman. 
 
 TRANSVERSAL. Cross ; oblique. 
 Hale's Hist. Com. Law. c. 11. 
 
 TRANSVERSALIS. Lat. [from trans- 
 versus, across.] Cross ; oblique ; trans- 
 verse. See Linea transversalis. 
 
 TRASLADO. Span. In Spanish law. 
 A copy ; a sight. White's New Recop. b. 
 3, tit. 7, c. 3. Id. c. 5, § 2. Id. b. 3, tit. 
 10, c. 1, § 7. 
 
 TRASSANS. L. Lat. [from trassare, q. v.] 
 Drawing ; one who draws. The drawer of a 
 bill of exchange. Heinecc.de Camb. c. 6,§ 4. 
 
 TRASSARE. L. Lat. [from Fr. tracer, 
 to track.] In old Scotch law. To draw ; 
 to pursue by the foot-marks or foot-steps. 
 Nullus perturhet aut impediet canem tras- 
 santem, aufhomines trassantes cum ipso ad 
 sequendum laironem, aut ad capiendum 
 male/adores ; no one shall disturb or hinder 
 a dog drawing, or men drawing with a dog 
 in pursuit of a robber, or for the purpose 
 of taking malefactors. Beg. Maj. lib. 4, c. 
 32. See Bog-draw. 
 
 In modern European law. To draw a 
 bill of exchange. See Trassans, Trassatus. 
 
 TRASSATUS. L. Lat. [from trassare, 
 q. v.] One who is drawn, or drawn upon. 
 The drawee of a bill of exchange. Eeinecc. 
 de Camb. c. 6, §§ 5, 6. 
 
 TRAVAILLER. L. Fr. To vex, harass, 
 trouble, or disturb ; to prosecute. Kelham. 
 
 To TRAVERSE, [from L. Fr. traver- 
 ser, q. v.] In pleading. To deny. Steph. 
 PI. 52. Id. Appendix, Note (25.) To 
 plead " not guilty" to an indictment. 
 
 TRAVERSE. In pleading. Denial. 
 Pleas in bar are either by way of traverse, 
 
TRE 
 
 (643) 
 
 TEE 
 
 or by way of confession and avoidance. 
 Steph. PI. 52. 
 
 A particular form of denial ; otherwise 
 termed a special or formal traverse. Id. 
 153, 165. Id. Appendix, note (25.) 
 
 TRAVERSER. In pleading. One who 
 traverses or denies. A prisoner or party 
 indicted, so called from Ws traversing the 
 indictment. 
 
 TRAVERSER. L. Fr. In old pleading. 
 To traverse ;• to deny. Ou le tenauntpurra 
 traverser, et tendre de averrer par V assise ; 
 ■where the tenant may traverse and offer to 
 verify by the assise. Britt. c. 77. Si la 
 party le traverse et le dedie ; if the party 
 traverse and deny it. Id. c. 86. 
 
 TREASON, [from L. Fr. tresm, from 
 treer, trehir, trahir, to betray ; 0. Sc. tres- 
 sone, tressoun ; L. Lat. proditio.^ In crim- 
 inal law. The offence of attempting to 
 overthrow the government of a state to 
 ■which the offender owes allegiance ; or of 
 betraying the state into the hands of a 
 foreign power. Webster. 
 
 In England, treason is an offence partic- 
 ularly directed against the person of the 
 sovereign, and consists, (1) in compassing 
 or imagining the death of the king or queen, 
 or their eldest son and heir : (2) in violating 
 the king's companion, or the king's eldest 
 daughter unmarried, or the ■wife of the 
 king's eldest son and heir : (3) in levying 
 war against the king in his realm : (4) in 
 adhering to the king's enemies in his realm, 
 giving to them aid and comfort in the realm 
 or elsewhere : and (5) slaying the chancel- 
 lor, treasurer, or the king's justices of the 
 one bench or the other, justices in eyre, or 
 justices of assize, and all other justices as- 
 signed to hear and determine, being in their 
 places doing their offices. 4 Steph. Com. 
 185—193. 4 Bl. Com. 76—84. This 
 definition of treason, or rather this enume- 
 ration of acts of treason, was settled by the 
 statute 25 Edward III. c. 2. 
 
 In the United States, the definition of 
 treason is fixed by the constitution, it being 
 declared to " consist only in levying war 
 against the United States, or in adhering to 
 their enemies, giving them aid and com- 
 fort." Const. IT. S. Art. III. sect. 3. See 
 Story on the Const. (Abr.) §§ 939, 940. 
 The words of this definition are, as Mr. 
 Justice Story observes, copied from the 
 English statute of treason of Edward III. 
 Id. § 942. See supra. And as to the 
 offence of treason in American law, both 
 against the United States, and the several 
 
 states of the Union, see Wharton^s Am. 
 Crim. Law, b. 7, ch. 1, §§ 2715—2777. 
 See United States Digest, Treason. 
 
 TREASURE TROVE. [L: Fr. tresor 
 trouve; L. Fr. thesaurus inventus^ Lite- 
 rally, treasure found. Money or coin, gold, 
 silver, plate or bullion found hidden in the 
 earth or other private place, the owner 
 thereof being unknown. 1 Bl. Com. 295. 
 Finch's Law, b. 2,, c. 17. See Thesaurus. 
 Called in the Saxontimes, fynderinga,{q. v.) 
 
 TREATY. [Lat. foedus.] In interna- 
 tional law. An agreement between two or 
 more independent states. Brande. — An 
 agreement, league, or contract between two 
 or more nations or sovereigns, formally 
 signed by commissioners properly author- 
 ized, and solemnly ratified by the several 
 sovereigns, or the supreme power of each 
 state. Webster. 
 
 A treaty is, in its nature, a contract be- 
 tween two nations ; not a legislative act. 
 It does not generally effect of itself the ob- 
 ject to be accomplished, especially so far 
 as its operation is infra-territorial/ but is 
 carried into execution by the sovereign pow- 
 er of the respective parties to the instru- 
 ment. Marshall, 0. J. 2 PeUrs' i2. 314. 
 
 In the United States, a different princi- 
 ple is established. Our constitution de- 
 clares a treaty to be the law of the land. 
 It is, consequently, to be regarded in courts 
 of justice as equivalent to an act of the 
 legislature, whenever it operates of itself, 
 without the aid of any legislative provision. 
 But when the terrhs of the stipulation im- 
 port a contract, when either of the parties 
 engages to perform a particular act, the 
 treaty addresses itself to the political, not 
 the judicial, department, and the legislature 
 must execute the contract before it can be- 
 come a rule for the court. Id. ibid. 
 
 TREBLE COSTS. In practice. A rate 
 of costs given in certain actions, consist- 
 ing, according to its technical import, of 
 the common costs, half of these, and half 
 of the latter. 2 Tldd's Pr. 988. The 
 word treble, in this application, is not un- 
 derstood in its literal sense of thrice the 
 amount of single costs, but signifies merely 
 the addition together of the three sums 
 fixed as above. Id. ibid. Treble costs 
 have been abolished in England, by stat- 
 ute 5 & 6 Vict. c. 97. 
 
 TREBLE DAMAGES. [L. Lat. dam- 
 num triplum.] In practice. Damages 
 given by statute in certain cases, consist- 
 ing of the single damages found by the 
 
TRE 
 
 (544) 
 
 TRE 
 
 jury, actually tripled in amount. The 
 usual practice lias been for tte jury to find 
 the single amount of the damages, and for 
 the court, on motion, to order that amount 
 to be trebled. 2 Tidd's Pr. 893, 894. 1 
 Burr. Pr. 23'r. 1 Arch. Pr. 222. 
 
 The practice of giving treble damages 
 prevailed among the Bipuarians, from 
 whose code Spelman intimates it may 
 have been originally borrowed, L. Bi- 
 puai: tit. 11, § 3. 
 
 TREBUCHET, Trihuch. [L. Lat. tre- 
 buchetum, terbichetum ; from Celt tre, town, 
 and bucket, bucket.] In old English law. 
 A tumbrel or cucking-stool. (Towell. 4 
 Bl. Com. 169. According to Mr. Barring- 
 ton, the Fr. trebuchet signifies an instru- 
 ment with which gold is weighed. Obs. 
 Stat. 56, note [c] 
 
 TREBTJCHETTJM. L. Lat. A ma- 
 chine anciently used in the siege of towns. 
 Barr. Obs. Stat. 54, note [y.] 
 
 In old English law. The trebuchet, 
 (q. Y.) 
 
 TREE. (Lat. arbor,) distinguished from 
 lignum, (wood.) See Arbor, Lignum. 
 
 TREET. [L. Fr. treyt; Lat. triticum,:] 
 In old English law. Fine wheat. Stat. 
 61 Hen. III. Blount. Britt. c. 40. Fleta, 
 lib. S, c. 9, § 1. 
 
 TRENCHEA, Trenchia. L. Lat. [from 
 Fr. irancher, to cut.,] In old English law. 
 A trench, dike, or channel for water. Meg. 
 Orig. 252 b. Cowell. 
 
 Tres faciunt COllcgiam. Three make a 
 corporation; three members are requisite 
 to constitute a corporation. Big. 50. 16. 
 85. 1 Bl. Com. 469. A rule of the Ro- 
 man law, originating in the opinion of 
 Neratius Priscus, as adopted by Marcellus 
 in the first book of his Digests. 
 
 TRESAEL. L. Fr. A great great 
 grandfather. Britt. c. 119. Otherwise 
 written tresaiel, and tresayle. 3 Bl. Com. 
 186. Litt. sect. 20. 
 
 TRESON. L. Fr. [from treer, to draw.] 
 Treason. Britt. c. 8. 
 
 TRESOR. L. Fr. Treasure. Tresor 
 musce en terre trove; treasure found hid- 
 den in the earth. Britt. c. IV. Tresor 
 musce en terre et trove ; treasure hidden in 
 the earth and found. Id. ibid. 
 
 TRESORER. L. Fr. In old English 
 law. A treasurer. Britt. fol. 2 b. 
 
 TRESORIE. L. Fr. Treasury. Yearb. 
 M. 9 Edw. m. 21. 
 
 TRESPASS. [L. Fr. trespas; L. Lat. 
 transgressioi] In the largest sense. Any 
 
 transgression or offence against the law of 
 nature, of society, or of the country in 
 which we live; whether it relates to a 
 man's person or his property. 3 Bl. Com. 
 165. Any misfeasance, or act of one man, 
 whereby another is injuriously treated or 
 damnified. Id. ibid. — Any transgression 
 of the law under treason, felony, or mis- 
 prision of either. Staundf. PI. Cor. fol. 
 38. Cowell. 
 
 In a stricter sense, — an injury commit- 
 ted by one person upon another, with vio- 
 lence, actual or implied. The law will im- 
 ply violence though none is actually used, 
 where the injury is of a direct and imme- 
 diate kindj and committed on the person, 
 or tangible and corporeal property of an- 
 other. Of actual violence, an assault and 
 battery is an instance; of implied, a peace- 
 able but wrongful entry upon another's 
 land. Steph. PI. I'l. See FineKs Law, 
 b. 3, c. 6. 
 
 In the strictest sense, — an entry on an- 
 other's ground, without a lawful authority, 
 and doing some damage, however incon- 
 siderable, to his real property. 3 Bl. Com. 
 209. 
 
 TRESPASS. [Fr. trespas; Lat. trans- 
 gressio.J In practice. An action which 
 lies to recover damages for some trespass, 
 or injury committed with force either ac- 
 tual or implied, upon the person, or the 
 personal or real property of another. See 
 1 Chitt. PI. 166, 161. 
 
 TRESPASS DE BONIS ASPORTA- 
 TIS. (Trespass for goods carried away.) 
 In practice. The technical name of that 
 species of action of trespass for injuries to 
 personal property, which lies where the in- 
 jury consists in carrying away the goods 
 or property. See 3 Bl. Com. 150, 161. 
 1 Chitt. PI. 171. See Be bonis asportatis. 
 
 TRESPASS QUARE CLAUSUM 
 FREGIT. (Trespass wherefore he broke 
 the close.) In practice. The technical 
 name of that species of the action of tres- 
 pass which lies for unlawfully entering on 
 another's land. 3 Bl. Com. 209. See 
 Quare clausum fregit. 
 
 TRESPASS VI ET ARMIS. (Tres- 
 pass with force and arms.) In practice. 
 The technical name of the action of tres- 
 pass for injuries to the person or property, 
 as distinguished from trespass on the case ; 
 it being the proper remedy whenever the 
 act complained of is directly and immedi- 
 ately injurious, or was done with direct 
 violence, which the law will in such case 
 
TEE 
 
 (545) 
 
 TEI 
 
 imply, whether it was actually used or not. 
 Hence the injury is said to Have been com- 
 mitted <with force and arms. See 3 Bl. 
 Com. 208. 1 Chitt. PL 166. See Vi et 
 armis, Force and arms. 
 
 TRESPASS ON THE CASE. [L. Fr. 
 trespas sur le cos ; L. Lat, transgressio su- 
 per casum.l In practice. The technical 
 name of that species of the action of tres- 
 pass which lies for injuries unaccompanied 
 with /oj'ce, or where the damage sustained 
 is merely consequential. See 3 £1. Oom. 
 122, 209. Sometimes termed case, and so 
 called from the circumstance of the plain- 
 tiflf's case being anciently set forth in the 
 original writ by which it was commenced. 
 Mr. Serjeant Stephen observes that it is 
 not easy to give a short and sufficiently 
 comprehensive definition of the scope of 
 this action. He himself defines it to be 
 an action which " lies where a party sues 
 for damages for any wrong or cause of 
 complaint, to which covenant or trespass 
 will not apply." Steph. PI. 17. For the 
 distinction between trespass and case, see 
 2 Qreenl. JEvid. § 224. 
 
 TRESPASSAUNT. L. Fr. Passing 
 over ; a passer by ; a passenger. A la 
 ndsaunce de mesme le chemyn, a peril de 
 trespassauntz ; to the nuisance of the said 
 road; to the peril of passengers. Britt. 
 c. 29. • 
 
 TRESPASSER. L. Fr. To pass over; 
 to pass by. See Trespassaunt. 
 To pass away ; to die. Kelham. 
 To oftend or transgress ; to trespass. Id. 
 TRESPASSER AB INITIO. A tres- 
 passer from the beginning, or from the first 
 act. A term applied to a person who, after 
 lawfully entering on another's premises, 
 commits some wrongful act, which in law 
 is construed to afiect and have relation 
 back to his first entry, so as to make the 
 whole a trespass. See 3 Bl. Com. 213. 
 3 Steph. Com. 498. BroomCs Max. 140. 
 8 Co. 290, The Six Carpenters^ case. 1 
 Smith's Lead. Cai. 62, 65. 
 
 TRESTORNARE. L. Lat. In old Eng- 
 lish law. To turn aside ; to divert a 
 stream from its course. Aqua trestornata; 
 a stream diverted from its course. Bract. 
 fol. 115, 234 b. De aquis trestornatis. 
 Fleta, lib. 2, c. 52, § 18. 
 
 To turn or alter the course of a road. 
 Cowell. 
 
 TRESTOTJRNER. L. Fr. In old Eng- 
 lish law. To turn aside or divert from its 
 course. Ewe trestoume; a stream divert- 
 VoL. II. 35 
 
 ed from its channel. Britt. c. 61. Finch 
 uses misturn, apparently as a translation 
 of this word. " To reduce a water-course 
 that is misturned." Law, b. 2, c. 2. 
 
 TRESVIRI. Lat. In the Roman law. 
 Officers who had the charge of prisons, 
 and the execution of condemned criminals. 
 Calv. Lex. 
 
 TRET. L. Fr. [from treer, to draw.] 
 A drawing or draught ; the drawing of a 
 net. Britt. c. 12, 103. 
 
 Drawn, as a juror. Yearh. H. 3 Hen. 
 VL 3. 
 
 TRETHINGA. L. Lat. In old Eng- 
 lish law. A trithing; the court of a trith- 
 ing. Mag. Cart. Johan. c. 25. 
 
 TREIJGA, Treuva, Trevia. L. Lat. 
 [from Teut. treue, true or truth.] A sus- 
 pension of arms which occasionally took 
 place in the middle ages, putting a stop to 
 private hostilities. Brande. Spelman. 
 Otherwise called Treuga Dei, the Truce of 
 God, and Pax Dei, the Peace of God. 
 Cowell. 1 Mobertson's Charles V. Appen- 
 dix, Note xxi. 
 
 TREYNE. L. Fr. In old English law. 
 Drawn ; dragged to the scaffold. Treyne 
 et pendu ; drawn and hanged. Britt. c. 23. 
 TREYT. L. Fr. Drawn, or withdrawn, 
 as a juror. Written, also, treat. Cowell. 
 TRIAL, [from L. Fr. trier; L. Lat. tria- 
 tio, q. v.] In a general sense. The formal 
 in^restigation and decision of a matter in 
 issue between parties, before a competent 
 tribunal. Mr. Stephen supposes the word 
 to have originally been used in this sense, 
 without being confined to matters of fact. 
 Steph. PI. Appendix, Note (29.). See 
 Triare. 
 
 In a stricter sense, — the examination 
 before a competent tribunal, according to 
 the laws of the land, of the facts put in 
 issue in a cause, for the purpose of deter- 
 mining such issue. 4 Mason's R. 232. — 
 The finding out, by due examination, the 
 truth of the point in issue, or question be- 
 tween the parties, whereupon judgment 
 may be given. Co. Litt. 124 b. — The ex- 
 amination of the matter of fact in issue in 
 a cause. 3 Bl. Com. 330. Trial has been 
 long used to express the investigation and 
 decision of fact only. Steph. PI. Appen- 
 dix, Note (29.) Mr. Stephen calls it the 
 decision of an issue in fact. Id. 76, 77. 
 
 In the strictest sense, — the examination 
 and decision of an issue in fact, by a, jury, 
 under the supervision of the court. (Ex- 
 actissima litis contestatce, coram judice, per 
 
TRI 
 
 (546) 
 
 TRI 
 
 duodecemvirale sacramenium exagitatio.) 
 Spehnan. 
 
 TRIAL AT BAR. In practice. Atrial 
 whicli takes place before all tlie judges, at 
 the bar of the court in which the action is 
 brought ; a trial before the full court in 
 term.* This mode of trial is allowed only 
 in causes of unusual importance, -which 
 require great examination, and cannot be 
 had without leave of the court. 2 TidoCs 
 Pr. 147, 14:8. 
 
 TRIAL AT NISI PRIITS. In prac- 
 tice. The ordinary kind of trial whict 
 takes place at the sittings, assizes or circuit, 
 before a single judge. 2 Tidd^s Pr. 751, 
 819. See Nisi Prius. 
 
 TRIARE. L. Lat. [from L. Fr. trier, 
 q. v.] In old English law. To try. Braq- 
 ton uses this word in the general sense of 
 determine, making it synonymous with ter- 
 minare. Dictum est superius, in cujus cu- 
 ria actiones criminales debeant terminari, 
 give in comitatu vel extra, sive incuria do- 
 mini regis, vel alibi; nunc autem dicendum, 
 ubi triandse sunt actiones civiles, qua sunt 
 in rem vel in personam. (It has been ex- 
 plained above, in whose court criminal 
 actions ought to be determined, whether 
 in the county court, or out of it, or in the 
 king's court or elswhere ; now we are to 
 consider where civil actions, whether in 
 rem, or in personam, are to be tried.) Bract. 
 fol. 105. 
 
 Triabitur ; shall be tried. Fleta, lib. 4, 
 
 c. 11, § 5. JViaMiMr; are tried. Id.%A. 
 
 TRIATIO. L. Lat. [from triare, to try.] 
 
 In old'English law. Trial. Co. Zi<<. 124 b. 
 
 Spelman. Triatio ibl semper debet fieri, 
 nbi jnratores meliorem possunt liabere no- 
 titiam. Trial ought always to be had where 
 
 the jurors can have the best information. 
 
 V Co. 1, Bulwer's case. 
 
 Triatio bilinguis ; trial by a jury de 
 
 medietate lingum. Molloy de Jur. Mar. 
 
 448. 
 
 TRIBUERE. Lat. In the civil law. To 
 
 give. Calv. Lex. 
 
 To distribute. See Actio tributoria. 
 TRIBUNAL. Lat. In the Roman law. 
 
 An elevated seat occupied by the prastor, 
 
 when he judged, or heard causes in form. 
 
 Originally a kind of stage made of wood in 
 
 the form of a square, and moveable, but 
 
 afterwards built of stone in the form of a 
 
 semi-circle. Adam's Horn. Ant. 132, 133. 
 
 Now used as an English word, in the sense 
 
 of a court or forum. 
 
 TRIBUTE, [from Lat. iributum, from 
 
 tribuere, to give.] A tax ; that which is 
 given by a subject to the sovereign of a 
 country. Used in this sense in the old 
 books. 
 
 A sum of money paid by an inferior sove- 
 reign or state to a superior potentate, to se- 
 cure the friendship or protection of the 
 latter. Brande. A sum paid in acknow- 
 ledgment of dependence or subjection. 
 This is the modern sense of the word. 
 
 TEIBUTUM. Lat. [from tribuere, to 
 give.] In the Roman law. Tribute. I>ig. 
 50. 16. 27. 1. 
 
 TRIDUUM. L. Lat. [from tres, three, 
 and dies, day.] In old English law. The 
 space of three davs. Fleta, lib. 1, c. 31, 
 
 TRIENS. Lat. In the Homan law. A 
 subdivision of the as, containing four uncice ; 
 the proportion of four-twelfths or one-third. 
 Tayl. Civ. Law, 492. 2 Bl. Com. 462, 
 note (ffi.) 
 
 A copper coin of the value of one-third 
 of the as. Brande. 
 
 In feudal law. Dower, or third. 2 Bl. 
 Com. 129. 
 
 TRIGAMUS. L. Lat. [from Gr. r(,iy»po5, 
 from Tfii, three times, and yi^os, marriage.] 
 In old English law. One who has been 
 thrice married ; one who, at different 
 times and successively, has had three 
 wives; atrigamist. 3/ws<. 88. SeeJSi^a- 
 mus. 
 
 TRIGILD. Sax. [from thry, three, and 
 gelde, a payment ; L. Lat. trigeldumi] In 
 Saxon law. A triple gild, geld or pay- 
 ment; three times the value of a thing, 
 paid as a composition or satisfaction. Spel- 
 man, voc. Geldum. 
 
 TRINEPOS. Lat. In the civil law. A 
 great-grandson's or great-grand-daughter's 
 great-grandson. Inst. 8. 6. 4. Fleta, lib. 
 6, c. 2, § 1. 
 
 TRINEPTIS. Lat. In the civil law. 
 A great-grandson's or great-grand-daugh- 
 ter's great-grand-daughter. Inst. 3. 6. 4. 
 
 TRINITY TERM. One of the four 
 terms o^ the English courts of common 
 law, beginning on the twenty-second day 
 of May, and ending on the twelfth of June. 
 3 Steph. Com. 562. 
 
 TRINIUMGELDUM. L. Lat. [Sax. 
 tri-nigon-geld."] In old European law. An 
 extraordinary kind of composition for an 
 offence, consisting of three times nine, or 
 twenty-seven times the single geld or pay- 
 ment. SpelmSan. 
 TRINQDA NECESSITA8. 1. Lat. In 
 
TBI 
 
 (547) 
 
 TEI 
 
 Saxon law. A threefold necessity or bur- 
 den. A term used to denote the three 
 things from contributing to the perform- 
 ance of which no lands were exempted, viz. 
 pontis reparaiio, (the repair of bridges,J 
 arcis construptio, (the building of castles,) 
 et expeditio contra hostem, (miUtary service 
 against an enemy.) 1 jBl. Com. 263, 357. 
 
 TRIORS, Triers. In practice. Per- 
 sons appointed by the court to try chal- 
 lenges of jurors. 1 Burr. Pr. 455. 
 
 TRIPARTITE. [Lat. tripartitus, from 
 ter, three times, and partitus, divided.] In 
 conveyancing. Of three parts ; a term ap- 
 plied to an indenture where the parties to 
 it are arranged in three parts, (a first, sec- 
 ond and third part,) and the indenture 
 itself is executed in three parts. 
 
 TRIPARTITUS. Lat. In the civil 
 law. Consisting of three parts ; threefold. 
 Inst. 1. 1. 4. 
 
 _ TRIPLICACION. L.Fr. In old plead- 
 ing. A rejoinder in pleading; the defend- 
 ant's answer to the plaintiff's replication. 
 Britt. c. 77. 
 
 TRIPLICARE. L. Lat. In old plead- 
 ing. To rejoin ; to answer a plaintiff's re- 
 plication. Cum servus replicaverit contra 
 dominum de manumissione, dominus potest 
 triplicare versus eum, quod manumissio non 
 fuit sufficiens nee perfecta ; where the slave 
 has replied against the lord respecting the 
 manumission, [has pleaded a manumission,} 
 the lord may rejoin against him that the 
 manuinission was not sufficient nor perfect. 
 Bract, fol. 194 b. See Flfla, lib. 5, c. 6, 
 §54. 
 
 TRIPLICATIO. Lat. In the civil law. 
 The answer of a plaintiff (Mtor,) to the re- 
 joinder, (rfztyiZicafe'o,) of a defendant, [reus.) 
 Inst. 4. 14. 2. Corresponding to the SMrj-e- 
 joinder of the common law. See Fleta, 
 lib. 6,0. 36, §11. 
 
 In old pleading. The defendant's an- 
 swer to the plaintiff's replication; a rejoin- 
 der. Ad replicationem sequitur triplicatio, 
 et ad triplicationem quadruplicatio ; after 
 the replication follows the triplication, 
 (rejoinder,) and after the triplication, the 
 quadruplication, (surrejoinder.) Bract, fol. 
 400 b. See Fleta, lib. 6, c. 36, § 10. 
 
 TRIPLICAUNT. L.Fr. In old plead- 
 ing. Rejoining. A quel • le defendaunt 
 purra respondre en triplicaunt ; to which 
 the defendant may answer by way of tripli- 
 cation or rejoinder. Britt. c. 27. 
 
 TRIPLUM. Lat. In the civil law. The 
 triple value of a thing. Aetio in triplum ; 
 
 an action for the triple value. Inst. 4. 6. 
 21, 24. 
 
 TRIPLY. Sc. In Scotch practice. A 
 pleading corresponding with the Lat. tripli- 
 catio, from which the term also was taken. 
 3 How. St. Trials, 478, 637, 638. 
 
 TRISTRIS, Tristis, Tritis. L. Lat. In 
 old forest law. A freedom from the duty 
 of attending the. lord of a forest when en- 
 gaged in the chase. Spelman. 
 
 TRITAVU8. Lat. In the civil law. 
 A great-grandfather's great-grandfather. 
 Inst. 3. 6. 4. Fleta, lib. 6, c. 2, § 1. 
 
 TRITAVIA. L. Lat. In the civil law. 
 A great-grandfather's great-grandmother. 
 Inst. 3. 6. 4. 
 
 TRITHING. Triding. [L. Lat. tri- 
 ihinga, trithingus, tritingum..] In Saxon 
 and old English law. A division of a 
 county, consisting of three hundreds. 1 
 Bl. Com. 116. Spelman. Cowell. Fleta, 
 lib. 2, c. 61, § 23. The third part of a 
 county. Id. 
 
 A court held for a trithing. Id. 
 
 The trithing mentioned in Magna Charta, 
 (c. 36,) seems to have been intended for 
 tithing. 2 Inst. 73. 
 
 TRITHINGREVE. In old English law. 
 An officer who governed a trithing. Fleta, 
 lib, 2, c. 61, § 23. 
 
 TRITINGUM. L. Lat. In old English 
 law. _ A trithing; a division of a county 
 consisting of three or four or more hun- 
 dreds. Fleta, lib. 2, c. 61, § 23. Called, 
 also, tithringum. Id, ibid. 
 
 A court held for such a division of a 
 county. Id. ibid. In Fleta, it is said, that 
 in modern times, hundreds, wapentakes, 
 and trithings are held as one and the same 
 thing. Id. ibid. 
 
 TRIUMVIRI Tresviri. Lat. In the 
 civil law. (Three men.) Subordinate ma- 
 gistrates appointed for various purposes. 
 The triumviri capitales had the charge of 
 prisons and of the execution of criminals. 
 The triumviri monetales had the charge of 
 the mint. The triumviri nocturni had the 
 charge pf the watch and the preventing 
 of fires. Calv.Lex. Adam's Horn. Ant. 158 
 
 TRIVERBIAL DAYS, [from Lat. tria, 
 three, and verba,^ words.] In the civil law. 
 Judicial or juridical days; days allowed to 
 the praetor for deciding causes ; days on 
 which the praetor might speak the three 
 characteristic words of his office, viz. do, 
 dico, addico. Calv. Lex. Otherwise called 
 dies fasti, (q. v.) 3 Bl. Com. 424, and 
 note (w.) See Do, dico, addico. 
 
TEO 
 
 (548) 
 
 TRU 
 
 TR'NS'. A contraction of transgressio. 
 Year Books, passim. 
 
 TRONA. L. Lat. In old English law. 
 A beam for weighing. Fleta, lib. 2, c. 12, 
 §§ 2, 15. 
 
 TRONAGE. [L. Lat. ironagium, from 
 trona, a beam for weighing.] In old Eng- 
 lish law. A custom or toll for the weigh- 
 ing of wool. Cowell. 8 Co. 46 b. Fleta, 
 lib. 4,0. 1, § 16. 
 
 Tronator ; a weigher. Cowell. 
 TROVE. L. Fr. [from trover, q. v.] 
 Found. , De tresor trove, de, wrekes trove ; 
 of treasure found, of wrecks found. Britt. 
 c. 17. De chose perdu et trove sur terre ; 
 of a thing lost, and found upon the earth. 
 Id. ibid. 
 
 TROVER. L. Fr. In old English law. 
 To find. Home que le trovera en terre; 
 the man who shall find in the earth. Britt. 
 0. 11. Trover plegges ; to find pledges. 
 Id. c. 26. Trover suerte de suer ; to find 
 surety to sue ,or prosecute. , Id. ibid. 
 
 TROVER.' In practice. An action 
 which lies to recover the value of a personal 
 chattel, or goods, wrongfully converted by 
 another to his own use. So called from 
 the formal allegation in the declaration, 
 that the defendant found (from trover, to 
 find) the goods in question, being the pro- 
 perty of the plaintiff, and that he converted 
 them to his own use. Hence it is some- 
 times called an action of trover and con- 
 version. 
 
 This action was,, in its original, an action 
 of trespass, on the case, for recovery of 
 damages against such persons as had actu- 
 ally FOUND another's goods, and refused to 
 deliver them on demand. But from the 
 advantages it possessed in certain respects 
 over detinue, it was at length, by a fiction 
 of law, permitted to be brought against any 
 man who had in his possession, by any 
 means whatsoever, the personal goods of 
 another, and sold them or used them with- 
 out the consent of the owner, or refused to 
 deliver them when demanded. 3 Bl. Com. 
 152. The fact oi the finding (though the 
 allegation of it is still retained in the decla- 
 ration) is now wholly immaterial ; the in- 
 jury lying in the conversion. Id. ibid. See 
 Browne on Actions, 424 — 446. 
 
 TROVEURE. L. Fr. [from trover, to 
 find.] In old English law. A thing found, 
 such as treasure, wrecks, waifs, &c. De 
 troveures ; of things found. The title of 
 the seventeenth chapter of Britton. En 
 quel meyns teles troveures sount devenues; 
 
 in what hands such things found have come. 
 Id. ibid. LL. Qui. Cong. 1. 7. 
 
 TROVOUR. L. Fr. [from trover, to 
 find.] In old English law. A finder. Car 
 tresor musce en terre et trove, volons que soit 
 nostre, et si il soit trove en meer, adonques 
 soit il al trovour ; for treasure hidden in 
 the earth and found, we will that it be ours ; 
 and if it be found in the sea, then it shall 
 belong to the finder. Britt. c. 17. 
 
 TROWE, Troye, Truffe. L. Fr. Cor- 
 rupted forms of trove, found. Kelham. 
 
 TROY WEIGHT. [Lat. pondus Tro- 
 /«.] A weight of twelve ounces to the 
 pound, chiefly used in weighing gold, sil- 
 ver, diamonds, and other articles of jewelry. 
 Supposed by some to be so called from 
 Troyes, a city of France ; but by others to 
 have reference to the monkish name an- 
 ciently given to London, of Troy Novant, 
 founded on the legend of Brute. Its mean- 
 ing, according to this derivation, is London 
 weight, and it is considered to have been 
 the original weight of the kingdom of Eng- 
 land. Brande's Diet. voce. Troy weight, 
 Weight. 
 
 TRUCE. [L. Lat. treuga ; Lat. indu- 
 ctcB.] In international law. A suspension 
 or temporary cessation of hostilities between 
 belligerent powers ; an armistice. Whea- 
 tons Intern. Law, 442, [470.] A truce does 
 not terminate the war, but it is one of the 
 commercia belli which suspends its opera- 
 tions. 1 Rent's Com. 169. Vattel, b. 3, 
 c. 16. 
 
 The word truce seems to be immediately 
 derived from the L, Lat. treuga, which, ac- 
 cording_ to Snelman, . properly denoted a 
 suspension of hostilities in the private wars 
 of the middle ages ; [poA^tio de pace pro tem- 
 pore conservanda, proprie inter privatos ho- 
 mines qui capitales olim sectarentur inimi- 
 citias.) The civilians niade a distinction 
 between inducice and treuga, explaining the 
 former to mean a suspension of arms for a 
 moderate interval, the latter for a longer 
 period. Calv. Lex. 
 
 TRUCE OF GOD. [L. Lat. treuga 
 Dei.'j A suspension of arms which occa- 
 sionally took place in the middle ages, put- 
 ting a stop to private hostilities. So called 
 because promulgated under the authority 
 of the church.' See Treuga Dei. 
 
 *^* This kind of truce was frequently 
 promulgated during the middle ages, for 
 the purpose of restraining the hostilities in 
 which the inferior feudatories of the several 
 monarchies of Europe were constantly en- 
 
TRU 
 
 (549) 
 
 TRU 
 
 gaged. Thus, in the county of Roussillon, 
 A. D. 1027, it was deternjined in a synod 
 of the clergy, that no man should attack his 
 enemy from the hour of nones on Satur- 
 day, to the hour of prime on Monday. In 
 1041, a general truce of G-od was accepted 
 by the barons, first of Aquitaine, and then 
 of all Franco, to last from the Wednesday 
 evening of every week to the Monday 
 morning following. This regulation was 
 admitted by Edward the Confessor in Eng- 
 land, in 1042, with some additions of great 
 festivals and other days. It was confirmed 
 by many councils, especially the Lateran 
 council of 1179. The observance of it 
 was sworn by knights, burgesses, and peas- 
 ants of the age of fourteen and upwards, 
 and the penalty of its infringement was ex- 
 communication. Brande. Dr. Robertson 
 supposes the clause in the form of an Eng- 
 lish indictment, which, as an aggravation of 
 the criminal's guilt, mentions his having 
 assaulted a person who was " in the peace 
 of God and of the king," to be borrowed 
 from the Truce or Peace of God and of the 
 king, (Treuga and Pax Dei, and Pax Re- 
 gis.) 1 Rob. Charles V. Appendix, Note xxi. 
 
 TRUE BILL. [L. Lat. billa vera.] In 
 criminal practice. The endorsement made 
 by a grand jury upon a bill of indictment, 
 when they find it sustained by the evidence 
 laid before them, and are satisfied of the 
 truth of the accusation. 4 Bl. Com. 306. 
 
 TRUST. [Lat. fiducia, fides, fidei-com- 
 missum!\ A confidence ; a confidence re- 
 posed in one person for the benefit of an- 
 other ; a confidence so reposed, respecting 
 property. See infra. " What is a trust ? 
 A confidence, for which the party is with- 
 out . remedy, save in a court of equity." 
 Henley, Lord Keeper, in Burgess v. Wheate, 
 1 W. Bl. 180. 
 
 An obligation or duty, arising out of 
 confidence.* An obligation upon a person, 
 arising out of a confidence reposed in him, 
 to apply property faithfully, and according 
 to such confidence. Willis on Trustees, 
 chap. 1, p. 2. Stair's Inst. b. 4, tit. 6, § 2, 
 cited ibid. 
 
 A right or interest, arising out of confi- 
 dence.* An equitable right, title or interest 
 in property, real or personal, distinct from 
 the legal ownership thereof 2 Story's JEq. 
 Jur. 964. An equitable right or interest 
 in property, which another holds in confi- 
 dence, as the legal owner.* Both these 
 definitions are essential to make up the 
 complete idea of the word. 
 
 *^* The radical idea of a trust is confi- 
 dence, and this is the word employed by 
 Lord Coke in his definition of a use, which 
 has been adopted by Mr. Butler and Mr, 
 Lewin, as the best and most exact definition 
 of a trust. Butler's Co. Litt. Note 249, 
 lib. 3. Lewin on Trustees, 15. See infra. 
 The same idea is still more aptly expressed 
 by the Roman term fidei-commissum, which 
 literally means a thing committed to one's 
 faith ; and Justinian explains that it was 
 so called, because it rested upon no obliga- 
 tion of law, {nullo vinculo juris,) but only 
 on the honor of those to whom it was com- 
 mitted, {sed tantum pudore eorum qui roga- 
 bantur, continehantur.) Inst. 2. 23. 1. 
 
 A trust, then, in its simplest elements, 
 is a confidence reposed in one person, who 
 is terkned the trustee, for the benefit of 
 another, who is called the cestui que trust; 
 and it is a confidence respecting property, 
 which is thus held by the former for the 
 benefit of the latter. Out of this confi- 
 dence arise two estates in the property 
 which is the subject of it; a legal estate in 
 the trustee, which consists essentially in 
 obligation ; and an equitable estate in the 
 cestui que trust, which consists in right and 
 beneficial enjoyment. So that a trust em- 
 braces the two ideas of an obligation on 
 the part of one person, and a correspond- 
 ing right on the part of another, which are 
 presented in the definitions above given ; 
 both founded upon, and growing out of 
 the radical idea of confidence, which has 
 been already explained. 
 
 In a trust thus constituted, the legal 
 owner holds the direct and absolute domin- 
 ion over the property, in the vie w of the law ; 
 but the income, profits or benefits thereof 
 in his hands belong wholly, or in part, to 
 others. The legal estate in the property 
 is thus made subservient to certain uses, 
 benefits or charges in favor of others; and 
 these uses, benefits or charges, constitute 
 the <J"MS<« which courts of equity will com- 
 pel the legal owner, as trustee, to perform, 
 in favor of the cestui que trust, or benefi- 
 ciary. 2 Story's Eq. Jur. § 964. 
 
 Mr. Cruise defines a trust or trust estate 
 to be " a right in equity to taie the rents 
 and profits of lands whereof the legal estate 
 is vested in some other person ; to compel 
 the person thus seised of the legal estate, 
 who is called the trustee, to execute such 
 conveyances of the land as the person en- 
 titled to the profits, who is called the cestui 
 que trust, shall direct, and to defend the 
 
TRU 
 
 (550) 
 
 TRtr 
 
 title to the land." In the mean time, the 
 cestui que trust, when in possession, is con- 
 sidered, in a court of law, as tenant at will 
 to the trastee. Cruise's Die/, tit. xii. ch. 1, 
 sec. 3. Chancellor Kent expresses the 
 same idea, in more comprehensive terms : 
 "A trust, in the general and enlarged 
 sense, is a right on the part of the cestvi 
 que trust to receive the profits, and to dis- 
 pose of the lands in equity." 4 Kents 
 Com. 304. 
 
 Lord Coke's definition of a use,' which 
 has been already alluded to, may now be 
 given. " A use is a trust or confidence re- 
 posed in some other, which is not issuing 
 out of the land, but as a thing collateral, 
 annexed in privity to the estate of the land, 
 and to the person touching the land ; scili- 
 cet, that cestui que use shall take the profit, 
 and that the terre-tenant shall make an es- 
 tate, according to his direction." Co. Litt. 
 272 b. Mr. Butler calls this "the best de- 
 finition of a trust in equity." Butler's Co. 
 Litt. Note 249, lib. 3. ..Mr. Lewin ex- 
 pressly adopts it as the definition of a trust, 
 (though he modifies the latter part of it,) 
 and comments on its difierent claiiSBS in 
 detail. Lewin on Trustees, 15. The lan- 
 guage of the definition savours of the tech- 
 nical and antiquated learning of the times, 
 and requires some such commentary as that 
 of Mr. Lewin to understand it fully ; but it 
 is valuable as prominently presenting the 
 radical idea of a confidence, which is either 
 omitted, or indirectly alluded to, in most of 
 the standard definitions. As to the learn- 
 ing of trusts in general, see 2 Story's Eq. 
 Jur. 960—982. 4 Kent's Com. 301—313. 
 1 Greenleafs Cruise's Digest, tit. xii. 1 
 Hilliard's Real Prop. 297 — 348. United 
 States Digest, Uses and Trusts. . 
 
 As to the original meaning of uses and 
 trusts, Mr. Stephen has very properly re- 
 marked, that " the books are rather vague, 
 and not alvrays correct in their account." 
 Blackstoue says, that " uses and trusts were 
 in their original of a nature very similar, 
 or rather exactly the same." 2 Bl. Com. 
 327. Mr. Cruise also remarks, that "the 
 words use and trust were perfectly synony- 
 mous." Cruise's Dig. tit. xii. ch. 1, sect. 2. 
 There can be no doubt, however, that there 
 might be "trusts" which involved no 
 " uses," in the proper meaning of that 
 term. Thus, Lord Bacon expressly distin- 
 guishes a " use" from a "special" or " tran- 
 sitory trust." Bac. Read. Uses. Again, it 
 is clear that a " trust" was referable ra- 
 
 ther to the person in whom the confidence 
 was reposed; "use" to the person for 
 whose benefit it was reposed. Thus, it is 
 said by Lord Chief Baron Gilbert, " If the 
 use be not a thing annexed, to the land, it 
 will be asked of me, what it is; to which I 
 answer, that a use is an equitable right to 
 have the profit of lands, the legal estate 
 whereof is in the feoffee, according to the 
 trust and confidence reposed in him." Gilb. 
 Us. (by Sugden,) 374. And again. Lord 
 Bacon remarks : " For a trust which is the 
 way to a use, it is exceedingly well defined 
 bj a civilian of great understanding. Fides 
 est ohligatio conscientice unius ad inientionem 
 alierius." Bac. Read. Uses. 1 Steph.'Com. 
 329, note (d.) Mr. Stephen observes, that 
 uses and trusts were in their origin closely 
 united, hut not identical. A trust was the 
 confidence reposed by one man in another, 
 when he invested him with the nominal 
 ownership of property, to be dealt with 
 in some particular manner, or held for 
 some particular person or purpose pointed 
 out. If the trust was Of a certain descrip- 
 tion, viz. to hold land for the benefit of 
 another person, generally, and to let him 
 receive the profits, the sort of interest or 
 right which consequently attached to the 
 latter person was called a use, to distin- 
 guish it from the nominal ownership or 
 estate of the trustee. 1 Steph. Com. 328, 
 329. 
 
 The idea of a trust in the law of England 
 was no doubt originally taken from the 
 fidei-commissum (q. v.) of the Roman law ; 
 the word itself is of Teutonic origin, and 
 may be traced back to the usages of the an- 
 cient Germans. See Trustis. 
 
 TRUSTEE. One who is entrusted with 
 property for the benefit of another. One 
 to whom property is conveyed, or by 
 whom it is held, or required to be held, 
 for the benefit of another. 
 
 One who has the legal estate in lands or 
 other property, as distinguished frona the 
 cestui que trust, or person beneficially in- 
 terested. The correlative term truster, 
 though used in Scotch law, and in itself 
 very significant and convenient, has not 
 been adopted in England, and is rarely 
 used in the United States. See 9 Ire- 
 dell's Law R. 191. 
 
 TRUSTEE PROCESS. The name 
 given, in the New England states, to the 
 process of foreign attachment, or garnish- 
 ment, (q. V.) The strict trustee process 
 extends to the goods, efi'ects and credits of 
 
TUA 
 
 (561) 
 
 TUM 
 
 the principal debtor in the hands of his 
 agent, trustee or debtor, and who, as trus- 
 tee, is summoned to appear and answer. 
 It does not extend to the real estate in the 
 hands of the trustee. Cushing on Trustee 
 Process, 4 — 16. 2 Kents Com. 403, note. 
 Brake on Attachment, § 451. See United 
 States Digest, Trustee process. 
 
 TRUSTER. In Scotch law. The ma- 
 ker or creator of a trust. 7 BelFs Ap- 
 peal Cases, 297. ' 
 
 TRU8TIS. L. Lat. In old European 
 law. Trust; faith; confidence; fidelity. 
 Si quis eum occiderit qui in truste dominica 
 est ; if any one slay him who is in his lord's 
 trust, [bound in fealty to his lord.] L. 
 Salic, tit. 45, § 4. Si quis eum occiderit 
 qui in truste regis est ; if any one slay him 
 who is in the king's trust, [who has sworn 
 fealty to the king.] L. Ripuar. tit. 11. 
 Spelman. Esprit des Lois, liv. 30, c. 16, 
 22. 
 
 The vernacular word expressed in these 
 early codes by the barbarous Latin trustis, 
 was no doubt the same in form with the 
 modern English trust, and as the quota- 
 tions show, of very similar meaning. It 
 was the root of the word antrusiio, which 
 denoted a faithful or trusty follower. See 
 Antrusiio. 
 
 TRY. [L. Lat. ii-iare, q. v.] In prac- 
 tice. To examine or investigate judicially ; 
 to examine by means of judicial evidence; 
 to inquire into and test the truth of allega- 
 tions of fact, by means of judicial evidence 
 adduced for the purpose. The proper func- 
 tion of a court and jury, in cases of issues 
 of fact. 
 
 Trial is properly the joint act of judge, 
 jury and counsel ; the counsel presenting 
 the allegations and the evidence, and the 
 judge and jury hearing and weighing them. 
 Hence counsel are frequently said to try 
 the causes in which they are engaged. 
 
 The term try is also applied, in criminal 
 cases, to persons, as subjects of judicial ac- 
 tion. Courts are said to " try prisoners " 
 charged with crimes. 1 W. Bl. 683. 
 
 TIT, semper ora, tu protege, tuque labora. 
 
 Do thou always pray, do thou protect, 
 and do thou labour. An ancient verse 
 quoted by Lord Bacon, as comprehending 
 the three English tenures of frankalmoign, 
 knight's service, and socage. Arg. in Low's 
 case, Works, \Y. 235. 
 
 TUAS RES TIBI HABETO. Lat. 
 Have (or take) your things to yourself. 
 
 The form of words by which, according to 
 the old Roman law, a man divorced his 
 wife. Dig. 24. 2, 21. Otherwise express- 
 ed, TUAS BE8 TIBI AGiTo. Id. See Tayl. 
 Civ. Law, 363. 
 
 TUBUS, (dimin. TUBULUS.) Lat. In 
 the civil law. A pipe by which smoke 
 was conveyed beyond a wall. Calv. Lex. 
 
 A pipe for conveying water. Id. 
 
 TUCHAS. Span. In Spanish law. 
 Objections or exceptions to witnesses. 
 WhiU^s New Becop. b. 3, tit. 7, c. 10. 
 
 TUER. L.Fr. To kill, or slay. Tue ; 
 slain. L. Fr. Did. Rompur' le lees dc 
 tuer' la daim.'; broke the leash and killed 
 the doe. Tearb. M. 18 Hen. VL 6, 
 
 Tuerie ; slaughter. Kelham. 
 
 TUERL Lat. In the civil law. To 
 protect ; to take care of ; to preserve. 
 Calv. Lex. 
 
 To be protected. Id. 
 
 TUERTO. Span, [from Lat. tortum:\ 
 In Spanish law. Tort. Las Partidas, 
 part 7, tit. 6, 1. 5. 
 
 TUGURIUM. Lat. [from tectum, a 
 covering.] In the civil law. A hut or 
 cot ; a small rude building for sheltering 
 cattle. Calv. Lex. 
 
 A rude or rustic dwelling. Dig. 50. 16. 
 180. A small country house ; a cottage. 
 Calv. Lex. 
 
 TUICION. L. Fr. [from Lat. tuitio.-\ 
 Protection. M prient tuicion del esglise ; 
 and pray protection of the church. Britt. 
 c. 16. 
 
 TUITIO. Lat. [from tueri, to protect.] 
 In the civil law. Protection; defence. 
 Spiegelius. 
 
 TUITISCUS, Theutiscus, Theotiscus. 
 L. Lat. [from Sax. theod, people.] In old 
 European law. Of the people, or native 
 population; the language of a country. 
 Tuitisce ; in the vernacular. Spelman, 
 voc. Suonpouch. 
 
 TULIT. Lat. [from ferre, to bring.] 
 In old practice. Erought Tulit breve de 
 recto; brought a writ of right. Tearb 
 M. 1 Edw. IL 1. 
 
 TULLIANUM. Lat. In the Roman 
 law. That part of a prison which was un- 
 der ground. Supposed to be so called from 
 Servius Tullius, who built that part of the 
 first prison in Rome. Adam's Rom. Ant 
 290. 
 
 TUMBRELL. [L. Fr. tumberell ; L. 
 Lat. tumbrellum, timbrellum, tymboralel 
 In old English law. The ancient name of 
 the castigatory, or trebuchet, (qq. v.) An 
 
TUR 
 
 (552 ) 
 
 TUR 
 
 engine for the correction or punishment of 
 scolds and unquiet women. Lamb. Eire- 
 narch. lib. 1, c. 12. It was used, however, 
 for other purposes, also, and ranked with 
 the pillory and other infamous punishments 
 of the times. Bracton speaks of the poe- 
 na pilloralis et tymhoralis as causing both 
 suflfering and disgrace. Bract, fol. 104 b. 
 Britton and Fleta associate the gallows, pil- 
 lory and tumbrell together. Britl. c. 20. 
 Fleta, lib. 2, c. 12, §§ 18, 29. The pillory 
 and tumbrell are mentioned in similar con- 
 nection in an old manuscript of the laws, 
 statutes and customs of the borough-town 
 of Montgomery, cited in Gowell. 
 
 TUN. Sax. [L. Lat. tena.] A farm 
 or town, [prcedium, villa.) A common 
 termination in the names of towns in Eng- 
 land, now written ton. Spelman distin- 
 guishes this from ham, a similar termina- 
 tion, by the circumstance that tun properly 
 signified a rural estate, {villa rustica,) an4 
 ham, a chief house or mansion, (answering 
 to the villa urbana of the Romans ;) the 
 former, in other words, signifying the tene- 
 mental lands of a lordship ; the latter, the 
 lord's manor house and demesnes. 
 
 TUNC. Lat. Then. The correlative 
 of nunc, (now.) Dyer, 18 a. 
 
 TUNGINUS. L. Lat. In old Euro- 
 pean law. A judge who ranked next to 
 the count, (comes.) Answering, as Spelman 
 supposes, to the theffn or thanus of the old 
 Anglo-Saxon laws. Tunginus vel centena- 
 rius mallum judicent ; the thane or cen- 
 tenary shall hold a court. L. Salic, tit. 
 48, § 1. Si quis de parentela toller e se 
 voluerit, in mallo ante tunginum aut cenie- 
 narium amhulet, et ihi quatuor fustes alvi- 
 nos super caput suumfranget, &c. ; if any 
 one desires to remove or relieve himself 
 from parentage, he shall appear in court 
 before the thane or centenary, and there 
 break four alder staves over his head, &c. 
 Id. tit. 63. 
 
 TUNGREVE. Sax. [from tun, town, 
 and greve, gerefa, reeve; L. Lat. tungre- 
 vius."] In Saxon law. The reeve or chief offi- 
 cer of a town ; a town-reeve. Spelman, 
 voce. Tungrevius, Leda. 
 
 TURBA. Lat. [from Gr. fiopD/Seiv, to be 
 in disorder.] In the civil law. A multi- 
 tude, a crowd or mob ; a tumultuous assem- 
 bly of persons. Said to consist of ten or 
 fifteen, at the least. Dig. 4:1. 8. 4. 2, 3. 
 Calv. Lex. Hotoman. Prateus. Spiege- 
 
 fuRBA. L. Lat. [0. ¥t. tourbe.] In 
 
 old European law. A number of old men 
 to whom judges in the middle ages were 
 sometimes obliged to refer dubious cases, 
 that they might inform them what was the 
 practice or custom with regard to the point 
 to be determined. Dr. Robertson mentions 
 this as a mode of judicial determination 
 established in the middle ages, which 
 afibrds the clearest proof that judges, 
 while they had no other rule to direct their 
 decrees but unwritten and traditionary 
 customs, were often at a loss how to find 
 out the facts and principles, according to 
 which they were bound to decide. It was 
 called Miquestepar tourbe. 1 Hob. Charles 
 V. Appendix, No. xxv. Ducange, voc. 
 Turba. 
 
 TURBA, Turbus. L. Lat. [from Sax. 
 tyrb, a turf, or piece cut out of the ground.] 
 In old English law. A turf or sod, (ccbs- 
 pes ;) a cut of earth, {terricidium.) Spel- 
 man. Two kinds of turba are mentioned 
 by Spelman ; one cut or sliced from the 
 surface of the ground ; the other dug out 
 of it : both being used for fuel. See Tur- 
 baria. 
 
 TURBARE. Lat. In the civil law. To 
 disturb ; to confound ; to mix together. 
 Calv. Lex. 
 
 TURBARE. L. Lat. In old English 
 law. To cut or dig turf. Spelman, voc. 
 Twba. 
 
 TURBARIA. L. Lat, In old English 
 law. The soil or ground from which turf 
 is dug ; a turbary or turfery. Fleta, lib. 
 2, c. 41, § 2. Cum duo vel plures teneant 
 boscum, turbariam, piscariam, vel alia 
 hujusmodi in communi absque hoc quod 
 aliquis sciat suum separale ; when two or 
 more hold a wood, a turbary, a fishery, 
 or other such thing in common, without 
 this that any one knows [without any 
 one's knowing] his several. Stat. Westm. 
 2, c. 22. John de Gray, Bishop of Nor- 
 wich, granted the monks of that church the 
 liberty of digging turves in his turbaries, 
 (ut/odiant turbas in turbariis ejus,) for the 
 necessary uses of their house at Elmham, 
 without waste of the turbary, (sine wasto 
 turbarii) and without any sale of the 
 turves. Segistr. Fccles. Norwic. cited in 
 Cornell. 
 
 TURBARY. [L. Lat. turbaria, from 
 turba, a turf.] In English law. A right 
 or liberty of digging turf. A right to dig 
 turves on another man's ground. Kitchin, 
 fol. 94. Cowell. See Common of Tur- 
 bary, Turbaria. 
 
TUR 
 
 (553) 
 
 TUT 
 
 The ground where turves are dug. 
 Cowell. 
 TURN. See Tourn. 
 TURNPIKE ROADS are distinguished 
 from highways in general, by the manner 
 in which the expense attending their main- 
 tenance is defrayed, viz. by tolls collected 
 from passengers. 3 Steph. Com. 259. A 
 turnpike road, however, is regarded, in 
 law, as a public highway, established by 
 public authority for public use, and is to 
 be regarded as a public easement, and not 
 as private property. Shaw, C. J. 16 Pick. 
 R. 177. 
 
 TURNUS. L. Lat. In old Ebglish 
 law. The turn ; the sheriff's court, so 
 called. See Tourn. Nee aliquis vicecomes 
 vel hallivus faciat turnum suum per hun- 
 dredum, nisi Ms in anno, et non nisi in loco 
 debito et consueio, videlicet, semel post 
 Pascham, et iterum post festum Sancti 
 Michaelis; nor shall any sheriff or bailiff 
 make his turn through the hundred, unless 
 twice in a year, and not unless in the due 
 and accustomed place, to wit, once after 
 Easter, and again after the feast of St. 
 Michael. Mag. Cart. 9 Hen. III. c. 42. 
 Fleta, lib. 2, c. 52, §§ 1, 2, Item pertinet 
 ad vicecomitem visus franciplegii in turnis 
 suis duobus, singulis annis, per hundreda 
 [e<] wapentakya faxiendis, et ideo qualiter 
 debent fieri turni videndum est; the view 
 of frank-pledge also belongs to the sheriff 
 in making his two turns every year through 
 the hundreds and wapentakes, and there- 
 fore it is to be seen how the turns are to 
 be made. Bract, fol. 155. 
 
 TURPIS. Lat. In the civil law. Base; 
 mean ; vile ; disgraceful ; infamous ; un- 
 lawful. Applied both to things and per- 
 sons. Calv. Lex. 
 
 Turpis arbiter; a bribed or corrupted 
 judge. Id. 
 
 Turpis persona; an infamous person. 
 Id. 
 
 Turpe judicium ; a sentence of infamy. 
 Id. 
 
 Turpe lucrum ; unlawful gain. Id. 
 
 Turpis est pars quae non convenit [con- 
 grnit] cum SUO toto. The part which does 
 not agree with its whole, is of mean ac- 
 count, [entitled to small or no considera- 
 tion.] Plowd. 101. Shep. Touch. 87. 
 Bacon's Works, iv. 269. 
 
 TURPIS CAUSA. Lat. A base or im- 
 moral consideration; an iniquitous, or un- 
 lawful consideration. Ex tuppi causa non ori- 
 tur actio. Out of an immoral consideration 
 
 no action arises. Broom's Max. 350. " No 
 court will lend its aid to a man who founds 
 his cause of action upon an immoral or an 
 illegal act. If, from the plaintiff's own 
 stating or otherwise, the cause of action 
 appear to arise ex turpi causA, or the trans- 
 gression of a positive law of this country, 
 there the court says he has no right to be 
 assisted." Lord Mansfield, C. J. Cowp. 
 343. 
 
 TURPIS CONTRACTUS. Lat. An 
 immoral or iniquitous contract. Ex turpi 
 contractu actio non oritur. Out of an im- 
 moral contract no action arises. 2 Rents 
 Com. 466. It is a general rule that an 
 agreement cannot be made the subject of 
 an action, if it can be impeached on the 
 grounds of dishonesty or as being opposed 
 to public policy, — if it be either contra 
 bonos mores, or forbidden by the law. 
 Lord Kenyon, C. J. 6 Term B. 16. " The 
 reason why the common law says such 
 contracts are void, is for the public good : 
 you shall not stipulate for iniquity. All 
 writers upon our law agree in this, — no 
 polluted hand shall touch the pure foun- 
 tains of justice." Wilmot, C. J. 2 Wils. 
 341, 350. 
 
 TURPITUDO. Lat. [from turpis, q. v.] 
 Baseness ; infamy ; immorality ; turpitude. 
 Nemo allegans suam turpitudinem est audien- 
 dns, (q. V.) No one alleging his own base- 
 ness or infamy, is to be heard ; no man is 
 allowed to say in court, that he has done 
 an infamous act. Calv. Lex. 
 
 TURRIS. Lat. In old English law. 
 A tower ; the tower ; the Tower of Lon- 
 don. Fleta, lib. 6, c. 11, §§ 6, 7. 
 
 TUS. L. Fr. AU ; a corruption of touts. 
 Tus jours; forever. Kelham. 
 
 TUT. L. Fr. All; a corruption of 
 tout. Tut le reaume; the whole king- 
 dom. Kelham. 
 
 TUTELA. Lat. [from tueri, to protect 
 or guard.] In the civil law. Tutelage; 
 that species of guardianship which con- 
 tinued to the age of puberty ; the guardian 
 being called tutor, and the ward, pupillus. 
 1 Bomat, Civ. Law, b. 2, tit. 1, p. 260. A 
 guardianship of the person. Calv. Le-x. 
 Est autem tutela [ut Servius definivit,) vis 
 ac potestas in capiie libero, ad tuendum eum 
 qui per cetatem se defendere nequit, jure 
 civili data ac permissa ; tutelage, (as Ser- 
 vius has defined it,) is an- authority and 
 power given, and permitted by the civil 
 law over a free person, [or person sui juris'] 
 for the purpose of protecting him who, by 
 
TUT 
 
 (554) 
 
 TWE 
 
 reason of his [tender] age, is unable to 
 protect himself. Inst. 1. 13. 1. This is 
 taken, with some variation, from the defi- 
 nition of Paulus in the Digests. Dig, 26. 
 1. 1, pr. Impuheres autem in tutela esse, 
 naturali juri conveniens est ; ut is qui per- 
 fectce cetatis non sit, alterius tutela, rcffUtur ; 
 that persons under puberty should be in, 
 [or under] tutelage, is agreeable to the law 
 of nature, [which dictates] that one who 
 is not of perfect age should be under the 
 government and "protection of another. 
 Inst. 1. 21. 6. Pupilli pupillceque, cum 
 puberes esse cceperint a tutela liberantur ; 
 pupils [wards,] both male and female, 
 when they arrive at puberty, are freed 
 from tutelage. Id. 1. 22, pr. 
 _ TUTELA I.EGITIMA. Lat. In the 
 civil law. Legal tutelage; tutelage cre- 
 ated by act of law, as where none had 
 been created by testament. Inst. 1. 15, pr. 
 This resembles the modern appointment 
 of guardian by the court of chancery. 
 Cooper's Notes, *446, 447. Hallifax, 
 Anal. b. 1, c. 9, num. 6. 
 
 TUTELA TESTAMENTARIA. Lat. 
 In the civil law. Testamentary tutelage 
 or guardianship ; that Mnd of tutelage 
 which was created by will. Big. 26. 2. 
 Calv. Lex. Hatlifax, Anal. b. 1, c. 9, 
 num. 3, 4. Inst. 1. 13. 3. Id. 1. 14. 
 
 TUTELA ACTIO. Lat. In the civil 
 law. An action of tutelage; an action 
 which lay for a ward or pupil, (pupillus,) 
 on the termination of tutelage, against the 
 tutor or guardian, to compel an account. 
 Inst. 1. 21. 7. Dig. 27. 3, 4. Calv. Lex. 
 Enumerated by Bracton and Fleta, among 
 actions ex quasi contract-d. Bract, fol. 
 100 b. Fleta, lib. 2, c. 60, § 1. 
 
 TUTELAM EEDDERE. Lat. In the 
 civil law. To render an account of tute- 
 lage, (tutelm rationes reddere.) Calv. Lex. 
 Tutelam reposcere ; to demand an account 
 of tutela^'e. Id. 
 
 Tutius erratur ex parte mitiori. It is 
 safer to ert on the milder side. Branch! s 
 Pr. 3 Inst. 220. 
 
 Tutius sempei est errare acqnietando, qnam 
 in paniendo ; ex patte misericordiie quam ex 
 parte jnstitiffi. It is always safer to err in 
 acquitting than in punishing ; — on the side 
 of mercy, than on the side of justice. 
 Branch's Pr. 2 Hale's P. C. 290. 
 
 TUTOR. Lat. [from tueri, to protect.] 
 In the civil law. A guardian who had the 
 charge of persons under the age of puber- 
 ty, and who had also the care of their 
 
 affairs. Inst. 1. 13. 1. Id. 1. 20. 7. See 
 Tutela. Tutores autem sunt qui earn vim 
 ac potestatem habent, [i. e. vim ac potesta- 
 tem in capite libera, ad tuendum eum qui 
 per cetatem se defendere nequit, jure civili 
 data ac permissa;'\ exque ipsa re nomen 
 acceperunt. Itaque appellantur tutores, 
 quasi tuitores ac defensores. (Tutors are 
 those who have such power and authority, 
 [i. e. a power and authority given by law 
 over a free person, for the purpose of pro- 
 tecting him who, by reason of Ms age, 
 cannot protect himself;] and they have 
 taken their namefrom that same circum- 
 stance. Accordingly they are called tutores 
 [tutors,] being, as it were, tuitores [pro- 
 tectors, from tueri, to protect,] and defend- 
 ers,) Inst. 1. 13. 2. This definition is 
 taken, with sopie variatious, from that of 
 Paulus in the Digests. Dig. 26. 1. 1. 1. 
 
 In old English law. A guardian. Brac- 
 ton uses tutor and curator indifierently, 
 without observing the distinction made 
 bBtween these terms by the civil law ; and 
 custos is einployed in the same sense. 
 Bract, fol. 28, 28 b. So tutrix and cura- 
 trix. Id. ibid. 
 
 In Scotch law, tutor is used in the sense 
 of the civil law, as distinguished from 
 curator. Ersh. Pr. b. 1, tit. 7. BelVs 
 Diet. And the same distinction \tuteur 
 and curateur) is adopted in the Civil Code 
 of Louisiana, Art. 263. 
 
 TUTRIX. Lat. In old English law. 
 A female tutor or guardian. Bract, fol. 
 28 b. 
 
 TUZ. L. Fr. 'All; a corruption of 
 touts. Tub ceuz; all those. Kelham. 
 Encontre tuz iceaus; against all those. 
 Artie, sup. Cart. 
 
 TWA NIGHT GEST. Sax. On the 
 second night, a guest. According to the 
 laws of Edward the Confessor, a person 
 who was entertained in the house of an- 
 other, was called and to be considered, on 
 the second night of his entertainment, a 
 guest. LL. Edvi. Conf. c. 17. Spelman, 
 voc. Homehyne. Expressed in the Latin 
 of Bracton, secunda node, gust. Bract. 
 fol. 124 b. In the French of Britton, 
 V autre nuyt geste. Britt. c. 12. Bracton 
 speaks of this regulation as an ancient 
 custom, 
 
 TWAITE. In old English law. A 
 wood grubbed up, and turned to arable 
 land. Co. Litt. 4 b. 
 
 TWELFHENDE, Twelfhind, Twelf- 
 hundemen. Sax. [from twelf, twelve, and 
 
tr 
 
 (555 ) 
 
 UBI 
 
 hynd, hund, a " hundred ; L, Lai twelf- 
 hindi.] The hijghest order of persons un- 
 der the Saxon government, who were val- 
 ued or rated at twelve hundred shillings. 
 Cowell. 
 
 TWELVE-MONTH, in the singular 
 number, includes all the year ; but tij)elve 
 months are to be computed according to 
 twenty-eight days for every month. 6 
 Co. 62. 8e& Month. 
 
 TWELVE TABLES. [Lat. Leges Duo- 
 decim Tabularum.'] A celebrated body of 
 Eoman laws, framed by decemvirs appoint- 
 ed A. U. C. 303, on the return of three 
 deputies or commissioners who had been 
 sent to Greece to examine into foreign laws 
 and institutions. They consisted partly of 
 laws transcribed from the institutions of 
 other nations, partly of such as were altered 
 and accommodated to the manners of the 
 Romans, partly of new provisions, and 
 mainly, perhaps, of laws and usages under 
 their ancient kings. 1 Kent's Com. 521. 
 This code has been preserved to modern 
 times, only in fragments, which have been 
 collected and edited by Grothofred, Gravina 
 and other writers. See 1 JTent's Com.. 
 521 — 525, note, where a valuable sum- 
 mary of it is given. 
 
 TWICE IN JEOPARDY. See Once 
 in jeopardy. 1 Kent's Com. 611, note, 
 (Yth ed.) Wharton's Am, Crim. Law, 
 § 573, et seq. 
 
 TWIGILD. Sax. [from twy, two, and 
 gild, or geld, a payment.] In Saxon law. 
 A double payment, or composition for one 
 offence. Spelman. 
 
 TYHTLAN. Sax. In Saxon law. An 
 accusation, impeachment or charge of any 
 offence. Nee componat aliquis pro ulla 
 tyhtlan, si non intersif testimonium prcepo- 
 siti regis ; nor shall anyone compound for 
 any accusation, unless there be present evi- 
 dence on behalf of the Mng. LL. Ethelr. 
 c. 2. Cowell. 
 
 TYLWITH. Brit, [from ^yZe, the site 
 of a house, or tylath, a beam in a building.] 
 A tribe or family branching or issuing out 
 of another. Cowell. 
 
 TYMBORALE. L. Lat. In old Eng- 
 lish law. Thetumbrell. ^raci. fol. 104 b. 
 See Tumbrell. 
 
 U. L. Fr. Or. LL. Qui. Cmq. 1. 6. 
 U. R. An abbreviation of Uti rogas, 
 (q. V.) 
 
 UBERRIMA FIDES. Lat. The most 
 abundant or abounding good faith. An 
 expressive phrase of the Roman law, fre- 
 quently used in the modern boots. 1 
 Story's Eq. Jar. § 317. "The law re- 
 quires uberrima fides in the formation of 
 the contract" [of insurance.] 3 Kent'^ 
 Com. 283. Marine insurance is emphati- 
 cally a contract — uberrimcs fidei, of the 
 most abounding good faitL 2 Duer on 
 Ins. 380. 
 
 TJBI. Lat. Where, {in quo loco.) An 
 adverb of place. Calv. Lex. 
 
 Where, in the sense of when, {quando ;) 
 expressive of circumstance. See the max- 
 ims infra. 
 
 Ubi aliquid conceditur, conceditur et id sine 
 quo res ipsa esse non potest. Where any 
 thing is granted, that also is granted with- 
 out which the thing cannot exist. Broom's 
 Max. [364] 
 
 Ubi aliquid impeditur propter nnnm, eo 
 renloto, toUitur impcdimcntum. Where any 
 thing is impeded by one single cause, if 
 that be removed, the impediment is re- 
 moved. Branch's Pr. citing 5 Co. 11 a, 
 Pagei's case. This maxim in the passage 
 referred to reads, Cum allquid, &c. 
 
 Ubi ccssat remedium ordinarinm, ibi de- 
 curritur ad cxtraordinariDin, Where the 
 ordinary remedy fails, recourse must be 
 had to an extraordinary one. 4 Co. 92 b, 
 Blade's case. 
 
 Ubi eadem ratio, ibi idem jns. Where the 
 
 reason is the same, there the law is the same. 
 7 Co. 1 8 b, Calvin's case. Like reason doth 
 make like law. Co. Litt. 10 a. Broom's 
 Max. 64, [114, 115.] Where the reason 
 of a rule established in one case is found to 
 apply to another case, the same rule will be 
 established in the latter. See Id. 65, 66. 
 The older and fuller form of this maxim 
 was, Ubi eadem est ratio, ibi idem jns erit. 
 Fleta, lib. 3, c. 16, § 34. Another form 
 was, Ubi eadem ratio, ibi idem jns esse debet. 
 Where the same reason is, there the same 
 law ought to be. Yearb. M. 19 Hen. VI. 
 38. 
 
 Ubi cnlpa est, ibi poena snbesse debet, 
 
 Where the crime is committed, there ought 
 the punishment to be undergone. Jenk. 
 Cent. 325. 
 
 Ubi damna dantnr, victus victori in ex- 
 pensis condemnari debet, Where damages 
 
 are given, the vanquished party ought to be 
 condemned in costs to the victor. 2 Inst. 
 289. 
 
 Ubi factum nullum, ibi fortia nulla. 
 
TJBI 
 
 (556) 
 
 TJBI 
 
 Where there is no fact, there can be no 
 force ; where there is no principal fact or 
 act done, there can be no accessory act. 
 4 Go. 42 b, Syer's case. The significance 
 of this maxim turns upon the technical 
 meaning of the ytov As factum axiA. fortia in 
 the old law. See Factum, Fortia. The 
 maxim itself appears to have been taken 
 from Bracton. Ubi factum, ihi poterit esse 
 forcia quandoque, sed nunquam forcia sine 
 facto. Bract, fol. 128. In Branch's Prin- 
 cipia, fortia has been converted into sortia, 
 and the maxim translated, " Where there is 
 no deed committed, there can be no conse- 
 quences;" and the error and translation 
 have both been followed in Wharton's 
 Lexicon. 
 
 Ubi jus, ibi remedinm. Where there is 
 a right, there is a remedy; where the law 
 gives a right, it gives a remedy for the re- 
 covery of such right.* Broom^s Max. 91, 
 [146.] There is no wrong without a 
 remedy. Id, ibid. If a man has a right, 
 he must have a means to vindicate and 
 maintain it, and a remedy, if he is injured 
 in the exercise and enjoyment of it; and 
 indeed it is a vain thing to imagine aright 
 without a remedy, for want of right and 
 want of remedy are reciprocal. Holt, C. 
 J. 2 Ld. Baym. 953. If the law confer a 
 right, it will also confer a remedy. Lord 
 Kenyon, C. J. 1 Fast, 220. This maxim 
 has been considered so valuable, that it 
 gave occasion for the first invention of that 
 form of action called an action on the case. 
 Broom's Max. ub. sup. 
 
 Ubi lex aliquem cogit ostendere cansam, 
 necesse est quod causa sit justa et legitima, 
 Where the law compels a man to show 
 cause, it is necessary that the cause be just 
 and lawful. 2 Inst. 289. 
 
 Ubi lex est specialis, et ratio ejus gene- 
 ral! s; generaliter accipienda est. Where 
 
 a law is special, But the reason of it gene- 
 ral, it is to be taken generally. 2 Inst. 
 43. 
 
 Ubi lex non distinguit, nee nos distinguere 
 
 debemus. Where the law does not distin- 
 guish, neither ought we to distinguish. 7 
 Co. 5 b, Calvin's case. Holt, C. J. 12 
 Mod. 293. 
 
 Ubi major pars est, ibi totum. Where 
 the greater part is, there the whole is. 
 Moor, 578. Ubi major pavs, ibi tola. In 
 corporations, the majority governs. 10 
 Mod. 75. 
 
 Ubi non est directa lex, standum est ar- 
 bitrio judicls, vel procedendum ad similia. 
 
 Where there is no positive law, [applicable 
 to a case,] it must rest in the discretion of 
 the judge, or it must be determined by the 
 principles of similar cases. Fllesm. Postn. 
 41. Branch's Pr. 
 
 Ubi non est condendi anctoiitas, ibi non 
 est parendi necessitas. Where there is no 
 authority for establishing a rule, there is 
 no necessity of obeying it. Davies' R. 
 69. 
 
 Ubi non est lex, ibi non est transgressio, 
 
 poad mnndum. Where there is no law, 
 there is no transgression, as far as relates 
 to the world. 4 Co. 16 b. This seems 
 to be an application of the text, Romans, 
 iv. 15. 
 
 Ubi non est principalis, non potest esse 
 
 accessorins. Where there is no principal 
 there can be no accessory. 4 Co. 43 b, 
 Syer's case. 
 
 Ubi nulla est conjectnra qua; dncat alio, 
 verba intelligenda sunt ex proprietate non 
 grammatica, sed populari ex nsu. Where 
 
 there is nothing to call for a difierent con- 
 struction, [the] words [of an instrument] 
 are to be understood, not according to 
 their strict grammatical meaning, but ac- 
 cording to their popular and ordinary sense. 
 Groiius de Jure Belli ac Pads, lib. 2, c. 16, 
 § 2. Mr. Duer observes, in reference to this 
 maxim, that the term conjecturu. is constant- 
 ly used by Grotius, as denoting the collec- 
 tion of the intent by other means than the 
 sole explanation of the words. That is, it 
 denotes constrvx^tion, as distinguished from 
 mere interpretation. 1 Duer on Ins. 215. 
 The words of Grotius are. Si nulla sit con- 
 jectura qum ducat alio, verba intelligenda 
 sunt ex proprietate, non grammatica qum 
 est ex origine, sed populari ex usu. 
 
 Ubi nullum matrimoninm, ibi nulla dos. 
 
 Where there is no marriasre, there is no 
 dower. Brad. fol. 92. i'Bl. Com. 130. 
 The converse rule is also given by Bracton : 
 Ubi matrimoninm, ibi dos. Where there 
 is marriage, there is dower. Id. ibid. In 
 Branch's Principia, this maxim is errone- 
 ously and ungrammatically made to read 
 nullum dos, and the error has been copied 
 by several authors who have cited it. The 
 maxim seems to have been borrowed 
 (though with a different sense attached to 
 the word dos,) from that of tlie civil law : 
 Ubicunqne matrimonii nomen non est, nee dos 
 
 est. Big. 23. 3. 3. 
 
 Ubi pngnantla inter ss in testamento jube- 
 rentur, neutrum ratum est. Where repug- 
 nant or inconsistent directions are con- 
 
ULN 
 
 (557) 
 
 IJLT 
 
 tained in a will, "neither is valid. Dig. 50. 
 11. 188, pr. 
 
 Ubi quid generaliter conccditnr, inest hcec 
 exceptio, si non aliquid sit contra jus fasque. 
 
 Wiiere a thing is granted generally, this 
 exception is always implied, that there be 
 nothing contrary to law and right. Branches 
 Pr. 
 
 Ubi quis delinquit, ibi pnnietur. Where 
 a man offends, there he shall be punished. 
 6 Co. 47 b, DowdaWs case. In cases of 
 felony, the trial shall be always by the 
 common law in the same place where the 
 offence was, and shall not be supposed in 
 any other place. Id. ibid. 
 
 UBI REVERA. Lat. Where in reali- 
 ty; where in truth, or in point of fact. 
 Cro. Eliz. 645. Cro. Jac. 4. 
 
 Ilbi rerba conjuncta non sunt, snfficit al- 
 terutrum esse factum. Where words are 
 not conjoined [used conjunctively] it is 
 sufficient that either one [of the things 
 expressed] be done. Dig. 50. 17. 110. 3. 
 
 UBICUNQUE FUERIMUS IN AN- 
 GLIA. L. Lat. Wheresoever we shall be 
 in England. The style of the return of 
 writs in the court of King's or Queen's 
 Bench ; it being in theory a moveable 
 court, attendant upon the sovereign's per- 
 son. 3 Bl. Com. 41, 284. See FUta, lib. 
 2, c. 2, § 5. Id. lib. 2, c. 64, § 19. 
 
 Ubicunqne est injuria, ibi damnum sequi- 
 tur. Wherever there is an injury, there a 
 damage results. Branch! s Pr. 
 
 TIDAL. A term mentioned by Blaci- 
 stone, as used in Finland to denote that 
 kind of right in real property which is 
 called in English law, allodial. 2 Bl. Com. 
 45, note (■/.) See Allodium. The term 
 is used in Orkney and Zetland. 1 Forbes^ 
 Inst, part 3, pp. 6, 82. 
 
 UL, Ulle. L. Fr. [from Lat. ullus.'\ 
 Any ; any one. Kelham. 
 
 ULNA. Lat. In old English law. An 
 ell. So generally translated in the books ; 
 but in Dyer it is expressly said that ulna 
 means a yard, and not an ell. Dyer, 303 b. 
 Blackstone observes that the ancient ell 
 answers to the modern yard. 1 Bl. Com. 
 275. Buce ulnas infra listas ; two ells 
 within the lists. Magna Charia, c. 26. 
 The Scotch eln or elne has followed the old 
 Lat. ulna more closely than the English 
 word. See Skene de Verb. Signif. voc. 
 Pariicata. 
 
 ULNA FERREA. L. Lat. In old 
 English law. The iron ell ; the standard 
 ell of iron, kept in the Exchequer for the 
 
 rule of measure. Totam terrain illam quce 
 continet in fronte — in latitudine 44 ulnas, 
 de ulnis ferreis Johannis Regis Anglics, tfcc. ; 
 all that land which contains in front, — in 
 breadth, 44 ells, of the iron ells of John 
 King of England, &c. 2 Mon. Angl. 383. 
 
 ULNAGIUM. L. Lat. [from ulna, q. v.] 
 In old English law. Aulnage, or alnage ; 
 ell or yard measure. Dyer, 303 b. 
 
 ULNARE. L. Lat. [from ulna, q. v.j 
 In old English law. To measure by the 
 ulna or ell; to measure cloth. Si autem 
 filius burgensis, tunc cetatem habere intelli- 
 giiur, cum denarios discrete sciverit nume- 
 rare, et pannos ulnare, et alia negotia simi- 
 lia paterna exercere ; if he be" the son of a 
 burgess, he is considered to be of age, 
 when he knows how to count money cor- 
 rectly, and to measure cloths, and to man- 
 age other like matters of his father's. 
 Bract, fol. 86 b. Fleta, lib. 1, c. 11, § 7. 
 
 Ulnator ; a measurer; an alnager. 
 Dyer, 303 b. 
 
 ULTERIUS CONCILIUM. L. Lat. 
 Further argument. A common term in 
 the older reports. 1 Burr. 1020. 2 Wils. 
 243. 
 
 ULTIMA VOLUNTAS. Lat. In old 
 English law. Last will ; the last will. In 
 tesiamento suo, in ultima voluntate sua ; in 
 his testament, in his last will. Beg. Ofig. 
 244 b. 
 
 Illtima voluntas testatoris est perimplen- 
 da secundum veiam intentionem suam. The 
 
 last will of a testator is to be fulfilled ac- 
 cording to . his true intention. Co. Litt. 
 322 b. Expressed by Littleton, La volunte 
 de devisour, fait pur son testament, serra 
 performe solonque V entent del devisour. 
 Litt. sect. 586. 
 
 ULTIMUM SUPPLICIUM. Lat. The 
 extreme punishment; the extremity of 
 punishment ; the punishment of death. 4 
 Bl.Com.11. Fleta,]ih. 1, c. 21, % 1. A 
 term derived from the civU law. Ultimum 
 suppUcium esse mortem solam interpreta- 
 mur ; we interpret the extreme punish- 
 ment to mean death only. Dig. 48. 19. 
 21. 
 
 ULTIMUM TEMPUS PARIENDL 
 Lat. The extreme period of bearing ; the 
 extreme period between the conception and 
 the birth of a child. 2 Steph. Com, 317 
 
 ULTIMUS H^RES. Lat. In old 
 English law. The last heir. A term ap- 
 plied to the lord to whom an escheat fell ; 
 he being considered as taking by descent 
 in a kind of caducary succession. 2 Bl, 
 
UMP 
 
 (558) 
 
 ¥NA 
 
 Com. 245. Ultimi hmredes aliquorum 
 sunt eorum domini ; the last heirs of some 
 tenants are their lords. Qlanv. lib. 7, c. 17. 
 Spelman. In Scotch law, it is applied to 
 the king. Ersk. Pr. b. 2, tit. 10. 
 
 ULTRA. Lat. [L. Fr. outre, uUre.} 
 Beyond ; the opposite of infra, (q. v.) Talis 
 infirmitas infra annum proprie dicitur lan- 
 guor, si autem ultra annum duraverit, did 
 paterit morbus sonticus ; such an infirmity 
 ■within a year is properly called sickness ; 
 but if it last beyond a year, it maybe called 
 a settled or incurable sickness. Bract, fol. 
 344 b. Remedial statutes are construed 
 liberally, and ultra, but not contra the strict 
 letter. 1 Kents Com.. 465. Dwarris on 
 Statutes, 726. 
 
 ULTRA MARE. L. Lat. [L. Fr. outre 
 meer.'] Beyond sea. One of the old es- 
 soins or excuses for not appearing in court 
 at the return of process. Bract, fol. 338. 
 See Essoin. 
 
 ULTRA VIRES. Lat. Beyond the 
 powers or capacity. " A deed ultra vires 
 is null and void." 1 KameS Equity, 309. 
 See 35 Eng. Law & Eq. B. 13. 
 
 ULTRE. L. Fr. [from Lat. ultra, q. v.] 
 Beyond ; more than ; longer than. LL. 
 Qui. Conq. 1. 46. 
 
 ULTRONEOUS WITNESS. In Scotch 
 law. A volunteer witness ; one who ap- 
 pears to give evidence, without being called 
 upon. 2 Alis. Crim. Pr. 393. 
 
 UM. L. Fr. Man. A corrupted form 
 of hxime. Kelham. See LL. Qui. Conq. 
 1. 41.' 
 
 UMBESETTING. O.Sc. In old Scotch 
 law. Obstructing or besetting. "Umbe- 
 setting of the hie gait ;" obstructing of the 
 highway. 1 Pitc. Cr. Trials, part 1, p. 58. 
 
 UMBILICUS. Lat. Literally, the na- 
 vel ; the centre of any thing. The name 
 given to the fourth and middle part of the 
 Digests, consisting of eight books, from 
 the twentieth to the twenty-seventh, both 
 inclusive. 
 
 UMPIRAGE. Decision by an umpire. 
 ^HaWs Anal. sect, xlvii. 
 
 UMPIRE. A person to whom a matter 
 which has been submitted to arbitrators, is, 
 in case of their disagreement, referred for 
 final decision.* The umpire is sometimes 
 named in the submission ; but more gene- 
 rally, the submission merely provides that 
 he shall be appointed by the arbitrators. 
 BusselVs ArbHrator, 214. Billing on 
 Awards, 106. 
 
 Umpire is supposed to be derived from 
 
 the Lat. impar, uneven or. odd. It is, how- 
 ever, also expressed in Latin, imperator, 
 with which the Scotch oversman and French 
 sur-arhitre correspond in signification. 2 
 Kamei Equity, 290. Civ. Code of Louis. 
 Art. 8083. 
 
 UN FOITZ. L. Fr. One time ; once. 
 Tearh. P. 6 Edw. Ill 75. 
 
 Un ne doit prise advantage de son tort 
 
 demesne. One ought not to take advan- 
 tage of his own wrong. 2 And. 38, 40. 
 
 UNA CUM. L. Lat. Together with. 
 Latch. 146. 
 
 UNA CUM OMNIBUS ALUS. Lat. 
 Together with all other things. A phrase 
 in old conveyancing. Hob. 175. 
 
 Una persona Tix potest snpplere vices 
 duarnm. One person can hardly fill the 
 places of two. BraruiKs Pr. citing 7 Co. 
 118 a, Acton! s case. In the passage re- 
 ferred to, the maxim reads, Difficile est Ut 
 
 nnus liomo vicem dnornm snstlneat. It is 
 
 difficult for one man to fill the place, or 
 discharge the duty of two. 
 
 UNA VOCE. Lat. With one voice ; 
 unanimously ; without dissent. " The court, 
 una voce, gave judgment.." Hob. 129. 
 
 UNANIMITER. L. Lat. [from unus, 
 one, and animus, mind.] In old English 
 law. Unanimously ; without dissent. Fleta, 
 Ub. 1, c. 34, § 36. 
 
 UNANIMITY. In practice. The en- 
 tire agreement or concurrence of a petit 
 jury in their verdict ; all the jurors being 
 of one and the same mind. A quality 
 uniformly required in English and Ameri- 
 can practice. 
 
 *^* Anciently, it was not necessary (at 
 least, not in civil causes) that all the twelve 
 should agree ; but, in case of a difference 
 among the jury, the method was to sepa- 
 rate one part from the other, and then to 
 examine each of them as to the reasons of 
 their differing in opinion; and if, after 
 such examination, both sides persisted in 
 their former opinions, the court caused 
 both verdicts to be fully and distinctly re- 
 corded, and then judgment was given ex 
 dido majoris partis juratorum, (according 
 to the verdict of the major part of the 
 jurors.) Thus, in a grand assise upon a 
 writ of right, [in the reign of King Henry 
 III.] between the abbot of Kirkstede and 
 Edmund de Eyncourt, eleven of the jury 
 found for the abbot, and one for Edmund 
 de Eyncourt. In this case, the verdict of 
 the eleven was first recorded. " Robertus 
 de Harblinge et omnes alii prater Badul- 
 
TJNC 
 
 (559) 
 
 TJND 
 
 phum Jtlium Simonis dicunt super sacra- 
 mentum mum" &c. Then follows the 
 dictum of the twelfth : " JUt prmdictus Ra- 
 dulphus filius Simonis dicit super sacra- 
 mentum suum," <fec. Then follows the 
 judgment: " Sed quia prcedicti undecim 
 concorditer etprcecise dicunt quod prmdictus 
 abbas et ecclesia suaprcedicta majusjus ha- 
 heant tenendi, &c. ideo consideraium, est 
 quod prcedictus abbas et successores sui te- 
 neant prcedicta tenementa de ccetero in per- 
 petuum" &c. Plac. Cor. Justic. itiner. in 
 Com. Lincoln, anno. 56 H. III. rot. 29, in 
 dorso. Halis Hist. Com. Law, (Run- 
 nington's ed. 1820,) 349, note. 
 
 In an assise of novel disseisin, in the 
 reign of Edward I. between William Trist- 
 ram, plaintiff, and John Simenel and others 
 defendants, where the whole jury consisted 
 of only eleven, ten found for Tristram and 
 one for Simenel, and both verdicts were 
 recorded in this manner: Decern jurati di- 
 cunt quod," &c. " et undecimus juratorum, 
 scilicet Johannes Kineih, dicit," &c. "-ffi 
 quia dicto majoris paniis juratorum stan- 
 dum est, consideratum est quod prcedictus 
 Willielmus recuperet," &c. (Ten jurors 
 say that, &c. and the eleventh juror, to 
 wit, John Kineth, says, &c. And because 
 the saying of the major part of the jurors 
 should be abided by, it is considered that 
 the aforesaid William recover, (fee.) Pasch. 
 44 Edw. I. rot. 10, coram rege. 
 
 UNARE. L. Lat. [from unus, one.] 
 In old English law. To unite. D7/er, 100. 
 Seipsos unaverunt ; united themselves. 
 Id. ibid. 
 
 UNARE. L. Lat. In old records. To 
 inn ; to get in, or mate up hay fit for car- 
 riage, after mowing. Cartul. S. Edmund. 
 MS. cited in Cowell. 
 
 UNCIA. Lat. In the Roman law. An 
 ounce ; the twelfth of the Roman as, or 
 pound. See As. 
 
 The twelfth part of any thing, as of an 
 inheritance ; the proportion of one-twelfth. 
 Tayl. Civ. Law, 492. 2 Bl. Com. 462, 
 note (m.) See Meta, lib. 6, c. 17, § 1. 
 
 TJNCIA. L. Lat. In old charters of 
 the British tings. A measure of land, the 
 quantity of which is very obscurely ex- 
 plained in the boots. In Cowell, it is said 
 to have consisted of twelve modii, and each 
 modius possibly 100 feet square. 
 
 UNCI A. Lat. In old English lasv. 
 An ounce ; the twelfth part of a pound. 
 Viginti denarii fac^ unciam, et duodecim 
 VLnciiefaciunt libram ; twenty pennies mate 
 
 an ounce, and twelve ounces mate a pound. 
 Fleta, lib. 2, c. 12, § 1. 
 
 UNCIARIUS H^RES. Lat. In the 
 Roman law. An heir to one-twelfth of an 
 estate or inheritance. Calv. Lex. 
 
 UNCORE. L. Fr. Still ; again ; once 
 more. TJncore juffement de breve. Yearb. 
 M. 10 Edw. Ill 15. 
 
 UNCORE PRIST. L. Fr. Still ready. 
 Formal words in the old plea of tender. 
 See Tout temps prist. 
 
 UNCUTH. Sax. [from .«», not, and 
 cuth, tnown.] In Saxon law. Untnown ; 
 a stranger. A person entertained in the 
 house of another was, on the first night of 
 his entertainment, so called. Bract, fol. 
 124 b. 
 
 TJNDE. Lat. Whence ; wherefrom. 
 See infra. 
 
 Whereof. Unde rectatus est ; whereof 
 he is accused. Bot. CI. 3 Edw. I. m. 61. 
 
 Whereupon. JEt \mdi& dicit ; and where- 
 upon he says. Yearb. M. 1 Edw. II. 1. 
 
 UNDE COGNATI. Lat. Li the civil 
 law. A species of the bonorum possessio, 
 (q. V.) granted to cognates, or relations on 
 the part of the mother. Inst. 3. 10. 1, 2. 
 Diff., 38. 8. Heinecc. Mem. Jur. Civ. lib. 
 3, tit. 10, § 724. Hallifax, Anal. b. 2, c. 
 11, num. 5. 
 
 UNDE LEGITIML Lat. In the civil 
 law. A species of the bonorum possessio 
 (q. V.) granted to agnates, or the lawful 
 heirs. Inst. 3. 10. 1, 2. Big. 38. 1. Hein. 
 El. Jur. Civ. lib. 3, tit. 10. § 723. Hallifax, 
 Anal. b. 2, c. 11, num. 5. 
 
 UNDELIBERL Lat. In the civil law. 
 A species of the bonorum possessio, (q. v.) 
 granted to emancipated children, or the 
 proper heirs of the deceased. Hein. El. 
 Jur. Civ. lib. 3, tit. 10, § 722. Hallifax, 
 Anal. b. 2, c. 11, num. 5. Inst. 3. 10. 1, 
 2. Big. 38. 6. 
 
 UNDE NIHIL HABET. L. Lat. 
 (Whereof she hath nothing.) In old Eng- 
 lish law. The name of the writ of dower, 
 which lay for a widow, where no dower at 
 all had been assigned her within the time 
 limited by law. ZBl. Com. 183. F. N. B. 
 147 E. Soscoe's Heal Act. 39. 
 
 UNDE VL Lat. (Wherefrom by force.) 
 In the civil law. The technical name of 
 that species of interdict which, was granted 
 to recover the possession of an immoveable 
 thing wherefrom a person had been ejected 
 by force. Inst. 4. 15. 6. Heinecc. Elem. 
 Jur. Civ. lib. 4, tit. 15, § 1 303. 1 MacJceld 
 Civ. Law, 250, § 253. 
 
IJND 
 
 ( 560 )_ 
 
 tTNF 
 
 TJNDE VIE ET UXOR. Lat. In the 
 civil law. A species of the honorum posses- 
 sio, (q. V.) granted to a husband or wife, 
 and . by which they succeeded each other, 
 on failure of the cognati. Inst. 3. 10. 1, 2, 
 Dig. 38. 11. Hein. Mem. Jur. Civ. lib. 3, 
 tit. 10, § 725. Hall. Anal. b. 2, c. 11, 
 num. 5. 
 
 UNDEFENDED. In pleading. With- 
 out defence, or denial. Where judgment 
 passes by default against a defendant, the 
 language in which the default is recorded 
 is, that the defendant " says nothing in bar 
 or preclusion of the action, whereby the 
 plaintiff remains therein undefended against 
 the said defendant." Arch. Forms, 336. 
 
 UNDERLEASE. In conveyancing. A 
 lease granted by one who is himself alessee 
 for years, for any fewer or less number of 
 years than he himself holds. If a deed 
 passes all the estate or term of the termor, 
 it is an assignment ; but if it be for a less 
 portion of time than the whole term, it is 
 an underlease, and leaves a reversion in the 
 termor. 4 Kenfs Com. 96. 
 
 UNDERLY, Underlie. Sc. In Scotch 
 law. To abide by ; to submit to. To un- 
 derly the law {ad suheundum legem.) 1 
 Pitc. Crim. Trials, part 1, p. 92. See Id. p. 
 22 
 
 UNDER-SHERIFF. [L. Lat. sub-vice- 
 comes ;'L.Yi. south-viscount.'] A person 
 appointed by the sheriff of a county to 
 perform all his ordinary duties in his be- 
 half, and upon whom the whole duties of 
 the ofiBce devolve, in case of a vacancy by 
 death or otherwise, until a new sheriff is 
 chosen. Sometimes confounded with a 
 deputy-sheriff ; but the latter term is pro- 
 perly apphcable to those officers whom the 
 sheriff appoints to execute process in his 
 behalf, and who have no other powers than 
 such as appertain to that particular duty. 
 See 1 Chitt. Bl. Com. 345, note. 
 
 UNDER TENANT. A tenant under 
 one who is himself a tenant; one who 
 holds by underlease, from a lessee. See 
 Underlease. 
 
 UNDERWRITER. In the law of in- 
 surance. An insurer; so called from his 
 underwriting or subscribing the policy. A 
 term constantly applied to insurers, whe- 
 ther they be corporations or individuals, 
 but most properly applicable to the latter. 
 
 In England, marine insurances are most 
 commonly undertaken by private persons, 
 a certain number of whom Usually sub- 
 scribe the policy, each engaging, on his own 
 
 separate account, to indemnify to the ex- 
 tent of a particular sum of money, being a 
 proportion of the whole value of the sub- 
 ject of insurance; and these are called, in 
 reference to the method used of thus sub- 
 scribing their names, underwriters. 2 Steph. 
 Com. 174. The only parties who sign their 
 names at the foot of' the policies, in other 
 words, subscribe them, are the insurers, 
 who are hence called the underwriters^ or 
 subscribers. 1 Arnould on Ins. 37, (38, 
 Perkins' ed.) In policies of insurance ef- 
 fected with private underwriters, where it is 
 not usual for one person to take upon him- 
 self the whole risk of the insurance, each 
 underwriter signs or subscribes the policy, 
 adding on the same line with his name, 
 the sum he intends to insure. The next 
 underwriter to whom the policy is ten- 
 dered, then in like manner writes under 
 the first subscription his name and the 
 sum he means to insure, and the rest fol- 
 low in order, until the aggregate of the 
 separate sums written opposite to the name 
 of each underwriter, or, in technical lan- 
 guage, " till the aggregate of their several 
 subscriptions" amounts to the sum which 
 the party effecting the policy desires to 
 protect by the insurance. Id. ibid. 
 
 In the United States, where insurances 
 are generally made by incorporalied com- 
 panies, the underwritirtg or subscription 
 usually consists of the signature of the pre- 
 sident or vice-president of the company 
 and the sum insured, with the attestation 
 of the secretary. 
 
 UNDIQUE. Lat. On all sides ; from 
 every quarter. Undique collatis memhris ; 
 members being collected from every quar- 
 ter. A phrase applied to a contract com- 
 pounded of different contracts. See 1 Cur- 
 tis R. 350 ; Curtis, J. 
 
 UNDRES. Sax. In old English law. 
 Minors, or persons under age. Ante ceta- 
 tem vero viginti unius annorum, robustos 
 vel habiles ad arma suscipienda pro patricB 
 defensione non reputantur, et ideo undres 
 dicuntur, et sub tutela dominorum interim 
 remanebunt ; before the age of twenty-one 
 years, they are not regarded as able-bodied, 
 or fit to bear arms for the defence of the 
 country, and therefore they are called un- 
 dres, and in the mean time they shall re- 
 main under the protection of their lords. 
 Fleta, lib. 1, c. 9, § 4. Cowell. 
 
 UN-FREE-MAN. Sc. [L. Lat. forensis.] 
 In Scotch law. A stranger. Skene de 
 Verb. Sign. voc. Forensis. 
 
TJNI 
 
 (661) 
 
 UNI 
 
 TJNG. L. Fr. One ; an old form of un. 
 Kelham. 
 
 UNGELD. Sax. [from un, without, 
 and geld, payment.] In Saxon law. One 
 for whom no payment was to be made. A 
 person so far out of the protection of the 
 law, that if he were murdered, no geld or 
 fine should be paid, or composition made 
 by him that killed him. Cowell. 
 
 UNIARE. L. Lat. [from unus, one.] 
 To unite ; , to make one ; to join in a body. 
 Si quando uniantur duo populi, non amit- 
 tentur jura sed communicabuntur ; if at 
 any time two nations become one, their 
 rights will not be lost, but shared between 
 them. Grot, de Jur. Bell. lib. 2, c. 9, 
 §9. 
 
 UNICA TAXATIO. L. Lat. In old 
 practice. A single taxation. The tech- 
 nical name of the award of the venire on 
 the record, where damages on a default or 
 demurrer are to be assessed at the same 
 time with those on an issue ; the language 
 of the record being, that " because it is 
 convenient and necessary that there be but 
 one taxation, (unica taxatio, in the Latin 
 forms,) in the suit, therefore, as well to 
 try the issue as to inquire of the damages," 
 the sheriff is commanded to summon a 
 jury. Arch. Forms, 296. 
 
 IJNICUS. Lat. [from unus, one.] A 
 single one. See Unica taxatio, 
 
 UNIFORMITY OF PROCESS ACT. 
 The English statute of 2 Will. IV. c. 39, 
 establishing a uniform process for the 
 commencement of actions in all the courts 
 of law at Westminster. 3 Steph. Com. 
 566. 
 
 UNILATERAL CONTRACT. [Fr. 
 contrat unilaterale.^ In modern civil law. 
 A contract where the party to whom an 
 engagement is made, makes no express 
 agreement on his part. Civil Code of 
 Louis. Art. 1758. Foih. Obi. part 1, ch. 
 1, sect. 1, art. 2. 
 
 UNIO. Lat. In canon law. A con- 
 solidation of two churches into one. Cow- 
 ell. 
 
 UNIO PROLIUM. _ Lat. In German 
 law. Union of offsprings; a species of 
 adoption by which the children of a for- 
 mer marriage are made equal, in regard to 
 the right of succession, with the children 
 of a second marriage. Heinecc. Elem. 'Jur. 
 Civ. lib. 1, tit. 11, 1 188. Hallifax, Anal. 
 b. 1, c. 8, num. 6. 
 
 UNIT AS. Lat. [from unus, one.] In 
 old English law. Unity ; the uniting or 
 
 Vol. IL 
 
 36 
 
 consolidating of two or more things to- 
 gether. Unitas juris ; unity of right. 
 Bract. foL 76 b. 
 
 UNITY. In the law of estates. The 
 peculiar characteristic of an estate held by 
 several in joint-tenancy ,»and which is four- 
 fold, viz. unity of interest, unity of title, 
 unity of time, and unity of possession. In 
 other words, joint tenants have one and 
 the same interest, accruing by one and the 
 same conveyance ; commencing at one and 
 the same time, and held by one and the 
 same undivided possession. 2 Bl. Com. 
 180. 
 
 UNITY OF INTEREST. One. of the 
 properties of a joint estate ; all the joint- 
 tenants being entitled to one period, of du- 
 ration or quantity of interest in the lands. 
 2 Bl. Com. 181. 
 
 UNITY OF TITLE. One of the essen- 
 tial properties of a joint estate ; the estate 
 of all the tenants being created by one and 
 the same act, whether legal, or illegaL 2 
 Bl. Com. 181. 
 
 UNITY OF TIME. One of the essen- 
 tial properties of a joint estate ; the estates 
 of the tenants being vested at one and the 
 same period. 2 Bl. Com. 181. 
 
 UNITY OF POSSESSION. One of the 
 essential properties of a joint estate, each 
 of the tenants having the entire possession 
 as well of every parcel as of the whole. 2 
 Bl. Com. 182. 
 
 The term unity of possession is defined 
 by Cowell, " the joint possession of two 
 rights by several titles," called, in the civil 
 law, consolidatio. fructus et pi-oprietatis. 
 The example he gives of it is the follow- 
 ing : If I take a lease of land from one 
 upon a certain rent, and afterwards I buy 
 the fee-simple, this is an unity of posses- 
 sion by which the lease is extinguished. 
 
 Uiiius omnino testis responsio non andi- 
 
 atur. The answer of one witness shall not 
 be heard at all ; the testimony of a single 
 witness shall not be admitted under any 
 circumstances. A maxim of the civil and 
 canon law. Cod. 4. 20. 9. Decret. Greg. 
 IX. lib. 2, tit. 20, c. 23. 3 Bl. Com. z1q\ 
 Best on Evid. 426, § 390, and note, 
 
 Ifniuscujusque contractus initium spectais- 
 dum est, et cansa. The commencemeui 
 and cause of every contract are to be re- 
 garded. Dig. 17. 1. 8. Story on Badlm 
 8 56. 
 
 Universalia sunt notiora singnlaribus. 
 
 Universal or general things are more known 
 than particular things. 2 Hoi. M. 294. 
 
TINL 
 
 (562 ) 
 
 TJNQ 
 
 UNIVERSAL LEGACY. [Fr. legs 
 wnivenelJi A testamentary disposition by 
 ■which the testator gives to one or several 
 persons the whole of the property which 
 he leaves at his decease. Civil Code of 
 Louis. Art. 1599. 
 
 UNIVERSAL REPRESENTATION. 
 In Scotch law. A term applied to the 
 representation by an heir, of his ancestor. 
 Beirs Diet. 
 
 UNIVERSITAS. Lat. [from univer- 
 sus, the whole.] In the civil law. A coi^ 
 poration aggregate. Biff. 3. 4. 7. Lite- 
 rally, a whole formed out of many individ- 
 uals. 1 Bl. Com. 469. Si universitas ad 
 imum redit, et stet nomen universitatis ; if 
 the corporation be reduced to one member, 
 yet the name of a corporation will be pre- 
 served. Dig. ub. sup. Universitas vel 
 corporatio non dicitUT aliquid facere, nisi 
 id sit collegialiter deli^eratum, etiam 'si 
 major pars id facial ; a corporation is not 
 said to do any act, unless it have been de- 
 liberated upon in corporate form, even 
 though a majority of the members should 
 do it. Davies' II. 48. 
 
 UNIVERSITAS RERUM. Lat. In the 
 civil law. Literally, a whole of things. 
 Several single things, which, though not 
 mechanically connected with one another, 
 are, when taken together, regarded as a 
 whole in any legal respect, (corpus quod ex 
 M-stantibus constat.) 1 Mackeld. Civ. Law, 
 ttSi, § 149. Inst. 2. 20. 18. ~ 
 
 USTIVERSITAS FACTL Lat. In the 
 .civil law. A plurality of corporeal things 
 of th« isame kind, which are regarded as a 
 whole;; «e. g. a herd of cattle, a stock of 
 goods, il Mackeld. Civ. Law, 154, § 149. 
 Inst. 2. 2!!a. 18. 
 
 UNIVEESITAS JURIS. Lat. In the 
 civil law. A- .quantity of things of all 
 sorts, coi^pareafl, as well as incorporeal, 
 which, taken together, are regarded as a 
 whole ; e. g. ian inheritance, an estate. 1 
 Mackeld. Oiv. Law, 0.54, § 149. 
 
 UNIVERSUS. Lat The whole; all 
 together. Cc(lv. Lex. 
 
 In old English Jaw. The whole; all. 
 Universitatem vestram scire mlumus ; we 
 will that all of you know, iCart. Conf. 
 49 Hen. IIL 
 
 UNKOUTH. Unknown. The L. Fr. 
 iform of the Sax. uncouth, (q. v.) Britt. 
 >C. 12. 
 
 UNLAGE. Sax. [from un, without, and 
 lag, law.] An unjust law. LL. Hen, I. 
 <c. 34, 84. Cowell. 
 
 UNLARICH. In old Scotch law. That 
 which is done without law, or against law. 
 Spelman. 
 
 UNLAW. In Scotch law. An amerce- 
 ment for not appearing in court. Skene 
 de Verb. Signif. voo. Amerciamentum. 2 
 Forbes' Inst. 225. 
 
 UNLAWFUL ASSEMBLY. [L. Lat. 
 illicita congregatio.'l In English criminal 
 law. Any meeting whatsoever of great 
 numbers of people, with such circumstan- 
 ces of terror as cannot but endanger the 
 public peace, and raise fears and jealousies 
 among the subjeets of the realm. 4 Steph. 
 Com. 278. An unlawful assembly is when 
 three or more do assemble themselves to- 
 gether to do an unlawful act, as to puU 
 down Enclosures, <fcc., and part without do- 
 ing it, or making any motion towards it. 
 
 4 JBl. Com. 146. 
 
 In Amerioaii criminal law, any tumultu- 
 ous disturbance of the public peace by 
 three persons or more, having no avowed, 
 ostensible, legal or constitutional object, 
 assembled under such circumstances, and 
 deporting themselves in such a manner as 
 to produce danger to the public peace and 
 tranquillity, and which excites terror, alarm 
 and consternation in the neighborhood, is 
 an unlawful assembly. Wharton's Am. 
 Crim. Law, § 2473. 4 Fenn. Law J. 31. 
 4: C.d; P. 372, cited ibid. 
 
 "UNMARRIED," in a wiU, denotes 
 either never having been married, or not 
 having a husband or wife at the time. 
 The fortner is its ordinary signification, 
 and it has been so construed in several 
 cases, though the effect of such construc- 
 tion was to render it inoperative. 1 Jar- 
 man on Wills, 457, (425, Perkins' ed.) 
 But the sound rule, it is said, in such cases, 
 would seem to be, to construe the expres- 
 sion as used in its less accustomed sense. 
 Id. ibid. 
 
 UNO FLATU. Lat. In one breath. 
 
 5 M. S Gr. 45. "The whole matter be- 
 gins in an instant et quasi uno Jlatu," 3 
 Leon. 12, case 28. Uno Jlatu et uno in- 
 tuitu ; at one breath, and in one view. 3 
 Story's R. 604. 
 
 Uno absurdo dato, infinita seqnnntnr. One 
 
 absurdity being allowed, numbers without 
 end follow. 1 Co. 102. 
 
 UNQUES. L. Fr. Ever; always. Ne 
 unques; never. See iVe unques, &c. 
 
 UNQUES PRIST. L. Fr. Always 
 ready. Cowell. Another form of tout 
 temps prist, (q. v.) 
 
UPS 
 
 (563) 
 
 USA 
 
 UNSOLEMN WAR. War denounced 
 ■without a declaration ; war made not upon 
 general, but special declaration ; imperfect 
 war. Cowen, J. 1 HilPs (N. Y.) R. 409. 
 A war is none the less public or national, 
 because it is unsolemn. Id. ibid. 
 
 UNTHRIFT. A prodigal; a spend- 
 thrift. 1 £1. Com. 306. 
 
 Unumqnodqiie eodem modo quo colligatum 
 est, dissolvitur,"— qno constitnitur, destiaitur, 
 Every thing is [properly] dissolved by the 
 same means by which it is put together, — 
 destroyed by the same means by which 
 it is established. 2 Bol. R. 39. Broom's 
 Max. 417, 414. 
 
 Unnmquodque est id quod est principalius 
 iu ipso. Every thing is [in other words] 
 that which is the more principal thing in 
 it ; the most important constituent of a 
 thing represents, or is the thing itself. 
 Branch's Pr. Hob. 123. 
 
 llnuniquodqne principiornm est sibimetlpsi 
 fides ; et perspicua vera non sunt probanda. 
 
 Every general principle [or maxim of law] 
 is its own pledge or warrant ; and things 
 that are clearly true are not to be proved. 
 Branch. Co. Lift. 11. 
 
 UNWRITTEN LAW. See Lex non 
 scripta. 
 
 UPLANDA. L. Lat. [from Sax. up, 
 above, and land.] In old records. Elevar 
 ted land ; fi/m or dry land ; the opposite 
 of marshy ground. Spelmpm. Ingulph. 
 Hist. Croyl. cited ibid. 
 
 UPLIFTED HAND. In practice. A 
 form in which an oath is sometimes taken ; 
 the right hand being held up while it is 
 administered, instead of being laid upon 
 the gospels. See Depose. It seems to 
 have been, occasionally used in England at 
 an early period. Proesentibus igitur xii. 
 juratoribus, et quatuor villatis, imprimis 
 jurabit quilibet de villata per se, vel omnes 
 simul erectis sursum manibus singulorum, 
 in hcec verba; the twelve jurors then being 
 present, and the four townsmen, in the first 
 place each of the townsmen shall swear by 
 himself, or all of them holding up all their 
 hands together at the same time, in these 
 words. Bract, fol. 143 b. 
 
 UPPER BENCH. The court of King's 
 Bench, so called during the exile of King 
 Charles the Second. 3 Bl. Com. 202, 203. 
 
 UPSUN. In Scotch law. Between 
 the hours of sunrise and sunset. Poind- 
 ing must be executed with upsun ; [i. e. 
 while the sun is up.] 1 Forbes' Inst, part 
 3, p. 32. 
 
 URBAN SERVITUDE. [Lat. servitus 
 prcedii urbani.] In the civil law. A ser- 
 vitude annexed to an urban estate, or prce- 
 dium urbanum, (q. v.) Such as the servi- 
 tude or right of support, of drip, of drain, 
 &c. 3 Kent's Com. 436. 
 
 URBS. Lat. In the civil law. A city. 
 Generally limited to the space within the 
 walls, but in its application to Rome, it in- 
 cluded the suburbs. Urbis appellatio mu- 
 ris, Romse autem continentibus oedificiis 
 finitur, quod latius patet. Dig. 50. 16. 2, 
 pr. See Id. 50. 16. 87. Id. 50. 16. 139, 
 pr. Id. 50. 16. 147. Derived by Pompo- 
 nius, in the Digests, from urbum, the cur- 
 vature or curved mark of a plough, which 
 was used in founding a city. Dig. 50. 16. 
 239. 6. 
 
 URE. L. Fr. andEng. Effect; practice. 
 Mis en ure ; put in practice ; carried into 
 effect. Kelham. Put in ure. 1 Leon. 
 90. Stat. 13 Eliz. c. 5. 
 
 URER. L. Pr. In old English law. 
 To enure. Un releas prendra effect, et 
 urera; a release shall take effect and 
 enure. Litt. sect. 305, 306, 307. 
 
 USA. L. Lat. In old Saxon records. 
 A river or stream. Spelman. 
 
 USAGE, in its broadest sense, includes 
 both custom and prescription, but is ordi- 
 narily applicable to trade ; designating the 
 habits, modes and course of dealing which 
 are generally observed either in any par- 
 ticular branch of trade, or in all mercantile 
 transactions. 2 Qreenl. Evid. § 248. As 
 to the effect of usage in controlling the in- 
 terpretation of a policy, see 1 Duer on 
 Ins. 253 — 31 1. As to its effect in the con- 
 struction of a charter-party, see Abbott on 
 Ship. [274,] 353, et seq. "The office of 
 an usage is strictly one of exposition, and 
 it is allowable to be given in evidence as 
 one means of arriving at the intention of 
 the parties, and can never be received to 
 thwart it when it is clearly and fully ex- 
 pressed." Bennett, J. 26 Vermont R. 136. 
 
 USANCE. Fr. In mercantile law. The 
 common period fixed by the usage or cus- 
 tom or habit of dealing between the coun- 
 try where a bill is drawn, and that where 
 it is payable, for the payment of bills of 
 exchange. Story on Bills, § 50. It means 
 in some countries, a month, in others two 
 or more months, and in others half a 
 month. Id. § 144. See Id. § 332, and 
 note. — A period of so many days or 
 months after the date of a bill of ex- 
 change, according to the custom of differ- 
 
USQ 
 
 (564) 
 
 TJSTJ 
 
 ent places, before tte bill becomes due. 
 McCullocKs Diet. 
 
 USAKE. L. Lai In old European 
 law. To use, or enjoy. Villam ienere ei 
 usare; to hold and use a farm. Chart. 
 Alam. 67. Spelman. 
 
 USE. The profit or benefit of lands or 
 tenements. Shep. Touch. 501. — The right 
 in equity to have the profit or benefit of 
 lands or tenements. Id. (by Preston,) ibid. 
 — The equity and honesty to hold the land 
 in conscientia boni viri. Shep. Touch, ub. 
 sup. — A confidence reposed in another, 
 who was tenant of the land, or terre-ten- 
 ant, that he should dispose of the land 
 according to the intentions of cestuy que 
 use, or him to whose use it was granted, 
 and suffer him to take the profits. As if a 
 feoffment was made to A. and his heirs, to 
 the use of (or in trust for) B, and his 
 heirs; here at the common law, A. the 
 terre-tenant, had the legal property and 
 possession of the land, but B. the cestuy 
 que use, was in conscience and' equity to 
 have the profits and disposal of it. 2 Bl. 
 Com. 328. This definition of Blackstone 
 seems to be merely that of Lord Coke, 
 stated in clearer terms. A trust or confi- 
 dence reposed in some other, which is not 
 issuing oitt of the land, but as a thing col- 
 lateral, annexed in privity to the estate of 
 the land, and to the person touching the 
 land ; scilicet, that cestui que use shall take 
 the profit, and that the terre-tenant shall 
 make an estate according to his direction. 
 Co. Lilt 272 b. These are the definitions 
 of uses as they existed before the Statute 
 of Uses, 27 Hen. VIIL c. 10. As to the 
 nature of uses before and since the statute, 
 see 2 Bl. Com. 327, 337. 1 Steph. Com. 
 328—344. 4 Kent's Com. 288 — 301. 1 
 Qr'eenleafs Cruise's Digest, tit. xi. 
 
 USE. [Lat. usus.'\ In the civil law. 
 The bare use of a thing for necessary pur- 
 poses. See Usus. 
 
 USEE. A person for whose use a suit 
 is brought. A term used in some of the 
 Southern states. 24 Mississippi R. 77. 
 
 USEE DE ACTION. L. Fr. In old 
 practice. The pursuing or bringing an 
 action. Cowell. 
 
 U80. Span, [from Lat. usus, use.] In 
 Spanish law. Usage; that which arises 
 from certain things which men say and do 
 and practice uninterruptedly for a great 
 . length of time without any hindrance 
 whatever. Las Pariidas, part. 1, tit. 2, 1. 1. 
 
 USQUE AD. L. Lat. As far as ; till ; 
 
 until; to; up to. Seel Stra. 179, 181, 
 arg. Construed exclusively. 2 Mod. 280. 
 4 Id. 182. Usque ad filum aquce; as far 
 as the thread of the stream. Bract. foL 
 208 b. 
 
 UST. L. Fr. Had. Ust este; had 
 been. Tearh. M. 8 Edw. III. 2. Ussent; 
 (they) had. Usses, ussomus; should or 
 would have. Id. ibid, 
 
 USUALIS. Lat. In old English law. 
 Usual, ordinary. Usualis annus ; the ordi- 
 nary year, consisting of three hundred and 
 sixty-five days ; called, also, annus minor. 
 Bract, fol. 359 b. 
 
 USUARIUS. Lat. In the civil law. 
 One who had the mere use of a thing be- 
 longing to another, for the purpose of sup- 
 plying his daily wants ; an usuary. Big, 
 7. 8. 10, pr. Galv. Lex. 
 
 USUCAPEEE. Lat. [from usus, use, 
 and capere, to take.j In the civil law. To 
 acquire by use; to make one's own by 
 possession. Dig. 41. 3. Calv. Lex. To 
 gain a title by siich means. 
 
 USUCAPIO. Lat. [from usus, use, and 
 capio, a taking.] In the civil law. The 
 acquisition of property by continued pos- 
 session for a time defined by law; {ad- 
 jectio dominiiper continuationempossessionis 
 temporis lege definiti.) Heinecc. Elem. Jur. 
 Ci^.lib. 2,tit. 6,§438. Dig. 4:1. Z. Com- 
 monly Anglicized, usucapion.- Hallifax, 
 Anal. b. 2, c. 5, num. 2. — The right ac- 
 quired by the long possession of any thing 
 substantial and corporeal, to the exclusion 
 of the real owner. Cooper's Just. Inst. 
 Notes, *472. It was a kind of prescription 
 founded upon the Twelve Tables, and was 
 distinguished from prescription, properly 
 so called, which rested on 'the praetorian 
 law. Usucapion was perfected by one 
 year's possession of a moveable, and two 
 years' of an immoveable chattel ; prescrip- 
 tion required ten years as against parties 
 present, and twenty years as against par- 
 ties absent. Usucapion did not, while pre- 
 scription did take place as to incorporeal 
 hereditaments, as services incident to es- 
 tates. Usucapion transferred the property 
 of the thing itself; prescription operated 
 only in bar of the right of the owner or 
 mortgagor. Id. ibid. These distinctions 
 were abolished by Justinian, and prescrip- 
 tion now comprehends the meaning of both 
 terms. Hallifax, Anal. b. 2, c. 5, num. 3. 
 2 Bl. Com. 264, note (f.) 
 
 USUFRUCT. [Lat. ususfrv.ctus.'\ In 
 the civil law. The right of using and en- 
 
usu 
 
 (665) 
 
 TJSU 
 
 joying the profits of a thing belonging to 
 another, without impairing the substance. 
 Hallifax, Anal. b. 2, c. 3, num. 8. It is 
 distinguished from a use, which is a mere 
 limited right, importing a use for necessary 
 purposes only. Id. num. 11. See Usus, 
 Ususfructus. 
 
 USUFRUCTUARIUS. Lat. [from 
 ususfructus, q. v.] In the civil law. One 
 who had the usufruct of a thing ; an usu- 
 fructuary. Inst. 2. 4. 3. Big. 1. 9. Dis- 
 tinguished from usuarius (one who had a 
 mere use) by the following circumstances : 
 first, he had the full profit or enjoyment of 
 the thing used, whereas the usuarius had 
 it only for the purpose of supplying his 
 daily wants and necessities; secondly, he 
 might transfer his right to another, which 
 the usuariTU could not; and thirdly, he 
 might cultivate the land himself, which the 
 usuarius could not. Calv. Lex. 
 
 U8URA. Lat. [from usus, use; Gr. 
 7-faof, q. v.] In the civil law. Money given 
 for the use of money ; interest. Dig. 50. 
 16. 121. Commonly used in the plural, 
 usurcB. Dig. 22. 1. 
 
 JJsura centesima, usurce centesimoB or 
 usurce asses ; twelve per cent, per annum, 
 or one per cent, monthly. The highest 
 rate of interest allowed before the time of 
 Justinian. 2 Bl. Com. 462, and note {m.) 
 Hallifax, Anal. b. 2, c. 16, num. 6. Calv. 
 Lex. 
 
 Usurce deunces ; eleven per cent. 2 Bl. 
 Com. uh. sup. 
 
 Usurce dextances ; ten per cent. Id. ibid. 
 
 Usurce dodrantes; nine per cent. Id. 
 ibid. 
 
 UsurcB besses ; eight per cent. Id. ibid. 
 
 Usurce septunces ; seven per cent. Id. 
 ibid. 
 
 Usurce semisses ; six per cent. Id. ibid. 
 
 Usurce quincunces ; five per cent. Id. 
 ibid. 
 
 Usurce trienies ; four per cent. This 
 was the rate established by Justinian. Id. 
 ibid. 
 
 Usurce quudrantes ; three per cent. Id. 
 ibid. 
 
 Usurce sextances ; two per cent. Id. 
 ibid. • 
 
 UsurcB uncice ; one per cent. Id. ibid. 
 
 USURA. Lat. In old English law. 
 Interest, or usury, as it was called. Usura 
 dicitur quia datur pro usu seris ; usury is 
 so called because jt is given pro usu ceris, 
 for the use of money. 2 Inst. 89. Usura 
 dicitur ab usu et sere, quasi usuaera, i. e. 
 
 usus ceris ; usura (usury) is derived from 
 usus and cere {cbs,) as it were usuara, i. e. 
 usus ceris ; the use of money. 6 Co. 70 a, 
 Clayton's case. 
 
 Usura est eommodum certum quod prop- 
 ter usum rei mutuatce recipitur. Sed secun- 
 dario spirare de aliqua retributione, ad 
 voluntatem ejus qui mutuatus est, hoc non 
 est vitiosum ; usury is a certain benefit 
 which' is received for the use of a thing 
 lent. But to have an understanding [lite- 
 rally, to breathe or whisper] in an incidental 
 way, about some compensation to be made 
 at the pleasure of the boiTower, is not un- 
 lawful. Branch's Fr. 5 Co. 10 b, Clay- 
 ton's case. Olanv. lib. 1, c. 16. 
 
 USURA MARITIMA. Lat. [Gr. r<«« 
 SaXao-o-roj.] Maritime interest. 2 Bl. Com. 
 468. Otherwise called fmnus nauticum, 
 (q. V.) Dig. procem. {de Conf. Dig.) § 5. 
 
 USUR^. Lat. In old English law. 
 Usury ; interest of money. Provisum est, 
 et A rege concessum, quod usurae non currant 
 contra aliquem infra cetatem existentem, &c. ; 
 it is provided and granted by the king that 
 interest shall not run against any one being 
 within age, &c. Fleta, lib. 2, c. 67, § 8. 
 Stat. Merton, c. 22. 
 
 USURARE. L. Lat. In old English 
 law. To pay interest ; to carry or be 
 chargeable with interest. Artie. Mag. 
 Cart. Johan. c. 34. Fleta, lib. 2, c. 67, 
 
 irSURARIUS. L. Lat. In old Eng- 
 lish law. An usurer. Fleta, lib. 2, c. 62, 
 
 § 14- 
 
 USURPARE. Lat. In the civil law. 
 To interrupt a use, or usucapion ; the op- 
 posite of usucapere, (q. v.) Calv. Lex. 
 
 USURPATIO. Lat. [from usurpare, 
 q. v.] In the civil law. The interruption 
 of a usucapion, by some act on the part of 
 the real owner. Dig. 41. 3. 2. Calv. 
 Lex. 
 
 USURPATION. The exercise or use 
 of an office or franchise, without authority. 
 3 Bl. Com. 262. 
 
 In English ecclesiastical law. The ab- 
 solute ouster or dispossession of the patron 
 of a benefice, which happens when a stran- 
 ger that has no right presents a clerk, who 
 is thereupon admitted and instituted. Co. 
 Litt. 227. 3 Bl. Com. 242. 
 
 USURY, [from Lat. usura, q. v.] In 
 old English law. Interest of money ; in- 
 crease for the loan of money ; a reward for 
 the use of money. 2 Bl. Com. 464. 
 
 In modern law. Unlawful interest; a 
 
usu 
 
 (666) 
 
 UT 
 
 premium or compensation paid or stipulated 
 to be paid for the use of money borrowed 
 or returned, beyond the rate of interest 
 established by law. Webster. — An unlaw- 
 ful contract upon the loan of money, to re- 
 ceive the same again with exorbitant in- 
 crease. 4 £1. Com. 156; The illegal 
 profit which is required and received by 
 the lender of a sum of money, from the 
 borrower, for its use. Bouvier. See United 
 States Digest, Usury. 
 
 TJSUS. Lat. [from ucti, to use.] In 
 the civil law. Use; the use of a thing; 
 the right to the use of a thing. Properly, 
 the use of a thing, as land or a house, for 
 the mere purpose of supplying one's daily 
 wants or necessities, {ad necessitatertt /) as 
 distinguished from ususfructus, which was 
 the larger right of using and enjoying a 
 thing at one's pleasure. The usuarius had 
 the USUI, (bare use,) but not ih&fructus, 
 (enjoyment ;) the usufructuarius had both. 
 Calv. Lex. Heinecc. Elem. Jur. Civ. lib. 
 2, tit. 4, I 415. Minus juris est in \xsa, 
 quam in usufructu ; nam is qui fundi nu- 
 dum habet usum, nihil ulterius habere in- 
 telligitur, quam ut oleribus, pomis, floribus, 
 fceno, stramentis et lignis ad usum quotidia- 
 num utatnr; inque eo fundo hactenus ei 
 morari licet, ut neque domino fundi moles- 
 tus sit, neque iis per quos opera rustica fiunt, 
 impedimenta ; nee ulli alii jus quod habet, 
 aut locare, aut vendere, aut gratis concedere 
 potest; cum is, qui usumfructum habet, 
 possit hcec omnia facere ; there is less of 
 right in a use than in a usufruct ; for he 
 who has the naked use of land, is under- 
 stood to have nothing more than the liber- 
 ty of using so much of the herbs, fruits, 
 flowers, hay, straw and wood, as may be 
 suflScient for his daily wants; and he is 
 permitted to stay [or be eommorant] upon 
 the land, only on condition that he neither 
 becomes troublesome to the owner, nor is a 
 Mndrance to those by whom the labors of 
 husbandry are performed ; nor can he 
 either let, or sell, or gratuitously grant to 
 any other, the right which he has ; whereas 
 he who has the usufruct can do all these 
 things. Inst. 2. 5. 1. See Dig. 1. 8. Id. 
 50. 16. 2031 
 
 USUS. Lat. In old English law. A 
 use. See Use. Usus est dominium fidu- 
 ciarium; a use is a fiduciary ownership. 
 Bacon's Head. Stat. Uses. Usus et sta- 
 tus, sive possessio, potius differunt secundum 
 rationemfori, quam secundum rationem rei ; 
 the use and the estate, or possession, differ 
 
 more in the reason of the law, than in the 
 nature of the thing itself. Id. ibid. 
 
 USUS BELLICI. Lat. In interna- 
 tional law. Warlike uses, or objects. "It 
 is the usus hellici which determine an arti- 
 cle to be contraband." 1 Kents Com. 141. 
 USUSFEUCTUS. Lat. [from usus, 
 use, and fructus, fruit or enjoyment.] In 
 the civil law. The right of using and en- 
 joying the profits of things belonging to 
 another, without impairing the substance of 
 the things themselves ; (^jus alienis rebus 
 utendi fruendi, salva rerum substantia.) 
 Inst. 2. 4, pr. It is a right to a corporeal 
 thing, {est jus in corpore^ which being de- 
 stroyed, the usufruct itself must necessarily 
 be taken away, {quo sublato et ipsum tolli 
 necesse est.) Id. ibid. See Dig. 7. 1. 1, 2, 
 It is a species of personal servitu-de, where 
 the land serves the person. Heinecc. Elem, 
 Jur. Civ. lib. 2, tit. 4, § 414. See Fleta, 
 lib. 4, c. 31, § 1. 
 
 UT. Lat. In the civil law. That. A 
 particle properly expressive of the final 
 cause or object of a thing, {proptium est 
 finalem dicere causam.) Calv. Lex. 
 
 That. A particle expressive of qualifi- 
 cation ; the mark of a modus. Id. As in 
 the four innominate contracts, do xrs des, do 
 UT facias, facio ut des, facio ut facias, 
 (qq. V.) It expresses what in the common 
 law is termed consideration, (q. v.) 
 
 As, {sicut ;) expressive of similitude. 
 Id. 
 
 As, as though, {tanquam.) Id. 
 
 Although, {quamvis.) Id. 
 
 But, {sed.) Id. 
 
 When, {quando.) Id. 
 
 UT. Lat. In old English law. That. 
 A particle, particularly appropriated to 
 express a modus, or qualification, as si was 
 used to express a condition. Bract, fol. 
 18 b. Co. Litt. 204 a. See Scito quod 
 ut, &c. This shows that modus and corir 
 ditio had essentially a different import. 
 The use of ut, in this peculiar application, 
 was taken from the civil law. See supra. 
 
 That ; in order that. Sec Ut res inagis 
 valeat, &c. 
 
 As. See Ut defeodo. 
 • UT AUDIVI. Lat. As I heard. Freem. 
 5, 19. Bunb. 165. Dyer, 30 b. A re- 
 porter's note. 
 
 UT CREDO. Lat. As I believe. Dyer, 
 76 b. A reporter's note. 
 
 UT CURREEE SOLEBAT. Lat. As 
 it was wont to run. A part of the maxim, . 
 
 Iqna currit et debet curi-ere, ut currcre sole- 
 
UTE 
 
 (567) 
 
 UTI 
 
 bat. Every proprietor of land on the bant 
 of a fresh water river ha$ a right to the 
 use of the water as it was wont to run, {ut 
 currere solebat,) without diminution or al- 
 teration ; and no owner has, in general, a 
 right to use it to the prejudice of other 
 owners above or below him, by throwing 
 it back upon the former, or subtracting it 
 from the latter. 2 Hilliard's Heal Prop. 
 101. 
 
 UT DE FEODO. L. Lat. As of fee. 
 St regulariter verum est quod dominicum 
 did potest omne illud tenementum de quo 
 antecessor obiit seysitus ut de feodo, sive 
 cum, usufructu, vet sive ; and regularly, it 
 is true that every tenement may be called 
 demesne, of which the ancestor died seised 
 as of fee, whether with the usufruct or \Yith- 
 out. Bract, fol. 263. Meta, lib. 5, c. 5, 
 § 25. See Demesne. 
 
 UT HOSPITES. Lat. As guests. 1 
 Salk. 25, pi. 10. 
 
 Ut poena ad paucos, metns ad omnes pei- 
 
 Teniat. That the punishment may reach a 
 few, but the fear of it effect all. A quota- 
 tion from Cicero, (^pro Cluentio, 46,) adopt- 
 ed as a maxim in criminal law, expressive 
 of one of the principal objects of human 
 punishment. 4 Inst. 6. 4 Bl. Com. 11. 
 
 Ut res magis valeat qnam pereat. That 
 the thing, or subject matter, may rather 
 have effect than be destroyed. " We must 
 construe the words of the instrument, if 
 possible, ut res mac/is valeat quam pereat." 
 Grose, J. 10 JSast, 427. A maxim expressive 
 of one great object regarded by courts in 
 the construction of contracts, viz. the pre- 
 servation of the contract itself. See 3 
 miVs (N. Y.) i2. 235, Cowen, J. It is a 
 part of the maxim, Benigne faciendBB sunt 
 Interpretationes, &c. and expresses the same 
 sentiment with the maxim, Benedicta est 61- 
 positio quando res redimitur a destructione, 
 (qq. V.) Blackstone applies it to the con- 
 struction of statutes. 1 Bl. Com,. 89. The 
 expression quo res magis valeat quam pe- 
 reat occurs in Dig. 34. 5. 12. And see 
 Fleia,\ih. 2, c. 72, §16. 
 
 UTAS. L. Lat. [L. Fr. utave.] In old 
 English practice. Octave ; the octave, 
 (octava ;) the eighth day following any 
 term or feast ; as the Utas of St. Michael, 
 the Utas of St. Hilary. Gowell. Yearh. 
 H. 9 Edw. III. 4. Dyer, 78, (Fr. ed.) 
 
 " UTENSILS," in a will, held not to 
 pass plate or jewels. Dyer, 69 b, pi. 15. 
 2 Williams onHxec. 1024. 
 
 UTERINE. [Lat. uterinus, q. v.] Born 
 
 of the same mother, (ex eodem tittro.) A 
 uterine brother or sister is one born of the 
 same mother, but by a different father. 
 See Uterinus. 
 
 UTERINUS. Lat. [irovauterus, womb.] 
 In old English law. Uterine ; born of the 
 same mother, Soror vel frater de una et 
 eadem matre, sed diverse patre, soror uteri- 
 na, frater uterinus, dici poterunt ; a sister 
 or brother from one and the same mo- 
 ther, but a different father, may be called 
 a uterine sister and uterine brother. Bract. 
 fol. 68 b. 
 
 UTERQUE. Lat. Both ; each. J' The 
 justices being in doubt as to the meaning of 
 this word in an indictment, demanded the 
 opinions of grammarians, who delivered 
 their opinions that this word doth aptly 
 signify one of them." 1 Leon. 241. 
 
 UTFANGTHEFE, UtfangetAef Sax. 
 [from ut, out, fang, taken, and theof, thief.] 
 In Saxon and old English law. Literally, 
 an out-taken thief, (fur extra captui.) 
 Spelraan. Utfangethef vero dicitur latro 
 extraneus, veniens aliunde de terra aliena, 
 et qui capius fuit in terra ipsius qui tales 
 haheat libertates, Uifangtjiefe signifies a 
 strange thief, who comes from another 
 place, from another's land, and who is taken 
 in the land of him who has such liberties. 
 Bract, fol. 154 b. According to this ex- 
 planation, ut, in this compound word, is to 
 be taken in immediate connection with 
 thefe, and not with fang, as Spelman seems 
 to understand it. 
 
 UTHESIUM. Lat. In old English law. 
 Hue ; a form of hutesium, produced appa- 
 rently, by a transposition of the aspirate. 
 Si eeperint miserieordias pro defaltis, vel 
 pro uthesio non levato vel non seeuto ; if 
 they have taken amercements for defaults, 
 or for not raising or following the hue. 
 Bract, fol. 116 b. See Hue, Hutesium. 
 
 UTL Lat.- As. See Uti rogas, Uti 
 possidetis. 
 
 UTL Lat. In the civil law. To use. 
 Strictly, to use for necessary purposes ; as 
 distinguished from frui, to enjoy. Heinecc. 
 Mem. Jur. Civ. lib. 2, tit. 4, § 415. 
 
 UTI FRUI. Lat. In the oivU law. 
 To have tlie full use and enjoyment of a 
 thing, without damage to its substance. 
 Calv. Lex. Hence the term ususfructus, 
 (q. v.) 
 
 UTI POSSIDETIS. Lat. (As you 
 possess.) In the civil law. A species of 
 interdict, (q, v.) for the purpose of retain- 
 ing possession ,of a thing, granted to one 
 
TJTI 
 
 (568) 
 
 IJTL 
 
 who, at the time of contesting suit, was in 
 possession of an immoveable thing, in or- 
 der that he might be declared the legal 
 possessor. Hallifax, Anal. b. 3, c. 6, num. 
 8. Hdnecc. Elem. jur. Civ. lib. 4, tit. 15, 
 § 1300. 1 Mackeld. Civ. Law, 259, § 252. 
 It was a species of proceeding by which 
 the possession of land or of houses was 
 contended for ; and that party succeeded 
 in it who was in possession at the time of 
 the interdict, provided he had not obtained 
 the possession from his adversary by force, 
 (vi,^ clandestinely, {clam,') nor precariously, 
 [precario.) Inst. 4. 15. 4. See Dig. 48. 
 17. 1. Cod. 8. 6. 
 
 UTI POSSIDETIS. Lat. (As you 
 possess, i. e. each keeping what you re- 
 spectively have.) In international law. A 
 term used to denote the principle of a 
 treaty which leaves belligerent parties mu- 
 tually in possession of what they have ac- 
 quired by their arms during the war. Brande. 
 The uti possidetis is the basis of every 
 treaty of peace, unless it be otherwise 
 agreed. 1 Kenfs Com. 173. 
 
 UTI EOGAS. Lat. (As you ask) 
 In Roman law. The form of words by 
 which a vote in favor of a proposed law 
 was orally expressed. Uti rogas, volo vel 
 juheo ; as you ast, I will or order ; I vote 
 as you propose ; I am for the law. The 
 letters U. R. on a ballot, expressed the 
 same sentiment. AdamUs Rom. ^ni.'98, 100. 
 
 Utile per inutile non vitiatnr. The use- 
 ful is not vitiated by the useless. Where 
 an instrument contains, in addition to pro- 
 per matter, that which need not have been 
 stated, such imnecessary matter will not 
 vitiate the other. Calv. Lex. 
 
 This maxim of the civil law has long 
 been adopted in the common law, as a 
 maxim of conveyancing, of pleading, and 
 of evidence. Surplusage does not vitiate 
 that which in other respects is good and 
 valid. Co. lAtt. 3 a, 227 a. 3 Co. 10 a, 
 Dowtie^s case. Broom^s Max. 82, [486.] 
 Steph. PI. 378. Averments wholly immate- 
 rial need not be proved. Best on Livid. 303, 
 § 2 6 3. The maxim is thus further explained 
 in the civil law. Where the useful can be 
 separated from the useless matter, in ac- 
 cordance with nature, law, or the interest 
 of parties, it will not be impaired by it ; 
 but where the two are not separable with- 
 out impugning some rule of nature or of 
 law, or contravening the intention of the 
 parties, there the useful matter is vitiated 
 by the useless. Calv, Lex. 
 
 TJTILIDAD. Span. In Spanish law. 
 The profit of a thing. White's New Be- 
 cop. b. 2, tit. 2, ch. 1. 
 
 UTILIS. Lat. In the civil law. Use- 
 ful; beneficial; equitable; available. Ac- 
 tio utilis ; an equitable action. Calv. Lex. 
 Dies utilis ; an available day ; one on 
 which a party might sue, or have access to 
 the praetor or judge. Id. 
 
 UTILITAS. Lat. [from utilis, q. v.J 
 Advantage ; benefit ; interest ; utility ; pro- 
 fit. See Calv. Lex. 
 
 UTISME. L. Fr. Eighth. Art. sup. 
 Cart. 
 
 UTLAGARE. L. Lat. [from Sax. ut- 
 lagh, q. v.] In old English law. To out- 
 law ; to put out of the law ; to put out of 
 the protection of the law. Nullus liber 
 homo capiatur — aut utlagetur, aut exula- 
 tur, &c. ; no freeman shall be taken, — or 
 outlawed, or exiled, &c. Magna Charta, 
 c. 29. ilxtunc utlagabitur, sicut ilk qui 
 est extra legem, sicut ^unq^thsmun ; he shall 
 thenceforth be outlawed, as one who is out 
 of the law, as a lawless man. Bract, fol. 
 125. Minor vera, et qui infra cetatem duo- 
 decim annorum fuerit, utlagari non potest, 
 nee extra legem poni ; a minor, and he who 
 is within the age of twelve years, cannot be 
 outlawed, nor put out of the law. Id. fol. 
 125 b. 
 
 UTLAGARIA. L. Lat. [from utlagare, 
 q. V. L. Fr. utlagerie.] In old English law. 
 Outlawry. Bract, fol. 128 b. Fleta, lib. 1, 
 c. 28. 
 
 UTLAGATIO. L. Lat. [from utlagare. 
 q. v.] In old English law. The outlawing 
 of a person ; outlawry. Sequi ad utlaga- 
 tionem ; to pursue to outlawry. Bract. 
 fol. 125 b. Meta, lib. 1, c. 28. 
 
 UTLAGATU8. L. Lat. [from utla- 
 gare, q. v.] In old English law. An out- 
 lawed person ; an outlaw. Bract, fol. 125 b, 
 128 b. Fleta, lib. 1, c. 28. Utlagatus est 
 quasi extra legem positus ; caput gerit lu- 
 pinum ; an outlaw is, at it were, put out of 
 the law ; he carries a wolf's head. 7 Co. 
 14 a, Calvin's case. See Caput lupinum, 
 Wolf's head. 
 
 UTLAGE. L. Fr. An outlaw. Britt. 
 c. 12 
 
 ' UTLAUGHE, Utlagh, Utlaghe. [from 
 Sax. ut, out, and lag, or lagh, law.] Sax. 
 and O. Eng. In old English law. Outlaw ; 
 an outlaw. In primis forisfacit patri- 
 am et regnum, et exul efficitur, et falem va- 
 cant Anglici Maitg^t, et alio nomine anti- 
 quitus solet nominari, scilicet, ^xmbltixaxm, 
 
TJTT 
 
 (569) 
 
 VAC 
 
 et sic videtur, quod forisfdcit amicos ; in 
 the first place, he forfeits [puts himself out 
 of] the country and the realm, and is made 
 an exile, and such a one the English call Tit- 
 laughe, and he was anciently called by an- 
 other name, to wit, Frendlesman, and so it 
 appears that he forfeits [puts himself out 
 of the company of] his friends. Bract. 
 fol. 128 b. Utlaghe, hannitum, extra le- 
 gem ; utlaghe signifies proclaimed out of 
 the law. Fleia, lib. 1, c. 47, § 25. 
 
 UTLAND. Sax. [from ut, out, and 
 land.1 In Saxon law. Outland, (terra 
 extera ;) tenemental land ; the tenancy ; 
 the lands which lay without the demesnes 
 of a manor. Spelman. To Wutfege that 
 inland, & to Alfege that utland ; to Wul- 
 fee the inland or demesnes, and to Elfey 
 the outland or tenancy. Testam. Brither. 
 in itin. Cantii, apud Lamhard. Spelman, 
 voc. Inland. 
 
 UTLARY, Utlawry, Old forms of out- 
 lawry, (q. V.) The following appear to 
 have been the successive forms of the 
 word : L. Fr. utlagerie ; L. Lat. utlagaria, 
 (from 'Sax. utlagh;) 0. Eng. utlagery, 
 utlary, utlawry, outlawry. 
 
 UTLEP, Utlepe. Sax. In old English 
 law. Escape ; the escape of a robber or 
 robbers, [escapium latronum.) Fleta, lib. 
 1, c. 47, § 14. 
 
 UTRUBI. Lat. In the civil law. With 
 whichever ; (Lat. apud quern ; Gr. otp 
 oTTOTEpu.) The name of a species of inter- 
 dict for retaining a thing, granted for the 
 purpose of protecting the possession of a 
 moveable thing, as the uti possidetis was 
 granted for an immoveable. Inst. 4. 15. 4. 
 Dig. 43. 31. Heinecc. Elem. Jur. Civ. 
 lib. 4, tit. 15, § 1301. 1 Macheld. Civ. 
 Law, 250, § 252. It was, in other words, 
 the mode of contesting or trying the right 
 to the possession of moveable property. 
 Inst. ub. sup. 
 ' UTRUM. See Assise of Utrum. 
 
 UTRUMQUE NOSTRUM. L. Lat. 
 Both of us. Words used formerly in 
 bonds. Distinguished from quemlihet nos- 
 trum, each of us. Wingate^s Max. 12, 
 pi. 9. See Dyer, 19 b. 
 
 UTTER. An old form of outer, framed 
 apparently from the Sax. ut, out. See 
 Uiter barrister. 
 
 To UTTER, [from Sax. uf, out.] In 
 criminal law. To put out, or put forth ; 
 to publish ; to circulate ; to offer to circu- 
 late. To utter and publish an instrument 
 is to declare or assert directly or indirectr 
 
 ly, by words or actions, that it is good. 
 Uttering it is a declaration that it is good, 
 with an intention to pass, or an offer to pass 
 it. Wharton's Am. Crim. Law, § 1445. 
 1 Baldwin's C. C. B. 367. 2 Michigan 
 (Gibbs') R. 550. 
 
 UTTER BARRISTERS, (properly 
 OUTER BARRISTERS, Lat. juris con- 
 sulti.) In English practice. The title of 
 the great body of barristers-at-law ; plead- 
 ers without the bar. So called, to distin- 
 guish them from benchers, or those who 
 have been readers, who are sometimes 
 admitted to plead within the bar, as the 
 king's and queen's counsel. Cowell. See 
 Bar, Barrister. 
 
 UTYME. L. Fr. An eighth. Mem. 
 in Scacc. 25 Edw. I. 
 
 UX'. An abbreviation of uxor. 1 
 Instr. Cler. 13. 
 
 UXOR. Lat. Wife; a wife; the wife. 
 N^on vir sine uxore, quia agitur de jure 
 uxoris; nee uxor sine viro, quia vir est 
 caput uxoris, et earn defendere debet; not 
 the husband without the wife, because the 
 action is about the right of the wife ; nor 
 the wife without the husband, because the 
 husband is the head of the wife, and is 
 bound to defend her. Bract, fol. 202. 
 
 Uxor furi desponsata non tenebiiur ex 
 facto viri, quia virum accusare non debet, 
 nee detegere furtum suum, nee feloniam, 
 cum ipsa sui potestatem non habeat, sed 
 vir ; the wife of a thief will not be bound 
 by the act of her husband, because she 
 ought not to accuse her husband, nor dis- 
 close Ms theft or felony, since she has not 
 power of herself, but her busband. 3 Inst. 
 108. Bract, fol. 151 b. 
 
 Uxor etflius sunt nomina natures ; wife 
 and son are names of nature. Bacon's 
 Arg. Case of the Postnati of Scotland, 
 Works, iv. 350. 
 
 V. 
 
 V. A common abbreviation of versus, 
 in the titles of causes, and reported cases. 
 
 V. F. An abbreviation of verba fecit, 
 (spoke.) Tayl. Civ. Law, 664. 
 
 V. V. B. C. An abbreviation of vous 
 voies bien coment, (you see well how.) 
 Common in the Year Books. M. 2 Hen. 
 VLl. 
 
 VACANT. [L. Fr. vacaunt; Lat. va- 
 cans, from vacare, to be empty, to want.] 
 Unfilled; unoccupied; without a claim- 
 ant, tenant, or occupier. See infra. 
 
VAC 
 
 {510) 
 
 VAD 
 
 VACANT SIJCCESSIOF. [Fr. suc- 
 cession vacante.'] One that is claimed by 
 no person, or where all the heirs are un- 
 known, or where all the known heirs to it 
 have renounced it. Oivil Code of Louis. 
 Art. 1088. Hemphill, C. J. 16 Texas B. 
 502. 
 
 VACANTIA BONA. Lat. In the 
 civil law. Goods without an owner, or in 
 which no one claims a property; goods 
 claimed as escheats ; escheated goods. 
 Jnst. 2. 6. 4. 1 Bl. Com. 298. 
 
 VACARE. Lat. In the civil law. To 
 be vacant; to want; to want or to be 
 without an owner, possessor, or claimant ; 
 to be unoccupied, unused, or unemployed. 
 A house was said vacare, which was in- 
 habited by no one ; a possession, Vhich 
 was held by no one ; an inheritance,'which 
 was unclaimed by the heirs ; a portion of 
 an estate, which was given to no one by 
 will ; fruits, that were not gathered ; 
 money, that was not employed. Calv. Lex. 
 
 VACARE. Lat. In English ecclesias- 
 tical law. To be vacant; to be without 
 an incumbent. Said of a benefice. Quod 
 ecclesia sive capelia nan vacat ; that the 
 church or chapel is not vacant. Fleta, 
 lib. 5, c. 18, § 1. 
 
 VACARIA. L. Lat. In old records. 
 A void place or waste ground. Memo- 
 rand, in Seacc. Mich. 9 Edw. L Cornell. 
 
 VACATE, [from Lat. vacare, to be 
 void, or vacatus, made void.] In practice. 
 To avoid ; to make void ; to annul. A 
 court will sometimes vacate the proceed- 
 ings in a cause, as a judgment that has 
 f been illegally entered, or an order that has 
 been improvidently granted. 
 
 VACATIO. Lat. [from vacare, to be 
 unoccupied or unemployed.] In the civil 
 law. Exemption ; immunity ; privilege ; 
 dispensation ; exemption from the burden 
 of ofiice. Calv. Lex. 
 
 VACATION. [Lat. vacaiio, from va- 
 care, to be unoccupied ; to rest from occu- 
 pation ; justitium, q. v.] In practice. 
 Intermission of judicial proceedings ; the 
 recess of courts ; the time during which 
 courts are not held, {tempus quo vacat a 
 jure dicundo.) SpelwMn. The period in- 
 tervening between the end of one term 
 and the beginning of another. Cowell. 3 
 £1. Com. 2lQ. 
 
 VACATUR. L. Lat. (It is vacated.) 
 In practice. A rule or order by which a 
 proceeding is vacated ; a vacating. 
 
 VACATURA. L. Lat. [from vacare, 
 
 to be void.] In old ecclesiastical law. A 
 voidance or vacancy of an ecclesiastical 
 benefice. Cowell, 
 
 VACCA. Lat. In old English law. 
 A cow. Vacca Utctrix ; a milch cow. 
 Fleta, lib. 2, c. 76, § 12. 
 
 VACCARIA, Vaccharia, Vacheria. L. 
 Lat. [from vacca, a cow ; L. Fr. vacherie.^ 
 In old English law. A cow-house. Fleta, 
 lib. 2, c. 41, § 13. A dairy-house. Co. 
 Litt. 5 b. A vaohary, vacchary, or vac- 
 cary. Cowell. 
 
 VACCARIUS. L. Lat. [from vacca, 
 q. v.] In old English law. A cow-keeper 
 or cow-herd. Fleta, lib. 2, c. 86.. 
 
 VACHIVIA. L. Lat. In old records. 
 A dairy. Cowell. 
 
 VACQUER. L. Fr. To be at leisure. 
 Kelham. 
 
 VACUUS. Lat. In the civil law. 
 Empty; void; vacant; unoccupied. Calv. 
 Lex. 
 
 In old practice. Not followed up ; not 
 prosecuted. Fleta, lib. 5, c. 11, § 4. 
 
 VADARL Lat. In the civil law. To 
 give, or put in bail, or sureties (vades) for 
 one's appearance in court. Calv. Lex. 
 
 To require bail ; to hold to bail. Id. 
 
 VADELECT. In old EngUsh law. A 
 servant ; a ministerial officer. Cowell, voc. 
 Valect. 
 
 VADERE. Lat. Togo. Contra men- 
 iem vadere ; to go against the mind. A 
 phrase applied in the old books to those 
 who knowingly, or intentionally uttered 
 falsehood, or swore falsely. Se pejerant, 
 quia contra mentem vadunt ; they perjure 
 themselves because they go against their 
 mind or conscience. Bract, fol. 288 b. 
 
 VADES. Lat. [plur. of vas, a pledge.] 
 In the civil law. Pledges; sureties; bail; 
 security for the appearance of a defendant 
 or criminal in court. Calv. Lex, 
 
 VADIA. L. Lat. In old English law. 
 Wages. Ft tres oh' ad vadia trium servi- 
 entiumsuorum; and three farthings for the 
 wages of his three servants. Fleta, lib. 2, 
 c. 10. 
 
 VADIARE. L. Lat. [from vadium, 
 gage.] In old English law. To gage; 
 to wage; to give gage or security. See 
 infra. 
 
 VADIARE DUELLUM. L. Lat. In 
 old English and Scotch law. To wage or 
 gage the duellum ; to wage battel ; to give 
 pledges mutually for engaging in the trial 
 by combat. Si autem per corpus suum 
 intret in defensionem, nihil excipiendo, sta- 
 
VAD 
 
 (sri) 
 
 VAG 
 
 tim vadietur inter eos duellum ; if he go 
 into the defence by his body, making no 
 plea, battel shall immediately be waged 
 or gaged between them. Bract, fol. 157. 
 lieff. Mdj. lib. 4, c. 2. Skene de Verb. 
 Sign. See Vadium, Wager of battel. 
 
 VADIARE LEGEM. L. Lat. In old 
 English law. To wage law ; to give gage 
 or security to make one's law at a day 
 assigned. Gianv, lib. 1, c. 9. Spelman, 
 voc. Lex. Admissus fuisset ad vadiandum 
 et faciendum legem suam ; was admitted 
 to wage and make his law. Beg. Orig. 
 116. Vadiata lege, Jiabebit diem ad faci- 
 endam legem ; law being waged, he shall 
 have a day to make law. Bract, fol. 156 b. 
 Fleta, lib. 2, c. 44, § 2. See Wager of 
 law. 
 
 VADIATIO. L. Lat. [L. Fr. gager.'] 
 In old English law. Wager. Vadiatio 
 duelli; wager of battel, (q. v.) Vadiatio 
 legis; wager of law, (q. v.) 3 Bl. Com. 
 341. i?'?eto, lib. 2, c. 63, § 2. 
 
 VADIMONIUM. Lat. In the Eoman 
 law. Bail or security ; the giving of bail 
 for appearance in court ; a recognizance. 
 Calv. Lex. 
 
 VADIUM. L. Lat. [from Lat. vades, 
 (q. V. ;) L. Fr. gage.^ In old English law. 
 Gage ; security to do some act, as to en- 
 gage in the duellum, to appear in court, 
 &c. ; security by pledge of property. Bat 
 appellatus vadium se defendendi, et appel- 
 lator vadium disrationandi ; the appellee 
 gives gage to defend himself, and the 
 appellor gage to make good his charge. 
 Bract, fol. 131. 3 Bl. Com. 341. Ac- 
 cording to Fleta, the word signifies peace, 
 (vadium pacem signijicat.) Fleta, lib. 2, 
 c. 47, § 30. 
 
 Per vadium ^onere; to put by gage; to 
 attach a defendant by taking gage, that is, 
 certain of his goods, which he forfeited 
 if he did not appear. 3 Bl. Com. 280. 
 Pone per vadium et salvos plegios ; put by 
 gage and safe pledges. Id. ibid. 
 
 In vadio exponere; to pat in pledge ; to 
 pawn. Cowell. 
 
 VADIUM MORTUUM. L. Lat. [Fr. 
 mort gage."] A dead gage or pledge ; a 
 mort gage ; a mortgage. 
 
 VADIUM, (plur. VADIA.) L. Lat. 
 In old records. Wages ; salary, or other 
 reward of service upon compact or cove- 
 nant. Cowell. See Vadia. 
 
 VADUM. Lat. In old records. A 
 ford, or wading place. Vadibilis ; fordable. 
 Cowell. 
 
 VAEE. L. Fr. [from Lat. vadere.] 
 To go. Kelham. Va; goes. L. Fr. 
 Diet. 
 
 VAGABOND. Fr. and Eng. [from Lat. 
 vagabundus, from vagari, to wander.] A 
 wandering person ; one who habitually goes 
 about from place to place j one who has 
 no settled residence or domicil. Les va- 
 gabonds sont les gens sans domicile; va- 
 gabonds are people without a domicile. 
 Vattel, liv. 1, c. 19, s. 219. A vagabond 
 is said to be a person who, without travel- 
 ling in quest of a domicil, has really and 
 truly no certain domicil at all. Phillimore 
 on bomicil, 23. See Vagabundus. 
 
 In English and American law, vagabond 
 is always used in a bad sense, denoting one 
 who is without a home ; a strolling, idle, 
 worthless person. Vagabonds are described 
 in old English statutes as " such as wake 
 on the night and sleep on the day, and 
 haunt customable taverns and ale-houses, 
 and routs about; and no man wot from 
 whence they came, nor whither they go." 
 4 Bl. Com. 169. Rogues and vagabonds 
 are classed together by statutes 17 Geo. II. 
 c. 5 ; 5 Geo. IV. c. 83 ; 1 & 2 Vict. c. 38. 
 4 Steph. Com. 309. In American law, the 
 term vagrant is employed in the same 
 sense. See Vagrant. 
 
 VAGABUNDUS. L. Lat. [from va- 
 gari, to wander.] In public law. A wan- 
 dering person ; one who has no settled 
 residence. Vagabundum nuncupamus eum 
 qui nullibi domicilium contraxit habita- 
 tionis ; we call him a vagabond who has 
 nowhere contracted a domicile of residence. 
 Carpzovius, tit. 3, art. 1, s. 65. Phillimore 
 on Domicil, 23, note. 
 
 VAGRANT. A wandering, idle per- 
 son ; a strolling or sturdy beggar. A gene- 
 ral term, including, in English law, the 
 several classes of idle and disorderly per- 
 sons, rogues and vagabonds, and incorrigi- 
 ble rogues. 4 Steph. Com. 308, 309. 
 
 In New-York, all idle persons Vho, not 
 having visible means to maintain them- 
 selves, live without employment; all per- 
 sons wandering abroad and lodging in tav- 
 erns, groceries, beer-houses, out-houses, 
 marlcet-places, sheds or barns, or in the 
 open air, and not giving a good account of 
 themselves ; all persons wandering abroad 
 and begging, or who go about from door 
 to door, or place themselves in the streets, 
 highways, passages, or other public places, 
 to beg or receive ahns, shall be deemed 
 vagrants. 1 Rev. Stat. [632,] 640, 641, § 1. 
 
VAL 
 
 (572) 
 
 VAL 
 
 VAGRANT ACT. The English sta1> 
 ute of 5 Geo. IV. c. 83. 1 Chitt. Gen. 
 Pr. 621. 
 
 VAIL. L. Fr. Under. Kelham. See 
 Paravail. 
 
 Vail' q' vail' purr'. A L. Fr. form of the 
 maxim valeat quantum valere potest. Yearh. 
 M. 4 Hen. VL 11. 
 
 VAILANCE, Vaillaunce. L. Fr. [from 
 vaiter, q. v.] Value. A la vaillaunce; 
 to the value. Britt. c. 53. Fet Assaver, 
 §63. 
 
 VAILLER. L. Fr. To be worth; to 
 be of the value. JEt la chose ne vaille mye 
 doze deners ; and the thing is not worth 
 twelve pence. Britt. c. 15. 
 
 VAILLE. L. Fr. Sufficient. Kel- 
 ham. Vigil; watch. Id. 
 
 VAL. L. Fr. Down; downwards; 
 under. See Vail, Paravail. 
 
 VALE. Span. In Spanish law. A 
 promissory note. White's New Becop. b. 
 3, tit. 7, c. 5, § 3. 
 
 Valeat quantum ralcre potest. It shall 
 
 have effect as far as it can have effect. A 
 leading maxim in the construction of deeds 
 and other instruments. Expressed at length, 
 ^uando res non valet ut ago, valeat quantum 
 valere potest. When a thing is of no effect 
 as I do it, it shall have effect as far as it 
 can. Lord Mansfield, C. J. Cowp. 600. 
 Or more fully. Cum quod ago non valet ut 
 ago, valeat quantum valere potest. When 
 that which I do is of no effect as [or in the 
 particular form in which] I do it, it shall 
 have effect as far as it can. 4 Kenfs Com. 
 493. When a deed cannot take effect ac- 
 cording to the letter, it will be construed 
 so as it may take some effect or other. 
 Shep. Touch, (by Preston,) 87. This 
 maxim has been applied to the effect of a 
 confession of judgment. Van Ness, J. 14 
 Johns. B. 450. It has been applied also 
 to statutes. "Clearly we may say of a 
 statute as much as we do every day of 
 deeds, and other private acts, valeat quan- 
 tum valere potest. Cowen, J. 6 HilVs 
 (N. Y.) B. 48. 
 
 VALECTA, Valetta, Valettus. L.Lat. 
 [from Fr. valet.'] In old English law. A 
 body-servant, or attendant, {qui heri est a 
 persona ;) a valet. Spelman. Beg. Orig. 
 25 b. 
 
 A ward of the crown. De puellis vel 
 valettis qui sunt, vel esse debent, in custodia 
 regis. Fleta, lib. 1, c. 20, § 14. Translat- 
 ed, in old English, valet, valect and vade- 
 leet, Cowell. 
 
 VALENTIA. L. Lat. [from valere, to 
 be worth, to be of value ; L. Fr. vaillance.] 
 In old English law. Value ; worth. Ad 
 valentiam ; to the value. Bract. io\.Z\5\). 
 A common phrase in old indictments for 
 larceny. Gowell. A distinction was made 
 between valentia and pretium, (price.) 
 Thus, where the number of the things tak- 
 en was to be expressed in the indictment, 
 as of young doves in a dove-house, young 
 hawks in a wood, there must be said, pre- 
 tii, (of the price,) or ad valentiam, (to the 
 value ;) but of divers dead things, ad valert- 
 tiam, and not pretii. Wesfs Symholeog. 
 part 2, tit. Indictment, sect. 70. Cowell. 
 Fleta uses valentia and valor in close con- 
 nection. Ad valentiam veri valoris; to 
 the worth of the trlie value. Fleta, lib. 3, 
 c. 9, § 4. 
 
 VALERE. Lat. To be strong; to 
 have strength, force, effect or validity ; to 
 be effectual or operative ; to be good or 
 valid in law. Fleta, lib. 3, c. 9, § 6. See 
 Valeat quantum, &c. Perinde valere. 
 
 To be of value ; to be worth. See Va- 
 lentia, Valor. 
 
 VALESHERIA. L. Lat. In old Eng- 
 lish law. Walleschery, or Welshery ; the 
 fact of being a Welshman. See Wallesheria. 
 
 VALET, Valect, Vadelect. In old Eng- 
 lish law. A servitor or gentlemen of the 
 privy chamber, according to Camden. In 
 the accounts of the Inner Temple, it is used 
 for a bencher's- clerk or servant. Cowell 
 calls it a French word. 
 
 Anciently, a name specially denoting 
 young gentlemen, though of gri-at descent 
 or quality, but afterwards given to those 
 of the rank of yeomen. Selden's Tit. of 
 Honour, 831. See Stat. 20 Bic. IL st. 1, 
 c. 2. In Borel's Glossary it is said that 
 the word was anciently applied to the 
 king's eldest son. See Barringt. Obs. 
 Stat. 344, note [/.] 
 
 VALOR. Lat. [from valere, to be 
 worth.] In old English law. Value ; 
 worth ; rate ; a rate ; a valuation. See 
 infra. Ad valorem, (q. v.) is a phrase still 
 used. 
 
 VALOR BENEFICIORUM. Lat. In 
 English law. A rate or valuation of bene- 
 fices, or spiritual preferments. 1 Bl. Com. 
 284. 
 
 VALOR MARITAGIL L. Lat. In 
 old English law. Value of marriage. Stat- 
 ute of Merton, c. 6. If an infant ward of 
 a guardian in chivalry refused a match ten- 
 dered by the guardian, he or she forfeited 
 
VAL 
 
 (573) 
 
 VAS 
 
 the value of tlie marriage (valorem mari- 
 taffii,) to the guardian ; that is, so much as 
 a jury would assess, or any one would bond 
 fide give to the guardian for such an alli- 
 ance. 2 Bl. Com. 70. Called, in Scotch 
 law, avail of marriage. Bell's Diet. 
 
 VALOUR. O.Eng. Value. "Ofsmal 
 substaunce, and of no valour." Stat. 8 
 Hen. VI. c. 7. " To the valoure of fourty 
 shelynges by yere." Stat. 10 Hen. VI. c. 2. 
 
 VALUABLE CONSIDERATION. A 
 consideration which the law esteems an 
 equivalent for a grant, such as money, mar- 
 riage, or the like. 2 Bl. Com. 297. Mar- 
 riage is a valuable consideration, but, in 
 order to support a conveyance, it must be 
 prospective, or contemporaneous with the 
 deed. See 2 Selden's B. 342, 344. 
 
 VALUE RECEIVED. In mercantile 
 law. A phrase usually employed in a bill 
 of exchange or promissory note, to denote 
 that a consideration has been received for 
 it. As to its eifect, see Story on Bills, 
 §§ 63, 64. " The object of inserting these 
 words is to show that it is not an accommo- 
 dation bill, but made on a valuable con- 
 sideration given for it by the payee." 
 Bayley, 3. 3 M. ct S. 353. 
 
 VALUED POLICY. In insurance law. 
 A policy expressing the value which has 
 been set on the ship or goods insured, in 
 the nature of liquidated damages.* 3 
 Kenis Com. 2^2, 2'! 3. A policy is valued, 
 when the parties, having agreed upon the 
 value of the interest insured, in order to 
 save the necessity of further proof, have 
 inserted the valuation in the policy, in the. 
 nature of liquidated damages. 1 JDuer on, 
 Ins. 97. See 1 Arnould on Ins. 803, (309, 
 Perkins' ed.) 
 
 VALVA8INL L. Lat. In feudal law. 
 A name given to the valvasores minores. 
 Feud. Lib. 2, tit. 10. 
 
 VALVASOR, Valvassor, Vavasor, Va- 
 vassor. L. Lat. [from vassalus, a vassal, 
 according to some feudists ; from valva, a 
 door, according to others ; from Sax. wal, 
 a wall or rampart, according to Spelman, 
 conveying the idea of guard.'] In feudal 
 and old English law. A principal vassal, 
 not holding immediately of the sovereign, 
 but of those who so held ; a vassal of the sec- 
 ond degree or rank ; or of a rank next to the 
 capitanei. Feud. Lib. 1, tit. 7. Lib. 2, tit. 10. 
 Spelman. They were also designated as 
 valvasores majores, to distinguish them from 
 valvasores minores, who held under them. 
 Id. In the Books of Feuds three degrees 
 
 are mentioned, majores, minores, and mini- 
 mi. Feud. Lib. 1 , tit. 7, § 1 ; tit. 14, § 1 ; 
 tit. 15. The valvasores minores were also 
 termed valvasini. Lib. 2, tit. 10. 
 
 Valvasores, however, was a term some- 
 times used to denote those who held imme- 
 diately of the king, (qui a rege tenent im- 
 mediate) or capitanei, as they were other- 
 wise called. Spelman. 
 
 Valvasor is mentioned by Lord Cokp and 
 Blackstone as an ancient name or title of 
 dignity in England, next beneath a peer. 
 2 Inst. 667. 1 Bl. Com. 403. In Bracton 
 the word is written vavasor, (q. v.) 
 
 Tana est ilia potentia quis nunquam Tenit 
 in actum. That power.is vain [idle or use- 
 less] which never comes into action, [which 
 is never exercised.] 2 Co. 51. 
 
 Vani timoies sunt asstimandi, qui non 
 cadnnt in constantem virum. Those are 
 to be regarded as idle fears which do not 
 aifect a steady [firm or resolute] man. 7 
 Co. 27. See Timor. 
 
 VANTARIUS. L.Lat. In old records. 
 A fore-footman. Spelman. Cowell. 
 
 VARDA. L. Lat. In old Scotch law. 
 Ward ; cu.stody ; guardianship. Answer- 
 ing to warda, in old English law. Spel- 
 man, quoting Skene. It had also the sense 
 of award, (Sc. waird.) Skene de Verb. 
 Signif. 
 
 VARECH, Vraicq. Fr. In French 
 law. Sea-weed. Ord. Mar. liv. 4, tit. 10. 
 Otherwise called sar and goicesmon. Id. 
 ibid. 
 
 VARENNA. L. Lat. In old Scotch 
 law. A warren. Answering to warenna, 
 in old English law. Spelman, quoting 
 Skene. 
 
 VARRANTIZATIO. L. Lat. In old 
 Scotch law. Warranty. Crag, de Jur. 
 Feud. 152. 
 
 VAS. Lat. In the civil law. A 
 pledge; a surety; one who became bail 
 or surety for another in a criminal pro- 
 ceeding or civil action. Calv. Lex. . . The 
 plural vades, (q. v.) was more commonly 
 used. 
 
 VA8ALLUS. L. Lat. In feudal law. 
 A vassal ; the grantee of a fief; a feuda- 
 tory. Feud. Lib. 1, tit. 26. Lib. 2, tit. 2, et 
 passim. Skene writes the word, vassallus 
 
 VASLETTUS. L. Lat. A valet or 
 ward. Cowell. Spelman. 
 
 VASSAL. [L. Lat. vasallus, vassallus, 
 from vassus, q. v.] In feudal law. The 
 grantee of a fief, feud or fee ; one who held 
 of a superior or lord; a feudal tenant; a 
 
VAS 
 
 (674) 
 
 VAV 
 
 feudatory. 2 £1. Com. 53. 1 BoherUorHs 
 Charles V. Appendix, Note viii. Esprit 
 des Lois, liv. 30, c. 16. 
 
 VASSAL. In Scotch law. A tenant ; 
 one who holds of a superior; the grantee 
 or holder of a feu. 1 Forbes^ Inst, part 2, 
 p. 110. Ursk. Pr. b. 2, tit. 3, § 3. 
 
 VASSATICUM. L. Lat. In feudal 
 law. Vassalage ; the service of a vassal 
 or tenant ; feudal service. Spelman. 
 
 VASSELERIA. L. Lat. Vassalage; 
 the tenure of vassals. Cowell. 
 
 VASSUS. L. Lat. [from Welsh gw6^, 
 a page, according to Sir F. Palgrave ; per- 
 haps from the Lat. vas, a pledge.] In 
 feudal and old European law. A feudal 
 tenant, or feudatory; a feudal lord. JEs- 
 prit des Lois, b. 30, e. 16. The following 
 passage illustrates the meaning of this word 
 and of vassalus, which is supposed <tD ' be 
 derived from it: Ih vassis dominicis, qui 
 cuHiuc intra casam serviunt, et tamen bene- 
 ficia habere noscuntur, statutum est, ut qui- 
 cunque ex eis cum domino imperatore domi 
 remanserint, vassalos suos casatos secum 
 non retineant ; sed cum comite cujus pa- 
 genses sunt, ire permittant ; concerning 
 the king's servants who still serve within 
 the house [palace,] and yet are known to 
 have benefices, [feudal estates,] it is ordain- 
 ed that as many of them as shall remain at 
 home with the lord the emperor, shall not 
 keep their own house vassals with them, 
 but shall permit them to go with the count 
 whose countrymen they are. Capitul. 2, 
 A. D. 812, art. T,ed. Balus. torn. l,p. 494. 
 From this it would appear that vassus de- 
 noted one who held immediately of the 
 king, and vassallus, an inferior feudatory, 
 or vassal proper. 
 
 VASTITAS. L. Lat. [from vastum, 
 q. v.] In old English law. A waste. 
 Fleta, lib. 4, c. 22, § 6. 
 
 VA8TUM. L. Lat. [L. Fr. ^ra*!!.] In 
 old English law. Waste. Stat, Marlbr. 
 c. 17. Item de hoc quod dicit vastum et 
 exilium, sciendum quod non sunt r^erenda 
 ad eundem intellectum, sed vastum et de- 
 structio fere idem sunt, quia comertibiliter 
 se habent vastum et desiructio, et vastum 
 idem est quod desiructio, et e converso, et 
 se habent ad omnem destructionem genera- 
 liter ; also, as to this that he says, " waste 
 and exile," it is to be known that the 
 words are not to be referred to the same 
 meaning, but waste and destruction are al- 
 most the same thing, because waste and 
 destruction arc convertible, and waste is 
 
 the same as destruction, and i converso, and 
 they relate to every kind of destruction 
 generally. Bract, fol. 316 b. Vastum 
 and destructio are both mentioned in Mag- 
 na Charta, and in the statute of Marlbridge, 
 (c. 17.) Accedai ad locum vastatum et in- 
 quirat de vasto facto ; he shall go to the 
 place wasted, and inquire of the waste 
 done. Stat. Westm. 2, c. 14. Sine de- 
 structione et vasto hominum vel rerum ; 
 without destruction and waste of men or of 
 things. Mag. Cart, c, 4. 
 
 VASTUM. L. Lat. In old records. 
 A waste or common lying open to the cat- 
 tle of all tenants who have a right of com- 
 moning. Paroch. Antiq. 171. Cowell. 
 
 VASTUM FORESTS VEL BOSCL 
 L. Lat. In old records. Waste of a for- 
 est br wood. That part of a forest- or 
 wood, wherein the trees and underwood 
 were so destroyed that it lay in a manner 
 waste and barren. Par. Antiq. 351, 497. 
 Cowell. 
 
 VAULT. L. Fr. [from vailer, to be 
 worth, to be of value or force.] In old 
 English law. Is worth. Litt. sect. 251. 
 Id. sect. 255. Ne vault; it avails not. 
 Vault riens ; it avails nothing. Yearb. 
 26 Hen. VIII. 4. Le plee ne vault; the 
 plea is bad. Dyer, 29. 
 
 VAVASOR, Valvasor. L. Lat. [see 
 valvasor^ In old English law. The vas- 
 sal or tenant of a baron ; one who held un- 
 der a baron, and who had also tenants 
 under him. Vavassores Roberti Fossard 
 reddunt compotum de Lxiii s. 4d. ; the 
 vavasors of Robert Fossard render an ac- 
 count of 63s. 4d. Hot. Pip. de an. 5 He- 
 gis Steph. Everwicscire. Et si amodo ex- 
 urgat placitum de divisione terrarum, si 
 interest barones meos dominicos, tractetur 
 placitum in curi& meA ; et si est inter va- 
 vassores istorum dominorum, tractetur in 
 comitatu ; and if a plea [controversy] 
 should arise respecting the division of 
 lands, if it concern my barons, the plea 
 [suit] shall be litigated in my court, and if 
 it be between the vavasors of those lords 
 [barons] it shall be managed in the county 
 court. Chart. Hen. I. apud Spelman, voc. 
 Valvasor, 
 
 One who in dignity was next to a baron ; 
 a title of dignity next to a baron. Camd, 
 Brit. 109. See Valvasor. Bracton, in 
 enumerating the various ranks of persons 
 under the Mng, mentions them in the fol- 
 lowing order : dukes, counts or earls, ba- 
 rons, magnates or vavasors, Mid knights, 
 
VEC 
 
 (575) 
 
 VEJ 
 
 {duces, comites, harones, magnates give va- 
 vasores, et milites.) Bract, fol. 5 b. And 
 again, immediately after describing barons, 
 as powerful men under the king (potentes 
 sub rege,) he proceeds to a description of 
 vavasors as men of great dignity, {viri mag- 
 nrn dignitatis,) adding the following ety- 
 mology of the word: Vavasor enim nihil 
 melius did poterit quam vas sortitus ad va- 
 letudinem ; for a vavasor cannot be better 
 described than a vessel or pledge (vas) 
 chosen for strength. Id. ibid. 
 
 The term vavasor first came into use in 
 England after the Conquest, being another 
 form of valvasor, which was employed in 
 the feudal law of the continent. LL. Qui. 
 Conq. 1. 24. See Valvasor. As a title of 
 dignity, it occurs as late as the time of 
 Chaucer, but afterwards fell into disuse, 
 and is now wholly antiquated. 1 Bl. Com. 
 403. The etymology of the word given 
 by Braeton seems to present vas, (a vessel,) 
 validus, (strong,) and soHitus, (chosen,) as 
 its constituent elements, which is very dif- 
 ferent from that given of valvasor, (q. v.) 
 
 VAVASORY. [L. Lat. vavasoria.'] In 
 old English law. The fee of a vavasor ; a 
 lesser fee than a barony. Bract, fol. 93 b. 
 Fleta,\i\,. 5, c. 23, § 14. 
 
 VAVASOUR. L. Fr. In old English 
 law. A vavasor. LL. fful. Conq. 1. 24. 
 A word used by Chaucer. See Countor. 
 
 VE. L. Fr. [from veier^ to see.] Saw ; 
 seen. Kelham, 
 
 VE. L. Fr. [contr. of vale.\ Worth. 
 Kelham. 
 
 True, (contr. of verey.) Id. 
 
 VEAGE. L. Fr. A voyage. Kelham. 
 See Viage. 
 
 VECORIN. Lomb. In old Lombar- 
 dio law. The offence of stopping one 
 on the -way, (Germ, iat^mn :) forestalling. 
 Spelman. The Sax. withercoren is trans- 
 lated by Spelman, rebdlis ; rebel, rebel- 
 lious. 
 
 VECTIGAL. Lat. [from vehere, to 
 carry.} In the civil law. A custom or 
 impost upon goods brought into, or car- 
 ried out of a state, (quod pro rebus civitati 
 invectis vel evectis publico solvitur.) Galv. 
 Lex. 
 
 In a general sense, a tax or tribute of 
 any kind, paid for the use of the state. Id. 
 See Dig. 50. 16. 17. 1. Id. 6. 3. .Id. 39. 
 4. See a list or tariflf of articles subject 
 to this imposition. Id. 39. 4. 16. 7. 
 
 VECTURA. L. Lat. [from vekere, to 
 cawy.] In maritime law. Freight. Loc- 
 
 cen. de Jur. Mar. lib. 3, c. 6, § 7, et 
 seq. 
 
 VEE. L. Fr. [from veer, to forbid.] 
 In old English law. Refusal; refusal to 
 deliver or, return a thing. Defende tort 
 et force, et la torcenouse detenue, et le 
 vee des besies avwunditz ; defends the 
 wrong and the force, and the wrongful tak- 
 ing, and the wrongful detention, and the 
 refusal of the beasts aforesaid. Britt. c. 2. 
 Respoyne al vee ; answer to the refusal. 
 Id. ibid. 
 
 VEE DE NAME. L. Fr. [L. Lat. ve- 
 titum namium!\ In old English law. Re- 
 fusal of a thing distrained ; refusal to de- 
 liver or return a thing taken as a distress ; 
 sometimes translated withernam, (q. v.) 
 Plees de vee de name. Britt. cc. 19, 20, 
 103. See Vetitum namium. 
 
 VEEL. L. Fr. Old. Veelez viscmintz ; 
 old sheriffs. Kelham. 
 
 VEER. L. Fr. [from Lat. videre.} In 
 old English law. To see. Jesques a taunt 
 que home pusse veer les estoilles en la fir- 
 mament; until a man may see the stars in 
 the sky. Britt. c. 22. Another form of 
 veier, (q. v.) 
 
 VEER. L. Fr. [from Lat. vadere.] 
 In old English law. To go ; to proceed. 
 JEJn evant veer ; to go forward. Kel/iam. 
 Yeet la coroner ; let the coroner go. Id. 
 Qui il veet quite ; that he go quit. Britt. 
 c. 68. 
 
 VEER. L. Fr. [from Lat. vetare.^ To 
 forbid ; to refuse. See Vee. 
 
 VEFFETE. L. Fr. In old English 
 law. Widowhood. Yearb. T. 1 Edw. IL 
 18. 
 
 VEFUE. L. Fr. Widow; a widow. 
 Kelham. 
 
 VEIER. L. Fr. [from Lat. videre.'] 
 To see. Veit ; sees. Kelham. Veie ; 
 seen. Id. 
 
 VEIES, Veez. L. Fr. (plar. of vee.) 
 Distresses forbidden to be replevied ; the 
 refusing to let the owner have his cattle 
 which were distrained. Kelham. 
 
 VEIF, Vefve, Vefue. L. Fr. A widow. 
 Kelham. Veifuage ; widowhood. Id. 
 
 VEIGNER, Veiner. L. Fr. [from Lat. 
 venire.] To come. Kelham. 
 
 VEISIN. L. Fr. [from Lat. vicinus.] 
 A neighbor. Far les taxacions de ascun 
 de ses bone veisins ; by the taxations, [as- 
 sessment] of some of his good neighbors. 
 
 Britt. c. 27. 
 
 VEJOURS. L. Fr. [from veier, veoir, 
 to see ; L. Lat. visor£s.] In old English 
 
YEN 
 
 (576) 
 
 YEN 
 
 practice. Viewers ; persons sent by the 
 court to take view of any place in ques- 
 tion, for the better decision of the right. 
 Cowell. See Visores. , 
 
 VEL. Lat. Or, {aut.) Calv. Lex. 
 
 And, {et.) Id. 
 
 At least, {saltern.') Id, 
 
 Also, (etiam.) Id. 
 
 When, (quando.) Id. 
 
 As, {veluti.) Id. 
 
 VELABRUM. L. Lat, In old English 
 law. A toll-booth. Cro. Jac. 122. 
 
 VELITIS JUBEATIS QUIRITES ? 
 Lat. Is it your will and pleasure, Ro- 
 mans ? The form of proposing a law to the 
 Roman people. Tayl. Civ. Law, 165. 
 
 VELLE. Lat. In the civil law. To 
 •will ; to be willing ; to consent. Calv. Lex. 
 
 Telle non creditnr qui obseqnitnr imperio 
 patris vel doinini. He is not considered to 
 will, who obeys the command of a father 
 or master. Dig. 50. 17. 4. See Ejus est 
 
 nolle, &c. 
 
 YEN ARIA. Lat. [from venari, to 
 hunt.] In old English law. Animals set 
 apart for hunting, (animalia venatui dica- 
 ta ;) not animals of the forest, but of the 
 field, (campestria,) as hares, partridges, &c. 
 Spelman. 
 
 VENATIO. L. Lat. [from venari, to 
 hunt.] In old English law. The chase, 
 or hunt. Cowell. 
 
 The prey taken in the chase ; venison. 
 De viridi et venatione ; of vert and veni- 
 son. Paroch. Antiq. 73. Convictus de 
 captione venationis ; convicted of the tak- 
 ing of venison. Cart, de Forest, c. 10. 
 
 VENDEE. The person to whom a 
 thing is sold ; a buyer or purchaser ; the 
 correlative "of vendor, (q. v.) 
 
 VENDER, Vendre. L. Fr. [from Lat. 
 vendere, q. v.] In old English law. To 
 sell; to vend. Vendu; sold. M vendu 
 en fee; and sold in fee. JBritt. c. 77. 
 
 VENDERE. Lat. In the civil and old 
 English law. To sell; to vend. Diff. 
 18. 1. Maff. Cart. 9 Hen. III. c. 32. Si 
 tibi vendam quod tihi accommodavi, aut 
 apud te deposui vel adfirmam vel ad vitam, 
 et si quod ad vitam, vendo tibi infeodo; if 
 I sell to you that which I have loaned to 
 you, or deposited with you either to farm 
 [i. e. for a term of years,] or for life ; and 
 if I sell to you in fee, what I have [leased 
 you] for life. Bract, fol. 41. Vendens 
 eandem rem duobus falsarius est; he who 
 sells the same thing to two persons is a 
 cheat. Jenk. Cent. 107. 
 
 VENDICARE. Lat. In the civil and 
 old English law. To claim a thing as 
 one's own ; to assert a right to a thing. 
 To take a thing as one's own. Calv. Lex. 
 Ubi flumen mihi abstulit meum prcedium 
 per alvei constitutionem, deinde redit ad 
 antiquum alveum, dejure striata, in prmdio 
 quodam [quondam^ meo nihil possum ven- 
 dicare, cedit enim iis qui prope ripam prce- 
 dia habent. Where a river, in conse- 
 quence of the form of its channel, has car- 
 ried away my land, and afterwards returns 
 to its former channel, in strict law I can 
 claim no right in the land that before was 
 mine, for it belongs to those who have the 
 lands on the bank. Bract, fol. 9 b. Fleta, 
 lib. 3, c. 2, § 10. 
 
 VENDICATIO. Lat. [from vendicare, 
 q. v.] In old English law. A claim. Fleta, 
 lib. 2, c. 60, § 21. 
 
 VENDITJi. L. Lat. [from vendere, to 
 sell.] In old European law. A tax upon 
 things sold in markets and public fairs. 
 Spelman. Bignonius. 
 
 VENDITIO. Lat. [from vendere, to 
 sell.] In the civil law. In a strict sense, 
 sale ; the act of selling ; the contract of 
 sale, otherwise called emptio venditio. 
 Inst. 3. 24. Big. 18. 1. Calv. Lex. 
 
 In a large sense, — any mode or species 
 of alienation; any contract by which the 
 property or ownership of a thing may be 
 transferred. Id. 
 
 VENDITIONI EXPONAS. L. Lat. 
 (You expose to sale.) In practice. A 
 judicial writ directed to a sheriff, com- 
 manding him to expose to sale goods 
 which he has already taken under an exe- 
 cution. So termed, from the emphatic 
 words of the Latin form. Beg. Jud. 33 b. 
 Cowell. It properly issues on a return 
 made by the sheriff to a fieri facias, that 
 he has taken goods which remain in his 
 hands unsold for want of buyers. 2 Tidd's 
 Fr. 1020. 
 
 VENDITOR. ' Lat. [from vendere, to 
 sell.] In civil and old English law. A 
 seller ; a vendor. Inst. 3. 24. Cod. 4. 54. 
 Bract, fol. 41. 
 
 VENDITOR REGIS. L. Lat. In old 
 English law. The king's seller or sales- 
 man ; the person who exposed to sale 
 those goods and chattels which were seiz- 
 ed or distrained to answer any debt due to 
 the king. Cowell. 
 
 VENDITRIX. Lat. In the civil law. 
 A female vendor. Cod. 4. 61. 3. 
 
 VENDOR. [Lat. venditor.] A seller; 
 
YEN 
 
 (577) 
 
 YEN 
 
 the person who sells a thing ; the correla- 
 tive of vendee. 
 
 VENDOR'S LIEN. An equitable lien 
 allowed the vendor of land upon the land 
 sold, for the purchase money.* Miller's 
 JSquit. Mortg. 4—6. 4 Kmfs Com. 151, 
 152. The doctrine of a vendor's lien, in 
 its general statement, is, that the vendor of 
 land, if he has taken no security, although 
 he has made an absolute conveyance by 
 deed, with a formal acknowledgment in 
 the deed or on the back of it, that the 
 consideration has been paid, yet retains an 
 equitable lien for the purchase money, un- 
 less there be an express or implied waiver 
 and discharge of it ; and this lien will be 
 enforced in equity against the vendee, vol- 
 unteers, and all others claiming under him 
 with notice ; that is, against all persons ex- 
 cept bon& fide purchasers without notice. 
 1 White's Uq: Gas. 222, Am. ed. note, cit- 
 ing 9 Oowen's i2. 316, 318. 2 Band. B. 
 428, 429. 3 Bibh's B. 183, 184. 6 B. 
 Monroe's B. 74, 75. 5 Ohio B. 35, 39. 
 6 Verger's B. 50. 4 Blackford's B. 339, 
 340. 4 Scammm's B. 148, 151. 6 Ala- 
 bama B. 363, 364. 1 Smedes «& Marsh. 
 B. 197, 206. 4 Missouri B. 253. The 
 doctrine, as laid down in the words of 
 Lord Eldon, in the leading case of Mack- 
 reth V. Symmons, (15 Ves. Jun. 329,) is, 
 that " where the vendor conveys, without 
 more, though the consideration is upon the 
 face of the instrument expressed to be 
 paid, and by a receipt endorsed upon the 
 back, if it is the simple case of a convey- 
 ance, the money or . part of it not being 
 paid, as between the vendor and the ven- 
 dee and persons claiming as volunteers, 
 upon the doctrine of this court, which, 
 when it is settled, has the eflFect of con- 
 tract, though perhaps no actual contract 
 has taken place, a lien shall prevail; in 
 the one case, for the whole consideration, 
 in the other, for that part of the money 
 which was not paid." The principle of 
 the doctrine is thus expressed by the same 
 judge, in the case last referred to : " that a 
 person having got the estate of another, 
 shall not, as between them, keep it and not 
 pay the consideration; and there is no 
 doubt that a third person, having full 
 knowledge that the other got the estate 
 without payment, cannot maintain that, 
 though a court of equity will not permit 
 him to keep it, he may give it to another 
 person without payment." 
 The doctrine of a vendor's equitable lien 
 Vol. IL 37 
 
 for unpaid purchase-money, upon an abso- 
 lute conveyance of land, has been adopted 
 in the states of New-York, Maryland, Vir- 
 ginia, Tennessge, Mississippi, Georgia, Ala- 
 bama, Missouri, Illinois, Indiana, Ohio and 
 Kentucky, and has been recognized in the 
 Circuit and Supreme Courts of the United 
 States, li/'asore'*^. 192, 212. iWhea- 
 ton's B. 256. 7 Id. 46. In some other 
 states, as Pennsylvania, North Carolina, 
 South Carolina and Massachusetts, it has 
 either been rejected, or never recognized. 
 In Connecticut, Vermont and Delaware, 
 its existence remains undecided and 
 doubtful. See 1 White's Equity Cases, 
 222, Am. ed. note, and the cases there 
 cited. 
 
 VENELLA. L. Lat. [from venire, to go 
 or pass.] In old English law. A narrow 
 way or passage ; a lane. In viis et venellis 
 villce prcedictcB ; in the streets and lanes of 
 the said town. Beg. Grig. 267 b. Spel- 
 man. 
 
 VENEOUR. L. Fr. [Lat. venator.] A 
 hunter. Kelham. 
 
 VENER. L. Fr. [from Lat. vmire, 
 q. v.] In old English law. To come ; to 
 appear. Vener en sa court ; to come, or 
 appear in his court. Britt. c. 27. Vendra; 
 shall come. Vent; comes. Kelham. Come 
 les parties y'ieadxoMvX en court; when the 
 parties shall have come or appeared in 
 court. Britt. c. 91. 
 
 VENESON. L. Fr. In old English 
 law. Venison ; deer ; animals of the chase. 
 Britt. c. 21. See Venison. 
 
 VENIA. Lat. Pardon ; forgiveness ; 
 indulgence. Venlae facllitas incentivum est 
 delinpendi. Facility of pardon is an in- 
 centive to crime. 3 Inst. 236. 
 
 In the civil law. * Favor ; privilege ; 
 courtesy ; permission. Calv. Lex. See 
 Tenia aitatis. 
 
 VENIA JETATIS. Lat. In the civil 
 law. The privilege of age. A privilege 
 granted to a person not of age, by the 
 prince or sovereign, whereby the party is 
 entitled to act, and to have all the powers 
 to act, as if he were of full age. Calv. 
 Lex. Cod. 2. 45. Vicat. Vocab. Story's 
 Confl. Laws, § 60, note. This grant does 
 not, except in special cases, include the 
 power of disposing of real property, but it 
 confers all the other privileges of majority, 
 and prevents the minor from being relieved 
 against acts done by him after he has ob- 
 tained it. Macpherson on Infants, 576. 
 Grants of this kind, called leitres de bene- 
 
VEN 
 
 (5^8) 
 
 VEN 
 
 fice tCage, were known to most of the old 
 French co'!i,tumes. Id. ibid. 
 
 The venia wtatis is known to the Span- 
 ish and Roman Dutch law ; but its grant 
 depends upon the conduct and discretion 
 of the minor. Id. ibid. 
 
 VENIAUNCE. L. Fr. In old English 
 law. Vengeance ; revenge ; an avenging. 
 Suer veniaunce de la mort par appel de 
 felonie ; to sue or prosecute vengeance for 
 the death, by an appeal of felony. Britt. 
 c. 1. See Id. c. 23. 
 
 VENIRE. Lat. In the civil and old 
 English law. To come ; to appear ; to 
 appear in court, (comparere in judicio.) 
 Calv. Lex. Fleta, lib. 2, c. 64, § 2. See 
 Venit. 
 
 To arrive, as a time or day. Dig. 50. 
 16. 213. 
 
 To come to, or into ; to enter upon, 
 (adire, accedere, ingredi.) Oalv. Lex. 
 
 To become subject to. Id. Venire in 
 crimen ; to be accused of a crime. Id. 
 
 VENIRE. Lat. (To come.) In prac- 
 tice. The name of a writ by which a jury 
 is summoned. Otherwise termed a venire 
 facias, (q. v.) 
 
 VENIRE FACIAS. L. Lat. (You 
 cause to come.) In practice. A judicial 
 writ, directed to the sheriflF of the county 
 in which a cause is to be tried, commanding 
 him that he cause to come before the court, 
 on a certain day therein mentioned, twelve 
 good and lawfiil men of the body of his 
 county, qualified according to law, by whom 
 the truth of the matter may be the better 
 known, and who are in no wise of kin either 
 to the plaintiff or to the defendant, to make 
 a jury of the countiy between the parties 
 in the action, because as well the plaintiff 
 as the defendant, between whom the mat- 
 ter in variance is, have put themselves upon 
 
 tringas is awarded on the record, which is 
 accordingly issued at the same time with 
 the venire, and under which the jury are in 
 fact summoned to try the cause. Steph. 
 Plead. 80. See Distringas juratores. 
 
 In the United States, the venire has been 
 generally adopted, though in some states it 
 has been dispensed with, except in special 
 cases. 2 N. Y. Rev. St. [410,] 331, § 9. 
 
 The venire facias is a very ancient writ, 
 and was formerly used in, England for a 
 great variety of purposes. Bracton men- 
 tions a writ of this kind issued to the sher- 
 iff to inquire whether a certain grantor of 
 lands was of sound mind, and otherwise of 
 capacity to convey, on the day of the grant. 
 Bract, fol. 14 b. Many special writs of 
 venire are contained in the Register, but 
 these have long been disused. Meg. Jwd. 
 tabula. 
 
 VENIRE FACIAS DE NOVO. L. 
 Lat. (You cause to come anew.) In 
 practice. A second writ of venire, to sum- 
 mon another jury for a new trial, commonly 
 called a venire de novo. This is the old 
 common law mode of proceeding to a second 
 trial, and differs materially from the grant- 
 ing a new trial, inasmuch as the venire de 
 novo is awarded for some defect appearing 
 upon the face of the record, a new trial is 
 granted for matter entirely extrinsic. 2 
 Arch. Fr. 261. 
 
 A new venire, issued in certain cases 
 where a cause has not been tried. 1 Arch. 
 Fr. 183. 
 
 VENISON, Veneson. L. Fr. and Eng. 
 [from venatio, prey taken in hunting.] In 
 English law. Animals of the chase, par- 
 ticularly deer.* 3 Bl Com, 71. See Vert. 
 
 VENIT. Lat. [from venire, q. v.] In 
 old pleading. Comes. The word which 
 expressed the appearance of a defendant in 
 
 the jury; and that, he "return the names of court. See Venlt et defendit, Comes and 
 the_ jurors, &c. 2 Tidd's Fr. 111,^ 118. defends. 
 
 3 Bl. Com. 352. So termed from the em- 
 phatic words of the Latin form : Frcecipi- 
 mus iibi quod venire facias coram justitia- 
 riis nosiris apud Wesimonasterium, a die, 
 &c. duodecim, &c. We command you that 
 you cause to come before our justices at 
 Westminster, on the day, <fec. twelve, <fec. 
 Reg. Jud. 1, 30 b. 
 
 In English practice, though the venire 
 facias is always sued out, it is hot used ; it 
 being the practice of the court to suppose 
 that the jurors have been summoned upon 
 it, and have failed to appear ; and upon this 
 fictitious default another writ called ^ dis- 
 
 VENIT ET DEFENDIT. L. Lat. In 
 old pleading. Comes and defends. The 
 proper words of appearance and defence in 
 an action. 1 Ld. Raym. 117. Venit et 
 defendit vim et injuriam; comes and de- 
 fends the force and injury. 2 Show. 443. 
 Venit et defendit omnemjeloniam, et pacem 
 domini regis infractam ; comes and defends 
 all the felony, and breach of the king's 
 peace. Bract, fol. 138 b. See Fleta, 
 lib. 4, c. 16, §6. 
 
 VENIT ET DICIT. L. Lat. In old 
 pleading. Comes and says. Yearb, M. 1 
 Edw. II. 2. 2 Salk. 544. 
 
YEN 
 
 (579) 
 
 YER 
 
 VENKU. L. Fr. In old English law. 
 Vanquished ; overcome in judicial combat; 
 Et si le defendaunt soil venku, si soit le 
 jugemenl tiel, que il soit treyne et pendu, et 
 autrement tormente a la, mart a nostre vq- 
 lounte ; and if the defendant be overcome, 
 the judgment shall be such, that he be 
 drawn and hanged, and otherwise torment- 
 ed to death at our pleasure. Britt. c. 
 22. 
 
 VENTE. Fr. [from vendre, to sell.] 
 In old English law. Sale. De wast, et de 
 vente et destruccion: of waste, and of sale, 
 and destruction. £ritt. c. 26. Destruc- 
 cion de tenements, exit de villeyns, ou vente 
 des terres. Id. c. 66. 
 
 VENTER. Lat. The belly, or womb, 
 (uterus muliebris.) 
 
 In the civil and old English law. A 
 pregnant woman ; a mother ; a wife. Diff. 
 25. 4. Id. 37. 9. Calv. Lex. PartHS se- 
 qnitur ventrem, (q. v.) "If a man hath 
 issue two sons by divers venters^'' Litt. 
 sect. 6. " If a man hath issue a son and a 
 daughter by one venter, and a son by an- 
 other venter, and the son of the first venter 
 purchase lands," &c. Id. sect. 7. 
 
 An unborn child. Dig. 25. 5. Id. 25. 
 6. Id. 37. 9. Tayl. Civ. Law, 248. 
 Fleta, lib. 6, c. 23, § 20. 
 
 VENTRICES. L. Lat. In old English 
 law. Fanners of threshed grain. Fleta, 
 lib. 2, c. 82, § 2. 
 
 VENTRITICUM. See Molendinum. 
 -■■%• VENUE, Visne. L. Fr. and Eng. [from 
 L. Lat. visnetum, neighborhood.] In plead- 
 ing and practice. A neighborhood; the 
 neighborhood, place or county in which an 
 injury is declared to have been done, or 
 fact declared to have happened. 3 £1. 
 Com. 294. Steph. PI. 280. 
 
 The statement in a declaration, of the 
 county in which a fact happened. To 
 " lay a venue," is to allege a place. Id. 
 281,283. 
 
 A jury summoned from a particular 
 county or place. " The venue was to come 
 from Oxford." Id. ibid. 
 
 The county in which an action is intend- 
 ed to be tried, and from the body of which 
 the jurors who are to try it are summoned. 
 "To change the venue," is to direct the 
 trial to be had in a different county from 
 that where the venue is laid. 1 Tidd's 
 Pr. 602, et seq. 
 
 *;^* The term venue is particularly ap- 
 plied in pleading, to the statement of the 
 county in the margin of the declaration, in 
 
 its commencement. It was also applied m 
 England, until recently, to the statement in 
 the body of pleadings, of a place at which 
 each traversable fact alleged happened ; the 
 rule, as technically expressed, being that 
 every material and traversable allegation 
 should be laid with a venue. Steph. PL 
 281. But by Reg. Gen. of Hil. Term, 4 
 Will. IV. it was provided that no venue 
 should be stated in the body of the de- 
 claration, or in any subsequent pleading. 
 Id. 287. 
 
 The original and proper form of this 
 word seems to have been visne, being that 
 in which it occurs in the oldest reports. 
 Le brefe defaire venir les 24,fuit del visae 
 de Loundres, et nemy del visne de Friday 
 strete ; the writ to cause the twenty-four 
 to come [the venire for the 24 jurors] was 
 of the visne of London, and not of the visne 
 of Friday street. Tear Booh, M. 18 Edw. 
 IL 827. See Tear Book, P. 12 Ric. IL 
 641. Visne is used for venue as late as 
 1630. Tryeh Jus. Filiz. 231. The L. Lat. 
 visnetum, used by Bracton, closely corre- 
 sponds with this form of the word. See 
 Visnetum. Visinetus (q. v.) is used in the 
 Register. Heg. Orig.ZZ. Kereew is an old 
 form given in Cowell and Blount. Venue 
 seems properly to denote a coming (from 
 verier, to come,) and is so used in the stat- 
 ute of Westminster 1. See infra. 
 
 VENUE. L. Fr. [from vener, to come.] 
 In old English law. A coming ; a resort- 
 ing or resort. Per le venue des graunds 
 gents ; by the resort of great men. Stat. 
 Westm. 1, c. 1. 
 
 VER. The old Scotch form of the Sax. 
 were. Skene ad Reg. Maj. lib. 3, c. 19. 
 Spelman. 
 
 VERBA. Lat. (plur. of verbum, q. v.) 
 Words. Verba artis ex arte. Words of 
 
 art [are to be taken] according to art. If 
 technical terms are employed in a contract, 
 they are to be taken in a technical sense. 
 2 Kenis Com. 556, note. 
 
 Verba acdpienda ut sortientar effectum. 
 Words are to be taken [so as] that they 
 may have effect. Bacon's Arg. Jurisd. of 
 Marches, Works, iv. 258. 
 
 Verba sepivoca, ac in dubio sensa posita, 
 intelliguntur digoiori et potentiori sensn. 
 
 Equivocal words, and such as are put in a 
 doubtful sense, are [to be] understood in 
 the more Worthy and effectual sense. 6 
 Co. 20 a, Gregory's case. Thus, where 
 "the feast of St. Michael" is spoken of, if 
 there are two feasts, it shall, bo intended of 
 
VER 
 
 (580) 
 
 YER 
 
 the most worthy and notorious feast. Year 
 Book, 20 Hen. VI. 17. So if mention be 
 made of "J. S." generally, it shall be in- 
 tended of the father, or of the eldest son, 
 for they are the most worthy. Tear 
 Book, 37 Hen. VI. 29 b. 21 Hen. VI. 8, 
 13 Hen. IV. 4 b. So where "any court 
 of the queen, of record," is spoken of, it 
 shall be intended " one of the four eminent 
 and excellent courts at Westminster." 6 
 Co. 19 b. 
 
 Verba aliquid operari dcbent. Words 
 ought to work or operate somewhat ; words 
 ought to have some operation or effect.* 
 "Words are so to be understood that they 
 work somewhat,, and be not idle and frivo- 
 lous." Bacon! s Max. 1 8, in reg. 3. See 
 Verba cum effectu, &c. Mr. Duer refers to 
 Rutherford, (vol. 2, 312,) as furnishing an 
 admirable illustration of this rule, in its 
 application to a supposed bequest. A tes- 
 tator devises all his plate, with the excep- 
 tion of 1,000 ounces, to his eldest son, and 
 directs him, within a certain time after his 
 decease, to deliver the 1,000 ounces to his 
 younger son, of such sort, and in such 
 pieces as he pleases. The words " as he 
 pleases," may be referred to either son ; 
 but apply them to the elder and they are 
 useless, since without them he would have 
 all the discretion they purport to give ; but 
 apply them to the younger, and they are 
 rendered effectual, by conferring on him a 
 valuable privilege that otherwise he could 
 not have claimed. 1 Duer on Ins. 216. 
 ' Verba fortius accipiuntur contra proferen- 
 tem. Words are to be taken most strongly 
 against him who uses them. Bacon's Max. 
 11, , reg. 3.. "This rule," observes Lord 
 Bacon, " that a man's deeds and his words 
 shall be taken strongliest against himself, 
 though it be one of the most common 
 grounds of the law, is, notwithstanding, a 
 rule drawn out of the depth of reason ; 
 for first, it is a schoolmaster of wisdom and 
 diligence in making men watchful in their 
 own business ; next, it is author of much 
 qU|iet and certiainty, and that in two sorts : 
 first, because it favoureth acts and convey- 
 ances executed, taking them still benefi- 
 cially for the grantees and possessors ; and 
 secondly, because it makes an end of many 
 questions and doubts about construction of 
 words ; for if the labour were only to pick 
 out the intention of the parties, every 
 judge would have a several sense, whereas 
 this rule doth give them a sway to take the 
 law more certainly one way." Id. ibid. 
 
 This maxim seems to have been purpose- 
 ly given by Lord Bacon in its most gene- 
 ral terms ; and is so quoted by Blackstone. 
 2 Bl Com. 280. Lord Coke confines it 
 to written instruments, or charters, and the 
 maxim is generally quoted after him. Verba 
 cbartarum fortius accipiuntur contra profe- 
 rentem. The words of charters [deeds or 
 written instruments,] are taken most strong- 
 ly against him who uses them. Co. Litt. 
 36 a. 13 East, 80. Broom's Max. 254, 
 [456.] It is applied in the construction 
 of pleadings, as well as of conveyances and 
 contracts. Id. 254—258, [461—464.] Be- 
 ing, however, a rule of some strictness and 
 rigor, it is, according to Bacon, " the last 
 to be resorted to, and is never to be relied 
 upon but where all other rules of exposi- 
 tion of words fail ; and if any other come 
 in place, this giveth place." Bac. Max. 1 6. 
 2 Bl. Com. 380. See 1 Dwr on Ins. 
 210, 211. 
 
 Verba cum effectu sunt accipienda. Words 
 
 are to be taken with effect, or so as to 
 have effect. Bacon's Max. 18, in reg. 
 3. This maxim is derived from the civil 
 law. Calv. Lex. See Verba aliquid ope- 
 rari debent. 
 
 Verba debent intelligi ut aliquid operentnr. 
 Words ought to be understood so as to 
 have some operation. 8 Co. 94 a, Edward 
 Fox's case. 
 
 Verba dicta de persona intelligi debent de 
 Conditione personffi. Words spoken of a 
 person are to be understood of the condi- 
 tion of the person. 2 Roll. R. 72. 
 
 Verba generalia generaliter sunt intcUigen- 
 da. General words are to be understood 
 generally. 3 Inst. 76. That which is 
 generally spoken shall be generally under- 
 stood, unless qualified by some special sub- 
 sequent words. Shep. Touch. 88. Co. 
 Litt. 42 a. But see the following maxim. 
 
 Verba generalia restringuntur ad habilita- 
 tem rei Vel persons. General words are 
 to be restricted to the capacity of the thing 
 or person, [of which they are spoken.] 
 " All words, whether they be in deeds or 
 statutes, or otherwise, if they be general 
 and not express and precise, shall be re- 
 strained to the fitness of the matter or per- 
 son. As if I grant common in omnibus 
 terris meis [in all my lands] in D. and I 
 have in D. both open grounds, and several, 
 [enclosed,] it shall not be stretched to com- 
 mon in my several, much less in my gar- 
 dens and orchards. Ferk. pi. 103. So, 
 if I grant to a man omnes arbores meas cres- 
 
VER 
 
 (581) 
 
 VER 
 
 centes super terras meas in D. [all my trees 
 growing upon my lands in D.J be shall not 
 have apple trees or other fruit trees growing 
 in my gardens or orchards, if there be any 
 other trees upon my ground. 14 Hen. 
 VIII. 2. So, if I grant to J. S. an annuity 
 of X. I. a year, pro consilio impenso et im- 
 pendendo, [for his counsel given and to be 
 given,] if J. S. be a physician, it shall be un- 
 derstood of his counsel in physic; and if 
 he be a lawyer, of his counsel in law. 41 
 Mw. III. 6, 19. So, if I do let a tene- 
 ment to J. S. near by my dwelling-house 
 in a borough, provided that he shall not 
 erect or use any shop in the same with- 
 out my license, and afterwards I license 
 Mm to erect a shop, and J. S. is then a mil- 
 ler, he shall not, by virtue of these general 
 words, erect a joiner's shop." Bacon's 
 Max. 50, 51, reg. 10. See, for other illus- 
 trations. Broom's Max. 275 — 278, • [501 
 — 505.] This is a maxim of the civil law, 
 as Lord Bacon mentions in another pas- 
 sage. " It is a rule that general words shall 
 never be stretched too far in intendment, 
 which the civilians utter thus : Verba gene- 
 ralia restrjngnntnr ad habilitatem persons 
 vel ad aptitndinem rei." Bacon's Max. 17, in 
 reg^S. 
 
 Verba in different! materia per prins, non 
 per posterins, intelligerida sunt. Words on 
 a different subject are to be understood by 
 what precedes, not by what comes after. 
 A maxim of the civil law. Calv. Lsx. 
 Spiegelius. 
 
 Verba intelligenda sunt in casn possibili. 
 Words are to be understood in [of] a pos- 
 sible case. A maxim of the civil law. 
 Calv. Lex. Accursius in Inst. 3. 14, De 
 obligationibus, § 1. 
 
 Verba intentioni, ct non e contra, debent 
 inservire. The words [of an instrument] 
 ought to subserve the intention of the party, 
 and not the reverse, [i. e. the intention, the 
 words.] 8 Co. 94 a, Edward Fox's case. 
 One of the most ancient and important max- 
 ims of construction of deeds as well as wills. 
 1 Spence's Chancery, 527. The construction 
 should be as near to the minds and appa- 
 rent intents of the parties, as possible it 
 may be, and law will permit. Shep. 
 Touch. 86. Otherwise more briefly express- 
 ed. Verba intentioni debent inservire. 2 
 
 Bl Com. 379. 2 Kent's Com. 555. The mu- 
 tual intention of the parties to the instru- 
 ment is the great, and sometimes the diffi- 
 cult object of inquiry, when the terms of 
 it are not free from ambiguity. To reach 
 
 and carry that intention into effect, the 
 law, when it becomes necessary, will con- 
 trol even the literal terms of the contract, 
 if they manifestly contravene the purpose ; 
 and' many cases are given in the books, m 
 which the plain intent has prevailed over 
 the strict letter of the contract. Id. 554, 
 and note. 
 
 Verba ita sunt intelligenda, nt res magis 
 
 valeat quam pereat. The words [of an in- 
 strument] are to be so understood, that the 
 subject matter may rather be of force than 
 perish, [rather be preserved than destroyed, 
 or, in other words, that the instrument may 
 have effect, if possible.] Bacon's Max. 17, 
 in reg. 3. Flowd. 156. 2 BL Com. 380. 
 2 Kent's Com. 555. A leading maxim of 
 construction, very commonly expressed by 
 its latter clause, Ut res magis valeat quam 
 pereat, (q. v.) and sometimes still more 
 briefly, Ut res Taleat. 
 
 Verba mere aequivoca, si per eommunem 
 usum loquendi in intellectu certo snmuntur, 
 talis intelleetus praeferendns est. [In the 
 case of] words merely equivocal, if they are 
 taken by the common usage of speech in a 
 certain sense, such sense is to be preferred. 
 A maxim of the civil law. Calv. Lex. Za- 
 sius. Prateus. 
 
 Verba nihil operari melius est quam ab- 
 surde. It is better that words should have 
 no operation at all, than [that they should 
 operate] absurdly. A maxim of the civil 
 law. Calv. Lex. Baldus. Oldendorpius. 
 
 Verba non tarn intuenda, quam eansa et 
 natura rei, ut mens contrabentium ex eis po- 
 tius quam ex verbis appareat. The words 
 [of a contract] are not so much to be loot- 
 ed at, as the cause and nature of the thing 
 [which is the subject of it,] in order that 
 the intention of the contracting parties 
 may appear rather from them than from the 
 words. A maxim of the civilians. Calv. 
 Lex. Baldus. Oldendorpius. Prateus. 
 
 Verba oftendi possnnt, imo ab eis recedere 
 iieet,-ut verba ad sanum intelleetum redu- 
 eantur. Words may be opposed [taken 
 in a contrary sense,] nay, we may disre- 
 gard them altogether, in order that the 
 [general] words [of an instrument] may be 
 restored to a sound meaning. A maxim of 
 the civilians. Calv. Lex. Spiegelius. Prateus. 
 
 Verba ordinationis quando verificari pos- 
 snnt in sua vera significationc, trahi ad ex- 
 trancum intelleetum non debent. When the 
 words of an ordinance can be carried into 
 effect in their own true meaning, they 
 ought not to be drawn to a foreign intend- 
 
VER 
 
 (582 ) 
 
 VER 
 
 ment. A maxim of the civilians. Calv. 
 Lex. Spiegelius. 
 
 Verba posteriqra propter certitndinem ad- 
 dita, ad priora quse certitndine indigent, sunt 
 referenda! Subsequent words, added for 
 the purpose of certainty, are to be re- 
 ferred to the preceding words which require 
 the certainty. Wingate^s Max. 167, max. 
 53. Broom's Max. 253, [449.] 
 
 Verba pro re et snbjecta materia aecipi de- 
 bent. Words ought to be understood in favor 
 of the thing and subject matter. A maxim 
 of the civilians. Calv. Lex. Baldus. Prateus. 
 
 Verba pantamris generalia, ad aptitudi- 
 nem restringuntur, etiamsi nnllam aliam pa- 
 terentnr restrictionem. Words, however 
 
 general they may be, are restrained for the 
 purpose of adaptation, even though they 
 may admit of no other kind of restriction. 
 A maxim of the civilians. Zasius. Spie- 
 gelius. Prateus. 
 
 Verba qus aliquid operari possunt non de- 
 bqnt esse superflua. Words which can 
 have any kind of operation, ought not to be 
 considered superfluous. Calv. Lex. Spie- 
 gelius. Prateus. 
 
 Verba relata hoc maxime operantnr per 
 referentiam, ut in eis inesse videntur. Re- 
 lated words [words connected with others 
 by reference] have this particular operation 
 by the reference, that they are considered 
 as being inserted in those [clauses which 
 refer to them.] Co. Litt. 9 b, 359 a. Lord 
 Ellenborough, C. J. 14 Hast, 568. Words 
 to which reference is made in an instru- 
 ment, have the same effect and operation 
 as if they were inserted in the clauses re- 
 ferring to them. Broom's Max. 288, [521.] 
 Lord Coke gives the following illustration 
 of this maxim : " If a father enfeoflF a son, 
 to have and to hold to him and to his heirs, 
 and the son enfeoffs the father as fully as 
 the father enfeoflfed him, by this the fa- 
 ther hath a fee simple." Co. Litt. 9 b. 
 It is sometimes more briefly expressed. 
 Verba relata inesse videntnr. Tindal, C. J. 
 4 Man. d; Qr. 4. Heath, J. 5 Taunt. 337. 
 Lord Ellenborough, C. Z.I&M.& S. 212. 
 
 Verba secundum materiam snbjectam in- 
 telligi nemo est qui nesciat. There is no 
 
 one who does not know that words are to 
 be understood according to their subject 
 matter. Calv. Lex. Baldus. . Spiegelius. 
 
 Verba semper accipienda sunt in mitiori 
 
 Sensu. Words are always to be taken in 
 the milder sense. 4 Co. 13 a. An old 
 maxim in the law of slander, now exploded. 
 See Miiior sensus. 
 
 Verba strict^ significationis ad latam ex- 
 tendi possunt, si subsit ratio. Words of a 
 strict or narrow signification may be ex- 
 tended to a broad meaning, if there be 
 ground in reason for it. A maxim of the 
 civilians. CaJv. L^x. Spiegelius. Prateus. 
 
 Verba sunt indices animi. Words are 
 
 the indices or indicators of the mind or 
 thought ; words are the exponents of inten- 
 tion. Latch, 106. See Index animi sermo. 
 
 VERBA CANCELLARI^. L. Lat. 
 Words of the chancery. The technical 
 style of writs framed in the oflSce of chan- 
 cery. Fleta, lib. 4, c. 10, § 3. 
 
 VERBA PRECARIA. Lat. In the 
 civil law. Precatory words; words of 
 prayer or entreaty ; words of trust, or used 
 to create a trust, (verba fidei-commissaria.) 
 Such as peto, (I beg;) rogo, (I ask;) volo, 
 (I will ;) mando, (I commend.) Also de- 
 precor, (I entreat;) eupio,(jL desire;) in- 
 junge, (I enjoin ;) desidero,(I desire.) Calv. 
 Lex. The most common words of trust 
 were peto, rogo, volo, mando, fidei turn 
 commitio. Inst. 2. 24. 3. 
 
 VERBAL CONTRACTS. In the civU 
 law. Contracts in which, besides the con- 
 sent of the parties, a solemn form of words 
 was required to perfect the obligation. 
 Hallifax, Anal. b. 2, c. 16, num. 1. They 
 were chiefly two ; stipulation and fidyus- 
 sion. Id. ibid. See Inst. 3, 16, De verbo- 
 rum obligationibus. 
 
 VERBERA. Lat. In old English law. 
 Blows; beatings. Fleta, lib. 2, c. 53, § 1. 
 
 VERBERARE. Lat. In the civil law. 
 To beat, so as to cause pain, (eum dolore 
 ccedere.) Calv. Lex, Distinguished from 
 pulsare, (q. v.) 
 
 VERBUM. Lat. [fi;om verum, true.] 
 A word; an expression, or saying ; a clause. 
 Calv. Lex. Verhorum ordo ; the order of 
 words ; the orderly arrangement of words 
 in writs. Fleta^ lib. 4, c. 10, § 3. 
 
 VERD. [from Lat. viridis, green.] In 
 forest law. The privilege of cutting green 
 wood within a forest for fuel. Spelman. 
 Called, also, greenhew, (q. v.) 
 
 The right of pasturing animals in the 
 forest, otherwise called herbage. Id. See 
 Skene de Verb. Signif. 
 
 VERDEROR. [h.L&i.viridarius ; Fr. 
 verdeur, from verd, or vert, q. v.] In forest 
 law. An ofiicer of the forest, sworn to 
 maintain and keep the assises of the forest, 
 and to vi«w, receive and enrol the attach- 
 ments and presentments of all manner of 
 trespasses of vert and venison in the forest. 
 
VER 
 
 (683) 
 
 YER 
 
 Manwood, part 1, p. 332. His office is 
 properly to look to the vert, and see it well 
 maintained. Cromp. Jur. 165. Cowell, 
 The verderors sit in the courts of attach- 
 ments and swein-mote. 3 £1. Com. 71, 72. 
 
 VERDICT. [Lat. veredietum, from vere, 
 truly, and dictum, said ; or Veritas, truth, 
 and dictum, a saying ; L. Fr. verdit, ver- 
 dist.'] In practice. Literally, a saying or 
 declaration of the truth, (veritatis dictum.) 
 The opinion declared hy a jury as to the 
 truth of matters of fact submitted to them 
 for trial. The determination of a jury upon 
 the matters of fact in issue in a cause, after 
 hearing the case, the evidence, and the 
 charge of the court. The finding of a jury 
 in favor of one or the other party to an 
 action at law, with such damages (in case 
 of a finding for the plaintiflp,) as they con- 
 sider him entitled to. See 3 £1. Com. 
 375—378. 
 
 Cowell defines a verdict to be " the an- 
 swer of a jury made upon any cause, civil 
 or criminal, committed by the court to their 
 examination." This is literally true of the 
 verdict in criminal cases, which is in terms 
 of exact response to a question ; the ques- 
 tion submitted to the jury being in effect, 
 " Is the party accused guilty or not guilty ?" 
 the answer or verdict, — " guilty," or " not 
 guilty." In civil cases, a verdict, though 
 substantially an answer, also, is in its form 
 a report, or, in technical language, a "Jind- 
 inff ;" its language ^being, — "We^Wfor 
 the plaintiff (so much) damages," or "We 
 find for the defendant." See Finding. 
 
 *^* The derivation and component ele- 
 ments of this word may be very satisfactorily 
 illustrated by a reference to the practice in 
 trials by jury, as laid down in the oldest 
 books. The oath of a juror, on the trial of 
 assises, is given by Bracton in the following 
 terms : Hoc auditis justitiarii, quod veei- 
 TATBM DiCAM de assisa ista, &c. et pro ni- 
 hilo omittam quin vbritatbm dicam, sic me 
 Deus adjuvet, et hcec^sancta. Hear this, ye 
 justices, that / will say the truth of this 
 assise, &c. and for nothing will I omit to 
 say the truth. So help me God, and these 
 holy [gospels.] Bract. h\. 185. SeeFleta, 
 lib. 4, c. 9, § 1. The words of the oath in 
 the parallel passage of Britton are as fol- 
 lows : Ceo ayes vous justices, quejeo vbeite 
 DiBEAY de ceste assise, dec. et pur riene ne 
 lerray quejeo vekitb dikray, si Dieu moy 
 eyde et les seyntz. Britt. c. 62. The oath 
 of a juror, corresponding to the modern 
 grand juror, is given by Bracton in the fol- 
 
 lowing words : Hoe audite justitiarii, quod 
 ego vBRitATEM DiOAM dc hoc quod b, me in- 
 terrogahitis ex parte domini Regis, et fideli- 
 terfaciam id quod mihi prcecipietis ex parte 
 domini Regis, et pro aliquo non omittam 
 quin ita, faciam pro posse meo, sic me Deus 
 adjuvet et hcec sancta Dei evangelia. Hear 
 this, ye justices, that / uiill say the truth of 
 that which ye shall ask of me on behalf of 
 the lord the king, and I will faithfully do 
 that which ye shall give in charge to me 
 in behalf of the lord the king, and for any 
 thing wiU I not omit so doing, as far as I 
 am able. So help me God, and these holy 
 gospels of God. ^mc<. fol. 116. The em- 
 phatic words of these oaths,^-veritatem, di- 
 cam, — verite dirray, clearly show the com- 
 position of the Latin veredietum, and French 
 verdit, (used by the writers above quoted,) 
 from which the English verdict is formed ; 
 the word, in fact, being essentially French. 
 See Verdit. In stating the practice on the 
 trials of assises, Bracton proceeds to say, 
 that the jurors having made the oath, should 
 retire to some private place, and there de- 
 liberate among themselves upon the matter 
 given them in charge ; and that no person 
 should have access to, nor speech with 
 them, until they had declared their verdict, 
 (donee suum dixerunt veredietum;) nor 
 should they themselves, by sign or word, 
 communicate to any one what they intend- 
 ed to say. And he then adds : " Coniingit 
 etiam multotiens quod juratores in vebi- 
 TATE DiCBNDA lunt siH contrarii, ita quod 
 in unam declinare non possunt sententiam ;" 
 it happens also very frequently that the 
 jurors in saying the truth, [this is the literal 
 meaning, — in modern phraseology, "in de- 
 claring their verdict,"] are of different 
 minds, so that they cannot settle into one 
 opinion. Bract, fol. 185 b. See Fleta, 
 lib. 6, c. 12, § 2. Truth, then, was, at 
 this early period of practice, of the essence 
 of a verdict, in the grammatical sense of 
 the term. The juror's oath was "to say 
 the truth;" — his verdict, "the saying of 
 the truth," The modern expression "a 
 true verdict" would have then been a pleo- 
 nasm ; a false verdict would have been an 
 absurdity in terms. Hence, where the 
 finding of a jury is mentioned by Bracton, 
 as subject to be termed true or false, the 
 simple word dictum is constantly used. If 
 true, it was termed verum dictum, or ver- 
 dict proper; ii Mse, falsum dictum, a Mse 
 saying. Bract, fol. 186. See Fleta, lib. 
 4, c. 17, § 9. The jurors were said, verita- 
 
VER 
 
 (584) 
 
 VER 
 
 tern dicere, to say the truth, and mendacium 
 dicere, to say a falsehood, according to the 
 case. Bract, fol. 185 b. Veredictum, in 
 other words, was never applied to a false 
 finding ; a false verdict was no verdict at 
 all. The grd&t rule, in fine, applied by 
 Bracton to a juror's oath was : Veritas ha- 
 
 beuda est in juratore, jnstitia et jndicinm in 
 jndice. Id. 186 b. 
 
 Dictum, it may be further observed, is 
 frequently used by the writer last named, 
 as the equivalent of veredictum. Cum au- 
 tem, post sacramentum suum, dixerint vere- 
 dictum suum, sive pro una parte sive pro 
 alia, secundvmi eorum dictum proferetur 
 judicium. 5ract fol. 185 b. The finding 
 of the jury was also sometimes termed ^m- 
 didum, (a judgment ;) though as a general 
 rule, judgment was the province of the 
 court, gee Id. fol. 186 b. 
 
 VERDIST, Vereduist. L. Fr. In old 
 English law. Verdict.' Ut soloncleverdist 
 du pays sur ceo charge, soient juges ; and 
 according to the verdict of the country 
 upon this charge, they shall be judged. 
 Britt. c. 22. £!t solonc le verdist, se face 
 le jugement ; and according to the verdict, 
 shall the judgment be. Id. c. 68. The 
 more common form of this word was ver- 
 dit, (q. v.) 
 
 VERDIT. L. Fr. [from ver, true, and 
 dit, a saying.J In old EngUsh law. Vei> 
 diet; a declaration by a jury of the truth 
 of a matter in issue, submitted to them for 
 trial. Come ilz serrount de un accord, 
 tauntost voysent a, la barre devaunt les jus- 
 tices, a doner lour verdit ; et solonc lour 
 verdit soit jugement rendu pour undes par- 
 ties; as soon as they [the jurors] shall be 
 of one accord, they shall go to the bar, be- 
 fore the justices, to give their verdict, and 
 according to their verdict shall judgment 
 be rendered for one of the parties. Britt. 
 c. 53. The English "verdict" seems to 
 be immediately derived from this word. 
 
 VEREBOT. Sax. In old records. A 
 packet boat, or transport vessel. Cowell. 
 
 VEREDI. Lat. In the civil and old 
 European law. Public post horses. Cod. 
 12. 51. 4, 7, 12, 13, 15. Calv. Lex. See 
 Paraveredus. 
 
 VEREDICTUM. L. Lat. [from verb, 
 truly, or verus, true, and dictum, a saying.] 
 In old English law. A verdict ; a declara- 
 tion of the truth of a matter in issue, sub- 
 mitted to a jury for trial. Slatim dicatur 
 eis, quod de quolibet capitulo, separatim et 
 per se, sufficienter, distincte, et aperte respond- 
 
 eant in veredicto suo ; it shall be immedi- 
 ately said to them, that to every article, 
 separately and by itself, they shall make a 
 suflScient, distinct, and open answer in 
 their verdict. Bract. foL 116. ^Yeto, lib. 
 4, c. 9. Id. lib. 5, c. 12. See Verdict. 
 
 VERECTUM. L. Lat. In old EngUsh 
 law. Fallow-ground. Domesday. Cowell. 
 See Warectum. 
 
 VEREK. L. Fr. Wreck. Kelham. 
 
 VEREY. L. Fr. [from Lat. verus.^ In 
 old English law. True. A la verey value; 
 at the true value. Britt. c. 18. De la 
 verey value. Id. c. 21. Que n^est my e son 
 veiejejuge; who is not his true or proper 
 judge. Id. c. 121. See Verray, Verrey. 
 
 VERGE. L. Fr. and Eng. In English 
 law. A privileged space around, or imme- 
 diately adjoining the king's palace or resi- 
 dence. See Pax regis. The compass of 
 the jurisdiction of the Court of theMar- 
 sbalsea or Palace Court. 3 Bl. Com. 76. 
 Sit que le mareshal de nostre hostel tiegne 
 nostre lieu dedans la verge de nostre hostel; 
 and that the marshal of our household hold 
 our place within the verge of our house- 
 hold. Britt. fol. 1 b. " We see further, 
 that the law doth so esteem the dignity of 
 the king's settled mansion-house, as it hath 
 laid unto it a plot of twelve miles round, 
 which we call the! verge, to be subject to a 
 special and exempted jurisdiction depend- 
 ing upon his person and great officers. 
 This is as a half-pace or carpet spread 
 about the king's chair of state," &c. Ba- 
 corHs Charge upon the Commission for the 
 Verge; Works, iv. 383, 384. 
 
 VERGE. L. Fr. [from Lat. virga, q. v.] 
 In old English law. A rod, wand or stafi^, 
 used as an ensign of office. Et puis preig- 
 nent les justices les verges del viscounte, 
 &c. — £It apres le serement fait, luy soit la 
 verge rendue. And then the justices shall 
 take the staves of the sheriff, &c. — And 
 after the oath made, the staff shall be re- 
 turned to him. Britt. c. 2. 
 
 VERGEN8 AD INOPIAM. L. Lat. 
 In Scotch law. Verging towards pover- 
 ty ; in declining circumstances. 2 KameS- 
 Equity, 8. 
 
 VERGERS. [L. Lat. virgat(yres:\ In 
 English law. Officers who carry white 
 wands before the justices of either bench. 
 Cowell. Mentioned in Fleta, as Officers of 
 the king's court, who oppressed the people 
 by demanding exorbitant fees, (^gravia 
 feoda petentes.) Fleta, lib. 2, c. 38. 
 
 VERIFICARE. Lat. [from verus, true, 
 
VER 
 
 (585) 
 
 VE8 
 
 and facere, to make.] In old pleading. 
 To make out or prove to be true ; to veri- 
 fy. Fleta, lib. 5, c. 37, § 4. See Et hoc 
 paratus est verificare. 
 
 VERIFICATION. [Lat. verijicaiio, {rom 
 verificare, to verify.] In pleading. Liter- 
 ally, a making out to be true ; the proving 
 of an assertion to be true ; called, in the 
 old books, an averment. An assertion of 
 the ability of the pleader to prove thfe mat- 
 ter alleged in his plea. 6 Man. dt Or. 37, 
 note (c.) A formula with which all affirm- 
 ative pleadings, not concluding to the 
 country, are iigquired to conclude, and 
 which is usually expressed in the follow- 
 ing words: "And this the said plaintiff" 
 (or defendant,) "is ready to verify." 
 Steph. PI. 433, 434. 
 
 VERIFY. [L. Lat. verificare, q. v.] 
 In pleading. To make out to be true ; to 
 prove. See Verification. 
 
 VERITAS. Lat. [from verus, true.] 
 Truth ; verity. Veritas a quocunque dici- 
 tur, a Deo est; truth, by whomsoever it 
 is spoken, is of God. 4 Inst. 153. 
 
 Veritas nihil veretur nisi abscondi. Truth 
 fears nothing but to be hid. 9 Co. 20 b, 
 Case of avowry. 
 
 Veritas nimium altercando amittitur, 
 Truth is lost by excessive altercation. 
 Eoh. 344. 
 
 Veritas nominis tollit errorem demon stra- 
 tioilis. The truth of the name removes 
 [the effect of] . error of demonstration. 
 Bac. Max. reg. 25. A well-known maxim 
 frequently applied in construing wills. 8 
 Taunt. 313. 2 Jonei (N. C.) Eqviity R. 
 
 72. See PrEBsentia corporis, tollit, &c. 
 
 VERITE, Veritee. L. Fr. [from Lat. 
 Veritas, q. v.] Truth. Puesse dire sa 
 grosse veritee ; may relate the whole truth 
 of his case. Kelham. 
 
 VERRAY, Verrai, Verrey, Very. L. Fr. 
 [from Lat. verus, q. v.] In old English law. 
 True. A chescun verray heire; to every 
 true heir. Britt. c._118. Si la cause soit 
 verrey; if the reason be true. Id. c. 28. 
 Encontre lea verreys heires. Id. c. 43. A 
 la very value. Id. c. 53. Squn verrai ten- 
 aunt; his immediate tenant. Yearb. H. 
 2 Edw. IL 27. 
 
 VERS. L. Fr. [from L. Lat. versus, 
 q. v.] In old practice. Against. Excep- 
 cions vers lejuge, ou vers le pleyntyfe, vers 
 qui il purra dire ; exceptions against the 
 judge or againstthe plaintiff, against whom 
 he may say. Brilt. c. 57. The same with 
 envers, (q. v.) 
 
 VERSARL Lat. In the civil law. To 
 be employed ; to be exercised ; to be con- 
 tinually engaged ; to be conversant. Ver- 
 sari male in tutelA; to misconduct one's 
 self in a guardianship. Calv. Lex. Versari 
 in lucro ; to be in gain, or a gainer. Id. 
 
 VERSUS. L. Lat. In practice. Against; 
 an abbreviation of the Lat. adversus. Used 
 by Bracton indifferently with contra, (q. v.) 
 Actio competit contra eum; an action lies 
 against him. Bract, fol. 103 b. Actio 
 datur versus eum; an action is given 
 against him. Id. ibid. Retained in mod- 
 ern practice, in the titles of causes, but 
 commonly in its contracted forms, vs, 
 and V. The Fr. form vers frequently oc- 
 curs in Britton. See Vers, Vs. 
 
 VERT, [from Fr. verd, from Lat. viri- 
 dis, green.] In forest law. Every thing 
 that grows and bears green leaf within the 
 forest, that may cover a deer. Manwood, 
 part 2, fol. 6, 33. Otherwise called green- 
 hue, and iDy Blackstone green-swerd. 
 " Vert and venison " is an expression used 
 to denote the wood of a forest, and the 
 animals or deer in it. 4 Inst. 289. 3 
 Bl. Com. 71. 1 Crabb's Peal Prop. 486. 
 Over-vert is high wood, {hault hois;) 
 nether-vert is underwood, {south hois, or 
 sub-bois.') Cowell. \ 
 
 VERUS. In old English law. True. 
 Verus dominus; the true lord. Bract, fol. 
 210. Meum verum et legitimum, ordino, 
 facio et consiituo procuratorem ; 1 ordain, 
 make and constitute my true and lawful 
 attorney. Peg. Orig. 306. From this 
 word were formed the L. Fr. ver, verray, 
 verrey, vereye, and very; the last being 
 also used as an English word. See Very. 
 
 VERY. L. Fr. and Eng. [from Lat. 
 verus, "q. v.] True ; actual ; immediate. 
 " Very lord, and very tenant " (verus domi- 
 nus et verus tenens,) is used in the old 
 books to denote those that ■ypere immediate 
 lord and tenant one to the other. Bro. 
 Abr. Hariot. 23. 0. JV. B. 42. A man 
 was not "very tenant," until he had at- 
 torned to the lord by some service. Cow- 
 ell. A la very value ; to the true value. 
 Britt. c. 53. Ze very cas fuit ; the case 
 in fact was. Dyer, 62, (Fr. ed.) 
 
 VESQUE, Veske. L. Fr. A bishop, 
 Kelham. 
 
 VESQUIR. L. Fr. To live. Si il 
 vesquist ; if he was alive. Kelham. 
 
 VESSEL is used, in maritime law, as a 
 synonyme of ship, and-ip the same general 
 sense. See 3 Ken(s Com. 129—363. As 
 
VES 
 
 (586) 
 
 VES 
 
 between tlie terms themselves, vessel seems 
 to be the one of larger import, as it un- 
 doubtedly is in popular acceptation. " To 
 the term vessel generally," observes M. 
 Jacobsen, " we affix but a very indefinite 
 idea; originating in the infancy of com- 
 merce, from L. 1. § 6, D. de ezercitoria 
 actione, [Biff. 14. 1. 1. 6.] in which all 
 vessels are termed ships, and this want of 
 precision still prevails in the law, and 
 among its professors." Jacobsen's Sea 
 Laws, citing Stypniann Jus Marit. pars, 
 iii. cap. 148. Straccha, pars, i — 2. Co- 
 sareffis disc, i — 29. By the English statute 
 of 5 & 6 Will. IV. "ship" is declared 
 to comprehend every description of vessel 
 navigating on the sea, and " steam vessels" 
 employed in carrying passengers or goods 
 are trading ships. Under the term vessel, 
 it was said by Mr. J. Patteson, in a late 
 English case, a boat would, in common 
 pariance, be included. 4 Carr. dc P, 559. 
 See Id. 569. 
 
 Vessel occurs as a L. Fr. word in the 
 old boots. Des neyes hors de meer en nos- 
 tre royalme cheys hors de vessel, volons 
 ausi que le vessel, et, &c. Britt. c. 1. 
 
 VEST, [from Fr. vester, Lat. vestire, to 
 clothe.] To clothe with possession ; to 
 deliver full possession of land or of an 
 estate ; to give seisin ; to enfeoff. SpeU 
 man, voc. Vestire. See Devest, Invest. 
 
 To pass to a person ; to become fixed 
 in a person ; to give an immediate right 
 of present enjoyment ; to give a present 
 fixed right of future enjoyment ; to give a 
 legal or equitable seisin.* 4 Rents Com. 
 202. A statute or conveyance is said " to 
 vest an estate in a person ;" an estate is 
 said "to vest or be vested in a person." 
 Id. 238, 245. In the old books, a person 
 is said to be " vested of" an estate. " Any 
 interest whereof the iing was vested." 
 Bacon's Works, iv. 234. 
 
 VESTED LEGACY. A legacy, the 
 right to which vests permanently in the 
 legatee, though the legacy is not payable 
 until a future time.* A legacy to one, to 
 be paid when he attains the age of twenty- 
 one years, is a vested legacy ; an interest 
 which commences in prcesenti, although it 
 be solvendum infuturo; and if the lega- 
 tee dies before that age, his representative 
 shall receive it out of the testator's per- 
 sonal estate, at the same time that it would 
 have become payable, in case the legatee 
 had lived. 2 Bl. Com. 513. 
 
 VESTED REMAINDER. A fixed in- 
 
 terest [in lands or tenements] to tate effect 
 in possession, after a particular estate is 
 spent. 4 Kenfs Cwn. 202. — Vested re- 
 mainders (or remainders executed, whereby 
 a present interest passes to the party, 
 though to be enjoyed infuturo,) are where 
 the estate is invariably fixed, to remain to 
 a determinate person, after the particular 
 estate is spent. As if A. be tenant for 
 twenty years, remainder to B. in fee ; here 
 B.'s is a vested remainder, which nothing 
 can defeat or set aside. 2 Bl. Com. 168, 
 169. 
 
 In New-Yori, a vested remainder has 
 been defined by statute, " when there is 
 a person in being who would have an im- 
 mediate right to the possession of the 
 lands, upon the ceasing of the intermedi- 
 ate or precedent estate." 1 Bev. St. [723,] 
 718, § 13. 
 
 VESTER, Vestre. L. Fr. In old Eng- 
 lish law. To vest ; to enure. Kelham. 
 
 Vestue ; clothed. Contract vestue ; a 
 clothed contract. The opposite of mie ; 
 naked or nude. Britt. c. 28. Obligation 
 doit estre vestue de v. maneres de game- 
 mentz; obligation ought to be clothed in five 
 kinds of garments. Id. ibid. 
 
 VESTIGIUM. L. Lat. In the law of 
 evidence. A trace, or track ; a mark left 
 by a physical object. Vestigia carectoe ; 
 the tracks of a cart. Fleta, lib. 1, c. 26, 
 
 § 6. 
 
 VESTEVfENTUM. L. Lat. [from ves- 
 tire, to clothe.] In old English law. Cloth- 
 ing. A figurative expression denoting the 
 character, quality or circumstance of right, 
 as opposed to the negation or destitution of 
 right, which was compared to a state of 
 nakedness. Possessio est nuda, donee ex 
 tempore et seysina padfica acquiratur ves- 
 timentum ; the possession is naked, until a 
 clothing [i. e. of right] be acquired by time 
 and peaceable seisin. Bract, tai. 160. 
 
 In feudal law. Investiture ; seisin. Lord 
 Mansfield, C. J. 1 Burr. 109, quoting 
 Bract, fol. 160. 
 
 In old English law. The technical form 
 of a contract, requisite to give it effect. 
 Fleta, lib. 2, c. 56, §§ 3, 4. 
 
 VESTIRE. L. Lat. In feudal law. To 
 deliver full possession of land or of an es- 
 tate, {plenam possessionem terrce vel prcedii 
 tradere ;) to give seisin ; (seisinam dare ;) 
 to enfeoff or invest, (infeodare.) Spelman. 
 To clothe with possession. 
 
 In old English law. To clothe a con- 
 tract in the proper form to give it-validity. 
 
VET 
 
 (687) 
 
 VEY 
 
 Such a contract was said to be -vestitum, 
 
 f clothed) as distinguished from nudum, 
 naied.) Fleia, lib. 2, c. 56, § 3. 
 
 VESTITURA. L. Lat. [from vestire, 
 q. v.] In feudal l^w. Investiture ; deliv- 
 ery of possession. Spelman, voc, Vestire. 
 
 VESTURA. L. Lat. [from vestire, to 
 clothe.] In feudal and old English law. 
 Literally, a garment. A possession, or 
 admittance to a possession or seisin. Cow- 
 ell. 
 
 In old English law. A crop of grass or 
 corn, [grain.] Cowell. 
 
 Vest, vesture ; livery, delivery. An al- 
 lowance of some set portion of the pro- 
 ducts of the earth, as corn, grass, wood, 
 &c. for part of the salary or wages to some 
 officer, servant or laborer, for their livery 
 or vest. Id. 
 
 VESTURA TERR^. L. Lat. In old 
 English law. The vesture of the land, 
 that is, the corn, grass, underwood, sweep- 
 age and the like. Co. Litt. 4 b. See 
 Keilw. 48. 4 Leon. 43, Palm. 174. 
 Owen, 37. 
 
 VESTURE. In old English law. Pro- 
 fit of land. " How much the vesture of 
 an acre is worth." Extent. Maner. 4 Edw. 
 I. Cowell. 
 
 VETERA 8TATUTA. Lat. Ancient 
 statutes. The English statutes from Mag- 
 na Charta to the end of the reign of Ed- 
 ward IL are so called ; those from the be- 
 ginning of the reign of Edward III. being 
 contradistinguished by the appellation of 
 Nova statuta, 2 Beeves' Hist. Eng. Law, 
 85. 
 
 VETITUM NAMIUM. L. Lat. [from 
 vetitum, prohibited, and namium, taking ; 
 L. Fr. vee de name, q. v.] In old English 
 law. A refused or prohibited taking or 
 distress ; a refusal to re-deliver a distress ; 
 a prohibition of its being taken again by 
 the owner;* the detention of a distress, 
 {detentio namii.) Bract, fol. 156 b. Lord 
 Coke explains this to be, when the bailiff 
 of a lord distrained beasts or goods, and 
 the lord forbid the bailiff to deliver them 
 when the sheriff came to replevy them, and 
 to that end directed him to drive them to 
 places unknown, or to take such a course 
 as they should not be replevied ; or where, 
 without any word, they were eloined, or 
 so handled by a forbidden course as they 
 could not be replevied, for then they were 
 forbidden in law to be replevied. 2 Inst. 
 140. Vetitum namium has sometimes 
 been considered as the Latin form of wi- 
 
 thernam. 3 Bl. Com. 148. But Lord 
 Coke has clearly shown it to have been a 
 different act or proceeding. 3 Inst. uh. 
 sup. And Bracton expressly calls it de- 
 tentio namii pro districtione facienda ; 
 the detention of a thing taken by way of 
 distress. Bract, fol, 156 b. And see Fleta, 
 lib. 2, c. 47, §§ 32, 33, See Vee de name. 
 
 VETO. Lat. I forbid. The word by 
 which the Roman tribunes expressed their 
 negative against the passage of a law or 
 other proceeding, which was also-^;alled 
 interceding, (intercedere.) Adam's Bom. 
 Ant. 13, 145, 146. 
 
 In modern times, this word has been 
 used to designate the power enjoyed by 
 the executive department of a government, 
 of negativing bills which have been passed 
 by the legislature. Brande. 1 Kent's 
 Com. 239—241. 
 
 VETUSJUS. Lat. The old law ; old 
 law. A term used in the civil law, some- 
 times to designate the law of the Twelve 
 Tables, and sometimes merely a law which 
 was in force previous to the passage of a 
 subsequent law. Calv. Lex. 
 
 A law, principle or doctrine of long 
 standing. Cod. 9. 2. 6. 
 
 VETUSTAS. Lat. [from veius, old.] 
 In the civil law. Antiquity ; ancient or 
 former law or practice ; the same with an- 
 tiquitas, (q. v.) Inst. 8. 1. 15. 
 
 Time out of memory, (tempus quod me- 
 moriam hominum excedit.) Calv. Lex. 
 
 VEUTA TERR^. L. Lat. [from L. Fr. 
 veu de terre.'] View of land. Mentioned 
 by Skene as a French term, corresponding 
 with the Lat. visus terrce. Skene ad. lib. 1. 
 Beg. Maj. c. 9. Spelman. See Visus, 
 View. 
 
 VEXATA QU^ESTIO. L. Lat. A 
 vexed question ; a question often agitated 
 or discussed, but not determined or settled ; 
 a question or point which has been differ- 
 ently determined, and so left doubtful. 7 
 Co. 45 b, Kenn's case. Lord Mansfield, 
 C. J.-3 Burr. 1547. Lord Ellenborough, 
 C. J. 9 East, 215. Vexata et spinosa. quces- 
 tio ; a vexed and thorny question. Brownl. 
 (part 2,) 318. 
 
 VEY. L. Fr. Way. Haul vey ; high- 
 way. Kelham. 
 
 VEYER. L. Fr. To see ; to view. Veyer 
 est ; it is to be seen. Kelham. Veyet ; 
 sees. Id. 
 
 VEYLE. L. Fr. Elder. Kelham. 
 
 VEYLLE. L. Fr. A town. Kelham. 
 
 VEYN. L. Fr, [from Lat. vanus:\ In 
 
VI 
 
 (588) 
 
 VIA 
 
 old English law. Void. Et si rien soil 
 fait devaunt ceux suhstitutz, volqns que soit 
 veyn, et de nule force ; and if any thing 
 be done before those substitutes, we will 
 that it be void, and of no force. Britt. 
 fol.3. 
 
 VEY8IN. L. Fr. [from Lat. vicinus.] 
 In old English law. A neighbor. Ze* 
 veysins del hundred. Britt. c. 62. 
 
 VI AUT CLAM. Lat. In the civil 
 law. By force, or covertly. Diff. 43, 24. 
 A thing was said to be done vi, when it 
 was done contrary to a prohibition on the 
 part of a possessor. Vi factum videri, si 
 quis contra quam pi-ohiberetur,fecerit. Id. 
 43. 24. 1. 5. Vi factum id videtur esse 
 qua de re quis, quum prohiberetur, fecit. 
 Diff. 50. 17. 73. 2. A thing was said to 
 be done clam, which was done by a person 
 having, or anticipating to have a controver- 
 sy with another. Clam \^factum id videtur 
 esse,^ quod quisque, quum controversiam 
 habere} habiturumve se putaret, fecit. Id. 
 ibid. 
 
 VI BONORUM RAPTORTJM. Lat. 
 In the civil law. Of goods taken away by 
 force. The name of an action given by 
 the prsetor as a remedy for the violent tak- 
 ing of another's property. Inst. 4. 2. Diff. 
 47. 8. Heinecc. Mem. Jur. Civ. lib. 4, 
 tit. 2. 
 
 VI ET ARMIS. L. Lat. [L. Fr. oves- 
 que force et armes."] In old practice and 
 pleading. With force and arms. Emphat- 
 ic words in writs and declarations of tres- 
 pass, in which an act of force and violence 
 was charged. Hex, vice-comiti Lincoln' 
 salutem. Si A. fecerit te securum de da- 
 more suo prosequendo,' tunc pone per vadium 
 et salves pleff^ B. quod sit coram justiiiariis 
 nostris apud Westm. in octavis sancti Mi- 
 chaelis, ostensurus quare vi et abmis, in 
 ipsum A. apud N. insultum fecit, et ipsum 
 verberavit, vulneravit et male tractavit ; ita 
 quod de vita ejus desperabatur ; et alia 
 enormia ei intulit, ad ffrave damnum ipsius 
 A. et contra pacem nostram. Et habeas 
 ibi nomina 'pleg' et hoc breve. (The King to 
 the Sheriff of Lincoln, greeting: If A. 
 make you secure of prosecuting his claim, 
 then putB. by gage and safe pledges, that 
 he be before our justices at Westminster, 
 on the octave of St. Michael, to show 
 wherefore, with force and arms, he made an 
 assau.lt upon the said A. at N. and beat, 
 wounded, and ill treated him, so that his 
 life was despaired of; and other wrongs 
 to him did, to the grievous damage of the 
 
 said A. and against our peace. And have 
 you there the names of the pledges and 
 this writ.) Reff. Orig. 93. This was the 
 original writ in the action of trespass 
 for an assault and battery, and its language 
 is very closely followed in modern declara- 
 tions of trespass. 2 Chitt. PI. 846, 852. 
 See Force and arms. 
 
 VIA. Lat. In the civil law. Way ; 
 a way ; a road ; a right of way. The right 
 of walking, riding, and driving over an- 
 other's land, (^jus eundi, et affendi, et ambu- 
 landi.) Inst. 2. 8, pr. A species of rural 
 servitude, which included iter (a foot-path,) 
 and actus, (a drift-way.) Id. ibid. Dig. 
 8. 3. 1, pr. Id. 8. 3. 7. Id. 8. 3. 23, pr. 
 
 In old English law. A way ; a public 
 road ; a foot, horse, and cart way. Co. 
 lAtt. 56 a. See Fleia, lib. 4, c. 27, §§ 1, 3. 
 
 VIA PUBLICA. Lat. In the civil 
 law. A public way or road, the land it- 
 self belonging to the public. Diff. 43. 8. 
 2 21 
 
 ' VIA REGIA. L. Lat. In English law. 
 The king's highway for all men. Co. Litt. 
 56 a. Stat. Marlbr. c. 15. The highway 
 or common road ; called the Mng''s highway, 
 because authorized by him and under his 
 protection. Cornell. Called, also, via re- 
 ffalis. Fleta, lib. 1, c. 24, § 8. 
 
 Via trita via tnta. The beaten path is 
 the safe path. The usual course of prac- 
 tice ought to be pursued. 3 Bing. N. C. 
 45. Courts of law will not sanction a spec- 
 ulative novelty, without the warrant of 
 any principle, precedent, or authority. 
 Broom'' s Max. 58. Otherwise expressed. 
 Via trita est tntissima. The beaten way 
 is the safest. 10 Co. 142 a. 4 if . e6 S. 
 168. 
 
 VIAGITJM, Viaffgium. L. Lat. In old 
 English and maritime law. Voyage; a 
 voyage. In nostri contemptum et deeep- 
 tionem, ac viagii nostri prcedicti, quantum 
 in ipso fuit, retardationem manifestam ; in 
 contempt and fraud of us, and to the man- 
 ifest retarding of our said voyage as far 
 as in him lay. Seff. Griff. 24 b. Emeriff. 
 Tr. des Ass. ch. 13, sect. 5, § 1. See 
 Voyage. 
 
 VIAGrE. L. Fr. A voyage; an ex- 
 pedition. Kelham. 
 
 VIANDER. In old English law. A 
 returning officer. 7 Mod. 13. 
 
 VIATOR. Lat. [from via, a way or 
 road.] In the Roman law. A summoner 
 or apparitor ; an officer who attended on 
 the tribunes and sediles. So called, be- 
 
VIC 
 
 (589) 
 
 VIC 
 
 cause they were often on the road, {quod 
 scepe in via essent,) it being anciently their 
 oflace to summon the senators from the 
 country where they resided. AdanCs Rom. 
 Ant. 192., Galv.'Lex. 
 
 A traveller ; a foot passenger. Id. 
 
 VIC. A common abbreviation of vice- 
 comes in old writs. 
 
 VICAR. [L. Lat. vicq,rius, from vicis, 
 place or stead.] One who acts in the place 
 of another, {qui vicem alterius gerit ;) one 
 who is deputed or authorized to perform 
 the functions of another ; a substitute ; a 
 deputy. See Vicarius. 
 
 In English ecclesiastical law. The in- 
 cumbent of an appropriated benefice. The 
 distinction of a parson and vicar, is this : 
 the parson has, for the most part, the whole 
 right to all the ecclesiastical dues in his 
 parish ; but a war has generally an appro- 
 priator over him, entitled to the best part 
 of the profits, to whom he is, in efiect, per- 
 petual curate, with a standing salary. 1 
 Bl. Com. 388. Vicar was a title not 
 known till the reign of Henry III. 1 Chitt. 
 Bl. Com. 387, note. See 1 H. Bl.' i21. 
 
 VICARAGE. In English ecclesiastical 
 law. The living or benefice of a vicar, as a 
 parsonage is of a parson. See 1 Bl. Com. 
 387, 388. 1 Wooddes. Led. 188—193. 
 
 VICARIUS. Lat. [from vicis, place or 
 stead.] A deputy ; a substitute ; one who 
 acts in the place of another, {qui vice fungi- 
 tur alterius.) Vicarius non habet Ticarinm, 
 A deputy has not [cannot have] a deputy. 
 A delegated power cannot be again dele- 
 gated. Broom^s Max. 384, [665.] See 
 Dclegata potestas, &c. 
 
 In the civil law. The slave of a slave. 
 Dig. 33. 8. 6. 3. The expression- wcanas 
 vicarii is used in the same passage. See 
 Tayl. Civ. Law^ 421, 422. 
 
 In old European law. The deputy of a 
 count; a viscount. .Esprit des Lois, liv. 
 30, c. 18. Nullus comes, vicarius, villicus, 
 &c. sen quilihet alius rem ah alio possessam 
 sine judicio v,surpet ; no count, viscount, 
 steward, &c. or any one else, shall take a 
 thmg. out of the possession of another with- 
 . out judicial process. LL. Wisegothor, lib. 
 8, tit. 2, 1. 5. See Id. lib. 9, tit. 2, 1. 8. 
 Id. lib. 12, tit. 1, 1. 2. Capitul. lib. 3, c. 
 11. ii. Zore^oft. lib. 2,tit.47, 1. 1. Spel- 
 man. 
 
 VICE. Fr. and L. Fr. [from Lat. vitium.] 
 In old English law. Fault; defect. Si 
 le brefe soil abatu pur errour, ou pour autre 
 vice ou defaute ; if the writ be abated for 
 
 error, or for other fault or defect. Britt, 
 c. 46. U^ ausi par vice de escripture, [est 
 le brefe abatable ;] et ausi par vice del par- 
 chemyn, ou par vice de rasure ; and also 
 by defect of the writing, [is the writ abata- 
 ble,] and also by defect of the parchment, 
 or by the defect of rasure. Id. c. 48. 
 
 In French law. A defect or imperfec- 
 tion in a thing sold. Civil Code of Louis. 
 Art. 2496, et seq. 
 
 VICE. Lat. [ablat. of vicis, place.] In 
 the place or stead, {loco.) Vice mea ; in 
 my place. Used both in Latin and Eng- 
 lish, in; the composition of words denoting 
 a delegated or deputed authority. See 
 infra. See Vicis. 
 
 VICE-ADMIRALTY COURTS. In 
 English law. Courts established in the 
 Queen's possessions beyond the seas, with 
 jurisdiction over maritime causes, includ- 
 ing those relating to prize. 3 Steph. Com. 
 435. 3 Bl. Com. 69. 
 
 VICE-CHANCELLOR. [L. Lat. vice- 
 cancellarius.'] An e<juity judge who acts 
 as assistant to the chancellor, holding a 
 separate court, from which an appeal lies 
 to the chancellor. There are three vice- 
 chancellors who hold courts in England, — 
 the Vice-Chancellor of England, and two 
 others. 3 Steph. Com. 418. 
 
 VICE-COMES, (or VICECOMES.) L. 
 Lat. [L. Fr. viscount.'] In old English 
 law and practice. Sheriff; the sheriff of a 
 county., , Mag. Cart. 9 Hen. III. c. 17. 
 Id. Jolian. c. 24. Reg. Grig, passim. 
 Spelman. So called, as being the deputy 
 of the earl, or comes, to whom the custody 
 of the shire is said to have been committed 
 at the first division of England into coun- 
 ties. But the earls, in process of time, by 
 reason of their high employments and at- 
 tendance on the king's person, not being 
 able to transact the business of the county, 
 were delivered of that burden ; reserving 
 to themselves the honor, but the labor was 
 laid on the sheriff. So that now the sher- 
 iff does all the king's business in the 
 county, and though he be still called vice- 
 comes, yet he is entirely independent of, 
 and not subject to the earl ; the king by 
 his letters patent committing custodiam 
 comitatus to the sheriff, and him alone. 
 1 Bl. Com. 339. 7 Co. 33, and pref. 9 
 Co. 49. Dalton's Sheriff, 2. SewelVs 
 Sheriff, 3, 4. Fortescue de L. L. Anglice, 
 c. 24, note. 
 
 Viscount, the corresponding French term, 
 has become, in England, like earl, exclu- 
 
VIC 
 
 (590) 
 
 VIC 
 
 sively a title of nobility. In the Royal 
 Court of the Island of Jersey, however, 
 the sheriff is still called viscount. 7 Ad. 
 dt Ell. (N. S.) 989, 1002. See Viscount. 
 
 VICECOMES NON MISIT BREVE. 
 L. Lat. The sheriff hath not sent the writ. 
 The form of continuance on the record af- 
 ter issue and before trial. 1 Mod. 349. 
 11 Id. 231. See Continuance. 
 
 VICE-COMITISSA. L. Lat. In old 
 English law. A viscountess. Spelman. 
 Vice-comitissa dotissa ; viscountess dow- 
 ager. Com. 185. 
 
 _ VICE-CONSUL. L. Lat. In old Eng- 
 lish law. The deputy or substitute of an 
 earl, [comes,) who was anciently called con- 
 sul ; answering to the more modern vice- 
 comes. See Consul. 
 
 VICE-DOMINUS. L. Lat. In Saxon 
 law. The governor of a province ; [prm- 
 fectus provincioe.) Ingulph. p. 870, 1. 46. 
 Alfred is said to have divided this ofiBce 
 into two, the judex, or justice, and vice- 
 comes, or sheriff. Id. ibid. Spelman. 
 Blackstone, quoting Camden, makes the 
 title synonymous with vidame and valvasor. 
 1 Bl. Com. 403. In Cowell, it is translated 
 viscount, or sheriff. 
 
 In canon law. A bishop's deputy. 
 Calv. Lex. A vidame. (?) See Vidame. 
 
 VICE-GERENT. In old English law. 
 A deputy or lieutenant, {locum tenens.) 
 Stat. 31 Hen. VIIL c. 10. Cowell. 
 
 VICE-JUDEX. L. Lai In old Lom- 
 bardic law. A deputy judge. LL. Longoh. 
 lib. 2, tit. 30, 1. 2. Spelman. 
 
 VICINAGE. L. Fr. and Eng. [from 
 Lat. OTciriMS, near.] Neighborhood; near 
 dwelling; vicinity. 2 Bl. Com. 33. Cow- 
 ell. 
 
 VICINETUM. L. Lat. [from Lat. vici- 
 nus, near, adjacent.] In old English law. 
 A neighborhood, or vicinage ; visne or 
 venue.^ Magna Charta, c. 14. A place 
 which neighbors inhabited, {locus quern 
 vicini habitant.) Spelman. Anciently un- 
 derstood of the same vill or the parts adja- 
 cent, or of the same hundred ; in later law, 
 of the same county. Id. Answering to 
 the Lat. vicinia and vicinium. Visinetum, 
 visinetus, visnetum, are other forms of this 
 word, which occur in the old boots. In 
 old Scotch law, it is written voisinetum, 
 (from Fr. voisin.) 
 
 VICINIA. Lat. [from vicinus, near.] 
 In the civil law. Nearness of dwelling; 
 neighborhood ; a neighborhood ; a neigh- 
 boring place. Distinguished from conji- 
 
 nium, as being applied to urban estates. 
 Calv. Lex. 
 
 VIC INITAS. Lat. [from vicinus, near.] 
 Neighborhood ; vicinity. 
 
 In old Scotch law. The verdict of an 
 assise or jury. Quon. Attach, c. 83. Skene 
 in loc. Spelman. 
 
 VICINUS. Lat. In the civil law. 
 Near; adjacent; neighboring. Applied 
 more particularly to urban estates, or those 
 which were separated by a common wall; 
 cm finis being the term applied to adjacent 
 rural estates. Calv. Lex. Places were 
 said to be neighboring {vicini,) when the 
 voice of a person shouting could be heard 
 from one to the other. Id. 
 
 In old English law. A neighbor. Vicini 
 viciniora facta prffisnmuntnr scire. Neigh- 
 bors are presumed to know the acts that 
 are done in their more immediate neigh- 
 borhood. 4 Inst. 173. 
 
 VICIOUS. L. Fr. [from vice, a. v.] 
 Faulty; defective; bad. Bespondre a eel 
 escript vicious ; to answer to such faulty 
 writing. Britt. c. 28. Soit le brefe trovt 
 vicious ; the writ be found defective. Id. 
 c. 46. Est le brefe abatable et vicious. Id. 
 c. 48. Le brefe purra estre vicious en plu- 
 surs maneres ; the writ may be faulty in 
 many ways. Id. ibid. 
 
 VICIS. Lat. Change; turn. Pro 
 hac vice ; for this turn. 
 
 Place ; stead ; office ; duty. See Vice. 
 
 VICONT. L. Fr. Sheriff. Litt. sect. 
 101. Dyer, (Fr. ed.) passim. 
 
 VICONTIEL, Vicountiel. L. Fr. and 
 Eng. [from vicont or vicount, sheriff.] In 
 English practice. Belonging to the sheriff. 
 Vicontiel writs are such as were triable in 
 the county or sheriff's court. 0. H. B. 
 109. Cowell. Or they were such as were 
 directed to the sheriff, and not to be re- 
 turned to any superior court, till finally 
 executed by him. 3 Bl. Com. 238. 
 
 VICONTIELS, Vicountiels. [L. Lat. 
 vicecomitilia.l In old English law. Farms 
 for which the sheriff paid a rent to the 
 king, and made what profit he could of 
 them. Stat. 33 & 34 Hen. VIIL c. 16. 
 Spelman. Cowell. Called, also, vicontiel ■ 
 rents. Stat. 22 Car. IL c. 6. Cowell. 
 Now placed under the management of the 
 Commissioners of Woods and Forests. Stat. 
 3 & 4 Will. IV. c. 99, §§ 12, 13. 
 
 VICOUNT, Vicounte. L. Fr. An old 
 form of viscount, (q. v.) Stat. Westm. 1, 
 c. 15. 
 
 VICTUS. Lat, In the civil law, Sns- 
 
vm 
 
 (591) 
 
 VIE 
 
 tenanoe; support; the means of living. 
 The word included every thing necessary 
 to the support of human life, (guce ad 
 vivendum homini necessaria sunt) Dig. 
 60. 16. 43. 
 
 VICUS. Lat. In old English law, A 
 street in a town ; a passage between two 
 rows of houses, (in oppido via est, domuum 
 seriem complexa.) Fortescue de L. L. Angl. 
 c.'24, note. Vici et venelli ; streets and 
 lanes. Reg. Orig. 267. 
 
 A village ; a neighborhood of houses 
 out of a town. Vicus ex domibus constat 
 extra oppida. Fortesc. de L. L. Angl. vb. 
 sup. 
 
 VIDAME. In French feudal law. Orig- 
 inally, an officer who represented the 
 bishop, as the viscount did the count. In 
 process of time, these dignitaries erected 
 their offices into fiefs, and became feudal 
 nobles, such as the vidame of Chartres, 
 Kheims, &c. ; continuing to take their 
 titles from the seat of the bishop whom 
 they represented, although the lands held 
 by virtue of their flefs might be situated 
 elsewhere. Brande. 
 
 A chief in the neighborhood of a church 
 or abbey who acted as its protector. Steph. 
 Led. 236. 
 
 Blacfestone, quoting Camden, makes vi- 
 dame to be a title in old English law, 
 synonymous with that of valvasor. 1 Bl. 
 Com. 403, 
 
 Videbis ea sspe committi, quee sxpe Tiadi- 
 cantur. You will see those offences often 
 committed, which are often punished. 3 
 Inst. Epilog. 
 
 VIDELT. A contraction of videlicet. 
 1 Inst. Cler. 13. 
 
 VIDELICET. Lat. [from videre, to see, 
 and licet, it is permitted.] To wit; that 
 is to say ; namely. Literally, it may be 
 seen ; you may see ; it is to be seen. A 
 term compounded similarly with scilicet, 
 (q. V.) and of similar import, being used as 
 prefatory to a particular statement of some- 
 thing that was just before mentioned in 
 general terms. 
 
 Lord Hobart says of a videlicet, in its 
 application to conveyancing, that it " is 
 neither a direct several clause, nor a direct 
 entire clause, but it is intermedia." Hob. 
 172. And again, "it is clear that it is 
 not a substantive clause of itself; and, 
 therefore, you can neither begin a sen- 
 tence with it, nor make a sentence of it, 
 by itself; but it is, (as I may say,) clau- 
 sula aneillaris, a kind Of handmaid to an- 
 
 other clause, and to deliver her mind, [i. e. 
 the meaning of the other clause,] not her 
 own." Id. 
 
 In modern pleading, a videlicet is used 
 where a party alleges a fact, (such as time, 
 quantity, or value,) which he does not 
 wish to be held to prove strictly. The 
 terms actually used for this purpose are 
 the English " to wit," or " that is to say," 
 immediately previous to the allegation, 
 which is called " laying the time, &c, un- 
 der a videlicet." Steph. PI. 293. 
 
 VIDENDUM EST. Lat. It is to be 
 seen ; it is to be considered. A common 
 expression in Bracton. 
 
 VIDERE. Lat. In old practice. To 
 view. Fleta, lib. 4 c. 6, § 4. 
 
 VIDETUR. Lat. It is seen; it ap- 
 pears ; it seems ; it is considered ; it is 
 supposed, ftfli tacet consentire videtur. He 
 who is silent is considered to consent. 
 
 VIDIMUS. L. Lat. (We have seen.) 
 In old English practice. A species of ex- 
 emplification of the enrolment of charters 
 or other instruments. So called, from its 
 initial words : Vidimus quoddam scriptum, 
 &c. (We have seen a certain writing.) 
 An innotescimus or vidimus are all one, 
 and are always of a charter of feoffment, 
 or some other instrument which is not of 
 record. 5 Co. 54 a. Pagers case. Co. 
 Litt. 225 b. See Barringt. Obs. Stat. 5, 
 note [A.] 
 
 VIDUA. Lat. In civil and old Eng- 
 lish law. Widow ; a widow. Dig. 50. 
 16. 242. 3. Beg. Orig. 175 b. Magna 
 Charta, c. 7. According to Javolenus in 
 the Digests, this word in the Roman law 
 was applied to women who had not been 
 married. Dig. ub. sup. 
 
 VIDUA REGIS. L. Lat. In old Eng- 
 lish law. A king's widow. The widow of 
 a tenant in capite. So called, because she 
 was not allowed to marry a second time 
 without the king's permission ; obtaining 
 her dower also from the assignment of the 
 king, and having the king for her patron 
 and defender. Spelman. 
 
 VIDUITAS. Lat. [from vidua, widow.] 
 In old English law. Widowhood ; vidu- 
 ity. Burr. Sett. Oas. 794. " Chaste vidu- 
 ity." Lord Ellenborough, 10 Fast, 520. 
 
 VIE. L. Fr. [from Lat. vita.] Life. 
 See Cestui que vie. En pleyn vie, Pour 
 autre vie. 
 
 VIEF, Vif. L. Fr. [from Lat. vivus.] 
 Living; alive; live. Yief naam; a live 
 distress, Kelham. 
 
VIE 
 
 (592) 
 
 VII 
 
 VIEL. L. Fr. Old ; elder. Vieles, viez 
 dettes; old debts. Kelham, 
 
 VIER. L. Fr. [from Lat. videre.l To 
 see. Vient; they see. Kelham. 
 
 VIERS, Vers, [from Lat., •yerws.] To- 
 wards. Kelham. 
 
 VIEW. [L. Fr. veue; L. Lat. visus^ 
 In practice. Inspection, or examination 
 of a place or person, in the course of an 
 action. 
 
 In many of the old real actions, the ten- 
 ant might demand a view of the land in 
 question ; or, if a rent was to be recover- 
 ed, a view of the land out of which it 
 issued. In other actions, as in assise of 
 novel disseisin and waste, the view was 
 had by the jury. The* reason of this pro- 
 ceeding was, that the tenant or jury might 
 know with certainty what the demandant 
 sought to recover, and that the defence 
 might be shaped accordingly. Boscoe's 
 Beal Act. 247. 3 Bl. Com. 299. Britt. 
 c. 45. Cowell. 
 
 In some modern actions, as in trespass 
 quare clausum fregit, where it appears to 
 the court, or a judge in vacation, to be 
 proper and necessary that the jurors who 
 are to try the issues, should, for the better 
 understanding of the evidence, have a 
 wiew of the messuages, lands, or place in 
 question, the court or a judge will grant a 
 rule or order for such view ; and a similar 
 proceeding mav be had in criminal cases. 
 2 Tidd's Fr. 795—798. 1 Burr. 252. 
 
 VIEW. [Lat. prospectus; Fr. vue.'] 
 Prospect ; the prospect from one's house 
 or ground, of which his neighbor is not 
 permitted to deprive him, by erecting a 
 new building, or any other obstruction. 
 A species of urban servitude, derived from 
 the civil law. 3 Kenfs Com. 448. Big. 
 8. 2. 3. Defined in the Civil Code of 
 Louisiana, to be " every Hnd of opening 
 which may more or less facilitate the 
 means of looking out of a building." Art. 
 711. 
 
 VIEW OP FRANK PLEDGE. [L. Lat. 
 visus franci plegii^ In old English law. 
 The office which the sheriff in his county 
 court, or the bailiff in his hundred, per- 
 formed in looking to the king's peace, and 
 seeing that every man were in some frank 
 pledge, or decennary.* Cowell. See Stat. 
 18 Hdw. II. A. D. 1325. Barringt. Obs. 
 Stat. 208. 
 
 The ancient name of the court leet. 
 i Bl. Com. 275. See Court leet, Frank 
 pledge. 
 
 VIEWERS. [L. Yr.vejours; Lat. viso- 
 res.] In old practice. Persons appointed 
 under writs of view, to testify the view. 
 Boscoe's Beal Act. 253. 
 
 Vigilantibns et non domientibns jora snli- 
 
 Teniunt. The laws relieve or succor those 
 who are vigilant, not those who sleep 
 [upon their rights.] Bract, fol. 175 b. 2 
 Inst. 690. Wingate's Max. 672, max. 174. 
 More briefly, Vigilantibus jura subveninnt. 
 The laws assist the vigilant. 1 P. Wms. 
 297. A party who is entitled to a remedy at 
 law, must be active and vigilant in its pro- 
 secution. If he neglects for a long and 
 unreasonable time to ask the assistance of 
 the law, to recover a right, it will be re- 
 fused him, both as a punishment of his 
 neglect, and on the principle of restrain- 
 ing litigation by limiting actions to certain 
 periods. See 3 Bl. Com. 188. Broom's 
 Max. 391, [692,] et seq. Called, by Sir 
 William Scott, " a universal maxim." 5 
 Bob. Adm. B. 105. Bracton introduces 
 this maxim in the following passage, which 
 is probably the earliest instance of its ap- 
 plication in the English books : Sciendum 
 quod statim et sine mora, [fieri debeat que- 
 rela,^ cum desides et sui juris contemptores 
 non juvat juris beneficium, et vigilantibus 
 
 ET SOTS DOBMIENTIBTTS JUEA SUBVENIUNT ; 
 
 it is to be known that [the plaint ought to 
 be made] at once and without delay, — for 
 the favor of the law does not help those 
 who are slothful and neglect their rights, 
 and the laws aid those who are vigilant, 
 and not those who sleep. Bract, fol. 1 7S b. 
 The maxim seems to be derived from the 
 civil law. Calv. Lex. Spiegelius. It is 
 applied to the contract of sale, as expres- 
 sive of the same principle with Caveat emp- 
 tor, viz. : that purchasers should exercise 
 proper vigilance and caution. 2 Kent's 
 Com. 487, 488, note. 
 
 VIGILIA. L. Lat. In old English 
 law. Watch. Fleta, lib. 2, c. 52, § 28, 
 
 A wake. Jd. lib. 2, c. 82, § 3. 
 
 VIGORE CUJUS. L. Lat. By force 
 whereof. 1 Ld. Baym. 412. 
 
 VIIS ETMODIS. L. Lat. (Byways 
 and means.) In practice. The technical 
 name of a citation by which actions against 
 non-residents are sometime* commenced, 
 and which is served by posting up in cer- 
 tain public places; as on the Eoyal Ex- 
 change in London, according to the prac- 
 tice of the English admiralty ; or at the 
 Key in Leith, at the market cross of Edin- 
 burgh, and the pier aud shore of Leith, 
 
VIL 
 
 (593) 
 
 VIL 
 
 according to the practice of Scotland.* 
 Story's Oonfl. Laws, § 546. 
 
 VILL. [L. Fr. ville, from Lat. villa, 
 q. v.] In English law. A word of vari- 
 ous significations, as 
 
 A manor. Spelman, voc. Villa. Cowell. 
 
 A tithing. 1 Bl. Com. 114. Spelman, 
 voc. Hamd. 
 
 A town. 1 Bl. Com. 114. lAtt. sect. 
 171. Co. Litt. 5 a, 115 b. Fortescue, de 
 L. L. Anglim, c. 24, note. 
 
 A township. 2 Stra. 1004. i M. <& S. 
 378. 
 
 A parish. Cro. Car. 150. Cowell. 
 
 A part of a parish. 1 Bl. Com. 115. 
 Cowell. 
 
 A village. Spelman. 12 Mod. 546. 
 
 *^* The original meaning of vill in 
 England, seems to have been derived from 
 the Roman sense of the term villa; a 
 single country residence or farm ; a manor, 
 as Spelman defines it. See Town. In 
 Bracton's time, this signification had be- 
 come antiquated, for he expressly says that 
 a single dwelling-house was not a vill. Si 
 guis in agris unicum facial oedificium, non 
 erit ibi villa. Bract, fol. 211. The term, 
 however, was applied to any collection of 
 houses, consisting of more than two. Id. 
 fol. 434. 2 Stra. 1004. And hence it 
 finally came to comprehend towns and 
 cities. See Town. Britton gives the re- 
 lative signification of the terms vill, parish 
 and manor, in the following passage : Car 
 en une ville purrount estre plusurs pa- 
 rockes', et en une paroche plusurs maners ; 
 for in one vill there may be several par- 
 ishes, and in one parish several manors. 
 Briti.^c. 60. This seems strictly to be 
 the proper subordination of the terms in 
 modern English law; although in some 
 cases a parish may now contain several 
 viUs. 1 Bl. Com. 115. A farm consist- 
 ing of a capital mansion, two ancient cot- 
 tages and one modern one, all rented by 
 one and the same farmer, who occupied the 
 great house himself, and put four laborers 
 and their families into the three cottages, 
 was held to be no vill, in respect to the 
 appointment of overseers of the poor. 1 
 W. Bl. 419. 3 Burr. 1391, S. C. 
 
 VILLA. Lat. [from vehere, to carry.] 
 In the Roman law. A farm house ; a 
 country residence, (domus in rure.) Gloss, 
 ad Big. 50. 16. 27. So called, quasi 
 vehilla, because the products of the land 
 were carried {yehebantur) to it for keep- 
 ing, and carried away for sale. Calv. Lex. 
 
 Vol. IL 38 
 
 Adam's Bom. Ant. 578. See Dig. 50. 16. 
 211. 
 
 VILLA. Lat. In Saxon law. A farm, 
 or country residence ; a manor. Spelman. 
 
 A collection of neighboring houses, 
 consisting of more than two. Bract, fol. 
 212, 434. 
 
 A town or vill. See Vill. Villa est ex 
 pluribus mansionibus vicinata, et eollata ex 
 pluribus viciiiis ; et sub appellatione v'Ala- 
 rum continentur burgi et civitates; a vill 
 (town) is a collection of several neighbor- 
 ing dwellings, consisting of several neigh- 
 bors ; and under the denomination of vills 
 (or towns) are comprehended boroughs 
 and cities. Co. Litt. 115 b. See Town. 
 
 VILLA REGIA. Lat. In Saxon law. 
 A royal residence, {qua cedes et curia re- 
 galis hdbentur.) Spelman. 
 
 VILLAIN. An old form of villein. 
 " A villain is such a servant as himself and 
 whatsoever he possesseth is the lord's, if 
 he claim it." FineKs Law, b. 2, ch. 10. 
 
 VILLAN. A form of villein, more 
 closely following the Lat. villanus. It is 
 used by Blackstone in the expressions vil- 
 lan socage, villan services. Bl. L. Tracts, 
 95, 96. 
 
 VILLANUS. Lat. [from villa, a farm, 
 or village.] In old European law. A/ 
 bondman employed in agricultural laboik 
 So called, because annexed to a farm, or 
 country estate, (adscriptus villce.) Distin- 
 guished from a slave or serf, [servus,) by 
 the circumstances that he paid a fixed rent 
 to his master for the land which he culti- 
 vated, and after paying that, all the fruits 
 of his labor and industry belonged to him- 
 self in property. 1 Robertson's Charles V. 
 Appendix, Note ix. Brande. 
 
 In old English law. A bondman ; an 
 agricultural bondman ; a villan, or villein, 
 (q. V.) Villanus amercietur, salvo wain- 
 agio sua; the villein shall be amerced, sav- 
 ing his wainage, [i. e. Us implements of 
 husbandry.] Magna Charta, c. 14. 2 Inst. 
 28. Bract, fol. 116 b. Z>o?iec vUlanus ad 
 villanum convincatur ; ' until the villein 
 shall be proved to be a villein. Fleta, lib. 
 4, c. 22, § 1. Bracton uses villanus and 
 serous indifierently. Bract, fol. 246, 25. 
 
 VILLANUM SERVITIUM. L. Lat. 
 In old English law. ViUein service. Fleta 
 lib. 3, c. 13, § 1. ' 
 
 VILLATA. L. Lat. [from villa, a vill, 
 or town.] In old English law. A town- 
 ship. Stat. Marlbr. c. 25. Bract foL 
 124 b, 150. 
 
VIL 
 
 (594) 
 
 VIL 
 
 An inhabitant of a vill or town; a 
 townsman. Bract. 143 b, 154. 
 
 VILLE. L. Fr. In old English law. 
 A vill ; a town, Britt. c. 50. lAtt, sect. 
 ITI. 
 
 "VILLEIN, Villeine, Villeyn, Villain, Vil- 
 eyn, Vyleyn. L. Fr. and Eng. [from Fr. 
 ville, Lat. villa, a country residence, a 
 farm, or viHage.^ In old English law. A 
 feudal tenant of the lowest class, who held 
 by base and uncertain services, and was 
 employed in rustic labors of the most sor- 
 did kind ; an agricultural bondman, of lit- 
 tle better condition than a slave. 
 
 *^* The word villein seems to be of 
 Norman origin, although the class of per- 
 sons to whom it was applied existed 
 among the Saxons in a state of even gros- 
 ser degradation. 2 Bl. Com. 92. " These 
 villeins," observes Sir W. Blackstone, 
 " belonging principally to lords of manors, 
 were either villeins regardant, that is, an- 
 nexed to the manor or land ; or else they 
 were in gross, or at large, that is, annexed 
 to the person of the lord, and transferable 
 by deed from one owner to another. They 
 could not leave their lord without his per- 
 mission ; but if they ran away, or we're 
 purloined from him, might be claimed and 
 recovered by action, like beasts, or other 
 chattels. They held, indeed, small portions 
 of land, by way of sustaining themselves 
 and families, but it was at the mere will of 
 the lord, who might dispossess them when- 
 ever he pleased ; and it was upon villein 
 services, that is, to carry out dung, to 
 hedge and ditch the lord's demesnes, and 
 any other the meanest offices ; and their 
 services were not only base, but uncertain 
 both as to their time and quantity. A vil- 
 lien, in short, was in much the same state 
 with us, as Lord Molesworth describes to 
 be that of the hoors in Denmark, and 
 which Stiernhook attributes also to the 
 traaU or slaves in Sweden, which confirms 
 the probability of th^r being, in some de- 
 gree, monuments of the Danish tyranny." 
 1 Bl. Com. 93. As to ttie condition of 
 villeinage, see Tearb. M. 1 "Edw. II. 214, 
 T. 8 Edw. IL 280. See a count for a vil- 
 lein, Tearh. M. 19 Hen. VI. 65. 
 
 The Lat. villanus, and Fr. villeyn are 
 used by Bracton and Britton as respec- 
 tively synonymous with servus, and serf, a 
 slave. Bract, fol. 6 b, 7, 24 b, 25. Britt. 
 c. 31. The following passage from the 
 former author presents in few words a for- 
 cible picture of the villein's abject condi- 
 
 tion : Servi autem sub poiesiate dominO' 
 rum sunt, nee solvitur dominica potestas 
 quamdiu manentes fuerint in villenagio, 
 levantes et eubantes, sive terram tenuerint 
 sive non. Item si non sunt manentes in 
 villenagio, sed vagantes per patriam, euntes 
 et redeuntes, semper sub potestate domino- 
 rum sunt quamdiu redierint, et cum con- 
 suetudinem revertendi habere desierint, in- 
 cipiunt essefugitivi ad similitudinem cervo- 
 rum domesticorum. (But slaves are under 
 the power of their lords, nor is their lords' 
 power dissolved as long as they are abid- 
 ing in viUenage, levant et couehant, whether 
 they hold land or not. Also, if they are 
 not abiding in viUenage, but wandering 
 through the country, going and returning, 
 they are always under the power of their 
 lords, as long as they continue to return, 
 and when they cease to have the habit of 
 returning, they begin to be fugitives, after 
 the likeness of tamsd deer.) Bract, fol. 66. 
 
 VILLEIN IN GROSS. In old English 
 law. A villein who was annexed to the 
 person of the lord, and transferable by 
 deed from one owner to another. 2 Bl. 
 Com. 93. 
 
 VILLEIN EEGAEDANT. L. Fr. and 
 Eng. In old English law. A villein an- 
 nexed to the lord's manor, or land, (yilloe 
 ascriptus.) 2 Bl, Com. 93, Gowell. 
 
 VILLEIN SERVICES. [L. Lat. viU 
 lana servitia.'] In old English law. Base 
 services, such as villeins performed. 2 Bl. 
 Com. 93. They were not, however, ex- 
 clusively confined to villeins, since they 
 might be performed by freemen, without 
 inlpairing their free condition. Bract, fol. 
 24 b. 
 
 VILLEIN SOCAGE. [L. Lat. vil- 
 lanum socagium.'] In old English law. 
 A privil^ed kind of viUenage ; the ten- 
 ants,,(who were called villein socmen, or 
 sokemen,) doing villein services, but of a 
 certain and determinate kind. Bract, fol. 
 26 b, 209. 2 Bl. Com. 98—100. 
 
 VILLENAGE. [L. Lat. vUlenagium!\ 
 In old English law. The state, condition, 
 service or tenure of a villein ; bondage.* 
 A servile kind of tenure belonging to lands 
 or tenements, whereby the tenant was 
 bound to do all such services as the lord 
 commanded, or were fit for a villein to do. 
 Cowell. See Villein. 
 
 VILLENAGIUM. L. Lat. In old Eng- 
 lish law. ViUenage ; the condition or ten- 
 ure of a vUlein ; bondage, Glanv. lib. 5, 
 c, 1, 
 
VIN 
 
 (595) 
 
 VIR 
 
 That part of a lord's lands where his 
 villeins dwelt. Bract, fol. 6 b. 
 
 VILLENOUS JUDGMENT. [L. Lat. 
 villanum judicium.] In old English law. 
 A sentence which east the reproach of vil- 
 lany and shame upon him against whom 
 it was given. Cowell. This was formerly 
 pronounced upon conspirators ; and it was 
 that they should lose their liberam legem, 
 [frank-law,] whereby they were discredit- 
 ed and disabled as jurors or witnesses ; for- 
 feit their goods and chattels and lands for 
 life ; have their lands wasted, their houses 
 razed, their trees rooted up, and their own 
 bodies committed to prisoo. 4:Bl. (7o»i. 136. 
 
 VILLEYN. L. Fr. In old English 
 law. A villein. Si ascun villeyn purchase 
 tenement h luy et a ses heires, fie autre que 
 de son seigniour, et autre que son seigniour 
 luy engette, pusse le villeyn recoverer par 
 ceste assyse encontre toutes gentz, forsque 
 vers son seigniour ; if any villein purchase 
 a tenement to him and to his heirs, of an- 
 other than of his lord, and another than 
 his lord eject him, the villein may recover 
 by this assise against all persons except 
 against his lord. Britt. c. 38. Car le pleyn- 
 tyfe est mon villeyn ; for the plaintiff is 
 my villein. Id. e. 49. 
 
 Vim vi repellere licet, modo fiat modera- 
 mine iueulpatee tutelae, non ad sumcndam 
 vindictam, sed ad propalsandam injuriam. 
 It is lawful to repel force by force, provi- 
 ded it be done with the moderation of 
 blameless defence, not for the purpose of 
 taking revenge, but to ward off injury. 
 Go. Litt. 162 a. 
 
 VINCULACION. Span. In Spanish 
 law. An entail. Schmidts Civ. Law, 308. 
 
 VINCULO. Span, [from Lat. vincu- 
 lum.'] In Spanish law. The bond, chain or 
 tie of marriage. White's New Recop. b. 1, 
 tit. 6, c. 1, § 2. 
 
 VINCULUM. Lat. A chain ; a con- 
 nected series ; a connection or relation. 
 See Consanguinity. 
 
 A bond ; a band ; a tie. Vinculum 
 matrimonii; the bond or tie of marriage; 
 the matrimonial obligation. 
 
 The binding force of law. Ohligatio est 
 juris vinculum; obligation is a bond of 
 law, or legal tie. Bract, fol. 99. 
 
 VINDIOARE. Lat. In the civil law. 
 To claim, or challenge ; to demand one's 
 own ; to assert a right in or to a thing ; to 
 assert or claim a property in a thing ; to 
 claim a thing as one's own. Oalv. Lex, 
 
 To avenge ; to punish. 
 
 yiNDICATIO. Lat. [from vindicare, 
 q. v.] In the civil law. The claiming a 
 thing as one's own; the asserting of a 
 right or title in, or to a thing. 
 
 The name of an action in rem, by which 
 a thing or right was claimed. Appellamus 
 autem in rem quidem actiones, vindica- 
 tiones ; we call actions in rem, vindica- 
 tions. Inst. 4. 6. 15. Id. 4. 6. 1. See 
 Big. 6. 1. 
 
 VINUM. Lat. Wine. As to the in- 
 terpretation of this word in the civil law, 
 see Big. 33. 6. 9. 
 
 VINUM ADUSTUM. L. Lat. In 
 old English law. Brandy. Bunb. 119, 
 case 185. Literally, burnt wine. 
 
 VIOL. Fr. In French law. Rape. 
 Barr. Obs. Stat. 139. 
 
 VIOLENT PRESUMPTION. In the 
 law of evidence. Proof of a fact by the 
 proof of circumstances which necessarily 
 attend it. 3 Bl. Com. 3ll. Sometimes 
 called a necessary presumption. Violent 
 presumption is many times equal to full 
 
 proof. Id. ViolentaprffiSHmpfio[aliquando 
 est] plena probatio. Co. Litt. 6 b. As if a 
 landlord sues for rent due at Michaelmas, 
 1754, and the tenant cannot prove the pay- 
 ment, but produces an acquittance for 
 rent due at a subsequent time, in full of all 
 demands, this is a violent presumption of 
 his having paid the former rent, and is 
 equivalent to full proof; for though the 
 actual payment is not proved, yet the ac- 
 quittance in full of all demands is proved, 
 which could not be without such payment; 
 and it therefore induces so forcible a pre- 
 sumption, that no proof shall be admitted 
 to the contrary. 3 Bl. Com. uh. sup. See 
 Burr. Clrc. Evid. '60—67. 
 
 VIOLENT PROFITS. In Scotch law. 
 The double of the rent of a tenement with- 
 in a burgl, or the highest profits a party 
 could make of lands in the country ; recov- 
 erable against a tenant in a process of re- 
 moving. 1 Forbes' Inst, part 2, p. 157. 
 Ersk. Inst. b. 2, tit. 6, § 24. So called, 
 because the law considers the tenant's pos- 
 session, after the warning, as violent. Id. 
 ibid. See BelVs Bict. 
 
 Viperiaa est expositio quiB eorrodit viscera 
 textus. That is a viperous interpretation 
 which eats out the bowels of the text. 
 11 (7o. 34 a, Powlter's case. The force of 
 the very strong epithet viperina is much 
 weakened by the translation "bad expo- 
 sition," given in Branch and Wharton. 
 
 VIR. Lat. A man; a husband. Vir 
 
VIR 
 
 (596) 
 
 VIS 
 
 et uxor sunt quasi unica persona, quia caro 
 una et sanguis unus ; res licet sit propria 
 uxoris, vir tamen ejus custos, cum sit caput 
 mulieris ; husband and wife are, as it were, 
 one person, because one flesh and one 
 blood ; though, a thing may be the pro- 
 perty of the wife, yet the husband is the 
 keeper of it, since he is the head of the 
 woman. Co. Litt. 112 a. 
 
 Vir et uxor censentur in lege una persona. 
 
 Husband and wife are regarded in law as 
 one person. Jerik. Cent. 27. 
 
 VIRGA. Lat. [L. Fr. verge.] In old 
 English law. A rod or white staff, such 
 as sheriffs, bailiffs, &c. carried as a badge 
 or ensign of their office. Cowell. 
 
 ViRGA. L. Lat. [Sax. gird, gyrd.] 
 In old English law. A yard. Spelman. 
 
 Virga alnaria ; a yard measured accord- 
 ing to the legal ell or true standard. Cow- 
 ell. Cartular. Radinges, MS. fol. 120, cit- 
 ed ibid. 
 
 Virga ferrea; the iron yard; the stan- 
 dard yard which was of iron ; a yard ac- 
 cording to that standard. Cowell. Lib. 
 Cart. Prior. Leominstr. cited ibid. 
 
 VIRGA TERR^, (or VIRGATA 
 TERR^.) L. Lat. In old English law. 
 A yard-land, (Sax. girdland ;) a measure 
 of land of variable quantity, containing in 
 some places twenty, in others, twenty-four, 
 in others, thirty, and in others, forty acres. 
 Cowell. Co. Litt. 5 a. Shep. Touch. 
 93. 
 
 VIRGATA REGIA. L. Lat. In old 
 English law. The royal verge ; the verge ; 
 the bounds of the king's household, within 
 which the court of the steward had juris- 
 diction. CrabVs Hist. 185. A space of 
 twelve leagues in circuit around the king's 
 palace or residence. Fleta, lib. 2, c. 2, § 2 ; 
 c. 4, § 2. 
 
 VIRGATOR. L. Lat. In old English 
 law. A verger. Fleta, lib. 2, c. 38. 
 
 VIRIDARIUS. L. Lat. In old Eng- 
 lish law. A verderor, (q. v.) Beg. Orig. 
 lllh. 
 
 VIRIDIS, Viride. Lat. ' In old Eng- 
 lish law. Vert, (q. v.) Cowell, voc. Vert. 
 VIRIDIS CERA. L. Lat. In old 
 English law. Green wax, (q. v.) 
 
 VIRIPOTENS. Lat. [from vir, a man, 
 and potens, capable.] In the civil law. 
 Marriageable; viripotent, {quce \irximpati 
 potest.) Big. 36. 2. 30. Calv. Lex. 
 
 VIRO, Virro. L. Lat. In old Euro- 
 pean law. An old form of baro, (q. v.) 
 and of the same signification. Answering 
 
 to the Saxon thxne. Spelmau calls it a 
 Norman word. 
 
 VIRTUS. Lat. In old English prac- 
 tice. The substance or tenor. Tunc legat 
 protkonotarius virtutem brevis ; then the 
 prothonotary shall read the substance of 
 the writ. Bract. foL 185 b. Virtus ac- 
 tionis ; the substance of the action. Fleta, 
 lib. 2, c. 65, § 11. 
 
 VIRTUTE CUJUS. Lat. By virtue 
 whereof. 1 Ld. Raym. 412. 3 Salk. 
 352. 
 
 VIRTUTE OFFICn. L.Lat. By vir- 
 tue of office. 15 Johns. R. 269, 270. 
 Distinguished from colore officii, (q. v.) 
 
 VIS. Lat. In the civil and old Eng- 
 lish law. Force ; the onset or pressure of 
 a greater thing, which cannot be repelled, 
 {majoris rei impetus, qui repelli non potest.) 
 Paulus, Sent. lib. 1, tit. 7. Dig. 4. 2. 2. 
 Calv. Lex. Prateus. This definition of 
 the civil law is slightly modified by Brac- 
 ton, who is followed by Fleta ; majoris rei 
 impetus cui resisti non potest. Bract, fol. 
 162. Fleta, lib. 4, c. 4, § 1. 
 
 Violence ; unlawful violence. Co. Litt. 
 Ifrl b. Whatever is done without any au- 
 thority of law, against the free will of any 
 one [quicguid nullo jure fit, contra liberam 
 alicujus voluntatem.) Calii. Lex. The op- 
 posite of law or right. Id. 
 
 The act of seeking one's remedy without 
 authority or process of law. Vis est quo- 
 ties quis quod sibi deberi putat, non per ju- 
 dicem reposcit. Bract, fol. 162 b. This 
 is copied from Dig. 4. 2. 13. 
 
 Efficacy ; virtue ; power to produce an 
 effect. Scire leges, non est verba earum te- 
 nere, sed vim et potestatem, To know the 
 
 laws is not to observe their mere words, 
 but their force and power. Dig. 1. 3. 17. 
 Vis and potestas, however, were distin- 
 guished by the civilians ; the former being 
 considered the stronger term. Heinecc. 
 Mem. Jur. Civ. lib. 1, tit. 13, § 208, note. 
 VIS ET METUS. Lat. In Scotch 
 law. Force and fear. BelVs Diet. 
 
 VIS ABLATIVA. Lat. In the civil 
 law. Ablative force; force which is ex- 
 erted in taking away {auferendo) a thing 
 from another. Calv. Lex. Bracton adopts 
 this term, but seems to confine it to force 
 used in removing a moveable thing from 
 an immoveable one, and makes it converti- 
 ble with vis periurbativa, (q. v.) Bract. 
 fol. 162. 
 
 VIS ARMATA. In civil and old Eng- 
 lish law. Armed force ; force exerted by 
 
VIS 
 
 (597) 
 
 VIS 
 
 means of arms, weapons or any thing that 
 can hurt or injure. Ust vis armata, non 
 solum si quis venerit cum telis, verum etiam 
 omnes illos dicimus armatos, qui haberent 
 quo nocere possunt ; that is armed force, 
 not only where one comes with weapons, 
 but we call all those armed who have any 
 thing with which they can hurt. Bract. 
 fol. 162. Telorum autem appellatione om- 
 nia in quibus singuli homines nocere pos- 
 sunt, accipiuntur ; sed si quis venerit sine 
 armis, et in ipsa concertatione ligna sump- 
 serit, fustes et lapides, talis dicetur vis ar- 
 mata ; under the denomination of weapons 
 are understood all things with which men 
 may hurt each other; but if one comes 
 without arms, and in the heat of strife 
 takes up stakes, clubs and stones, this will 
 be called armed force. Id. fol. 162 b. 
 Meta, lib. 4,- c. 4, § 4. Co. Lilt. 162 a. 
 Diff. 43. 16. 3. 2, 3,4, 5. 
 
 VIS CLANDESTINA. Lat. In old 
 English law. Clandestine force ; such as 
 is used by night. Alia vis clandestina, et 
 de node. Bract, fol. 162. 
 
 VIS COMPULSIVA. In civil and old 
 English law. Compulsive force; that which 
 is exerted to compel another to do an act 
 against his wiU ; force exerted by menaces 
 or terror. Sst vis compulsiva quoe aliquan- 
 do metum inducit, ubi scilicet quis alium in 
 careers et in vinculis detinuerit, vel evagi- 
 nato gladio, compulerit ad aliquid dandum 
 vel faciendum contra ipsius voluntatem ; 
 compulsive force is that which sometimes 
 induces fear, as, for instance, where one de- 
 tains another in prison and in chains, or, 
 drawing a sword, compels him to give or 
 do something against his will. Bract, fol. 
 162. 
 
 VIS DIVINA. Lat. [Gr. e«B /3ia.] 
 In the civil law. Divine or superhuman 
 force ; the act of God. Vinnius ad Inst. 
 lib. 3, tit. 15, § 2,n. 5. Dig. 19. 2. 25. 6. 
 
 VIS EXPULSIVA. Lat. In old Eng- 
 lish law. Expulsive force; force used to 
 expel another, or put him out of his pos- 
 session. Bracton contrasts it with vis sim- 
 plex, and divides it into expulsive force with 
 arms, and expulsive force without arms. 
 Bract, fol. 162. Expulsiva [vis] locum ha- 
 het in rebus corporalibus et immobilibus, si- 
 cut in terris et tenementis. Item locum ha- 
 bet in rebus ineorporalibus, sicut in iis qum 
 in jure consistunt, sed non ita omnino, sed 
 in parte et alio modo ; expulsive force has 
 place in [takes place, or may be exercised 
 upon] corporeal and immoveable things, as 
 
 in lands and tenements. It also has place 
 in incorporeal thinge, as in those things 
 which consist in right, though not altogeth- 
 er, but partly, and with modification. Id. 
 ibid. 
 
 VIS EXTURBATIVA. Lat. In the 
 civil law. Exturbative force; force used 
 to thrust out (exturbare) another. Force 
 used between two contending claimants of 
 possession, the one endeavoring to thrust 
 out the other. Calv. Lex. 
 
 VIS FLUMINIS. Lat. In the civil 
 law. The force of a river or stream ; the 
 force exerted by the rapidity or magnitude 
 of a current of water. Quod si vis flumi- 
 nis de tuo prcedio attulerit, palam est, earn 
 tuam permanere ; but if the force of a 
 stream should sweep away a part of your 
 land, and carry it to your neighbor's land, 
 it is clear that it would still continue yours. 
 Inst. 2. 1. 21. More fully expressed in the 
 Digests : Quod si vis fluminis partem all- • 
 quafn ex tuo prcedio detraxerit, et meo prce- 
 dio attulerit, palam est cam tuam permanere. 
 Dig. 41. 1. Y. 2. This is copied, with 
 some variation, in Fleta. Fleta, lib. 3, c. 
 2, §6. 
 
 VIS IMPRESSA. Lat. Impressed force. 
 The original act of force out of which an 
 injury arises, as distinguished from vis 
 proxima, the proximate force, or immediate 
 cause of the injury. 2 Greenl. Evid. 
 § 224. "There, the original motion, the 
 vis impressa, is continued, though diverted." 
 Blackstone, J. 2 W. Bl. 896. 
 
 VIS INERMIS. Lat. In old English 
 law. Unarmed force ; the opposite of vis 
 armata, (q. v.) Bract, fol. 162. 
 
 VIS INJURIOSA. Lat. In old Eng- 
 lish law. Wrongful force ; otherwise call- 
 ed illicita, (unlawful) Bract, fol. t62. 
 
 VIS INQUIETATIVA. Lat. In the 
 civil law. Disquieting force. Calv. Lex, 
 Bracton defines it to be where one does 
 not permit another to use his possession 
 quietly and in peace, {ubi quis non permittit 
 alium uti possessione, quiete et in pace.) 
 Bract, fol. 162. 
 
 VIS LAICA. L. Lat. In old English 
 law. Lay force ; an armed force used to 
 hold possession of a church. Beg. Orig. 
 59, 60. See De vi laica amovenda. 
 
 VIS LICITA. Lat. In old English 
 law. Lawful force. Bract. M. 162. 
 
 VIS MAJOR. Lat. In the law of 
 bailment. Irresistible force, {cui resisti non 
 potest:) such an interposition of human 
 agency as is, from its nature and power, 
 
YIS 
 
 (598) 
 
 VIS 
 
 absolutely uncontrollable ; as the inroads 
 of a hostile army, or public enemies, pira- 
 cy and robbery by force. Story on Bailm. 
 §§ 26, 26, 246, 249. Fleia, lib. 2, c. 12, 
 
 8 16. 
 
 In the civil law, this term is sometimes 
 used as synonymous with vis divima, or the 
 act of God. Calv. Lex. See Dig. 19. 2. 
 25. 6. 
 
 VIS PERTURBATIVA, Lat. In old 
 English law. Perturbative force. Force used 
 between parties contending for a possession. 
 Or, as Bracton explains it, where one con- 
 tends that he possesses the thing, though 
 he has not the right, and the other asserts 
 that he is in possession, since he has the 
 right, {libi quis coniendit se possidere cvim 
 jus non habeat, et alius dicat se esse in pos- 
 sessione, c&m jus habeat.) Bract, fol. 
 
 Lat. Immediate force. 
 
 162. 
 
 VIS PROXIMA. 
 See Vis impressa. 
 
 VIS SIMPLEX. L. Lat. In old Eng- 
 lish law. Simple or mere force. Distin- 
 gtiished by Bracton from vis armaia, and 
 also from vis expulsiva. Bract, fol. 162. 
 
 VISCONTE, Viscont, Viscounte. , L. 
 Fr. In old English law. Sheriff. Britt. 
 c. 2. Stat.Westm.l,G.\1. Fet Assaver, 
 §§ 62, 59. A touz les viscountes des coun- 
 teez ; to all the sheriffs of the counties. 
 Conf. Oartar. 25 Edw. L 
 
 VISCOUNT, Vicount. [L, Fr. viscounte, 
 visconte, visconi, viconte, vicont, from Lat. 
 vice-comes, q. v.] In old English law. 
 Sheriff. Cowell. Beg. Orig. 302 b. But 
 the L. Fr. words just given were more 
 commonly used in this sense. In the Royal 
 Court of Jersey, however, the sheriff is 
 still called viscount. 1 Ad. d Ml. N. S. 
 984. 
 
 In modern English law. A degree of 
 nobility next to an earl. Cowell. 1 Bl. 
 Com. 398. Strictly, a vice-earl. The 
 Lat. comes and vice-comes, show more clear- 
 ly than the English, the connection of 
 these titles. Viscount, according to Cam- 
 den, is an old name of office, but a new one 
 of dignity, never heard of in England till 
 the reign of Henry VI. who in his eighteenth 
 year, in parliament, created John Lord 
 Beaumont, Viscount Beaumont. Camd. 
 Brit. lYO. Cowell. Co. Litt. 69 b. 9 
 Co. 125 a. 
 
 VISINETUS. L.Lat. In old English 
 law. Venue. Tunc summoneas, ei'c. de 
 visinetu suburhii London quod sint coram, 
 <fec. ; then summon, &c. of the visne of the | 
 
 suburb of London, that they be before, 
 &c. Meg. Orig. 33. 
 
 VISITATION. Inspection; superin- 
 tendence ; direction ; regulation. A power 
 given by law to the founders of all eleemo- 
 synary corporations. 2 Kenfs Com. 300 
 —303. 1 Bl. Com. 480, 481. In Eng- 
 land, the visitation of ecclesiastical corpo- 
 rations belongs to the ordinary. Id. ibid. 
 
 VISITATION, in the law of nations, 
 is distinguished from search, though the 
 terms are constantly used in connection 
 with each other. The right of visitation 
 is sometimes called the right of visit. The 
 British government disclaim the right of 
 search in time of peace, but they claim at 
 all times the right of visit, in order to 
 know whether a vessel, pretending, for in- 
 stance, to be American, and hoisting the 
 American flag, be really what she seems to 
 be. 1 Kenfs Com. 153, note; The inter- 
 visitation of ships at sea is a branch of the 
 law of self-defence, and is, in point of fact, 
 practised by the public vfessels of all na- 
 tions, including those of the United States, 
 when the piratical character of a vessel is 
 suspected. The right of visit is conceded 
 for the sole purpose of ascertaining the real 
 national character of a vessel sailing under 
 suspicious circumstances, and is wholly dis- 
 tinct from the rigHt of search. It has been 
 termed by the Supreme Court of the Unit- 
 ed States, the right of approach for that 
 purpose. Id. ibid. See Search, Might of. 
 
 VISITATION BOOKS. In English 
 law. A series of boots belonging to the 
 College of Arms, or Herald's College, con- 
 taining the pedigrees and arms of the no- 
 bility and principal gentry in England, made 
 out by the heads of the respective fami- 
 lies, or some person on their behalf, and 
 delivered to the heralds, who, by virtue of 
 commissions from the crown, were author- 
 ized to require them to be made out, proved 
 and delivered. Subback^s Fvid. q/' Suc- 
 cession, 538, 541. By the terms of their 
 commissions, the heralds were authorized 
 to make circuits through the different coun- 
 ties within their respective provinces, and 
 "to peruse and take knowledge, survey 
 and view of all manner of arms, cogni- 
 zances, crests and other like devices, with 
 the notes of the descents, pedigrees and 
 marriages of all the nobility and gentry 
 therein," &c. Id. 541. The books or re- 
 cords compiled from the materials obtained 
 during these visitations or progresses, were 
 hence called visitation books, and they are 
 
VIS 
 
 (599) 
 
 VIV 
 
 frequently admitted as evidence in the 
 courts. M. ibid. 1 £1. Com. 105. 
 
 VI8NE. L. Fr. [L.L&t. visnetum, q. v.] 
 In _ old Englist law. Venue ; vicinity ; 
 vicinage ; neighborhood ; a neighboring 
 place. Deux fraunks homes terre tenaunts 
 del visne ; two freemen, terre-tenants of the 
 neighborhood. £riit.c.45. Loiah gents 
 de la visne ou tiel fact si fist ; lawful men 
 from the vicinity where the act was done. 
 Roi. Pari. 4 Hen, IV. See Venue. 
 
 A neighbor. Qui ih voisent somoundre 
 lez visnes de estre a certien jour ; that they 
 go to summon the neighbors to be at a cer- 
 tain day. Britt, c. 45. 
 
 Visne is often used as an English word 
 in the old books. "A jury out of the 
 DMree." 1 Leon. 301. "The visne shall 
 come from both places." Id. ibid. "The 
 visne may better know the truth." Id. 
 ibid. And see 3 Id. 112. 
 
 VISNETUM. L;Lat. In old English 
 law and priactice. Neighborhood ; vicini- 
 ty; vicinage; venue or visne. Prcecipi- 
 mus tibi quod venire facias coram te, et co- 
 ram custodibus placitorum coronce nostra 
 in pleno comitatu tuo, xii tarn liberos quam 
 legales homines de visneto tali, per quos rei 
 Veritas melius sciri poterit ; we command 
 you, that you cause to come before yon, 
 and before the keepers of the pleas of our 
 crown, in your full county court, twelve 
 free and lawful men of such a neighbor- 
 hood [or venue] by whom the truth of the 
 matter may be better known. Bract, fol. 
 309 b. See Id. fol. 397. Per testimo- 
 nium visneti sui deliberatus est ; is deliv- 
 ered or acquitted by the testimony of his 
 neighborhood; Id. fol. 154. See Fleta, 
 lib. 4, c. 5, §4. 
 
 VISORES. L. Lat. [L, Fr. vejours.'] 
 In old English practice. Viewers; per- 
 sons appointed to view one who had cast 
 an essoin de malo lecti, or, in other words, 
 had excused himself from appearing in 
 court on the ground of infirmity or sick- 
 ness. Bract, fol. 354, 361. 
 
 Jurors in certain actions. Fleta, lib. 4, 
 G. 6,§1. 
 
 VISITS. Lat. [from videre, to see.] In 
 old English practice. View; inspection, 
 either of a place (k person. See View, 
 
 Examination or inspection by jnrors of 
 the subject of an action. Fleta, lib. 4, 
 c. 6, § 1, et seq. Id. lib. 6, c. 21. 
 
 View or inspection of a person who had 
 cast an essoin de malo lecti, made by four 
 knights called viewers, {yisores ;) its object 
 
 being to ascertain by personal inspection 
 whether the sickness or infirmity was 
 real, and what was its character. Bracton 
 treats at length of the practice under this 
 head. Bract, fol. 362—362. 
 
 VISUS FEANCI PLEGII. L. Lat. In 
 old English law. View of frank-pledge. 
 Otherwise termed visus de franco plegio. 
 Magna Charta, 9 Hen. IIL c. 35. Bract. 
 fol. 165. Fleta, lib. 2, c. 52, § 2. ' 
 
 VISUS TERRA L. Lat. In old Eng- 
 lish practice. View of land. Stat. Westm. 
 2, c. 48. 
 
 VITA. Lat. In old English law. Life. 
 Ad vitam vel in feodo; for life or in fee. 
 Bract, fol. 13 b. Ad terminum vitse vel 
 annoriim ; for a term of life or for- years. 
 Id. ibid. 
 
 VITAILLE. L. Fr. In old English 
 law. Victual ; provision ; food. Be blee, 
 ou de autre vitaille, ou des autres necessa- 
 ries; of grain, or of other victual, or of 
 other necessaries. Britt. c. 45. 
 
 VITIOUS INTROMISSION. In Scotch 
 law. An unwarrantable intermeddling 
 with the moveable estate of a person de- 
 ceased, without the order of law. Frsk. 
 Pr. b. 3, tit. 9, § 25.— The irregular inter- 
 meddling with the effects of a deceased 
 person, which subjects the party to the 
 whole debts of the deceased. 2 Karnes^ 
 Equity, 327. 
 
 VITIFM. Lat. In the civil law. Fanlt; 
 defect ; imperfection ; blemish ; bodily de- 
 fect; vice. Big. 21. 1. Id. 50. 16. 101. 2. 
 Distinguished from morbus, (disease.) Id. 
 ibid. See Fice. 
 
 In old English law. Fault ; mistake ; 
 error. See Vitium clerici, Vitium scrip- 
 toris. 
 
 VITIUM CLERICL L. Lat. In old 
 English law. The mistake of a clerk; a 
 clerical error. Lord EUenborough, C. J. 
 
 i M.(& S. 100. Vitium clerici nocere non 
 
 debet. A clerical error ought not to preju- 
 dice. Jenk. Cent. 23. 
 
 VITIUM SCRIPTORIS. L. Lat. In 
 old English law. The fault or mistake of 
 a writer, or copyist ; a clerical error. Gilb. 
 For. Bom, 186. Comb. 4. 
 
 VITRICUS. Lat. In the civil law. A' 
 step-father; a mother's second husband. 
 Big. 38. 10. 4. 6. Calv. Lex. Cooper's 
 Just. Inst. Notes, *429. 
 
 VIVA AQUA. In the civil law. Liv- 
 ing water ; running water ; that which is- 
 sues from a spring"or fountain, {quae fonte 
 exit.) Calv. Lex. 
 
VIV 
 
 (600) 
 
 VOC 
 
 VIVA PECUNIA. L. Lat. In old 
 English law. Live cattle. See Pecunia. 
 VIVA VOX. Lat. The living voice ; 
 oral utterance, as distinguished from writ- 
 ten words. Hence the common phrase, 
 viv& voce, by word of mouth. 
 
 In old English law. A living witness, 
 as distinguished from a writing offered in 
 evidence. Et quod ita sit,producat sectam 
 sufficiehtem, vivam vocem, vel aliquem qui 
 paratus sit hoc'disrationare; and [to prove] 
 that it is so, he should produce a sufficient 
 suit, a living witness, or any one who may 
 be prepare,d to establish this. Bract, fol. 
 382. Fleta, lib. 6, c. 23, § 15. See Vive 
 voys. 
 
 VIVAEIUM. Lat. [from vivus, alive ; 
 Grseco-barb. pi^ftav.'] In the civil law. 
 An enclosed place, where live wild animals 
 are kept. Calv. Lex. Spelman. A. Gell. 
 Noct. Att. ii. 20. 
 
 In old English law. A place in land or 
 water where living things are kept; a vi- 
 vary. Most commonly in law it signifies a 
 park, warren or fishery. In the statute of 
 Merton^ (c. 11,) it. is taken for a warren 
 and fishery. 2 Inst. 100. See Vivary, 
 Viver. Fleta, lib. 2, c. 41, § 2. 
 
 VIVAEY. [Lat. vivarium ; L. Fr. vi- 
 ver, qq. v.] In English law. A place for 
 keeping wild animals alive, including fishes ; 
 a fish-pond, or fishery. See Viver. 
 
 VIVER. L. Fr. [from Lat. vivarium, 
 q. v.] In old English law. A fish-pond ; a 
 fishery or fishing place. De pescher en 
 autry viver; to fish in another's pond. 
 Britt. c. 71. Stat. Westm. 1, c. 1, 20. 
 Les fosses, et les vivers, et les hayes ; the 
 ditches, and the ponds, and the hedges. 
 Britt. uh. sup. 
 
 Meat ; food or victual, (Lat. victus.) A 
 trover estovers en viver, ou en vesture ;"to 
 find estovers in meat or in clothing. Stat. 
 Glocest. c. 4. 
 
 VIVERE. Lat. To live. As to the 
 interpretation of this word in the civil 
 law, see Biff. 50. 16. 234. 2. 
 
 VIVEVOYS, Vive voys. L. Fr. [from 
 Lat. viva vox, q. v.] In old English law. 
 A living witness ; the testimony of a wit- 
 ness ; oral or parol testimony. Ft si la 
 chartre soit de puyr feffement sauns con- 
 dicion, et le done soit graunte ou prove, 
 adonques n'est mester h crere nule vivevoys 
 a parler de condicion, pur la presumpeion 
 de la chartre que ne tesmoyne nule condicion; 
 and if the charter be of pure feofiinent 
 without condition, and the gift be granted 
 
 or proved, then there is no necessity to 
 listen to the testimony of any living wit- 
 ness to speak of a condition, in consequence 
 of the presumption of the charter, which 
 testifies to no , condition. Britt. c. 51. 
 Elsewhere written as two words ; vive voys. 
 Id. c. 85. 
 
 VIVUM VADIUM. L. Lat. [L. Fr. 
 vif gage.] In old English law. A living 
 pledge ; that kind of a pledge in which the 
 rents and profits of the thing pledged went 
 towards the discharge of the debt. See 
 Mortgage. Vivum vadium, or living pledge, 
 is when a man borrows a sum (suppose 
 200Z.) of another, and grants him an estate, 
 as of 20Z. per annum, to hold till the rents 
 and profits shaU repay the sum so borrowed. 
 This is an estate conditioned to be void, as 
 soon as such sum is raised. And in this 
 case the land or pledge is said to be living ; 
 it subsists, and survives the debt; and im- 
 mediately on the discharge of that, results 
 back to the borrower. 2 Bl. Com. 157. 
 In a pledge of this kind, the creditor took 
 actual, possession of the estate and received 
 the rents, and applied them, from time to 
 time, in liquidation of the debt. When it 
 was satisfied, the debtor might re-enter, 
 and maintain ejectment. Coote on Mortg. 
 8, 9. 
 
 VIX. Lat. Scarcely; hardly; rarely. 
 Tix ulla lei fieri potest qnaa omnibus com- 
 moda sit, sed si majoii parti prospieiat, 
 Utills est. Scarcely any law can be made 
 which is adapted to all, but if it provide 
 for the greater part, it is useful. Plowd. 
 369. 
 
 VOCABULA ARTIS. Lat. Words 
 of art ; " vocables" of art ; technical terms. 
 Co. Litt. pref. 5 Co. 121 b, Long's case. 
 
 Vocabnla artium explicanda sunt secundum 
 definitiones prndentum. Terms of arts are 
 
 to be explained according to the definitions 
 of the learned or skilled [in such arts.] 
 Puffend. de Offic. Horn. lib. 1, e. 17, § 3. 
 Bl. L. Tr. 6. See Grotius de Jur. Bell. 
 lib. 2, c. 16, § 3. 
 
 VOCABULUM. Lat. Aname. Vo- 
 cabula rerum ; the names of things. Fleta, 
 lib. 4, c. 10, § 11. 
 
 VOCANS , Lat. [from vocare, to vouch. J 
 lu old practice. One who vouches another ; 
 a voucher. Bract, fol. 380. 
 
 VOCARE. Lat. To call ; to call upon. 
 
 In old English practice. To vouch ; to 
 call upon one to warrant another's title 
 {vocare ad warrantum) or defend it. Si 
 ita vocaverit, voco talem, filium ethceredem 
 
voc 
 
 (601) 
 
 vol 
 
 talis, valet talis vocatio ; if he vouch thus, 
 " I vouch such a one, son and heir of such 
 a one," such a voucher is good. Bract. 
 fol. 382 b. A. vocat B. ad warantum ver- 
 sus C. ; A. vouches B. to warranty against 
 C. Id. fol. 381 b. 
 
 VOCARE AD CURIAM. L. Lat. In 
 feudal law. To summon to court. Feud. 
 Lib. 2, tit. 22. 
 
 VOCARE IN JUS. Lat. In the Ro- 
 man law. To summon to court ; to cite 
 or summon before the praetor or mag- 
 istrate. Calv. Lex. Adam's Bom. Ant. 
 242. 
 
 VOCAT'. L. Lat. In old pleading. 
 Called. An abbreviation of vocatus, voca- 
 ta, vocati, <fec. used apparently to avoid the 
 Necessity of varying the termination, in 
 order to adapt it grammatically to the words 
 with which it was connected. This word 
 was constantly used in the old Latin plead- 
 ings, as immediately introductory to the 
 English name of a thing, where no equiva- 
 lent Latin word could be found, or where it 
 was not deemed safe to frame one. Thus, 
 " instrumentum, vocat a plate for a jack ;" 
 an instrument called a plate for a jack. 
 Towns. PI. 102. Sometimes the word 
 Anfflice, (in English,) was used for the 
 same purpose, and occasionally both to- 
 gether. See Law Latin. 
 
 VOCATIO. L. Lat. [from vocare, to 
 vouch.] In old practice. Voucher; a 
 calling to warrant. Bract, fol. 382 b. See 
 Vocare. 
 
 VOCATUS. L. -Lat. [from vocare, to 
 vouch.] In old practice. One who was 
 called or vouched ; a vouchee. Brad. fol. 
 381,382. 
 
 In old European law. An advocate ; a 
 patron. Chart.' Alam. 32. Spelman. 
 
 VOCHE. L. Fr. [from vocher, q. v.] 
 In old practice. A vouchee. Le voche 
 n'est mye trove ; the vouchee is not found. 
 Britt. c. 15. 
 
 VOCHEOUR. L. Fr. [from vocher, q. v.] 
 In old practice. A voucher ; one who 
 vouches or calls another to warrant. Si ad 
 le vocheour fait defaut ; if the voucher 
 have made default. Britt. c. 75. 
 
 VOCHER. L. Fr. [from- Lat. vocare, 
 q. v.] In old practice. To vouch ; to call 
 to warrant. Britt. c. 75. 
 
 A vouching, or voucher. En iiel cas, 
 cherrount les tenauntz en lour vocher ; in 
 such case, the tenants ' shall fail in their 
 voucher. Id. ibid. 
 
 A voucher ; a person vouching. Et issi 
 
 de vocher en vocher; and so from voucher 
 to voucher. Id. ibid. 
 
 VOCHERESSE. L. Fr. A female 
 voucher; a woman who vouched. A de- 
 fendre la vocheresse w's le pleyntyfe ; to de- 
 fend the voucheresse against the plaintiff. 
 Britt. c. 108. 
 
 VOCIFERATIO. Lat. In old English 
 law. Outcry; hue and cry. LL. Hen. 
 1. c. 12. ■ Cowell. 
 
 VOCO. Lat. In civil and old English 
 law. I call ; I summon ; I vouch. In jus 
 voco te ; I summon you to court; I sum- 
 mon you before the prsetor. The formula 
 by which a Roman action was anciently 
 commenced. Adam's Rom. Ant. 242. 
 
 Voco talem ; I call or vouch such a one. 
 The old formula of vouching to warranty. 
 Bract, fol. 382 b. Fleta, lib. 6, c. 23, 
 §20. 
 
 VODEGELDUM. L. Lat. In old 
 English law. Woodgeld, (q. v.) Spel- 
 man. 
 
 VOER. L. Fr. In old English law. 
 To view ; to see or inspect. M puis vist 
 le coroner, et les jurors ove luy, voer le cars, 
 et les playes ; and afterwards let the coro- 
 ner go, and the jurors with him, to view 
 the body and the wounds. Britt. c. 1. 
 Que le tenaunt voet sauns jour ; that the 
 tenant go without day. Id. c. 76. 
 
 VOEVE, Voef. L. Fr. Widow. Kel- 
 ham. 
 
 VOID. [L. Fr. voyde.] Of no force, 
 or effect ; absolutely null ; that cannot be 
 confirmed, or made effectual. A thing may 
 be void in several degrees ; it may be void 
 as to some persons or purposes, and valid 
 as to others. Spencer, C. J. 18 Johns. M. 
 527, 528, citing Bac. Ahr. Vin. Abr. h. t. 
 
 VOIDABLE. That may be avoided, or 
 declared void ; not absolutely void, or void 
 in itself; that may be avoided or confirmed. 
 Most of the acts of infants are voidable on- 
 ly, and not absolutely void. 2 Kent's Com, 
 234. 
 
 "The term 'void,' as applicable to con- 
 veyances, or other agreements, has not at 
 all times been used with technical precision, 
 nor restricted to its peculiar and limited 
 sense, as contradistinguished from ' voida- 
 ble ;' it being frequently introduced, even 
 by legal writers and jurists, when the pui*- 
 pose is nothing further than to indicate that 
 a contract was invalid, and not binding in 
 law. But the distinction between the terms 
 ' void ' and ' voidable,' in their application 
 to contracts, is often one of great practical 
 
VOL 
 
 ( 603) 
 
 VOL 
 
 importance ; and whenever entire technical 
 accuracy is required, the term ' void ' can 
 only be properly applied to those contracts 
 that are of no effect whatsoever ; such as 
 are a mere nullity, and incapable of con- 
 firmation or ratification." Dewey, J. 6 
 Metcalfa R. 417. 
 
 _ VOIDANCE. [Lat. wcofoo.] In eccle- 
 siastical law. A want of an incumbent 
 upon a benefice. Cowell. 
 
 VOIER, Veier. L. Fr. [from Lat. vi- 
 dere.] In old English law. To see. Ust 
 a voier; it is to be seen. Kelham. 
 
 VOILER, Voiller. L. Fr. la old Eng- 
 lish law. To will ; to be willing. L. Fr. 
 Bid. 
 
 VOILER (or VOLEIR.) L. Fr. In old 
 practice. To mean; to purport or set 
 forth. A term applied to written instru- 
 ments, writs, &c. Tearh. M. 4 Edw. IIL 
 45. M. 5 Edw. IIL 26. 
 
 VOILOIR, VoillouT. L. Fr. In old 
 English law. A will ; a testament. Kel- 
 ham. 
 
 VOIR, Voire, Voier, Voyer, Voiar. L. 
 Fr. [from Lat. verum, true.] In old Eng- 
 lish law. Truth ; the truth. Kelham. 
 
 VOIRE DIRE. L. Fr. (To say the 
 ti'uth.) In practice. A preliminary oath 
 administered to a witness, for the purpose 
 of ascertaining whether he has such an in- 
 terest in the cause in which he is offered to 
 testify, as would disqualify him ; he being 
 sworn to say the truth touching matters in 
 which he is thought or suspected to be an 
 interested witness. Cowell. The old ex- 
 pression a dire le verite, conveyed the same 
 idea. Tearb. H. 3 Hen. VI. 3. A wit- 
 ness may now, it seems, be examined on 
 his voire dire at any time during the trial. 
 Solthouse. 
 
 An oath of this kind is sometimes ad- 
 ministered to infants, for the purpose of 
 ascertaining their age. 3 Bl. Com. 332. 
 
 VOLENS. Lat. [from velle, to will or 
 be willing.] Willing. He is said to be 
 willing, who either expressly consents, or 
 tacitly makes no opposition. Calv. Lex. 
 
 Volenti non fit injuria. An injury is not 
 
 'done to the willing. He who consents to 
 a thing, or makes no opposition to it, can- 
 not complain of it as an injury. This max- 
 im occurs in the law of England in this 
 form, as early as the time of Bracton. 
 Bract, fol. 1 8. In the civil law, from which 
 it is substantially derived, it is otherwise 
 more clearly expressed, Nulla injuria est 
 
 quae in volentem fiat. That is no injury 
 
 which is done to a willing party. Dig. 47. 
 10. 1. 5. It has been extensively adopted 
 in the common law of England and the 
 United States. Tearh. M. 4 Edw. IIL ,18. 
 Plowd. 501. 1 Salk. 22, pi. 2. Win- 
 gate's Max. 482, max. 122. Broom^s Max. 
 127, [201.] It is a general rule of the 
 English law, that no one can maintain an 
 action for a wrong, where he has consented 
 or contributed to the act which occasions 
 his loss. Tindal, C. J. 2 Scott, If. i?. 257. 
 It is held inapplicable in equity to the case 
 of a usurious loam. " It would be absurd," 
 it is said, " to apply this maxim to the case 
 of a man who, from mere necessity, pays 
 more [interest] than the other can in jus- 
 tice demand, and who has been signifi- 
 cantly called the slave of the lender. He 
 can in no just sense be said to pay volun- 
 tarily." 1 Storyy Eq. Jur. % 302. It is 
 also held inapplicable to cases of agree- 
 ments to break the peace. 3 Jones^ (N. C.) 
 Law R. 131. 
 
 VOLENTES. Lat. (We being willing.) 
 In old practice. The initial word of the 
 Latin writs of certiorari. Volentes de certis 
 causis certiorari; we being willing for 
 certain causes to be certified. Reg. Orig. 
 169 b. F. N. B. 247 E. 
 
 VOLO. Lat. I will ; I wish or desire. 
 One of the appropriate words used in Ro- 
 man testaments to create a trust. Inst. 2. 
 24. 3. Bracton uses it as a term of con- 
 veyance. Bract, fol. 18 b. 
 
 Voluit, sed non dixit. He willed, but he 
 did not say. He may have intended so, 
 but he did not say so. A maxim frequently 
 used in the construction of wills, in answer 
 to arguments based upon the supposed in- 
 tention of a testator. 2 Powell on Devises, 
 (by Jarman,) 625. 4 Xenfs Com. 538. 
 It is applied also in the construction of stat- 
 utes. The English judges have frequently 
 observed, in answer to the remark that the 
 legislature meant so and so, that they, in 
 that case, have not so expressed themselves, 
 and therefore the maxim applied, ftnod 
 Tolnit non dixit, l Id. 468, note. Aa to 
 the peculiar meaning of velle and dicere in 
 the civil law, see Dig. 34. 5. 3. 
 
 VOLXJMEN. Lat. [from volvere, to 
 roll.] In the civil law. A volume; so 
 called from its form, being rolled up. As 
 to the distinction between a volume and a 
 book (liber,) see Dig. 32. 52. 1. 
 
 VOLUMUS. Lat. (We will.) In old 
 English practice. The first word of a clause 
 inserted in writs of protection, expressing 
 
VOL 
 
 (603) 
 
 VOL 
 
 tile king's pleasure that the party should 
 he quit of certain pleas and plaints for a 
 certain period. Volumus etiam quod idem 
 W. interim sit quietus de omnibus placitis 
 et querelis, exceptis, &c. Reg. Orig. 22 h. 
 
 VOLTJNT. L. Fr. [from Lat. voluntas, 
 q. v.] In old English law. Will. Per sa 
 volunt; by his -will. T. Jon. 107. Fist 
 son volunt ; made his will. 1 And. 3. 
 Bendl. pi. 3. 
 
 VOLUNTARITIS D^MON. L. Lat. 
 A voluntary madman. A term applied by 
 Lord Goke to a drunkard, who has volun- 
 tarily contracted madness by intoxication. 
 Go. Litt. 247. 4 Bl. Com. 25. 
 
 VOLUNTARY. \h&t. voluntarius,iTom 
 voluntas, will.] Free ; without compulsion 
 or solicitation ; in accordance with the will, 
 intent, consent or agreement of a party. 
 
 Without consideration; without valua- 
 ble consideration ; gratuitous. 1 Kamei 
 Equity, pref. See infra. 
 
 VOLUNTARY ASSIGNMENT. An 
 assignment made by a debtor in trust for 
 the benefit of his creditors. So called in 
 contradistinction from compulsory assign- 
 ments, or such as are made under statutes 
 of bankruptcy and insolvency, or by order 
 of some competent court. See Burrill on 
 Assignments, chap. 1, pp. 4, 5. And see 
 10 Paige's B. 445. 1 GomstocJc's B. 201. 
 3 Sumner's B. 345. 
 
 VOLUNTARY CONVEYANCE. _ A 
 conveyance without valuable consideration, 
 such as a deed or settlement in favor of a 
 wife or children. The term is usually ap- 
 plied to conveyances made by parties who 
 are indebted at the time of making them. 
 See 2 Kents Com. 440 — 443, and notes. 
 
 VOLUNTARY DEPOSIT. In the civil 
 law of bailment. A deposit arising from 
 the mere consent and agreement of parties, 
 as distinguished from a necessary deposit, 
 which was made upon some sudden emer- 
 gency, or from some pressing necessity. 
 Big. 16. 3. 2. Story on Bailm. § 44. 
 
 VOLUNTARY ESCAPE. In practice. 
 An escape of a person from custody, by the 
 express consent of his keeper. 3 Bl. Com. 
 415. An escape in consequence of the 
 sheriff, or Ms officer, permitting a party to 
 go at large. 1 Arch. Pr. See Escape. 
 
 VOLUNTARY JURISDICTION. In 
 English law. , A jurisdiction exercised by 
 certain ecclesiastical courts, in matters 
 where there is no opposition. 3 Bl. Com. 
 66. The opposite of contentious jurisdic- 
 tion, (q. V.) Id. ibid. 
 
 VOLUNTARY MANSLAUGHTER. 
 In criminal law. Manslaughter committed 
 voluntarily, upon a sudden heat of the pas- 
 sions; as if, upon a sudden quarrel, two 
 persons fight, and one of them kills the 
 other. 4^/. Com. 190, 191. 
 
 VOLUNTARY OATH. In j)ractice. 
 An oath taken in some extra-judicial mat- 
 ter, or before some magistrate or officer 
 who cannot compel it to be taken.* 4 Bl. 
 Com. 131. 
 
 VOLUNTARY WASTE. Waste done 
 by acts of commission ; as by pulling down 
 a house.* 2 Bl. Com. 281. It is distin- 
 guished from permissive waste, which is 
 matter of omission only. Id. ibid. 
 
 VOLUNTAS. Lat. [from volo, veUe, to 
 will.] In civil and old English law. Will ; 
 intent ; design ; purpose. Voluntas et pro- 
 positum dlstingnnnt maleficia. Will and 
 purpose characterize crimes. Bract, fol. 
 2 b, 136 b. Crimen non contrahitor, nisi 
 voluntas nocendi interccdat, [interveniat.] 
 
 Crime is not contracted, unless the inten- 
 tion of doing harm be present. Id. ibid. 
 Fleta, lib. 1, c. 31, § 4. Telle Toluntatem, 
 et erit omnis actus indifferens. Take away 
 will, and every act will become indifferent. 
 Bract, fol. 2 b. Voluntas in dclictis, non 
 exitus, spectatur. The will, not the issue, 
 is looked to in crimes. 2 Inst. 57. Volun- 
 tas repntatnr [repntabitor] pro facto. The 
 
 will is [shall be] taken for the deed. A 
 maxim in the English law of treason. 3 
 Inst. 5, 69. Brornnh Max. 145, 146, 
 [228.] 
 
 Will; intention; desire. Voluntas do- 
 natoris, in charta doni sui manifeste ex- 
 pressa, Observetnr. The will or intention 
 of a donor, clearly expressed in the deed of 
 his gift, should be observed. Co. Litt. 21. 
 Voluntas testatoris est ambulatoria usque ad 
 mortem, [ad extremum vitse exitnm.] The 
 will of a testator is ambulatory until death. 
 2 Bl. Com. 502. 4 Co. 61 b. Lord 
 Loughborough observed that this was the 
 most general maxim he knew of. 4 Vesey, 
 Jr. 210. It seems to have been taken 
 from that of the civil law : Ambulatoria 
 est voluntas defuncti usque ad vitce supre- 
 mum exitum. Big. 34. 4. 4. 
 
 A will ; a last will. Voluntas testatoris 
 habet interpretationem latam et benignam. 
 
 The will of a testator has [should have] a 
 broad and benignant interpretation. Jenk. 
 Cent. 260. See Big. 60. 17. 12. Volun- 
 tas ultima testatoris est perimplenda secun- 
 dum veram intentionm suam. The last 
 
YOU 
 
 (604) 
 
 VOY 
 
 will of a testator is to be fulfilled accord- 
 ing to his true intention. Qo. Litt. 322, 
 
 Will ; pleasure. Ad voluntatem ; at 
 will. Bract, fol. 27. 
 
 VOLUNTE, Volunt, Yolounte. L. Fr. 
 [from Lat. voluntas, q. v.] Will; mind; 
 intention. Britt. c. 43, 77. 
 
 VOLUNTEER. A grantee in a volun- 
 tary conveyance ;, one to whom a convey- 
 ance is made without valuable considera- 
 tion. A party, other than a wife or child, 
 to whom, or for whose benefit, a voluntary 
 conveyance is made. See 1 WhMs Equity 
 Cases, 167—193. 
 
 VOMENTUM. L. Lat. InoldS.Qotch 
 law. A cannon. Cum vomentis curricu- 
 latis ; with pieces of ordnance mounted 
 on wheeled carriages. 1 Pitc. Cr. Trials, 
 part 1, p. 6. 
 
 VOUCH, [from L. Fr. vocher, voucher, 
 from Lat. vocare, q. v.] In old practice. 
 To call ; to call to warranty ; to call upon a 
 person who has warranted a title (termed 
 warrantus, or warantus, in the old books,) 
 to defend the title which he so warranted.* 
 2 Bl. Com. 358. 
 
 To cite, or quote. " Vouched a prece- 
 dent of a case." Telv. 96. "The book 
 that hath been vouched." 1 Leon. 79. 
 
 VOUCHEE. [L. Fr. voche ; L. Lat. 
 vocatus.'l In old practice. One who is 
 vouched or called to warranty. 2 Bl. Com. 
 358. 3 Id. 300. 
 
 VOUCHER., [L. Fr. vocher; L. Lat. 
 vocatio.'\ In old practice. A calling to 
 warranty; a calling upon one who has 
 warranted a title, to defend it in an action.* 
 The calling in of some person to answer an 
 action, that has warranted the title to the 
 tenant or the defendant. 3 Bl. Com. 300. 
 See Boscoe's Heal Act. 257^274. 
 
 The party who vouched, {yocans ;) the 
 tenant in a real action, who called upon 
 another to defend his title. Cowell. 
 
 VOUCHER. In.old English law. An 
 account book wherein are entered the ac- 
 quittances or warrants for the account- 
 ant's discharge. Stat. 19 Car. II. c. 1. 
 Cowell. 
 
 Any acquittance or receipt, discharging 
 a person, or being evidence of payment. 
 Jacob. Shaw, C. J. 1 Metcalf's B. 218. 
 
 VOUS AVES (or AVEZ.) L. Fr. 
 You have. Vous aves cy ; you have here. 
 The old form of commencing a pleading 
 when delivered ove tenus. Vous aves cy 
 John qui dit que, &c. ; you have here John 
 who says that, &c. Yearb. H. 9 Edw. IIL 
 
 6. Vous aves icy Richard que avowa cest 
 prise ; you have here Richard who avows 
 this taking. P. 8 Edw. IIL 19. M. 19 
 Hen. VL 1. 
 
 The same form of expression was used 
 on othir pccasions, " Vous aves Sir Wil- 
 liam Roberts." The answer of the crier 
 to the clerk of the crown, when a juror 
 was called in court, 7 How, St. Trials, 
 161, 
 
 VOUS VEIES, (V0IE8, or VEITZ) 
 BIEN COMENT. L. Fr. You see well 
 how. Formal words anciently used by 
 counsel in addressing the court. Yearb. 
 T. 1 Edw. III. 9. H. 2 Edw. IIL 9. P. 
 8 Edw. in. 23. M. 4 Hen. VI. 1. 
 
 VOX. L. Lat. In old practice. Speech ; 
 saying; statement. Fleta, lib. 2, c. 61, 
 
 § 1; c. 63, § 9. Vox emissa volat; litera 
 
 SCripta manet. The spoken word flies; the 
 written letter remains. BroorrCs Max. 
 
 VOX SIGNATA.. L. Lat. In Scotch 
 practice. An emphatic or essential word, 
 2 Alis. Crim. Fr. 280. 
 
 VOYAGE. [L. Fr. viaffe;^ L. Lat. 
 via.ggium, iter navis^ In maritime law. 
 The passage of a vessel upon the seas, 
 either from one port to another, or to 
 several ports. 
 
 VOYAGE INSURED. [Fr. voyage 
 assure ; L. Lat. viaggium.'\ In insurance 
 law. A transit at sea from the terminus a 
 quo, to the terminus ad quern, in a pre- 
 scribed course of navigation, {iter viagii,) 
 which is never set out in any policy, but 
 virtually forms parts of all policies, and is 
 as binding on the parties thereto, as though 
 it were minutely detailed. 1 Arnould on 
 Ins. 333, (339, Perkins' ed.) This is a 
 technical term, to be carefully distinguished 
 from the actual voyage of the ship, {iter 
 navis.) Id. See JSmerig. Tr. des Ass. ch, 
 13, sect. 4, § 1. Casaregis, disc, 67, n, 
 31, 
 
 VOYAGE OF THE SHIP. [Lat. iter 
 navis.l In insurance law. The course of 
 navigation on and in which a vessel actual- 
 ly sails. 1 Arnould on Ins. 333, (340, 
 Perkins' ed.) See Voyage insured. 
 
 VOYER. L. Fr. In old English law. 
 To go ; to issue. A que le brefe voyse de 
 la court; to whom the writ goes [issues] 
 from the court, Britt. c. 120. 
 
 VOYS. L. Fr. [from Lat. vox, voice.] 
 In old English law. Voice ; word ; speech ; 
 saying; assertion, Encontre sasouleYo^is; 
 against his single assertion, Britt, c, 29. 
 
WAC 
 
 (605) 
 
 WAP 
 
 'oule voys, {simplex dictum, simplex loquela, 
 q. v^ Id. c. 93. 
 
 Vs. In practice. A very common con- 
 ■action of versus, (against,) used in en- 
 tling papers on the part of a plaintiff; 
 A. B. vs. C. D." Sometimes still further 
 bbreviated to v. It seems to have been 
 nmediately derived from the L. Fr. vers, 
 ad occurs as early as the time of Britton, 
 1 the entries of essoins on the record. 
 oha' v's Peres, d^play d' t'r, p'tel, {Johan 
 's Peres, de play de terre, par tiel ;) John 
 s. Peter, of a plea of land, by such a one. 
 'ohan v's Peres, T. et S. de tel plee, par 
 il ;, John vs. Peter, T. and S. of such a 
 lea, by such a one. JBritt. c. 123. And 
 36 the Year Books, passim. 
 
 VULGARIS OPINIO. Lat. Com- 
 lon opinion. Vulgaris opinio est duplex, 
 :. opinio vulgaris oria inter graves et dis- 
 'etos, et quce vultum veritatis habet, et 
 oinio tantum orta inter leves et vulgares 
 amines, absque specie veritatis ; common 
 pinion is two-fold, viz. common opinion 
 'bich originates among grave and discreet 
 len, and which has a countenance of truth, 
 ttd an opinion which originates only 
 mong light and vulgar men, without a 
 bow of truth. 4 Co. 107 b. Adams' & 
 lamberffs case. 
 
 VULGAEIS PURGATIO. L. Lat. 
 a old English law. Common purgation ; 
 name given to the trial by ordeal, to dis- 
 nguish it from the canonical purgation, 
 'hich was by the oath of the party. 4 
 n. Com. 342. 
 
 yULGO CONGEPTL Lat. In the 
 ivil law. Spurious children ; bastards ; 
 bose who cannot point out their father, or 
 ■ they can, have him for a father whom it 
 i not lawful to have ; {qui patrem demon- 
 trare non possunt, vel qui possunt quidem, 
 ',d eum habent quern habere non licet.) 
 lig. 1. S. 23. 
 
 VULGO QU^SITL Lat. In the 
 ivil law. Spurious children ; literally, 
 otten from the people ; the offspring of 
 romiscuous cohabitation, who are consid- 
 red as having no father. Inst. 3. 4, 3. 
 d. 3. 5. 4. 
 
 VYGINE. L. Fr. [Lat. vicinus:\ A 
 eighbor. Dyer, 36 b, (Fr. ed.) 
 
 w. 
 
 WAOREOTJR. L.Fr. In old English 
 »w. A vagabond, or vagrant. De wa- 
 XBOViVS per pays. Britt. c. 29. 
 
 WACTA. L. Lat. [from Germ, fesi^, 
 Sax. waecean, Fr. guet, q. v.] In old 
 European law. Watch ; watch and ward, 
 {excubice.) Ilxcubias, quas usitato vocabulo 
 wactas dicunt, facere non negligant; they 
 shall not neglect to perform watches, which 
 in the common language they call wacts. 
 Capitul. Hludov. Pii, A. D. 815, c. 1. 
 JSsprit des Lois, liv. 30, c. 13, and note. 
 Spelman. 1 Bl. Com. 356. Capitul. 
 Caroli. lib. 3, c. 68. 
 
 WADIA, Quadia. L. Lat. In old Eu- 
 ropean law. Gage; pledge. Si nonha- 
 buerit unde summam persolvat, semetipsum 
 per guadiam in servitio principis tradet; 
 if he have not wherewith to'pay the sum, 
 he shall deliver himself up by pledge to 
 the service of the prince. LL. Longob. 
 lib. 1, tit. 15. 
 
 WADIARE. L.Lat. In old European 
 law. To pledge. Spelman. 
 
 WAtflUS, Wadium. L. Lat. In old 
 European law. A pledge. Spelman. 
 
 WADRUS. L. Lat. In old European 
 law. A term of frequent occurrence in the 
 Formulae Solennes, which Spelman sup- 
 poses to mean water. Bo, trade, (&c. ]V. iV. 
 c6c. mansos tantos, cum domibus, cedificiis, 
 curtiferis, cum wadris, sylvis, terris arabili- 
 bus, c&c. (I give, deliver, (fee. to N. N. &o. 
 so many manses, with the houses, build- 
 ings, curtilages, with the waters, woods, 
 arable lands, &c.) Form. Sol. 18, 19, 20, 
 50,58. 
 
 WADSET, [from wad, wadia, a pledge.] 
 In Scotch law. A disposition of lands, 
 answering to a mortgage in English law. 
 1 Karnes' Equity, pref. Literally, a set- 
 ting or putting to pledge ; a close transla- 
 tion of the L. Lat. in vadium (or wadiurn) 
 positio.* — Aright by which lands, or other 
 heritable subjects, are impignorated by the 
 proprietor to his creditor, in security of his 
 debt. The debtor who grants the wadset, 
 and has the right of reversion, is called the 
 reverser ; and the creditor receiver of the 
 wadset, is called the wadsetter. Erslc. Pr, 
 b. 2, tit. 8, § 1. — A disposition whereby 
 any real right of lands or other things pass- 
 ing by infeftment, is transmitted from one 
 to another, in security of a special sum, and 
 redeemable upon payment of the money in 
 the way and manner therein expressed. 1 
 Forbes' Inst, part 3, p. 12. 
 
 WADSETTER. In Scotch law. A 
 creditor to whom a wadset is granted • a 
 mortgagee. Frsk. Pr. b. 2, tit. 8 8 i ' 
 
 WAFTORES. L.Lat. In old English 
 
WAG 
 
 ( 606 ) 
 
 WAG 
 
 law. A name given to certain naval offi- 
 cers, appointed 22 Edw. IV. chiefly to pro- 
 tect tke fishermen on the coast of Norfolk 
 and SuflFolk. Cowdl. 
 
 WAGA, Vaga. L. Lat. In old English 
 law. A weigh ; a measure of cheese, salt, 
 wool, &c. containing two hundred and 
 fifty-sLx pouiids avoirdupois. Cowell. 1 
 Mon. Anff. 515. Spelman. De una waga, 
 casei. Fleta, lib. 2, c. 1.6, § 12. 
 
 WAGE, [from L. Fr. gaffer; L. Lat. 
 vadiare, wadiare, guadiare!] In old Eng- 
 lish practice. To give security for the per- 
 formance of a thing. Cowell. To wage 
 battel, was to give gage or security for 
 joining in the duellum or combat. See 
 Wager of battel. To wage law, was to 
 give gage or security to make one's law. 
 See Wager of law. 
 
 WAGE. L. Fr. In old English law. 
 Gage ; pledge, {vadium.) LL. Gul. Conq. 
 1.6. 
 
 WAGER. A contract by which two 
 parties or more agree that a certain sum of 
 money or other thing, shall be paid or de- 
 livered to one of them, on the happening or 
 not happening of an jincertain event. Bou- 
 vier. Wagers are founded either upon a 
 fact already in existence, but not known to 
 the parties, the one affirming that it is so, 
 and the other that it is not; or upon some 
 future event, the one affirming that it will 
 he so, the other that it will not. 
 
 In New-York, all wagers, bets or stakes, 
 made to depend upon any race, or upon 
 any gaming by lot or chance, or upon any 
 lot, chance, casualty, or unknown or contin- 
 gent event whatever, are declared by stat- 
 ute to be unlawful ; and all contracts for or 
 on account of any money or property, or 
 thing in action so wagered, bet or staked, 
 are declared void. 1 Bev. St. [662,] 666, 
 § 8. In Vermont and Pennsylvania, no 
 action upon any wager or bet will be sus- 
 tained. 2 Vermont M. 144. 6 Wharton's 
 B. Its. 3 Kents Gom. 178, and note. 
 At common law, however, a wager is con- 
 sidered to be a legal contract, which the 
 courts are bound to enforce, unless it be on 
 a subject which is illegal, or contrary to 
 public policy, good morals, or the peace of 
 society, or which affects the feelings or in- 
 terests of third persons. Story on Con- 
 tracts, § 566. Chitty on Contracts, 494 — 
 498. 3 Kent's Com. 211. 
 
 WAGER OF BATTEL. [L.Fi. gager 
 de bataille ; L. Lat. vadiatio duelli.^ In 
 old English practice. The giving of a gage 
 
 or pledge to try a cause by battel, or single 
 combat. This gage or vadium was origi- 
 nally an actual security given by both the 
 parties; the appellee (in proceedings by 
 appeal) giving gage to defend himself by 
 his body, and the appellor giving gage to 
 make good his charge in the same manner. 
 Dat appellatus vadium defendendi, et appel- 
 lator vadium disrationandi. Bract, fol. 
 137. Done le defendaunt gage a soy de- 
 fendre, et le appellour gage pur la cause 
 dereiner. Briti. c. 22. In writs of right, 
 and other cases where the combat was by 
 champions, the giving of gage was ex- 
 pressed by the mere formality of the ten- 
 ant's champion throwing down his glove or 
 gauntlet, which the demandant's champion 
 took up. Z Bl. Com. 339. 
 
 WAGER OF LAW. [L. Fr. gager de 
 ley, ley gager ; L. Lat. vadiatio legis.^ In 
 old practice. The giving of gage or sureties 
 by a defendant in an action of debt^ that at 
 a certain day assigned, he would make his 
 law ; that is, would take an oath in open 
 court, that he did not owe the debt, and at 
 the same time bring with him eleven neigh- 
 bors, (called compurgators,) who should 
 avow upon their oaths that they believed 
 in their consciences that he said the truth. 
 Qlanv. lib. 1, c. 9, 12. Bract, fol. 156 b. 
 Britt. c. 27. Fleta, lib. 2, c. 47, § 5. 2 
 Bl.Com.S4:Z. Cro.Eliz.8l8. The sure- 
 ties having been given, the defendant, on 
 the day assigned, appeared in court with 
 his compurgators, and standing at the end 
 of the bar, was admonished by the judgfis 
 of the nature and danger of a false oath. 
 If he still persisted, he was to repeat 
 this or the like oath: "Hear this, ye jus- 
 tices, that I do not owe unto Richard 
 Jones the sum of ten pounds, nor any 
 penny thereof, in manner and form as the 
 said Richard hath declared against me. So 
 help me God." The oaths of the compur- 
 gators then immediately . followed. See 
 Compurgator. 
 
 The whole proceeding is more minutely 
 described in 2 Salk. 682, as follows : 
 " Action of debt was brought on a by-law ; 
 the defendant waged his law, and a day 
 was given upon the roll for him to come 
 and make his law ; and now, upon the last 
 day of the term, he came. And Northby 
 for the plaintiff insisted, that if he swear 
 falsely or rashly and without reason, the 
 court is not bound to receive him to it, 
 and prayed a day to speak to that point. 
 Sfed per Holt, C. J. we can admonish him ; 
 
WAG 
 
 (60V) 
 
 WAI 
 
 it if he will stand by Ms law, we cannot 
 inder it, seeing it is a metliod the law 
 lows. And the defendant was set at the 
 ght corner of the bar, without the bar, 
 id the secondary asked him, if he was 
 sady to wage his law; he answered 
 STes.' Then he laid his hand upon the 
 ook, and then the plaintiff was called; 
 id a question thereupon arose whether 
 le plaintiff was demandable. [The court 
 eld that he was.] Then the court ad- 
 lonished him [the defendant,] and also 
 is compurgators, which they regarded not 
 5 much as to desist from it. Accordingly 
 tie defendant was sworn, that he owed 
 ot the money jreoc^o ei forma, as the plain- 
 iff had declared, nor any penny thereof, 
 "hen his compurgators standing behind 
 im were called over, and each held up his 
 ight hand, and then laid their hands upon 
 lie book, and swore that they believed 
 'hat the defendant swore was true." 
 This formality of acquitting one's self of 
 claim by oath, was properly and techni- 
 ally called " making law " or ^'■perfecting 
 iw ;" the word " law " being used in its 
 ncient sense of oath. See Law. Lord 
 !oke, however, supposes the term to 
 lean, " taking the benefit which the law 
 Uowed the party." Co. Litt. 295. Wager 
 f law strictly signified merely the pre- 
 minary formality of giving gage or secu- 
 ity, but (probably in consequence of the 
 mbiguous character of the expression, 
 making law ") is generally used in the 
 lOoks, to denote the whole proceeding. 3 
 31. Com. 341—348. See Fleta, lib. 2, c. 
 
 :7,,§5. 
 
 Wager of law was one of the most an- 
 ient proceedings in English practice. It 
 s distinctly described in Glanville, {ub. 
 up.) and was probably introduced by the 
 5axons. Montesquieu mentions it, under 
 he name of the custom of negative proofs, 
 Vusage des preuves negatives,) as permitted 
 )y the laws of the Ripuarian Franks, and 
 )f the AUemans, Bavarians, Thuringians, 
 Frisians, Saxons, Lombards and Burgundi- 
 ms. Esprit des Lois, liv. 28, c. 13. The 
 ast instance of its use in the English courts 
 ippears to have been in the case of King 
 ). Williams, 2 B. d C. 538. It was abol- 
 shed as late as the statute 2 & 4 Will. IV. 
 !. 42, § 13. In the United States it seems 
 lever to have been practiced, but if it ever 
 sxisted, it is now completely abolished. 8 
 Wheatmi's B. 642. 
 
 WAGER POLICY. In insurance law. 
 
 A policy without any real interest to sup- 
 port it ; a policy in which the insured has 
 no interest, being in fact nothing mpre 
 than a wager or bet between the parties, 
 whether such a voy^e would be perform- 
 ed, or such a ship arrive safe.* 3 Kents 
 Com. 277, 278. A mere hope or expecta- 
 tion, without some interest in the subject 
 matter, is a wager policy. Id. 275. Mr. 
 Arnould defines a wager policy to be " one 
 in which the parties, by express terms, dis- 
 claim, on the face of it, the intention of 
 making a contract of indemnity." 1 Am. 
 on Ins. 276, (281, Perkins' ed.) Policies 
 of this kind are now generally held to be 
 illegal. Id. 285, (289.) 1 Duer on Ins. 
 93—95. Id. 164, 155. 
 
 WAGES. In maritime law. The com- 
 pensation allowed to seamen for their ser- 
 vices on board a vessel during a voyage.* 
 3 KenHs Com. 185, et seq. See Abbott on 
 Shipp. [605,] 115, et seq. 
 
 WAIF, Waife, WayfWayfe, Weyfe. [L. 
 Fr. weif wef ; L. Lat. wayvium, waivium, 
 weyvium, weivium.^ In English law. A 
 thing stolen, which is thrown away, (or 
 waived,) by the thief in his flight, for fear 
 of being apprehended. 1 Bl. Com. 296. 
 2 HCenfs Com, 358. Goods waived are 
 such as a thief having feloniously stolen, 
 and being newly followed with hue and 
 cry, or else overcharged with the burden 
 or trouble of the goods, for his own ease, 
 and more speedy flight, flies away and 
 leaves the goods behind him. Cowell. 
 Bracton (who is copied by Fleta) briefly 
 defines a waif to be that which no one 
 claims; {est wayvium quod nullus advo- 
 cat.) Bract, fol. 125 b. Fleta, lib, 1, c. 
 27, § 13. _ 
 
 All goods waived are forfeited to the 
 crown; but they may belong to a subject 
 by special grant or prescription. 1 Bl. 
 Com. 296. 1 CrabUs Real Prop. 520, 
 §§ 673, 674. In American law, a similar 
 right may be considered as belonging to 
 the state as against the finder, though it is 
 never exercised. 2 Rents Com. 358. 
 
 WAINABLE. In old records. That 
 may be ploughed or manured; tillable. 
 Cowell. Blount. 
 
 WAINAGE. In old English law. The 
 team and instruments of husbandry with 
 which a villein or agricultural bondman 
 performed his services.* 4 Bl. Com. 379. 
 See Wainagium. 
 
 WAINAGIUM, Wanagium, Wayna- 
 gium. L. Lat. [from Sax. lioen, a wain, 
 
WAI 
 
 (608) 
 
 WAL 
 
 or wagon.] In old English law. Wain- 
 age ; the furniture or appurtenances of a 
 wain, with which a villein performed his 
 services. Et villanus alterius quam noster, 
 eodem modo amerciaiur, salvo wainagio 
 suo; and any other's villein than ours 
 shall be amerced in the same way, saving 
 his wainage. Magna Charta, c. 14. It 
 answered to the contenementum of a free- 
 man. Id. ibid. 2 Inst. 28. Barringt. 
 Obs. Stat. 12. See Contenementum. 
 
 WAITINGf, Waitinge. In old English 
 law. A species of service. Yearb. P. 10 
 Edw. III. 41. 
 
 WAIVE. [L. Lat. waviare, waiviare, 
 wayviare, wei/viare.'\ To throw away from 
 one ; to throw aside, as a thief does the 
 thing he has stolen, in his flight ; to give 
 up that of which one has the possession ; 
 to abandon ; to relinquish voluntarily ; to 
 relinquish a right which one may enforce 
 if he chooses. In practice, a party is said 
 to waive a default, to waive a right or any 
 advantage he may have regularly gained 
 over his adversary. See Waiver. 
 
 In old English law. To forsake ; to de- 
 sert; to abandon. A man was said to 
 waive the company of thieves. Staundf. 
 PI. Cor. fol. 26. The term was applied to 
 a woman, in the same sense as outlaw to a 
 man. A woman could not be outlawed, 
 in the proper sense of the word, because, 
 according to Bracton, she was never in 
 law, that is, in a frank-pledge or decen- 
 nary ; but she might be waived, and held 
 as abandoned. {Foeinina utlagari non po- 
 test, quia ipsa non est sub lege, i. |rtlattg^e, 
 Anglice, s. infrarwo plegio sive decenna, — 
 wayviari tamen bene potest, et pro derelicta 
 haberi.) Bract, fol. 125 b. See Fleta, lib. 
 l,c. 27,§.12. 
 
 WAIVER. In practice, and pleading. 
 A throwing aside ; abandonment or relin- 
 quishment ; a passing by, or passing over ; 
 the express relinquishment of a right or 
 advantage, which one may enforce or insist 
 upon, if he pleases; the implied relin- 
 quishment of a right or advantage, by 
 neglecting to enforce it, or act upon it, 
 in proper time or manner. Errors and 
 irregularities are often cured by waiver, 
 which in many cases is implied from the 
 acts of a party. If a party, being aware 
 of an irregularity in the other's proceed- 
 ings, overlook it, and take subsequent 
 steps in the cause, or where, after being 
 fully put on inquiry, he neglect to inform 
 himself of the irregularity, it is a waiver 
 
 of the irregularity, and he cannot after- 
 wards take advantage of it. 1 Burr. Pr. 
 4:14:. See Broom's Max. 59, 60, [101— 
 103.] 
 
 WAIVIARE, Wayviare, Weyviare. L. 
 Lat. [from Lomb. wifare, huifare, or gui- 
 fare, according to Spelman.] In old Eng- 
 lish law. To waive ; to throw away ; to 
 forsake, or abandon; to hold as derelict. 
 Spelman. 
 
 To waive ; to outlaw a woman. Beg. 
 Orig. 216 b, 211. Fleta, lib. 1, c. 27, 
 §§ 12, 13. 
 
 WAIVIARIA. L. Lat. [from waiviare, 
 q. v.] In old English practice. The 
 waiving of a woman; a proceeding an- 
 swering to the outlawry of a man ; waivi- 
 ary.* Utlagaria et waviaria. Beg. Orig. 
 132 b 133 
 
 WAIVlijM. L. Lat. In old English 
 law. Waif; a waif. See Wayvium. 
 
 WAKENING. In Scotch law. The 
 revival of an action. A process by which 
 an action that has lain over and not been 
 insisted in for a year and a day, and thus 
 technically said to have " fallen asleep," is 
 wakened, or put in motion again ; or, in the 
 quaint language of Forbes, " is roused and 
 set a going." 1 Forbes' Inst, part 4, p. 
 170. Frsk. Pr. b. 4, tit. 1, § 33. BelVs 
 Diet. 
 
 WALAPAUZ. Lomb. In old Lom- 
 bardic law. The disguising the head or 
 face, with the intent of committing a theft. 
 LL. Longdbard. tit. 15, cap. ult. Linden- 
 brog derives it from the Germ, foala, head, 
 and mmtVi, to paint. 
 
 WALDA. L. Lat. [from Germ, foato; 
 Sax. weald.'\ In old records. A wood, or 
 wild woody ground. Chartul. Abbat. 
 Glasion. MS. fol. 67 a. Cowell. 
 
 WALENSIS. L. Lat. In old English 
 law. A Welshman. Mag. Cart. Johan. 
 c. 56. 
 
 WALISCIJS. L. Lat. [from Sax. wealh, 
 a foreigner or stranger.] In Saxon law. 
 A servant, or any ministerial oflScer. LL. 
 Inm, c. 34. Cowell. 
 
 WALL is distinguished by Callis from 
 3, bank; "for a bank is made ex solo et 
 fundo quce ex suis propriis naturis sunt 
 eodem cum terra super qua edificatur (out 
 of soil and ground, which, of their own 
 natures, are the same with the land upon 
 which it is built ;) but' so is not a wall, 
 for it is an artificial edifice, not of the 
 materials arising of the place where it 
 standeth, but which be brought thither 
 
WAN 
 
 (609) 
 
 WAP 
 
 nd built there." Callis on Sewers, [74,] 
 2. 
 
 WALLA., Wallia. L. Lat. [from Sax. 
 >al ; Lat. vallum.'] In old English law. 
 L bank of earth cast up for a mound, or 
 oundary; a wall; a sea-wall. 2 Mon. 
 Ingl. 920. Goviell. Spelman, voc. Wallia. 
 
 WALLARE. L. Lat. In old English 
 iw. To repair or keep up a wall. Som- 
 er's Gavelk. 181. 
 
 To wall or enclose. Wallatur fossato 
 el haiA ; it is enclosed with a ditch or 
 ith a hedge. Fleta, lib. 5, c. 9, § 16. 
 
 WALLESHERIA. L.Lat. InoldEng- 
 sh law. Walescherj ; the fact of being a 
 Welshman. Stat. Wallim, 12 Edw. I. c. 
 , 2 Beeves' Hist. 96. Answering to Ung- 
 scheria, in case of an Englishman. See 
 Inglecery. 
 
 WALLIA. L. Lat. In old English law. 
 . wall ; a sea-wall ; a mound, barik or wall 
 •ected in marshy districts as a protection 
 gainst the sea. Spelman. Questus est 
 ibis A. quod B. quasdam wallias apud N. 
 '0 salvatione terrarum ibidem adjacentium 
 ntra jiuxus et rejluxus maris erectas, fre- 
 t ; A. hath complained to us that B. hath 
 •oken down certain walls erected at N. for 
 ,e protection of the lands lying in that 
 lighborhood, against the Sowings and 
 >bings of the sea. Reg. Orig. 93. 
 WALLIA. L. Lat. In old English law. 
 ''ales. Mag. Cart, Johan. c. 56. 
 WALLI^ STATUTUM. L.Lat. The 
 atute of Wales. 2 Reeves^ Hist. 93. 1 
 hitt. Bl. Com,. 94.- See Statutum Wallim. 
 WALLICU8. L.Lat. Welsh. Homines 
 ^allici ; Welshmen. 1 Leon, 31. Wal- 
 ■am loquentes linguam ; speaking the 
 ""elsh tongue. 
 
 WAMPUM. In American law. Indian 
 oney or currency, called by the New-York 
 iitch, seewan, and wampum by the Eng- 
 h. This continued to constitute the com- 
 3n currency of the country long after it 
 ased to belong to the Dutch. In 1693, 
 6 ferriage for each single person from 
 3w-York to Brooklyn was eight styvers 
 wampum, or a silver two-pence. 0' Cal- 
 jhan's New-Neth, vol. i. pp. 60, 61, and 
 te. 
 
 WAND OF PEACE. In Scotch law. 
 wand or staff carried by the messenger 
 a court, and which, when deforced, (that 
 
 hindered from executing process) he 
 eaks, as a symbol of the deforcement, 
 d protest for remedy of law. 2 Forbes' 
 St, 20V. 
 Vol. IL 39 
 
 WANG. Sax. In old English law. A 
 field. Blount. 
 
 The cheek or jaw wherein the teeth are 
 set. " Hence with Chaucer," says Blount, 
 " we call the cheek-teeth or grinders wangs 
 and wang-teeth, which is also notified in 
 that old way of sealing writings : 
 And in witness that this is sooth, 
 I bite the wax with my «io»^-tooth." 
 
 WANNAGIUM. L. Lat. A word oc- 
 curring in Hoveden's Annals, which Spel- 
 man gives, but without definition. The 
 following expressions would seem to de- 
 note it to be a quantity of land allotted to 
 the working of one plough. Quot caruca- 
 rum wannagia/wenni in singulis villis, (fee. 
 Ad uniuseujusgue carucce waniiagium cen- 
 tum acras terrce. (How many wannages of 
 ploughs there were in every vill,. &c. For 
 the wannage of every plough, one hundred 
 acres of land.) Hoved. Ann. pars post. fol. 
 443, num. 30. It seems to be only another 
 form of wainagium, (q. v.) 
 
 WAPENTAKE, [from Sax. wmpen, 
 weapons, and tac, touch, or take ; L. Lat. 
 wapentakium, wapentachium.J In English 
 law. A division of a county in the north 
 part of England, (viz. in the counties of 
 Yorkshire, Lincolnshire, Nottinghamshire, 
 Leicestershire, and Northamptonshire) cor- 
 responding with a hundred. Lamb. Ex- 
 plic. voc. Centuria. Cowell. LL. Edw. Conf. 
 c. 33, cited ibid. Fleta, lib. 2, c. 61, § 21. 
 1 Bl, Com. 115. Qui convenire faciunt 
 hundreda, sive wapentachia. Bract, fol. 
 116 b. Per hundreda [sive] wapentakya. 
 Id. fol. 155. 
 
 A hundred court, or hundred-gemote. 
 Crabb's Hist. 21, The term seems to be 
 still in use. 1 Steph. Com, 111. 
 
 *;5t* Hoveden derives this word from 
 the Sax. wcepen, and tac, (Lat. tactus armo- 
 rum) literally, weapon-touch, an ancient 
 ceremony performed in the hundred, and 
 which he describes in the following words : 
 Cum quis accipiebat prcefecturam wapen- 
 tachii, die statuto, in loco uhi consueverunt 
 congregari, omnes majores contra eum con- 
 veniebant, et descendente de equo suo, omnes 
 assurgebant ei. Ipse vero erectA lanceA suA, 
 ab omnibus secundum moremfmdus accipie- 
 bat : omnes enim, quotquot vemissent, cum 
 lanceis suis hastam tangebant, et ita confir- 
 mabant per contactum armorum, (fee, &c. 
 (When any one received the appointment 
 of chief of a wapentake, on a day appointed, 
 all the principal men came together to 
 meet him, in the place where they usually 
 
WAR 
 
 (610) 
 
 WAR 
 
 assembled, and as he alighted from his 
 horse, all rose up before him. The chief 
 then, raising his lance, received fealty from 
 them all, according to custom ; for all who 
 were present touched his lance with theirs, 
 and thus, by the touch of their weapons, ex- 
 pressed their submission to his authority.) 
 Hoved. Ann. apud Cowell. The same cere- 
 mony is described by Fleta in nearly the 
 same words. Fleta, lib. 2, c. 61, §§ 21, 22. 
 This ceremony seems to have been derived 
 from the use made of the spear or framea 
 by the ancient Germans, in their popular 
 assemblies, as described by Tacitus. Be 
 Mor. Germ. ell. Spelman. Banulph of 
 Chester, however, explains wapentake to 
 mean a taking of weapons, observing, that 
 as often as there was a new lord of a hun- 
 dred, the vassals gave up their arms to him 
 in token of subjection ; (quoties novus esset 
 hundredi dominus, ei in subjectionis signum, 
 arma redderent vassalli.) Ranulph Cesir. 
 lib. 1, c. 5, apud Cowell. And Sir Thomas 
 Smith, (2)e Bepuh. Anglm; lib. 2, c. 16,) 
 says that anciently musters were taken of 
 the armor and weapons of the several in- 
 habitants of every several wapentake, and 
 from those that could not find sufficient 
 pledges for their good abearing, their wea- 
 pons were taken away and given to others. 
 Cowell. See Fortescue de L. L. Anglim, 
 c. 24, note. 
 
 WAR. [Lat. helium ; Fr. guerre ; L. 
 Lat. guerra, werra.^ A state of forcible 
 contention ; an armed contest between na- 
 tions ; a state of hostility between one or 
 more nations or states. Grotius de Jur. 
 Bell. lib. 1, c. 1. See Bellum. 
 
 WARA. L. Lat In old records. A 
 q uantity or measure of ground. Concedi- 
 mus — waram et dimidiam, cum cotlandis et 
 msuper medietatem totius nemoris ; we have 
 granted a [ware] and a half, with the cot- 
 lands, and a moiety of the whole wood be- 
 sides. 2 Mon. Ang. 128. Cowell. 
 
 WARACTUM. L.Lat. In old English 
 law. Fallow; fallow-ground. Quandotene- 
 mentum jacet incultum et ad waractum ; 
 when the tenement lies untilled, and at fal- 
 low. Bract, fol. 228 b. See Warectum. 
 
 WARANTIA. L. Lat. In old English 
 law. Warranty; guaranty. Spelman gives 
 the word in this form, which is used in 
 Fleta, but in Bracton and the Register it 
 is written warrantia, (q. v.) 
 
 WARANTIZARE. L.Lat. In old Eng- 
 lish law. To warrant. Fleta, lib. 6, c. 4, 
 § 1. Warantizare nihil aliud est quam te- 
 
 nentem vocantem defendere in sua seisina 
 vel possessione erga peieniem ; to warrant is 
 nothing else than to defend a tenant, vouch- 
 ing in his seisin or possession, against the 
 demandant. Id. lib. 6, c. 23, § 2. 
 
 WARANTIZATIO. L. Lat. In old 
 English law. Warranty. Fleta, lib. 5, c. 
 4 H 5. 
 ' WARANTIZO. L. Lat. In old Eng- 
 lish law. I warrant. Fleta, lib. 5, c. 4, § 4. 
 
 WARANTUS, Warrantus. L. Lat. 
 
 EL. Fr. garaunt.] In old English law. 
 )ne who had covenanted to warrant an- 
 other's title, and who might, therefore, be 
 called upon, or vouched to warrant and de- 
 fend it; a warrantor. Hahet forte teriens 
 warantum et defensorem, qui eum defendere 
 tenetur in seysina sua contra petentem ; the 
 tenant perhaps has a warrantor and defen- 
 der, who is bound to defend him in his 
 seisin against the demandant. Bract, fol. 
 257 b. Fleta, lib. 5, c. 4, § 1. Quis pos- 
 set warrantum vocare ; who may vouch a 
 warrantor. Bract, fol. 380 b. Quis vo- 
 cari possit ad warrantum; who may be 
 vouched to warranty. Id. ibid. Called, in 
 ^ntton, garaunt, and garaunt voche. Britt. 
 c. 75. 
 
 WARD, {from L. Fr. gard, garde, from 
 garder, to guard or keep ; L. Lat. warda ; 
 Lat. custodial In old English law. Guard ; 
 protection ; defence ; the duty of guarding 
 a place. 1 Bl. Com. 356. See Watch and 
 ward. 
 
 The state of being under protection or 
 guardianship. An heir.under age was said 
 to be in ward. 2 Bl. Com. 67. 
 
 An infant under guardianship. Stat. 32 
 Hen. VIII. c. 46. Lord Hale uses the civil 
 law term pupil. Anal. sect. xx. 
 
 A place under the protection of a per- 
 son ; a division of a city, under the charge 
 of an alderman. Stow. Cowell. A divi- 
 sion of a forest. Manwood, part 1, p. 97. 
 Spelman. 
 
 A place of custody or confinement ; a 
 prison, {career.) Spelman. 
 
 A state of confinement ; imprisonment, 
 [incarceratio.) Id, 
 
 WARD. In modern law. A person 
 under the charge or care of a guardian ; a 
 minor under guardianship. 1 Bl. Com. 
 463. 
 
 A division of a city, under the charge of 
 an alderman. See Ward, supra. 
 
 WARD-CORN. [Fr. corn, horn.] In 
 old English law. The duty of keeping 
 watch and ward, with a horn to blow upon 
 
WAR 
 
 (611) 
 
 WAR 
 
 occasion of surprise. 1 Mon. Angl, 
 
 V"ARD-FEGH, Ward-f(oh. Sax. In 
 records. Ward-fee; the value of a 
 d, or the money paid to the lord for 
 redemption from wardship. Blount. 
 VARD-HOLDING. In old Scotch law. 
 ure by military service ; the proper feu- 
 tcnure of Scotland. Abolished by stat- 
 20 Geo. II. c. 50. Ersk. Pr. b. 2, tit. 
 5 1. So called from the incident of 
 d or wardship belonging to it. See 1 
 hes^ Inst, part 2, p. 97. BeWs Diet. 
 VARD-MOTE. [L. Lat. wardemotus, 
 a ward, and Sax. mote, or gemote, a 
 ;ting.] In English law. A court kept 
 ivery ward in London, commonly called 
 ward-mote-court, or inquest. Cowell. 
 nst. 249. 2 Show. 525. 
 VARD-PENNY, Warth-penny, War- 
 , In old English law. Money paid to 
 sheriff or castellains, for the duty of 
 ohing and warding a castle. Spelman. 
 irt, Gul. Conq. Secies. S. Martini de 
 lo. 
 
 /VARD-STAFP. In old records. A 
 stable's or watchman's staff. Cowell. 
 YARD- WIT, Wardwyte, Warwite. In 
 English law. Immunity or exemption 
 n the duty or service of ward, or from 
 tributing to such service. Spelman. 
 jmption from amercement for not find- 
 a man to do ward. Fleta, lib. 1, c. 47, 
 6. Co. Litt. 83. 
 
 NABDk. L. Lat. In old English law. 
 ird ; guard ; protection ; keeping ; cus- 
 y, (tutela, custodia.) Spelman. 
 \. ward ; an infant under wardship. Id. 
 /VARDA, Varda. L. Lat. In old Scotch 
 . An award ; the judgment of a court. 
 wardis et judiciis petilis ; in awards and 
 gments prayed for. Quon. Attach, c. 
 § penult. Id. c. 35, §§ 1, 2. Spelman. 
 A^ARDARE, Vardare. L. Lat. In old 
 tch law. To award ; to decree or ad- 
 ge ; to pronounce judgment. Spelman, 
 ting Skene. 
 
 iVARDEGEMOT. [from ward, and Sax. 
 iote, meeting.] In Saxon law. The meet- 
 of a ward, or the inhabitants of a ward ; 
 )urt held in, or for a ward. Spelman, 
 . Gemotum. See Wardmote. 
 VARDEN. [L. Fr. gardein ; Lat. cus- 
 ; L. Lat. gardianus.\ In English law. 
 3 who has the keeping or charge of any 
 3on or thing, by office ; a keeper. Va- 
 is officers under this name are men- 
 led in old statutes ; as Warden of the 
 
 marshes, Warden of the forest, Wardens 
 of the rolls in the chancery. Warden or 
 clerk of the hanaper in chancery, Warden 
 of the stannaries. Warden of the Cinque 
 Ports, Warden of the Fleet. Cowell. 
 WARDEN OF THE CINQUE PORTS. 
 
 EL. Lat. gardianUi quinque portuum.J In 
 Snglish law. The title of the governor or 
 presiding officer of the Cinque Ports. Cam- 
 den supposes this office to have been cre- 
 ated in imitation of the policy of the Ro- 
 mans, who appointed a magistrate or gov- 
 ernor over the eastern parts of England, 
 for the special protection of the seacoast 
 against invasion. Camd. Brit. 238. See 
 Cinque Ports. 
 
 WARDS AND LIVERIES. In Eng- 
 lish law. The title of a court of record, 
 established in the reign of Henry VIII. 
 See Court of Wards and Liveries. 
 
 WARDSHIP. [L. Fr. garde; Lat. 
 custodia.'^ In feudal and old English law. 
 Guardianship ; the right of acting as guar- 
 dian to the heir of a tenant by knight-ser- 
 vice.* This wardship consisted in having 
 the custody of the body and lands of the 
 heir, without any account of the profits, 
 till the age of twenty-one in males, and 
 sixteen in females. 2 Bl. Com. 67. Britt. 
 c. 66. 
 
 WARE, Wair. O. Sc. [from O. Fr. 
 varech.'] In old Scotch charters. Sea- 
 weed, or that which is thrown up by the 
 sea. Spelman. 
 
 WARECTARE. L. Lat. In old Eng- 
 lish law. To fallow ground ; or plough up 
 land (designed for wheat) in the spring, in 
 order to let it lie fallow for the better im- 
 provement. Cowell. Ad warectandum. 
 1 Mon. Angl. 525. Warectandi tempus. 
 Fleta, lib. 2, c. 73, § 10. 
 
 WARECT. L. Fr. In old English law. 
 Fallow. Gist warect ; lies fallow. Yearb. 
 P. 11 Hen. VL 9. 
 
 WARECTUM, Waractum, Wareccum. 
 L. Lat. In old English law. Fallow 
 ground ; land that has been neglected and 
 long untilled. Fleta, lib. 2, c. 72, § 5 ; 
 c. 73, § 12. 2 Mon. Angl. 253. Cowell. 
 Co. Litt. 5 b. Bracton writes this word, 
 waractum, (q. v.) 
 
 WARENDA. L. Lat. In old Euro- 
 pean law. Warranty ; a word of frequent 
 occurrence in the Mirror of Saxony, corres- 
 ponding to the warantia, or warrantia of 
 old English law. Spelman, voc. Warantia. 
 
 WARENNA. L. Lat. In old English- 
 law. Warren ; a warren. Spelman. Li- 
 
WAR 
 
 (612) 
 
 WAE 
 
 herawarenna; free warren, (q, v.) Quare 
 vi et amis liberam warennam ipsius- A. 
 ajmd K. intravit, et in ea, sine liceniia et 
 voluntate sua, fugavit et lepores, cuniculos, 
 phasianos et perdices cepit et asportavit, &c. ; 
 wherefore, with force and arms, he entered 
 the free warren of the said A. at N. and 
 therein, without his license and consent, 
 chased, took and carried away hares, conies, 
 pheasants and partridges, &c. lieff, Orig. 
 93 b. 
 
 WAEENTAKE. L. Lat. \Lomh.guar- 
 entarei\ In old European law. To warrant. 
 Spelman. 
 
 WARENTIZARE. L. Lat. [Lomb. 
 guarentizare.'\ In old English law. To 
 warrant; to save one harmless. Spelman. 
 The more common form was warrantizare, 
 (q. V.) 
 
 WARGUS. L. Lat. In old European 
 law. An outcast ; an exile ; a banished 
 person. Si guis corpus jam sepulium effo- 
 derit vel exspoliaverit, wargus sit; hoc est, 
 expulsus de eodem pago, usque dum cum 
 parentihus defuncii conveniret ; if any one 
 shall disinter or rob a body that has been 
 buried, he shall be wargus, that is, driven 
 out of the country, until he shall make 
 satisfaction for the offence to the relatives 
 of the deceased. L. Salic tit. 5*1, § 5. 
 L. Bipuar. tit. 85, § 2. ZL. Hen. I. c. 84. 
 Spelman. 
 
 WARNIAMENTUM. L. Lat. [L. Fr. 
 garnement.'l In old records. A garment. 
 Chartul. Badinges, MS. fol. 63, apud 
 Cowell. 
 
 WARNISTURA. L. Lat. In old re- 
 cords. Garniture ; furniture ; provision. 
 Pat. 9 Hen. III. Cowell. 
 
 WARNOTH. In old English law. An 
 ancient custom, whereby, if any tenant 
 holding of the Castle of Dover, failed in 
 paying his rent at the day, he should forfeit 
 double, and for the second failure, treble, 
 &c. Cowell. 
 
 WARRANDICE. In Scotch law. War- 
 ranty ; a clause in a charter or deed by 
 which the grantor obliges himself that the 
 right conveyed shall be effectual to the re- 
 ceiver. ^rsA. Pr. b. 2, tit. 3, § 1 1. A clause 
 whereby the granter of a charter obligeth 
 himself to warrant or make good the thing 
 granted to the receiver, 1 Forbes^ Inst. 
 part 2, p. 113. 
 
 A warrandice contra omnes mortales 
 (against all mortals, or, as it is singularly 
 translated, against all deadly,) or in other 
 words an absolute warrandice, is one where- 
 
 by the right is warranted against all legal 
 defects in it, which may carry it off from 
 the receiver, either wholly or in part. Id. 
 ibid. 1 Forbes' Inst. ub. sup. 
 
 WARRANT, [from 0. Fr. guarent ; 
 Lomb. warens."] In practice. An author- 
 ity to do some judicial act ; a power de- 
 rived from a court, to take some person or 
 property. A process under seal, issued by 
 some court or justice, authorizing the oflS- 
 cer to whom it is directed to arrest or ap- 
 prehend a person named, or to take certain 
 property.* A warrant is said to imply a 
 seal, in all cases where a seal has not been 
 dispensed with by statute. Bronson, J. 3 
 HilVs (N. Y.) R. 497. 
 
 An authority to do some act in court, 
 for another ; as to sue, to appear and de- 
 fend a suit ; to confess a judgment, <fec. 
 See Warrant of attorney. Warrant to sue 
 and defend. 
 
 To WARRANT. [L. Lat. warentare, 
 guarentare, warentisare, guarentisare, war- 
 rantizare i L. Fr. garaunter.'\ In convey- 
 ancing. To assure the title to property 
 sold, by an express covenant to that effect 
 in the deed of conveyance. To bind one's 
 self by a covenant in a deed, to defend the 
 grantee in his title and possession. To 
 stipulate by an express covenant that the 
 title of a grantee shall be good, and his 
 possession undisturbed. See Warranty. 
 
 In contracts. To engage, or stipulate in 
 writing, or by words, that a certain fact in 
 relation to the subject of the contract is or 
 shall be as represented ; as, in the contract 
 of sale, that the thing sold is free from de- 
 fect, or shall prove to be of the quality or 
 quantity represented; in a policy of in- 
 surance, that a thing insured is neutral 
 property, or that a ship shall sail on or be- 
 fore a certain day, &c. See Warranty. 
 
 WARRANT OF ATTORNEY. In 
 practice. A written authority, directed to 
 any attorney or attorneys of any court of 
 record, to appear for the party executing 
 it, and receive a declaration for him in an 
 action at the suit of a person named, and 
 thereupon to confess the same, or to suffer 
 judgment to pass by default ; and it also 
 usually contains a release of errors. 2 Burr. 
 Pr. 239. 
 
 Warrants of attorney to confess judg- 
 ment are most commonly given where it is 
 intended to secure a debt by giving to it 
 the form of a judgment, without the ne- 
 cessity of an actual suit for the purpose. 
 In these cases, they are accompanied' by a 
 
WAR 
 
 (613) 
 
 WAR 
 
 i in a penalty double the amount due, 
 ntended to be secured, conditioned to 
 
 the amount due on demand, or as the 
 iies may agree, and to this description 
 londs the common warrants of attorney 
 
 adapted. 1 Id. 367. 
 /"ARRANT TO SUE AND DEFEND, 
 old practice. A special warrant from 
 
 crown, authorizing a party to appoint 
 attorney to sue or defend for him. 6^476. 
 P. 32. 3 Bl. Com. 25. 
 5l special authority given by a party to 
 attorney, to commence a suit, or to ap- 
 ,r and defend a suit, in his behalf. These 
 •rants are now disused, though formal 
 ries of them upon the record were long 
 lined in practice. See 1 Burr. Pr. 39. 
 rt^ARRANTIA, Warantia. L. Lat. In 
 
 practice. Warranty. Bract, lib. 5, 
 ;t. 4. 
 
 iVARRANTIA CHARTS. L. Lat. 
 sld practice. Warranty of charter. A 
 t which lay for one who being enfeoffed 
 lands or tenements, with a clause of 
 :ranty, was afterwards impleaded in an 
 Lse or other action in which he could 
 I vouch to warranty. In such case, it 
 fht be brought against the warrantor, to 
 apel him to assist the tenant with a 
 )d plea or defence, or else to render 
 nages and the value of the land, if re- 
 ered against the tenant. Cowell. 3 
 
 Com. 300. See De Warrantia Char- 
 
 Warraniia chartce was, in other words, 
 action brought to take advantage of a 
 rranty, in lieu of voucher, and by judg- 
 nt in it the plaintiff might bind the lands 
 bhe warrantor, and have damages award- 
 to him. Hoscoe's Real Act. 142. See 
 ITent's Com. 469, 471. Fleta calls it 
 rantia cartce. Lib. 6, c. 35. 
 WARRANTIA DIEI. L. Lat. War- 
 ity of day. See Be warrantia diei. 
 WARRANTIZARE, Warantizare, Wa- 
 iizare, Warrantisare. L. Lat. [L. Fr. 
 •aunter.^ In old conveyancing. To 
 rrant ; to bind one's self by covenant in 
 eed of conveyance, to defend the grantee 
 his title and possession. Warrantizaho, 
 will warrant,) and warrantizabimus, (we 
 1 warrant,) were words used in old char- 
 s, to express a warranty. Ht ego et 
 redes mei warrantizabimus tali et hcere- 
 us suis tantum, vel tali et hceredibus suis 
 issignatis, et hceredibus assignatorum, et 
 ignatisassignatorum, et eorum hceredibus, 
 acquietabimus et defendemus eis totam 
 
 terram illam cum pertinentiis contra omnes 
 gentes imperpetuum, per prcedictum servttt- 
 um. (And I and my heirs will warrant to 
 such a one and his heirs, only, or to such 
 a one and his heirs and assigns, and the 
 heirs of his assigns, and the assigns of his 
 assigns and their heirs ; and will acquit and 
 defend to them all that land with the ap- 
 purtenances, against all people forever, by 
 the aforesaid service.) Bract, fol. 37. See 
 Fleta, lib. 3, e. 14, § 10. By this word, 
 warrantizabimus, Bracton observes, the 
 donor takes upon himself the obligation to 
 defend his tenant [or donee] in the posses- 
 sion of the thing given, and his assigns 
 and their heirs, and all others, if the tene- 
 ment given should happen to be claimed 
 by any one in demesne. Id. fol. 37 b. Of 
 warrantizo, (I warrant,) Littleton observes, 
 " this word and verb makes a warranty, and 
 is the cause of warranty, and no other word 
 in our law." Litt. sect. ^733. Co. Litt. 
 384 a. 
 
 In old practice. To defend and acquit 
 a tenant who had vouched the warrantor, 
 in his seisin. Warrantizare nihil aliud est 
 quam defenders et acquietare ienentem, qui 
 warrantum vocavit, in seysina sua. Bract. 
 fol. 380 b. Fleta, lib. 6, c. 23, § 2. Co. 
 Litt. 365. To fulfil one's covenant of 
 warranty, either by successfully defending 
 the title in an action, or, in case of failure, 
 by indemnifying the tenant with other 
 lands of equal value. 
 
 WARRANTIZATIO. L. Lat. [from 
 warrantisare, q. v.] In old English law. 
 Warranty. See Warantizatio. 
 
 WARRANTUS, Warantus. L. Lat. 
 [L. Fr. garaunt.'] In old English law. A 
 warrantor; one who had warranted land 
 by covenant, and might, therefore, be called 
 upon or vouched to defend the title for the 
 tenant. Si [tenensj warrantum habuerit, 
 ilium statim vocat ; if he [the tenant] have 
 a warrantor, he should immediately vouch 
 him. Bract, fol. 380. The expressions 
 warrantum vocare, (to call or vouch a war- 
 rantor,) and ad warrantum vocare, (to call 
 to, or upon a warrantor,) are indifferently 
 used by Bracton. Id. fol. 380 b, et pas- 
 sim. The former of these answers literally 
 to the garaunt vocher of Britton. Britt. e. 
 75. " To vouch to warranty" is the usual 
 English phrase in the old books. 
 
 WARRANTY. [L. Lat. warrantia, 
 loarrantizatio ; L. Fr. garaunty, garrantyS 
 In old English conveyancing. An under- 
 taking by covenant to defend a tenant or 
 
WAR 
 
 (614) 
 
 WAR 
 
 grantee in his seisin, against an adverse 
 claimant of the land. Bract. foL 37 b, 
 380 b. Britt. c. 75. 
 
 In old practice. The complying >pith or 
 fulfilling one's covenant of warranty, by de- 
 fending the title or seisin of a tenant or 
 grantee, in an action brought against him 
 by an adverse claimant of the lands con- 
 veyed ; and in case of failure so to defend 
 the seisin, by indemnifying the tenant for 
 the lands he lost, by conveying to him 
 others of equal value, which was called 
 making exchange to the value, {excamhium 
 ad vcdentiam.) Bract, lib. 5, tract 4. 
 Britt. c. 75. 
 
 Wan-anty was one of the most import- 
 ant and extensive heads of the old law of 
 real property, distinguished for its ab- 
 struseness and multiplied refinements. Lord 
 Coke has pronounced the learning of war- 
 ranties to be " one of the most curious and 
 cunning learnings of the law." A leading 
 distinction was into lineal and collateral 
 warranty, (qq. v.) But this branch of the 
 law has long fallen into disuse, never was 
 generally adopted in American jurispru- 
 dence, has been expressly abolished in some 
 of the states, and is now at length abol- 
 ished also in England, by statute 3 & 4 
 Will. IV. cc. 27, 74. 1 Steph. Com. 455. 
 See 4 Kenfs Com. 468 — 472, and notes. 
 
 WAKRANTY. In modern law. An 
 undertaking or stipulation, in writing, or 
 verbally, that a certain fact in relation to 
 the subject of a contract, is, or shall be as 
 it is stated or promised to be. Warranty 
 forms an important part of the contracts of 
 sale and of insurance, and though generally 
 expressed, is frequently implied by law. 
 The common express warranty of an article 
 sold is, that it is free from defect, but the 
 law will imply a warranty of the title, pro- 
 vided the seller sells it as his own, and for 
 a fair price. See 2 Kenfs Com. 478. 
 
 When a person warrants an article, he 
 makes himself liable for any defect in the 
 matter to which the warranty applies, 
 whether he knew it or not; but when he 
 makes a bare representation, it is necessary 
 to aver and prove that he knew the repre- 
 sentation to be false, otherwise he is not 
 liable in damages. Dewey, J. 4 Metealfs 
 B. 155, and cases there cited. The dis- 
 tinction between a warranty and a repre- 
 sentation is an important one in the law of 
 insurance. See 5 HilFs (N. Y.) iS. 188 ; 
 and see infra. 
 
 WARRANTY. In insurance law. A 
 
 stipulation or undertaking by a party in- 
 sured, in reference to a vessel or property 
 which is the subject of insurance. 
 
 An express warranty is a stipulation^ in- 
 serted in writing on the face of the policy, 
 on the literal truth or fulfilment of which 
 the validity of the instrument depends. 
 1 Arnould on Ins. 677, (580, Perkins' ed.) 
 These written stipulations either allege the 
 existence of some fact or state of things at 
 the time, or previous to the time of making 
 the policy, as that the thing insured is 
 neutral property, that the ship is of such 
 a force, that she sailed on such a day, or 
 was all well at such a time ; or they under- 
 take for the happening of future acts, as 
 that the ship shall sail on or before a given 
 day, that she shall depart with convoy ; 
 that she shall be manned with such a com- 
 plement of men, &c. Id. ibid. The im- 
 plitd warranty in a policy is that the vessel 
 is seaworthy. Id. 652, 653. 
 
 A warranty is generally a stipulation 
 made and described in the policy itself, and 
 must be complied with, whether material or 
 not ; but a representation is generally not 
 given in detail in the policy, but verbally, 
 or in a separate writing, if the property be 
 situated at a distance. 2 Woodb. dt Min. 
 B. 472. In the law of insurance a repre- 
 sentation is not a part of the contract, but 
 is collateral to it ; whereas an express war- 
 ranty is always a part of the contract. 
 Bronson, J. 5 HilVs (N. Y.) B. 188. But 
 see 2 Duer on Ins. 644 — 646. " By the 
 English and American law," observes Mr. 
 Duer, "every a£Brmation of a feet con- 
 tained in the policy, in whatever terms 
 expressed, is construed as a warranty ; but 
 where the statement relates, not to facts, 
 but to the information, expectation or be- 
 lief of the party, it is plain that it cannot 
 be thus construed ; and it is equally clear 
 that when the parties declare that the state- 
 ment, although positive in its terms, shall be 
 construed as a representation, and not as a 
 warranty, the intention so disclaimed must 
 supersede the general rule." Id. 644, 
 645. 
 
 WARREN. [L. Lat. warenna, warren- 
 na ; L. Fr. garene, from garenner, to pro- 
 hibit ; or from Germ isvi\xta, to protect, or 
 defend.] In English law. A place privi- 
 leged by prescription, or royal grant, for 
 the keeping and preservation of certain 
 animals, called beasts and fowls of warren, 
 (q. v.) Cowell. 1 CraWs Beal Prop. 
 91, § 97. Barringt. Obs. Stat. 47, 48, 
 
WAS 
 
 C615) 
 
 WAS 
 
 ote [rf.] Literally, a place protected by 
 pecial privilege, or the use of which is 
 rohibited to all but certain individuals.* 
 'he name is now chiefly preserved in 
 rounds that are set apart for breeding 
 ares and rabbits. 2 Bl. Com. 39. 
 
 A franchise, or sole and exclusive power 
 f killing certain descriptions of game, so 
 ir as a person's warren extended, on con- 
 ition of his preventing other persons.* 
 
 Bl. Com. 39. 2 Steph. Com. 21, 83. 
 reneraliy termed free-warren, (q. v.) — A 
 rivilege which one has in his lands, by 
 oyal grant or prescription, of hunting and 
 aking wild beasts and birds of warren, to 
 he exclusion of any other person not en- 
 ering by his permission. Spelman. 
 
 WARRETTEZ. L. Fr. In old Eng- 
 ish law. Fallow. Yearh. H. 3 Edw. II. 
 18. 
 
 WARRETS. L. Fr. Fallow. Yearb. 
 :. 4 Edw. III. 1. 
 
 WARSCOT. In Saxon and Danish law. 
 L customary contribution towards armor 
 mong the Saxons, mentioned in the forest 
 aws of Canute. Quieii ab omnibus ar- 
 lorum oneribus quod Wintscot Angli di- 
 unt ; quit of all burdens of arms which 
 he English call war scot. LL. Forest, 
 lanut. Beg. num. 9. Coivell. — Money 
 laid for castle-guard, or for keeping watch 
 nd ward ; the same as ward-penny. Spel- 
 %an. 
 
 WARTH. In old English law. A 
 :ustomary payment, supposed to be the 
 ame with ward-penny, (q. v.) Spelman. 
 Blount. 
 
 WAST. L.Fr. Waste. Wast rfe Soys; 
 vaste of woods. Briit. c. 66. 
 
 WASTE. [L. Fr. wast, gast ; L. Lat. 
 lastum.'] A spoil made either in houses, 
 voods, lands, &c. by the tenant for life or 
 rears, to the prejudice of the heir, or of 
 lim in the reversion or remainder. Cowell. 
 Kitchin, 168. — A spoil br destruction in 
 louses, gardens, trees, or other corporeal 
 lereditaments, to the disherison of him that 
 lath the remainder or reversion in fee-sim- 
 ile or fee-tail. Co. Litt. 53. 2 Bl. Com. 
 i84. — The destruction or material altera- 
 ion of any part of a tenement, [by a tenant 
 br life or years] to the injury of the person 
 ;ntitled to the inheritance ; such, for ex- 
 imple, as the demolition of buildings, or 
 ihe cutting of timber. 1 Steph. Com. 241. 
 —Spoil and destruction done, or allowed 
 ;o be done, to houses, woods, lands, or 
 )ther corporeal hereditaments, by the tenant 
 
 thereof, during the continuance of his ten- 
 ancy. 3 Id. 503. — A spoil and destruc- 
 tion of an estate, either in houses, woods or 
 lands ; by demolishing, not the temporary 
 profits only, but the very substance of the 
 thing, thereby rendering it wild and deso- 
 late; which the common law expresses 
 very significantly by the word vasium. 3 
 Bl. Com. 223. 
 
 Waste and destruction, according to 
 Bracton, are convertible terms, and signify 
 the same thing, (cmivertibiliter se habent 
 vastum et destructio, et vastum idem est 
 g'Moei destructio.) jBmc«.fol. 316 b. Fleta 
 observes that they are almost equipollent, 
 and are indifferently applicable to houses, 
 woods and gardens, {fere (equipollent, et 
 convertibiliter se habent in domibus, boscis et 
 gardinis.) Fleta, lib. 1, c. 12, §20. Brit- 
 ton, however, applies the term particularly 
 to trees or woods, (wast de boys, destruc- 
 cion de tenementz.) Britt. c, 6fi. See Co. 
 Litt. 52 b, 53. 
 
 Waste is either voluntary, or permissive ; 
 the one by an actual and designed demoli- 
 tion of the lands, woods and houses ; tie 
 other arising from mere Negligence, and 
 want of sufiicient care in reparations, fences 
 and the like. 3 5^. Cow. 223. 2 /rf. 281. 
 See Voluntary waste, Permissive waste. 
 
 Waste may be committed not only by 
 destruction, but by alteration of any part of 
 a tenement. Thus, the conversion of land 
 from one species to another, as of wood- 
 land into arable, and iiiee versA, is waste, 
 2 Bl. Com. 282. 7 2V. Hamp. M. 111. 
 The conversion of two chambers of a tene- 
 ment into one is waste. 4 Kenis Com. IS, 
 note. And, in general, whatever does a last- 
 ing damage to the freehold or inheritance, 
 is waste. 2 Bl. Com. 281. As to what 
 particular acts by a tMiant constitute waste, 
 see Archb. Landl. c& Ten. 197 — 201. Mos- 
 coe's Beal Act. 116 — 119. Cruise's Dig. 
 tit. iii. ch. 2. For the American law of 
 waste, see 4 Kent's Com. 76 — 82. 11 Met- 
 calf's B. 304, 310—312. United States 
 Digest, Waste. 1 Hilliard's Beal Prop. 
 262—267. 1 Oreenleafs Cruise's Digest, 
 115 — 120, notes. 
 
 _ WASTE, Writ or action of. In old prac- 
 tice. A remedy given for waste in lands, 
 houses, &c. partly founded upon the com- 
 mon law, and partly founded upon the stat- 
 ute of Glocester, which lay for one who 
 had the immediate estate of inheritance in 
 reversion or remainder, against the tenant 
 for life, tenant in dower, tenant by curtesy, 
 
WAT 
 
 (616) 
 
 WAT 
 
 or tenant for years.* 3 Bl. Com. 227. It 
 was a mixed action, partly real, so far as it 
 recovered land, and partly personal, so 
 far as it recovered damages. For it was 
 brought for both these purposes, and if the 
 waste were proved, the tenant recovered 
 the thing or place wasted, and also treble 
 damages, /rf. 228. SesBoicoe^s BealAct. 
 ]07, 121—125. 
 
 This action, after having long fallen into 
 disuse, was expressly abolished in England 
 by the statute 3 & 4 Will. IV. c. 27. In 
 the United States, it has been generally 
 adopted, though little used, being for the 
 most part superseded in practice by an ac- 
 tion on the case in the nature of waste, to 
 cover damages, or by bill in equity. 4 
 Kenfs Com. 77, 79, 80. See 1 Qreenl. 
 Cruisers Dig. 122, note. 1 Hilliard's Heal 
 Prop. 268—276. 
 
 WASTE. In old English criminal law. 
 A prerogative or liberty on the part of the 
 crown, of committing waste on the lands of 
 felons, by pulling down their houses, extir- 
 pating their gardens, ploughing their mea- 
 dows, and cutting down their woods. 4 £1. 
 Com. 385. See Year, day and waste. 
 
 WASTEL. [L. Fr. gastel ; L. Lat. 
 wastelhim.^ In old English law. The 
 finest sort of bread. Britt. c. 30. Cowell. 
 WASTELLUM. L. Lat. In old Eng- 
 lish law. Wastel ; a Mud of bread. Fleta, 
 lib. 2, c. 9, §§ 1, 2. 
 
 WASTINTJM. L. Lat. In old records. 
 Waste ground, or desert. Cowell. Char- 
 tul. Abbat. Glaston. MS. cited ibid. 
 
 WASTORS. In old statutes. A kind 
 of thieves. " There have been divers man- 
 slaughters, felonies and robberies, done by 
 people called Eoberdsmen, Waators, and 
 Drawlatches." Stat. 4 Hm. IV. c. 27. 
 Stat. 5 Edw. ni. c. 14. 
 
 WATCH AND WARD. In English 
 law. The duty of keeping watch by night, 
 and gt(ard by day, in a town or other dis- 
 trict.* One of the principal duties of con- 
 stables, arising from the statute of Win- 
 chester. 1 £1. Com. 356. Ward, guard, 
 or cttstodia, is chiefly applied to the day 
 time, in order to apprehend rioters and 
 robbers on the highways. Watch (Tent. 
 iau^t or faatta) is properly applicable to 
 the night only, and it begins at the time 
 when ward ends, and ends when that be- 
 ins.* Id. 356, 357. See 4 Id. 292. 
 WATER, [Lat. aqua ; L. Fr. awe, eawe, 
 ewe; Fr. eaw,] is considered in law as a 
 mere incident or appurtenant to land, and 
 
 cannot be conveyed or recovered independ- 
 ently of the land which it covers. Aqua 
 cedit solo. Water belongs to, or goes with 
 the land. Land, on the other hand, in- 
 cludes water as well as other things that 
 are upon it. " And therefore," observes 
 Sir William Blackstone, " I cannot bring 
 an action to recover possession of a pool 
 or other piece of water, by the name of 
 water only ; either by calculating its capa- 
 city, as for so many cubical- yards ; or by 
 superficial measure, for twenty acres of 
 water ; or by general description, as for a 
 pond, a water-course, or a rivulet; but I 
 must bring my action for the land that lies 
 at the bottom, and must call it twenty acres 
 of land covered with water. Brownl. 142. 
 For water is a moveable, wandering thing, 
 and must of necessity continue common by 
 the law of nature ; so that I can only have 
 a temporary, transient, usufructuary pro- 
 perty therein : wherefore, if a body of water 
 runs out of my pond into another man's, I 
 have no right to reclaim it. But, the land 
 which that water covers is permanent, 
 fixed and immoveable : and, therefore, in 
 this I may have a certain substantial pro- 
 perty, of which the law will take notice, 
 and not of the other." 2 £1. Com. 18. 
 See 1 miliard's Heal Prop. 51. 2 /(^. 1 00. 
 By a grant of water, nothing passes but a 
 right of fishing, or the right to use the 
 water, as in the case of rivers and mill 
 streams. 2 Chitt. £1. Com. 19, and note. 
 See 1 Crabb's Real Prop. 107, § 104. 1 
 Chitt. Gen. Pr. 189—191. 
 
 WATER-BAILIFF. In English law. 
 An ofiicer in port towns, whose duties in 
 general relate to the searching of ships. 
 Cowell, 
 
 WATER-BAYLEY. In American law. 
 An officer mentioned in the colony laws of 
 New-Plymouth, (A.D. 1671,) whose duty 
 was to collect dues to the colony for fish 
 taken in their waters. Colony Laws, (ed. 
 1836,) 164, 166. Probably another form 
 of water-bailiff, (q. v.) 
 
 WATEfirCOURSE. [L. Lat. ajwa c«r- 
 sus ; L. Fr. cours del ewe.^ A running 
 stream of water ; a body of running water ; 
 a natural stream, including rivers and rivu- 
 lets. S&eAngell on Water-Courses, § 3. A 
 water-course consists of water, bed and 
 banks. 3 Ohio R. 496. Cowen, J. 20 
 Wendell's R. 153. It may be artificial as 
 well as natural 3 Kents Com. 442, note. 
 The easement of receiving water in its 
 accustomed course. 1 Crabb's Real Prop. 
 
WAT 
 
 (617) 
 
 WAY 
 
 355, § 405. — The right which a man may 
 have to the benefit of the flow of a river 
 or stream. 2 Steph. Com. 12. 
 
 This right most commonly refers to a 
 stream passing through a person's own land, 
 (1 Tyr. dc Oram. 398,) and the banks of 
 which belong either to himself on both 
 sides, or to himself Qn one side and to his 
 neighbor on the other; in which latter case, 
 (unless the stream be navigable,) the pro- 
 prietor of each bank is considered as primd 
 facie the proprietor also of half the land 
 covered by the stream, that is, usque filum 
 aquce. Hale de Jur. Maris, pars 1, c. 1. 
 
 1 Sim. & Stu. \W. 2 Rol. Abr. 170. 
 
 2 Steph. Com. 1 2. In either case, how- 
 ever, it is distinguishable from the right of 
 merely using the water upon the soil, (which 
 is incident, as of course, to the property in 
 the soil itself;) it is the right of having the 
 course of the stream kept free from any in- 
 terruption or disturbance to the party's pre- 
 judice, by the acts of persons from without 
 and in parts not within his own territory, 
 whether consisting in a diversion of it, or 
 an obstruction, or a pollution by ofiensive 
 commixture. Id. ibid. The maxim is Aqua 
 currit, et debet turrere, ut eurrcre solebat, 
 (q. V.) See further, 3 Kenfs Com. 439, 
 447. A water-course is regarded in law as 
 a part c^i the land over which it flows, and 
 will therefore pass with the latter by a deed 
 or patent, unless expressly reserved. 2 Jlil- 
 liard's Seal Prop. 100. 
 
 WATER-GANG. Sax. [L. Lat. aqua- 
 gangia, watergangium.^ In old records. 
 A passage for water ; a trench to carry a 
 stream of water, such as were usually made 
 in sea-walls, to drain , water out of the 
 marshes. Cowell. Spelman, voc. Aqua- 
 gium, Dugdale on Imbanhing, 21, et 
 passim. 
 
 WATER-GAVEL. In old records. A 
 gavel or rent paid for fishing in, or other 
 benefit received from some river or water. 
 Cowell. Blount. 
 
 WATER-MEASURE. In old statutes. 
 A measure greater than Winchester meas- 
 ure by about three gallons in the bushel. 
 Stat. 22 Car. II. Cowell. 
 
 WATER-ORDEAL. [L. Lai. judicium 
 aqucB.] In Saxon and old English law. 
 The ordeal or trial by water, which was of 
 two kinds; by hot water, and by cold 
 water. 
 
 The hot water ordeal, (aqua fervida or 
 calida,) was performed by plunging the 
 bare arm up to the elbow in boiling water. 
 
 and escaping unhurt thereby. 4 Bl. Com, 
 243. Spelman, voce. Judicium Dei, Orda^ 
 Hum. 
 
 The cold water ordeal, {aqua frigida^ 
 was performed by casting the person sus- 
 pected into a river or pond of cold water, 
 when, if he floated therein, without any 
 action of swimming, it was deemed an 
 evidence of his guilt ; but if he sunk, he 
 was acquitted. Id. ibid. 
 
 WATLING (or WETLING) STREET. 
 [Sax. Wceteling Strcete ; L. Lat. Via Vete- 
 lingiana,'] One of the four great Roman 
 ways or roads in Britain. Cowell. Blount, 
 LL. Qui. Conq. 1. 80. Fleta, lib. 2, c. 61, 
 § 31. Otherwise called Verlam Street, 
 from its passing through Verulam. Spel- 
 man, voc. Ikenild Street. 
 
 WAVESON. In old records. Such 
 goods as, after a wreck, swim or float on the 
 waves. This word occurs, in connection 
 with fiotteson and lagason, in a charter 
 granted by Arthur Plantagenet, High Ad- 
 miral of England, to the mayor and citizens 
 of Rochester, dated Dec. 4. 18 Hen. VIII. 
 Cowell. Blount. See Flotsam. 
 
 WAY. [Lat. via; L. Fr. chemyn, 
 chimin ; L. Lat. chiminus, chiminumi\ A 
 road ; a street ; a passage or path. A way, 
 in the most general sense, includes high- 
 ways as well as private ways. See Co. 
 Litt. 56 a. 
 
 A private road, passage or path over an- 
 qther's ground. Lord Coke divides ways 
 into three kinds: first, afoot-way, {iter;) 
 second, a foot-way and horse-way, {actus,) 
 which he says is vulgarly called pack and 
 prime way, because it is both a foot-way, 
 which was the first or prime way, and a 
 pack or drift-way also ; and third, [a way 
 in the largest sense] via, or aditus, which 
 contains the other two, and also a cart-way. 
 Co. Litt. ub. sup. This division, and the 
 terms of it, are obviously taken from the 
 civil law. Inst. 2. 3, pr. See Bract, fol. 
 232. 
 
 The right of going over another man's 
 ground. 2 Bl. Com. 35. A right of pri- 
 vate passage over another man's ground. 
 3 Kenfs Com. 419. A right of way, pub- 
 lic or private, is held to be an incorporeal 
 hereditament. Nelson, J. 12 Wendell's B. 
 98. Cowen, J. 20 Id. 99. Holraan, J. 1 
 Blackford's R. 45. This sense of the term, 
 importing a right to use a road or path, 
 instead of the road ov path itself, is taken 
 from the civil law. Via est jus eundi, et 
 agendi, et ambulandi; way is a right of 
 
WEH 
 
 (618) 
 
 WER 
 
 going and driving and walking. Inst. 2. 
 3, pr. 
 
 WAY A. L. Lat. In old English law. 
 A way, (a measure or weight.) Two ways 
 of wool made a sack. Fleta, lib. 2, c. 12, 
 §2. 
 
 WAY-GOING CROP. In the law of 
 leases. A crop of grain to which tenants 
 for years are sometimes entitled by cus- 
 tom ; grain sown in the fall to be reaped 
 at the next harvest ; a crop which will not 
 ripen until after the termination of the 
 lease. See 1 Hilliard's Real Prop. 61, and 
 note. See Away-going crop. 
 
 WAYF. An old form of woi/;.(q. v.) 
 
 WAYVIARE. See Waiviare. 
 
 WAYVITJM. L. Lat. In old English 
 law. A waif; that which no one claims, 
 {est wayvium quod nullus advocat.) Bract. 
 fol. 125 b. 
 
 WEALD. Sax. A wood ; the woody 
 part of a country, as the weald of Kent. 
 Camd. Brit. 247. 4 Mod. 343, arg. 
 
 WEAR, Weir, [from Sax. were, a tak- 
 ing; L. Lat. wera, wara.^ A place in a 
 river, artificially constructed for taking fish, 
 by so narrowing the stream by dams pro- 
 jecting from each bank, that the passage 
 may be easily closed by a net. Spelman, 
 roc. Wara. 
 
 WEDBEDRIP. Sax. [from wed, a cov- 
 enant, biddan, to pray or desire, and rip- 
 pan, to reap or mow.] In old English law. 
 A customary service which tenants paid 
 to their lords, in cutting down their corn 
 [grain,] or doing other harvest duties. As 
 if a covenant to reap for the lord at the 
 time of his bidding or commanding. 
 Cowell. 
 
 WEDDE. Sc. [L. Lat. vadium^ In 
 old Scotch law. A pledge. Skene de 
 Verb. Sign. voc. Vadium. 
 
 WEDUE. L. Fr. [from Lat. vidua.] 
 In old English law. Widow; a widow. 
 Wedues femmes ; widows. Britt. c. 21. 
 
 WEF. L. Fr. In old English law. A 
 waif. De wefs a nous apurtenaunte ; of 
 waifs belonging to us. Britt. c. 17. 
 
 WEHADINC. In old European law. 
 The judicial combat, or duel ; the trial by 
 batteL De pugna duorum quod wehadinc 
 vacatur. Decret. Tassilonis in LL. Bai- 
 war. § 5. So called, according to Spel- 
 man, from the Sax. wead, a pledge, being 
 another form of weading, a giving of 
 pledge, a covenanting. It seems to cor- 
 respond closely to the English wager of 
 battel. 
 
 WEIF. An old form of waif, (q. v.) 
 Ingulph. Hist. Croyl. 875. Spelman. It 
 occurs also in Britton. Et weifs ou estray. 
 Britt. c. lY. De weifs ou de wreTckes de 
 meer. Id. c. 29. 
 
 WELL. [Lat. bene; Fr. lien.] In the 
 old reports. Good; sufficient; unobjec- 
 tionable in law ; the opposite of ill. " Held 
 well " is a common expression in the re- 
 ports. " And per curiam, well." 1 Show, 
 350. See Bien, De bene esse. 
 
 Advisable, or proper. See Bien. 
 
 Allowed as sufScient or valid, though 
 not in strict form. "Well enough" was 
 a common phrase. latch, 19Q. 10 Mod. 
 270. 11 Id. 403. " Not proper, but well 
 enough." 11 Id. 363. 
 
 WELL. In marine insurance. A word 
 used in warranties of a ship's safety at a 
 particular time and place, which are briefly 
 expressed in or at the foot of the policy, 
 " warranted well," (at such a date.) The 
 word "well," in such warranty, refers 
 solely to the state of the ship on the day 
 of signing the policy. 1 Arnould on Ins. 
 586, (589, Perkins' ed.) 
 
 WELSH MORTGAGE. A species of 
 mortgage frequently mentioned in the 
 English books, though now out of use, 
 resembling the ancient mortuum vadium 
 described by Glanville; being a convey- 
 ance of an estate, redeemable at any time, 
 on payment of the principal, with an un- 
 derstanding that the profits in the mean 
 time shall be received by the mortgagee 
 without account, in satisfaction of interest. 
 Coote on Mortg. 9, 207. 4 KenHs Com. 
 137. The Welsh mortgage, under its 
 strict contract, without any mitigation of 
 its severity in equity, was analogous to the 
 contract termed antichresis, (q. v.) in the 
 Roman law. Id. ibid. note. 
 
 WEND. [L. Lat. wendus; from O. 
 Eng. wend, to go.] In old records. A 
 large extent of ground, comprising several 
 juga; a perambulation; a circuit. Spel- 
 man. Cowell. 
 
 WERA. t. Lat. In Saxon and old 
 English law. A were ; the price or value 
 of a person. Spelman. See Were. 
 
 A wear for taking fish. Id. 
 
 WERE. Sax. [L. Lat. wera.] In Saxon 
 law. Price, {pretium;) the price or value 
 of a man's life, (cestimatio capitis ;) a sum 
 paid for killing a man ; the price of one's 
 ransom. LL. Edw. Conf. ell. 1 Reeves^ 
 Hist. Eng. Law, 15. Co. Litt. 127 a, 
 287 b. Spelman. A fine which a mur- 
 
WER 
 
 (619) 
 
 WES 
 
 derer had to pay to the family or relatives 
 of the deceased. BoswortKs Avglo-Sax. 
 Diet. voc. Were and wife. By the laws of 
 Athelstan, the life of every man, not ex- 
 cepting that of the king himself, was esti- 
 mated at a certain price, which was called 
 the were, or cktimatio capitis. OrabVs 
 Hist. En^. Law, 38. LL. Qui. Cong. 11. 
 8, 9, and Kelham's notes. The were is 
 also considered to correspond with th6 
 modern damages. See Sedgwick on Dam- 
 ages, 10 — 17, and notes. 
 
 Spelman supposes this word, though lit- 
 erally importing price, to have reference 
 also to the meaning of the Sax. wer, wcer, 
 a man, (w>.) 
 
 WEREGELT THEF. Sax. In old 
 English law. A robber who might be 
 ransomed. Fleta, lib. 1, c. 4V, § 13. 
 
 WERELADA. Sax. and L. Lat. In 
 Saxon and old English law. Purgation of 
 a were or fine, (purgatio weroe?) Spel- 
 man. Purgation upon oath of other per- 
 sons, according to the value or estimate of 
 the person accused. LL. Hen. I. c. 12 
 Cowell. 
 
 WEREGILD, Wergild, Weregelt. Sax. 
 [from were, price, or wer, a man, and gyld 
 or geld, a payment; O. Sc. wergelt, ver- 
 gelt; L. Lat. wergildus, wergilda, wergil- 
 dum, wergeldum, werigildus, werigeldum, 
 geweregildum, barrigildum, varigildum.^ 
 In Saxon and old European law. Pay- 
 ment of a were, (q. v.) compensation for a 
 man ; the payment of the price or value of 
 a, man slain, {pretii vel cestimationis capitis 
 solutio;) otherwise called in Saxon, man- 
 wyrth. Spelman. A private pecuniary 
 satisfaction paid to a party injured, or to 
 his relations, where he was slain, in expia- 
 tion of the offence. 4 Bl. Com. 312. 
 
 WERGELT, Vergelt. In old Scotch 
 law. A sum paid by an offender, as a com- 
 pensation or satisfaction for the offence; 
 a weregild, or wergild. De unoquoque 
 fure per totam Scotiam est wergelt 80 vac- 
 cce et una juvenca, sive fuerit liber homo 
 sive servus ; of every thief throughout 
 Scotland, the wergild is thirty cows and 
 one heifer, whether he be a free man or a 
 slave. Reg. Maj. lib. 4, c. 19. 
 
 WERP-GELD. Belg. [from faerpn, to 
 throw away, and Sax. geld, a payment.] 
 In European law. Contribution for jetti- 
 son ; average. Loccen. de Jur. Mar. lib, 
 2, c. 8, § 1. 
 
 WERPIRE. L. Lat. [from Germ, tor- 
 pjit.] In old European law. To throw ; 
 
 to throw away; to waive. Spelman. 
 Wreck is called in a charter granted by 
 king Edward to the church of Ramesey, 
 seupwerp, which Spelman thinks may be 
 analyzed sea-up-werp, i. e. thrown up by, or 
 out of the sea, (ejectus maris.) 
 
 WERRA, Guerra. L. Lat. In old Eng- 
 lish law. War; private war, as well as 
 public. Spelman. Nisi tempore werras; 
 unless in time of war. Artie. Mag. Cart. 
 Johan. c. 33. Querra is the form used in 
 continental law. Calv. Lex. 
 
 WERRINU8. L. Lat. [from werra, 
 q. v.] In old English law. In a state of 
 war ; at war. Spelman. 
 
 WERVAGIUM. L.iLat. In old re- 
 cords. Wharfage ; money paid at a wharf 
 for lading or unlading goods. 1 Mon. 
 Angl. 550. Cowell. 
 
 WESTMINSTER. [Sax. Westmynster ; 
 L. Lat. Westmonasteriumi] A city imme- 
 diately adjoining London, and forming a 
 part of the metropolis ; distinguished as 
 the seat of the four superior courts of the 
 kingdom. See Superior Courts. 
 : WESTMINSTER THE FIRST, Stat- 
 ute of. A celebrated statute passed at a 
 parliament holden at Westminster, in the 
 third year of the reign of Edward I. 
 A. D. 1275. It is written in Law French, 
 and contains fifty-one chapters. Lord 
 Coke has commented at large on this stat- 
 ute in his second Institute, and Mr. Reeves 
 has given a synopsis of its contents. 2 
 Beeves' Hist. Eng. Law, 107 — 139. It 
 was called the first, to distinguish it from 
 two subsequent statutes, denominated like- 
 wise from parliaments held at the same 
 place. See Barringt. Obs. Stat. 11 — 102. 
 
 WESTMINSTER THE SECOND, 
 Statute of. A celebrated statute passed 
 at a parliament holden at Westminster in 
 the thirteenth year of Edward I. A. D. 
 1285. It is written in Law Latin, and is 
 commented on by Lord Coke in his sec- 
 ond Institute. It contains provisions on a 
 variety of subjects, and its first chapter is 
 called, from the subject of it, the Statute 
 de Donis Conditionalibus, (q. v.) Sec Bar- 
 ringt. Obs. Stat. 127—148. 
 
 WESTMINSTER THE THIRD, Stat- 
 ute of. A statute passed in the eighteenth 
 year of Edward I. A. D. 1290. More 
 commonly known as the Statute of Quia 
 Emptores, (q. v.) See Barringt. Obs. Stat. 
 167—169. 
 
 WESTMONASTERIUM. L.Lat. West- 
 minster. A large proportion of the an- 
 
WHE 
 
 (620) 
 
 WHO 
 
 !nt English writs are tested and made re- 
 ■nable apud Westmonasterium, at West- 
 nster. Meg. Brev. per tot. 
 WEST-SAXON LAGE. [Sax. West- 
 ixna-laffa.'] The laws of the West Sax- 
 s, which obtained in the counties to the 
 nth and west of England, from Kent to 
 ivonshire. Blackstone supposes these 
 have been much the same with the laws 
 Alfred, being the municipal law of the 
 ' most considerable part of his domin- 
 is, and particularly including Berkshire, 
 
 3 seat of his peculiar residence. 1 Bl. 
 im. 65. 
 
 WEYVIARE, Weyvare. L. Lat. In 
 1 English law. To waive ; to relinquish 
 abandon. Bract, fol. 80 b. Fleta, lib. 
 c. 10, § 3. 
 To outlaw a woman. Fleta, lib. 1, c. 
 
 WEYVIuk L. Lat In old English 
 »r. Waif; that which no one claims, 
 
 4 weyvium quod nuUus advocat.) Fleta, 
 .. 1, c. 27,§13._ 
 
 A wandering animal which no one seeks, 
 lows or claims, [pecus vagans quod nul- 
 i petit, sequitur, vel advocat.) Id. lib. 1, 
 43, § 2. But this is rather the defini- 
 in of an estray. 
 
 WHARF. [L. Lat. wharfa.'] A per- 
 ndicular bank or mound of timber, or 
 )ne and earth, raised on the shore of a 
 rbor, river, canal, (fee. or extending some 
 stance into the water, for the convenience 
 lading and unlading ships and other ves- 
 Is. Webster. Defined by Cowell, " a 
 oad, plain place near a creek or hithe of 
 e water, to lay wares on, that are brought 
 or from the water." By Spelman, " a 
 ore where wares are sold and exchanged," 
 ttus uhi merces vceneunt et permutantur.) 
 lelman derives the word from the Sax. 
 n/rfen, to exchange. 
 
 WHARFAGE. [L. Lat. wharfagium.} 
 oney paid for landing wares at a wharf, 
 for shipping or taking goods into a boat 
 barge from thence. Cowell. 
 WHARFINGER. One who owns or 
 eps a wharf, or has the oversight or 
 anagement of it. Cowell. A wharfinger 
 IS a lien on goods deposited at his wharf, 
 r the money due for the wharfage of 
 ose goods. 1 Fsp. N. P. B. 109. 3 Id. 
 .. 2 Kent's Com. 642. 
 WHEEL. In criminal law. An instru- 
 ent of a barbarous kind of capital punish- 
 ent, called breaking on the wheel, said to 
 ive been first employed in Germany, ac- 
 
 cording to some writers, on the murderers 
 of Leopold, Duke of Austria, in the 14th 
 century. According to the German method 
 of this savage execution, the criminal was 
 laid on a cart-wheel, with his arms and legs 
 extended, and his limbs in that posture 
 fractured with an iron bap. But in France, 
 (where it was restricted to cases of assassi- 
 nation, or other murders of an atrocious 
 description, highway robbery, parricide and 
 rape,) the criminal was laid on a frame of 
 wood in the form of a St. Andrew's cross, 
 with grooves cut transversely in it, above 
 and below the knees and elbows^ and the 
 executioner struck eight blows with an iron 
 bar, so as to break the limbs in those places, 
 sometimes finishing the criminal by two or 
 three blows on the chest or stomach, thence 
 called coups de grace. This punishment 
 was abolished in France at the Revolution ; 
 but it is still resorted to in Germany, as 
 the punishment for parricide, the last in- 
 stance of which took place in 182*7, near 
 Gottingen. The assassin of the bishop of 
 Ermeland in Prussia, in 1841, was sen- 
 tenced to the wheel. Brande. 
 
 " WHERESOEVER," in a policy of in- 
 surance, construed. \ M. (& S. 418. 
 
 " WHILST," in a lease, construed. 7 
 Fast, 116. 
 
 WHITE ACRE. A fictitious name given 
 to a piece of land, in the English books. 
 See Black acre. 
 
 WHITE BONNET. In Scotch law. A 
 fictitious ofierer or bidder at a roup or 
 auction sale. BelVs Diet, voc. -Articles of 
 Roup. 
 
 WHITE RENT. [L. Lat. redditus al- 
 ius.] In old English law. Rent payable 
 in silver, or white money. Otherwise called 
 white farm, {alba f/rma, or Jirma Manca,) 
 and blanch farm, or ferme, (Fr. blanche 
 fearme.) See Alba Jirma, Blanch ferme. 
 
 WHITTANWARH. L. Lat. In old 
 English law. A class of ofi"enders who 
 whitened stolen ox-hides and horse-hides 
 so that they could not be known and iden- 
 tified. Stat. Wallice, 12 Fdw. I. Bar- 
 ringt. Obs. Siat. 124,' note [/.] 
 
 WHOLE BLOOD. In the law of de- 
 scent. Blood which is compounded wholly 
 of the same ingredients ; blood which is 
 derived from the mme couple of ancestors.* 
 A kinsman of the whole blood is he that is 
 derived, not only from the same ancestor, 
 but from the same couple of ancestors. For, 
 as every man's own blood is compounded 
 of the bloods of his respective ancestors. 
 
WIC 
 
 (621) 
 
 WIF 
 
 he only is properly of the whole or entire 
 blood with another, who hath, (so far as 
 the distance of degrees will permit,) all the 
 same ingredients in the composition of his 
 blood that the other had. Thus, the blood 
 of John Stiles being composed of those of 
 Gfeoffrey Stiles his father, and Lucy Baker 
 his mother, therefore his brother Francis, 
 being descended from both the same pa- 
 rents, hath entirely the same blood with 
 John Stiles ; or he is his brother of the 
 wJwle blood. But if, after the death of 
 Geoffrey, Lucy Baker the mother marries 
 a second husband, Lewis Gay, and hath 
 issue by him : the blood of this issue, be- 
 ing compounded of the blood of Lucy Ba- 
 ker, (it is true) on the one part, but that 
 of Lewis Gay (instead of Geoffrey Stiles,) 
 on the other part, it hath therefore only 
 half the same ingredients with that of John 
 Stiles ; so that he is only his brother of 
 the half blood. 2 Bl. Com. 227. 
 
 WHOLESALE. Sale in a whole or 
 unbroken quantity ; sale of goods by the 
 piece or quantity.* " The term wholesale 
 implies the selling in unbroken pieces or 
 parcels, as [in the case of liquors,] by the 
 barrel, pipe, cask, &c. or in a number of 
 such pieces or parcels ; while the word re- 
 tail implies the cutting or dividing up such 
 pieces, parcels or casks into small quanti- 
 ties, and selling to customers in such man- 
 ner." 2 Wisconsin B. 237, 243. 
 
 WIC, Wik, Wye. Sax. [from Gr. <iiicof, 
 house] In old English law. A house. 
 Spelman. A country house, or farm, [wica.) 
 Cowell. Concessimus Andrece de wik, pro 
 homagio et servitio suo, wicam de marierio 
 nostra ; we have granted to Andrew of the 
 wih, for his homage and service, a wic of 
 our manor. Chartul. Abbat. Glaston. MS. 
 fol. 29, apud Cowell. 
 
 A castle, (castrum.) Called wic, accord- 
 ing to Spelman, because constructed with 
 a rampart, mound or embankment, in the 
 sense of the Dutch wiick. 
 
 A town, (villa,) or village, (vicus.) In 
 this sense, the word is more closely allied 
 to the Lat. vicus, than the Gr. dmos, {sujn'a.) 
 Spelman. 
 
 WIC, Wich, Wig. Sax. [from Germ, 
 tegtl^tn, to recede or go back.] In old 
 English law. A bay of the sea, or of rivers, 
 (sinus maris vel Jluviorum ;) as though 
 formed by a recess of the land or stream. 
 Spelman. A place where ships lie and 
 unload. Id. See Wig. 
 
 In old European law. ■ A grove, (lucus ;) 
 
 a small wood, [minuta sylva.) L. Baiwa- 
 rior. tit. 21, § 6. Spelman. 
 
 WIC, Wich, Wick. A common ter- 
 mination of the names of towns and T^il- 
 lages in England. In this connection, Spel- 
 man supposes wic to denote a village or 
 wood; and wich, a bay, or sometimes a 
 castle, as Norwich. 
 
 WICK. A termination of words denot- 
 ing jurisdiction, or limits of jurisdiction or 
 authority. Bailiwick is the district within 
 which a bailiff or sheriif may lawfully ex- 
 ercise his office. Sheriff-wick is used in 
 some of the old books, but is now super- 
 seded by the former word. 
 
 WIDRIGILD, Widrigilt. Lomb. In 
 old Lombardic law. The same as werigild 
 or wergild, (q. v.) LL. Longob. lib. 2, tit 
 ,1, c. 9. Spelman. 
 
 WIFA, Wiffa. L. Lat. In old Euro- 
 pean law. A mark, or sign, (signum ;) a 
 mark set up on land, to denote an exclu- 
 sive occupation, or to prohibit entry. L. 
 Boior. tit. 9, c. 12. LL. Longob. lib, 3, 
 tit. 3, 1. 6. Spelman. 
 
 WIF ARE, Guifare, Guiphare. L. Lat. 
 In old Lombardic law. To set or fix up a 
 mark or sign, (unfa, q. v.) upon land or a 
 house, [as a symbol of exclusive occupancy.] 
 Domus vel casce wifentur. LL. Longob. 
 lib. 3, tit. 3, 1. 6. Terram alienam sine 
 publico jussu guifaverit ; put a mark upon 
 another's land, without public order. Id. 
 lib. 1, tit. 27, 1. 8. Spelman. 
 
 WIFE'S EQUITY. The equitable right 
 or claim of a married woman to a reason- 
 able and adequate provision, by way of set- 
 tlement or otherwise, out of her choses in 
 action, or out of any property of hers which 
 is under the jurisdiction of the Court of 
 Chancery, for the support of herself and 
 her children.* 2 Kents Com. 139. 1 
 White's Equity Cases, 305, note. Id. 323, 
 Am. ed. note. 
 
 The wife's equity is a claim which at- 
 taches upon her personal property, when- 
 ever it is subject to the jurisdiction of the 
 court, and is the object of a suit in any 
 hands to which it may come, or in what- 
 ever manner it may have been transferred. 
 It makes no difference whether the appli- 
 cation to the court for the property be by 
 the husband, or his representatives, or as- 
 signees, or by the wife or her trustee seek- 
 ing a provision out of the property. 5 
 Johns. Chanc. R. 464. 2 Kenfs Com. 140, 
 and cases cited ibid. As between the hus- 
 band and the wife, the principle is, that if 
 
WIL 
 
 (622) 
 
 WIS 
 
 e husband wants the aid of chancery to 
 able him to get possession of his wife's 
 operty, or if her fortune be within the 
 ach of the court, he must do what is 
 [uitable, by making a reasonable provi- 
 jn out of it for the maintenance of her 
 id her children. Id. 139, and note. But 
 e wife's equity does not, according to 
 e adjudged cases, attach, except upon 
 at part of her personal property in action 
 bich the husband cannot acquire without 
 e assistan ceofacourtof equity. Id.\4t\. 
 ad see farther, /li. 139—143. 1 White's 
 q. Cos. 305 — 323. Id. 323, Am. ed. note. 
 The doctrine of the wife's equity seems 
 be recognized throughout the United 
 ates, with the exception of North Caro- 
 ja. Id. ibid. 
 
 WIG. Sax. and Germ. In old German 
 w. A bay of the sea, or a river. Spel- 
 an, citing £. Rhenan. Rer. Germ. lib. 3, 
 1. 217. 
 
 A wood or grove. Spelman. 
 WIGREVE. Sax. [from wig, a wood, 
 id reve, r'efa, an overseer.] In old Euro- 
 san law. The overseer of a wood. Spel- 
 an. 
 
 WILL. [L. Fr. volunt ; Lat. voluntas, 
 Itima voluntas, testamentum.^ A dispo- 
 tion of real and personal property, to take 
 feet after the death of the person making 
 * 3 Kent's Com. 501.— The legal decla- 
 tion of a person's mind or intention, re- 
 tecting the manner in which he would 
 ive his property or estate disposed of 
 ter his death.* 2 Bl. Com. 499. 1 Jar 
 an on Wills, (by Perkins,) 1. This defi- 
 tion is founded essentially on that of tes- 
 ment in the civil law. See Testament, 
 'estamentum. — An instrument in writing, 
 :ecuted in form of law, by which a person 
 akes a disposition of his property, to take 
 feet after his death. 
 
 A will, when it operates upon personal 
 •operty, is sometimes called a testament, 
 id when upon real estate, a devise ; but 
 le more general and the more popular 
 jnomination of the instrument, embracing 
 jually real and personal estati^, is that of 
 St will and testament. 3 Kent's Com. 
 )1. Of these several terms it may be 
 Dserved that " testament " is directly de- 
 ved from the testamentum of the civil law, 
 id though formerly distinguished from a 
 ill, as importing the appointment of an 
 cecutor, and as particularly applicable to 
 jrsonal property, is now generally used as 
 'nonymous with it. 1 Stepk. Com. 544. 
 
 See Testament. Or rather, it may be said 
 to be comparatively disused, except in con- 
 nection with will. See infra. " Devise" 
 strictly means a disposition of real estate 
 contained in a will, as distinguished from 
 the instrument itself. A will may contain 
 several devises. See Devise. " Last will 
 and testament" is the formal denomination 
 chiefly used as descriptive of the instru- 
 ment, either in the will itself, or in other 
 instruments referring to it ; or in pleadings, 
 statutes, &c. But the simple term will is 
 the one most commonly used in the modern 
 books, and even in statutes, as well as in 
 common parlance, to denote an instrument 
 containing dispositions of property to take 
 etfect after death. By the English stat- 
 utes 1 Will. IV. and 1 Vict. c. 26, the 
 word " will " is declared to extend to a 
 testament, to a codicil, and to an appoint- 
 ment by will, or by writing in the nature 
 of a will, in execution of a power. See I 
 Steph. Com. 545, note. And in New-York, 
 the term will is declared by statute to in- 
 clude a codicil. 2 Rev. St. [68, § 71,] 12, 
 §78. 
 
 WILL, Estate at. See Estate at will. 
 
 WILL. In Scotch practice. That part 
 or clause of a process which contains the 
 mandate or command to the officer. BeWs 
 Diet. voc. Inhibition. 7 Wils. tfc Shaw's 
 R. 519, 522. 
 
 WINCHESTER, Statute of. A statute 
 passed in the 13th year of the reign of Ed- 
 ward I. by which the old Saxon law of po- 
 lice was enforced, with many additional 
 provisions. 2 Reeves' Hist. Eng. Law, 163. 
 Crabb's Hist. Eng. Law, 189. It was re- 
 pealed by the statute 7 & 8 Geo. IV. c. 27. 
 See Constable. 
 
 WINCHESTER MEASURE. The 
 standard measure of England, originally 
 kept at Winchester. 1 Bl. Com. 274. 
 
 WISBUY, LAWS OF. A code of 
 maritime laws, compiled at Wisbuy, the 
 ancient capital of Gothland in Sweden, to- 
 wards the close of the thirteenth century ; 
 and which, soon after their promulgation, 
 were adopted as laws of the sea, by all the 
 nations of modern Europe. Even in the 
 time of Cleirac, (who published them, with 
 a commentary, in his work entitled Les Us 
 et Coutumes de la Mer,) they were still ob- 
 served in Sweden, Denmark, Flanders, and 
 in the North of Germany. These laws re- 
 semble in many respects the laws of Oleron, 
 to which, indeed, according to Cleirac, they 
 were but a supplement, and they were 
 
"WIT 
 
 (623) 
 
 WIT 
 
 adopted as the basis of the later collection 
 kno wn as the Laws of the Hanseatic League. 
 3 Kenis Com. 13, and note. 1 Duer on 
 Ins. 40, 41. Introd. Disc. Lect. ii. They 
 have been published in the United States, 
 in the Appendix to the first volume of 
 Peters' Admiralty Decisions. 
 
 WISTA. L.Lat. [Sax. joysi.] In old 
 records. A half a hide of land. Spelman. 
 Cowell. 
 
 WIT, Wyt, Wyte, Witt. [Sax. taitore.] In 
 Saxon, old English and Scotch law. Know ; 
 to know. To wit ; to know. See To wit. 
 Witt ze Ws to haifmaid ; Know ye Us to 
 have made. 1 Pitc. Cr. Trials, part 1, p. 
 ITl. An old charter of King Athelstan 
 to the chapel of St. Wilfred of Rippon, 
 given by Blount in rhyme, commences 
 ■with this word : 
 
 Wyt all that es and esgan, 
 
 Yat ik King Adelstan 
 
 As given ala frelith as I may, 
 
 And to ye Capitel of Seint Wilfrai, 
 
 Of my free devotion, 
 
 Yair pees at Rippon. 
 
 On ilke side the kyrke a mile, 
 
 For all ilk deeds and ylke agylc; 
 
 And within yair Kyrke yate, 
 
 At ye Stan yat Grjthstole hate. 
 
 Within ye kyrke dore and j'a quare, 
 
 Tail- have pees for les and mare. 
 
 Ilknn of yls stedes sal have pees 
 
 Of Frodmoi'tel and ils deedes 
 
 Yat yair don is, Tol, Tem, 
 
 With Iron and with Water deme, 
 
 And yat ye land of Seint Wilfrai 
 
 Of alkyn geld fi-e sal be ay. 
 
 At nai nan at Innges me to 
 
 In yair Herpsao sal have at do, 
 
 And for ik will at yai be save 
 
 I will at yai alkyn freedome have: 
 
 And in all thinges be als fi'ee 
 
 As hert may thinke or eygh may see. 
 
 At te power of a Kinge 
 
 Masts make free any thynge. 
 
 And my sealii have I sat yerto, 
 
 For I will at no Man it undo. 
 
 Monast. Angl. 1 pag. fol. 172 b. 
 
 WITA, Wyta. L. Lat. [Sax. wite, 
 q. v.] In Saxon law. A fine, or mulct ; 
 a penalty ; a sum paid by way of punish- 
 ment for an offence. Spelman. See Wite, 
 Wyta. 
 
 WITAN. Sax. In Saxon law. Wise 
 men ; persons of information, especially in 
 the laws ; the king's advisers ; members of 
 the king's council ; the optimates, or prin- 
 cipal men of the kingdom. 1 Spence's 
 Chancery, 11, note. Id. 72, 74. 
 
 WITE, Wit, Wyte. In Saxon law. A 
 fine for an offence ; a pecuniary punish- 
 ment or penalty. Distinguished from were, 
 
 (q. V.) which answered to the civil dam- 
 ages of modern law. The wite was paid 
 to the crown or magistrate, as a punish- 
 ment for the offence ; the were, to the in- 
 jured party, or his relatives, as a satisfac- 
 tion for the injury. BoswortVs Anglo- 
 Sax. Diet. voc. Were and wite. Sedgwick 
 on Damages, 10, 11, and notes. 
 
 An amerciament, or amercement. Co. 
 Litt. 127 a. A pecuniary punishment im- 
 posed upon the lighter classes of offences, 
 which was not fixed, but varied according 
 to the quality of the offence. Spelman thus 
 distinguishes wite from were, making the 
 latter word to signify a fine imposed upon 
 persons guilty of homicide, and other 
 atrocious crimes. Spelman, voc. Wyta. 
 See Wyta. 
 
 A freedom or immunity from an amerce- 
 ment. Co. lAtt. 127 a. Cowell. 
 
 WITENA DOM. Sax. [from witan, 
 wise men, and dom, judglnontj In Saxon 
 law. The judgment of the county court, 
 or other court of competent jurisdiction, 
 on the title to property, real or personal 
 1 Spence's Chancery, 22. 
 
 WITENA-GEMOTE, Wettena-gemoie, 
 Gewitena-gemote. Sax. [from witan, wise 
 men, and gemote, a meeting.] In Saxon 
 law. An assembly or meeting of the wise 
 men,{sapientes,) or principal men (optimates) 
 of the kingdom ; an assembly or council of 
 the more solemn kind, frequently called by 
 the Saxon kings ; otherwise termed michel- 
 synoth, (q. v.) the great council. 1 Bl. Com. 
 148. . 1 Spence's Chancery, 73. The supe- 
 rior court of the kingdom, (curia regis.) 
 Id. 16. 1 Beeves^ Hist. Eng. Law, 7. 
 See 9 Co. pref. 
 
 These more solemn assemblies, according 
 to Mr. Spence, appear to have been held in 
 the open air, by public notice or by partic- 
 ular summons, in or near to some city or 
 populous town ; and they are the assem- 
 blies which are called parliaments by the 
 writers after the Conquest. It appears to 
 have been part of the business of the select 
 council which usually attended the king, to 
 determine when these more solemn councils 
 should be held. On some occasions, when 
 the throne was vacant, they met of their 
 own authority, for the purpose of choosing 
 a sovereign. 1 Spence's Chancery, 78 and 
 notes. ' ' 
 
 WITEKDEN, Witereden. Sax. [from 
 wite, wise or principal men, and radan 
 council.] In Saxon law. Akindoftaxa 
 tion among the West-Saxons, imposed by 
 
WIT 
 
 (624) 
 
 WIT 
 
 the public council of the kingdom ; a sub- 
 sidy. Spelman. Munita ab omnibus secu- 
 laribus serviiuiibus, necnon regalibus trihu- 
 tis, give iaxationibus, quod nos dicimus yvi- 
 tereden ; free of all secular burdens, and 
 also of royal tributes or taxes which we call 
 witereden. Chart. Ethelwulf. apud Malm, 
 de Gest. B. lib. 1, p. 41, cited ibid. 
 
 WITEREDEN. [Sax. m'fe-rcerfewwe.J In 
 Saxon law. The payment of a wite or fine. 
 Spelman. . 
 
 WITH [L. Fr. ow,] is constantly used 
 in the old books, in the sense of for. 
 " Judgment with the plaintiff;" " of coun- 
 sel with the defendant." See Ove. " He 
 would have argued with the lease." Dyer, 
 126 b. 
 
 WITH STRONG HAND. [L. Lat. 
 manuforti^ In pleading. A phrase used 
 in describing a forcible entry in an indict- 
 ment, and held to be indispensable. Whar- 
 ton^ s Free, of Indict. 219, note («.) 
 
 WITHDRAWING A JUROR. In 
 practice. The withdrawing of one of the 
 twelve jurors impannelled to try a cause ; 
 a consent of parties that one of the jurors 
 . shall quit the jury-box, which, by leaving 
 the jury incomplete, necessarily prevents 
 any further proceedings in the cause. The 
 withdrawing of a juror is always by the 
 agreement of the parties, and is frequently 
 done at the recommendation of the judge, 
 where it is doubtful whether the action will 
 lie ; and in such case, the consequence is 
 that each party pays his own costs. It is, 
 however, no bar to a future action fo'r the 
 same cause. 2 Tidd's Pr. 861, 862. 1 
 Arch. Pr. 196. 
 
 WITHDRAWING RECORD. In prac- 
 tice. The withdrawing by a plaintiff, of the 
 nid prius or trial record filed in a cause, 
 just before the trial is entered upon, for the 
 purpose of preventing the cause from being 
 tried. This may be done before the jury 
 are sworn, and afterwards, by consent of 
 the defendant's counsel. 2 Tidd's Pr. 851. 
 1 Arch. Fr. 189. 3 Chitt. Gen. Fr. SlO. 
 
 WITHERNAM. Sax and Eng. [from 
 Sax. weder, oder, other, and naam, a taking; 
 L. Lat. witli^rnamium.l In practice. A 
 taking by way of reprisal ;* a taking or a 
 reprisal of other goods, in lieu of those that 
 were formerly taken and eloined or with- 
 holden. 2 Inst. HI. A reciprocal distress, 
 in lieu of a previous one which has been 
 eloigned. 2 £1. Com. 148. 
 
 ^ capias in withernam is a writ which 
 issues in cases where goods distrained have 
 
 been eloigned, i. e. carried away, concealed 
 or otherwise withheld, so that they cannot 
 be replevied ; commanding the sheriff that 
 he take other goods Of the distrainor, in 
 withernam, that is, by way of reprisal for 
 the first distress, and as a punishment for 
 withholding it.* 3 Bl. Com. uK sup. Beg. 
 Orig. 82. F. N. B. 69 A. 73 F. 
 
 *** Withernam has been sometimes said 
 to be the same' with the Lat. vetitum namium, 
 and L. Fr. vee de name, (qq. v.) and is actu- 
 ally expressed by these terms in some of 
 the books. But this, as Lambard and Lord 
 Coke have shown, is clearly a corruption or 
 mistake ; for the import of the terms is 
 widely different. Vetitum namium or vee 
 de name, was a prohibited taking, or rather 
 the prohibition of a retaking, being the un- 
 lawful detention of a distress, by the dis- 
 trainor, by not suffering it to be replevied 
 by the owner. Bract, fol. 155 b. But 
 taking in withernam is, as Lord Coke ob- 
 serves, a lawful taking by authority of law, 
 and therefore cannot be termed a taking 
 forbidden, because it is expressly command- 
 ed to be done. 2 Inst. 140. Withema- 
 mium was in truth the remedy for vetitum 
 namium, and followed immediately after 
 it ; and from this close connection of the 
 proceedings, and the similarity in sound 
 between their names, the error no doubt 
 arose of taking the one for the other. 
 Withernam and vee de name are both men- 
 tioned, and distinguished by their proper 
 names, in the twenty-seventh chapter of 
 Britton, De prises des avers, as clearly ap- 
 pears from the following passage. After 
 describing vee de name (the withholding of 
 a distress) and the remedy for it by writ 
 of replevin, it is said, — Et si les bestes soient 
 clos dedens meson ou dedens parkes, ou si 
 eles soient chases hors del counte, ou si le 
 baillife autre desturhaunce trove, tauntost 
 face prendre des bestes le deforceour a la 
 double value come withernam, et cele des- 
 iresse teigne, sauns lesser par plevine,jesques 
 taunt que la destresse alloigne soit remene. 
 (And if the beasts be shut up in a house or 
 in a pound, or if they be driven out of the 
 county, or if the bailiff meet with other 
 hindrance [in the execution of the process,] 
 he shall forthwith cause the beasts of the 
 deforcer [the distrainor] to be taken to the 
 double value, as a withernam, and shall 
 hold this distress without delivering it by 
 plevin [shall hold it irreplevisable] until the 
 distress eloigned be driven back.) Britt. 
 c. 27. This passage is almost a literal 
 
WIT 
 
 (625) 
 
 WOL 
 
 translation of the parallel one in Bracton, 
 but in the latter the word withernamium 
 is not used, though the proceeding itself 
 is clearly indicated. Si autem [averia] 
 inveniri non possunt, eo q^od alibi fugata 
 sunt forte, vel extra comitatum infraudem, 
 et captor ierram habuerit in comitatu et 
 catalla, capiat serviens domini regis de 
 averiis illius in duplum, et ilia detineat do- 
 nee averia sic abducta reducantur. (But 
 if the beasts cannot be found, in conse- 
 quence of being driven elsewhere or fraudu- 
 lently taken out of the county, and the di- 
 strainor have land and chattels [catals, cat- 
 tle] in the county, the king's serjeant shall 
 take of those beasts twofold [i. e. two for 
 one] and shall detain them until the beasts 
 which have been so eloigned be brought 
 back.) Bract, fol. 157. In the parallel 
 passage in Pleta, the words nomine wyther- 
 namii are added after the words in duplum. 
 Fleta, lib. 2, c. 4V, § 10. The word wither- 
 namium distinctly occurs in the Eegister. 
 Beg. Orig. 79, 82. 
 
 WITHOUT CHILDREN. See Sine 
 
 WITHOUT DAY. [L. Lat. sine die ; 
 L. Fr. sans jour.'] In practice. Without 
 the appointment of a day to appear again ; 
 discharged from further attendance ; final- 
 ly dismissed. See Sine die, JEat inde sine 
 
 WITHOUT IMPEACHMENT OF 
 WASTE. [L. Lat. absque impetitione vas- 
 ti ; L. Fr. sauns impeschement de wast.] 
 In conveyancing. A clause frequently in- 
 serted in leases for life, where it is intended 
 to give the tenant authoiity to cut down 
 timber on the land leased, without naaking 
 himself liable to an action, or to the statu- 
 tory penalty in such cases. The clause it- 
 self strictly signifies, without liability to 
 suit for waste. See Impeachment of waste. 
 But according to Lord Coke, the tenant, by 
 force of these words, is enab(ed not only to 
 cut down timber, but to convert it to his 
 own use ; and a tenant for life, without im- 
 peachment of waste, has a right to the trees 
 the moment they are cut down. 11 Co. 
 82 b. 1 Term R. 550. 2 CrabVs Real 
 Prop. 12, § 1040. See 1 Hilliard's Real 
 Prop. 21 5. The clause is sometimes more 
 positively expressed, " with full liberty to 
 commit waste." Id. ibid. But notwith- 
 standing such a clause, tenants for life will 
 be eonfined to a reasonable exercise of the 
 right, and courts of equity will always re- 
 strain them from committing malicions 
 
 Vol. IL 40 
 
 waste, to the destruction of the estate. 2 
 OrabVs Real Prop. 73, 74, §§ 1040— 
 1042. 1 ITilliard's Real Prop. 275. 
 
 WITHOUT MORE. [L. Fr. sanspluis.] 
 Without further words. See Sanspluis. 
 
 WITHOUT RECOURSE. [Fr. sans 
 recours.] In mercantile law. A clause 
 used in the indorsement of negotiable in- 
 struments, where the indorser intends to 
 exempt himself from liability to other par- 
 ties. 3 Kent's Com. 92, 93. Such an in- 
 dorsement transfers the whole interest, and 
 the clause " without recourse" merely re- 
 buts the indorser's liability to the indorsee 
 and subsequent holder. 5 Metcalf's R. 
 201. Story on Bills, § 214. 
 
 WITHOUT STINT. Without limit; 
 without any specified number. See Sans 
 nombre. 
 
 WITHOUT THIS, THAT. [L. Lat. 
 absque hoc (juod, sine hoc quod ; L. Fr. sans 
 ceo que.] In pleading. Formal words used 
 in pleadings by way of traverse, particularly 
 by way of special traverse, (q. v.) import- 
 ing an express denial of some matter of fact 
 alleged in a previous pleading. Steph. PI. 
 168, 169, 179, 180. Id. Appendix, Note 
 (48.) See Absque hoc. 
 
 WITNESS. [Sax. witnesse, from witan, 
 to know ; Lat. testis.] A person who knows 
 or sees any thing; one personally present. 
 Webster. 
 
 In conveyancing. One who sees the ex- 
 ecution of an instrument, and subscribes it 
 for the purpose of confirming its authen- 
 ticity by his testimony. Id. 
 
 In the law of evidence. A person who 
 gives evidence to a judicial tribunal. Best 
 on Hvid. 140, § 114. 
 
 WITTEMON. [Sax. wituma, weotoma.] 
 In old European law. Dower. IL. Bur- 
 gund. tit. 69, § 1. Spelman. 
 
 WITTESCALCUS. L. Lat. [from Sax. 
 wite, a fine, and scale, an attendant] In 
 old European law. An oflBcer by whom 
 fines were collected ; a bailiff". LL. Bur- 
 gund. tit. 76. Spelman. 
 
 WLADAEIUS. L.Lat. In old Polish 
 law. A steward, {villicus.) Stat. Polonice, 
 p. 520. Spelman. 
 
 WODEGELD. In old English law. A 
 payment for wood. See Woodgeld. 
 
 WOLD. Sax. [L. Lat. walda.] In 
 England. A down or champaign ground, 
 hilly anH void of wood. Cowell. Blount 
 
 WOLF'S HEAD. [Sax. wulves heved, 
 wulves heofod ; L. Lat. caput lupinum.] 
 In old English law. A term applied to a 
 
woo 
 
 (626) 
 
 WEE 
 
 person wto had been outlawed, he being 
 said to carry z'wolfs head ; implying that 
 he had forfeited the protection of the law, 
 as a man, and might be destroyed like a 
 wild beast, in case he resisted being taken. 
 See Caput lupinum. 
 
 WONG, Wang. Sax. In old records. 
 A field, (campus, arvum^ Spelman. Cow- 
 ell. 
 
 WOOD, [Lat. hoscus; Fr. Jot's,] that 
 is, growing wood, is distingnished from 
 trees, in conveyancing. A grant or devise 
 of an interest in growing wood is said to 
 convey an interest in the soil itself. Shaw, 
 C. J. 13 Pick. R. 44. Co. Lift. 4 b. 
 Shep. Touch. 94. But it is otherwise with 
 a grant or reservation of trees. 11 Co. 
 49 b, 50, Liford^s case. 1 JliUiard's Seal 
 Prop. 56, [10.] 
 
 If a man seised of'divers acres of wood 
 grants to another omnes boscos suos, (all his 
 woods,) not only the woods growing upon 
 the land pass, but the land itself. Co. Litt. 
 4 b. Or at least these words pass an ex- 
 clusive right to the land, so far as is ne- 
 cessary for the support of the trees. -4 
 Mass. R. 268.> 2 JliUiard's Real Prop. 
 339, [356.] 
 
 WOOD, [Lat. lignum,'] is held, in some 
 of the old cases, to mean wood cut down 
 or felled, not trees growing, according to 
 the verse. 
 
 Arbor dum crescit, Kjrn«m cum crescere Besoit. 
 1 Ld. Raym. 959. Cro. Jac. 166. See 
 Arhor, Lignum. 
 
 WOOD-CORN. In old records. A 
 certain quantity of oats or other grain, 
 paid by customary tenants to the lord, for 
 liberty to pick up dead or broken wood. 
 Cowell. 
 
 WOOD-GELD, [from wood, and Sax. 
 geld, a payment.] In old EngliA law. 
 Money paid for the liberty' of taking wood 
 in a forest. Spelman. Cowell. 
 
 Immunity from such payment. Spel- 
 man. Co. Litt. 233 a. 
 
 WOOD-MOTE, [from wood, and Sax. 
 mote, a court.] In forest law. The old 
 name of the court of attachments, other- 
 wise called the forty days' court. Cowell. 
 3 Bl. Com. 1\. 
 
 WOOD-STREET COMPTER. The 
 name of an old prison in London. 11 
 Mod. 50. See Counter. 
 
 WOOD-WARD, [from wood, and Sax. 
 warde, guard.] In forest law. A keeper ; 
 one whose office was to protect the wood, 
 and who was sworn to present all offences 
 
 against vert and venison, at the forest 
 courts. Cowell. Spelman. 
 
 WOOLSACK. In English practice. 
 The seat of the Lord Chancellor in the 
 House of Lords ; so called from its being 
 a large square bag of wool, without back 
 or arms, covered with red cloth. Brande. 
 
 WORTH, Weorth. Sax. In old re- 
 cords. A country house or farm, (curtis 
 sive hahitatio.) Spelman. Cowell. 
 
 WOUND. [Lat. vulnus ; L. Lat. plaga ; 
 L. Fr. playe.] In criminal law. An in- 
 jury to the person, by which the skin is 
 divided, or its continuity broken. So de- 
 fined in England, under the statute of 9 
 Geo. IV. c. 31, s. 12. Lord Lyndhurst, C. 
 B. 6 C. cfc P. 684. By " skin" is said to 
 be meant the whole skin ; a separation of 
 the cuticle, or upper skin only, is not suffi- 
 cient to constitute a wound. 8 C. db P. 
 635. See 1 Russell on Crimes, 729 — 731. 
 " In legal medicine, the term wound is used 
 in a much more comprehensive sense than 
 in surgery. In the latter, it means strictly 
 a solution of continuity; in the former, 
 injuries of every description that affect 
 either the hard or the soft parts ; and ac- 
 cordingly under it are comprehended 
 bruises, contusions, fractures, luxations, 
 &c." 2 BecFs Med. Jur. 106. See Id. 
 287, and notes. 
 
 WOUNDING. In criminal law. The 
 offence of inflicting a wound. Defined by 
 Blackstone, " an aggravated species of bat- 
 tery, consisting in giving another some dan- 
 gerous hurt." 3 Bl. Crni. 121. But the 
 term has had a more specific sense given to 
 it, under recent English statutes. 1 Rus- 
 sell on Crimes, 729. See Wound. 
 
 WORTHIEST OF BLOOD. In the 
 English law of descent. A term applied 
 to males, expressive of the preference 
 given to them over females. See 2 Bl. 
 Corn. 234—240. 
 
 WREC. An old form of wrech, (q. v.) 
 
 WRECCUM, or WRECCUM MARIS. 
 L. Lat. In old English law. Wreck; 
 sea-wreck ; goods cast ashore by the sea 
 from a wrecked vessel; {res e naufragio 
 additcice in ierram.) Spelman. 5 Co. 106 
 a, b. Constable's case. 2 Inst. 167. Fleta, 
 lib. 1, c. 20, § 11. Written wreckum in 
 Bracton and Fleta, wrectum maris in the 
 Register. Bract, fol. 120. Fleta, lib. 1, 
 CO. 43, 44. Reg. Orig. 102 b, 126 a. See 
 Wreck. 
 
 WRECK, [from Sax. wroec; L. Fr. wrek, 
 wrekke; 0. Fr, vareeh; L. Lat. wreccum, 
 
WRE 
 
 (627) 
 
 WRE 
 
 wreckum, wrectum ; Lat. naufragium ; Fr. 
 naufrage, bris, echoiUment.] In English 
 law. Goods which, after a shipwreck at 
 sea, are by the sea cast upon the land. 5 
 Co. 106 b, Constable's case. 2 Inst. 161. 
 Goods cast ashore from a wrecked vessel, 
 where no living creature has escaped from 
 the wreck alive; and which are forfeited 
 to the crown, or to persons having the 
 franfchise of wreck. Cowell. 1 CrabVs 
 Real Prop. 507, § 656 ; 500, §§ 658, 659. 
 1 Bl. Com. 290, 291, 
 
 In American law. Goods cast ashore 
 by the sea, and not claimed by the owner 
 within a. year, or other specified period; 
 and which, in such case, become the pro- 
 perty of the state. 2 Kenffs Com. 322. See 
 Wreckum. 
 
 WRECK, Wrec. [L. Lat. wreccum, 
 wreckum.J In old English law. Any thing 
 thrown up on the land by the sea, (maris 
 ejectus.) Spelman. Lib. Barnes. § 95, 
 cited ibid. Called in some old charters. 
 
 seupwerp, quasi sea-up-werp. 
 Cowell. 
 
 Spelman. 
 
 A thing thrown out of a vessel, with 
 the intention of throwing it away, and 
 which is afterwards found ; a thing dere- 
 lict. Bract, fol. 120. See Wreckum. 
 
 WRECK. See Shipwreck. 
 
 WKECKFREE, Wrecfree, Wrecfry. In 
 old English law. Exempt from the forfeit- 
 ure of shipwrecked goods and vessels to the 
 king. Cowell. 
 
 WRECKUM, Wreccum. L. Lat. In old 
 English law. Wreck. A thing thrown 
 out of a ship, withont the intention of re- 
 claiming it. Et sciendum quod wreckum 
 iici poterit, quasi derelictum, ut si quid 
 [navis levandce causd,) a nave projectum 
 fhierit ab aliquo, sine animo retinendi vel 
 repetendi, id proprie did poterit wreckum, 
 :um res projecta habita sit pro derelicta ; et 
 n habita sit pro derelicta videri poterit per 
 orcesumptiones, iit si liber pi-ojecius fuerit, 
 %trum inveniatur clausus vel apertus, cum, 
 -.ommiide claudi possit et bene; et sic de 
 nmilibas. , (And it is to be known that a 
 ihing may be called wreck, as being dere- 
 ict, as if any thing be thrown out of a 
 ship by a person, (for the sake of light- 
 ening the ship,) without the intention of 
 •etaining or reclaiming it, it may be pro- 
 jerly called wreck, when the thing thrown 
 3ut is regarded as derelict ; and whether it 
 36 regarded as derelict may be judged 
 oy presumptions, as if a boot have been 
 ihrown out [such inference may be drawn 
 
 from the circumstance] whether it be found 
 shut or open, where it could conveniently 
 be shut ; and so of like cases.) Bract, fol. 
 120. See Fleta, lib. 1, c. 43, § 2. This 
 definition of wreck seems to be nearly or 
 quite that of jettison, (q. v.) 
 
 Goods or other things cast ashore by the 
 sea from a wrecked vessel. This was re- 
 garded as the proper sense of the word. 
 Item magis proprie did poterit wreckum, 
 si navis frangetur, et de qua nullus vivus 
 evaserit, et maxime si dominus rerum sub- 
 mersus fuerit, et quicquid inde ad terram 
 venerit erit domini regis, nee aliquis alius 
 aliquid a domino rege inde vendicare pote- 
 rit vel habere, quamvis prope littus maris 
 prcedia possederit, nisi de wrecko habendo 
 speciali gaudeat privilegio. Et quod hujus- 
 modi did debeant wreckam verum est, nisi 
 ita sit quod oerus dominus aliunde veniens, 
 per certa indicia et signa, docuerit res esse 
 suas ; ut si canis vivus inveniatur, et con- 
 stare possit quod talis sit dominus illius 
 canis et illorum rerum. Et eodem modo si 
 certa signa apposita fuevint merdbus et aliis 
 rebus. (Also, it may with more propriety 
 be called wreck, if the ship be broken, and 
 no living thing has escaped therefrom, and 
 especially, if the owner of the property 
 have been drowned, and whatever comes 
 therefrom to land, shall be the king's, nor 
 can any one else claim of the king any 
 thing therefrom, or have it, though he 
 may be the owner of lands near the sea- 
 shore, unless he enjoy the special privilege 
 of having wreck. And that things of this 
 kind ought to be called wreck, is true, un- 
 less it so happen that the true owner, com- 
 ing from another quarter, shall, by certain 
 marks and signs, show the thing to be his 
 property ; as if a dog be found alive, and 
 it can be evident that such person is the 
 owner of that dog, and of those things. 
 And in the same way, if certain m,arks 
 have been put upon merchandize and other 
 things.) Bract, fol. 120. 
 
 *^* The foregoing passage of Bracton 
 was written before the statute of West- 
 minster the First, in which the law of 
 wreck is laid down in the foUowincr terras : 
 De wreck de mere est accorde que la ou 
 home, chien, ou chat escape vive hors de la 
 neefe, la neefe ou, batelP, ou nul rien que la 
 eins fuit ne soit wreck, &c. (CoDcerning 
 wreck of the sea, it is agreed that where a 
 man, a dog, or a cat escape alive out of 
 the ship, the ship or boat or any thino- in 
 them shall not be adjudged wreck, but the 
 
WRE 
 
 ( 628) 
 
 WEE 
 
 goods shall be saved and kept, &a. So 
 that, if any sue for those goods, and after- 
 wards prove that they -were his, or perish- 
 ed in his keeping, within a year and a 
 day, they shall be restored to him without 
 delay. And if not, they shall remain to 
 the king.) Stat. Westm. 1, c. 4. See 
 Fleta, lib. 1, c. 44, § 2. These two. pas- 
 sages have often been quoted together, that 
 of Bracton being relied on by those who 
 have contended for a broader view of the 
 law of wreck than seems to be anthorized 
 by the letter of the statute. Both men- 
 tion the escape of a live animal from the 
 vessel, as a circumstance which would take 
 from the goods the character of wreck ; 
 the statute declaring it to be the absolute 
 criterion by which it was to be determined 
 whether the goods were wreck or not ; but 
 Bracton mentioning it only as a means of 
 proof by which the owner might show his 
 property. ' Bracton, however, it will be 
 seen, goes farther than the statute, laying 
 down the doctrine, in the important clause 
 with which the passage quoted from him 
 concludes, that if the owner could prove 
 his property by marks upon the goods, they 
 were not to be considered as wreck. In 
 the case of Hamilton and Smith v. Davis, 
 (5 Burr. 2732,) this clause was relied upon 
 by the plaintiffs' counsel as an authority to 
 show that the goods were no vireck, there 
 being, in that case, marks apparent upon 
 them. The defendant's counsel rested 
 upon the strict letter of the statute, and 
 contended that as no living creature had 
 come from the ship to the shore, the goods 
 were legally wreck; arguing, also, that Brac- 
 ton had mis-stated the law, and was unsup- 
 ported by any other writer, and was con- 
 tradicted by the Mirror, ancient charters 
 and ancient acts of parliament. Lord 
 Mansfield, in delivering the opinion of the 
 court, adopted the more liberal view of 
 Bracton, which he considered as according 
 with the common law before the statute, 
 (the statute itself having always been re- 
 cognized as declaratory of the common 
 law.) See 2 Kenfs Com. 322. It will be 
 observed that Blackstone is quoted by the 
 defendant's counsel in this case, as favor- 
 ing the stricter interpretation of the stat- 
 ute, in opposition to Bracton. But, in the 
 editions of Blackstone since published, 
 the decision in- this very case is quoted 
 with approval, as settling the doctrine on 
 the more liberal basis. 1 £1. Com. 291, 
 292. As to the accordance of the Ameri- 
 
 can law with Bracton, see 2 Kenis Com. 
 322. 
 
 Lord Mansfield, in the case above quo- 
 ted, observed, in allusion to the language 
 of the statute, and the construction of it 
 contended for on the part of the defend- 
 ant, that there was no ground for a forfeit- 
 ure of the goods upon the distinction be- 
 tween a man or other animal coming to 
 shore alive, or not alive ; that the coming 
 to shore of a dog or a cat alive, could be 
 no better proof than if they should come 
 ashore dead ; that the escaping alive made 
 no sort of difference ; and that if the 
 owner of the dog, or cat, or other animal 
 was known, the presumption of the goods 
 belonging to the same person would be 
 equally strong, whether the animal was 
 alive or dead. That an importance, how- 
 ever, was attached to the circumstance 
 of life in the animal, in such cases, seems 
 clear, not only from the language of the 
 statute, but from the express words of 
 Bracton, who enumerates it as one (and, 
 indeed, mentions no other) of the indicia 
 and sigiia by which the owner might prove 
 his property, supposing there were no 
 marks upon the goods themselves. Si 
 canis vims inveniatur, if the owner's dog 
 were found alive on the shore, the behavior 
 of the animal towards his master would 
 furnish in itself a natural indicium of the 
 greatest importance in identifying him, so 
 that constare possit quod talis sit dominus 
 illius canis, and then the presumption fol- 
 lowed, that the owner of the dog was the 
 owner of the goods that came ashore with 
 the dog. Such, at least, seems to be the 
 reasonable interpretation of the passage, 
 otherwise it is difficult to explain why the 
 canis vivus is so prominently mentioned 
 by this author. 
 
 It may be observed in addition, that in 
 a writ in the Register, on the subject of 
 wreck, the escape of a live animal from the 
 ship is expressly made a criterion whether 
 the goods washed ashore were forfeitable 
 as wreck ; the persons to whom it is direct- 
 ed being instructed to inquire whether any 
 person escaped alive from the ship to land 
 or not, and to award the goods to the 
 claimants on their making proof of pro- 
 perty, provided, however, some animal 
 have escaped alive from the said ship, 
 {dum tamen aliquod animal a dicta navi 
 vivum evaserit.) Reg. Orig. 126. 
 
 WKECTUM. L. Lat. In old English 
 law. Wreck. Habere consueverunt wrec- 
 
WRI 
 
 ( 629) 
 
 WRI 
 
 turn maris infra prcecinctum manerii prce- 
 dicti ; Lave been accustomed to have wreck 
 of the sea, within the precinct of the manor 
 aforesaid. Reg. Orig. 102 1). Ac si wrec- 
 tu^ fuissent, ceperunt et asporiaverunt ; 
 took and carried away, as if they were 
 wreck. Id. 126. 
 
 WREK, Wreke, Wrekhe. L. Fr. Wreck. 
 Be wrek de meer trove ; of wreck of the 
 sea found. Britt. c. 17, 33. De wrekkes 
 de meer trove. Id. c. 29. 
 
 WRIT, [from Sax. writan, to write ; 
 Lat. breve ; L. Fr. hrefe, href, brief e, briefve ; 
 Scotch, brieve^ In practice. A judicial in- 
 strument by which a court commands some 
 act to be done by the person to whom it 
 is directed. An instrument in writing, in 
 an epistolary form, running in the name of 
 the sovereign of a state, and issued out of 
 a court of justice under seal, either as the 
 commencement of an action or during its 
 progress, directed to a sheriff or other min- 
 isterial officer, or to the party intended to 
 be bound by it, and commanding some act 
 therein mentioned to be done at, or within 
 a certain time specified. Writs directed 
 to oflScers always contain a command to 
 return them on a certain day, called the 
 return or return day, (q. v.) and all writs 
 are usually ^fitnessed or tested in the name 
 of the chief justice or principal judge of 
 the court out of which they are issued. 
 The term writ is supposed by Mr. Reeves 
 to have been derived from the fact of these 
 formulm having always been expressed in 
 writing, being in this respect distinguished 
 from all the other proceedings in the an- 
 cient action, which were conducted orally. 
 1 Beeves' Hist. Eng. Law, 95. 2 Id. 266. 
 
 * ^ The distinction of writs into origi- 
 nal and judicial, was a fundamental and 
 highly important one in old English law 
 and practice. Original writs were manda- 
 tory letters, (so termed from their episto- 
 lary form,) issuing out of the court of chan- 
 cery under the great seal, constituting the 
 foundation of actions, and being the first 
 proceeding in them. Judicial writs were 
 those which issued after the action had 
 been thus commenced, and they were is- 
 sued out of thei court in which it was pend- 
 ing, and under the seal of such court. 3 
 Bl. Com. 273, 282. See Original writ, 
 Judicial writ. The Register of Writs, the 
 greatrepository of these formulae, is divided 
 into two parts ; the Register of Original 
 writs, and the Register of Judicial writs. 
 In modern times, original writs have fallen 
 
 into disuse, and most of them have been 
 expressly abolished in England. And in- 
 deed the proceeding by writ, in general, 
 seems to have been superseded in a con- 
 siderable degree by other judicial instru- 
 ments, though none of these appear to 
 equal it in point of expressiveness and for- 
 mal effect. 
 
 WRIT. [Lat. breve, litera, literce.] In 
 old English law. An instrument in the 
 form of a letter ; a letter or letters of at- 
 torney, {literce procuratorice.) This is a 
 very ancient sense of the word. Bracton 
 observes that where a person had a charter 
 or deed of land, and a letter of attorney 
 from the grantor to deliver seisin, it was 
 said in English, ^tt ^ab botljt ferit mtJr i^aiter. 
 Bract, fol. 40. See Breve. 
 
 Letters patent and letters close are other- 
 wise called writs patent and writs close. 2 
 Bl. Com. 346. 
 
 WRIT. In Scotch law. A writing ; an 
 instrument in writing, as a deed, bond, 
 contract, <fec. 2 Forbe^ Inst, part 2, p. 
 17S — 179. Handwrit is used for hand- 
 writing. 2 How. St. Trials, 715. 
 
 WRIT OF ENTRY. See Entry, writ 
 of 
 
 WRIT OF ERROR. [L. Lat. breve de 
 errore ; L. Fr. brefe d'errour.^ In practice. 
 A writ to correct error ; called at length 
 in the old books, breve de errore corrigenda, 
 a writ about correcting error ; the abbre- 
 viation of which {breve de errore) has been 
 literally translated, writ of error. Some- 
 times simply termed error. Defined by 
 Lord Coke to be a writ which " lieth where 
 a man is grieved by any error in the foun- 
 dation, proceeding, judgment or execution 
 [of a suit,] and thereupon it is called breve 
 de errore corrigendo. But without a judg- 
 ment, or an award in nature of a judgment 
 no writ of error doth lie ; for the words of 
 the writ be, si judicium redditum sit, [if 
 judgment be given;] and that judgment 
 must, regularly be given by judges of re- 
 cord, and in a court of record, and not by 
 any other inferior judges in base courts ; 
 for thereupon a writ of false judgment doth 
 lie." Co. Litt. 288 b. See JSrror, writ of. 
 
 WRIT OF INQUIRY. See Inquiry, 
 writ of. 
 
 WRIT OF RIGHT. [L. Lat. breve de 
 recto ; L. Fr. brefe de droit.'\ In old prac- 
 tice. A writ which lay to recover lands in 
 fee simple, unjustly withheld from the true 
 proprietor ; the great and final remedy for 
 the recovery of the right of property, (jus 
 
WEI 
 
 (630) 
 
 WRO 
 
 proprietatig,) or mere right, (jus merum,) 
 as distinguished from the right of posses- 
 sion. 3 Bl. Com. I9i, 191. Roscoe'^ Real 
 Act. 1 9. It was in its nature the highest 
 ■writ in the law, and lay only of an estate 
 in fee simple, and not for him who had a 
 less estate. It lay concurrently with all 
 other real actions, in which an estate of 
 fee simple might be recovered ; and it also 
 lay after them, being, as it were, an appeal 
 to the mere right, when judgment had 
 been had as to the possession in an inferior 
 possessory action. 3 Bl. Com. 193. 
 
 Writs of right have been abolished in 
 England, by statute 3 and 4 Will. IV. c. 
 27. 3 Steph. Com. 493. They have been 
 abolished also in some of the United States, 
 and are, in general, disused in practice. 
 See 4 £ent's Com. 10, note. But they 
 may still be used as process in the Circuit 
 Courts of the United States. 16 Howard's 
 a. 364, 365. 
 
 To WRITE. [Sax. writan; Lat, scri- 
 bere.^ To express ideas by letters visible 
 to the eye. Kent, C. 14 Johns. R. 491. 
 To impress letters upon paper or parch- 
 ment with pen and int, with a pencil, or 
 with any other instrument or material which 
 can make them permanently visible.* The 
 term includes the impression of letters with 
 types and ink. See Wnting. 
 
 WRITER TO THE SIGNET. In Scotch 
 law. An ofiBcer nearly corresponding to 
 an attorney at law, in English and Ameri- 
 can practice. Writers to the signet, called 
 also clerks to the signet, derive their name 
 from the circumstance that they were an- 
 ciently clerks in the office of the Secretary 
 of State, by whom writs were prepared and 
 issued under the royal signet or seal, and 
 when the signet became employed in judi- 
 cial proceedings, they obtained a monopo- 
 ly of the privileges of acting as agents 
 or attorneys before the Court of Session. 
 Brande, voc. Signet. 
 
 WRITING. [Lat. scriptura ; L. Fr. 
 escript.'] The expression of ideas by let- 
 ters visible to the eye. Kent, C. 14 Johns. 
 R. 491. — The outward, visible form in 
 which the contract, will or direction of a 
 person is expressed ; and which in many 
 cases constitutes an essential part of it.* 
 Termed in the old books, one of the gar- 
 ments (L. Fr. garnemenis, L. Lat. vesti- 
 menta,) of a contract or obligation. Bract. 
 fol. 99. Britt. c. 28. 
 
 Writing is an essential requisite to the 
 validity of a deed or conveyance of land, 
 
 and to many other contracts, such as bonds, 
 bills, notes, leases in certain cases, and even 
 the informal memoranda required by the 
 statute of frauds. 2 £1. Com. 297. 4 
 Xent's Com. 450 — 452. Writing consti- 
 tutes, also, an essential part of nearly all 
 judicial proceedings. But writing is not, 
 in these cases, confined to the ordinary and 
 popular signification of the term,— rthe for- 
 mation of letters by pen and ink. The 
 mode or manner of impressing the letters 
 is no part of the substance or definition of 
 writing. Kent, C. 14 Johns. R. 491. The 
 law has gone so far as to prescribe the 
 material upon which the writing is to be 
 made ; and hence a deed is required to be 
 written on paper or parchment, and not on 
 wood or stone. This, it is observed, was 
 for the sake of durability and safety, and 
 is all the regulation that the law has pre- 
 scribed. But the instrument, or the ma- 
 terial by which letters are to be impressed 
 on paper or parchment, has never yet been 
 defined. Kent, C. wb. sup. Hence print- 
 ing is writing, in the legal sense of the 
 term, and an instrument the words of which 
 are printed either wholly or in part, is 
 equally valid with an instrument written 
 with a pen. 2 Bl. Com. 297. Even writ- 
 ing with a lead pencil, (liable, as it is, to 
 be eflFaced,) has been held sufficient in many 
 cases. See 14 Johns. R. 491. See Sig- 
 nature. A promissory note in pencil is 
 valid while legible. 14 Texas R. 329. 
 
 WRITING. [Lat. scriptum ; L. Fr. 
 escript.] A thing written; a written in- 
 strument or document. See Scriptum, 
 Best on Evid. 239 — 241. 
 
 WRITING OBLIGATORY. [L. Lat. 
 scriptum obligatorium.] The technical 
 name by which a bond is described in 
 pleading. See Bond. 
 
 WRITTEN LAW. [Lht Jus scriptum, 
 lex scripia ; Gr. »«;«>tf ^ypo^os.] One of the 
 two leading divisions of the Roman law, 
 comprising the leges, plebiscita, senatus- 
 consulta, principum placita, magistratuum 
 edicta, and responsa prudentum. Jnst. 1. 
 2. 3. 
 
 Statute law ; law deriving its force from 
 express legislative enactment. 1 Bl. Com, 
 62, 85. See I/cx scripta. 
 
 WRONG. [L. Fr. tort ; Lat. injuria.] 
 The violation of a right, or of law, either 
 by a positive act, or negatively, by with- 
 holding from another that which is his due, 
 or neglecting to comply with some expres's 
 requirement of law ; an injury. See Injuria^ 
 
WYT 
 
 (631) 
 
 YAR 
 
 Literally, wrung, or twisted ; the oppo- 
 site of right, whicb also literally means 
 straight. The Fr. tort, (from Lat. tortum, 
 twisted, from torquere,) has precisely the 
 same meaning. 
 
 The idea of rights naturally suggests the 
 correlative one of wrongs ; for every right 
 is capable of being violated. A right to 
 receive payment for goods sold (for exam- 
 ple,) implies a wrong on the part of him 
 who owes, but withholds the price ; a right 
 to live in personal security, a wrong on the 
 part of him who commits personal violence. 
 And, therefore, while in a general point of 
 view the law is intended for the establish- 
 ment and maintenance of rights, we find it, 
 on closer examination, to be dealing both 
 with rights and wrongs. It first fixes the 
 character and definition of rights, and then, 
 with a view to their eflfectual security, pro- 
 ceeds to define wrongs, and to devise the 
 means by which the latter shall be pre- 
 vented or redi'essed. 1 Steph. Com. 126. 
 
 A private wrong, is otherwise termed a 
 civil injury ; a public wrong, a crime, or 
 misdemeanor. See Private wrongs. Pub- 
 lic wrongs. 
 
 WRONGOUS, Wrongous. In Scotch 
 law. Wrongful; unlawful; as wrongous 
 imprisonment. i!rsk, Pr. b. 4, tit. 4, § 25. 
 
 WULTAVA, Wulitava. L. Lat. In 
 old European law. A disfiguring of the 
 face. Addit. ad L. Frison. tit. 3, § 16. 
 Spelman. 
 
 WULVESHEVED, Wulfesheofod. Sax. 
 [from wulfe, wolf, and heofod, head.] In 
 Saxon law. Wolf's head ; a term applied 
 to an outlaw. Sivero postea repertus fue- 
 rit, et retineri possit, vivus regi reddetur, vel 
 caput ejus, si se defenderit. Lupinum enim 
 gerit caput, quad Anglice WM\istt\tiitii 
 dicitur. (But if he be afterwards found, 
 and can, be taken, he shall be brought to 
 the king alive, or his head, if he defend 
 himself. For he carries a wolf's head, 
 which is called in English wulvesheved.) 
 LL. Edw. Conf. c. 1, [8.] Spelman. 
 
 WUETH. Sax. In Saxon law. Wor- 
 thy ; competent ; capable. Aiheswurthe ; 
 ■worthy of oath ; admissible or competent 
 to be sworn. : Spelman. See Othesworthe. 
 
 WYTA, Wita. L. Lat. In Saxon and 
 old English law. A fine, or mulct ; a wite, 
 (q. V.) JEx his placitis, qucedam emendan- 
 tur centum solidis ; qucedam wera, quaedam 
 wyta ; qucedam emendari non possunt. (Of 
 these pleas, some may be made amends 
 for, [satisfied or discharged,] by payment 
 
 of a hundred shillings ; some by a were, 
 some by a wite; some cannot be made 
 amends for.) LL. Hen. I. c. IS, Spel- 
 man, voc. Wita. 
 
 WYTE. Sax. In old English law. Ac- 
 quittance or immunity from amercement. 
 Used in the compound words, frendwyte, 
 ferdwyte, hlodwyte, wardwyle and hengwyte, 
 (qq. V.) Fleta, lib. 1, c. 47, §§ 15, 16, 17. 
 
 X. 
 
 X. A contraction of the word extra, 
 used in citing that part of the canon law 
 called Gregory's Decretals, thus : cap. 8, X. 
 de regulis juris. 
 
 XAiPEiN, XaXfciv, Gr. [Lat. salve, salu- 
 tem.\ Hail; health; greeting. A word 
 used in Greek conveyances, correspond- 
 ing with the Latin salutem, (q. v.) Dig. 
 8. 3. 37. Id. 31. 34. 1. 
 
 XENODOCHIUM. Grseco-Lat. [from 
 Gr. ^svoSoxif, from (cvos, a guest, and Slxofi", 
 to receive.] In the civil and old Eng- 
 lish law. An inn allowed by public 
 license, for the entertainment of strangers, 
 and other guests. Calv. Lex. Cowell. 
 
 A hospital ; a place where sick and in- 
 firm persons are taken care of. Cowell. 
 10 Co. pref. In the civil law, the house 
 itself was called xenon {iivm-) the per- 
 son who had charge of it, xenodochus, 
 {^Mlax"!-) Ood. 1. 3. 33. Id. 1. 3. 46. 
 1. Nov. 7, epilog. 
 
 XEUETE. L. Fr. A corruption of 
 seurte, or suerte, (q. v.) Kelham. 
 
 xpHsir, Xpijcrif. Gr. [Lat. ««ms.] In 
 the civil law. Use. Calv. Lex. See Usus. 
 
 Y. 
 
 y is constantly used for th in old Eng- 
 lish and Scotch records. The use of ye or 
 y' for the, is a familiar illustration of this 
 practice. 
 
 YA ET NAY. In old records. Mere 
 assertion and denial, without oath. Quod 
 homines sui (Ripponienses) sint credendi 
 per suum Ya et per suum Nay, in omnibus 
 querelis et curiis ; that his men (of Eippon) 
 may be believed on their yea and on their 
 nay, in all plaints -and courts. Chart. 
 Athelstan. Beg. 1 Mem. Angl. 173 a. 
 Cowell. Blount. 
 
 YA'L'EMAmm,Jalemiens. L. Fr. At 
 least ; nevertheless ; however. Kelham 
 Plowd. 219. 
 
 YARD, [from Sax. gyrdan, to enclose ; 
 Lat. curtis.^ An enclosed space or area 
 
YEA 
 
 ( 632 ) 
 
 YEA 
 
 generally attached to a dwelling-house. A 
 common term in deeds. 1 Ghitt. Gen. Pr. 
 176. 
 
 YARD-LAND. [Sax. gyrdland ; L. 
 Lat. virgata terrce.'] In old English law. 
 A measure of land! of uncertain quantity, 
 varying from fifteen to forty acres. Spel- 
 man, voc. Virgata terrw. 
 
 YAUE, Yave. L. Fr. Comipted forms 
 of eaue and ewe, (qq. v.) following the pro- 
 nunciation. Kelham. 
 
 YCEL. L. Fr. It; this; the same. 
 Un ycel ; in it. L. Fr. Bid. Kelham. 
 
 YCEMENT. L. Fr. Thus; in like 
 manner. Kelham. 
 
 YCESTES. L. Fr. These. Kelham. 
 
 YCETJX, Tceaux. L. Fr. Those ; them. 
 Kelham. 
 
 YCONOMUS, Oeconomus. L. Lat. In 
 old records. An advocate or defender ; a 
 patron. Cowell. 
 
 YEAE. [O. So. zeir ; Sax. gear ; Lat. 
 annus; L. Fr. an, ann.'\ The period of three 
 hundred and sixty-five days, or twelve ca- 
 lendar months. 2 Bl. Com. 140. Oo. Litt. 
 135. Oro. Jac. 166. 1 N. Y. Bev. St. 
 [606,] 615, § 3. By the statute 21 Hen. 
 III. the increasing day in the leap-year, 
 together with the preceding day, were di- 
 rected to be accounted for one day ; and 
 this rule has continued to be observed ever 
 since. 2 Bl. Com. 141. 1 N. Y. Rev. St. 
 uh. sup. 
 
 YEAR AND DAY. [0. So. zeir and 
 daie ; Germ, jar nnirtag; L. Lat. annus et 
 dies ; L. Fr. anetjour^ A period of time 
 limited by law for many purposes, and 
 which in some cases determines a right, in 
 other works a prescription. Thus, wreck 
 and estrays become the property of the 
 crown or state, unless claimed by the owner 
 within a year and a day. 1 Bl. Com. 292, 
 297. 2 Kent's Com. 359, 360. So, in 
 criminal law, in order to mate the killing 
 of a person murder, it is requisite that the 
 party die within a year and a day after the 
 stroke received, or cause of death admin- 
 istered. 4 Bl. Com. 197, 306. Co. Litt. 
 254 b. So, in practice, execution, accord- 
 ing to the English rule, cannot be issued 
 after a year and a day from the time of 
 perfecting judgment, without a scire facias. 
 2 Tidd's Fr. 1102. Arch. JV. Pract. 566. 
 So, in admiralty law, a claim to property 
 captured as prize must be interposed within 
 a year and a day, otherwise comdemnation 
 follows as of course. 2 QallisorCs B. 386, 
 388. 
 
 In the old law of England, the period of 
 a year and a day was allowed or prescribed 
 for other purposes ; as for making claim 
 upon a fine or final judgment in a writ of 
 right, and for bringing an appeal of death 
 by a wife or heir. Co. Litt. 254 b. Pro- 
 tections were allowed but for a year and a 
 day, and if a villein remained in ancient 
 demesne a year and a day, he was privi- 
 leged. Id. ibid. 
 
 In the early maritime ordinances of 
 France, in the laws of Oleron and in the 
 Consolato del Mare, the same period is 
 fixed as the limitation of right in cases of 
 shipwreck. Consol. del Mare, ch. 252. 
 Les Us et Coutumes de la Mer, 63, 54. 
 Laws of Oleron, 30. Ord. Mar. liv. 4, tit. 
 9, art. 24. And this was in accordance 
 with the civil law. Cod. de Naufragiis, 
 lib. xL tit. 5, 1. 2. PecJcius ad Rem Naut. 
 889. Story, J. 2 Qallison's R. 388. 
 
 In the Books of Feuds, the laws of the 
 Lombards, and the Formularies of Linden- 
 brog, the same period is prescribed in the 
 case of forfeitures, warranties, &c. and 
 Spelman considers it to be essentially of 
 German origin. Gloss, voc. Annus et dies. 
 The day, in this period, is in modern law 
 the ordinary day of twenty-four hours. In 
 the German law of the middle ages, how- 
 ever, it meant a period of six weeks. Spel- 
 man quotes an old German Glossary that 
 gar nnb taj ist act^s feoi^en nitJb- tin jar; 
 Year and day is six weeks and a year. See 
 Heineccius De prcescriptione annali juris 
 Luhecensis a jure communi diversa, (Opera 
 Minora, Syli. I. Exerc. 26.) It is generally 
 supposed to have been added to the year 
 in order to remove any doubt as to the 
 completion of the year by inclusive or ex- 
 clusive computation of the first or last day. 
 2 Chitt. Gen. Pr. 107, citing Palmer's Pr. 
 Lords, 115, note. Mr. Erskine observes 
 that " a day is adjected to the year, in ma- 
 jorem evideniiam,ihat it may clearly appear 
 that the year itself is elapsed." Krsk. Pr. 
 b. 1, tit. 6, § 22. BelPs Did. And see 
 2 Gallison's R. 388, 389, note. 
 
 YEAR-BOOKS. The oldest English 
 reports extant, beginning with the reign of 
 Edward II. and ending with the reign of 
 Henry VIII. They derive their name from 
 the circumstance of having been annually 
 published, and are called by old law writers 
 " books of the years and terms," or " books 
 of the terms and years." 1 Bl. Com. 72. 
 Co. Litt. 115 b. Dod. & Stud. Dial. 1, 
 ch. 9. % Beeves' Hist. Eng. Law, Zh'}. They 
 
YEO 
 
 (633) 
 
 YOR 
 
 consist of eleven parts or volumes, ■written 
 in Law French, and extend over a period 
 of nearly two hundred years. The series, 
 however, is in some parts broken, and 
 many years are found without a single re- 
 port. Thus, in the reign of Edward III. 
 the 11th to the 16th, the 19th to the 20th, 
 and the 31st to the 31th. are without a re- 
 port. The case is the same during the 
 whole reign of Eichard II. and the 3d, 4th 
 and 6th years of Henry V. ; the 5th, 6th, 
 13th, 15th, 16th, 17th, 23d, 24th, 25th, 
 26th and 29th of Henry VI. ; the l^th, 
 18th and 19th of Henry VII. ; and the 1st 
 to the 12th, the 15th, 16th, 11th, 20th to 
 the 25th, and the 28th to the end of the 
 reign of Henry VIII. Many of the omit- 
 ted cases are, however, to be found in the 
 Abridgments of Statham, Brooke and Fitz- 
 herbert, as also in the reports of Dyer, 
 Jenkins, Keilway and Benloe. The use of 
 the Year Books was indeed superseded in 
 a great degree by the abridgments just 
 named, and in modern law they are rarely 
 referred to. But they are still regarded as 
 authority, and have been followed in some 
 recent English cases. See 1 B. d: C. 410. 
 14 Mees. <b W. 589. 3 Man. Gfr. & Scott, 
 61, arg. 
 
 TEAR, DAY AND WASTE. [L. Lat. 
 annus, dies et vastum ; L. Fr. an, jour et 
 wast^ In English law. A privilege or 
 prerogative of the crown to have the lands 
 and tenements belonging in fee simple to 
 persons attainted for murder, for a year and 
 a day, and to commit waste therein at pleas- 
 ure. 4 Steph. Com. 450. 4 Bl. Com. 285. 
 
 YEME.. In old records. Winter; a 
 corruption of the Lat. hieme. Reddendo — 
 ad festum S. Martini, in yeme; rendering 
 at the feast of St. Martin, in winter. Cow- 
 ell. Kelham gives it as a law French 
 word. Yemis (for hiemis) occurs in Fleta. 
 Lib. 2, c. 13, §§ 16, 18. 
 
 YEMER. L. Fr. [from Lat. hiemare.] 
 To winter. Kelham. 
 
 YEOMAN, Toman, Yeman. [from Sax. 
 geman, common.] In English law. A 
 commoner ; a freeholder under the rank of 
 gentleman. Cornell. Camd. Brit. 105. 
 A man who has free land of forty shillings 
 by the year ; who was anciently thereby 
 qualified to serve on juries, vote for knights 
 of the shire, and do any other act, where 
 the law requires one that is probus et lega- 
 lis homo. \ Bl. Com. 406, 407. 2 Inst. 
 668. 3 Steph. Com. 16. 
 
 This term is occasionally used in Ameri- 
 
 can law, in the description of persons in 
 legal instruments, but without any definite 
 meaning. The fictitious bail, John Doe 
 and Richard Roe, are generally described 
 as yeomen. 
 
 YEOVEN, Yeven, Yeuen. 0. Eng. In 
 old records. Given. " ]reow«B, (given,) the 
 day and year first above written." Cowell. 
 The Dictum de Kenilworth concludes, 
 ^'■Yeoven and proclaimed in the castle of 
 Kenilworth, the day before the Calends of 
 Novemb. Anno 1256." Id. The famous 
 bull of Pope Gregory against WyclifiFe ends 
 with these words: "Yeuen at Rome, at S. 
 Marie's the greater, xj Kalend of June," &c. 
 Cowell supposes it to be a corruption of the 
 Sax. geofian, to give. 
 
 YmLX,Yeux,Yex,Yes. L.Fr. Eyes. 
 Kelham. 
 
 YIELD. [Lat. reddere, cedere.'] To 
 give as claimed of right ; to resign ; to give 
 up ; to surrender to ; to give way ; to give 
 place to. Webster, arg. 1 Cushing's JR. 405. 
 
 YIELDING AND PAYING. In con- 
 veyancing. The initial words of that clause 
 in leases, in which the rent to be paid by 
 the lessee is mentioned and reserved. Cor- 
 responding to the reddendum or reddendo, 
 (qq. V.) of old conveyancing. Cowell and 
 Blount suppose " yielding" to be a corrup- 
 tion of the Sax. geldan, or gyldan, to pay. 
 
 The words " yielding and paying" have 
 been held to constitute an implied covenant, 
 and not to bind the lessee after assignment 
 of the lease. 9 Vermont B. 191. 
 
 YINGEMAN, A word occurring in the 
 laws of Henry I. (c. 16) which Spelman 
 thinks might be a mistake for Ynglishman, 
 or Englishman. 
 
 YL. L. Fr. He ; it. A corruption of 
 il. Yl semble ; it seems. Kelham. 
 
 YO, Joe. L. Fr. Water. Kelham. 
 A corruption of eau, or ewe. 
 
 YORK, Custom of. A custom of the 
 province of York in England, by which the 
 efiects of an intestate, after payment of his 
 debts, are in general divided according to 
 the ancient universal doctrine of the pars 
 rationabilis. 2 Bl. Com. 518. 2 Steph. 
 Com. 254. 
 
 YORK, Statute of. An important Eng- 
 lish statute passed at the city of York, in 
 the twelfth year of Edward 11. containing 
 provisions on the subject of attorneys, wit- 
 nesses, the taking of inquests by nisi prius, 
 &c. 2 Reeves' Hist. Eng. Law, 299 — 302. 
 CrabVs Hist. 203. 
 'YnoBOAON, 'Yct^oXov. Gr. [from fe(,/3dXAjiv, 
 
ZE 
 
 (634) 
 
 ZYT 
 
 to add a less to a greater.] In the civil 
 law. An addition to a woman's dowry, 
 {Incrementum dotis.) Calv. Lex. See 
 Sypoholon. 
 
 'YnOeHKH, 'YmOfiKJi. Gt. [from inonBivai, 
 
 to put under.] In the civil law. A 
 kind of pledge in which the possession 
 of the thing pledged remained with the 
 debtor. Cah. Lex. See Hypotheca. 
 
 YEELOJSD. In old English law. Ire- 
 land. Le def fuist un marchand Li'yreldd ; 
 the, defendant was a merchant of Ireland. 
 Yearh. T. 5 Edw. III. 4. 
 
 TVER, Tvre, Tverne. L. Fr. Winter. 
 Kelham. 
 
 YVERNAGIUM. L. Lat. [from Fr. 
 yverne, winter.] In old records. Winter- 
 seedness ; season for sowing corn, [grain.] 
 Cowell. Blount. Inhladatio yuernagii. 
 Fleta, lib. 2, c. 41, § 1. 
 
 YVERNAIL BLE, L. Fr. Winter 
 grain. Kelham. 
 
 Z. 
 
 Z is frequently used for y, in old English 
 and Scotch records. See infra. 
 
 ZABULUM. L. Lat. In old records. 
 Coarse sand or gravel. Blount. See Sahulo. 
 
 ZARDE,Zflird. O.So. Yard. Skene 
 de Verb. Signif. 
 
 ZE. 0. Sc. Ye. Skme de Verb. Sic/n. 
 voc. Momagium, 
 
 ZEIR. O. Sc. Year. "Zeire and 
 day." Act A. D. 1594, c. 226. Bell's 
 Diet. voc. nouses. 
 
 ZELDE. 0. Sc. A gift or donation. 
 Skene de Verb. Sign. voc. Hereeelda. 
 
 ZOUNG. O. Sc. Young. 1 How. 
 St. Trials, 915. 
 
 ZOTJR. O.Sc. Your. Skene de Verb. 
 Sign. voc. Homagium. 
 
 '20W, Zowe. O. Sc. and O. Eng. 
 You. Skene de Verb. Sign. voc. Homagium. 
 1 Hmt). St. Trials, 154. See To vdt. 
 
 ZUCARIUM. L. Lat. , In old English 
 law. Sugar. Fleta, lib. 2, c. 12; § 4. 
 
 ZUCHE. [L. Lat. zucheus ; L. Fr. sou- 
 che.'] In old records. A withered or dry 
 stock or stub of a tree. Cowell. Blount. 
 
 ZYGOCEPHALUM. Grasco-Lat. [Gr. 
 ^vyoKetjuikov, from ^tijriiv, a yoke, and Kc^aAj), 
 head.] In the civil law. A measure or 
 quantity of land. JVov.ll, c. 8. As much 
 land as a yoke of oxen could plough in a 
 day. Calv. Lex, 
 
 ZYGOSTATES. Grseco-Lat. [Lat. 
 libripens.'\ In the civil law. A weigher ; 
 an oflBcer who held or looked to the bal- 
 ance, in weighing money between buyer 
 and seller ; an officer appointed to deter- 
 mine controversies about the weight of 
 money. Spelman, 
 
 ZYTHUM. Lat. A liquor or beverage 
 made of wheat or barley. Dig. 33. 6, 9, 
 pr. 
 
A GLOSSARY 
 
 or LATiir 
 
 NAMES OF PLACES. 
 
A GLOSSARY 
 
 OF 
 
 ANCIENT LATIN NAMES OF PLACES IN ENGLAND, 
 SCOTLAND, WALES AND IRELAND. 
 
 TAKEN FKOM THE APPENDIX TO tOWELl's INTEEPRETER, WITH CORBBCTIONS AND ADDITIONS. 
 
 A. 
 
 ABALLABA, Applebeia. Appleby in 
 Westmoreland. 
 
 ABBANDTJNUM, Ahendonta, Ahhendonia. 
 Abington in Berkshire. 
 
 ABERDONA, Aherdonia. Aberdeen. 
 
 ABLATO BULGIO. Bulness or Bolness 
 in Cumberland. Now Bowness. 
 
 ABONE, Ahonis. Avington or Aventon in 
 Gloucestershire. 
 
 ABREVICUM. 
 
 Berwick on Tweed. 
 
 The river 
 
 ABUM, Ahus jEstuarium. 
 Humber in Yorkshire. 
 
 ACEMANNI CASTRA. Bath. 
 
 ACHELANDA. Bishop's Auckland in 
 the county of Durham. 
 
 ADELINGIA. Athelney in Somersetshire. 
 
 AD-LAPIDEM. Stoneham in Hampshire. 
 
 AD-PONTEM. Pawnton in Lincolnshire. 
 
 ADROS, Andros, Andrium. Bardesey 
 Island, between Wales and Ireland. 
 
 ADURNI P0RTU8. Ederington in Sus- 
 sex. 
 
 MBVDM. The Hebrides Islands. 
 
 ^GLESBURGUS. Aylesbury in Buck- 
 inghamshire. L. Lat. Diet. 
 
 JSTONA. Eaton in Buckinghamslyre. 
 
 AGER MARIDUNENSIS, Caermarthen- 
 shire. 
 
 ALANNIUS. The river Avon in Wilt- 
 shire. 
 
 ALATA CASTRA, Alatum Castrum. Ed- 
 inburgh. L. Lat. Diet. 
 
 ALATJNA. Alnwick in Northumberland. 
 L. Lat. Diet. , 
 
 ALATJNICUS PORTUS. Milford Haven. 
 
 ALAUNODUJSrUM. Maidenhead in Berk- 
 shire. 
 
 ALATJNUS, Alanus. The river Alne in 
 Northumberland. 
 
 ALBUM MONASTERIUM. Whitchurch 
 in Shropshire. 
 
 ALECTUM, ^ZZectom. Dundee. L. Lat. 
 Diet. 
 
 ALENUS. The river Alen in Dorsetshire, 
 and another in Denbighshire. The river 
 Alne in Warwickshire. 
 
 ALIGN, Alione, Alone. Lancaster. Whit- 
 by Castle in Cumberland. 
 
 ALONE. The river Aln in Northumber- 
 land. 
 
 AMBOGIANNA. Ambleside in West- 
 moreland. 
 
 AMBROSII BTJRGTJS. 
 Wiltshire. 
 
 ANDERIDA. Newenden in Kent. 
 
 ANDOVERA. Andover in Hampshire. 
 
 ANGLESEGA, MONA. Anglesey island. 
 
 ANGUILLARIA INSULA. The isle of 
 Ely. 
 
 Amesbury in 
 
BAD 
 
 ( 638) 
 
 BOL 
 
 ANGtriLLARIUM MONASTERIUM. 
 The city of Ely in Cambridgeshire. 
 
 ANTIVEST^TJM. The Land's End. 
 
 APIACUM, Epiacum. Pap-Castle in Cum- 
 berland. 
 
 AQTJ^ CALID^, Aqu<E Solis. Bath 
 city in Somersetshire. 
 
 AQTJ^DUNENSIS SALTU8. Water- 
 don. 
 
 AQU^VADENSIS PONS. Eiford. 
 
 AQUILiEDTJNUM. Hoxton. Eagles- 
 town. 
 
 ARBEIA. Ireby in Cumberland. 
 
 ARGATHALIA. Argyleshire. L. Lat. 
 
 Diet. 
 AEICONIUM. Kenchester near Hertford. 
 
 AKITNDELI^, Arundellum, Aruntina 
 vallis. Arundel in Sussex. 
 
 ARTJNDINIS VADUM. Redbridge in 
 Hampshire. 
 
 ARTJNUS. The river Arun in Sussex. 
 ARVONICA. Caernarvonshire. 
 ATHANATON, Athanatos. The isle of 
 Thanet in Kent. 
 
 ATHESIS. . The river Tees in the county 
 
 of Durham. 
 ATREBATII. Inhabitants of Berkshire. 
 AUGUSTA TRINOBANTUM. London. 
 
 AUREA VALLIS. Golden Vale in Here- 
 fordshire. L. Lat. Diet. 
 
 AVALONIA. Glastonbury in Somerset- 
 shire. 
 
 AVONA. The river Avoq, in various 
 parts of England. 
 
 AVONA. Bungay in Norfolk Hampton- 
 court. 
 
 AVON^ VALLIS. Avondale in North- 
 hamptOQshire. 
 
 AXELODUNUM. Hexham in the coun- 
 ty of Northumberland. 
 
 B. 
 
 BACHELAGAN^ SYLV^. Bagley. 
 
 BADIZA. Bath in Somersetshire. 
 
 BADONICUS MONS. Bannes-down near 
 Bath. 
 
 BAINUS PONS. Bainbridge in York- 
 shire. 
 
 BALNEA, Baiha, Bathonia. Bath city. 
 
 BANNAVENNA, Bannaventa, Bsnnaven- 
 ta. Northampton. 
 
 BANUS. The river Ban in Lincolnshire. 
 
 B ASENGA, Baainffum. Basing in Hamp- 
 shire. 
 
 BATERSEGA. Battersea in Surrey. 
 
 BEARROCSCIRA. Berkshire. 
 
 BEBBA. Bamburgh in Northampton- 
 shire. L. Lai. Did. 
 
 BEDEFORBIA, Bed/ordia. Bedford. 
 
 BELG^. Inhabitants of Somerset, Wilts 
 and Hantshire. 
 
 BELINUS SINUS. Belingsgate, Billings- 
 gate. 
 
 BELLELANDA. Biland in Yorkshire. 
 
 BELLO DESERTUM, Belloclivum, Bellus 
 locus. Beldesert or Beaudesert in War- 
 ■wickshire. 
 
 BERCEIA, Bercheria. Berkshire. 
 
 BERECHINGUM. Barking in Essex. 
 
 BERCLEA, Bercheleia. Berkley in Glou- 
 cesterhire. 
 
 BERMUNDI INSULA. Bermondsey in 
 Surrey. 
 
 BERWICUS. Berwick upon Tweed. 
 
 BEVERLEA. Beverley in Yorkshire. 
 
 BEVERLACENSIS. Of Beverley. 
 
 BIBROCASSI, Bibroci. The hundred of 
 Bray in Berkshire. 
 
 BIMONIUM, Binonium, Binovia, Bino- 
 vium, Vinovia. Binchester in the bish- 
 opric of Durham. 
 
 BLACAMORA. Part of the North Rid- 
 ing of Yorkshire. 
 
 BLANCOFORDA. Blandford in Dorset- 
 shire. 
 
 BLATUM BULGIUM. Bowness or Bul- 
 ness in Cumberland. 
 
 BLESTIUM. Old-Town in Hereford- 
 shire. 
 
 BOCCINUM. Buckingham. 
 
 BODOTRLA.. Edinburgh Firth. 
 
 BOLERIUM. Land's End. 
 
CJSS 
 
 ( 639) 
 
 CAT 
 
 BORCOVICUM, Borcovicus, Borovieum. 
 Berwick upon Tweed. 
 
 BOTELEGA. Boteley near Oxford. 
 
 BOVIUM. Boverton in Brecknock- 
 shire. 
 
 BRABONIACUM. Brougham in West- 
 moreland. 
 
 BRACCHIUM. Burgh in Yorkshire. 
 
 BEACHILEGA. Brackley in Northamp- 
 tonshire. 
 
 BEANNODUNUM. Branohester in Nor- 
 folk. 
 
 'SKKROyiUM...Brannovium,Branoricu'm,, 
 Bravinum, Branconium. The city of 
 Worcester. 
 
 BRECHINIA. Brecknock city. 
 
 BREMENIUM. Rochester in Northum- 
 berland. 
 
 BREMENTONACUM. Overborough in 
 Lancashire. 
 
 BREMENTURACUM. Brampton in Cum- 
 berland. 
 
 Brentford in Mid- 
 
 BRENT^ VADUS. 
 dlesex. 
 
 BRIGANTES. Inhabitants of Yorkshire, 
 Lancashire, Durham, Westmoreland and 
 Cumberland. 
 
 BRIGANTIUM. York city. 
 
 BRIGE, Brage. Broughton in Hampshire. 
 
 BRISTOLIA, Bristowa. The city of 
 Bristol. 
 
 BROCAVUM, Brocave, Broconiacum, Bro- 
 vonacis, Brovonacum. Brougham in 
 Westmoreland. 
 
 BUCOSTENUM. Buxton in Derbyshire. 
 
 BUDEFORDA. Bedford. 
 
 BULLJ3UM SILTJRUM. , Buelth in 
 Brecknockshire. 
 
 BURRIUM. Usk in Monmouthshire. 
 
 C. 
 
 CACARIA, Calcaria, Calatum. Tadcaster 
 in Yorkshire. 
 
 CAER PERIS. Port-chester. 
 
 CAER SEVERUS. Sarisbury, Sandon. 
 
 C^SAREA. The isle of Jersey. 
 
 Burgsted and Brent- 
 
 C^SARO-MAGUS. 
 wood in Essex. 
 
 CALACUM, Calagum. Overborough in 
 Lancashire, Whealp Castle in Cumber- 
 land. 
 
 CALATERIUM NEMUS. The forest of 
 Galtres in Yorkshire. 
 
 CALEDONIA. Scotland. 
 
 CALEDONIUS OCEANUS. The Scot- 
 tish sea. 
 
 CALEVA, Calena. Wallingford in Berk- 
 shire. 
 
 CALNA. Calne in Wiltshire. 
 
 CALONIA. Coldingham in Scotland. 
 
 CAMBORICUM, Camboritum. Cam- 
 bridge. 
 
 CAMBRIA. Wales. 
 
 CAMOLODUNUM, Camoludunum, Ca- 
 ' mulodunum, Camudolanum. Maiden in 
 Essex. 
 
 CANDALIA. Kendal in Westmoreland, 
 
 CANTABRIGIA. Cambridgeshire. 
 
 OANTIUM, Kantium^ Kancium, Kanda. 
 Kent. 
 
 CANTUARIA. Canterbury. 
 
 CANTUARIENSIS. Of Canterbury. 
 
 CARLEOLUM. Carlisle in Cumberland. 
 
 CARENIL Inhabitants of Cathness in 
 Scotland, according to Camden. 
 
 CASSI, Cassii. The hundred of Cay- 
 show in Hertfordshire. 
 
 CASSITERIDES. The isles of Scilly. 
 
 CASSIVELAUNI OPPIDUM. The old 
 
 city of Verulam. 
 
 CASTRA ALATA, Castrum Alatum, 
 Castrum Puellarum. Edinburgh in 
 Scotland. 
 
 CASTRA EXPLORATORUM. 
 on the Sands in Cumberland. 
 
 CASTRUM DE VIES, CASTRODU- 
 NUM. Devizes in Wiltshire. 
 
 CASTRUM LODANUM. 
 L. Lai. Bid. 
 
 CATARACTA. 
 mondshire. 
 
 CATUELLANI, Cattidudani, Caihri- 
 dudani, Cattieuchlani. The inhabitants 
 
 Burgh 
 :iODU- 
 Leeds in Kent. 
 The river Swale in Rich- 
 
CON 
 
 ( 640) 
 
 DAN 
 
 of Buckingham, Bedford and Hertford- 
 shires. 
 
 CAVJJ DIR^. Holderness in Yorkshire. 
 
 CAYODA. Cawood in Yorkshire. 
 
 CERDICI VADUM. Chardford in Hant- 
 shire. 
 
 CERETICA. Cardiganshire. 
 
 CEROTI INSULA, Certesia. Chertseyin 
 Surrey. 
 
 CERVI INSULA. Hartle-Pool in Dur- 
 ham. 
 
 CESTRIA, Cheslria, Chestrum. Chester 
 
 city. 
 CHINEGLISSI CASTRUM. Kenilworth 
 
 ■castle. 
 
 CHEVA. Kew in Surrey. 
 
 CICEASTRIA, Cicestria. Chichester in 
 
 Sussex. 
 
 CIRENCESTRIA. Circester or Cirences- 
 ter in Gloucestershire. 
 
 CLAMOVENTA, Clanoventa. Wentsbeck. 
 L. Lat. Diet. 
 
 CLARA-FONTANUS, Olarusfons. Sher- 
 burne in Dorsetshire. ' 
 
 CLAUDIA, Glaudiocestria, Clevum, Gle- 
 vum. Gloucester city. 
 
 CLAUSENTUM. Southampton. 
 
 COCCIUM. Ribchester in Lancashire. 
 
 COLONIA, Coludi, Ooldania, Colding- 
 
 ham in Scotland. 
 COLCESTRIA, Cokceasiria. Colchester 
 
 in Essex. 
 COLNIUS. Colne River in Middlesex. 
 
 L. Lat. Diet. 
 COLONIA VICTRICENSIS. Maiden in 
 
 Essex. 
 COLUNUM. Colnbrook in Middlesex. 
 COMBRETONIUM, Combretovium. Bret- 
 
 tenham in Suffolk. 
 
 CONACTA. Connaught province in Ire- 
 land. L. Lat. Diet. 
 
 CONCANGIUM. The barony of Ken- 
 dale. 
 CONDATE. Congleton in Cheshire. 
 
 CONDERCUM. Chester-le-street in the 
 
 county of Durhaip; 
 CONONIUM. Chelmsford in Essex. 
 
 CONOVIUS. The river Conway that 
 divides Caernarvonshire from Denbigh- 
 shire. 
 
 CONVENNON, Convennos Insula. Con- 
 vey island at the mouth of the Thames. 
 
 CONVENTRIA, Coventria. Coventry 
 city in Warwickshire. Beg. Orig. 1 32 b. 
 
 CORIA, Curia. Corebridge in Northum- 
 berland. 
 CORINIA. Cornwall. 
 
 CORINIUM. Cirencester in Gloucester- 
 shire, according to Camden. 
 
 CORITANI, Coritavi. Inhabitants of Lin- 
 colnshire, Leicestershire, Rutland, Der- 
 by and Nottinghamshire. 
 
 CORNAVII, Comabii. Inhabitants of 
 Shropshire, Cheshire, and the adjacent 
 districts. 
 
 CORNUBIA. Cornwall. Bract, fol. 
 407. 
 
 CORNUTUM MONASTERIUM. Horn- 
 church in Essex. 
 
 CORSTOPILUM, Corstopitum, Curia. 
 Corebridge upon Tyne, according to 
 Talbot. Morpeth in Northumberland, 
 according to Camden. 
 
 COTTESWOLDIA. Cotswold in Glou- 
 cestershire. 
 
 COVI BERCHILEGA. Coberley in 
 Gloucestershire. 
 
 CRECOLADA, Grcecolada. Creeklade or 
 Cricklade in Wiltshire. 
 
 CRIDEA. Crediton or Curton in Devon- 
 shire. 
 
 CROCOCALANA, Crocolana. Ancaster 
 in Lincolnshire. 
 
 CROYLANDIA, Crowlandia, Crulandta. 
 Crowland in Lincolnshire. 
 
 CUMBRIA, Cumberlandia. Cumberland. 
 
 Reg. Orig. 206 b, 207. 
 CUNETIO. Marlborough in Wiltshire. 
 
 Kenet River in Wiltshire. 
 
 D. 
 
 DAMNONII, Dumnonii. Inhabitants of 
 Devonshire and Cornwall. 
 
 DANICA SYLVA. Andredswald Forest 
 in Sdssex. The forest of Dean in Glou- 
 cestershire. 
 
DOR 
 
 DAMNONIORUM PROMONTORIUM. 
 The Lizard in Cornwall. 
 
 DANUBI^. The forest of Dean in 
 Gloucestershire. 
 
 DANUM. Doncaster in Yorkshire. 
 
 DANUS. The river Dane in Lincoln- 
 shire. The Dan or Daven in Cheshire. 
 The Don in Yorkshire. 
 
 DARBIA, Berbia. Derby. 
 
 DARBIENSI8 COMITATITS. Derby- 
 shire. 
 
 DARVENTIA, Derventio. The river Der- 
 went in Derbyshire. 
 
 DARVERNUM. Rochester in Kent. 
 
 DE ALTO PECCO. High Peak; the 
 Castle of the Peak in Derbyshire. 
 
 DEA, Diva. The river Dee in Scotland. 
 L. Lat. Diet. 
 
 DEI LOCUM. Godstow in Oxfordshire. 
 
 DEIDONUM, Taodunum. Dundee. L. 
 Lat. Diet. 
 
 DEIRA SYLVA, Deirosyha. Deirhurst 
 in Gloucestershire. 
 
 DELA. Deal in Kent. 
 
 DELGOVITIA. Godmanham in York- 
 shire. 
 
 DEMET^, Dimeeice. Inhabitants of 
 West Wales. 
 
 DEMETIA. West Wales. 
 
 DENBIGHIA. Denbigh in Denbighshire. 
 
 DERBIA. Derbyshire. Beg. Orig. 101 b. 
 
 DERENTIVADUM. Dertford in Kent. 
 
 DERWENTIO, Derventio. Auldby upon 
 Derwent in Yorkshire. The river Der- 
 ■ffent. 
 
 DEVA. The river Dee in Cheshire. 
 
 DEVAFA URBS, Deva. Chester 
 
 Westchester. 
 
 DEVONIA. Devonshire. Reg. Orig. 63 
 DIVILINA. Dublin. L. Lat. Diet. 
 DIVISJE, Divisio. Devizes in Wiltshire, 
 
 ( 641 ) EDM 
 
 Doris, Dubris. Dover in 
 
 or 
 
 DORCESTRIA, Dorkeestria, Dorkecestria, 
 Dormetta. Dorchester City in Dorset- 
 shire. Reg. Orig. 179 b. 
 
 DORCINIA CIVITAS, Durocastrum. 
 Dorchester in Oxfordshire. 
 Vol. IL 41 
 
 DORFRIS, 
 Kent. 
 
 DOROBERNIA, Dorovemum, Dufover- 
 
 num. Canterbury in Kent. 
 DORSETANIA, Dorsettia, Duria Provin- 
 
 cia. Dorsetshire. L. Lat. Diet. 
 
 DORTJS. The river Dor in Hertfordshire. 
 
 DOVERIA, Dovoria, Dovorria. Dover in 
 Kent. L. Lat. Diet. Reg. Orig. 193 b. 
 
 DUBLINIA, Dublinium. Dublin. 
 
 DUNELMENSI8 COMITATUS. The 
 county of Durham. 
 
 DUNELMIA, Dunelmum, Dunelmus, 
 Dunholmus, Dunolmum. Durham city. 
 
 DTJNUM, Dunus Sinus. Dunsbey near 
 Whitby in Yorkshire. 
 
 DUNVICUS, Felieis Oppidum. Flix- 
 ton in Suffolk, 
 
 DURIA PROVINCIA. Dorsetshire. 
 
 DURNOVARIA, Durvonovaria. Dor- 
 chester in Dorsetshire. 
 
 DUROBREVIS, Durobrevum, Dorobre- 
 vum, Durobrovce, Duroprovis. Roches- 
 ter city in Kent. L. Lat. Diet. 
 
 DUROCOBRIVJE. Redburn in Hert- 
 fordshire. 
 
 i 
 
 DUROLENUM, Durolevum. Lenham in 
 Kent. 
 
 DUROLIPONS. Gormanchester in Hunt- 
 ingdonshire. 
 
 DUROUTUM. Layton in Essex. 
 
 DUR0TRIGE8. Inhabitants of Dorset- 
 shire, and the adjacent districts. 
 
 DUROVERNUM. Canterbury in Kent. 
 L.. Lat. Diet, 
 
 E. 
 
 EAST-SEXENA, Essexia. Essex. 
 
 EBLANA. Dublin. L. Lat. Diet. 
 
 EBODIA. The isle of Alderney. 
 
 EBORACUM, Muracum. York city. 
 
 EBORUM. York. Bract, fol. 40t Rgg 
 Orig. 61 b. 
 
 EBUDA. The island of Skye. L. Lat. 
 Diet. 
 
 EDMUNDI BURGUS. Bury St. Ed- 
 monds in Suffolk. 
 
FAW 
 
 (642) 
 
 GES 
 
 EILECURIUM VALLIS. Aylesbury vale 
 in Buckinghamshire. 
 
 EILIMENON GABRONTONICORUM. 
 Sowerby in Yorkshire. 
 
 ELIENSIS INSULA. The isle of Ely. 
 
 ELLANDUNUM. The old name of Wil- 
 ton in Wiltshire. 
 
 ELTESHAMUM. Eltham in Kent. 
 
 EMINENTIOE. Easton-ness in Suffolk. 
 
 EOVESUM, Hvestamum. Evesham or 
 Evesholm in Worcestershire. 
 
 EPEIACUM, Epiacum. Pap-Gastle in 
 Cumberland. 
 
 EPIDITJM. Cantire in Scotland. 
 
 ETOCETUM. Uttoxeter in Staffordshire, 
 according to Camden. 
 
 ETJBONIA. The Isle of Man. 
 
 EVONIUM. Dunstaff^e in Scotland. L. 
 Lat. Diet. 
 
 EXA. The river Exe in Devonshire. 
 
 EXONIA. Exeter city in Devonshire. 
 
 EXPLORATORUM CASTRA. Burgh- 
 upon-Sands in Cumberland. 
 
 F. 
 
 FALA. The river Vale in Cornwall. 
 
 FALENSIS POETUS. Falmouth in 
 Cornwall. 
 
 FANUM SANCTt ALBANI. St. Albans 
 in Hertfordshire. 
 
 FANUM SANCTI ILTUTI. St. Lantwit 
 in Glamorganshire. 
 
 FANUM IVONIS PERSA, Persice. St. 
 Ives in Huntingtonshire. 
 
 FANUM LEONIS. Leominster in Here- 
 fordshire. 
 
 FANUM NEOTL St. Neots in Hunting- 
 tonshire. 
 
 FANUM REGULL St. Andrews in Scot- 
 land. 
 
 FANUM SANCTI STEPHANL Kirkby 
 Stephen in Westmoreland. 
 
 FAUSTINI VILLA. Bury St. Edmonds 
 in Suffolk. 
 
 FAWENSES. Inhabitants of Foy or Fo- 
 wey in Cornwall. 
 
 FIBRILEGA, Fihrolega. Beverley m 
 Yorkshire. 
 
 FLINTIA. FlinWown. 
 
 FONS AMNENSIS. Amwell in Hert- 
 fordshire. L. Lat. Diet. 
 
 FONS BRIDGID^. Bride-well in Lon- 
 don. 
 
 FONS CLARUS. Sherborne in Dorset- 
 shire. 
 
 FONTANENSIS ECCLESIA. Wells in 
 Somersetshire. 
 
 FRETUM BRITANNICUM, Fretum Gal- 
 licum, Fretum Morinorum. The Straits 
 of Dover or Calais. 
 
 GABRANTONICORUM, Gabrantovico- 
 rum, Salutaris Partus, Portuosus Si- 
 nus. Sowerby in Yorkshire. 
 
 GABROCENTUM, Oahrosentum. Gates- 
 head in Durham. 
 
 GADENL Inhabitants of Roxburgh, Sel- 
 kirk, Peebles, and Lanarkshires in Scot- 
 land. 
 
 GADIVA. Aberfraw in Anglesey. 
 
 GALAVA, Gallava. Walwick in North- 
 umberland. 
 
 GALLATUM, Gallagum. Whealp or 
 Whealop Castle in Cumberland. 
 
 GALLENA, Galleva. Wallingford in Berk- 
 shire. 
 
 GALWEIA, Gaelwallia, Gallovidia. Gal- 
 loway in Scotlaiid. L. Lat. Did. 
 
 GANGANORUM PROMONTORIUM. 
 Lheyne in Caernarvonshire. 
 
 GARBANTORIGUM. Caerlaverock in 
 Scotland. Ti. Lat. Diet. 
 
 GARIONUM, Garonum. Yarmouth in 
 Norfolk. 
 
 GARRIENIS, Gargenus. The river Yare 
 in Norfolk. 
 
 GAUSENN^, Gausennis. Brig-Casterton 
 in Lincolnshire. 
 
 GELDEFORDA. Guildford in Surrey. 
 
 GENUMIA. North Wkles. 
 
 GESORIACUM. The strait between Eng- 
 land and the Isle of Wight. 
 
HAS 
 
 GIPPEWICUS, Gipwicus, (fippus. Ips- 
 wich in Suffolk. 2 Ld. Baym. 1239. 
 2 Salk. 434. Anciently called G-yp- 
 penswich. 
 
 GLAMORGANIA, Olamorgantia. Gla- 
 morganshire. 
 
 GLASCONIA, Glastonia, Glestonia. Glas- 
 tonbury in Somersetshire. 
 
 GLASCUA. Glasgow. L. Lat. Diet. 
 
 GLAVORNA, Olevum. Gloucester. 
 
 GLOCESTRIA, Oloucestria, Oloveceastria, 
 Olovernia. Gloucester. Reg. Orig. 
 268 b. 
 
 ( 643 ) ING 
 
 The island of Skye. L. Lat. 
 
 GLOTTA, 
 
 Scotland. 
 
 Glota. The river Clyde in 
 The isle of Arran. 
 
 GOBANIUM. Abergavenny in Mon- 
 mouthshire. 
 
 Goodrich Cas- 
 
 GODERICI CASTRUM. 
 tie in Herefordshire. 
 
 GRANT A. Cambridge, according to some. 
 
 GRAVESENDA, Greva. Gravesend in 
 Kent. Called Grevesham in Domesday 
 Book. 
 
 GRENOVICUS, Grenovkum, Greenwicum. 
 Greenwich in Kent. 
 
 GUAL^. Wales. 
 
 GUERFA. The river Wharf in York- 
 shire. 
 
 GULDONICUS CLIVUS. Guy-Cliff near 
 Warwick. 
 
 GUINETHIA. Wales. 
 
 GULDFORDA. Guildford in Surrey. 
 
 GUMICASTRUM, Gumicaster. Godman- 
 chester in Huntingtonshire. 
 
 GWALLIA. Wales. L. Lat. Diet. 
 
 H. 
 
 HABITANCUM. Risingham in North- 
 umberland. 
 
 HADRIANI MURUS. The Picts' Wall. 
 
 HAGULSTADUNUM. Hexham in 
 Northumberland. 
 
 HAMPTUNA. 
 
 shire. 
 
 HANTONIA. Hantshire, or Hampshire. 
 HAREFORDIA. Hereford city. 
 HASTINGS. Hastings in Sussex. 
 
 Southampton in Hant- 
 
 Hithe in Kent. 
 Holland ; a 
 
 HEBUDA. 
 Diet. 
 
 HELENUM PROMONTORIUM. The 
 Land's End. 
 
 HELIENSE COJNOBIUM. Ely city in 
 Cambridgeshire. 
 
 HENLEGA. Henley-upon-Thames in Ox- 
 fordshire. 
 
 HEREFORDIA. Hereford city. 
 
 HERTFORDIA. Hertford. 
 
 HERTFORDLE COMITATUS. Hert- 
 fordshire. 
 
 HEY A. Hithe in Kent. Bract, fol. 118. 
 
 HIBERNIA. Ireland. Bract, fol. 395 b. 
 
 HINCHESEGA. Hinkesey near Ox- 
 ford. 
 
 HITHINUS PORTUS. 
 
 HOLLANDIA, Hoylandia. 
 part of Lincolnshire. 
 
 HOMELEA. The river Humble in Hant- 
 shire. 
 
 HROFI CIVITAS. Rochester in Kent. 
 
 HUMBRA. The river Humber in York- 
 shire. 
 
 HUNDESDENA, Eunsdona. Hunsdon 
 in Herefordshire. 
 
 HUNGREFORDA. Hungerford in Berk- 
 shire. 
 
 HUNTINGDONIA. Huntingdon or 
 Huntingdonshire. Beg. Orig. 105. 
 
 HUNTINGDONENSIS AGER. Hun- 
 tingdonshire. 
 
 HURSTELEGA. Hurstley in Hants. 
 
 HYDROPOLIS. Dorchester in Oxford- 
 shire. 
 
 ICCIUS (ITIUS) PORTUS. Calais in 
 France. 
 
 ICENL Inhabitants of Suffolk, Norfolk, 
 Cambridge, and Huntingtonshires. 
 
 ICIANI, Isianos. Ixworth in Suffolk. 
 
 ICTA. The Isk of Wight. 
 
 IDTJMANUM AESTUARIUM. The 
 river Blackwater in Essex. 
 
 INGIRVTJM. Yarrow in the county of 
 Durham, 
 
LAG 
 
 (644) 
 
 LIN 
 
 INSULA OVIUM. Sheppey Island in 
 Kent. L. Lat. Diet. 
 
 INSULA VEOTA, VecUs, Vectesis. The 
 Isle of Wight. lieff. Orig. 62. 
 
 INTERAMNA. Twinhambum in Dorset 
 shire. 
 
 ISACA, Isca. The river Exe in Devon- 
 shire, 
 
 ISANNAVANTIA, Isannavaria, Isanna- 
 vatia. Northampton town. L, Lat, 
 Diet. 
 
 ISCA. The river Est in Scotland. 
 
 ISCA DAMNONIOEUM. Exeter city. 
 
 ISCHALIS. Inelchester or Ilchester in 
 Somersetshire. 
 
 ISIDIS INSULA. Ouseney near Oxford. 
 
 ISIDIS VADUM. Ouseford or Oxford. 
 
 ISIS. The river Isis. The river Ouse. 
 
 ISURIA. Yorkshire. 
 
 ISURIUM. Aldborough in Yorkshire. 
 
 ITUNA. The river Eden in Westmore- 
 land and Cumberland. 
 
 ITUNNA. The river Eden or Solway 
 Frith, Scotland. 
 
 KANCIA. Kent. Fkta, lib. 5, c. 31, 
 §10. 
 
 KANUS. The river Ken in Westmore- 
 land. 
 
 KARLIOL. Carlisle. Mem. in Scacc. M. 
 9 Edw. L 
 
 KENETA. The river Kennet in Wilt- 
 shire. 
 
 KERESBURGA. Carishrook Castle in 
 the Isle of Wight. 
 
 KESTEVENA. Kesteven ; a part of Lin- 
 colnshire. 
 
 KINEBANTUM CASTRUM. Kimbol- 
 ton Castle in Huntingtonshire. 
 
 L.. 
 
 LACTODORUM, Lactodurum, Zactoro- 
 dum, Lactorudum. Lutterworth or 
 Loughborough in Leicestershire. Stony 
 Stratford in Buckinghamshire. 
 
 LAGECIUM, Legiolium. Castleford in 
 Yorkshire. 
 
 LAGENI A. Leinster province in Ireland. 
 L. Lat. Diet. 
 
 LAMITHA. Lambeth in Surrey. 
 
 LANCASTRIA. Lancaster; Lancashire. 
 
 LANDAVA. Llandafif in Wales. 
 
 LANGANUM PROMONTORIUM. 
 Lheyne promontory in Caernarvonshire. 
 
 LAUDENIA, Laudonia. Lothian in Scot- 
 land. L. Lat. Diet. 
 
 LAVATRES, Lavatris. Bowes upon 
 Stanmore in Richmondshire. L. Lat. 
 Diet. 
 
 LEGACESTRIA, Legecestria. Leicester. 
 
 LEICESTRIA, Leiceastria, Licestria. Lei- 
 cester. Leycestria, Leicestershire. Beg. 
 Orig. 196 b, 197. 
 
 LIMANIS PORTUS. Lime in Kent. L. 
 Lat. Diet. 
 
 LEOGORIA, Legoria. Leicester. 
 
 LEONENSE (LEOFENSE, LEOVENSE) 
 C^NOBIUM, Leonis Monasterium. 
 Leominster in Herefordshire. 
 
 LETHA. Leith in Scotland. 
 
 LEUCARUM. Loghor in South Wales. 
 
 LICHFELDIA. Litchfield. 
 
 LIDDENUS. The river Ledden in Here- 
 fordshire. 
 
 LIDEFORDA. Lidford in Devonshire. 
 
 LIMENU8. The river Rother in York- 
 shire. 
 
 LIMERICENSIS COMITATUS. Limer- 
 ick county in Ireland. L. Lat. Diet. 
 
 LIMODOMUS. Limehouse near Lon- 
 don. 
 
 LIMPIDA SYLVA. Sherwood Forest in 
 Nottinghamshire. 
 
 LINCOLNIA, Lindecolnia, Lindecollinum, 
 Lindecollina civitas. Lincoln city. Lin- 
 colnia; Lincolnshire. Braet. fol. 309. 
 Beg. Orig. 34, 65. 
 
 LINDESFARNA, Lindisfarnum. Holy 
 Island, or Farn-Isle, on the coast of 
 Northumberland. 
 
 LINDOCOLLINUM, fjindoeolina, Lindon, 
 Lindum. Lincoln city. 
 
 LINNUM (LINUM) Begis. Lynn in 
 Norfolk, King's Lynn. 
 
MAR 
 
 LOGII. Inhabitants of the east coast of 
 Sutherland and Caithness-shires in Scot- 
 land. 
 
 LOMEA. Good-win Sands. L. Lat. Diet. 
 LOMITHIS. Lambeth in Surrey. 
 
 LONDONENSE OPPIDUM, Lmdinia, 
 Londinium, Londinum, Londonia, Lutir 
 dinum, Lundonia, Lundonium,, Lon- 
 don. Beg. Orig. 24 b. 
 
 LONGASTEIA. Lancaster. 
 
 LUGUS. The river Lug in Herefordshire. 
 
 LUCOPIBIA, Luguhallia, Luguhallum, 
 Luguvallum. Carlisle city in Cumber- 
 land. 
 
 LYCHEFELDIA. 
 
 fordshire. 
 
 ( 645 ) MON 
 
 MARE SABRINL^NUM. The Severn 
 
 Lichfield city in Staf- 
 
 MADUS VAGNIAC^, Vagniacum. 
 Maidstone in Kent. 
 
 MAG^, Magi, 
 Radnor. 
 
 Magnce, Magnis. Old 
 
 MAGLO VA, Maglona. Maclenith in Mont- 
 gomeryshire. 
 
 MAGNA. Chester in the Wall, near Halt- 
 whistle in Northumberland. 
 
 MAGNITUM, Magionimum, Mdgovinium, 
 Magiovintum. Dunsta^ble in Bedford- 
 shire. 
 
 MAGNUS PORTUS. Portsmouth in 
 Hampshire. 
 
 MAIDULPHI CURIA, MaidulpU Urhs, 
 Maldunense monasterium, Malmeaburi- 
 um. Malmesbury in Wiltshire. 
 
 MALA PLATEA. Ilstreet in Cheshire. 
 
 MALVERNIA, Malvemum. Malvern in 
 Worcestershire. 
 
 MALUS PASSUS. Malpas in Cheshire. 
 
 MAMMUCIUM, Mancunium. Manches- 
 ter in Lancashire. 
 
 MANDUESSEDUM. Manfchester in War- 
 wickshire. 
 
 MANNIA. The Isle of Man. 
 
 MANNENSES. Inhabitants of the Isle of 
 Man. 
 
 MANUCIUM. Manchester in Lancaster. 
 
 MARCHIDUNUM. Roxburgh in Scot- 
 land. L. Lat. Diet. 
 
 MAREDUNUM. Caermarthen town. 
 
 MARLEBRIGIA. Marlborough in Wilt- 
 shire. 
 
 MASS AMENSIS PONS. Masham Bridge 
 in Yorkshire. 
 
 MAUDITI CASTRUM. St. Mawe's Cas- 
 tle in Cornwall. 
 
 MEALDUNUM. Maldon in Essex. 
 
 MEDEGUAIA. The river Medway in _ 
 
 Kent. 
 MEDENA. New Port in the Isle of 
 
 Wight. 
 MEDEWEIA, Medewaia, Medweia. The 
 
 river Medway in Kent. Mag. Cart. 1 
 
 Hen. IIL c. 26. Id. A. D. 1217, c. 29. 
 
 Id. 9 ffen. IIL c. 23. 
 
 MEDIA, Midia. Meath county in Ireland. 
 
 MEDIOLANIUM. Middleham in York- 
 shire. 
 MEDVAGA. The river Medway in Kent. 
 MELDUNUM. Malmesbury in Wiltshire. 
 
 MENAVIA, Menavia Seeunda, The Isle 
 of Man. 
 
 MENEVIA. St. David's in Wales. 
 
 MERIONITHIA, Mervinia. Merioneth- 
 shire. 
 MERLEBRIGIA. Marlborough. 
 MERSIA. The river Mersey in Cheshire. 
 
 METARIS ^STUARIUM. The Washes 
 in Norfolk. 
 
 MEVANIA. The Isle of Man. 
 
 MIDDLESEXIA. Middlesex. Beg. Orig. 
 
 261. 
 MOLIS. The river Mole in Surrey. 
 MOMONIA. Munster in Ireland. 
 MONA. The Isle of Anglesey. 
 
 MONA ULTERIOR. The Isle of Man. L. 
 Lat. Diet. 
 
 MONABIA, Monoeda. The Isle of Man. 
 
 MONASTERIUM DE BELLO. Battle 
 Abbey in Sussex. 
 
 MONASTERIUM DE MELSA. Meaux 
 Abbey in Yorkshire. 
 
 MONMUTHIA, Monumeiha, Mmumu- 
 thia. Monmouth in Wales. 
 
NOV 
 
 (646) 
 
 PEN 
 
 MONOCHAPOLIS, MonarchapoUs. New- 
 castle-on-Tine. 
 
 MONS ACUTUS. Montacute in Somer- 
 setshire. 
 
 MONS DIVES. Eichmond in Surrey. 
 
 MONS GOMERICTJS, Montgomeria. 
 Montgomery in Wales. 
 
 MONS ROS ARUM. Montrose in Scotland. 
 
 MORAVIA. Moray in Scotland. 
 
 MORBIUM. Morsby in Cumberland. 
 
 •MORIDUNTM. Bidunum. Seaton in 
 Devonshire. 
 
 MORTUUS LACUS. Mortlake in Suney. 
 
 MURIMINTUM, Murivindum. Silcester 
 in Hampshire. 
 
 ]¥. 
 
 NAIJTICUS SINUS. Reatherhithe or 
 Rotherhithe. Called Redriff. 
 
 NAVESBIA. Naseby in Northampton- 
 shire. 
 
 NEOMAGUS, Noviomagus. Croydon in 
 Surrey. L. Lat. Diet. 
 
 NEOPORTUS. Newport. 
 
 NEOPORTUS PAGANELLICUS. New- 
 port Pagnel in Buckinghamshire. 
 
 NIDUM, Nidus. Neath in Glamorganshire. 
 
 NIGERIA. Blackney in Norfolk. 
 
 NIVICOLLINI. Snowdon Hills in Caer- 
 narvonshire. 
 
 NORDHUMBRIA. Northumberland, 
 
 NORDOVICUM. Norwich city. 
 
 NORDOVOLCA, Norfolda. Norfolk. 
 
 NORTHANIMBRIA. Northumberland. 
 
 NORTHANTONIA. Northampton. 
 
 NORTHIMBRIA, Northumhria. North- 
 umberland. 
 
 NORTHWICUM. Norwich. Bract, fol. 
 387. 
 
 NORWICUM. Norwich. Beg. Orig. 118. 
 
 NOTTINGHAMIA. Nottingham, Not- 
 tinghainshire. 
 
 NOVANTII. Inhabitants of Galloway in 
 Scotland. 
 
 NOVANTDM PROMONTORIUM. The 
 Mull of Galloway. L. Lat, Diet. 
 
 NOVIODUNUM. Newenden in Kent. 
 
 NOVIUS. Conway. 
 
 NOVUM CASTELLUM. Newcastle in 
 Northumberland. 
 
 NOVUM CASTRUM SUPER TINAM. 
 Newcastle-upon-Tyne. Mem. in Seace. 
 H. 18 Edw. I. 
 
 NOVUM FORUM, Novum Mercatum. 
 Newmarket in Suffolk. 
 
 NOVUS BURGUS. New Port in the 
 Isle of Wight. 
 
 NOVUS PORTUS. New Port. 
 
 NUBIRIA. Newbury in Berkshire. 
 
 O. 
 
 OOCELLUM PROMONTORIUM. Kel- 
 nesy in Yorkshire. 
 
 OCCIDUA W4.LLIA. Cornwall. 
 
 OCEANUS VERGIVIUS. The Vergi- 
 vian or Western Ocean. 
 
 OCRINUM PROMONTORIUM. The 
 Lizard point in Cornwall. 
 
 OCTOPITARUM PROMONTORIUM. 
 St. David's Head in Pembrokeshire, 
 Wales. 
 
 OLICANA. Halifax in Yorkshire. 
 
 ORDOVICES, Ordevices. Inhabitants of 
 North Wales, bordering on England. 
 
 ORESTII. Inhabitants of Argyle and 
 Perth in Scotland. 
 
 ORUS. The river Ore in Suffolk. 
 
 OSCA. The river Usk in Wales. 
 
 OTTADENI, Ottadini. Inhabitants of the 
 east coast of Northumberland and the 
 adjacent coast of Scotland. 
 
 OUSA. The river Ouse in Yorkshire. 
 
 OVINIA INSULA. Tie isle of Sheppey 
 in Kent. 
 
 OXENFORDIA, Oxonia. Oxford city. 
 
 P. 
 
 PARATHALASSIA. Walsingham in 
 Norfolk. 
 
 PEGELANDIA. Peckirk near Crowland. 
 
 PENBROCHIA. Pembroke in Wales. 
 
 PENDINAS. Pendennys castle in Corn- 
 wall. 
 
REG 
 
 PENGUERNUM. Shrewsbury town. 
 
 PENNORINtJM. Penryn in Cornwall. 
 
 PERSCORA, Fersora. Pershore in Wor- 
 cestershire. 
 
 PETRIBURGUS, Petropolis. Peterbo- 
 rough city in Northamptonshire. 
 
 PETUARIA, Petuaria Parisiorum. Bev- 
 erley in Yorkshire. 
 
 PEVEiSTSEA. Pevensy in Sussex. 
 
 PLINLIMONIA. Plinlimmon in Wales. 
 
 PONS BURGENSIS. Borough-Bridge in 
 Yorkshire. 
 
 Ponteland in Northumber- 
 
 (647) SAB 
 
 SYLVA. Ringwood in Hamp- 
 
 PONS ^LII 
 land. 
 
 Coln- 
 
 PONTES. Reading in Berkshire, 
 brook in Buckinghamshire. 
 
 PORTESMUTHA. Portsmouth in Hamp- 
 shire. 
 
 PORTLANDIA, Portuna Insula. 
 land isle. 
 
 Port^ 
 
 PORTUS MAGNUS, 
 Portsmouth. 
 
 PORTUS SALUTIS. 
 land. 
 
 Partus Ostium. 
 
 Cromarty in Scot- 
 
 Warwick town. 
 Patrington in 
 
 York- 
 
 PR^SIDIUM. 
 
 PR^TORIUM. 
 shire. 
 
 PROCOLltiA, Protolitia. Prudhow or 
 Prodhow castle in Northumberland. 
 
 PROFUNDUM VADUM. Deptford. . 
 
 PUTENEGA. Putney in Surrey. 
 
 R. 
 
 RAGANEIA. Raleigh in Essex. 
 
 RAT^. Leicester. 
 
 RATOSTATIBIUS, BhatostatiUus. The 
 river Taff in Glamorganshire. L. Lat. 
 Diet. 
 
 REGIODUNUM HULLINUM. Kings- 
 ton-upon-HuU in Yorkshire. 
 
 REGIODUNUM THAMESINUM. Kings- 
 ton-upon-Thaines in Surrey. 
 
 REGIS BURGUS. Queenborough in 
 Kent. 
 
 REGNI. Inhabitants of Surrey, Sussex 
 and the seacoasts of Hampshire. 
 
 REGNI 
 
 shire. 
 
 REGULBIUM. Reculver in Kent. 
 
 REPANDUNUM. Repton in Derbyshire. 
 
 RHEDtrS. The river Read in Northum- 
 berland. 
 
 RHEMNIUS. The river Remney in Gla- 
 morganshire. 
 
 RHIBELLUS. The river Ribble in Lan- 
 cashire. 
 
 RHOBOGDIUM PROMONTORIUM. 
 Fair Foreland in Ireland. 
 
 RHUTUBI PORTUS, Rituhi Partus, 
 Rhutupioe statio, JRhitupis partus, Ru- 
 tupis partus. Reptacester, Ruptimuth, 
 Richberg, now Richborough near Sand- 
 wich in Kent. 
 
 RIBODUNUM, Rigadunum. Ribchester 
 in Lancashire. 
 
 RICHMONDIA, Richmundia. Richmond 
 in Yorkshire and in Surrey. 
 
 RIPADIUM. Ripton in Derbyshire. 
 
 RIPODUM. Rippon in Yorkshire. 
 
 ROB*ERTINUS PONS. Rotherbridge in 
 
 ROFFA, Roibis. Rochester city in Kent. 
 
 ROISI^ OPPIDUM. Royston in Cam- 
 bridgeshire. 
 
 ROTHESIA. Rothsay in Scotland. L. 
 Lat. Diet. 
 
 RUBER CLIVUS. Redcliff or Ratcliff 
 near London. 
 
 RUGNITUNIA, Ruitonia, Rutunia. Riton 
 upon Dunsmore in Warwickshire. 
 
 RUPISAUREA. Goldcliflf in Monmouth- 
 shire. 
 
 RUTHUNIA. Ruthin in Denbighshire. 
 
 RUTLANDIA. Rutlandshire. 
 
 RUTUNIUM. Rowton in Shropshire. 
 
 RTJTUPI^. Richborough near Sandwich 
 in Kent. 
 
 RUTUPIRUM LITTUS. 
 in Kent. 
 
 The Foreland 
 
 S. 
 SABAUDIA. The Savoy in London. 
 SABRIANA, Sahrina. The river Severn 
 
SIL 
 
 (648) 
 
 SUF 
 
 SABULOVieUM. Sandwicli in Kent. 
 
 SAC ANA, Sena, Senus, Siambis, Sineiis, 
 Socinos. The river Shannon in Ireland. 
 L. Lat. Diet. 
 
 SACRA INSULA. Holy Island. 
 
 SACRA SYLVA, Sacro hosco. Halifax 
 in Yorkshire. 
 
 SALENJE, Salinw. Saludy in Bedford- 
 shire. 
 
 SALESBURIA, Salishuria, Saresberria, 
 Sarisburia. Salisbury city in Wilt- 
 shire. 
 
 SALOPESBIRIA, Salopia. Shre-wsbury. 
 
 SALOPIJe' COMITATUS. Shropshire. 
 
 SALTRIA. Sawtrey in Huntingdonshire. 
 
 SALTUS ANDRED. Weald of Kent. 
 Z. Lat. Diet. 
 
 SANDICUM, Sandovicus, Santdcum. 
 Sandwich in Kent. Sandwyz. Bract. 
 fol. 118. 
 
 SARNA. Gamesey or Guernsey island. 
 
 SAVERNA. The river Severn. 
 
 SCEPTONIA. Shaftesbury in Dorset- 
 shire. 
 
 SCHELSEGA. Chelsea near London. 
 
 SCHIRBURNIA. Sherburn in Dorset- 
 shire. 
 
 SCON A. Scone in Scotland. 
 
 SCORBERIA, Scorbesberia. Shrewsbury 
 town. 
 
 SECANDUNUM. Seckington in War- 
 wickshire. 
 
 SEGEDUNUM. Seghill or Sighill in 
 Northumberland. 
 
 SEGELOCUM, Segelogum. Ollerton in 
 Nottinghamshire. Agle in Lincolnshire. 
 
 SEGONTIUM. Caer-sejont near Caernar- 
 von town. 
 
 SEGUNTIUM. Silchester in Hampshire. 
 
 SEOLESI^. Seolsey or Selsey in Sussex. 
 
 SETANTIORUM PALUS. Winander- 
 mere in Lancashire. 
 
 SETEIA JESTXJARIUM. Dee mouth. 
 
 SEVERIA. Salisbury city. 
 
 SHBNTJM. Shene or Richmond in Surrey. 
 
 SILURES. Inhabitants of that part of 
 
 South Wales bordering on England, and 
 of those parts of England between South 
 Wales and the Severn. 
 
 SINNODUNUM. Sinodnn Hill near 
 Wallingford in Berkshire. 
 
 SIM0MAGU8, Sinomagus, Sitomagus. 
 Thetford in Norfolk. 
 
 SLEPA. The old name of St. Ives in 
 Huntingtonshire. 
 
 SNAWDONIA. Snowdon Forest in Caer- 
 narvonshire. 
 
 SOMARIDUNUM. Somerton in Lincoln- 
 shire. 
 
 SOMERSATA, Sormrseta, Somersetania, 
 Somersetensis comitatus, Somertunen- 
 sis comitatus. Somersetshire. L. Lat. 
 Diet. 
 
 SORBIODUNUM, Sorviodunum, Soruro- 
 dunum. Old Salisbury or Old Sarum. 
 
 SOUTHAMPTONIA. Southampton. 
 
 SOUTHERIA, Southrima, Soulhria. Sur- 
 rey. 
 SOUTHSEXENA, Souihsexia. Sussex. 
 
 SPEA. The river Spey in Scotland. L. 
 Lat. Diet. 
 
 SPINARUM INSULA. Thorny Isle, the 
 old name of Westminster. 
 
 SPINJ5, Spirice. Newbury in Berkshire, 
 and Spine near Newbury. 
 
 STAFFORDIA. Stafford; Staffordshire. 
 
 STANFORDIA. Stanford in Lincoln- 
 shire. 
 
 STENUM. Stene in Northamptonshire. 
 
 STOURUS, Sturus. The river Stour in 
 Kent, in Dorsetshire, in Suffolk, and in 
 Derbyshire. 
 
 STRIGULIA. Chepstow in Monmouth- 
 shire. 
 
 STRIVILLINA. Stirling in Scotland. 
 
 STURODUNUM. Stourton and Stour- 
 minster in Dorsetshire. 
 
 SUALVA, Swala. The river Swale in 
 Yorkshire. 
 
 SUDOVERCA, Sudovolca. Southwarkin 
 
 Surrey. 
 SUDRIA, Sudurheia, Surria, Suthria, 
 
 Suthriona. Surrey. L. Lat. Diet. 
 
 SUFFOLCIA, SufoUcia. Suffolk. 
 
TOL 
 
 T. 
 
 ( 6-49 ) 
 
 TAG 
 
 TAFFUS. The river TafFin Glamorgan- 
 shire. 
 
 TAMA. The river Thame in Oxfordshire, 
 and in Staffordshire. 
 
 TAMA. Tame in Oxfordshire. 
 
 TAMARA, Tamarus, Tamhra, The river 
 Tamer in Cornwall. 
 
 TAMAWORDINA, Tamworthia. Tarn- 
 worth in Staffordshire. 
 
 TAMISIA, Thamisia. The river Thames. 
 Maff. Cart. 9 Hen. III. c. 23. 
 
 TAMISIS, Tamesis, Thamesis. The river 
 Thames. 
 
 TAVA. The river Tay in Scotland. 
 
 TAVISTOKIA. Tavistock in Devonshire. 
 
 TEDFORDIA, Theodfordum. Thetford 
 in Norfolk. 
 
 TERENTUS. The river Trent. 
 
 TESA, Teesa, Teisa, Tesis, Teesis, Teisis. 
 The river Tees in the county of Dur- 
 ham. L. Lat. Diet. 
 
 TETOCURIA. Tetbury in Gloucester- 
 shire. 
 
 THAMESIS. The river Thames. 
 
 THANATON, Thanatos insula. The isle 
 of Thanet in Kent. 
 
 THEOCI CURIA, Tkeokesberia. Tewkes- 
 bury in Gloucestershire. 
 
 THEODORUNUM. Wells in Somerset- 
 shire. 
 
 THERMS. The city of Bath. 
 
 THONODUNUM. Taunton in Somerset- 
 shire. 
 
 THORNEGA, Thornege, Thomeye. The 
 old name of Westminster. 
 
 THORNEIA. Thorney in Cambridge- 
 shire. 
 
 TINA, Tinna. The river Tine in North- 
 umberland. 
 
 TINDOLANA. Winchester in the wall. 
 
 TINEMUTHA. . Tinemouth in Northum- 
 berland. 
 
 TINTAGIUM. Tintagel in Cornwall. 
 
 TOLIAPIS, Toliatis. The isle of Shep- 
 pey in Kent. 
 
 TORCESTRIA. Towcester in Northamp- 
 tonshire. 
 TOTONESIUM. Totness in Devonshire, 
 TREHENTA. The river Trent. 
 
 TRENOVANTUM, Trinovantum, Trino^ 
 bantum, London, called Troy Novant, 
 
 TRENTA. The river Trent. 
 
 TRINOBANTES, Trinovantes, Trino- 
 anies. Inhabitants of Middlesex and 
 
 Essex. 
 
 TRIPONTIUM. Towcester in Northamp- 
 tonshire. 
 
 TRISANTON, Trisantonis partus. South- 
 ampton. 
 
 TUESIS. Berwick-upon-Tweed. 
 
 TUNNOCELLUM, Tunocellum. Tine- 
 mouth in Northumberland. 
 
 U. 
 
 TJBBANFORDA. Norham in Northum- 
 berland. L. Lat. Diet. 
 
 ULCARIJS. The isle of Oleron in France. 
 L. Lat. Diet. 
 
 TJLIDIA, Ultonia. Ulster in Ireland. 
 L. Lat. Diet. 
 
 ULMETUM. Elmsley in Yorkshire. 
 
 UMBER. The river Humber in York- 
 shire. 
 
 URICONIUM. Wroxeter in Shropshire. 
 L. Lat. Diet. 
 
 URIVALLIS. Jorval in Yorkshire. 
 
 UROVICUM. York city. L. Lat. Did. 
 
 USOCONNA. Okenyate in Shropshire. 
 
 UXANTISSENA, The isle of Ushant. 
 L. Lat. Diet. 
 
 UXINUS PONS. _ Uxbridge in Middle- 
 sex. L. Lat. Diet. 
 
 VADUM RUBRUM, Vadum Corvinum. 
 Hertford. L. Lat. Diet. 
 
 VADUM PULCHRUM. Fairford in 
 Gloucestershire. 
 
 V AG A, PFaya. The river Wye in Here- 
 fordshire. 
 
 VAGNIAC^, Vagniacum. Wrotham in 
 Kent, Maidstone in Kent. 
 
VIL 
 
 ( 650) 
 
 WIN 
 
 VALLIS ANANGIA. Annandale in 
 Scotland. 
 
 VALLIS AXJEEA. Golden Vale in Here- 
 fordshire. 
 
 VALLIS CRUCIS. Vale of the Cross in 
 
 Denbighshire. 
 VALLUM. The Picts' Wall. 
 VANDALIS. The river Wandle in Surrey. 
 
 VANDELBIEIA. Wandlesbury near 
 Cambridge. 
 
 VANATINGA. Wantage or Wanting in 
 Berkshire. 
 
 VARI8. Bodvary in Flintshire. 
 
 VECTA, Vectis, Vectesis. The Isle of 
 Wight. 
 
 VEDRA, Verus. The river Were in Dur- 
 ham. L. Lat. Diet. 
 
 VENANTODUNIA. Huntingdonshire. 
 
 VENANTODUNUM, Venatorum Mons. 
 Huntingdon. 
 
 VENEDOTIA. North Wales. 
 
 VENTA BELGARUM. Winchester in 
 Hampshire. 
 
 VENTA ICENORUM. Caister near .Nor- 
 wich. 
 
 VENTA' SILURUM. Caer-went in Mon- 
 mouthshire. 
 
 VERLUCIO. Warminster in Wiltshire. 
 Zi. Lat. Diet. 
 
 VEROLAMIUM, Verulamium. Verulam 
 near St. Albans in Hertfordshire. 
 
 VEROVICUM, FfmcM*. Warwick 
 
 VERTER^, Verteris. Burgh upon Stan- 
 more in Westmoreland. £. Lat. Diet. 
 
 VETELEGANUS PONS. Wheatley 
 bridge near Oxford. 
 
 VETELINGIANA VIA. Watling Street. 
 
 VICUS MALBANIJS. Namptwich in 
 Cheshire. 
 
 VIDOGARA. Ayr in Scotland. L. Lat. 
 Diet. 
 
 VIGORNIA. Worcester city. 
 
 VILLA FAUSTINL Bury St. Edmonds 
 in Suffolk. 
 
 VILLA NOVA. Newnham in Hertford- 
 shire. 
 
 VILUGIANA PROVINCIA. Wiltshire, 
 
 VINCHELSEGA, Vindagora. Winchel- 
 sea in Sussex. 
 
 VINDELIS. Old Winchelsea. 
 
 VINDELISORA. Windsor in Berkshire. 
 
 VINDOBALA, Vindomara. Wall's end 
 in Northumberland. 
 
 VINDOGLADIA, Vindugladia. Wim- 
 bome in Dorsetshire. 
 
 VINDOLANA. Old Winchester in North- 
 umberland. 
 
 VINDONtTM, Vindonus. Silcester in 
 Hampshire. A doubtful position. 
 
 VIRECINUM, Virecium. Wroxcester in 
 Shropshire. 
 
 VIRIDIS SINUS. Greenwich. 
 VIROCONIUM. Wroxeter in Shropshire. 
 L. Lat. Diet. 
 
 VITREA INSULA. Glastonbury in 
 Somersetshire. 
 
 VOLUBA. Falmouth in Cornwall. 
 
 VOLUCRUM DOMUS. Fulham in Mid- 
 
 (iJ6S6X> 
 
 VORED A. Old Penrith in Cumberland. 
 
 WALLIA. Wales. JBract. 395 b. 
 
 WARWICANA PROVINCIA, War- 
 
 wiei Comitatus. Warwickshire. 
 
 WASCONIA. Gascony. Mem. in Scacc. 
 H. 5 Edw. I. 
 
 WELLtE. Wells city in Somersetshire. 
 WENTANA CIVITAS. Winchester 
 , city. 
 
 WESTMARIA, Westmoria, Westmorelan- 
 dia. Westmoreland. 
 
 WESTMONASTERIIJM. Westminster 
 city. 
 
 WICCIA. Worcestershire. 
 
 WICHCOMBIA. Wycombe in Bucking- 
 hamshire. 
 
 WIGORNIA. Worcester city. Bract. to\. 
 128. 
 
 WILTONIA. WUtshire. 
 
 WINCELCUMBA, Winchelcumba. Winch- 
 comb in Gloucestershire. 
 
 WINCESTRIA. Winchester city. L. 
 Lat, Diet. 
 
WIN 
 
 (651) 
 
 Sus- 
 
 WINCHEL8EGA. Winclielsea in 
 sex. L. Lat. Diet. 
 
 WINDELESORUM. Windsor. Mag. 
 Cart. Johan. ad fin. 
 
 WINDESORA, Windlesom, Windesora. 
 Windsor in Berkshire. 
 
 WINTONIA. Winchester. Bract, fol. 
 188 b. 
 
 WITLESIA. 
 shire. 
 
 YAE 
 
 Whittlesey in Huntington- 
 
 YARTJM. 
 
 Y. 
 
 Yare in Yorkshire. 
 
 YARMUTHIA, Jernmuthia, Garanonum, 
 Oariensis ostium. Yarmouth in Nor- 
 folk. 
 
 S 
 
A GLOSSARY 
 
 OP 
 
 LATIN SURNAMES. 
 
A GLOSSARY 
 
 LATIN SURNAMES. 
 
 TAKEN PROM THE APPENDIS: TO BLOUNt's IfOMO-LBXICOK, WITH CORRECTIONS AND 
 
 ADDITIONS. 
 
 A. 
 
 De ADURNI PORTU. Etherington. 
 
 ALA CAMPI. Wingfield. 
 
 De alba MARLA. Albemarle, 
 
 De ALBENEIO, De Albinaco. D'Aube- 
 ney, Aibiney. Bract, fol. 417. 
 
 ALBERICUS, Albrea. Aubrey. 
 
 De ALBO MONASTERIO. Whitchurcli. 
 Bract, fol. 249, 259 b. 
 
 De ALDITHELEIA. Audley. 
 
 De ALNETO. Dauney. 
 
 De alt a RIPA. Dantry. 
 
 AQUAPONTANUS. Bridgewater. 
 
 De ARCUBUS. Bowes. 
 
 De ARIDA villa. Dryton or Dreydon. 
 
 Db aula. Hall. 
 
 De AUREO VADO. Guldeford. 
 
 AURIFABER. Orfeur. [Goldsmith?] 
 
 B. 
 
 De BA JOCIS. Bacon. L. Lat. Diet. 
 
 Db BEDA. Bacon. L. Lat. Diet. 
 
 Db BELLA AQUA. BeUow or Bellew. 
 
 De BELLA FIDE. Beaiifoy. 
 
 De BELLO CAMPO. Beauchamp. 
 
 De BELLO FAGO. Beaufo. Bract, fol. 
 350 b. 
 
 De BELLO FOCO. Beaufeu. 
 
 De BELLO LOCO. Beaulieu. 
 
 De BELLO MARI8C0. Beanmarsh. 
 
 De BELLO MONTE. Beaumont. 
 
 De BELLO PRATO. Beaupre. 
 
 De BELLO SITU. Bellassise. 
 
 De BENEFAGTIS. Benfield. 
 
 BENEVOLUS. Benlowes. 
 
 De BLOSSEVILLA. Blovile, Blofield. 
 
 De BONA VILLA. Bonevil. 
 
 De BONO FOSSATO. Goodrici, or 
 Goodrich. Bract, fol. 293 b. 
 
 De B08C0. Dubois, [Boys, Boyce. 
 Wood?] Bract, fol. 320, 374. 
 
 De BOSCO ROARDL Borhard, [Bur- 
 
 rard?] 
 De BOVIS villa. 
 
 Bovil. 
 
 Db BULIACO. Busli, Bussey. Called 
 de Bully. Bract, fol. 418. 
 
 DbBURGO. Burgh, Burke. [Burrow «1 
 Bract, fol. 290 b. 
 
 De BURGO CHARO. Bonrchier. 
 
 C. 
 
 De CADURCIS. Chaworth. 
 
 De CALVO MONTE. Chaumont. 
 
 Db camera. Chamber, Chambers 
 Bract, fol. 266 b, 273 b, 304, 356 b. 
 
 CAMBERLANUS. Chamberlain. Bract 
 fol. 161. 
 
 De CAMPANIA. Champney. 
 
 De CAMPO ARNULFL Champemoun. 
 
 IdeCAMPOFLORIDO. Chamfleur. 
 
ERI 
 
 (656) 
 
 FLU 
 
 De CANTILUPO. Cantlou. Bract, fol. 
 142 b, 417, 
 
 Db CAPEICURIA, Capreolocuria. Clie- 
 vercourt. 
 
 De CAPELLA. Capel. 
 
 De CARO loco. Carelieu. 
 
 DeCASADEL Godshall. 
 
 Db CASINETO, Chasineto. Cheney, 
 Chedney. 
 
 De CASTELLO'MAGNO. Castlemain. 
 
 DeCERASO. Cherry. 
 
 De CHAURIS. Chaworth. 
 
 CHELKtREVUS. Killigrew. L.Lat.Bkt. 
 
 Db CESTRIA. Chester. 
 
 CHIRCHEBEIUS. Kirtby or Kirby. 
 
 De CLARIFAGIO. Clerfay. 
 
 De CLARIS YALLIBUS. Clarival. 
 
 De CLARO MONTE. Clermont. 
 
 DeCLIVOFORTL Clifford. 
 
 Db COLUMBARIIS. Columbers. 
 
 COCTJS. Coke, or Cook. Bract, fol. 
 437 b. 
 
 De CONDUCTU. Chenduit. 
 
 Db CORNUBIA. Cornwall. 
 
 De CORVO SPIN^. Crowthorn. 
 
 De CREPITO CORDE. Creveceur. 
 
 'CUNETITJS. Kenet. 
 
 De CURVA spina. Creithome. 
 
 D. 
 
 Db AYNECURIA, JDaincuriensis. Dain- 
 court. 
 
 Db DACO. [Day or Dane ?] Bract. foL 285. 
 
 De diva. Dive. 
 
 De DOITO. Brooke. 
 
 DISPENSATOR. Le Despencer, Spencer. 
 
 DEOGO. Drew. 
 
 DUCHTIUS. Doughty. 
 
 IS. 
 
 EASTERLINGUS. Stradling. 
 De EBROICIS. Devereux. 
 De ERICETO. Brewer. 
 
 DbEROLITTO. Erliche. 
 
 D'ESTLEGA. Estley or Astley. L. Lat. 
 Diet. 
 
 EXTEANEUS. L'Estrange. [Strange?] 
 Mag. Cart. 1 Hen. III. pr. 
 
 F. 
 FABER. Smith. Bract, fol. 272 b. 
 De FAGO. Beech, Beecher. 
 DeFEERARIIS. Ferrers. BracUioL Wb. 
 Db FILICETO. Fernham. 
 FILIUS ALANL Fitz-Alan, [Alanson.] 
 FILIUS EUSTACHIL Fitz-Eustace. 
 FILIUS GEROLDL Fitz-Gerold. Mag. 
 Cart. Johan. pr. 
 
 FILIUS GUIDONIS. Fitz-Guy, Fitz- 
 With. 
 
 FILIUS HENRICL Fitz-Henry. 
 
 FILIUS HEREBERTL Fitz-Herbert. 
 
 Mag. Cart. Johan. pr. 
 FILIUS HUGONIS. Fitz-Hugh. Bract. 
 
 fol. 417. Mag. Cart. Johan. pr. 
 
 FILIUS JACOBL • Fitz-James. 
 
 FILIUS JOHANNIS. Fitz-John, [John- 
 son.] Bract, fol. 298. Fleta, lib. 2, 
 c. 3, § 9. 
 
 FILIUS LAMBERTL Fitz-Lambert. 
 Bract, fol. 292 b. 
 
 FILIUS MICHAELIS. Fitz-Michael. 
 Bract, fol. 417. 
 
 Fitz- Peter. Bract. foL 
 
 FILIUS PETRI 
 225 b, 420 b. 
 
 FILIUS RADULPHL Fitz-Ralph. Bract. 
 fol. 298, 418, 421. 
 
 FILIUS ROBERT! Fitz-Robert. [Rob- 
 ertson.] Bract, fol. 393 b, 430 b. 
 
 FILIUS ROLANDL Fitz-Roland. Bract. 
 fol. 367. 
 
 FILIUS SIMONIS. Fitz-Simon. [Fitz- 
 Simmons, Simonson ?] Bract, fol. 409 b. 
 
 FILIUS GULIELML Fitz-William. [Wil- 
 liamson?] Bract, fol. 275 b, 370 b. 
 
 FILIUS WALTER! Fitz-Walter, Mag. 
 Cart. 9 Hen. IIL 
 
 FLAVUS. Blund, Blount. 
 
 De FLUCTIBUS. Flood. 
 
JOD 
 
 ( 655) 
 
 MED 
 
 Dk FOLIIS. Foulis. 
 Db FONTE AUSTRAL! 
 De FONTE EBRARDI. 
 De FONTE LIMPIDO. 
 
 Southwell. 
 Fonteverard. 
 Sherburne. 
 
 De KAINETO, ITaineio. 
 net or Kenney ?] 
 
 Keynes. [Ken- 
 
 De FONTIBUS. Wells. Mem. in Scacc. 
 M. 2 & 3 Edw. I. 
 
 De FORTI SCUTO. Fortescue. 
 
 De FRAXINO. Frene, Ash. Bract, fol. 
 60. Mem. in Scacc. H. 5 Edw. I. 
 
 FRESCOBURNUS. Freshbum. 
 
 De FRISOA villa. FreshviUe. 
 
 De FOSSA NOVA. Newdike. 
 
 DeGANDAVO. Gaunt. L. Zat. Diet. 
 
 De GENEVA. Genevil. 
 
 De GENISTETO. Bromfield. 
 
 GIOVANTJS. Young. 
 
 De GLANVILLA. Glanville. 
 
 De GORNIACO. Gornay. L. Lat. Did. 
 
 De GRANA villa. GrenviUe. 
 
 De GRANDI VILLA. Granvil. 
 
 De GRENTEMAISNILLO. Grantmesnil. 
 
 De GROSSO MONTE. Grismond. 
 
 De GROSSO VENATORE. Grosvenor. 
 
 De GUNTHERI SYLVA. Gunter. 
 
 H. 
 
 De HAIA. Hay. L. Lat. Diet. 
 
 De HOSATO. Hose, Hussey. Blount 
 says he had seen Johannes Usus Mare, 
 in Latin, for John Hussey. 
 
 De HYDA. Hyde. Bract, fol. 351. 
 
 I. 
 
 De insula. Lisle. Bract, fol. 234 b, 
 376, Maff. Cart. 9 Hen. III. 
 
 De insula bona. Lislebone. 
 
 De insula FONTIS. Lilburne. 
 
 Lettley. L. Lat. 
 
 J. 
 
 JODOCUS. 
 Vol. IL 
 
 Joice. 
 
 I.. 
 
 De L^TO loco. 
 Diet. 
 
 De LATO CAMFO. Bradfield. 
 
 De LATO VADO. Bradford. 
 
 LAURENTII FILIUS. Lawson. 
 
 De LEGA. Lee, Lea, Leigh. 
 
 De LEICHA, Lecha. Leach. 
 
 De LISORIIS. Lizurs, Lisors. 
 
 De LOGIIS. Lodge. 
 
 De LONGA SPATA. Longspee, Lun- 
 gespey. Bract, fol. 422 b. 
 
 De LONGA VILLA. LonguevUle. 
 Bract. 255 b. 
 
 De LONGO OAMPO. Longchamp. 
 
 De LONGO PRATO. Longmead. 
 
 LUPELLUS. Lovet, Lovel. 
 
 LUPUS. Wolf, Love, Loo. 
 
 m. 
 
 MACER. Le Meyre. 
 
 De magna VILLA. Mandeville. 
 
 De MALIS MANIBUS. Malmains. 
 
 De MALO LACU. Mauley. Bract, fol. 
 319, 381, 433. Maff. Cart. 9 Hen. 
 III. 
 
 De MALO LEONE. MaUeon. Maff. 
 Cart. 1 Hen. lU. pr. 
 
 De MALO PASSU. Malpas. 
 
 De MALO VISU. Malvisin. 
 
 MALUS LEPORARIUS. Malevorer. 
 
 MALUS LUPELLUS. Maulove, Mal- 
 lovel. 
 
 De MANNERIIS. Manners. 
 
 De MARCI VALLIBUS. Martival. 
 
 De MARISCO. Marsh. 
 
 De MEDUANA. Maine. 
 
 De MELSA. Mews. 
 
 De MEDIA VILLA. Middleton. 
 
 MEDICUS. Leech. 
 
 42 
 
OIL 
 
 (656) 
 
 RTJP 
 
 Db MICENIS. MoscHnes. 
 
 De MINERIIS. Miners. 
 
 Db MONASTERIIS, Musters. 
 
 Db MOLENDINIS. Molines, [MiUs ?] 
 
 MONACHUS. Le Moigne, Monk. 
 
 De MONTE. [Mount, Dumont ?] 
 
 Db MONTE ACUTO. Montacute. Bract. 
 fol. 63 b, 199 b. 
 
 De MONTE ALTO. Montalt, Moald, 
 
 De MONTE AQTJIL^. Mounteagle. 
 
 De MONTE CANISIO. Montcbensey. 
 Bract, fol. 8T b, 391, 407 b, 
 
 De MONTE FIXO. Montfichet. 
 
 De MONTE FORTL Montfort. Bract. 
 fol. 417. 
 
 De MONTE GOMERICO, Be Monte 
 Gomery. Montgomery. Mem. in Scaec. 
 H. 22 Edw. L in dorso. 
 
 Db MONTE JOVIS. Montjoy. 
 
 De MONTE HERMERIL Monthir- 
 mer. 
 
 De MONTE PESSONIS. Montpesson, 
 Mompesson. 
 
 De MONTE VEGONIS. Montbegon. 
 Bract, fol. 50 b. 
 
 De MORTUO marl Mortimer. Mem. 
 in Scacc. P. 22 Edw. L Mac/. Cart. 1 
 iHen. ilL pr. 
 
 De MUSGO GAMPO, Muscbamp. 
 
 De mora. More. Mem. in Scacc. H. 
 « Edw. L 
 
 Nowres. 
 
 Bract, fol. 
 
 De NODARIIS, 
 430 b. 
 
 De nova terra. Newland. 
 
 De nova VILLA, De Nevilla. Nevil. 
 
 De novo BURGO. Newburgh. 
 
 De novo CASTELLO. Newcastle. 
 
 De NOVO FORO. Newmarcb. 
 
 De novo MERCATO. Newmarch. 
 Bract, fol. 54 b. 
 
 P. 
 
 De PALUDE. Marsh. 
 
 PARMENTARIUS. Taylor. 
 
 Db PARVA villa. Littleton. 
 
 De PASCUO LAPIDOSO. Stanley. 
 
 De PAVILIDRO, Pauliaco. Paveley. 
 
 Db PAVILLIANO. Peiton. L. Lat. 
 Diet. 
 
 De PECOATO. Peche, Peck. 
 
 De PETRA PONTE. Pierpont. 
 
 Db PEDE PLANCO. Pauncefot. 
 
 jPELLIPARITJS. Skinner. 
 
 De PICTAVLi. Peyto. 
 
 ,De PLANTAGENET-^ Plantagenet. 
 
 De PORCELLIS. Purcell. 
 
 POULTENEIUS. Poultney. L. Lat. 
 Diet. 
 
 Db PRAERnS. Praers. 
 
 Db PULCHRO.CAPELLITIO. Fair- 
 fax. 
 
 De PUTEACO. Pusac, Pudsey. 
 
 De QUERCETO. Cheney. 
 Db QTJINCLiCO. Qmncy. 
 
 Db OILEIO. 
 
 a. 
 
 D'Oyley. 
 
 R. 
 
 Db RADEONA. Rodney. L. Lat. Diet. 
 
 Db RAGENEIA. Raleigh. 
 
 De REDVERIIS. Rivers. 
 
 REGINALDUS. Reynolds. 
 
 De RICO MONTE. Richmond. 
 
 De RIPARIIS. Rivers. Mem. in Scacc. 
 M. 2 and 3 Edw. L 
 
 ROTARIUS. Wheeler. 
 
 Db rubra MANU. Redmain. 
 
 De rubra SPATHA. Rospear, Rons- 
 pee, Rooper, Roper. 
 
 De RUBRO CLIVO. Redcliff, Radcliff. 
 
 Db RUPE. Roche, Rock, [Laroohe.] 
 Bract. 146, 146 b, 280, 302 b. 
 
 De RUPE FORTL Rochfort. 
 
De kupe scissa, 
 
 RUFUS, Rous. 
 
 SAN 
 Cutoliff. 
 
 (667) 
 
 VAL 
 
 De SABATJDIA. Savoy. 
 
 Be sacra QUERCU. Holyoak. 
 
 De SACRO BOSCO. Holywood. 
 
 De SACRO FAGO. Holybeecli, HoUe- 
 bech. 
 
 De SACRO FONTE. Holybroot. 
 
 SAGITTARIUS. Archer. 
 
 De SAIO. Say. 
 
 De SALOETO. Saucey. 
 
 De ALOHAVILLA. Salkeld. 
 
 De SALICOSA MARA. Wilmore. 
 
 De SALICOSA VENA. Salvein. 
 
 Ds SALSO MARISCO. SaltmarsL 
 
 De SALTU CAPELL^. Sacheverel. 
 
 De SANGTA BARBARA. St. Barb, 
 Senbarb, Simbarb. 
 
 Db SANCTA CLARA. St. Clare, [St. 
 Clair,] Sencleer, Sinclere. 
 
 Db SANCTA TERRA. Holyland. 
 
 De SANCTO ALEMONDO. Salmon. 
 
 De SANCTO AMANDO. St. Amand, 
 S'amand. Brad. fol. 312, 417. 
 
 De SANCTO AUDOENO. St. Owen. 
 
 Dk SANCTO ANDOMARO, St. Omer. 
 Z. Lat. Diet. 
 
 Db SANCTO GELASIO. 
 
 Db SANCTO GEORGIO 
 Bract, fol. 83 b, 349. 
 
 Db SANCTO JOHANNE. St. John. 
 Bract, fol. 339 b. Mag. Cart. 9 Hen. 
 
 m, 
 
 De SANCTO LAUDO. St. Laud, Sentlo, 
 Senlo. 
 
 Db SANCTO LIZIO. St. Liz, Senliz, 
 Seyton. 
 
 De SANCTO LEODEGARIO. St. Le- 
 ger, Sellenger. 
 
 De SANCTO LUPO. St. Low, Sent- 
 low. 
 
 Db SANCTO MARTINO. St. Martin, 
 Semarton. 
 
 Singlis. 
 St. George. 
 
 Db SANCTO MATJRO. St. Maur, Se- 
 
 maur. 
 De SANCTO MEDARDO, SemarL 
 De SANCTO PAULO. St. Paul, Sampol, 
 
 Db SANCTO PETRO. St. Peter, St. 
 Pierre, Sampler. 
 
 Db SANCTO VEDASTO. Foster. 
 
 Db SANCTO WALLERICO. St. Wal- 
 
 lere. 
 De SANDWICO. Sandwich. 
 
 De SAXO FERRATO. Ironston, Iron- 
 son. 
 
 Db SCALARIIS. Scales. 
 
 SCISSOR. Cutter, Taylor? Bract, fol. 
 141 b. 
 
 De sicca villa. SackvUle. 
 
 De SOLARIIS. Solers. 
 
 Db SPINETO. Spiney. 
 
 De STAGNO. Poole. 
 
 De STIPITE SICCO. De la Zouche. 
 
 SUPER TYSAM. Surteys, 
 
 Db SYLVA. Weld. 
 
 Db SUTHLEIA, Suileia. 
 ley. L. Lat. Diet. 
 
 Suthley, Sud- 
 
 T. 
 De TANAIA. Taney. 
 De TANKARDI VILLA. Tankerville. 
 TEUTONICUS. Teys. 
 Db TULKA. Toke, Tooke. 
 Db TURBIDA VILLA. TurberviUe. 
 De TURPE VADO. Fulford. 
 De TURRI PARVA. Torel, Tyrrel. 
 
 II. 
 De UMBROSA QUERCU. Dimmock, 
 De URTICO. Lorti, Lort. 
 
 V. 
 
 De VADO BOUM. Oxford. 
 De VADO SAXL Stanford. 
 Dk VALLE. Wale, [Duval ?] 
 De VALLE TORTA. Vautort. 
 Db VALLIBUS. Vaux. 
 
vm 
 
 ( 658 ) 
 
 WOL 
 
 De VETERI aula. Oldhall, Old- 
 ham. 
 
 Db VETERI PONTE. Vipont. Bract. 
 fol. 194 b. Mag. Cart. 9 Hen. III. 
 
 De VICARIIS. Vicars. 
 
 De villa magna. -Mf^ndeville. 
 
 De VILLARIIS. Villers. 
 
 De villa TORTA, Croketon. 
 
 De vino salvo. Vinesalf. 
 
 Bract, fol. 
 
 w. 
 
 WALERANUS. Walrand. 
 436. 
 
 Db WARNEVILLA. Willougliby. L. 
 Lat. Diet. 
 
 De WARRENA. Warren. L. Lat. Diet. 
 
 De WATELEGA. "Wateley, Wheatley. 
 
 WOLSJEUS, Volvesius. Wolsey. L.Zat, 
 Diet. V 
 
KF 156 B97 1871 c.l 
 
 Author Vol. 
 
 Burrill, Alexander Msuisfild 
 
 Title Copy 
 
 Law Dictionary & Glossary 
 
 Borrower's Name