Cornell University Law Library THE GIFT OF CAmM^u.-.X. ^r^ftAjocJ.. €rr[;Dol ICibrary Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835585 A CONCISE LAW DICTIONARY A CONCISE LAW DICTIONAEY OP WORDS, PHRASES, AND MAXIMS WITH AN EXPLANATORY LIST OF ABBREVLA.TIONS USED IN LAW BOOKS BY FREDERIC JESUP STIMSON PROFESSOR OF COMPARATIVE LEGISLATION IN HARVARD UNIVERSITY REVISED EDITION BY HARVEY CORTLANDT VOORHEES OF THE BOSTON BAR AUTHOR OF "the LAW OF ARREST IN CIVIL AND CRIMINAL ACTIONS" BOSTON LITTLE, BROWN, AND COMPANY 1911 CopyngU, 1881, 1911, Bt Little, Bbown, and Company. PREFATORY NOTE. In preparing this new edition of Stimson's Law Glossary an effort has been made to retain the excellent and scholarly work of Professor Stimson as originally prepared by him. Few changes have been found advisable. The work of the present editor, therefore, has been mainly to supplement rather than revise. In pursuing this plan nearly two thousand important words have been added, and many citations and references inserted designed to lead the researcher to a fuller understanding of the meaning and practical use of the words defined and ex- plained. These references are designedly to books and reports most accessible to students of Law, and their needs have ever been held paramount. For their use, too, an explanatory list of abbreviations used in law books has been carefully prepared, and added under the title " Abbre- viations." This will undoubtedly be found an important addition to the general scope of the work. A table of British Regnal years has also been added in the Appendix. References to words defined in this book are in small capitals, and references to other books and decisions are in italics. H. C. V. Boston, January 1, 1911. DEFinXIONS AND TEANSLATIONS OF LAW TERMS A, tA,Jr. Has (from avoir, aver). A, ab, 1} From; by; of; with; in; at. The letter a is sometimes used to distinguish the page of a foUo, thus: (Doke, Litt. 112 a, the second being marked 6, and so on with other letters. It is also used to indi- cate the first of a series of documents, as, Exhibit "A," or " a\," etc. Although the article o is generally a singular term it is also used as plural in the sense of " any," and is then applied to more than a single object; see HI Mass. 266; 101 N. Y. IfiS. A cancelUs: the Chancellor. A coelo usque ad centrum: from the heavens to the centre of the earth. A communi observantia non est recedendum: there should be no departure from common observance. A consiliis: of counsel; a counsellor. It is sometimes used in civil law in place of a responsis. A contrario sensu: on the other hand; in the oppo- site sense. A fortiori: by a stronger reason; much more. A gratia: by grace, and not of right. A jure suo cadunt: they fall from (lose) their right. AppUed to cases of loss of property by abandonment. A latere: collateral; without right. Frequently used in speaking of the succession to property. A me : from me. A term used in grants expressing tenure by the grantee directly of the superior lord; op- posed to de me, expressing tenure by the grantee of the grantor. To pay a me, is to pay from my money. A mensa et thoro: from bed and board. The term is used to designate a kind of divorce which is more a separation of the parties by law, than a dissolution of the marriage. It is not an absolute divorce. A morte testatoris: from the testator's death. A multo fortiori: by far the stronger — reason, right, equity. A nativitate: from infancy. A non domino: by one not the owner. A non posse ad non esse sequitur argmnentum neces- sarie negative, licet non affirmative: from the impossibility of a thing you may infer its nonexistence; but not, from the possibiUty of a thing, its existence. A piratis et latronibus capta dominium non mutant: things taken by pirates or robbers do not change their owner- ' See also A /r. 1 2 A— ABANDONMENT ship. A posteriori: applied to an argument founded on observation or experiment. The term a priori is used of such arguments as rest on analogy or abstract considerations. A quo: from which. The Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem. A quo invito aliquid exigi potest: from whom something may be exacted against his wiU. The definition of a debtor in perfect obligation. A retro: behind; in arrear. A sociis: seeNosciTtna abociis. A tempore cujus contrarii memoria non existit: from time of which there exists no memory to the contrary. A teneris annis: by reason of youth. A verbis legis non est recedendum: there should be no departure from the words of the law. A vinculo matrimonii: from the bond of mar- riage. A divorce which completely dissolves the marriage tie. A, /r.' At; to; with; in; for; by. A aver et tener: to have and to hold. A causa de cy: for this reason. A ce: for this purpose. A fine force: of pure necessity. A large: at large; free. A I'impos- sible nul n'est tenu: no one is bound to do what is impossible. A pais: to the country; at issue. A prendre: to take; see PRoriTS A PRENDRE. A rendre: to render; yield; see Profits a rbndre. A savoir, i saver: to know; to wit. Aterme: for a term; for the term. A tort: wrongfully. Ab, I.' From. Abactis: a notary; a registrar. One who records words as they are spoken. Ab agendo: unable to act. Ab alienatio: a method of transferring lands between Roman citizens. Ab ante: in advance. Ab antecedente: beforehand. Ab antique: of old. Ab assuetis non fit injuria: from things to which we are used, no legal wrong arises. Ab extra: from without; see 14 Mass. 151. Ab inconvenienti: from what is inconvenient, or improper; see Arqtj- MENTUM. Ab inde: from that time forward; thence. Ab initio: from the beginning; before; contrasted with postea and ex post facto. Ab intestat: intestate. Ab intestato: from an intestate; used of property acquired from one dying without a will. Ab invito : unwillingly; by or from an unwilling person. Ab irato: by one who is angry. Used where a gift or devise is made adversely to the in- terests of heirs. Ab judicatio : a removal from court. Ab olim : of old. Abactor, I. A cattle-stealer. Abadengo, span. Lands belonging to ecclesiastical corporations. Abandon. To give up; see Abandonment. Abandonment. Desertion; surrender; relinquishment of property; as when an insured person makes over his rights in the goods to the insurer. In Maritime Law, see 5 Mich. 368; of Homestead, 75 la. 631; by Husband or Wife, S7 Conn. S6; in Insurance, 39 Ark. 364; of PubUo Highway, ISO N. Y. 618; of Pubhc Lands, 25 Neb. 430; of Rights, 9 Met. {Mass.) 395. > See also A, ab, I., and Ab, I. ' See also A, ab, I., and }L,fr. ABARNARE— ABBREVIATIONS 3 Abamare, I. To detect or disclose a crime. Abatamentum, I., or Abatement. (A making less; a destroying.) Of a nuisance, when the party injured removes or destroys it; see Bob. El. L. Rev. ed., § ^4^. Of freehold, when a stranger entersj and keeps possession of, lands, after the death of the person last seised, and be- fore the entry of the person next entitled. Of legacies, when there are not assets to pay all debts or legacies in full; in like manner, there is abatement of debts among creditors. Of a suit, when it is deter- mined for want of proper parties, as by death, marriage, or bank- ruptcy; see S Bl. Com. SOI; Rob. El. L. Rev. ed., §§ 293-298; or by Pleas in abatement: these are pleas which only suspend the right to sue; or they defeat a particular action without affecting the right; see Plea; Rob. El. L. Rev. ed., § 308. Abatre, abbatre, abater, fr. To abate, throw down, or destroy. Abatre maison: to raze a house. Abatuda. Diminished; as where coins are ohpped or lessened in value. Abatus per vent: thrown down by the wind. Abbaiaunce, abbaizance. Abeyance, q. v. Abbreviations. Of most abbreviations the court may take judicial notice; see 4 Wig. Ev., § 2682. By reason of arbitrariness in coining abbreviations no list can be called complete. The following list, however, wiU be found to con- tain practically all for which reference will be required: A. C Appellate Court; Appeal Cases. iSgi A. C: English Appeal Cases, Law Reports, 3d series, 1891. Same in other years. A. D American Decisions (Select Cases) ; Anno Domini. A. G Attorney General. A. K. Marsh. . . . A. K. Marshall's Kentucky Reports. A. L. J Albany Law Journal. A. Moo A. Moore's English Reports, in 1 Bosanquet & Puller. A. R Anno Regni, — Ln the year of the reign ; Amer- ican Reports (Select Cases). A. & E Adolphus & Ellis' Reports, Eng. King's Bench; Admiralty and Ecclesiastical. A. & E. N. S. . ■ Adolphus & Ellis' Reports, New Series, Eng. Queen's Bench, also cited Q. B. A. & E. R. C. . . . American and English Railway Cases. Ab Abridgment. Ab. Adm Abbott's Admiralty Reports, U. S. Dist. Court, South. Dist. N. Y. Ab. App. Dec, or Ab. Ct. App., or Ab. N. Y. Ct App. Abbott's New York Court of Appeals Decisions. 4 ABBREVIATIONS Ab. New Cas. . . Abbott's New Cases, various New York Courts. Ab. U. S Abbott's Reports, U. S. District and Circuit Courts. Abr Abridgment; Abridged. Abs Absolute. Ace Accord, — agrees. Act. Acton's Reports, Prize Causes, Eng. Privy Council. Act. Reg Acta Regia. Ad. & Ell Adolphus & Ellis' Eng. King's Bench Reports. Ad. & Ell. N. S. . Adolphus & Ellis' Eng. Queen's Bench Reports, New Series, also cited Q. B. Ad. fin Ad finem, — at or near the end. Add Addison's Pa. Reports. Addams, or Add. Eccl Addams' Eng. Ecclesiastical Reports. Adj Adjudged; Adjourned. Adm Admiralty; Admitted; Administrator. Adm. & Ecc. . . Admiralty and Ecclesiastical, Eng. Law Reports. Admz Administratrix. Ads. . . . ' . . Ad sectam, — at suit of. Adv. .... Advocate. Ag Agreement; Against; Agrees. Agra H. C. ... Agra High Court Reports, India. Aik. ... Aiken's Vermont Reports. Al. Tel. Cas. . . . Allen's Telegraph Cases, Amer. and Eng. Al. & Nap. . . . Alcock & Napier's Irish King's^ Bench and Ex- chequer Reports. Ala Alabama Reports. Ala. N. S Alabama Reports, New Series. Ale Aleock's Irish Registry Cases. Ale. & N Alcock & Napier's Irish King's Bench and Ex- chequer Reports. Al., or All Allen's Massachusetts Reports; Allen's New Bruns- wick Reports; Aleyn's Eng. King's Bench Reports. Allen (N. B.) . . Allen's New Brunswick Supreme Court Reports. All. Ser. Allahabad Series, Indian Law Reports. Allen AUen's Massachusetts Reports; Allen's New Bruns- wick Reports. Am American; Amended; Amendment. Am. Law Reg. . . American Law Register, Philadelphia. Am. L. Rev. . American Law Review. Amb Ambler's Eng. Chancery Reports. Ames Cas. Eq. . . Ames' Cases on Equity Jurisprudence. Ames Cas. PI. . Ames' Cases on Common Law Pleading. Ames, E. & B. . Ames, Knowles, & Bradley's Rhode Island Reports. And Anderson's Eng. Common Pleas and Court of Wards Reports. ABBREVIATIONS 5 Andr Andrews' Eng. King's Bench Reportg. Ang Angell's Rhode Island Reports. Ang. & Dur. (R. I.) Angell & Durfee's Rhode Island Reports. Annaly Annaly's Eng. Reports. Commonly cited Cas. temp. Hardw. Anst Anstruther's Eng. Exchequer Reports. Anth. N. P. . . Anthon's Nisi Prius Cases, New York. App Appeal; Appendix; Apposition; Appleton's Maine Reports. App. Cas Appeal Cases, Eng. Law Reports. App. Cas. (D. C.) , Appeal Cases District of Columbia, vol. 1. App. Cas. (Beng.) . Sevestre & Marshall's Bengal Reports, India. App. Cas. Rep. . Bradwell's Illinois Appeal Court Reports. App. N. Z. . Appeal Reports, New Zealand. App. Rep. Ont. . . Appeal Reports, Ontario. Arch. L. 0.& CtPr. Archer's Law OflBce and Court Procedure. Archb. Sum. . . Archbold's Sunamary of the Laws of England. Archer, or Archer & Hogue Archer's Florida Reports, vol. 2. Arg. . . . Arguendo, — in arguing, — in the course of rea- soning. Ariz. . . Arizona. Ark. . . . Arkansas Reports; Arkley's Scotch Reports. Arkl. . . . Arkley's Scotch Reports. Anns. M. & O. Armstrong, Macartney, & Ogle's Reports, Irish Nisi Prius Cases. Am Arnold's Reports, Eng. Common Pleas; Arnot's Criminal Trials, Scotland. Am. & H. . . . Arnold & Hodges' Eng. Queen's Bench Reports. Am. & H. B. C. . . Arnold & Hodges' Eng. Bail Court Reports. Ashm. Ashmead's Pa. Reports. Atk. . . Atkyn's Eng. Chancery Reports. Atl. Rep Atlantic Reporter. Atw Atwater's Miimesota Reports. Austin C. C. R. Austin's Eng. County Court Reports. Ayl. Pan. . . . Ayliffe's Pandects. B. A Bachelor of Arts. Bann. &A. . . . Bamiing&Arden'sPatentCases,U.S.CirouitCourt. B. C Bail Court; Bankruptcy Cases. B. C. C Lowndes & Maxwell's Eng. Bail Court Cases; Brown's Eng. Chancery Cases. B. C. R. . . . Saunders & Cole's Eng. Bail Court Reports. B. L Bachelor of Laws. B. L. R Bengal Law Reports. B. M B. Monroe's Kentucky Reports; Burrows' Reports temp. Mansfield. 6 ABBREVIATIONS B. Itlon. . B. Monroe's Kentucky Reports. B. Moore . Moore's Eng. Reports. B. N. C. . . Bingham's New Cases, Eng.; Brooke's New Cases, Eng.; Busbee's No. Car. Reports. B. P. N. R. . . . Bosanquet & Puller's New Reports, Eng. Com. Pleas. B. R Bancus Regis, — King's Bench; Bankruptcy Re- ports. B. R. H. . . Cases in King's Bench, temp. Hardwicke. B. S Bancus Superior, — TPpper Bench. B. & A., or B. & Aid Barnewall & Alderson's Eng. Reports. B. & A Barnewall & Alderson; Barnewall & Adolphus; Barron & Arnold; Barron & Austin; Banning & Arden. B. & Ad. . Barnewall & Adolphus' Eng. Reports. B. & B. . Ball & Beatty's Irish Chancery Reports; Bro- derip & Bingham's Eng. Reports. B. & C. . . Barnewall & Cresswell's Eng. Reports. B. & L. . Browning & Lushington's Eng. Admiralty Reports. B. & P. . . . Bosanquet & Puller's Eng. Reports. B. & P. W. R. . Bosanquet & Puller's New Reports, English. B. & S. Best & Smith's Eng. Reports. Bac. Abr. Bacon's Abridgment. Bagl. Bagley's California Reports. Bagl. & H. Bagley & Harmen's California Reports. Bail Ct. Cas. . . . Lowndes & Maxwell's Eng. Bail Court Cases. Bail Ct. Rep. . Saunders & Cole's Eng. Bail Court Reports. Bailey . Bailey's South Carolina Law Reports. Bailey Eq.,orBailey Ch. . . Bailey's South Carolina Chancery Reports. Bald. . . . Baldwin Reports, U. S. 3d Circuit. Bald. R. L. . Baldwin's Railroad Law. Ball & B. Ball & Beatty's Irish Chancery Reports. Banc. Sup. Bancus Superior, — Upper Bench. Banks . . . Banks' Kansas Reports. Bann. . . . . Bannister's Eng. Common Pleas Reports. Barb., or Barb. S.C. Barbour's New York Supreme Court Reports. Barb. (Ark.) . Barber's Arkansas Reports. Barb. Ch. . . . Barbour's New York Chancery Reports. Barber . . Barber's Arkansas Reports. Bam. . . Bamardiston's Eng. King's Bench Reports. Bam. Ch. Bamardiston's Eng. Chancery Reports. Bam. & A., or Bam. & Aid. . Barnewall & Alderson's Eng. Reports. Bam. & Ad. . . BamewaU & Adolphus' Eng. King's Bench Reports. ABBREVIATIONS 7 Bam. & Cress. . . Bamewall & Cresswell's Eng. King's Bench Reports. Barr . . . Barr's Pa. Reports. Bart. Eq. . . Barton's Suit in Equity. Bates Ch Bates' Delaware Chancery Reports. Batty Batty's Irish King's Bench Reports. Baxt Baxter's Tennessee Reports. Bay Bay's South Carolina Reports; Bay's Missouri Reports. Bay (Mo.) .... Bay's Missouri Reports. Beal. Cas. Cr. L. . Beale's Cases on Criminal Law. Beal. Cr. PI. . Beale on Criminal Pleading. Beale Cas. Dam. . Beale's Cases on Damages. Beas Beasley's New Jersey Equity Reports. Beatt. . . . Beatty's Irish Chancery Reports. Beav. . . . Beavan's Eng. Rolls Court Reports. Bee, or Bee Adm. Bee's Admiralty Reports, U. S. Dist. Court, South Carolina. Bee C, C. R. . . Bee's Eng. Crown Cases Reserved. Bel Bellewe's Eng. King's Bench Reports temp. Rich- ard II; Bellais' Bombay Reports; Beling's Cey- lon Reports. Beling & Van. (Cey- lon) . . Beling & Vanderatraaten's Ceylon Reports. Bell. (Or.) . . . Bellinger's Oregon Reports. Bell Ap. Cas. . . Bell's House of Lords Cases, Scotch Appeal. BeU C. C. Bell's Crown Cases Reserved ; Bellais' Civil Cases, Bombay; Bellais' Criminal Cases, Bom- bay. Bell. C. Cas. . . . Bellais' Civil Cases, Bombay; Bellais' Criminal Cases, Bombay. BeU Cas Bell's Scotch Court of Session Cases. Bell H. C. Cal. . Bell's Reports, ffigh Court of Calcutta. Bell H. L. . Bell's House of Lords Cases, Scotch Appeals. BeU (In.) . . . BeU's Reports, India. BeU Sess. Cas. . . BeU's Cases in the Scotch Court of Session. BeUais Bellais' Criminal Cases, Bombay; BeUais' Civil Cases, Bombay. BeUewe . . . . BeUewe's Eng. King's Bench Reports, temp. Richard II. Ben., or Bt. . . . Benedict's Reports, U. S. Dist. Court, 2d Circuit. Bendl Bendloe's or New Benloe's Eng. Common Pleas Reports, Ed. of 1661. Beng. L. R. . Bengal Law Reports, India. Beng. S. D. . . . Bengal Sudder Dewanny Reports, India. Benl. . . Benloe's Eng. King's Bench Reports. Benl. & Dal. . . . Benloe's & Dalisou's'Eng, Com. Pleaa Reports. 8 ABBREVIATIONS Benn. (Cal.) . Benn. (Mo.) . Benn. (Dak.) Bent. . . . Beny . Bert. . . . Best & S. . . Betts Dec. . . Bev. (Ceylon) . . Bibb Bick Bick. & H. (Nev.). Bick. (In.) . . . Big Big. B. N. & C. Big. Cas. B. N. C. Big. Torts Big.WiUs . . Bing. . Binn. . . . . Biss Bitt Bitt. W. & P. Bl Bl. C, C. . . Bl. Com. . Bl. D. & O. Bl. H. . . Bl. & How. Bl. Pr. Ca. Bla.R.,oTBla Bla. Com. . Black Black (Ind.) Blackf. Blake Bland . Blatcht Blatchf. & H. Bleck. . . Bli., or Bligh Wm, Bennett's California Reports. Bennett's Missouri Reports. Bennett's Dakota Reports. Bentley's Irish Chancery Reports. Berry's Missouri Reports. Berton's New Brunswick Reports. Best & Smith's Eng. Queen's Bench Reports. Blatchford & Howland's U. S. District Court Reports. Beven's Ceylon Reports. Bibb's Kentucky Reports. Bicknell's Nevada Reports. Bicknell & Hawley's Nevada Reports. Bicknell's Reports, India. Bignall's Reports, India. Bigelow on Bills, Notes, and Cheques. Bigelow's Cases on Bills, Notes, and Cheques. Bigelow on Torts. Bigelow on Wills. Bingham's Eng. Common Pleas Reports. Binney's Pa. Reports. Bissell's Reports, U. S. Courts, 7th Circuit. Bittleston's Reports in Chambers, Q. B. Bittleston, Wise, & Pamell's Reports. Black's U. S. Supreme Court Reports. Blatchford's Reports, U. S. Circuit Court, 2d Circuit. Blackstone's Commentaries on English Law. Blackham, Dundas, & Osborne's Reports, Ireland. Henry Blackstone's Eng. Reports. Blatchford & Howland's Admiralty Reports, U. S. Dist. Court, Southern Dist. of N. Y. Blatchford's Prize Cases, U. S. Dist. of N. Y. William Blackstone's Eng. Reports. Blackstone's Commentaries. Black's U. S. Supreme Court Reports. Black's Indiana Reports, vols. 30-53. Blackford's Indiana Reports. Blake's Montana Territory Reports. Bland's Maryland Chancery Reports. Blatchford's Reports, U. S. Circuit Court, 2d Circuit. Blatchford & Howland's Admiralty Reports, U. S. Dist. Court, Southern Dist. of N. Y. Blediley's Georgia Reports, vols. 34^35. Bligh's Eng, House of Lords Reports, ABBREVIATIONS 9 Bli. N. S., or Bligh N. S Bligh's Eng. House of Lords Reports, New Series. Bomb. H. Ct. Rep. Bombay High Court Reports. Bomb. Ser. . . . Bombay Series, Indian Law Reports. Bond .... Bond's Reports, U. S. Courts, Southern Dist. of Ohio. Boor Booraem's California Reports. Borr. .... Borradaile's Bombay Reports. Bos. & P., or Bos. & Pul Bosanquet & Puller's Eng. Common Pleas Reports. Bos. &P. N. R.,or Bos. & PxjI. N. R. Bosanquet & PuUer's New Reports, Eng. Common Pleas. Bosw Boswell's Scotch Court of Session Reports. Bosw. (N. Y.) . . Bosworth's New York City Superior Court Reports, vols. 14-23. Bouin Bouhiois' Bengal Reports. Bourke . Bourke's Reports, India. Bouv., or Bouv. L. D Bouvier's Law Dictionary. Bouv. Inst . . Bouvier's Institutes of American Law. Brad., or Bradf. Surr. . . Bradford's Surrogate Court Reports, N. Y. Bradf. (Iowa) Bradford's Iowa Reports. Bradl. (R. I.) . - Bradley's Rhode Island Reports. Bradw. . . . Bradwell's Illinois Appellate Court Reports. Branch . . . Branch's Florida Reports, vol. 1. Brayt. . . . Brayton's Vermont Reports. Breese ... . Breese's Illinois Reports. Brev Brevard's South Carolina Reports. Brew. (Md.) Brewer's Maryland Reports. Brew., or Brews. Brewster's Pa. Reports. Bridg J. Bridgmore's Eng. Common Pleas Reports. Bridg. O. . . . Orlando Bridgman's Eng. Common Pleas Re- ports. Blight. Brightiys Pa. Nisi Prius Reports. Brisb. (Minn.) . Brisbin's Minnesota Reports. Brit. Col. S. C. . British Columbia Supreme Court Reports. Bro. . . Browne's Pa. Reports. Bro. Ecc. . . Brooke's Eng. Ecclesiastical Reports. Bro. N. C. . . . Brooke's New Cases, Eng. King's Bench. Bro. N. P. . . . . Brown's Eng. Nisi Prius Cases. Bro. N. P. (Mich.) Brown's Michigan Nisi Prius Cases. Brock. Cas. . Brockenbrough's Virginia Cases, vol. 2. Brock. & H. Brockenbrough & Holmes' Virginia Cases, vol. 1 . Brod. & B. ... Broderip & Bingham's Eng. Common Pleas Reports. 10 ABBREVIATIONS Brod. & F. . . Broderick & Freemantle's Eng. Ecclesiastical Brooke N. C. . . Brooke's New Cases, Eng. King's Bench (Bel- lewe's Cases, temp. Henry VIII.). Broom Leg. Max., or Broom Max. Broom's Legal Maxims. Broun, or Broun Just. . . Broun's Reports, Scotch Justiciary Court. Brown Ecc. . . Brown's Eng. Ecclesiastical Reports. Brown & H. (Miss.) .... Brown & Hemingway's Mississippi Reports. Brown & L. . . . Brown & Lushington's Eng. Admiralty Reports. Browne (Mass.) . Browne's Massachusetts Reports, vols. 97-100. Browne & G. . . Browne & Gray's Massachusetts Reports, vols. 110-114. Bni., or Bruce . Bruce's Scotch Court of Session Reports. Bry. Code PI. . Bryant on Code Pleading. Bt Benedict's Reports, U. S., Southern Dist. of N. Y. Buch. Rep. .' Buchanan's Cape of Good Hope Reports. Bufi. Super. Ct (N. Y.) . . . Buffalo Superior Court Reports, of N. Y. Bulst. . . Bulstrode's Eng. King's Bench Reports. Bunb. . . . Bunbury's Eng. Exchequer Reports. Bur. Burrow's Eng. King's Bench Reports. Burd. Part. Burdick on Partnership. Burd. Cas. Part. . Burdick's Cases on Partnership. Burd. Sales . . Burdick on Sales. Burd. Cas. Sales Burdick's Cases on Sales. Burd. Torts . Burdick on Torts. Burm. L, R. . . Burmah Law Reports. Bum Burnett's Wisconsin Reports. Busb Busbee's North Carolina Law Reports, vol. 44. Busb. Eq Busbee's North Carolina Equity Reports, vol. 45. Bush Bush's Kentucky Reports. C. A Court of Appeal; Court of Arches; Chancery Appeals. C. B Chief Baron; Common Bench; Eng. Common Bench Reports, by Manning, Granger, & Scott. C. B. N. S. ... English Common Bench Reports, New Series, by Manning, Granger, & Scott. C. C' Circuit Court; Chancery Cases; Crown Cases; County Court; City Court; Cases in Chancery; Civil Code; Cepi Corpus. CCA U. S. Circuit Courts of Appeals Reports; County Court Appeals, English. C, C Chron. . . . Chancery Cases Chronicle, Ontario. c. C. R. . . c. E. Gr. . . c. H. Rec. . c. H. Rep. c. H. &A. c. J c. J. C. P. . c. J. K. B. . c. J.Q.B. c. J. U. B. c. L. . . . c. L.J c. L. J. N. S. c. L. P. Act c. L. R. c. M. R. c. N c. N. P. C. c. P. . c. P. Coop. c. P. C. c. P. Div. c. P. Rept. c. P. U. C. c. S. . c. W. Dudl. Eq. c. &A c. &F. . c. &J. . . . c. &K. . . c. & L. C. C. c. &M. c. & Marsh. c. &P. . Ca L. resp. . . Cs 1. sa. Cai. . . Cai. Cas. Cal. . . CaU Calth. . Cam ABBREVIATIONS 11 City Courts Reports, New York City. C. E. Green's New Jersey Chancery Reports, vols. 2-4. City Hall Recorder (Rogers), New York City. City Hall Reporter (Lomas), New York City. Carron, Hammerton, & Allen's New Session Cases, English. Chief Justice. Chief Justice of the Common Pleas. Chief Justice of the King's Bench. Chief Justice of the Queen's Bench. Chief Justice of the Upper Bench. Common Law; Civil Law. Central Law Journal. Canada Law Journal, New Series. EngUsh Common Law Procedure Act. Common Law Reports, English. Crompton, Meeson, & Roscoe's Eng. Exchequer Reports. Code Napoleon. Campbell's EngUsh Nisi Prius Cases. Code of Procedure; Common Pleas; Code Penal. C. P. Cooper's English Reports. Code de Procedure Civile. Common Pleas Division, Eng. Law Reports. Common Pleas Reporter, Soranton, Pa. Common Pleas Reports, Upper Canada. Scotch Court of Sessions. C. W. Dudley's South Carolina Equity Reports. Cooke & Alcock's Irish King's Bench and Ex- chequer Reports. Clark & FinneUy's Eng. House of Lords Reports. Crompton & Jervis' Eng. Exchequer Reports. Carrington & Kirwan's Eng. Nisi Prius Reports. Cane & Leigh's Crown Cases. Crompton & Meeson's Eng. Exchequer Reports. Carrington & Marshman's Eng. Nisi Prius Reports. Carrington & Payne's Eng. Nisi Prius Reports. Capias ad respondendum. Capias ad satisfaciendum. Caines' Supreme Court, N. Y. Reports. Caines' Cases Court of Errors, N. Y. California Reports. Call's Virginia Reports. Calthorpe's Eng. King's Bench Reports. Cameron's Upper Canada Queen's Bench Reports, 12 ABBREVIATIONS Camp. N. P. Can Can. L. T. . Can. S. C. Rep. Cap. Car. . . . 13 Car. n. . Car. H. & A. Car. & Kir. . Car. & Mar. Car. & P. Carp. . . Cart. . . Cart. (Ind.) Carth. . Cary . . Cas. . . Cas. App. . Cas. Eq. . Cas. H. of L. Cas. Pr. (Cape Cas. S. C. of G. H.) Ch. . [1891] Ch. . Ch. Cham. (Ont.). Ch. Div. . . Chamh. Chan. . . Chand. N. H. Chand. (Wis.). . Chap. Cas. Cr. L. . Char. Merc. Charlt. Charlt. R. M. Chev. Chev. Ch., or Chev. Eq. . Chip. D. Chip. N. Chit. B. C. Chit. Rep. Chr. Rep. . Campbell's Eng. Nisi Prius Reports. Canon; Canada. Canadian Law Times. Canada Supreme Court Reports. Capitulum; Chapter. Carolus, — Charles. The thirteenth year of the reign of King Charles II. Carrow, Hamerton, & Allen's Reports, Eng. Ses- sion Cases. Carrington & Kirwan's Eng. Nisi Prius Reports. Carrington & Marshman's Eng. Nisi Prius Reports. Carrington & Payne's Eng. Nisi Prius Reports. Carpenter's California Reports. Carter's Eng. Common Pleas Reports. Carter's Indiana Reports. Carthew's Eng. King's Bench Reports. Gary's Eng. Chancery Reports. Casey's Pennsylvania Reports. Cases on Appeal to the House of Lords. Cases in Equity, Gilbert's Eng. Reports. Cases in the English House of Lords, 1814-1819. Cases of Practice in the Court of the King's Bench from Eliz. to 14 Geo. III. Cases in the Supreme Court, Cape of Good Hope. Chancery. English Chancery Cases; Law Reports, 1st Series, 1891. Same in other years. Chancery, Chambers' Ontario Reports. Chancery Division, Law Reports. Chambers' Upper Canada Reports. Chancey's Michigan Reports. Chandler's New Hampshire Reports, vols. 20, 38-44. Chandler's Wisconsin Reports. Chaplin's Cases on Criminal Law. Charta Mercatoria. T. U. P. Charlton's Georgia Reports. R. M. Charlton's Georgia Reports. Cheves' South Carolina Law Reports. Cheves' South Carolina Chancery Reports. D. Chipman's Vermont Reports. N. Chipman's Vermont Reports. Chitty's Eng. Bail Court Reports. Chitty's Eng. Bail Court Reports. Chamber Upper Canada Reports. ABBREVIATIONS 13 Cin. Rep., or Cine, (Ohio) CI. App. . . . Civ. Proc. R. CI. Ch. . . Clark .... Clark (Ala.) . Clark & Fin. N. S. Clarke (Iowa) Clarke (Mich.) Clarke (N. Y.) Clayt. Clif . & R. Clif. & St. Cliff. . . Co Co. Ct. Cas. Co. Ct. Rep. Co. Inst. Co. Litt. . . Co. P. C. Co. Pal. . Co. Rep. Cobb . Cochr. Cocke (Ala.) Cocke (Fla.) Cod. Jut. Civ. Code Civ. Code La. Code Nap. Code P. . Coke Coke Inst. Coke Lit. Col. . . Coldw. . Cole Cole. & C. CoU. . . Colq. . . Com. . . Com. B. . Cincinnati Superior Court Reports. Clark's Eng. House of Lords Appeal Cases. New York Civil Procedure Reports. Clarke's N. Y. Chancery Reports. Clark's Eng. House of Lords Appeal Cases. Clark's Alabama Reports, vol. 58. Clark & Finnelly's Eng. House of Lords Reports, New Series. Clarke's Iowa Reports. Clarke's Michigan Reports. Clarke's New York Chancery Reports. Clayton's Reports, English York Assize. Clifford & Richard's English Locus Standi Reports. CUfford & Stephens' English Locus Standi Reports. Clifford's Reports, U. S. 1st Circuit. Coke's Eng. King's Bench Reports. County Court Cases, English. County Court Reports, Pa. Coke's Institutes. Coke on Littleton (1st Inst.). Coke's Pleas of the Crown (3d Inst.). County Palatine. Coke's Eng. King's Bench Reports. Cobb's Georgia Reports. Cochran's Nova Scotia Reports. Cocke's Alabama Reports, n. s., vols. 15-18. Cocke's Florida Reports, vols. 14^16. Codex Juris Civilis; Justinian's Code. Code Civil, or Civil Code of France. Civil Code of Louisiana. Code Napoleon; Civil Code. Code P6nal. Coke's Eng. King's Bench Reports. Coke's Institutes. Coke on Littleton. Colorado Reports. Coldwell's Tennessee Reports. Cole's Iowa Reports. Coleman & Caines' Cases, New York. Collyer's Eng. Chancery Reports. Colquitt's Reports (1 Modem Reports). Comyn's Eng. King's Bench and Common Pleas Reports. English Common Bench Reports, by Manning, Granger, & Scott. 14 ABBREVIATIONS Com. B. N. S. . English Common Bench Reports, New Series, by Manning, Granger, & Scott. Com. P. Div. . . Common Pleas Division, Eng. Law Reports. Comb. . . Comberbach's Eng. King's Bench Reports. Coms. . . . Comstock's New York Ct. of Appeals Reports, vols. 1-4. Con Conover's Wisconsin Reports, vols. 16-88. Conf. Chart. . . . Confirmatio Chartarum. Conn Connecticut Reports. Cont. .... Contra. Cooke (Tenn.) Cooke's Tennessee Reports. Cooke & AI. . Cooke & Alcock's Irish King's Bench Reports. Cooley Const. L. . Cooley on Constitutional Law. Cooley Const. Lim. Cooley on Constitutional Limitations. Corp. Jur. Can. Corpus Juris Canonici. Corp. Jur. Civ. Corpus Juris Civilis. Corry. Corryton's Calcutta Reports. Court CI. . . U. S. Court of Claims Reports. Court. & Macl. . Courteney & Maclean's Scotch Appeals (6-7 Wil- son & Shaw). Cow Cowen's New York Reports. Cox, Cox Ch., or Cox Eq. Cox's Eng. Chancery Reports. Cox (Ark.) Cox's Arkansas Reports. Cox C. C, or Cox Cr. Cas. . . . Cox's Criminal Cases, English. Coxe . . . Coxe's New Jersey Law Reports, vol. 1. Cr., or Cra. . . . Cranch's U. S. Supreme Court Reports. Cr.C.C.jOrCra.C.C. Cranch's Reports U. S. Circuit Court, Dist. of Columbia. Cr. Cas. Res. . Crown Cases Reserved, Law Reports. Cr. & St. . Craigie & Stewart, Scotch House of Lords Re- ports. Crabbe . Crabbe's Reports, District Court of U. S., Eastern District of Pa. Craig. & St. . . . Craigie, Stewart, & Raton's English House of Lords Reports, Appeals from Scotland. Craw. & D. . . Crawford & Dix's Reports, Irish Circuit Cases. Creasy (Ceylon) .' Creasy's Ceylon Reports. Crim. Con. . Criminal Conversation; Adultery. Critch Critchfield's Ohio Reports. Cro. . . . Croke's Eng. King's Bench Reports. Cro. Car. . Croke's Reports temp. Charles I. (3 Cro.). Cro. Eliz. . Croke's Reports temp. Elizabeth (1 Cro.). Cro. Jac. . . Croke's Reports temp. James I. (2 Cro.). Cromp. Exch. R. . Cr;mpton's Eng. Exchequer Reporti, ABBREVIATIONS 15 Cromp. M. & R. Grompton, Meeson, & Roscoe's Eng. Exchequer Reports. Cromp. & J. . . . Grompton & Jervis' Eng. Exchequer Reports. Cromp. & M. . . Grompton & Meeson's Eng. Exchequer Reports. Crowth. (Ceylon) . Growther's Geylon Reports. Cruise Dig., or Cruise R. P. . Gruise's Digest of the Law of Real Property. Ct. of App. . . Gourt of Appeals. Ct. of CI. . . Gourt of Claims Reports, U. S. Ct. of Err. . . Gourt of Error. Ct. of Gen. Sess. Gourt of General Sessions. Ct. of Sess. Gourt of Session. Ct. of Spec. Sess. Court of Special Sessions. Cul. Culpabilis, — guilty. Cummins Cummins' Idaho Reports. Cun. Cunningham's Eng. King's Bench Reports. Cur. Adv. Vult Curia Advisare Vult, — the court wishes to consider the matter. Cur. Can. . Cursus Gancellariae. Curry. . . Curry's Louisiana Reports, vols. 6-19. Curt. . . Curteis' Eng. Ecclesiastical Reports. Curt. C. C. Curtis' Reports, U. S. Circuit Court, 1st Circuit. Curt. Cond. Curtis' Condensed Reports, U. S. Supreme Court. Curt. Dec. . Curtis' U. S. Courts Decisions (Condensed). Curt. Ecc. Curteis' Eng. Ecclesiastical Reports. Curt. Jut. . Curtis on the Jurisdiction of the U. S. Courts. Cush. . . Cushing's Massachusetts Reports. Cushm. . Cushman's Mississippi Reports, vols. 23-29. Cust. de Norm. . Gustome de Normandie. Cyc. Cyclopaedia of Law and Procedure, New York. D. . . . Decree; D6cret; Dictum. D. B Domesday Book. D. C. .... District Gourt; District of Columbia. D. C. L. . Doctor of the Civil Law. D. Chip. . . . D. Chipman's Vermont Reports. D. F. & J. ... DeGex, Fisher, & Jones' Eng. Chancery Reports. D. J. & S DeGex, Jones, & Smith's Eng. Chancery Reports. D. M. & G. . . . DeGex, Macnaghten, & Gordon's Eng. Chancery Reports. D. N. S Dowling's Reports, New Series, Eng. Bail Court Reports. D. P Domus Procerum, — House of Lords. D. S Deputy Sheriff. D. & B. C. C. . . Dearsly & Bell's Eng. Crown Cases Reserved. D. & C. . . . Dow & Clark's Eng. House of Lords Reports. 16 D. &E. D. & J. . . D. & J. B. . D. & L. . . D. & M. . D. & P. . . D. & R. . . D. & R. N. P. D. &S. . . D. & Sm. . D. & Sw. . D. & W. . D. & War. . Dak. C Dal. . . Dale Ecc. . Dall. . . DaU. (Tex.) Daly . . . Dan. Dana . . . Dane Abr. . Danner . . Das. Dav. . . . Dav. (U. S.). Dav. & M. Daveis Davis Rep. Day . . . DeG. . . . DeG. F. & J. DeG. J. & S. DeG. M. & G DeG. & J. DeG. & Sm. Dea. & Sw. Deady . . Deane . . Deane Ecc. Dears. Dears. & B. ABBREVIATIONS Durnford & East, Eng. King's Bench, Term Reports. DeGex & Jones' Eng. Chancery Reports. DeGex & Jones' Eng. Bankruptcy Reports. Dowling & Lowndes' Eng. Bail Court Reports. Davison & Merivale's Eng. Queen's Bench Reports. Dennison & Pearce's Eng. Crown Cases. Dowling & Ryland's Eng. King's Bench -Reports. Dowling & Ryland's Eng. Nisi Prius Cases. Doctor and Student. Drew & Smales' Eng. V. C. Reports. Deane & Swabey, Eng. Ecclesiastical Reports. Drury & Walsh's Irish Chancery Reports. Drury & Warren's Irish Chancery Reports. Dakota Reports. Dalison's Eng. Common Pleas Reports, (Benloe & Dalison). Dale's Eng. Ecclesiastical Reports. Dallas' Reports, U. S. Supreme Court, and Pa. Courts. Dallam's Texas Reports. Daly's New York Common Pleas Reports. Daniels' Eng. Exchequer Reports. Dana's Kentucky Reports. Dane's Abridgment. Danner's Alabama Reports, vol. 42. Dasent's Common Law Reports, vol. 3. Davies' Irish King's Bench Reports. Daveis' Reports, U. S. Dist. of Maine (2d Ware). Davison & Merivale's Eng. Queen's Bench Reports. Daveis' Reports, U. S. Dist. of Maine. Davis' Sandwich Island Reports. Day's Coimecticut Reports. DeGex's Eng. Bankruptcy Reports. DeGex, Fisher, & Jones' Eng. Chancery Reports. DeGex, Jones, & Smith's Eng. Chancery Reports. DeGex, Macnaghten, & Gordon's Eng. Chancery Reports. DeGex & Jones' Eng. Chancery Reports. DeGex & Smale's Eng. Chancery Reports. Deane & Swabey's Eng. Ecclesiastical Reports. Deady's Reports, U. S. Dist. of Oregon. Deane's Vermont Reports. Deane's Eng. Ecclesiastical Reports. Dearsly's Crown Cases Reserved. Dearsly & Bell's Crown Cases Reserved. ABBREVIATIONS 17 Deas & And. Deft Del Del. Ch. . . Del. Cr. Cas. Delehanty . Dem Den., or Denio . . Den. C. C. . Dens. . . Des., Dess., or Dessaus. . Dev.,orDev.Ct. CI. Dev. Eq. Dev. L. . . Dev. (W. C.) Dev. & B. Eq. Dev. & B. L. . . . Dewitt . . Di. (or Dy.) Dice (Ind.) Dicey Part. Dick. Diet Dig. Dill. Dill. Mun. Corp, Disn. Div. Div. & Matr. C. Doct. & Stud. . Dods. Dom., or Domat Domesd. Donn. Dor. (Quebec ) Doug Doug. (Mich.) Dow, or Dow P. C. Deas & Anderson's Scotch Court of Session Cases. Defendant. Delaware Reports. Delaware Chancery Reports. Delaware Criminal Cases, by Houston. Delehanty's New York Miscellaneous Reports. Demarest's New York Surrogate Reports. Denio' s New York Reports. Denison's Crown Cases. Denslow's Michigan Reports. Dessaussure's South Carolina Reports. Devereux's Reports, U. S. Court of Claims. Devereux's North Carolina Equity Reports, vols. 16-17. Devereux's North Carolina Law Reports, vols. 12-15. Devereux's North Carolina Law Reports, 1826- 1834, 4 vols. Devereux & Battle's North Carolina Equity Re- ports, vols. 21-22. Devereux & Battle's North Carolina Law Reports, vols. 18-20. Dewitt's Ohio Reports. Dyer's Eng. King's Bench Reports. Dice's Indiana Reports. Dicey on Parties to Actions. Dickens' Eng. Chancery Reports. Dictionaiy. Digest, especially the Digest of Justinian. Dillon's Report, U. S. 8th Circuit. Dillon on Municipal Corporations. Disney's Reports, Superior Court of Cincinnati, Ohio. Division, Courts of the High Court of Justice. Divorce and Matrimonial Causes Court. Doctor and Student. Dodson's Eng. Admiralty Courts Reports. Domat on Civil Law. Domesday Book. Donnelly's Eng. Chancery Reports. Dorion's Quebec Queen's Bench Reports. Douglass'' English King's Bench Reports. Douglass' Michigan Reports. Dow's Eng. House of Lords Cases. 2 18 ABBREVIATIONS Dow & C, or Dow N. S. Dowl. . . . Dowl. N. S. . . Dowl. Pr. C. . . . Dowl. Pr. C. N. S. Dowl. & L. ... Dowl. & Ry. . . . Dowl. & Ry. M. C. Dowl. & Ry. N. P. Draper . . Drew., or Drewry Drew (Fla.) Drew. & S., or Drewry & Sm. Drinkw. . Dru., or Drury. Dru. & Wal. Dru. & War. Dud., or Dud. Ga. Dud. Ch., or Dud. Eq. Dud. L., or Dud. S. C. Duer Dunl. Dunl. B. & M. Durf. (R. I.) Dumf. & E. Dutch. . . . Duv. (Can.) Duv. . . . Dyer E. E E. B. & E. . E. B. & S. . . E. C. L. . E. D. S. . E. E Dow & Clark's Eng. House of Lords Cases. Dowling's Eng. Bail Court Reports. Bowling's Eng. Bail Court Reports, New Series. Dowling's Reports, Eng. Practice Cases. Dowling's Reports, New Series, Eng. Practice Cases. Dowling & Lowndes' Eng. Bail Court and Prac- tice Cases. Dowling & Ryland's Eng. King's Bench Reports. Dowling & Ryland's Eng. Magistrate Cases. Dowling & Ryland's Eng. Nisi Prius Cases. Draper's Upper Canada King's Bench Reports. Drewry's Eng. Chancery Reports. Drew's Florida Reports. Drewry & Smale's Eng. Chancery Reports. Drihkwater's Eng. Common Pleas Reports. Drury's Irish Chancery Reports. Drury & Wa,lsh's Irish Chancery Reports. Drury & Warren's Irish Chancery Reports. Dudley's Georgia Reports. Dudley's South Carolina Equity Reports. Dudley's South Carolina Law Reports. Duer's New York Superior Court Reports, vols. 8-13. Dunlop, Bell, & Murray's Scotch Court of Session Reports (Second Series, 1838-62). Dunlop, Bell, & Murray's Scotch Court of Session Reports (Second Series, 1838-62). Durfee's Rhode Island Reports. Dumford & East's Eng. King's Bench Reports; Term Reports. Dutcher's New Jersey Law Reports. Duvall's Canada Supreme Court Reports. Duvall's Kentucky Reports. Dyer's Eng. King's Bench Reports. Easter Term; King Edward. East's Eng. King's Bench Reports. Ellis, Blackburn, & Ellis' Eng. Queen's Bench Reports. (Ellis), Best & Smith's Reports. English Common Law Reports. E. D. Smith's New York Common Pleas Reports. EngUsh Exchequer. ABBREVIATIONS 19 E. E. R. . . E. L. & Eq. E. P. C. . . E. R. . E. T. E. & A. R. . E. & B. E. &E. Ea., or East East P. C. . East. Rep. . Ec. & Ad. . Eccl. Rep. Ed Eden Edg. . . Edg. C. Edict Edw. I Edw. I. . . Edw. (Mo.) Edw. Aden. Edw. Ch. El. B. & E. El. B. & S. EI. &B. . El. & El. Eliz Encyc. PI. & Pr. . Encycl. Eng. . . Eng. Adm. R. Eng. Ch. . Eng. C. L., or Eng. Com. L. R. Eng. Eccl. , Eng. Ezch. . Eng. Ir. App. Eng. L. & Eq. R. Eng. R. & C. Cas. Eng. Sc. Ecc. Eod. . Eq Eq. Cas. . Err. & App. English Ecclesiastical Reports. English Law and Equity Reports. East's Pleas of the Crown. East's Eng. King's Bench Reports. Easter Term. Error and Appeal Reports, Ontario. Ellis & Blackburn's Eng. Queen's Bench Reports. Ellis & Ellis' Eng. Queen's Bench Reports. East's Eng. King's Bench Reports. East's Pleas of the Crown. Eastern Reporter. Spink's Ecclesiastical and Admiralty Reports. Ecclesiastical Reports. Edition; Edited; King Edward. Eden's Eng. Chancery Reports. Edgar's Reports, Scotch Court of Session. Canons enacted under King Edgar. Edicts of Justinian. King Edward. The first year of the reign of King Edward I. Edwards' Missouri Reports. Edwards' Eng. Admiralty Reports. Edwards' New York Chancery Reports. Ellis, Blackburn, & Ellis' Eng. Queen's Bench Reports. Ellis, Best, & Smith's Eng. Queen's Bench Reports. EUis & Blackburn's Eng. Queen's Bench Reports. EUis & Ellis' Eng. Queen's Bench Reports. Elizabeth. Encyclopaedia of Pleading & Practice. Encyclopaedia. English's Arkansas Reports. English Admiralty Reports. English Chancery Reports. English Common-Law Reports. English Ecclesiastical Reports. English Exchequer Reports. English Law Reports, Eng. and Irish Appeal Cases. English Law and Equity Reports. English Railroad and Canal Cases. English and Scotch Ecclesiastical Reports. Eodem. Equity. Equity Cases, vol. 9, Modem Reports. Error and Appeals Reports, Upper Canada. 20 ABBREVIATIONS Esp Espinasse's Eng. Nisi Prius Reports. Esq. . . . Esquire. Et al. Et alii, — and^ others. Evans Evans' Washington Territory Reports. Evans Pothier Evans' Pothier on Obligations. Ew. Med. Jut. . Ewell's Medical Jurisprudence. Ex. . Exchequer Reports, English. Ex., or Exr. . Executor. Ex. D English Law Reports, Exchequer Division. Ex. rel. . . Ex relatione. Exch Exchequer Reports, English; (Welsby, Hurlstone, & Gordon's Reports). Exch. Cas. Exchequer Cases, Scotland. Exch. Chamb. Exchequer Chamber. Exch. Div. . . . Exchequer Division, English Law Reporta. Exec. . Execution; Executor. Exp. . . . Ex parte; Expired. Expl. . Explained. Ext. . . Extended. Eyre . ,. Eyre's Eng. King's Bench Reports, temp. Wil- liam III. F. B. R. . . FuU Bench Rulmgs, Bengal. F. B. R. N. W. P. Pull Bench Rulings, Northwest Provinces, India. F. C. R. . . Fearne on Contingent Remainders. F. & F. . Poster & Pinlason's Eng. Nisi Prius Reports. F. & S. . Fox & Smith's Irish King's Bench Reports. Fairf Fairfield's Maine Reports. Falc Falconer's Reports, Scotch Court of Session. Far Farresley's Reports, English King's Bench, Modern Reports, vol. 7. Fed The Federalist. Fed. Rep. . . . The Federal Reporter. Fent. (New Zea- land) Penton's New Zealand Reports. Ferg. . . . Fergusson's Scotch Consistorial Court Reports. Ff. ... Pandects of Justinian. Fi. fa. Fieri facias. Fin. . . Finch's Eng. Chancery Reports. Finl. Rep. . Finlason's Report of the Gumey Case. Fish. Pat. Rep. . Fisher's Patent Reports. Fish. Pr. Cas. . Fisher's Prize Cases, U. S. Courts, Pa. Fitz-Gi Fitz-Gibbon's Eng. Reports. Fitz. N. B. . Fitzherbert's Natura Brevium. Fla. . . Florida Reports. Flan. & K. . . Flanagan & Kelly's Irish Rolls Court Reports. Fland. Ch. J. . Flanders' Lives of the Chief Justices. ABBREVIATIONS 21 FUpp Flippin's U. S. C. C. Reports. Fogg Fogg's New Hampshire Reports. Fol Folio. For. .... Forrest's Eng. Exchequer Reports. Form. ... . Forman's Illinois Reports. Fort. . . . Forrester's Eng. Chancery Reports, Cases temp. Talbot. Forrest . . Forrest's Eng. Exchequer Reports. Fortes. . . Forteacue's Eng. Reports. Fost. .... Foster's Legal Chronicle Reports, Pa. Fost. . . Poster's Eng. Reports and Crown Law. Fost. (N. H.). Foster's New Hampshire Reports, vols. 19, 21-31. Fost. & Fin. . . Foster & Finlason's Reports, Eng. Nisi Prius Cases. Fount. . . Fountainhall's Scotch Court of Session Reports. Fox . . . Fox's Decisions (Haskell's Reports), Circuit and District Court, Maine. Fox & Sm. . . . Fox & Smith's Irish King's Bench Reports. Fr Fragment, or Excerpt, or Laws in Titles of Pandects. Fr. Ch. . . . Freeman's Eng. Chancery Reports; Freeman's Mississippi Chancery Reports. France . France's Colorado Reports. Fred. Code Frederioian Code, Prussia. Freem. Ch. . . Freeman's Reports (2d Freeman), Eng. Chancery. Freem. K. B. . . Freeman's Eng. King's Bench Reports, (1st Freeman). Freem. (HI.) . . . Freeman's Illinois Reports. Freem. (Miss.) . . Freeman's Mississippi Chancery Reports. French . French's New Hampshire Reports. Full B. R. . . Full Bench Rulings, Bengal, (or Northwest Prov- inces). Fult Fulton's Bengal Reports. G King George. I G. L . The first year of the reign of King George I. G. . Gale's Eng. Exchequer Reports. G. B. . Great Britain. G. Gr. . George Greene's Iowa Reports. G. M. Dudl. G. M. Dudley's Georgia Reports. G. & D. Gale & Davison's Eng. Exchequer Reports. G. & J. . Glyn & Jameson's Eng. Reports; Gill & Johnson's Maryland Reports. Ga. . Georgia Reports. Ga. Dec. . Georgia Decisions, Superior Courts. Ga. Sup. . . Supplement to 33 Georgia Reports. Gaii . . Gaii Institutionum Commentarii. Gaius Gaius' Institutes. 22 ABBREVIATIONS Galb Galb. & M. Gale . . Gale & Dav. . . Gall., or Gallis. . Gard. N. Y. Rept. Garden. Gay. (La.) . Gen. Ord. . Gen. Ord. in Ch. Gen. Sess. . Gen. Term Geo. . . Geo George . Gibbs Giff. . . . Giff. & H. . . Gil. (Minn.) . Gilb. Gilb. Ch. . . Gilb. Ev. . Gild. (N. M.) Gill Gill & J. . . Gilm Gilm. (111.) . Gilm. (Va.) . Gilm. & Fal. . Gilp Gl. . . Glasc. Glenn Godb. . . . Goldes. Good. R. P. Gosf. . . Gouldsb. . Gr. Cas. . . Grang. . Grant . . Grant Cas., ( Grant (Pa.) . Grant (Jamaica) Galbraith's Florida Reports, vols. 9-11. Galbraith & Meek's Florida Reports, vol. 12. Gale's Eng. Exchequer Reports. Gale & Davison's Eng. King's Bench Reports. Gallison's Reports, Circuit Ct. U. S., 1st Circuit. Gardenier's New York Reporter, New York. Gardenhire's Missouri Reports. Gayarre's Louisiana Reports. General Orders. General Order of the High Court of Chancery. General Sessions. General Term. King George. See G. Georgia Reports. George's Mississippi Reports. Gibbs' Michigan Reports. Giffard's Eng. Chancery Reports. Giffard & Hemming's Eng. Chancery Reports. Gilfillan's Miimesota Reports. Gilbert's Eng. Chancery Reports. Gilbert's Eng. Chancery Reports. Gilbert's Evidence. Gildersleeve's New Mexico Reports. Gill's Maryland Reports. Gill & Johnson's Maryland Reports. Gilmour's Scotch Court of Session Reports. Gilman's Illinois Reports. Gilmer's Virginia Reports. Gilmour & Falconer's Scotch Court of Session, Reports. Gilpin's Reports, U. S. Dist. Court, East. Dist. of Pa. Glossa, — a gloss or interpretation. Glascock's Irish Reports. Glenn's Reports, Louisiana Aimual. Godbolt's Eng. King's Bench Reports. Goldesborough's Eng. King's Bench Reports. Goodwin on Real Property. Gosford's Reports, Scotch Court of Session. Gouldsborough's Eng. King's Bench Reports. Grant's Cases, Pa. Granger's Ohio Reports. Grant's Ontario Chancery Reports. Grant's Cases, Pennsylvania Supreme Court. Grant's Jamaica Reports. ABBREVIATIONS 23 Grant U. C. Gratt. . Gray Gray Perp. Green C. E. Green Ch.,orGreen Eq. . Green L., or Green N.J Green (R. I.) Greene (Iowa) . . Greenl. . . . Gr. Ev. Grisw. (Ohio) . . Grot, Gro. B. etP., or Gro. de J. B. Guthrie H. H I H. I. . h. a. H. Bla. H. C. . H. Ct. R. N. W. P. H. H. P. C. H. L. . H. L. C. H. L. Rep. H. P. C. H. T. . h. t. h. V. H. &B. H. &C. H. & G. . H. & H. . H. & J. H. & J. It. H. & M. . H. & M. Ch. H. & McH. H. & N. . H. & R. . . Grant's Upper Canada Chancery Reports. Gratton's Virginia Reports. Gray's Massachusetts Reports. Gray on Perpetuities. C. E. Green's New Jersey Equity Reports, 16-27. vols. Green's New Jersey Equity Reports, vols. 2-4. Green's New Jersey Law Reports, vols. 13-15. Green's Rhode Island Reports, vol. 11. Greene's Iowa Reports. Greenleai's Maine Reports. Greenleaf on Evidence. Griswold's Ohio Reports. Grotius de Jure Belli et Pacis. Guthrie's Sheriff Court Cases, Scotland. Hilary Term. King Henry. The first year of the reign of King Henry I. Hoc anno. Henry Blackstone's Eng. Reports. House of Commons. High Court Reports, North West Province, India. Hale's History, Pleas of the Crown. House of Lords. House of Lords Cases (Clark's). Clark & FinneUy's House of Lords Reports, New Series. Hale's Pleas of the Crown. Hilary Term. Hoc titulum, or hoc titulo. Hoc verbum, or his verbis. Hudson & Brooke's Irish King's Bench Reports. Hurlstone & Coltman's Eng. Exchequer Reports. Harris & Gill's Maryland Reports. Horn & Hurlstone's Eng. Exchequer Reports. Harris & Johnson's Maryland Reports. Hayes & Jones' Irish Exchequer Reports. Hening & Munford's Virginia Reports. Hemming & Miller's Eng. Chancery Reports. Harris & McHenry's Maryland Reports. Hurlstone & Norman's Eng. Exchequer Reports. Harrison & Rutherford's Eng. Common Pleas Reports. 24 ABBREVIATIONS H. & S. . . . Harris & Simrall's Mississippi Reports. H. & T. Hall & Twell's Eng. Cljancery Reports. H. & W. ... Harrison & Wollaston's Eng. King's Bench Reports. H. & W Hurlstone & Walmsley's Eng. Exchequer Reports. Ha. & Tw, ... Hall & Twell's Eng. Chancery Reports. Hab. Corp. . . Habeas Corpus. Hab. fa. poss. . . Habere facias possessionem. Hab. fa. seis. . . Habere facias seisinam. Hadd Haddington's Scotch Court of Session Reports. Hadl Hadley's New Hampshire Reports. Hag. (Utah) . Hagan's Utah Reports. Hag. (W. Va.) . Hagan's West Virginia Reports. Hagg. Adm. . Haggard's Eng. Admiralty Reports. Hagg. Con. . Haggard's Eng. Consistory Reports. Hagg. Ecc. . . . Haggard's Eng. Ecclesiastical Reports. Hagn. & M. (Md.) Hagner & Miller's Maryland Reports. Hale . . Hale's California Reports. Hale P. C. . Hale's Pleas of the Crown. Hall . Hall's New York City Superior Court Reports. Hall. (Col.) Hallett's Colorado Reports. Hall (N. H.) . Hall's New Hampshire Reports. Hall & Tw. . Hall & Twell's Eng. Chancery Reports. Hallam . Hallam's Middle Ages. Hallett . . . Hallett's Colorado Reports, vols. 1-2. Halst., or Halst. L. Halsted's New Jersey Law Reports, vols. 6-12. Halst.Ch.jOrHalst. Halsted's Chancery Reports, New Jersey Equity, Eq. vols. 5-8. Ham Hamilton's Scotch Court of Session Reports. Hamm. (Ga.) . . Hammond's Georgia Reports. Hanun. (Ohio) . Hammond's Ohio Reports. Hamm. & J. . . . Hammond & Jackson's Georgia Reports, vol. 45. Han Hannay's New Brunswick Reports. Hand Hand's New York Court of Appeals Reports, vols. 40-45. Hann Hannay's New Brunswick Reports. Har. & G Harris & Gill's Maryland Reports. Har. & J Harris & Johnson's Maryland Reports. Har. & McH. . Harris & McHenry's Maryland Reports. Har. & W. . Harrison & Wollaston's Eng. King's Bench Reports. Hard. . Hardres' Eng. Exchequer Reports. Hard. (Ky.), or Har- din . . . Hardin's Kentucky Reports. Hardw. . . Cases temp. Hardwicke, Eng. King's Bench. Hare .... Hare's Eng: Chancery Reports. Harg. .... Hargrove's North Carolina Reports. ABBREVIATIONS 25 Harg. Haim, Harm, Harp. Harp. Harr. Harr. Harr. Harr. Harr. Harr. Harr. Harr. Harr. Harr. Harr. Harr. Co. Litt. (U. C.) Eq. . Cont. . (Del.) . (Ind.) . (Mich.) (N. J.) (Pa.) . Ch. &G. &J. &McH. &R. Harr. & S. Harr. & W. Harris Hart . . Harv. L. Rev, Hask. . Hast . Hav. Ch. Rep, Haw. . . Hawaii . Hawk. . Hawk. PI. C. Hawks ... Hawl. (Nev.) . . Hay (Calc.) . . . Hay. Ezch. . . Hay. & J., or Hayes & Jones . . Hayes Hayw. (N. C.) Hayw. (Tenn.) Hayw. & H. (D. C.) Head . . Heath . . Heisk. . Hehn Hargrave's Notes to Coke on Littleton. Harmon's Reports, California Reports, vols. 13-15., Harman's Upper Canada Common Pleas Reports. Harper's South Carolina Reports. Harper's South Carolina Equity Reports. Harrison's New Jersey Law Reports. Harriman on Contracts. Harrington's Delaware Reports. Harrison's Indiana Reports. Harrington's Michigan Chancery Reports. Harrison's New Jersey Law Reports, vols. 16-19. Harris' Pennsylvania Reports. Harrison's Michigan Chancery Reports. Harris & GiU's Maryland Reports. Harris & Johnson's Maryland Reports. Harris & McHenry's Maryland Reports. Harrison & Rutherford's Eng. Common Pleas Re- ports. Harris & Simrall's Mississippi Reports, vols. 49-52. Harrison & Wollaston's Eng. King's Bench Reports. Harris' Pa. Reports. Hartley's Texas Reports. Harvard Law Review. Haskell's Reports, United States Courts, Maine (Fox's Decisions). Hastings' Maine Reports. Haviland's Chancery Reports, Prince Edward Island. Hawkins; Hawaiian Reports. Hawaii (Sandwich Islands) Reports. Hawkins' Reports, Louisiana Annual. Hawkins' Pleas of the Crown. Hawks' North Carolina Reports. Hawley's Nevada Reports and Digest. Hay's Calcutta Reports. Hayes' Irish Exchequer Reports. Hayes & Jones' Irish Exchequer Reports. Hayes' Irish Exchequer Reports. Haywood's North Carolina Reports. Haywood's Tennessee Reports. Hayward & Hazleton Circuit Court Reports. Head's Tennessee Reports. Heath's Maine Reports. Heiskell's Tennessee Reports. Helm's Nevada Reports. 26 ABBREVIATIONS Hem. & MU. . . Heming. (Miss.) Hemp. Hen I Hen. I. . . Hen. Bla. . . Hen. & M. . . . Hepb. . . Hepb. (Pa.) Het. HU. T. . HiU (N. Y.). . HiU (S. C.) HiU (S. C.) Eq. . HiUCh.,orHiUEq. HiU & D. (N. Y.) HUl & Den. Sup. HUlyer ... HUt . Ho. Lord Cas. Hob. Hod. Hoff. . . Hoff. (N. Y.), or Hoff. Ch. Hoff. Land Ca. Hog. . . Hog. St. Tr. . Hogue Hoi. Inst. HoU. (Minn.) Holm. . . . Holt . . . Holt Ch. . Holt Eq. Rep. Holt N. P. Home Hook. . Hoonahan . Hope Hopk. Ch. Horn & H. . Hemming & Miller's Eng. Chancery Reports. Hemingway's Mississippi Reports. Hempstead's Reports, U. S. 9th Curcuit and Dist. of Arkansas. King Henry. The first year of the reign of King Henry I. Henry Blaokstone's Eng- Reports. Hening & Munford's Virginia Reports. Hepburn's California Reports. Hepburn's Pennsylvania Reports. Hetley's Eng. Common Pleas Reports. Hilary Term. Hill's New York Reports. HiU's South Carolina Reports. Hill, South Carolina Court of Appeals, Chancery Reports.. Hill's South Carolina Chancery Reports. Hill & Denio's New York Reports. Lalor's Supplement to Hill & Denio's Reports, New York. Hillyer's California Reports. Hilton's New York Common Pleas Reports. House of Lords Cases (Clark's). Hobart's Eng. Common Pleas and Chancery Reports. Hodge's Eng. Common Pleas Reports. Hoffman's Reports, U. S. Dist. of California. Hoffman's New York Chancery Reports. Hoffman's Land Cases, California. Hogan's Irish RoUs Court Reports. Hogan's Pennsylvania State Trials. Hogue's Florida Reports. Holland's Institutes of Justinian. HoUinshead's Minnesota Reports. Holmes' Reports, U. S. Circuit Court, 1st Circuit. Holt's Eng. King's Bench Reports. Holt's Equity V. C. Court. Holt's Eng. Equity Reports. Holt's Eng. Nisi Prius Reports. Clerk Home's Scotch Court of Session Reports. Hooker's Connecticut Reports. "Hoonahan's Scinde Reports, India. Hope's Scotch Court of Session Reports. Hopkins' New York Chancery Reports. Horn & Hurlstone's Eng. Exchequer Reports. ABBREVIATIONS 27 Horr. & T. Cas. . Horw. Y. B. (Hor- wood's) . . Houst. . . Houst. Cr. Cas. . How. How. (Miss.) How. App. Cas., or How. (N. Y.) . How. St. Tr. . How. U. S. How. Civ. L. . Hubb. . . . Hud. & B. . Huff. Ag. . . . Huff. Cas. Ag. Hugh. . . Hugh. (Ky.) Hum. (Tenn.) Humph. . Hun . . . Hurlst. & C. Hurlst. & G. Hurlst. & N. , Hurlst. & W. Hut. Hyde . I. C. C. R. . I. C. L. R. I. C. R. I. E. R. lO. U. I. R. C. L. I. R. Eq. la. lb., or Id. Ida. . . ni. . HI. App. . Inf. ... In pr In sum. . . . Ind Ind. App. . , Horrigan & Thompson's Cases on Self Defense. Year-Books of Edward I. Houston's Delaware Reports. Houston's Criminal Cases, Delaware. Howard's U. S. Supreme Court Reports. Howard's Mississippi Reports. Howard's N. Y. Court of Appeals Reports. Howell's State Trials. Howard's U. S. Supreme Court Reports. Howe's Studies in the Civil Law. Hubbard's Maine Reports. Hudson & Brooke's Irish King's Bench Reports. Huffcut on Agency. Huffcut's Cases on Agency. Hughes' Reports, U. S. Circuit Court, 4th Circuit. Hughes' Kentucky Reports. Humphrey's Tennessee Reports. Humphrey's Tennessee Reports. Hun's Reports, New York Supreme Ct., vol. 81. Hurlstone & Coltman's Eng. Exchequer Reports. Hurlstone & Gordon's Eng. Exchequer Reports. Hurlstone & Norman's Eng. Exchequer Reports. Hurlstone & Walmsley's Eng. Exchequer Reports. Button's Eng. Common PleaS Reports. Hyde's Reports, India. Interstate Commerce Commission Reports. Irish Common Law Reports. Irish Chancery Reports. Irish Equity Reports. I owe you. Irish Reports, Common Law Series. Irish Reports, Equity Series. Iowa Reports. Ibidem, or Idem, — the same. Idaho Reports. Illinois Reports. ' Illinois Appellate Court Reports. In fine, — at the end of the title, law, or para- graph quoted. In principio, — at the beginning of a law, before the first paragraph. In summa, — in the summary. Indiana Reports. Law Reports, Indian Appeals. 28 ABBREVIATIONS Ind. App. Sup. . . Indian Appeals Supplement, P. C. Ind. L. R. . . . (East) Indian Law Reports. Ind. L. R. All. Allahabad Series of Indian Law Reports. Ind. Super. . . . Indiana Superior Court Reports (Wilson's). Ind. T. . Indian Territory. Inf Infra, — beneath or below. Inj. ... . Injunction. Ins Insurance; Insolvency. Inst Institutes; preceded by a number thus: (1 Inst.), the reference is to Coke's Institutes; where a number follows thus: (Inst. 1), the Institutes of Justinian are referred to. Int. Com. Rep. Interstate Commerce Reports. Iowa .... Iowa Reports. Ir Irish; Ireland. Ir. C. L., or Ir. L. N. S. Irish Common Law Reports. Ir.Ch.,orIr.Ch.N. S Irish Chancery Reports. Ir. Cir Irish Circuit Reports. Ir. Eccl Irish Ecclesiastical Reports (Milward's). Ir. Eq Irish Equity. Ir. Law & Ch. . . Irish Law and Equity Reports, New Series. Ir. Law & Eq. . Irish Law and Equity Reports, Old Series. Ir. Law Rep. N. S. Irish Common Law Reports. Ir. R. C. L. . . Irish Reports, Common Law Series. Ir. R. Eq. .... Irish Reports, Equity Series. It. Rep. Reg. App. Irish Reports, Registration Appeals. Ir. Rep. Reg. & L. Irish Reports, Registry and Land Cases. Ired. L. . . . Iredell's North Carolina Law Reports. Ired. Eq. . . Iredell's North Carolina Equity Reports. J Justice. J. C Juris Consultus. J. C. P. . . Justice of the Common Pleas. J. et J. . . . De Justitia et Jure. J. Glo Juncta Glossa. JJ. Justices. J. J. Mar. . . . . J. J. Marshall's Kentucky Reports. J. K. B Justice of the King's Bench. J. Kel J. Kelyng's Eng. King's Bench Reports. J. P Justice of the Peace. J. P. Sm. . . . J. P. Smith's Eng. King's Bench Reports. J. S. Gr. (N. J.) J. S. Green's New Jersey Reports. J. Q. B. . . Justice of the Queen's Bench. J. TJ. B Justice of the Upper Bench. J. & H Johnson & Hemming's Eng. Chancery Reports. ABBREVIATIONS 29 J. & LaT. . . . Jones & LaTouche's Irish Chancery Reports. J. & W. . . . Jacobs & Walker's Eng. Chancery Reports. Jac. . King James. I Jac. I . The first year of the reign of King James I. Jac. . . . Jacob's Eng. Chancery Reports. Jac. & W. . . Jacob & Walker's Eng. Chancery Reports. Jack. . ... Jackson's Georgia Reports. Jack. Tex. App. . ' Jackson's Texas Court of Appeals Reports. Jackson & Lump- kin (Ga.) . . Jackson & Lumpkin's Georgia Reports. James . James' Nova Scotia Reports. Jan. Angl. . . Jani Anglorum. Jar. Wills . Jarman on Wills. Jctus Jurisconsultus. Jebb Cr. Cas., or Jebb Jr. Cr. Cas. Jebb's Irish Crown Cases. Jebb & B. . Jebb & Bourke's Irish Queen's Bench Reports. Jebb & S. . Jebb & Symes' Irish Queen's Bench Reports. Jeff. . . Jefferson's Virginia Reports. Jenk. . . . Jenkin's Eng. Exchequer Reports. Jenn. . . . Jennison's Michigan Reports. Jo. & LaT. . Jones & LaTouche's Irish Chancery Reports. John. & H. . . Johnson & Hemming's Eng. Chancery Reports. Johns Johnson's New York Reports. Johns. Cas. . . Johnson's Cases, New York Supreme Court. Johns. Ch. . . . Johnson's New York Chancery Reports. Johns. Ch. . . Johnson's Eng. Chancery Reports. Johns. Ch. (Md.), or Johns. Dec. Johnson's Maryland Chancery Decisions. Johns. Ch. (N. Y.), or Johns. Ch. Cas. . . . Johnson's New York Chancery Reports. Johns. Ct. Err. . Johnson's Reports, N. Y. Court of Errors. Johns. (Md.) . . Johnson's Maryland Reports Johns. (New Zea- land) Johnson's New Zealand Reports. Johns. U. S. Johnson's Reports, U. S. 4th Circuit (Chase's Decisions). Johns. V. Ch. Cas. Johnson's Cases in Vice-Chancellor Wood's Court. Johns. & H. . Johnson & Hemming's Eng. Chancery Reports. Johnst. N. Z. . . Johnston's New Zealand Reports. 1 Jon. Wm. Jones' Eng. King's Bench and Common Pleas Reports. 2 Jon. . . . Thos. Jones' Eng. King's Bench and Common Pleas Reports. Jon. (Ala.) .... Jones' Reports, Alabama, vol. 62. 30 ABBREVIATIONS Jon. (Mo.) . . . Jones' Missouri Reports. Jon. (N. C.) . . Jones' North Carolina Reports. Jon. (N. C.) Eq. Jones' North Carolina Equity Reports. Jon. (Pa.) . . . Jones' Pa. Reports. Jon. (U. C.) . Jones' Upper Canada Reports. Jon. B. & W. Jones, Barclay, & Whittelsey's Reports, Missouri, vol. 31. Jon. Eq. . . Jones' North Carolina Equity Reports. Jon. Exch., or Jon. Jr. Exch. . . . Jones' Irish Exchequer Reports. Jon. T Thos. Jones' Eng. King's Bench and Common Pleas Reports. Jon. W Wm. Jones' Eng. King's Bench and Common Pleas Reports. Jon. & C. . Jones & Cary's Irish Exchequer Reports. Jon. & LaT. . . . Jones & LaTouche's Irish Chancery Reports. Jon. & S. . . . Jones & Spencer's Reports, New York City Superior Court, vols. 33-46. Jones, B. & W. (Mo.) Jones, Barclay, & Whittelsey's Reports, Missouri Supreme Court (31 Missouri). Jud Judgment; Judicial; Judicature. Jud. & Sw. (Ja- maica) .... Judah & Swan's Jamaica Reports. Just. Inst. . . . Justinian's Institutes. K. B ■ King's Bench. K. C King's Council. K. & J. . . Kay & Johnson's Eng. Chancery Reports. Kan., or Kans. . . Kansas Reports. Kay Kay's Eng. Chancery Reports. Kay & J. .... Kay & Johnson's Eng. Chancery Reports. K. B. (U. C). . . King's Bench Reports, Upper Canada. Keb., or Keble . . Keble's Eng. King's Bench Reports. Keen . Keen's Eng. Rolls Court Reports. Keil., or'Keilw. . Keilway's Eng. King's Bench Reports. Kel. Ga. . Kelly's Reports, Georgia Reports, vols. 1-3. Kel. W., or 2 Kel. W. Kelynge's Eng. Chancery and King's Bench Reports. Kel. & C, or KeUy & C. ... Kelly & Cobb's Georgia Reports. Kelly Kelly's Georgia Reports. Ken. . . . Kentucky Reports. Ken. (N. C.) . . . Kenan's North Carolina Reports. Kent Kent's Commentaries on American Law. Kern Kernan's Reports, New York Court of Appeals, vols. 11-14. ABBREVIATIONS 31 Kerr Kerr's Indiana Reports. Kerr (N. B.) . . Kerr's New Brunswick Reports. Keyes Keyes' Reports, New York Court of Appeals, (39-41 N. Y.) Kilk. .... Kilkerran's Reports, Scotch Court of Session. King . . . . King's Reports, Louisiana Annual. Kirby . . Kirby's Connecticut Reports. Kn., or Knapp . Knapp's Eng. Privy Council Reports. Kn. A. C, or Knapp A. C. Knapp's Appeal Cases. Kn. & M., or Knapp & M. . . Knapp & Moore's Eng. Privy Council Reports. Knowles . Knowles' Rhode Island Reports. Kulp . . . Kulp's Pa. Reports. Ky. . . . Kentucky Reports. Ky. Dec. . . . Kentucky Decisions, Sneed's Reports. Ky. L. Rep. . . . Kentucky Law Reporter. L. . . . . Law; Loi; Liber. L. C Lord Chancellor; Lower Canada; Leading Cases. L. C. B Lord Chief Baron. L. C. C. C. . . Lower Canada Civil Code. L. C. C. P. Lower Canada Civil Procedure. L. C. J. . Lord Chief Justice. L. C. R. . . . Lower Canada Reports. L. H. C. . . Lord High Chancellor. L. J Lord Justices Court. LL. . .... Laws. L. L. Law Latin; Local Law. L. Lat. . . Law Latin. L. M. & P. Lowndes, Maxwell, & Pollock's Eng. Bail Court Reports. L. P. C Lord of the Privy Council. L. R Law Reporter; Law Reports; Law Review. L. R. A. . Lawyers' Reports Annotated. (Volumes 1-70, first series.) L. R. A. N. S. . Lawyers' Reports Annotated, new series. L. R. A. & E. . . Law Reports, Eng. Admiralty and Ecclesiastical. L. R. App. Cas. Law Reports, Eng. Appeal Cases. L. R. Burm. . . Law Reports, British Burmah. L. R. C. C. R. Law Reports, Eng. Crown Cases Reserved. L. R. C. P. Law Reports, Eng. Common Pleas. L. R. C. P. D. . Law Reports, Common Pleas Division, Eng. Su- preme Court of Judicature. L. R. Ch. . . . Law Reports, Eng. Chancery Appeal Cases. L. R. Ch. D. . . . Law Reports, Chancery Division, Eng. Supreme Court of Judicature. 32 ABBREVIATIONS L. R. E. & Ir. App. Law Reports, Eng. and Irish Appeal Cases. L. R. Eq. Law Reports, Eag. Equity. L. R. Ex., or L. R. Exch. Law Reports, Eng. Exchequer. L. R. Ex. D. Law Reports, Exchequer Division Eng. Supreme Court of Judicature. L. R. H. L. . Law Reports, House of Lords, Eng. and Irish Ap- peal Cases. L. R. H. L. Sc. . . Law Reports, House of Lords, Scotch and Divorce Appeal Cases. L. R. Ind. App. Law Reports, Indian Appeals. L. R. Ir. . . Law Reports, Ireland. L. R. N. S. W. . Law Reports, New South Wales. L. R. P. C. . . Law Reports, Eng. Privy Council, Appeal Cases. L. R. P. Div. . Law Reports, Probate, Divorce, and Admiralty Division, Eng. Supreme Court of Judicature. L. R. P. & D. . Law Reports, Eng. Probate and Divorce. L. R. Q. B. Law Reports, Eng. Queen's Bench. L. R. Q. B. Div. Law Reports, Queen's Bench Division, Eng. Su- preme Court of Judicature. L. R. S. A. . . Law Reports, South Australia. L. R. Sc. Div. App. Cas. Law Reports, Scotch and Divorce Appeal Cases. L. R. Sess. Cas. Eng. Law Reports, Session Cases. L. S. . Locus sigilli, — place of the seal. L. & M. . Lowndes & Maxwell's Eng. Bail Court Reports. L. & T. Longfield & Townsend's Irish Exchequer Reports. La. Lane's Reports, Eng. Exchequer; Louisiana Re- ports. La. Ann. Louisiana Annual Reports. La. T. R. Martin's Louisiana Term Reports, vols. 2-12. Lalor . . . Lalor's Supplement to Hill and Denio's Reports, New York. Lans Lansing's Reports, New York Supreme Court Re- ports, vols. 1-7. Lat, or Latch Latch's Eng. King's Bench Reports. Lath. . . . Lathrop's Massachusetts Reports. Law Qr. Rev. . Law Quarterly Review, London. Lawr. . Lawrence's Ohio Reports. Lay . . Lay's Eng. Chancery Reports. Ld. Ken. . . . Lord Kenyon's Eng. King's Bench Reports. Ld. Raym. . . Lord Raymond's Eng. King's Bench Reports. Lea, or Lea, B. J. Lea's Tennessee Reports. Leach, or Leach C. C Leach's Crown Cases, Eng. Courts. Lee (Cal.) .... Lee's California Reports. ABBREVIATIONS 33 Leg. . . Legg. . Leigh . . Leo., or Leon. Lester Lev. Lew. . Lew. C. C. Lex Cust. . Lex Mer., or Lex Mer. Red. Lib. . . . Lit. . . Lit. s Lit. Ten. . . . Litt. (Ky.) . Liv. . . Liz. Sc. Exch. . LI Loc. cit. Lofft Longf . & T. Lorenz (Ceylon) Low. Low. Can. Repts. Low. C. Seign. Lown. & M. Lown. M. & P. Luc. Ludd. . Lut. . . Lyne M. I M M. M. C. C. M. G. & S. M. R. . MS. . . M. &C. ... M. & G. M. & Gel. . . . Leges, — laws. Legget's Reports, Scinde, India. Leigh's Virginia Reports. Leonard's Eng. King's Bench Reports. Lester's Georgia Reports. Levinz's Eng. King's Bench Reports. Lewis' Nevada Reports. Lewin's Crown Cases, Eng. Courts. Lex Custumaria. Lex Mercatoria Rediviva, by Beawes. Liber, — book. Littleton's Eng. Common Pleas and Exchequer Reports. Littleton, section. Littleton's Tenures. Littell's Kentucky Reports. Livre, — book. Lizar's Scotch Exchequer Cases. Leges, — laws. Loco citato, — in the place cited. Lofft's Eng. King's Bench Reports. Longfield & Townsend's Irish Exchequer Reports. Lorenz's Ceylon Reports. Lowell's Decisions, U. S. Dist. of Massachusetts. Lower Canada Reports. Lower Canada Seignorial Reports. Lowndes & Maxwell's Eng. Bail Court Reports. Lowndes, Maxwell, & Pollock's Eng. Bail Court Reports. Lucafl' Eng. Reports (10 Modern). Ludden's Maine Reports. Lutwyche's Eng. Common Pleas Reports. Lyne's Irish Chancery Reports. Queen Mary. The first year of the reign of Queen Mary. Michaelmas Term; Mortgage. Moody's Crown Cases. Manning, Granger, & Scott's Eng. Common Pleas Reports; Common Bench Reports, vols. 1-8. Master of the Rolls. Manuscript; Manuscript Reports. Mylne & Craig's Eng. Chancery Reports. Manning & Granger's Eng. Common Pleas Re- ports. Maddock & Gelbart's Eng. Chancery Reports. 3 34 ABBREVIATIONS M. & Gord. . . . Macnaghten & Gordon's Eng. Common Pleas Reports. M. & H Murphy & Hurlstone's Exchequer Reports. M. & K. . Mylne & Keen's Eng. Chancery Reports. M. & M. ... Moody & Malkin's Eng. Nisi Prius Reports. M. & P. . . . Moore & Payne's Eng. Common Pleas and Ex- chequer Reports. M. & R. Manning & Ryland's Eng. King's Bench Reports. M. & R. M. C. Manning & Ryland's Magistrate Cases, Eng. King's Bench. M. & Rob. . . Moody & Robinson's Eng. Nisi Prius Cases. M. & S. Maule & Selwyn's Eng. King's Bench Reports. M. & S., or M. & Scott Moore & Scott's Eng. Common Pleas Reports. M. & W. Meeson & Welsby's Eng. Exchequer Reports. M. & Y. . . Martin & Yerger's Tennessee Reports. McAll. . . . McAllister's Reports, U. S. Dist. of California. McArth. . McArthur's Reports, Dist. of Columbia. MacAr. & Mackey MacArthur & Mackey, District of Columbia Su- preme Court Reports. McCahon .... McCahon's Reports, Supreme Court of Kansas, and i U. S. Courts, Dist. of Kansas. McCart McCarter's Chancery Reports, New Jersey Equity, vols. 14-15. McClain Cas. Car. McClain's Cases on Carriers. McC. Pas. Const. L. McClain's Cases on Constitutional Law. McCook. . McCook's Ohio Reports. McCord . MoCord's South Carolina Law Reports. McCord Ch. . McCord's South Carolina Chancery Reports. McCork. . . McCorkle's Reports, North Carolina, vol. 65. McCrary . . . McCrary's United States Circuit Court Reports.' McGloin . . . McGloin's Louisiana Court of Appeals Reports. McL., or McLean . McLean's Reports, U. S. Circuit Court, 7th Circuit. McMull. McMuUan's South Carolina Law Reports. McMuU. Ch., or McMull. Eq. . . McMuUan's South Carolina Chancery Reports. Macas. . . . Macassey's New Zealand Reports. Maccles. . Macclesfield's Eng. Reports, (10 Modern). Macf Maofarlane's Reports, Scotch Jury Courts. Mackey . . . Maokey's District of Columbia Supreme Court Reports. Macn. . . . Macnaghten's (W. H.) Reports, India. Macn. F P. Macnaghten's Reports, India. Macn. & G. . . Macnaghten & Gordon's Eng. Chancery Reports. Macph Macpherson's Cases, Court of Session Cases, 3d Series. Macq. H. L. Cas. Madd. Madd. &G. . . . Mag. Char. . . . Mag. (Md.), or Magr. . Maine . . Maine Anc. L. Man. . . . Man. Gr. & S. . . ABBREVIATIONS 35 Macqueen's House of Lords Cases, Appeals from Scotland. Maddock's Eng. Chancery Reports. Maddock & Geldart's Reports, Eng. Chancery, (vol. 6, Maddock's Reports). Magna Charta. Magruder's Reports, Maryland, vols. 1-2. Maine Reports. Maine on Ancient Law. Manning's Eng. Court of Revision Reports. Manning, Granger, & Scott's Eng. Common Pleas Reports. Man. & G. Manning & Granger's Eng. Common Pleas Reports. Man. & R. . . Manning & Ryland's Eng. King's Bench Reports. Man. & R. Mag. Cas Manning & Ryland's Magistrate Cases, Eng. King's Bench. Mann., or Mann. (Mich.) . . . Manning's Reports, Michigan Reports, vol. 1. Mar Maritime. Mar. . . . March's Eng. King's Bench Reports. Mar. L. Cas., or Mar. L. Rep. . Maritime Law Cases (Crockford's), English. Mar. L. Cas. N. S., or Mar. L. Rep. N. S Maritime Law Reports, New Series (Aspinall's), English. Marine Ct. R. . Marine Court Reporter (McAdam's), New York. Mart. Adm. . . Marriott's Eng. Admiralty Reports. Marsh. . Marshall's Eng. Common Pleas Reports. Marsh. Ky., or Marsh. A. K. A. K. Marshall's Kentucky Reports. Marsh. Calc. Marshall's Calcutta Reports. Marsh. Dec. . . Brockenbrough's Reports, Marshall's U. S. Circuit Court Decisions. Marsh. J. J. . . J- J- Marshall's Kentucky Reports. Mart. (Cond. La.). Martin's Condensed Louisiana Reports. Mart. (Ga.) Martin's Georgia Reports. Mart. (Ind.) . . Martin's Indiana Reports. Mart.,orMart.(La.) Martin's Louisiana Reports. Mart. N. S., or Mart. (La.) N. S. Martin's Louisiana Reports, New Series. Mart. (N. C.) . Martin's North Carolina Reports. Mart. & Y. . . Martin & Yerger's Tennessee Reports. Maryland . . . Maryland Reports. 36 ABBREVIATIONS Mas Mason's Reports, U. S. Circuit Court, 1st Circuit. Mass Massachusetts Reports. Mats Matson's Connecticut Reports. Matth. (W. Va.) . Matthew's West Virginia Reports, vol. 6. Mau. & Sel. . Maule & Selwyn's Eng. King's Bench Reports. Max. . . . Maxims. May Crim. L. May's Criminal Law. May Ins May on Insurance. Ma3ai. . . . Maynard's Reports, 1st Year Book. Md Maryland Reports. Md. Ch. . Maryland Chancery Decisions, (Johnson's). Me. . . . Maine Reports. Medd. . . Meddaugh's Michigan Reports. Mees. & Wels. Meeson & Welsby's Eng. Exchequer Reports. Meigs . Meigs' Tennessee Reports. Menz. . . . Menzie's Cape of Good Hope Reports. Men, or Meriv. Merivale's Eng. Chancery Reports. Met., or Mete. (Mass.) . Metcalf's Reports, Massachusetts Reports, vols. 42-54. Mete. (Ky.) . Metcalfe's Kentucky Reports. Mich Michigan Reports. Miles Miles' Pa. Reports. Mill. (La.) .... Miller's Louisiana Reports. Mill. (Md.) . . Miller's Maryland Reports. Mill. Dec. TJ. S. . Miller's Decisions, U. S. Supreme Court Reports, Condensed (Continuation of Curtis'). MiU. Dec, or Mill. Op. . . Miller's Decisions, U. S. Circuit Court (Wool- worth's Reports). Milw., or Milw. Eccl. . . Milward's Reports, Irish Prerogative, Ecclesi- astical. Min. . . Minor's Alabama Reports. Minn. . . Minnesota Reports. Minor Minor's Alabama Reports. Min. Conf. L. Minor on the Conflict of Laws. Mir. Jus. Home's Mirror of Justices. Misc. R. Miscellaneous Reports, New York. Miss Mississippi Reports. M'Mul. Ch. (S. C.) M'MuUan's South Carolina Equity Reports. M'Mul. L. (S. C.) M'MuUan's South Carolina Law Reports. Mo J. B. Moore's Eng. Common Pleas Reports. Mo. . . . Missouri Reports. Mo. App. . . Missouri Appeal Reports. Mod Modern Reports, English, ABBREVIATIONS 37 Mod. Cas. , . . Mod. Cas. L. & Eq. Mol. . . Mon., or Monagh. Mon., or Monr., or Mon. T. B. . Mon. B., or Monr. B. Mont. Mont. L. Rep. Su- per. Ct. ... Mo Montr. L. R. . Moo. Moo. C. Cas. . . Moo. C. P. Moo. I. App. . . . Moo. J. B. Moo. P. C. Cas. Moo. P. C. Cas. N. S. Moo. & M. Moo. & P. Moo. & R. . . Moo. & Sc. . . . Moore (Ark.) Moore & W. Mor. Min. Rep. . Morr. . . Morr. (Bomb.) Morr. (Cal.) . . Morr. (Jamaica.) . Morr. (Miss.) . Morris & Har. . Rep. Morse Bk. Morse Ezch. Mort. . . Mos. Mumf. (Jamaica) Munf. . . Mur. & H. . Murph Modern Cases, (6 Modem Reports). Modem Cases in Law and Equity (8 and 9 Modem Reports). Molloy's Irish Chancery Reports. Monaghan's Unreported Cases, Pennsylvania. T. B. Monroe's Kentucky Reports. Ben Monroe's Kentucky Reports. Montana Reports. Montreal Law Reports, Superior Court. Missouri Reports. Montreal Law Reports. Francis Moore's Reports, English. If numbered it refers to J. B. Moore's Reports, infra. Moody's Eng. Crown Cases. J. B. Moore's Eng. Common Pleas Reports. Moore's Reports, Eng. Privy Council, Indian Appeals. J. B. Moore's Eng. Common Pleas Reports. Moore's Eng. Privy Council Cases. Moore's Eng. Privy Council Cases, New Series. Moody & Mackin's Eng. Nisi Prius Cases. Moore & Payne's Eng. Common Pleas Reports. Moody & Robinson's Eng. Nisi Prius Cases. Moore & Scott's Eng. Conunon Pleas Reports. Moore's Arkansas Reports. Moore & Walker's Reports, Texas, vols. 22-24. Morrison's Mining Reports. Morris' Iowa Reports. Morris' Bombay Reports. Morris' California Reports. Morris' Jamaica Reports. Morris' Mississippi Reports. Morris & Harrington's Sudder Dewanny Adawlut Reports, Bombay. Morse on Banks and Banking. Morse's Exchequer Reports, Canada. Morton's Bengal Reports. Mosley's Eng. Chancery Reports. Mumford's Jamaica Reports. Munford's Virginia Reports. Murphy & Hurlstone's Eng. Exchequer Reports. Murphy's North Carolina Reports. 38 ABBREVIATIONS Murray (Ceylon). Murray's Ceylon Reports. Murray (New South Wales) Murray's New South Wales Reports. Myl. & C. . Myhie & Craig's Eng. Chancery Reports. Myl. & K Mylne & Keen's Eng. Chancery Reports. N. A Non allocatur, — it is not allowed. N. B Nulla bona, — no goods. N. B New Brunswick Reports. N. C North Carolina Reports; New Cases. N. Chip , N. Chipman's Vermont Reports. N. D. . ... North Dakota Reports. N. E. Rep. . . Northeastern Reporter. N. E. I. . Non est inventus. N. F. Newfoundland Reports. N. H. . . . New Hampshire Reports. N. J New Jersey Reports. N. J. Ch., or N. J. Eq New Jersey Equity Reports. N. J. Law . . New Jersey Law Reports. N. L. . . Nelson Lutwyche's Eng. Common Pleas Reports. N. Mex New Mexico Reports. N. P Nisi Prius; Notary Public; Nova Placita; New Practice. N. P. C Nisi Prius Cases. N. R Not reported. N. S. . . . New Series; Nova Scotia Reports. N. S. W. L. R. New South Wales Law Reports. N. T. Repts. , New Term Reports, Eng. Queen's Bench. N. W. P. . Northwest Provinces Reports, India. N. W. Reptr. . . Northwestern Reporter. N. Y. . . New York Court of Appeals RepoHs. N. Y. Cit. H. Rec. New York City Hall Recorder. N. Y. Misc. . New York Miscellaneous Reports. N. Y. Sup. Ct. . New York Superior Court Reports. N. Y. Supr. Ct. Repts. (T. & C.) New York Supreme Court Reports, by Thompson and Cook. N. Y. Term R. New York Term Reports, by Caines. N. Z., or N. Z. Rep. New Zealand Court of Appeals Reports. N. Z. App. Rep. . New Zealand Appeal Reports. N. & H Nott & Huntington's Reports, U. S. Court of Claims Reports, vols. 1-7. N. & Hop Nott & Hopkins' Reports, U. S. Court of Claims Re- ports, vols. 8-29. N. & M Neville & Manning's Eng. King's Bench Reports. N. & McC. . . . Nott & McCord's South CaroUna Reports. ABBREVIATIONS 39 N. &P. . . . Nat. Brev. . Nd. . Neb. NeU (Ceylon) Nels. . Nev. . . . Nev. & M. . Nev. &P. . . New Br. . New York Newf Nient Cul. . . Non Cul. Nor. Fr. . Norr North. . . . Northwest. Rep. Nott&H. . Nott&Hop. . . . Nott & McC. Nov. Sc. Nova Scotia L. Rep. O O. C. o. s. O.St. Ogd. Ohio Ohio C. C. Ohio St. Okla. . 01. Prec. Oldr. . OU. B. & Fitz. (New Zealand) . Oil. Bell & Fitz. Sup. . . . Ont Ont. App. Rep. . . Neville & Perry's Eng. Queen's Bench Reports. Natura Brevium. Newfoundland Reports. Nebraska Reports. Nell's Ceylon Reports. Nelson's Eng. Chancery Reports. Nevada Reports. Neville & Manning's Eng. King's Bench Reports. Neville & Perry's Eng. Common Pleas Reports. New Brunswick Reports. See N. Y. Newfoundland Reports. Nient culpable, — not guilty. Non culpabilis, — not guilty. Norman French. Norris' Pa. Reports. Northington's Eng. Chancery Reports, Eden's Re- ports. Northwestern Reporter. Nott & Huntington's Reports, U. S. Court of Claims Reports, vols. 1-17. Nott & Hopkins' Reports, U. S. Court of Claims, vols. &-29. Nott & McCord's South Carolina Reports. Nova Scotia Supreme Court Reports. Nova Scotia Law Reports. Ohio Reports; Otto's Reports, U. S. Supreme Court Reports, vols. 91-107. Orphans' Court. Old Series. Ohio State Reports. Ogden's Reports, Louisiana Annual. Ohio Reports. Ohio Circuit Court Reports. Ohio State Reports. Oklahoma Reports. Oliver's Precedents. Oldright's Nova Scotia Reports. OUivier, Bell, & Fitzgerald's New Zealand Re- ports. Ollivier, Bell, & Fitzgerald's Supreme Court New Zealand Reports. Ontario Reports. Ontario Appeal Reports, Canada. 40 ABBREVIATIONS Or Oregon Reports. Greg. . . . Oregon Reports. Orl. Bridg. . . Orlando Bridgman's Eng. Common Pleas Reports. Orl. T. R Orleans Term Reports, vols. 1 and 2, Martin's Re- ports, Louisiana. Orm Ormond's Reports, Alabama, New Series. Otto . Otto's U. S. Supreme Court Reports. Out. Outerbridge's Pa. Reports. Over. . . Overton's Tennessee Reports. Ow., or Owen . . Owen's Eng. King's Bench and Common Pleas Reports. Owen (New South Wales) .... Owen's New South Wales Reports. P. C Privy Council; Prize Court; Probate Court; Par- liamentary Cases; Pleas of the Crown; Practice Cases; Prize Cases; Precedents in Chancery; Procedure Civile; Penal Code; Political Code, P. C. App. . . . Privy Council Appeals, English Law Reports. P. C. C Privy Council Cases. P. C. Rep. . . . Privy Council Reports, English. P. Div. . . . Probate Division, Eng. Law Reports. P. E. I. Rep. . . Prince Edward Island Reports (Habiland's). P. F. S. . . . P. F. Smith's Pa. Reports. P. L Pamphlet Laws; Public Laws; Poor Laws. P. R Pennsylvania Reports, by Penrose & Watts. P. R Pyke's Reports, Canada. P. R. U. C. ... Practice Reports, Upper Canada. P. S. R Pennsylvania State Reports. P. W., or P. Wms. Peere WiUiams' Eng. Chancery Reports. P. & C Prideaux & Cole's Eng. Reports. P. & D Perry & Davidson's Eng. Queen's Bench Reports. P. & H. . . Patton & Heath's Virginia Reports. P. & M. . . Philip & Mary; Pollock & Maitland's History. I P. & M. . The first year of the reign of Philip & Mary. P. & W. . . Penrose and Watts' Pennsylvania Reports. Pa Pennsylvania Reports. Pa. Co. Ct. R. Pennsylvania County Court ReportB. Pa. Dist. R. Pennsylvania District Reports. Pa. St. . Pennsylvania State Reports. Pac. Rep. . . Pacific Reporter. Pai., Paige, or Paige Ch. . Paige's New York Chancery Reports. Paine ... . Paine's Reports, TJ. S. Circ. Ct., 2d Circuit. Palm Palmer's Eng. King's Bench Reports. Palm. (Vt.) . . Palmer's Vermont Reports. Pamph Pamphlet. ABBREVIATIONS 41 Papy Papy's Florida Reports. Par Parker's Eng. Exchequer Reports. Par Paragraph. Park Parker's Eng. Exchequer Reports. Park. Cr. Cas., or Park. Cr. Rep. Parker's Criminal Reports, New York. Park. (N. H.) Parker's New Hampshire Reports. Park. Rev. Cas. Parker's Eng. Exchequer Reports (Revenue Cases). Pars. Part. Parsons on Partnership. Pars. Cent. Parsons on Contracts. Pas. . . Terminus Paschae, — Easter Term. Pasch. . . . Paschal's Texas Reports. Pat. App. Cas. . Paton's Scotch Appeal Cases, Eng. House of Lords; Craigie, Stewart, & Paton's Reports. Pat. Off. Gaz. . Official Gazette, U. S. Patent Office, Washington, D. C. Pat. &H.,or Fatten &H. . . Pat. & Mur. Peak., or Peak. N. P. Cas. Peck (HI.) . . Peck, or Peck (Tenn.) Peere Wms., or Peere Williams. Pen. . . . Penning. . . . Penny. . . Penr. & W. Per. & Dav. . . Per. C. L. PI. Perry Tr. Pet., or Peters Pet. C.C, or Peters C. C. . . Ph., or PhU. . Phila. . . Patton & Heath's Virginia Reports. Paterson & Murray's New South Wales Reports. Peake's Eng. Nisi Prius Cases. Peck's lUinois Reports, (11-38 Illinois). Phill. . . . PhiU. Eq. . . PhiU. Law (N. C.) Pick. . . Pickle . . . Pike ... Pinn Peck's Tennessee Reports. Peere Williams' Eng. Chancery Reports. Pennington's New Jersey Law Reports. Pennington's New Jersey Law Reports. Pennypacker's Pennsylvania Reports. Penrose & Watts' Peimsylvania Reports. Perry & Davison's Eng. Queen's Bench Reports. Perry on Common Law Pleading. Perry on Trusts and Trustees. Peters' U. S. Supreme Court Reports. Peters' Reports, U. S. Circuit Court, 3d Circuit. Phillips' Eng. Chancery Reports. Philadelphia Reports, Common Pleas of Phila- delphia County. Phillimore's Eng. Ecclesiastical Reports. Phillips' North Carolina Equity Reports. PhiUips' North Carolina Law Reports. Pickering's Massachusetts Reports. Pickle's Tennessee Reports. Pike's Arkansas Reports. Pinney's Wisconsin Reports. 42 ABBREVIATIONS Pitts. Repts. . . . Pittsburgh Reports, Pennsylvania. PI. C. . Placita Coronse, — Pleas of the Crown. Po. Ct. . Police Court. Pol. . . PoUexfen's Eng. King's Bench Reports. Poll. & Maitl. Pollock & Maitland's History of Eng. Law. Pom. Cod. Rem. Pomeroy's Code Remedies. Poph. Popham's Eng. King's Bench Reports. Port. . Porter's Alabama Reports. Port. (Ind.) Porter's Indiana Reports. Post . . Post's Michigan Reports. Post (Mo.) . Post's Reports, Missouri, vol. 64. Poth. Obi. Pothier on Obligations. Pr. Exch. Price's Eng. Exchequer Reports. Pr. & Div. . Probate and Divorce. Pref. . Preface. Price, or Price Exch. . Price's Eng. Exchequer Reports. Prick. (Id.) . Prickett's Idaho Reports. Pugs. . . Pugsley's New Brunswick Reports. Pugs. & Bur. . Pugsley & Burbridge's New Brunswick Reports. Puis Pulsifer's' Maine Reports. Pyke Pyke's Reports, Lower Canada, King's Bench. Q Question; Quorum. Q. B. Court of Queen's Bench. Q. B. U. C. ... Queen's Bench Reports, Upper Canada. Q. C. . ... Queen's Counsel. Q. S. . . . Quarter Sessions. Q. t. ... Qui tarn, — who as well. Q. V. . Quod vide, — which see. Q. War. . Quo warranto, — by what authority. Qua.'cl. fr. . . Quare clausum f regit, ^ — ^ because he had broken the close. Quebec L. Rep. . Quebec Law Reports. Queens. L. R. . Queensland Law Reports. Quin. . Quinoy's Massachusetts Reports. Quo. War. . . Quo warranto. R. . . Resolved; Repealed; Revised; Revision; Rolls; King Richard. I R. Ill The first year of the reign of King Richard III. R. (Pa.) . . . Rawle's Pennsylvania Reports. R. I. Rhode Island Reports. R. L. & S. Ridgeway, Lapp, & Schoales' Irish King's Bench Reports. R. L. & W. . Roberts, Leaming, & Wallis' Eng. County Court Reports. R. M. Charlt. . . R. M. Charlton's Georgia Reports. ABBREVIATIONS 43 R. S. R. P. & W. (Pa.). R. & M., or R. & My. . R. & M. C. C. R. & M. N. P. R. & R. C. C. Rand. . . Rand. (Kan.) Rand. (La.). . Raym. Raney Rawle Raym., or Ld. . . Raym. T. Rec. Rec. Dec. Reding. Reed Con. L. S, Reeve Eng. L., Reeve H. E. Reeves R. P. Rep. Res. Cas. . Rev. Rev. Stat. . Reyn. Rice . . Rice Ch. . . Rich. . . . Rich. (N. H.) Rich. Ch., or Rich. Eq. Rich. N. S. Ridg. App. . Ridg. L. & S. . Ridg. P. C. Riley Rob. . . Rob. (Cal.) Rob. (Hawaii) . . Rob. (La.) .... Revised Statutes. (Rawle) Penrose & Watts' Pennsylvania Reports. Russell & Mylne's Eng. Chancery Reports. Ryan & Moody's Eng. Crown Cases Reserved. Ryan & Moody's Eng. Nisi Prius Cases. Russell & Ryan's Eng. Crown Cases Reserved. Randolph's Virginia Reports. Randolph's Kansas Reports. Randolph's Reports', Louisiana Annual Reports, vols. 7-11. Raney's Florida Reports. Rawle's Pennsylvania Reports. Lord Raymond's Eng. King's Bench Reports. T. Raymond's Eng. King's Bench Reports. Recorder. Vaux's Recorder's Decisions, Philadelphia. Redington's Maine Reports. Reed on the Conduct of Law Suits. Reeve's History of the English Law. Reeves on Real Property. Repealed; Reports; Repertoire. Reserved Cases. Reversed; Revised; Revenue. Revised Statutes. Reynold's Mississippi Reports. Rice's South Carolina Law Reports. Rice's South Carolina Chancery Reports. Richardson's South Carolina Law Reports. Richardson's Reports, New Hampshire Reports, vols. 3-5. Richardson's South Carolina Chancery Reports. Richardson's South Carolina Reports, New Series. Ridgeway's Irish Appeal Cases. Ridgeway, Lapp, & Schoales' Reports (Irish Term Reports). Ridgeway's Irish Appeal (Parliamentary) Cases. Riley's South Carolina Law Reports. Robinson's Eng. House of Lords Reports, Scotch Appeals. Robinson's California Reports. Robinson's Hawaiian Reports. Robinson's Louisiana Reports. 44 ABBREVIATIONS Rob. (La. Ann.) Rob. (Mo.) . . . Rob. (Nev.) Rob. (Va.) . . . . Rob. Adm., or Rob. Chr. Rob. Am. J. . . Rob. App. Rob. Chr. Adm. Rob. El. L. Rob. For. Or. . Rob. Jr., or Rob, Wm Rob. Pr. . Rob. S. I. Rob. Sc. App. Rob. U. C. Rob. (Wm.) Adm. Rob. &J. . Robert. . . . Robt. (N. Y.) Rodm. (Ky.) . Rolle Abr. Rolls Ct. Rep. Root .... Rowell . . . . Rt. Law Repts. Ruff. . . Runn Russ. . . Russ. & Ches. . . Russ. & Ches. Eq. Russ. & Geld. Russ. & M. Russ. & R. . Ry. & M. C. C. Ry. & M. N. P. s., or § S. . . Robinson's Reports, Louisiana Annual, vols. 1-4. Robard's Missouri Reports. Robinson's Reports, Nevada Reports, vol. 1. Robinson's Virginia Reports. Chr. Robinson's Eng. Admiralty Reports. Robinson's American Jurisprudence. Robinson's Eng. House of Lords Reports, Scotch Appeals. Chr. Robinson's Eng. Admiralty Reports. Robinson's Elementary Law. Robinson's Forensic Oratory. Wm. Robinson's Eng. Admiralty Reports. Robinson's Practice. Robinson's Reports, Sandwich Islands. Robinson's Eng. House of Lords Reports, Scotch Appeals. Robinson's Reports, Upper Canada. Wm. Robinson's Eng. Admiralty Reports. Robard & Jackson's Reports, Texas Reports, vols. 26-27. Robertson's Eng. House of Lords Reports, Scotch Appeals. Robertson's Reports, New York City Superior Court Reports, vols. 24-30. Rodman's Kentucky Reports, vols. 78-82. RoUe's Abridgment. RoUs Court Reports, English. Root's Coimecticut Reports. RoweU's Vermont Reports. Rent Law Reports, India. Ruffin's Reports, North Carolina (vol. 1, Hawk's Reports). Runnell's Iowa Reports. Russell's Eng. Chancery Reports. Russell & Chesley's Nova Scotia Reports. Russell & Chesley's Nova Scotia Equity Reports. Russell & Geldert's Nova Scotia Reports. Russell & Mylne's Eng. Chancery Reports. Russell & Ryan's Eng. Crown Cases Reserved. Ryan & Moody's Eng. Crown Cases Reserved. Ryan & Moody's Eng. Nisi Prius Reports. Section. Shaw & Dunlop's Reports, Scotch Court of Session (1st Series). ABBREVIATIONS 45 S. App Shaw's Appeal Cases, Scotland. S. A. L. R. . . South Australian Law Reports. S. C. , Same case; Senatus-Consulti; Session Cases; Su- perior Court; Supreme Court. S. C. . ... South Carolina Reports. S. C. Rep Supreme Court Reports. S. Dak. . . South Dakota Reports. S. E. Rep. . . Southeastern Reporter. S. F. A Sudder Foujdaree Adawlut Reports, India. S. Just Shaw's Justiciary Cases, Scotch. S. L Session Law; Solicitor at Law; Statute Law. S. L. C. . . . Stuart's Lower Canada Appeal Cases. S. P Same point; Same principle. S. Teinds . . . Shaw's Teinds Cases, Scotch Courts. S. V. A. R. Stuart's Vice-Admiralty Reports, Lower Canada. S. W. Rep. Southwestern Reporter. S. & B. . . Smith & Batty's Irish King's Bench Reports. S. & D. . . . Shaw & Dunlop's Scotch Court of Session (1st Series). S. & L. . . Schoales & Lefroy's Irish Chancery Reports. S. & M., or S. & M'L. . . Shaw & Maclean's Appeal Cases, Eng. House of Lords. S. & M., or S. & Mar. Smedes & Marshall's Reports, Mississippi Reports, vols. 9-22. S. & M. Ch., or S. & Mar. Ch. . Smedes & Marshall's Mississippi Chancery Reports. S. & R. . . Sargeant & Rawle's Pa. Reports. S. & S Simon & Stuart's Eng. Chancery Reports. S. & Sc. . . Sausse & Scully's Irish Chancery Reports. S. & Sm Searle & Smith's Eng. Probate and Divorce Reports. S. & T. . . . Swabey & Tristram's Eng. Probate and Divorce Reports. Salt Salkeld's Eng. Reports. Sand. Inst., or Sand. Just. . Sandar's Institutes of Justinian. Sandf. Ch. . . Sandford's New York Chancery Reports. Sanf. (Ala.) . Sanford's Alabama Reports. Sau. & Sc. . Sausse & Scully's Irish Chancery Reports. Saund. . Saunders' Eng. King's Bench Reports. Saund. & C. . Saunders & Cole's Eng. Bail Court Reports. Sausse & Sc. Sausse & Scully's Irish Chancery Reports. Sav. . . . Saville's Eng. Common Pleas Reports. Sav. Hist. Rom. L. Savigny's History of the Roman Law. Sav. Obi Savigny on Obligations. 46 ABBREVIATIONS Saw Sax., or Saxt. Ch. . Say Sch. B. & C. . . . Sch. Dom. Rel. . Sch. Pers. Prop. Sc. . . Sc Sci. fa. . . Sen. . . . SCO. SCO. N. R Scot. . Searle & Sm. sec, or §. Sec. leg. Sec. rag. Sedg. El. Dam. Seign. Sel. Cas. D. A. . . Seld., or Seld. (N. Y.) Serg. & Rawle Sess. Cas. . Sess. Cas. Sc Sev. Sev. S. D. A. Sh Sh. App. . Sh. W. & C. Sh. & Dunl. Sh. & Macl. Shand . Sharsw. Leg. Eth. Shaw . . . ShawCVt.) . . . Sawyer's Reports, U. S. Circuit Court, 9th Circuit. Saxton's Chancery Reports, New Jersey Equity Reports, vol. 1. Sayer's Eng. King's Bench Reports. Schouler on Bailments and Carriers. Schouler on Domestic Relations. Schouler on Personal Property. Scott's Eng. Common Pleas Reports. Scilicet, — that is to say. Scire facias. Scilicet, — that is to say. Scott's Eng. Common Pleas Reports. Scott's New Reports, Eng. Common Pleas. Scotland; Scottish. Searle & Smith's Eng. Probate and Divorce Reports. Section. Secundum legem, — according to law. Secundum regulam, — according to rule. Sedgwick's Elements of Damages. Seigniorial Reports, Quebec. Select Cases, Sudder Dewanny Adawlut, India. Selden's Reports, New York Ct. of Appeals Re- ports, vols. 5-10. Sergeant & Rawle's Pa. Reports. Session Cases, Eng. King's Bench. Session Cases, Scotch Court of Session. Sevestre's Calcutta Reports. Sevestre's Sudder Dewanny Adawlut Reports, Bengal. Shaw's Reports, Scotch Court of Session, First Series. Shaw's Appeal Cases, Eng. House of Lords, Appeals from Scotland. Shaw, Wilson, & Courtnay's Eng. House of Lords Reports, Scotch Appeals (Wilson and Shaw's Reports). Shaw & Dunlop's Reports, First Series, Scotch Court of Session. Shaw & Maclean's Appeal Cases, Eng. House of Lords. Shand's South Carolina Reports. Sharswood's Legal Ethics. Shaw's Reports, First Series, Scotch Court of Session. Shaw's Vermont Reports. ABBREVIATIONS 47 Shaw App. . . Shaw's Appeal Cases, Eng. House of Lords, Ap- peals from Scotland. Shaw Jus. . Shaw's Justiciary Cases, Scotch Justiciary Courts. Shaw & Dunl. . Shaw & Dunlop's Reports, First Series, Scotch Court of Session. Shaw & Macl. Shaw & Maclean's Scotch Appeal Cases, Eng. House of Lords. Shep Shepherd's Alabama Reports. Shep. Touch. Sheppard's Touchstone. Shepl. . . Shepley's Maine Reports. Sher. Ct. Rep. Sheriff Court Reports, Scotland. Shipp . . . Shipp's North Carolina Reports. Shirl. Shirley's New Hampshire Reports. Show. Shower's Eng. King's Bench Reports. Sick. . Siokels' N. Y. Court of Appeals Reports. Sid. Siderfin's Eng. King's Bench Reports. Silvern. . Silvemail's New York Court of Appeals Reports. Silvern. N. Y. Sup. Ct. . . . Silvemail's New York Supreme Court Reports. Sim. N. S. Simon's Eng. Chancery Reports, New Series. Simp. Cas. Torts. Simpson's Cases on Torts. Skink. . Skinker's Missouri Reports. Skinn Skinner's Eng. King's Bench Reports. Slade Slade's Vermont Reports. Sm. Smith's Eng. King's Bench Reports. Sm. (E. D.) . E. D. Smith's New York Common Pleas Reports. Sm. (Ind.) . Smith's Indiana Reports. Sm. (K. B.) . Smith's Eng. King's Bench Reports. Sm. (Me.) . Smith's Maine Reports. Sm. (N. H.) Smith's New Hampshire Reports. Sm. (N. Y.) . . Smith's New York Court of Appeals Reports, vols. 15-27. Sm. (Pa.), or Sm. (P. F.) . Smith's Pennsylvania State Reports, vols. 51-81. Sm. (Wis.) • Smith's Wisconsin Reports. Sm. E. D. . E. D. Smith's New York Common Pleas Reports. Sm. Eng. . . . Smith's Eng. King's Bench Reports. Sm. L. C. . Smith's Leading Cases. Sm. & Bat. Smith & Batty's Irish King's Bench Reports. Sm. & G. . Smale & Oiffard's Eng. Chancery Reports. Sm. & M. . Smedes & Marshall's Mississippi Reports, vols. 9-22. Sm. & M. Ch. Smedes & Marshall's Mississippi Chancery Reports. Smale & Gift. Smale & Giffard's Eng. Chancery Reports. Smedes & M. Smedes & Marshall's Mississippi Reports, vols. 9-22. 48 ABBREVIATIONS Smedes & M. Ch. Smedes & Marshall's Mississippi Chancery Reports. Smith . See Sm. Smy. . . . . Smythe's Irish Common Pleas and Exchequer Reports. Sn. or Sneed . . Sneed's Tennessee Reports. Sneed Dec, or Sneed Ky. . . . Sneed's Kentucky Decisions. So. Austr. L. R. South Australian Law Reports. So. Car South Carolina Reports. So. Rep. . Southern Reporter. South. . . Southard's New Jersey Law Reports. Sp. T. . Special Term. Spear . . Spear's South Carolina Reports. Spear Ch., or Spear Eq. Spear's South Carolina Chancery Reports. Spenc. . Spencer's New Jersey Law Reports. Spenc. (Minn.) . Spencer's Minnesota Reports. Spink . . Spink's Eng. Admiralty and Ecclesiastical Re- ports. Spoon. . . . Spooner'a Wisconsin Reports. Spott. . . Spottiswoode's Scotch Court of Session Reports. Spott. C. L. Rep. Spottiswoode's Common Law Reports. Spott. Eq. Rep. Spottiswoode's Eng. Equity Reports. Spr. . Sprague's Decisions, U. S. Dist. Court, Massar chusetts. St. . . . State; Statute; Statutes at large. St. . . Story's Reports, U. S. Circuit Court, 1st Circuit. St. . . . Stair's Scotch Court of Sessions Reports. St. Ch. Cas. . . Star Chamber Cases. St. P State Papers. St. Rep State Reports. St. Tr. . . . State Trials. Stair . . Stair's Scotch Court of Session Reports. Stant. . . . . Stanton's Ohio Reports. Star Ch. Cas. . Star Chamber Cases. Stark. N. P. Starkie's Eng. Nisi Prius Reports. Stat. Statute. Stat, at L. . . Statutes at Large. Stat. Glo. Statute of Gloucester. Stat. Marl. Statute of Marlbridge. Stat. Mer. Statute of Merton. Stat. Westm. . . Statute of Westminster. Stat. Winch. . . Statute of Winchester. State Tr. State Trials. Steph. Dig. Ev. Stephens' Digest of the Law of Evidence. Stew. (Ala.) . . Stewart's Alabama Reports. ABBREVIATIONS 49 Stew. Adm., or Stew. V. A. . . Stewart's Vice-Admiralty Reports, Nova Scotia. Stew. (N. J.) . . Stewart's New Jersey Equity Reports, vols. 28-33. Stew. & Port. . Stewart & Porter's Alabama Reports. Stim. L. Diet. . Stimson's Law Dictionary. StUes Stiles' Iowa Reports. Sto Story's Reports, U. S. Circuit Courts, 1st Circuit. Stock Stockton's New Jersey Equity Reports. Stock. (Md.) . . Stockett's Maryland Reports. Story Story's Reports, U. S. Circuit Court, 1st Circuit. Story Eq. PI. . Story on Equity Pleading. Stra., or Strange Strange's Eng. Reports. Stringf. Stringfellow's Missouri Reports. Strob. Strobhart's South Carolina Law Reports. Strob.Ch.jorStrob. Eq. . . . Strobhart's South Carolina Equity Reports. Stu., or Stuart . . Stuart, Milne, & Peddie's Scotch Court of Session Reports. Stu.App.,orStu.K. B., or Stu. L. C. Stu. Adm., or Stu. V. A. Stu. M. & P. . Sty. . . . Sad. Dew. Adul. Sud. Dew. Rep. Sum Stmm. . . . Sup Sup., or Supp. . Surr. . . Suth. Swab. Adm. Swab. & Trist. Swan .... Swans Swift Dig. . Syme . T. B. Monr. T. Jones T. R T. Raym. . . . Stuart's Reports, Lower Canada King's Bench. Stuart's Vice-Admiralty Reports, Lower Canada. Stuart, Milne, & Peddie's Scotch Court of Session Reports. Styles' Eng. King's Bench Reports. Sudder Dewanny Adulat Reports, India. Sudder Dewanny Reports, N. W. Provinces, India. Summa, — the summary of a law. Sumner's Reports, U. S. Circuit Court, 1st Circuit. Superseded; Superior; Supreme. Supplement. Surrogate. Sutherland's Calcutta Reports. Swabey's Eng. Admiralty Reports. Swabey & Tristram's Eng. Probate and Divorce Reports. Swan's Tennessee Reports. Swanston's Eng. Chancery Reports. Swift's Digest, Connecticut. Syme's Justiciary Cases, Scotland. T. B. Monroe's Kentucky Court of Appeals Reports. T. Jones' Eng. King's Bench and Common Pleas Reports. Term Reports, Eng. King's Bench (Dumford and East's Reports). T. Raymond's Eng. King's Bench Reports. 4 50 ABBREVIATIONS T. T Trinity Term. T. U. P. Charlt. . T. U. P. Charlton's Georgia Reports. T. & C. . . . Thompson & Cook's New York Supreme Court Reports. T. & G Tjnrwhitt & Granger's Eng. Exchequer Reports. T. & M Temple & Mew's Reports, Eng. Criminal Appeal Cases. T. & P Turner & Phillips' Eng. Chancery Reports. T. & R Turner & Russell's Eng. Chancery Reports. Taml Tamlyn's Eng. Chancery Reports. Tann Tanner's Indiana Reports. Taunt Taunton's Eng. Common Pleas Reports. Tay Taylor's Upper Canada King's Bench Reports. Tayl. (J. L.) . Taylor's North Carolina Term Reports. Tayl. (U. C.) Taylor's Upper Canada King's Bench Reports. Temp Tempore, — in the time of. Tenn. . . . Tennessee Reports. Tenn. Ch. . . . Tennessee Chancery Reports (Cooper's). Term . . . Term Reports, Eng. King's Bench (Dumford and East's Reports). Term N. C. . Term Reports, North Carolina, (Taylor's). Terr Terrell's Texas Reports; Territory. Terr. & Wal. Terrell & Walker's Texas Reports, vols. 38-51. Tex. Texas Reports. Tex. App. . Texas Court of Appeals Reports. Tex. Cr. App. . . Texas Criminal Appeals. Tex. Civ. App. Texas Civil Appeals. Thach. Cr. Cas. Thacher's Criminal Cases, Massachusetts. Thay. Ev. . . Thayer's Preliminary Treatise on Evidence. Thay. Cas. Ev. Thayer's Cases on Evidence. Thorn. . . . Thomas' Nova Scotia Reports. Thom. (Wy.) . Thomas' Wyoming Reports. Thorn. & Fr. . Thomas & Franklin's Reports, Maryland Ch. Dec, vol. 1. Thomp. (Cal.) Thompson's CaUfornia Reports, vols. 39-40. Thomp. (N. S.) Thompson's Nova Scotia Reports. Thomp. & C. Thompson & Cook's New York Supreme Court Reports. Tiff Tiffany's New York Court of Appeals Reports, vols. 28-39. Tinw. . . . Tinwald's Scotch Court of Session Reports. Tit. . . Title. Tobey . Tobey's Rhode Island Reports. Touch Sheppard's Touchstone. Tread Treadway's South CaroUna Reports (Constitutional Reports). ABBREVIATIONS 51 Tuck Tucker's Surrogate Reports, New York. Tuck Tucker's Court of Appeals, D. of C. Reports, vols. 1-2. Tuck. & CI. . . Tucker & Clephane's Reports, D. of C. Reports, vol. 21. Tuck. Bla. Com. . Tucker's Blackstone's Commentaries. Tup. App. . . Tupper's Ontario Appeal Reports. Turn. (Ark.) . Turner's Arkansas Reports, vols. 35-48. Turn. & Ph. . . . Turner & Phillips' Eng. Chancery Reports. Turn. & Rus. Turner & Russell's Eng. Chancery Reports. Tutt Tuttle's California Reports. Tutt. & Carp. . . Tuttle & Carpenter's CaUfornia Reports, vol. 52. Tyler . . . Tyler's Vermont Reports. Tyng . Tyng' Massachusetts Reports. U. B. . . Upper Bench. U. C. . ... Upper Canada. U. C. App. . Upper Canada Appeal Reports. U. C. C. P. . Upper Canada Conmion Pleas Reports. U. C. Cham. Upper Canada Chambers Reports. U. C. Chan. . . Upper Canada Chancery Reports. U. C. £. & A. . Upper Canada Error and Appeals Reports. U. C. O. S. . Upper Canada Queen's Bench Reports, Old Series. U. C. Q. B. . . Upper Canada Queen's Bench Reports. U. C. Q. B. O. S. Upper Canada Queen's Bench Reports, Old Series. U. K. . . . United Kingdom. U. S. . . United States Reports. U. S. App. . . . United States Appeals, Circuit Courts of Appeals. U. S. R. S. . . United States Revised Statutes. U. S. Stat. .... United States Statutes at Large. Up. Can. ... See T7. C. Utah . . . . Utah Reports. V Versus; Victoria; Victorian. V. A. Q., or V. Adm. . . Vice-Admiralty Court. V. C Vice-Chancellor; Vice-Chancellor's Court. V. C. Rep. . . Vice-Chancellor's Reports, English. V. & B Vesey & Beames' Eng. Chancery Reports. V. & S Vernon & Scriven's Irish King's Bench Reports. Va • Virginia Reports. Va. Cas. . . . Virginia Cases. Va. R. . . Gihner's Virginia Reports. Van K Van Koughnet's Upper Canada Com. Pleas Reports, vols. 15-21. Van Ness .... Van Ness' Reports, U. S. District Courts, New York. Vaugh Vaughan's Eng. Common Pleas Reports. 52 ABBREVIATIONS Vaux . . . . . . Vaux's Recorder's Decisions, Philadelphia. Veaz . . Veazey's Vermont Reports. Verm. . . . . . Vermont Reports. Vera . . Vernon's Eng. Chancery Reports. Vera. & Sc. . . . Vernon & Scriven's Irish King's Bench Reports. Ves. . . . . Vesey, Senior's, Eng. Chancery Reports. Ves. Jun. . . . . Vesey, Junior's, Eng. Chancery Reports. Ves. & Beam. . Vesey & Beames' Eng. Chancery Reports. Vic, or Vict. Queen Victoria. Vict. L. R. . . . . Victorian Law Reports, Colony of Victoria. Vict. Rep. . . . . Victorian Reports, Colony of Victoria. Vin. Abr. . Viner's Abridgment. Vin. Supp. . . . . Supplement to Viner's Abridgment. Vir. . Virgin's Maine Reports. Virg. . . . Virginia Reports. Virg. Cas. Virginia Cases. Viz. . . . Videlicet, — that is to say. Voor. Ar. . Voorhees on Arrest. Vr., or Vroom . . Vroom's New Jersey Law Reports, vols. 30-56. Vs Versus. Vt . Vermont Reports. W. . . . King William. I W. I. . . The first year of the reign of King William I. W. Bla. . William Blackstone's Eng. King's Bench and Com- mon Pleas Reports. W. C. C. . . Washington's Circuit Court Reports, U. S., 3d Circuit. W. H. & G. . . Welsby, Hurlstone, & Gordon's Eng. Exchequer Reports, vols. 1-9. W. Jones . . . Wm. Jones' Eng. Reports. "W. Kel. . . . Wm. Kelynge's Eng. King's Bench and Chancery Reports. W. N. Cas. . . Weekly Notes of Cases, Philadelphia. W. Ty. R. . Washington Territory Reports. Wash. R. . Washington Reports. W.Va. . . West Virginia Reports. W. W. & D. WiUmore, Wollaston, & Davison's Eng. Queen's Bench Reports. W. W. & H. Wilhnore, Wollaston, & Hodge's Eng. Queen's Bench Reports. W. &M. . William & Mary. W. &M. . . Woodbury & Minot's Reports, U. S. Circuit Court, 1st Circuit. W. & S. . Watts & Sergeant's Pa. Reports. W. & S. App. Wilson & Shaw's Scotch Appeals, Eng. House of Lords. ABBREVIATIONS 53 Wa. . . Wa. Walk. Am. L. . . Walk. (Mich.) . Walk. (Miss.) Walk. (Tex.) . . Wall WaU. C. C. . Wall. Jun. . . WaUis . Wanib. Cas. Anal. Wamb. Cas. Ag. Wamb. Stud. Cas. Ward. (Ohio) Ward. & Sm. Ware . . . Wash. Wash. (Va.) Wash. C. C. Wash. Ty. . . Washb. . . Wat. (C. G. H.) Watermeyer . Watts ... Watts (W. Va.) . Watts & Sen . Webb Webb, A'B. & W. Webb, A'B. & W. Eq. . . Webb, A'B. & W. I. P. & M. . Webb & D. Welsby, H. & G. Wend. West. H. L. . . . West. Rep. . . WestVa. . . . Westm Wales. Watts' Pa. Reports. Walker's American Law. Walker's Michigan Chancery Reports. Walker's Mississippi Reports, vol. 1. Walker's Texas Reports, vol. 25. Wallace's U. S. Supreme Court Reports. Wallace's Reports, U. S. Circuit Court, 3d Circuit. Wallace, Junior's, Reports, U. S. Circuit Court, 3d Circuit. Wallis' Irish Chancery Reports. Wambaugh's Cases for Analysis. Wambaugh's Cases on Agency. Wambaugh's Study of Cases. Warden's Ohio State Reports. Warden & Smith's Ohio State Reports, vol. 3. Ware's Reports, U. S. District Court, Maine. Washington State Reports. Washington's Virginia Reports. Washington's Reports, U. S. Circuit Court, 3d Circuit. Washington Territory Reports. Washburn's Vermont Reports. Watermeyer's Cape of Good Hope Supreme Court Reports. Watermeyer's Cape of Good Hope Supreme Court Reports. Watt's Pa. Reports. Watts' West Virginia Reports. Watts & Sergeant's Pa. Reports. Webb's Kansas Reports. Webb, A'Beckett, & Williams' Victoria Reports. Webb, A'Beckett, & Williams' Victoria Equity Reports. Webb, A'Beckett, & Williams' Victoria Insolvencj', Probate, and Matrimonial Reports. Webb & Duval's Texas Reports. Welsby, Hurlstone, & Gordon's Eng. Exchequer Reports, vols. 1-9. Wendell's New York Supreme Court Reports. West's Eng. House of Lords Reports. Western Reporter. West Virginia Reports. Statute of Westminster. 54 ABBREVIATIONS Weston . . Weston's Vermont Reports. Weth. (U. C.) . Wethey's Upper Canada Queen's Bench Reports. Wh., or Whart. . Wharton's Pa. Reports. Wh. . Wheaton's U. S. Supreme Court Reports. Wh. Cr. Cas. Wheeler's Criminal Cases, New York. Whart., or Wh. . Wharton's Pa. Reports. Wheat. . . . Wheaton's U. S. Supreme Court Reports. Wheel. . . Wheelock's Texas Reports. Wheel. Cr. Cas. . Wheeler's Criminal Cases, New York. White White's West Virginia Reports. Whitt. . . . Whittlesey's Missouri Reports. Wig. Ev. . Wigmore on Evidence. Wig. Code Ev. . Wigmore's Code of Evidence. Wig. Cas. Ev. Wigmore's Cases on Evidence. Wight. . Wightwick's Eng. Exchequer Reports. Wile. . . . Wilcox's Ohio Reports. Wile. Cond. . Wilcox's Condensed Reports, Ohio. Wilk. P. & M. Wilkinson, Paterson, & Murray's New South Wales Reports. Wilk. & Ow. Wilkinson & Owen's New South Wales Reports. Wilk. & Pat. . Wilkinson & Paterson's New South Wales Reports. Will. (Mass.) Williams' Massachusetts Reports, vol. 1. Will. (Peere) . . Peere Williams' Eng. Chancery Reports. Will. (Vt.) . Williams' Vermont Reports. Willes Willes' Eng. King's Bench and Common Pleas Reports. Williams . WiUiams' Massachusetts Reports. Williams, Peere Peere Williams' Eng. Chancery Reports. Willm. W. & D. Willmore, Wollaston, & Davison's Eng. Queen's Bench Reports. Willm. W. & H. . WiUmore, Wollaston, & Hodge's Eng. Queen's Bench Reports. Will. Cas. Cont. . Williston's Cases on Contracts. Wils Wilson's Eng. King's Bench and Common Pleas Reports. Wils. (Cal.) . . Wilson's California Reports. Wils. (Ind.) . . . Wilson's Indiana Supreme Court Reports. Wils. (Dreg.) . . Wilson's Oregon Reports. Wils. Ch. . Wilson's Eng. Chancery Reports. Wils. Exeh. . . Wilson's Eng. Exchequer Reports. Wils. & C. . . . Wilson & Courtenay's Eng. House of Lords Re- ports, Appeals from Scotland. Wils. & S Wilson & Shaw's Eng. House of Lords Reports, Appeals from Scotland. Win., or Winch . . Winch's Eng. Common Pleas Reports. Wins. . Winston's North Carolina Reports. ABBREVIATIONS 55 Wins. Eq Winston's North Carolina Equity Reports. Wis. ... . Wisconsin Reports. With Withrow's Iowa Reports. Wm. Bl. . . . William Blackstone's Eng. Reports. Wm. Rob. . . . WiUiam Robinson's New Admiralty Eng. Reports. Wms. (Mass.) . . Williams' Massachusetts Reports, vol. 1. Wms. (Peere) . Peere Williams' Eng. Chancery Reports. Wms. (Vt.) . WilUams' Vermont Reports. Wms. P. . Peere WiUiams' Eng. Chancery Reports. Woer. Ad. . Woemer on the American Law of Administration. Woll WoUaston's Eng. Bail Court Reports. Wood ... . Wood's Reports, U. S. Circuit Court, 5th Circuit. Woodb. & M. . Woodbury & Minot's Reports, U. S. Circuit Court, 1st Circuit. Woods, or Woods C. C. Woods' Reports, U.S. Circuit Court, 5th Circuit. Wool. C. C. . Woolworth's Reports, U. S. Circuit Courts, 8th Circuit. Wools. Int. L. . . Woolsey's International Law. Woolw. . . Woolworth's Reports, U. S. Circuit Court, 8th Circuit. Woolw, (Neb.) . Woolworth's Nebraska Reports, vol. 1. Wr., or Wr. Pa. Wright's Pa. Reports, vols. 37-50. Wr. Ch., or Wr. Ohio Wright's Ohio Chancery Reports. Wr. N. P. . . . Wright's Ohio Nisi Prius Reports. Wy. .... Wyoming Reports. Wyatt, W. & A'B. Wyatt, Webb, & A'Beckett's Victoria Reports. Wyatt, W. &A'B. Eq. . Wyatt, Webb, & A' Beckett, Victoria Equity Reports. Wyatt, W. & A'B. I. P. & M. . Wyatt, Webb, & A'Beckett, Victoria Insolvency, Probate, and Matrimonial Reports. Wyatt & W. . . Wyatt & Webb's Victoria Reports. Wyatt & W. Eq. . Wyatt & Webb's Equity Victoria Reports. Wyatt & W. I. P. & M Wyatt & Webb's Victoria Insolvency, Probate, and Matrimonial Reports. Wym Wjrman's Bengal Reports. Y. B Year Book. Yale Law J. . . . Yale Law Journal. Yeates . . . Yeates' Pa. Reports. Yelv Yelverton's Eng. King's Bench Reports. Yerg Yerger's Tennessee Reports. Young Young's Minnesota Reports. 56 ABBROCAMENTUM— ABROGATION Younge Younge's Eng. Exchequer Equity Reports. Yoiinge & Coll. Younge & Collyer's Eng. Exchequer Equity Reports. Younge & Jer. . . Younge & Jervis' Eng. Exchequer Reports. Zab. .... Zabriskie's New Jersey Law Reports. Abbrocamentum, I., Abbrochinent. The forestalling of a market; buying up at wholesale all the goods, to sell at retail. Abcariare, I. To carry away. Abdite latet, I. He lies hid. Abducere, 2. To carry away a human being. Abduxit: he carried away. Abduction. The forcible or fraudulent carrying away of a wife, child, or female servant; see 93 N. C. 567; May Cr. L. § 198; Rob. El. L. Rev. ed., § 548. Abearance. Behavior; carriage; see 4 Bl. Com. SSI, 256. Abere-murder, sax. Wilful murder. Abet. To aid or encourage. An abettor is present at the crime; an accessary is concerned in it either before or after; see 4 Bl. Com. 35; Rob. El. L. Rev. ed., § 480. Abeyance, fr. Expectation. An estate is in abeyance when there is no certain person living in whom it can vest; see 2 Bl. Com. 107, S16, 318. Abiding by. In Scotch law, the judicial declaration of a party that he abides by a deed which has been attacked as forged, at his peril. Abigeat, I. The crime of stealing cattle by driving them away in herds. Abigei, I. See Abigeus; 4 Bl. Com. S39. Abigeus, I. One who steals cattle in numbers. Abishersing. Immunity from, or being quit of, amerciaments, q. v. Abjuration of the Realm. Anciently a person accused of any crime, except treason or sacrilege, who took refuge in a church or other sanc- tuary, q. v., might save his life by confessing his offence and swearing to forsake the realm; see 4 Bl. Com. 56, 124, 332, 377. Abnormal. A term apphed to law affecting persons not under natural relations or conditions, as if insane or under age; the law of persons; see Normal. Abode. Where a person dwells; see 71 Pa. 302. Abolition. The utter destruction or annihilation of a thing. Abordage, fr. The collision of vessels. Abortion. The expulsion of the foetus in the early stage of gestation. It may be by natural and innocent causes, or by criminal means; see May Cr. L. § 200; Rob. El. L. Rev. ed., § 505. Abortus. A foetus expelled from the womb, that has not reached the development to sustain an independent life. About. Almost; approximately; see 115 U. S. 188. Al>roaclmient. See Abbkochmbnt. Abrogation. Nullifying a former law by legislative act or by usage. ABSCOND— ACCEDAS AD CURIAM 57 Abscond. A secret and sudden departure from one's usual place of abode, or a concealment from public view, to avoid legal process; see S Root (Conn.) 133. Absolute. Unconditional; complete in itself; not relative; final. Absolute conveyance: one without condition or qualification. Ab- solute estate: one subject to no condition; see Bob. El. L. Rev. ed., §§ 90-94- Rule absolute: in English practice, an order or judgment of court to be carried immediately and unconditionally into effect; dis- tinguished from a rule nisi, which is not to be carried into effect unless no cause be shown against it. A rule nisi, on being confirmed at the hearing, becomes absolute. Absolute warrandice: in Scotch practice, warranty against all the world. Absolutum et directum dominium, I. Entire and right owner- ship. Absque, I. Without. Absque aliquo inde reddendo (without rendering anything therefrom): without reserving any rent. Absque hoc: without this; see Rob. El. L. Rev. ed., § SOS ; Traverse. Absque impetitione vasti: without impeachment of waste; without liability for permissive waste. Absque tali causa: without such cause ; see Rob. El. L. Rev. ed., § SSO; Db injuria. Abstention. Renunciation of succession by an heir. Abstract of Fine. ■ voucher over; see Recovery. Double waste: where a tenant suffers a house to fall out of repair and then cuts timber on the estate to repair it. Dowager. An endowed widow; one who has a jointure. Dower. The life estate which the widow has in her husband's lands on his death; usually one third part of any lands of which he was seised in an estate of inheritance at any time during' the marriage, if the husband's estate in such lands was such that the common issue might have inherited. Dower ad ostium ecclesiee, I. (at the church door), was anciently where the husband specifioally endowed his wife with certain of his own lands; or of his father's lands, Dower ex assensu patris: see S Bl. Com. 13S. If this was not done, she was assigned her Reason- able dower, Dos rationabilis, I., Dower by the common law, a third part of the husband's land. Dower by custom : varied in amount ac- cording to local usage. Dower de la pluis belle, fr. (of the fairest part): where the wife was endowed of socage lands held by her as guardian. Writ of dower or Writ of right of dower: an old real action 170 DOWRESS— DUM lying for a widow against a tenant who had deprived her of part of Ler dower. Dower unde nihil habet, I.: a similar writ which lay for a widow to whom no dower had been assigned. Dowress. A woman to whom dower is due. Dowry. A marriage portion; property which the wife brings the hus- band; see Dos; Dot. Draft. A term of convenience for a check, or bill of exchange; see Big. B. N. & C. 11. Dragoman. An interpreter in a Turkish court. Dram. A liquor that can intoxicate by reason of alcohol contained therein; see 101 III. 34. Drawback. An allowance by the government to importers on the re- exportation of certain goods. Drawer, drawee. See Bill, III. 4. Droit, droict, dreit, /r. Right; justice; the law; a writ of right. Droit droit: a double right; the right of possession united with that of property. Droit ne done pluis que soit demaunde: the law gives no more than is asked. Droit ne poet pas morier: right cannot die. Droits of Admiralty: goods found abandoned at sea; property cap- tured in a time of war by non-commissioned vessels; the goods of the enemy claimed by the Crown. Droit d'Aubaine: a right or preroga- tive claimed by some European sovereigns of seizing the goods and estate of an alien dying within their dominions. Droit close: an old writ for a tenant in ancient demesne against the lord. Droit patent: a writ of right patent. Droit d'eignesse : see Esnecy. Droitural. Concerning right or title; see Action. Druggist. One who deals in uncompounded medicinal substances; see S8 La. Ann. 766. Dry exchange. A term invented to disguise usury. Dry rent: see Rent SECK. Dry trust: a passive trust. Dubitatur, abb. Dub., 2. It is doubted. Dubitante: doubting. Dubii juris, I.: of doubtful law. Duces tecum, I. (Briag with you.) A term applied to writs where a party summoned to appear in court is required to bring with him some evidence, or something that the court wishes to view; see Sub- PCENA. Duces tecum licet languidus: an old writ ordering the sheriff to bring the prisoner to court despite his illness. Duchy Court of Lancaster. See Coukt, 69. Ducking-stool. See Common Scold. Due-bill. A written acknowledgment of debt without a promise to pay. Due care: reasonable care considering all circumstances of the case; see 10 Allen, 632. Due process of law: law administered in regular course through courts of justice; see 13 N. Y. 378; 110 U. S. 516. Dum, I. While. Dum fervet opus (while the work glows) : in the heat of action. Dum fuit in prisona (while he was in prison) : an old writ of entry to recover lands which a man had aUened under duress. Dum DUMMODO— EARNEST 171 fuit infra setatem (while he was under age) : a similar writ to recover lands aliened when an infant. So dum fuit non compos mentis: a writ to recover lands aliened while he was of unsound mind. Dum recens fuit maleficium: while the ofience was fresh. Dum se bene gesserit: while he conduct himself well [during good behavior]. Dum sola: while unmarried. Dum sola et casta vizerit: while she live single and chaste. Dummodo, 2. Provided that. Dummodo constat de persona: so that it be clear as to the person meant. Dungeon. A prison cell undergroimd. Dunnage. Protective pieces of wood so placed that the cargo of a vessel will be protected from leakage. Duo non possunt in solido unam rem possidere, I. Two cannot possess the same thing in entirety. Duodecima manus, I. (Twelfth hand.) The oath of twelve men. Duplex querela, I. (Double complaint.) A kind of appeal, in an eccle- siastical court, from the ordinary to his superior. Duplex valor mari- tagii: double the value of the marriage; see Masriaoe. Duplicatum jus, 2. A double right. Duplicity. The fault of pleading a double plea, q: v. ; see Perry C. L. PI. SOS. Durante, I. During. Durante absentia, beneplacito, itinere, furore, minore setate, viduitate, vita, etc. : during absence, good pleasure, the journey, insanity, minority, widowhood, life, etc. Duress. Restraint of the person or fear of personal injury or imprison- ment. Duress per minas, 2. Constraint by threats. Durham, Courts of County Palatine of. See Court, 70. Dusty foot. Court of. The Court of Pipowders; see Court, 36. DweUing house. A building inhabited by man; see May Cr. L., § S51 et seq. Dying without issue. At common law a person is said to die without issue if his issue fail at any time after or before his death. By statute, and in wills, the words are construed according to their popular mean- ing, dying without issue at the time of decease. Dynasty. A succession of kings in the same family. Dysnomy. Bad legislation. E E. g., abb. for Exempli gratia. E, ex, 2. From; out of; see Ex. E converse : conversely. E contra: on the other hand. Emera gratia: of mere favor. Ea intentione, 2. With that intent. Earnest. The pajTuent of money to bind the bargain, the delivery and acceptance of which concludes the contract. 172 EARNINGS— EIN3 Earnings. A wider term thaa " wages "; see 115 Mass. 165. Easement. A rigiit, without a profit, enjoyed by an owner of land over land held by another; not an estate or interest in the land itself; see Rob. El. L. Bev. ed., § 57. Easter term. In England, begins on the 15th of April and ends on the 8th of May. East Greenwich. A royal manor in Kent; mentioned in grants by the King as descriptive of the tenure of free socage. Eat inde sine die, I. Let him go thence without day, words used in recording judgment for the plaintiff; see Days. Eau, eawe, ewe, etc., fr. Water. Eberemord, sax. Open killing; abere murder. Ecce, I. Behold; look. Ecclesia, I. A church; a parsonage. Ecclesia ecclesise decimas solvere non debet: the church ought not to pay tithes to the church. Eccle* sia non moritur: the church does not die. Ecclesiastical corporations, courts. See Cohpoeations; Court, 79. Ecclesiastical law. The law administered by the Enghah ecclesiastical courts, now applying chiefly to church matters. It is derived largely from the canon and civil law. Edict. A law issued by the sovereign either forbidding or commanding something. Editus, I. Put forth; brought forth; promulgated. Educate. To provide moral, physical, and intellectual instruction; see 105 Mass. 4£0. E'e, fr. Abb. for estre, to be; or este, been. Effects. A broad term sometimes passing real as well as personal prop- erty; see 1 Hill (S. C), 155. Effigy. A figure or representation of a person. If made with intent to make the subject an object of ridicule, it is a libel. Effraction. A forcible breach. Effractores, I. Burglars; housebreakers. Effusio sanguinis, I. The shedding of blood; a mulct therefor. Egetter, fr. To eject. Ejettement: ejectment. Egglise, €glise, fr. Church; a church. Ego, talis, I. I; such a one. Egrediens et exeuns, I. Going forth and issuing. Egressus, I. A going forth; an issue, or exit. Ei incumbit probatio qui dicit, non qui negat, I. The burden of proof lies upon him who afiirms, not him who denies. Eide, fr. Aid; relief. Eigne, eisne, aisne, etc., fr. The eldest; the first bom. Eignesse, einecia, I.: eldership; esnecy, g. v. Eik, sc. An addition. Einetia, I. The share of the eldest son. Eins, fr. In; in possession. Eins ceo que: inasmuch as. EIRE— ELOIGN 173 Eire. See Ethe. A journey. Eirant: errant; wandering. Eit,/r. Has. Either. Sometimes used in sense of each; see 59 lU. 87. Ejection. A turning out of possession; see 3 Bl. Com. 199. Ejectione firmse, custodise, etc. S'ee De essendo. Essentialia negotii, I. The essential parts of a transaction. Essoign, essoin. An excuse for not appearing in court in answer to process. Tocastanessoin: to essoin; to allege an excuse. Essoin day: the first day of the term, on which the court sat to receive essoins; see Perry C. L. PI. H6. There were several essoigns; as the essoign de servitio regis, I., de service del roy, /r., that the party was absent on the King's service; de terra sancta, de terre seynte, absent in Palestine; de ultra mare, de outre mer, absent beyond sea; de in- firmitate or de male lecti, de mal de lit, ill in bed; de malo yeniendi, de mal de venue, that he had met with an accident in coming. Est, I., fr. It is; there is. Est i. sf avoir: it is to be understood; to wit. Est boni judicis ampliare jurisdictionem: it is [the duty] of a good judge to enlarge [construe hberaUy] his jurisdiction. Estadal, span. A measure of land of about sixteen square yards. Estadia, span. The time for which demurrage must be paid for delay in receiving a cargo according to a contract. Estate. 1. An interest in land. 2. Property in general. 3. Status, or condition of life. Estate in common, coparcenary; by curtesy, dower, elegit; executory, eqtiitable, legal; in fee; of joint tenancy; on condition; see those titles. Estate for life: a freehold interest, not of inheritance, which a man has for his own hfe, or for the life of an- other or others. If the latter, it is an estate pur auter vie. Estate in possession: where there is a right of present entry and enjoyment. Estate in remainder, reversion, severalty: see those titles. Estates of the realm: in England, the lords spiritual, the lords temporal, and the commons. Estate by statute merchant, statute staple, estate tail, tail special, etc.; see those titles. Estate for year 3: an interest, less than a freehold, for a fixed or determinable time; see 2 Bl. Com. 180 ESTER IN JUGEMENT— ET 140. Estate at will: an interest less than freehold, which may be ended at the will of the lessor; see 2 Bl. Com. 145; 4 Kent, 110. Es- tate at sufferance: where a tenant is allowed to hold over after his term; see 2 Bl. Com. 150; 39 Mo. 177. Estate from year to year: a lease for a year, which, unless terminated by the lessor or lessee, will arise anew by impUcation, at the end of the year, for another year. Estate in vadio : in gage or pledge. Ester in jugement, fr. To appear in court as a party. Este, fr. 1. Summer. 2. Been; from ester, etre, to be. Estimate. An expression of calculation in the mind of the speaker or writer on the subject under consideration; see 37 Hun, SOS. Esto, !. Beit. Esto perpetua: be it eternal. Estop. To stop; bar; prevent; impede; preclude. Estoppel. An impediment, by which a man is precluded in law from alleging or denying a fact, in consequence of his own previous action, inaction, allegation, or denial; see 3 Bl. Com. 308; Rob. El. L. Rev. ed., § 28B. An estoppel by deed is where it arises from a recital or state- ment contained in a previous deed of the party estopped; see 10 Cush. 163; in pais (in the country), when it arises from an open act, or a verbal representation or declaration upon which another has acted; see 5 Denio, 154- Estoppel by record is where it arises from an admis- sion of the party made in the record of a court, in pleading or other- wise; or from a judgment against the party or some one to whom he is privy in blood, law, or estate; see 101 U. 8. 670; Res judicata. Collateral estoppel: the collateral determination of a question by a court having general jurisdiction of the subject; see Plea. Estoverium, I., estovers. 1. An allowance made to a person out of an estate, whether of money or other things; a bote, g. v.; see 2 Bl. Com. 35. 2. An allowance made to a man arrested for felony for the support of his family. 3. The alimony allowed a wife divorced a mensa et thoro. Estoveriis habendis: see De. Estray. A wandering domestic animal; see 18 Pick. 4^6. Estre, fr. To be. Del bien estre: see Db bene esse. Estreat. A copy or extract from a record. A forfeited recognizance estreated [extracted] from the records to be prosecuted; see4Bl. Com. $53. Estrepe. To strip; lay bare; waste. Estrepamentum, I., estrepement: an aggravated waste, to the injury of the reversioner; especially when committed during a suit to recover possession. The writ of estrepement was formerly auxiliary to a real action, and sought to prevent strip during the pendency thereof; now superseded by an injunction in chancery. 'Et,l. And. Et al., et alii: and others. Et alii e contra (and others on the other side): words used to describe a joinder of issue. Et ad- joumatur: and it is adjourned. Et ad hue detinet: and he still de- tains. Et allocatur: and it is allowed. Et curia consentiente: and ETt-EX 181 the court agreeing. Et de hoc ponit se super patriam: and of this he puts himself upon the country. Et ei legitur in hsec verba: and it is read to him in these words [when a prayer for oyer is allowed]. Et habeas ibi time hoc breve: and have you then there this writ. Et habuit: and he had [obtained] it. Et hoc paratus est verificare: and this he is ready to verify. Et hoc petit quod inquiratur per partriam: and this he prays may be inquired of by the country. Et inde petit judicium: and thereof he prays judgment. Et inde producit sectam: and thereupon he brings suit. Et modo ad hunc diem: and now at this day. Et non: and not; absque hoc. Etnon allocatur: and it is not allowed. Et petit auxilium: and he prays aid. Et pr^edictus A. similiter: and the said A. likewise. Et sic: and so. Et semble: and it seems. Et sic ad judicium: and so to judgment. Et sic ad patriam: and so to the country. Et sic fecit: and he did so. Etsicpendet: and so the matter rests. Et uxor: and wife. Et, fr. And. Et de ceo se mettent en le pays: and of this they put themselves on the country. Et issint: and so. Et cetera, I. And other things; and others; see 39 Hun, 576. Eundo, morando, et redeimdo. In going, staying, and returning. Eunomy. Equal laws and a well-adjusted constitution. Evasio, I. An escape, q. v. Event. The conclusion of an act or series of operations. The final circumstance. Evesque, fr. A bishop. Evesche : his diocese. Eviction. Dispossession by process of law; recovery of lands; ouster; a notice to quit. Evidence. All the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or dis- proved; see 1 Gr. Ev., § 1 . Cumulative evidence : that which furnishes additional proof of what has already been established; see 24 Pick. 296. Direct evidence: that means of proof which tends to show the existence of a fact in question, without the intervention of the proof of any other fact. Real evidence: evidence submitted to the eyes of the court by production of the thing itself in dispute. Ewe, fr. Water. Ex, I. From; of; out of; by or with; according to. Ex abundanti cautela: from excessive caution. Ex abuse non arguitur ad usum: from the abuse of a thing you caimot argue as to its use. Ex adverse: on the other side. Ex asquitate : in equity. Ex sequo et bono : accord- ing to what is just and good. Ex assensu patris: from the father's consent; see Dower. Ex antecedentibus et consequentibus fit optima interpretatio: the best interpretation is made by means of what precedes and follows. Ex arbitrio judicis: from the discretion of the judge. Ex auditu: from hearsay. Ex bonis: of the goods. Ex bonis maternis, paternis: from the goods inherited through the mother, the father. Ex capite doli or fraudis: on the ground of fraud. 182 EX Ez causa: from cause; by title. Ex causa lucrativa: by a lucrative title [gratuitously]. Ex certa scientia: of certain knowledge. Ex comitate: by comity, or courtesy. Excommodato: from a loan. Ex comparatione scriptorum: by comparison of handwritings. Ex con- cessione: by grant. Ex concessis: from the granted [premises]. Ex consultu: from consultation. Ezcontinenti: immediately. Ex con- tractu: from contract. Ex ciUpa levissima: from the slightest fault. Ex debito justitise (from a debt of justice) : as a matter of right. Ex debito naturali: from natural obligations. Ex defectu juris: for a defect in right. Ex defectu sanguinis: for a failure of blood. Ex delicto: from fault or crime. Ex dem., demissione: on the demise. Ex dicto majoris partis: according to the voice of the majority. Ex directo: immediately. Ex diumitate temporis, omnia praesumuntur solenmiter esse acta: on account of the lapse of time, all things are presumed to have been done in due form. Ex dole malo, non oritur actio: out of fraud, no action arises. Ex empto: from purchase. Ex eo quod plerumque fit: from that which frequently happens. Ex facie : on the face. Ex facto: from an act; actual. Ex facto jus oritur: the law (arises) depends on the fact. Ex fictione juris: by a fiction of law. Ex gratia: by favor. Ex gravi querela (on grievous com- plaint) : an old writ that lay for one to whom lands were devised by special custom by will, and the heir retained them. Ex hypothesi: according to the hypothesis. Ex imprbviso: without preparation. Ex incontinenti: summarily. Ex industria: with design; on purpose. Ex insinuatione : on the information [of]. Exintegro: anew; afresh. Ex intervallo : after an interval. Ex jure naturae : by the law of nature. Ex justa causa: by a just cause. Ex latere: on the side; collateral. Ex lege, legibus: according to law. Ex licentia regis: by the King's license. Ex locato: from a letting; a hiring. Ex maleficio non oritur contractus: from misconduct no contract can arise. Ex mero motu: of mere motion. Ex mora debitoris: on account of the debtor's de- lay. Ex more : according to custom. Ex natura rei: from the nature of the thing. Ex necessitate: by necessity; legis, of law. Ex nudo pacto non oritur actio: from a bare agreement [parol and without consideration] no action arises. Ex officio: by virtue of office. Ex pacto illicito non oritiu" actio: from an illegal agreement no action arises. Ex parte: 1. From, of, or by one side, or one party; hence, partial, done for or by one party. 2. On the application of. Ex parte matema, patema : on the mother's, father's side. Expaucis: from few (things or words). Ex post facto: by matter happening afterwards; from a later act or event. Ex post facto law: an act or statute chang- ing the law as to previous events or contracts; see Rob. El. L. Rev. ed., § J9. Ex prsecogitata malitia : of malice aforethought. Ex prsemisses : from the premises. Ex propria motu: of his own accord. Ex proprio vigore: of their own force. Ex provisione viri: lands settled on the wife in tail by provision of the husband; or on both husband and wife, EXACTION— EXCUSSIO 183 by his ancestor. Ex quasi contractu : arising as if from a contract. Ex rel., relatione : on the relation, or information. Ex rigore juris : accord- ing to the rigor of law. Ex scriptis olim visis: from writings formerly seen. Ex special! gratia: of special favor. Ex tempore: by lapse of time; without preparation. Ex testamento: by a will. Ex transverse : across. Ex turpi causa non oritur actio: on a bad [illegal] considera- tion no action can arise. Ex una parte: from one side. Ex utraque parte: on both sides. Ex vi aut metu: by force or fear. Ex visita- tione Dei: by the visitation of God. Ex visu scriptionis: from sight of the writing [from having seen the person write]. Ex vi termini: by the force of the term. Exaction. The collection of a fee by an officer, where none is due, or more than is due. Examined copy. See Copt. Excambium, I. Exchange; exchange of lands; see Exchange. Exceptio, I. An exception; a plea; a defence; an objection; a contra- dictory allegation. Exceptio ad breve prostemendum: a plea in abatement. Exceptio doll mali: a plea of fraud. Exceptio ejus rei cujus petitur dissolutio nulla est: a plea of the same matter the dis- solution of which is sought [in the action] is of no effect. Exceptio firmat regulum in casibus non exceptis: the exception strengthens the rule in cases not excepted. Exceptio rei adjudicate: a plea that the matter has been previously adjudged. Exceptio semper ultima ponenda est: an exception should always be placed last. Exceptions, Bill of. See Bill, I. 5. Excessive bail. Prohibited by constitutions when disproportionate to the offence; see 63 Cal. 410. Exchange. An original common-law conveyance for the reciprocal transfer of landed interests of the same degree. So, when the war- rantor was to give the warrantee lands of equal value with those of which he has been dispossessed. Exchequer. In England, the revenue department; see 3 Bl. Com. 44; also, the Court of Exchequer; see Court, 11, 95. Exchequer Chamber. r hoc. Paravail. The lowest tenant of land was so called, he who held of the mesne lords, and was supposed to occupy the land. Parceners. Coparceners; see 2 Bl. Com. 167; Copabcenabt. Parchetnin, /r. Parchment; a record. Parco fracto. See PotrND breach. Pardon. An executive act of clemency; see 7 Pet. 160; S7 N. J. Law, 637; Rob. El. L. Rev. ed., § 603. Parens patriae, I. The father of the country; in England, the King; in America, the State; having guardianship of the poor and incapable; see 3 Bl. Com. 4^7; 17 How. 393. Par, I. Equal. Pares: peers. The freeholders of a neighborhood. Pares curiae: the tenants of a manor in attendance on the court; see Z Bl. Com. 54. Pares de yicineto: the freeholders of the neighbor- hood; the venue. Pares regni: peers of the reakn. Pari delicto, I. Of equal guilt. Pari materia: of the same matter, on the same subject. Pari passu: in equal degree; by equal steps. Pari- bus sententiis reus absolvitur: when the opinions are equally divided, the defendant is acquitted. Parium judicium: judgment of the peers; trial by jury. Parish. A local term for a district of land, synonymous with a county. Also those coimected with a church; see 1 Pick. 91; 16 Conn. S99. Parish Court. See Cgtjrt, 112. Park. A piece of enclosed land privileged for the keeping of beasts of chase; see 2 Bl. Com. 38. Parler, }r. To speak. Parlance : speech. Parmy, /r. By; through; throughout. Paroche. A parish. Parol, /r. A word. Oral; not written; not under seal. Parol contract: a contract, written or otherwise, but not under seal or of record. Parol demurrer: see Aqe-pribr. Parols de ley: the technical words of law. Parol evidence: verbal testimony of a witness; see 66 Am. St. Rep. 659. Parol lease : an oral agreement leasing an estate. Pars, 2. A part, or party. Parsemtia:seeENiTiA. Parsejusdemnegotii: part of the same transaction. Pars fundi: part of the soil. Pars judicis: the duty of the judge. Pars rationabilis: see De rationabiu PARTE BONOEtTM. Parson imparsonee. See Induction; Impabsonee; Rector. Part and pertinent. Scotch, for appurtenances, q. v. Parte,' Z. See Pars. Parte inaudita: one side unheard; ex porte. Partes finis nil habuerunt (the parties to the fine had nothing) : an old plead- PARTICEPS CRIMINIS— PATRIA POTESTAS 271 ing in answer to a fine of land, set up in an action, but which had been levied by a stranger. Particeps criminis, I. A party to the crime; an accomplice. Particular average, lien. See Average; Lien. Particular custom: one which affects only the inhabitants of a particular district; see 1 Bl. Com. 74, 79. Particular estate: an estate for Ufe or years preceding a remainder; see 2 Bl. Com. 165; 4 Kent, 226. Partition. The division of land held by more than one owner, as in common, joint tenancy, or coparcenary, into several shares; see S Bl. Ctm. 189. Partnership. An association of persons for the purpose of profit, in which the members (partners) are mutually principal and agent, and share in the profits or losses; a general partnership; see Bwd. Part. S0-S2. Limited partnership: one which contains one or more special partners. Dormant partner: one who partakes of the profits, but has no power in the partnership, and whose name does not appear in the firm. Nominal partner: one whose name appears in the firm, but who has no real interest. Ostensible partner: one who holds himself out as a partner, by interfering in partnership affairs, assuming authority, or allowing his name to appear in the firm. Special partner: one who is Uable only for losses to the extent of his capital invested, and has no authority in partnership affairs. Partus, I. Birth; offspring. Partus sequitur ventrem: the offspring follows the womb [belongs to the owner of the mother]. Party-wall. A wall erected on the line between two lots ot land, be- longing to the owners in common; see 118 III. 17; 129 N. Y. 61. Party- jury: see BiUNams. Party-witness: see Witness. Parva proditio, I. Petty treason. Parva serjeantia: petty aerjeanty. Parvum cape: pelU cape; see Cape. Pas, /r. Not; no. A step. Pascha, l, paques, fr. Easter. Pateat universis per prsesentes, I. Know all men by these presents. Patent. Open; unsealed; see Clause; Ambiguity; Writ. Letters patent: a grant of some privilege, title, property, or authority made by the sovereign to one or more subjects. Patent: the grant of an ex- clusive privilege to make, use, or sell an invention for a term ot years; a grant by the state or government of public lands. Pater, I. Father. Pater-f amilias : the father of a family. Pater est quern nuptiae demonstrant: the father is he whom the marriage in- dicates. Pater patriae: father of the realm; see Parens. Patema patemis: paternal estates [go to the] heirs on the father's side; see 2 Bl. Com. 236; Matebna. Patiens, I. The passive pArty to an act; the patient; see Agent. Patria, I. The country; a jury. Patria potestas, I. In civil law, the authority of a father over his family. 272 PATRICIDE— PENDENTE Patricide. One who kills his father. Patron. He who has an advowson, the right to give a benefice. Patronage: the advowson. Patroon. In New York, the lord of a manor. Pauper. One who is maintained at the expense of the public; see SI Nev. US. Pawn. A bailment of personal property as security for a debt; a pledge. Pax, I., paix, jr. The peace. Pax ecclesise: the peace of the cliurch; sanctuary. Pax regis: the King's peace; lawful order; quiet. The verge of the court, a privileged district or sanctuary around the King's palace. Payee. See Note; Bill, III. 4. Payments, appropriation, application. Imputation of. The applica- tion of a payment to one of several debts existing between the same parties. If the debtor say nothing about it, the creditor may apply the payment to whichever debt he choose. Pays, fr. Country; see Pais. Peace, Bill of. See Bill, I. 12. Commission of: see Assize. Peas, fr. Peace; the concord of a fine. Peccatum, I., peche,/r. A fault; a sin. Pecia, I. A piece. Peculiar. In ecclesiastical law, a parish exempt from the ordinary's jurisdiction, and subject only to the metropolitan, or to him who holds the benefice; see Court of Peculiars; Court, 84. Peculium, I. Such private property as was allowed a wife, child, or slave in the Roman law. See Paraphernalia. Pecunia, I. Cattle; property; personal property; fungible goods; money. Pecunia munerata: counted money. Pecunia non numer- ata: money not paid. Pecunia trajectitia: a loan of money on a ship or cargo; bottomry; foeniis nauticum. Pecus, pi. pecora, I. A beast; cattle. Peddler. A person travelhng about the country with merchandise for the purpose of selling it; see IJfi N. Y. 187; 87 Ala. lU- Pede pulverosus, I. Dusty foot; a huckster attending fairs; see Court OF Piepowders; Court, 36. Pedem ponere, I. To place the foot; enter on lands. Pedis positio: actual possession. Pee, fr. The foot; the foot of a fiae, q. v. Peer. An equal. The vassal of a lord who sat in his court to judge his co-vassals. A lord temporal, having a seat in Parliament; a baron or higher nobleman; see 2 Bl. Com. 316; 4 id. 349. Pees, fr. See Peas. Peine, /r. Punishment; see Paine. Penal. Punishable; with a penalty annexed; see Action; Bill, III. 7. Pendente, I. Hanging. Pendente lite : during the suit, nihil innovetur, nothing should be changed; see 2 Bl. Com. 503; Fructus. PENDRE>-PER 273 Pendre, /r. To hang. Pendu: hanged. Pensa, I. A weight. Pensata: weighed. Pent road. A road closed at its terminal; see Jfl VU 41- Peonia, span. A portion of land in Spanish America, fifty feet front and one hundred feet deep. Per, I. Through; by; during; see 3 Bl. Com. 181. Per ambages: by evasive methods. Per annulum et baculum: by ring and staff; see 1 Bl. Com. S78; Annulus. Per annum: by the year; see 60 Kan. Iflfi. Per auter vie: for the Mfe of another; see Pur. Per aversionem: a sale by bulk; in a lump; see 2 Kent, 61fi. Per capita: per head; by heads, as distinguished from per stirpes, by roots of descent; by families; see 2 Bl. Com. S18; 6 Cush. 158. Per consequens: conse- quently. Per considerationem curiae: by the judgment of the court. Per contra: on the other hand. Per corpus (by the body) : by battel, as distinguished from trial by jury. Per, per and cui: see Entry, WRIT OF. Per cur', curiam: by the whole court as distinguishable from a single judge. Per defaltam: by default. Per diem: per day. Per eqtiipollens: by an equivalent [word]. Per expressum: expressly. Per fas aut nefas: by right or wrong. Per formam doni: by the form of the gift, which governed descent in estates taU; see 2 Bl. Com. 113. Per fraudem: by fraud. Per incuriam: by mistake or want of care. Per infortunium: by misadventure. Per legale judicium parium: by the lawful judgment of his peers. Per legem Anglise, terras: by the law of England, of the land. Per medietatem linguse : by half -tongue ; see BiLiNQUis. Per metas et bundas: by metes and bounds. Per minas: by threats; see 1 Bl. Com. 131. Per misadventure: by mishap. Per my et per tout, Jr.: of the half and of all; see S Bl. Com. 182; Joint tenants; Per omnes: by all [the judges]. Per pais: by the coimtry; see Pais. Per pares curtis: see Par. Per patriam: by the country. Per proc', procurationem: by appointment; as agent. Per quae servitia (by which services) : a writ judicial issuing from the note of a fine of lands, which lay for the cognizee of a manor, seigniory, etc., to compel the tenant of the land to attorn to him. Abolished by the 3 & 4 Will. IV. c. 27. Per quod actio accrevit: whereby an action accrued. Per quod consortium amisit (whereby he lost the society [of his wife]: an action by the husband for trespass to the wife; see 3 Bl. Com. HO. Per quod servitium amisit (whereby he lost the service) : an action for injury to, or seduction of, a child or servant; see 3 Bl. Com.. 14^; 14 N. Y. 413. Per saltum: by a leap; at one step. Per se: by himself; in itself. Per stirpes: by stocks; see 2 Bl. Com. 217; 2 Kent, 4^6; 6 Cush. 158; Capita; Per capita. Per subsequens matri- monium: by a subsequent marriage. Per tant: see Ptjr. Per testes: by witnesses; see Common form. Per totum tempus praedictum: during all the time aforesaid. Per totam curiam: by the full court. Per tout et non per my, }r. : by the whole and not by the moiety; see 2 Bl. Com. 182; 56 N. H. 105; 57 Ind. 412. Per usucaptionem: by 18 274 PER— PERPETUITY possession; by uninterrupted enjoyment. Per vadium: by gage; by way of pledge. Per verba da future: by words of the future [tense]; de prsesenti, of tlie present; a distinction made in contracts of mar- riage; see Bob. El. L. Rev. ed., § 17S. Per visum ecclesis: by the supervision of the church. Per visum juratorum: by a view of the jury. Per vivam vocem: by the liviog voice; viva voce., PeTffr. See Pub. Peramoxmt: above. Peravaile: below. Perdre,/r. To lose. Perdu, pert: lost. Peremptory. Positive; absolute. Peremptory challenge: a challenge to a juror without cause or reason given, usually allowed in criminal cases. Peremptory defence: One that negatives the present right to bring suit. Peremptory mandamus: a writ of mandamus re- quiring a thing to be done absolutely. Peremptory plea : not dilatory ; one impeaching the right. Perfecting bail. To justify bail after exception. Performance. Synonymous with fulfilment; see 81 Ind. 97. Pergamenum, I. Parchment; a record. Periculum, J. Danger; peril. Periculopetentis: at the risk of the suitor. Periculum rei venditse, nondum traditse, est emptoris: the risk of a thing sold, not yet delivered, is the buyer's. Perils of the sea. Marine casualties resulting from violent action of the elements; see 74 Fed. B. 4IS. Perishable goods. Those which lessen in value by being kept; see S Munf. 388; 7 Cow. W3. Perjury. False swearing, under oath lawfully administered in a judicial, legal, or political proceeding, to a material point; see May Cr. L., § U7; Bob. El. L. Bev. ed., § 519. Permanent. Not necessarily existing forever; «ee 1S6 U. S. 39S. Permanent abode. One occupied without present intention to change it permanently; see 78 III. 181. Permanent employment. Employment for an indefinite period; see 81 Cal. 596. Permission. A license to do an act otherwise unlawful. Permissive waste. Waste resulting from omission; see Waste. Permutation. Exchange or barter. Pernancy. Receiving; actual taking of rents or profits; see 2 Bl. Com. 163. Pernor, pemour, fr. A taker, or receiver. Perpetua lex, etc. ; see CLAustrLA. Perpetual curate. See Rector. Perpetuating testimony. See Bill, I. 13. Perpetuity. An estate unalienable for a long time; for time longer than that allowed by law. Such limitation, if for a time which may be longer than lives in being at the time it takes effect and twenty-one years nine months after, is void for remoteness; see 2 Bl. Com. 174; consvM Gray on Perp. PERQUIRERE— PETITORY SUIT 275 Perquirere, J. To gain; to acquire. Perqulsitio: purchase. Perqxiisites. Acquired by industry or purchase, and not by descent. Persona conjuncta aequiparatur interesse proprio, I. (A united person is equivalent to one's own interest.) Nearness of blood is as good a consideration as personal profit. Persona impersonata: a par- son imparsonee, q. v. Persona prsedilecta: a person particularly favored. Personable. Able to maintain a plea; capable of suing. Personal. Of the person, following the person, not real. Personal covenant: one which binds only the covenantor and his personal rep- resentatives, and can be taken advantage of only by the covenantee; see 4 Bl. Com. 304- Personal replevin: see Replevin. Personal estate, assets, property: those which go to the executor, not the heir, on the death of the owner; usually things movable. Personal action, chattels, replevin: see Action; Chattels; Replevin. Personal rep- resentative: the executor or administrator; sometimes, the next of kin; see 118 Mass. 198. Personalty. Personal property. Mixed personalty: chattels real, for they are subject to the statutes of Mortmain, which pure personalty is not . Perspicua vera non sunt probanda, I. Plain truths need hot be proved. Pertinens, I. Appendant; appurtenant. Pertinentiee: appurtenances. Pesage. An English toll for weighing. Pescher, fr. To fish. Pescherie : fishery. Pesquidor, span. A coroner. Petere, I. To beg; to demand; to sue. Petens: a demandant; a plain- tiff in a real action. Petit judicium: he prays judgment. Peter's pence. A tax of a penny on each house in England; formerly paid the Pope; see 4 Bl. Com. 107. Petit, fr. Petty; small. Petit Cape, Jury, Larceny, Serjeanty, Treason: see those titles. Petitio, 2. A demand; a count. Petitio principii: a begging of the ques- tion. Petition de droit, fr. The modem name for a monstrans de droit; a petition of right filed in Chancery, by which a subject recovers lands or goods in possession of the Crown. Upon being indorsed by the King, Soit droit fait al partie (let right be done to the party), a com- mission of inquiry issued; and judgment for the petitioner was by amoveas manus. Petition. A written motion to a court. Petition of right: 1. See Pe- tition DE DROIT. 2. A parliamentary declaration of the liberties of the people, assented to by Charles I. in 1629. Petitioning cred- itor: the one who institutes proceedings for the adjudication of a bankrupt. Petitory suit. A suit in admiralty to determine the title to property, not the possession. Droitural, not possessory, q. v. 276 PETO— PLAGIUM Peto, I. I demand; the first word of the demandant's count in a real action. Petty. /See Petit. Petty average: see Average. Petty-bag office : an office on the common-law side of the Court of Chancery whence issued writs in Crown matters, or for or against the officers of the court; see Hanapbr. It succeeded to the duties of the Cursitors. Petty sessions: a court of summary jurisdiction held by one or more justices of the peace. Pettifogger. An unprincipled practitioner of law who possesses neither a knowledge of law nor conscience; see 40 Mich. S66. Peu, fr. Few; a little. A peu prSs: almost. Pent, /r. Can. Ne peuvent: they cannot. Pharos. A watch tower by the sea. Phrenasthenia. The mental infirmity of a degenerate. Physical fact. A fact that may be perceived by the senses. Picaroon. A robber. Piccage. Money paid for setting up booths at fairs. Pickery, sc. Petty theft. Pie, /r. Afoot. Piepoudre: see Pede pulveeosus. Pied poudre: see CoTiKT OF piepowders; Court, 36'; S Bl. Com. SS. Pightel. A Uttle close; a hedged bit of land. Pignoratio, I. The obhgation of a pledge. Pignorative contract. A contract pertaining to a pledge. Pignus, I. A pledge; see 2 Bl. Com. 169. Pignori acceptum: a bailment in pledge. Pilfer. To steal petty things. Pimp. A procurer; see 102 Ind. 166. Pin-money. An allowance made by a husband to his wife for her apparel and personal expenses, which remains his property imtil expended. Piperolls. The great rolls of accounts in the Exchequer. Pipowders. See CotiRT, 36. Piscary. Fishery; a Uberty of fishing in another man's waters; see S Bl. Com. 34, 40. Fixing the coin. Testing coin by a jury of the Goldsmiths' Company. Place. Pleas. Place where: see Loctrs in quo. Placita, Z. Pleas; suits; pleadings. The title of a judgment record. The old public assemblies at which the King presided. Placita commtmia coronae: see Communis. Placita juris: rules of law; arbitrary legal principles. Placitamentum, Z. The pleading of a cause. Placitabile: pleadable. Placitimi, Z. See Placita. A plea, suit, or cause; an assembly, or court; a day in court; a mulct or fine; a judicial proceeding; a legal princi- ple. Placito debiti, detentionis, etc. : in a plea of debt, detinue, etc. Plaga, l, plaie, fr. A wound; an incised wound. Plagium, I. Kidnapping. PLAIDEUR— TO PLEAD 277 Plaideur, /r. A pleader, or advocate. Plaint. The first process in an inferior court. Plaintiff. The party suing in a personal action, whose name appears on the record. The party really interested as suitor in any judicial proceeding. Equitable plaintiff: one who, although really interested, sues in the name of another having the legal claim. Plaintiff in error: the party who brings a writ of error. Calling the plaintiff [to hear the ' verdict]: see Calling the plaintiff; Nonstjit. Plea. 1. A suit or action. 2. A pleading. 3. The pleading of the de- fendant. 4. A defendant's pleading setting up matter of fact. 5. In equity, a short answer in bar of the suit without giving discovery, stating facts which, if inserted in the bill, would render it demurrable. Pleas in abatement, avoidance, bar, confession and avoidance, dila- tory, equitable, peremptory, puis darrein continuance, special: see those titles. In good order of pleading, a person ought to plead, — 1st. To the jurisdiction of the coiu-t: a foreign plea, showing some other court in which the matter should be tried. 2d. To the person of the plaintiff, and next of the defendant: pleas of disability, privi- lege, etc. 3d. To the writ: pleas of variance, death of parties, mis- nomer, misjoinder, nonjoinder, etc. 4th. To the action of the writ: showing the plaintiff had no cause to have that writ brought, though he might have another on the same cause of action, as if he mistook his action. 5th. To the count or declaration: variance, specialty of record, incertainty, etc. 6th. To the action itself: in bar thereof. The first five are dilatory pleas; the sixth is peremptory, and includes pleas in confession and avoidance, which are special pleas par excellence, usually called special pleas in bar, or special pleas; pleas of traverse, which include the general issue, the specific traverse, and the special traverse; and pleas of estoppel, which are sometimes also called special pleas in bar, as well as the specific traverse and the special plea proper. All dilatory pleas may be called pleas in abatement; but the latter term more properly includes only the third, fourth, and fifth classes. Demurrers properly take order at the head of the sixth division. Age-prier was called a plea in suspension. In criminal law, the pris- oner should plead, — 1st. To the jurisdiction. 2d. In abatement. 3d. Special pleas in bar, as autrefois, — acquit, convict, attaint, and pardon. 4th. The general issue of not guilty. Common pleas: civil actions between subject and subject, as distinct from pleas of the Crown, criminal actions. Court of Common Pleas: see Court, 10; Pleading. Plea side: see Court, 8, 11. To Plead. 1. To litigate; see Plea, 1. 2. To conduct the pleadings, that part of a suit which contained the allegations of the parties, formerly oral, by which they came to an issue; see Plea, 2. 3. To make an allegation of fact in conducting the pleadings; as dis- tinct from to demur; see Plea, 4. 4. To put in a special plea or plea in bar in answer to the declaration; see Plea, 3. 5. (CoUo- 278 PLEADER— PLEYN quial.) To appear in a cause; to act aa advocate. To plead over: see Pleading. Pleader. An advocate. Special pleader: a person (whether admitted to the bar or not) employed to draw up pleadings, particularly special pleas, and to give legal opinions; see Special pleading. Pleading. The process of making the series of allegations in a cause which terminated in an issue; see 1 Minn. 17; S8 Pa. 5SS; Rob. El. L. Rev. ed., § SOS. These allegations were formerly made orally in court, and are now termed pleadings, consisting of the declaration, plea (see Plea, 4), replication, rejoinder, surrejoinder, rebutter, surrebutter, etc.; see those titles; Replevin. Special pleading: see Pleader. Plead- ing over: to go on pleading without noticing a defect in the last pleading of the other party, whereby such defect may be cured. Pleas of the Crown. A phrase in English law signifying criminal causes in which the King is a prosecutor; see 4- Bl. Com. 2. Plebeian. One of the common people. Pledge. 1. A bailment of personal property as security for some debt or engagement, the debtor retaining the title while the creditor has actual or constructive possession; see $ Bl. Com. 4^2; 96 U. S. 467, as to distinction between pledge and mortgage. 2. A thing pledged. 3. A surety. Pledges to prosecute : persons who become sureties for the plaintiff in a civil action, and were hable with him to be amerced pro falso clamore suo, for his false claim, if he deserted or lost his suit. Later they became fictitious persons, as John Doe and Richard Roe. Plee, /r. An action; a plea. Plegii ad prosequendum, I. Pledges to prosecute, q. v.; see 3 Bl. Com. 147. Plegii de retomo habendo. Sureties for a return in replevin. Plein, fr. Full. Pleine age: fuU age. Pleinement administre: fully administered. Plenary. Full; complete; done formally and at length; not summary. Plenus, plena, Z. Full. Plena setas: fuU age. Plena fides: good credit (full faith). Plena probatio: full proof; see S Bl. Com. 370. Pleno jure: with perfect right. Plenarie: fully. Plene administravit (he has fuUy administered) : a plea by an executor or administrator that he has no assets of the deceased remaining in his hands; plene ad- ministravit prseter, a similar plea excepting a specified balance which is not sufficient to satisfy the plaintiff's demand. Plene computavit : he has fully accounted, a plea in an action of account. It does not admit the liability to account; see 15 S. & R. 163; Rob. El. L. Rev. ed., § 316. Plenum dominium: see S Bl. Com. 312; DoMiNniM. Plenum rectum: full right. Plenarty. A full benefice, not a vacancy. Plevina, I., plevine, fr. Security; a pledge's liability. Plejm, /r. See Plein. PLEYNTE— POLYANDRY 279 Pleynte,/r. A plaint; a complaint. Ploughbote. Plough-land; one hundred and twenty acres; a canuxUa; see 2 Bl. Com. SB; Bote. Plunderage. Embezzlement of goods on board of a ship. Pluries, I. Many times. A writ issued after the first writ and an aliaa writ have failed of effect; the third writ; see 3 Bl. Com. S8S. A sec- ond pluries is a fourth writ, etc. Pluris petitio, I. A claim for more than is due. Plus, I. More. Plus peccat author quam actor: the instigator sins more than the actor. Plus valet unus oculatus testis quam auiiti decern: one eyewitness is of more weight than ten earwitnesses. Plus, pluis, Jr. More; most. Au pluis: at the most. Plus tost: rather; sooner. Plus tost que: rather than; as well as. Poaching. Unlawfully entering land in night-time, armed, with intent to destroy game. Pocket judgment. A statute-merchant enforceable after non-payment on a certain day without further proceedings. Pocket sheriff. One appointed by the sole authority of the Crown, without being nominated by the judges of the Exchequer; see 1 Bl. Com. 34£. Poer, fr. Power; to be able. Poet: see Peut. Poena, I. Punishment; penalty; damages. Poena corporalis: corporal punishment. Poena pilloralis: punishment of the pillory. Pcenalis: penal. Poenitentia, I. Repentance; change of mind. Poinding, sc. Distress; a dihgence; a process of attachment. Police Court. See Court, 112. Police power. The power of government inherent in every sovereignty, to regulate matters affecting the health, morals, peace, comfort, and safety of all persons and property within the state; see 27 Vt. 149; 117 N. Y. U; 7 Gush. 814; 109 N. C. S79. Policies of Assurance Coiut. See Coitbt, 64. Policy. An instrument embodying the contract of insurance, which is open if the value is to be proved by the insured, in case of loss; see 101 N. Y. 468; and valued where the value is inserted in the poUcy in the nature of liquidated damages; see 33 Md. 109. A mixed policy is one " open " as to certain property, and " valued " aa to other; see S Conn. 368. An interest poUcy is one where the insured has a real, substantial, assignable interest in the thing insured. A wager policy is a pretended insurance where the insured has no interest in the thing insured; see 3 Kent, SS5. A floating policy is applied to goods of a fluctuating, changing native; see 3S N. Y. 406. Poll. Cut; shaved even. A head; see Z Bl. Com. 296; Deed. Polls: see Challenge. Pollicitation. A promise before acceptance, without mutuality. Polyandry. The state of a woman who has several husbands. 280 POLYGAMY— POSSESSORY Polygamy. The act of formally marrying a third person, by one already married to two; see If. Bl. Com. 164- Ponderantur testes, non numerantur, I. Witnesses are weighed, not counted. Pondus regis, I. The king's weight;-the standard. Pone, I. To put. 1. An original writ issuing to remove a cause from an inferior, or county court, to a superior, or to the C. B.; see 3 Bl. Com. 34, 37. 2. Pone per vadium et plegios: a writ issuing after the nonappearance of the defendant to the original writ, commanding the sheriff to attach him and take security or pledges. Ponit se super patriam: he puts himself on the country. Pontage. A toll on, or tax for, a bridge. Popular action. See Action. Popular Court: see Cotibt, 116. Port of discharge. The place where the principal part of the cargo is discharged; see 104 Mass. 610. Port risk. A risk upon a vessel lying in port before sailing; see 71 N. Y. 459. Portatico, I. Port duties charged to ships. Porter, fr., Portare, I. To bear; to bring. Portgreve. The chief officer of a seaport town; see 4 Bl. Com. 413. Portoria, I. Duties on merchandise paid in port. Portsales. An ancient term for auctions. Poser, fr. To put a question. Positive condition. One which must happen. Positive law. Law enforced by a sovereign political authority, as dis- tinct from laws of honor, laws of nature, etc. Posse, I. To be able. A possibility. Posse comitatus: the force of a county, the entire population above the age of fifteen, except peers and clergymen; see 1 Bl. Com. 343; Rob. El. L. Rev. ed., § 583. In posse: in possibility; not in esse. Possessed. A variable term, sometimes implying a temporary interest in lands; sometimes synonymous with " seized; " see 44 Mich. 603; 89 Ga. 63^. Possessio fratris facit sororem esse heeredem, I. The possession of the brother makes the sister heir. If a mam die, and leave two sons by different wives, and the one brother be seised in possession of the father's estate and die, the estate shall not pass to his brother, but to his sister of the whole blood in preference. A maxim when descent was traced from the person last seised, not, as now, from the pur- chaser; seeSBl. Com. SS7. Possession. Detention or enjoyment of a thing which a man holds or exercises by himself or an agent. It may be actual as where the thing is in immediate occupancy of the party; see 3 Dev. 34; or construc- tive which is impHed by law; see 11 Vt. 129; S Bl. Com. 116; 3 id. 180; Rob. El. L. Rev. ed., § 44. Possessory. About the possession, not petitory; see Action. POSSIBILITY— POUR 281 Possibility. An uncertain event; a contingency. Possibility coupled with an interest: an expectation recognized in law as an estate or in- terest; as where the person who is to take an estate on the happening of the contingency is named or ascertained; not a bare possibility, as the expectation of an heir apparent. Possibility on a possibility: a double contingency, as an estate limited to a man's unborn son John; it is bad in law. Possibility of reverter: the estate of the grantor of an estate upon condition; see Bob. El. L. Rev. ed., § 89. Post, I. After; afterwards; see Entry, writ of. Post-date. To date an instrument with a future date. Post diem, disseisinam: after the day, the disseisin. Post-factimi: an after act. Post-fine: the king's silver; see Fine. Post litem motam: after the suit was begun; after the dispute arose. Post mortem: after death. Post-natus: after born. Used by old law writers to designate a second son. Post- nuptial: taking place after marriage. Post-obit bond: a bond in which the obUgor agrees to pay a sum after the death of a third person, usually a person from whom the obUgor expects to inherit. Post prolem suscitatam: after issue born. Post terminum: after the term. Postea, I. Afterwards. The entry on the record of the proceedings at the trial of an action, stating what happened after the issue joined, at which the nisi priiis record ends; see S Bl. Com. 386. Post-note. A bank-note payable at a future time. Post-obit: see Post. Posteriores, I. The descendants in a direct line beyond the sixth degree. Posteriority. Being or coming after. Posterity. All descendants in a direct line to the remotest generation; see 8 Bush. 5^. Posthumous. One bom after the death of the father, or by the Csesar- ean operation after that of the mother. Postuati. Those bom after. Postulatio. The name of the first act in a criminal proceeding. Potentia, I. Power. Potentia propinqua : a near possibility. Potentially. In possibUity; see 19 Neb. 556. Potestas. Power; authority. Potior est conditio defendentis, I. The defendant has the better position [where both are in fault]. Potior est conditio possidentis: the pos- sessor has the stronger position. Potwallers, potwallopers. Persons who cooked their own diet in a fireplace of their own, and were therefore, by the custom of some boroughs, entitled to vote. Poundage. An allowance made the sheriff for his services in a levy. Poimd breach. The offence of breaking into a pound, and taking out the cattle impounded. Pour,/r. For; see Pur. Pour compte de qui il appartient: for account of whom it may concern. Pour seisir terres: a writ for the King to seize lands of a widow, held in dower, and in capite, if she married without his permission. 282 POURPARTY— PR^MISSA Pourparty, Jr. Partition; division among coparceners. Pourpresture, fr. The wrongful enclosure of another man's land; en- croaching on Crown or common lands. Poustie, sc. Power; see Liege poustie. Poverty affidavit. An aflSdavit by a party to a suit that he is unable to furnish secm'ity for the costs; see 36 Kan. S6S. Power. Authority. An instrument conferring authority upon another; see Bob. El. L. Rev. ed., § 100. A power of appointment: authority vested in a person called the donee, by deed or will, to appoint a per- son to the enjoyment of property of the grantor or testator. If the donee have no interest in the property himself, it is a power collateral. If he has an interest, it is a power coupled with an interest; and these may be either appendant (appiirtenant), as when the appointment is made out of, or in derogation of, his own estate, or in gross, when the appointment is to take effect on the termination of his estate. If the donee can appoint any one, it is a general power; if the appointment must be to one or aU of a certain class of persons, it is particular; and in this latter case, 'if the power is to appoint to all of a certain class, the appointment must not be illusory. Power of attorney: the in- strument giving authority to an agent, an attorney in fact, to make contracts or perform legal acts. Practice Court. See Couet, 9. Practicing. The term impUes more than a single act or effort; see 98 N. C. 644- Preeceptores, 2. Masters in chancery. Prsecipe, I. Command. An original writ commanding the defendant to do something or show cause to the contrary; see 1 Poll. & Maitl. Hist. 17S; S id. 62. Praecipe in capite: a praecipe or writ of right for a tenant in capite; see 3 Bl. Com. S74. Praecipe quod reddat (command that he return) : a writ directing the defendant to restore the posses- sion of land, employed at the beginning of a common recovery; see 3 Bl. Com. S74. Praecipe quod teneat conventionem: a writ of cove- nant employed at the beginning of a fine of lands. Tenant to the praecipe: the person against whom a praecipe was brought; see Recovery. Praecipitium. The punishment of casting headlong from some high place. Prjeco, I. A herald; the crier of a court. Praed', 2. For praedictus, aforesaid. Prasdium, 2. Land; an estate. Praedia belli: booty. Praedium domi- nans, the dominant, serviens, the servient, estate in a praedial servi- tude, an easement enjoyed by the owners of one estate over another. Praedial tithes. Such as arise from land; see Tithes; Geeat tithes. Praediimi rusticum, 2. A country estate. Praef, I. For praefatus, aforesaid. Premissa, 2. The premises. PREMIUM— PRE-EMPTION 283 Praemium, I. Reward. Praetniiim pudicitis: the price of chastity. Praemunire, I. To forewarn; to summon. The offence of obeying or furthering other authority in the realm than that of the Crown, par- ticularly that of the Pope; Papal usurpation; see i Bl. Com. 103, 4^8. Praepositus, I. A person placed in authority; a provost; a sheriff. Pras- posita negotiis vel rebus domesticis: set over household matters, a term expressing a wife's authority to bind her husband for necessary purchases. Praerogativa regis, I. The King's prerogative. Preescriptio, 2. Prescription. Praescriptio fori: an exception to the jurisdiction. Praesens in curia, I. Present in court. Praesentia corporis tollit errorem nominis, I. The presence of the body [the person meant] cures an error in the name. Praestare, I. To pay; perform; make good. Prffisuxnitur pro legitimatione, I. The presumption is in favor of legitimacy. Praesumptio juris, I. (Presumption of law.) A presumption of fact, rebuttable. Praestunptio jiuis et de jure : a presumption of law, irre- buttable. To the latter appUes the maxim, Praesumptio juris plena probatio: a legal presumption of law is full proof; to the former, Praesumptio valet in lege: a legal presumption is of weight. Pratum, I. A meadow. Prava consuetudo, I. A bad [illegal] custom. Praxis judicum interpres legum, I. The practice of judges is the inter- preter of the laws. Pray in aid. See Aid-pbieb. Prebendary. A stipend (not a benefice or dignity) paid a prebend, a member of a collegiate or cathedral church; see 1 Bl. Com. 383. Precariae, preces, /. Days' work, performed for the lord in harvest time by the tenants of certain manors. Precatory words. A wish or request in a will that certain things be done. Prece partium, I. On prayer of the parties; see Dies datus. Precedent. See Condition. An adjudged case; a recognized method of procedure. Precept. An order; a written direction in minor process to a sheriff or other officer; a precept of a justice of the peace for the bringing of a person or records before him. Precludi non debet, I. (He ought not to be barred.) The be^nning of a replication to a special plea. Predial. See Predial. Predicate. To affirm logically. Predominant. Something greater or superior in power and influence to others, with which it is connected or compared; see SS Pick. 53. Pre-emption. The right of a nation to detain merchandise of strangers 284 PRE-EXISTING DEBT— PRETIUM passing through her territories that her subjects may have first op- portunity to purchase; see 2 Bl. Com. 287. Pre-existing debt. One previously contracted whether payable or not; see 1S6 Mass. SJfi. Pree, jr. A meadow. Premeditation. Intent before the act; see 28 Via. SIS. Premises. (Things put before.) The part of a deed preceding the habendum. The place in question; the land or houses granted; see 2 Bl. Crnn. 298; 8 Mass. 174. Premiimi. The money paid by the insured in the contract of insurance; see Premium. Prender, fr. To take; taking; the power or right of taking a thing be- fore it is offered. T^us a heriot is said to lie in prender because the lord may seize the identical thing itself; but he may not distrain for it. Prenomen, I. The Christian or given name of a person. Prepense. Aforethought. Prerogative. A privilege; a royal privilege; see 1 Bl. Com. lil, 2S7; Court, 85; Writ. Pres, /r. Near; see Ct-pbbs. Prescribe. To claim title to incorporeal hereditaments, on grounds of long usage, in one's self, one's ancestors, or grantors, by prescription which differs from custom, a local usage not annexed to any particular person. This prescription is acquisitive or positive prescription, as distinct from restrictive or negative prescription, which is the loss of a remedy by lapse of time, an outlawry of action; see 2 Bl. Com. 263; Rob. El. L. Rev. ed., §§ S8, 119. Present. 1. To offer a clerk to the bishop for institution in a benefice; see Presentation. 2. To find judicially; see Presentment. Presentation. The offering of a clerk by the patron to the ordinary for institution in a living; see Advowson. Nomination is the appoint- ment of a clerk to the patron to be by him presented. A person may have the right of nomination by virtue of a manor, by grant or mort- gage of the entire advowson, or of the prochein avoidance, the next presentation. Presentative : see Advowson. Presentment, presentation. The notice taken by a grand jury of an offence from their own knowledge, without an indictment; see i Bl. Com. 301; May Cr. L., § 91. Presents. The writing made and referred to. Prest, prist, pret, fr. Ready. Presumptio, I., presumption. See Pr^sumptio. Presumptive heir. See Heir. Pretium, 2. Price; cost; value; reward. Pretium afiectionis (the price of affection): a fancy price. Pretium periculi: remuneration for risk. Pretium succedit in loco rei: the price succeeds in place of the thing [sold]. PRETORIUM— PRIVATUM COMMODUM 285 Pretoritim. A hall of justice. Pride gavel. A tribute. Prima facie, I. At first appearance; at first sight. Prima tonsura: the first mowing. Primse impressionis (of first impression): without precedent; res nova. I'rimage. A small extra allowance made to the master of a ship for his care and trouble; or to master and mariners for loading and unload- ing, use of cable, etc. ; see Hat-money. Prinier,/r. First. Primerfine: seeFiNE. Primerseisin: afeudalright of the King, when any of his tenants in capite died seised of a knight's fee, to receive from the heir, if he were of full age, one year's profits if the lands were in immediate possession, or half a year's profits if they were in reversion expectant on a life estate. Primitiae, I. The first fruits. Primogenitus. The first born. Primo venienti, I. To the one first coming. An executor anciently paid debts as they were presented, whether the assets were sufficient to meet all debts or not. Primum decretum, I. A provisional decree from a court of admiralty. Primus inter pares, I. First among equals. Princeps legibus solutus est, I. The emperor is unbound by laws. Principal. Chief, the one conmianding; as opposed to Access abt. Agent, q. v.; see Rob. El. L. Rev. ed., § 475. Principal challenge: see Challenge. Principia probant, non probantur, I. Principles prove, and are not [to be] proved. Principiis obsta: see Obsta. Principium: the be- ginning. Prior in tempore, potior in jure, I. The one earher in time has the better right; see Qui prior, etc. Pris,/r. Taken. Prise, prisa, {. : a seizure. Prisage, fr. 1. An ancient right of the Crown to take two tuns of wine out of every ship importing twenty or more. 2. The s^are of the Crown in prizes captured at sea. Prisal en auter lieu, fr. A taking in another place. Prist, fr. Ready; an old word in oral pleading expressing a tender or joinder of issue. Private act, statute. A statute affecting private concerns, of which the courts are not bound to take judicial notice. Private corporation: see Corporation. Private law: law affecting rights between sub- ject and subject; see Public law; International law. Private nuisance: a nuisance affecting a private person or his estate; see Nuisance; S Bl. Com. 215; 131 N. Y. 211. Privatum commodum publico cedit, or privatum incommodum publico bono pensatur, I. Private advantage must yield to pubUe; or, the private inconvenience is made up by the pubUc good. Privatorum pacta, etc.; see Pacta fbivata, etc. 286 PRIVEMENT ENCEINTE— PRO Privement enceinte, /r. Privily [not visibly] pregnant. Privies. See Privity. Privignus, I. A stepson. Privilege. A private right or franchise of some particular person or class, against or beyond the course of law. Writ of privilege : a writ for a member of Parliament, arrested on a civil suit, to obtain deliv- erance out of custody. Privileged communication. 1. A defamatory statement made to an- other, in pursuance of a duty political, judicial, social, or personal, so that an action for libel or slander will not lie, though the statement be false, unless in the last two cases actual malice be proved in addition; see Big. Torts, 8th ed., 301S19. 2. A communication protected from disclosure in a legal proceeding, as one from a client to his counsel; see Rob. El. L. Rev. ed., § W4. Privileged debts: debts which are first paid in full out of a decedent's or insolvent's estate, in preference to all others. Privilegium clericale, I. Benefit of clergy; see 4 Bl. Com. 365. Privi- legium contra rempublicam non valet: a privilege [excuse] does not avail against the pubUc good. Privity. Connection; mutuality of interest. The term privy is properly used in distinction from party; but privies to a contract is used to mean the parties themselves. Privity of estate: those interested, or who have been or might have been interested, in the same estate under the same title; as an ancestor, an heir, a grantor or grantee, etc. Privy. See Privity. Privy council: the English royal council, the judicial committee of which acts, or formerly acted, in lunacy, ec- clesiastical, and admiralty cases as a court of last appeal; and has power of inquiring into offences against the government; see Court, 6, 14. Privy seal: in England, grants and letters pass first under the privy signet, kept by a secretary of state; see 2 Bl. Com. SJfl; then under the privy seal, kept by the Lord Privy Seal, usually a baron and member of the Cabinet; and then, if necessary, under the Great Seal. Privy verdict: one formerly given to the judge out of court, when the jury had agreed after adjournment. Prize Court. See Cotjrt, 92. Pro, I. For; in consideration of; on behalf of; in lieu of. Pro bono et malo: for good and evil. Pro bono publico: for the public good. Pro confesso (for confessed): a decree upon a bill in equity in favor of the plaintiff, when the defendant has not appeared and answered. Pro consilio: for advice given. Pro consilio rmpedendo: for advice to be given. Pro convicto: as convicted. Pro defectu emptorum: for want of purchasers. Pro defectu ezitus, hseredis: for failure of issue; for want of an heir. Pro defectu justitias: for defect of justice. Pro defendente: for the defendant. Pro derelicto: as abandoned. Prodignitateregali: in consideration of the royal.dignity; seelBl. Com. PROAMITA— PROCES-VERBAL 287 SSS. Pro diviso: as divided; in severalty. Pro domino: as master. Pro eo quod cum: for that wliereas. Pro et durante: for and during. Pro falso clamore: for his false claim; see In mercy. Pro forma: as a matter of form; see S Kent, S4S. Pro hac vice (for this turn) : for this particular affair. Pro indefenso: as making no defence. Proindiviso: as undivided; in common. Pro interesse suo: to the extent of his interest. Pro Isesione fidei: for breach of faith; see LjEsionb; S Bl. Com. 62. Pro legato: as a legacy. Pro majori cautela: for greater security. Pro misis et custagiis: for costs and charges. Pro non scripto: as if not written. Pro omni servitio: in lieu of all service. Pro quer', querente: for the plaintiff. Pro rata: proportionately. Pro re nata: for the immediate occasion. Pro salute animae: for the welfare of the soul. Pro solido: for the whole; in a lump. Pro socio: for a partner. Pro suo : as one's own. Pro tanto : for so much ; on the account of. Pro tempore : for the time being. Pro termiao vitarum, suarum: for a term of their Uves. Proamita, I. A grandfather's sister. Proavia, I. A great-grandmother. Proavunculus, I. A great-grandmother's brother. Proavus, I. A great-grandfather. Probable cause. Facts that would lead a man of ordinary caution and prudence to beUeve, or entertain an honest and strong suspicion, that the person arrested is guilty; see 4 Cush. 238; 53 N. Y. 17. Probate. The proof of, or proceedings in proving, a will before the proper authorities; see Court, 25, 51, 79, 110. Probatio viva, I. Proof by Uving witnesses. Probatio mortua: proof by deeds, writings, etc. Probation officer. One to whom is committed for supervision, a person convicted of a minor offence. Probator, I. An approver. Probi et legales homines, I. Good and lawful men. Probus et legalis homo, I. A good and lawful man; free from all excep- tion as a juror or witness. Procedendo, I. 1. A writ to remove a cause, which has been taken to the superior court on certiorari or otherwise, back to the inferior court; see 1 Bl. Com. 353. 2. Procedendo ad judicium: a writ issuing from the common-law side of Chancery to a subordinate court which delayed judgment, directing it to give judgment for one side or the other. 3. Procedendo in loquela: a writ from the King authorizing the judges to proceed in an action concerning title after an aid- prayer. 4. A writ to revive the commission of a justice of the peace, suspended by a supersedeas. Procedure. The formal steps in an action; the rules governing the process, pleading, and method of trial, judgment, and execution. Proces-verbal, fr. An inventory; official minutes; a relation of what has been said or done in the presence of an officer, duly attested by him. 288 PROCESS— PROHIBITION Process. 1. The procedure or method of getting a defendant into court; the summons, writs, and attachments for that purpose: original process. 2. Mesne process was formerly process not depending on the original writ, but on interlocutory or collateral matter; but now is commonly used to mean all process before judgment and final process [process of execution]; particularly, the ca. resp. Prochein amy, fr. Next friend; see 1 Bl. Com. Jfi^; Rob. El. L. Rev. ed., ^187. Procheyn heire : next heir. Prochein avoidance: see Presen- tation. Proclamation. 1. An old writ issuing to the sheriff upon an exigent in process of outlawry, to make three proclamations to the defendant to jdeld himself or be outlawed. 2. In chancery practice, a pubUc notice declaring a defendant, who had not appeared upon subpoena and attachment, a rebel if he failed still to appear by a certain day. 3. Of a fine : the public notice of a fine of lands, given by reading it sixteen times, — four times, witliin the year after its engrossing, at each assize of the county where the lands lay; see S Bl. Com. 362. Proctor. The attorney in an admiralty or ecclesiastical court; see 3 Bl. Com. 25. Procul dubio, I. Without doubt. Prociu-atio, I., procuration. Agency; administration of another's affair on his behalf. A letter of attorney. Procurations. Payments made by parish priests to bishops and arch- deacons upon their visitations; see ^ Bl. Com. 167. Procurator. A proctor, q. v. Procurator fiscal. A public prosecutor. Prodigal. One who, though of full age, is not capable of managing his own affairs, and is therefore under guardianship. Proditorie, I. Traitorously; a word technical in indictments for treason. Productio sectae, I. Production of suit. In old English law, the pro- duction by a party of his witnesses; the tender of suit to prove his case, preceding the medial or proof judgment; the process referred to in the phrase et inde producit sectam; see Sbcta; Witttess. Profert, profert ad curiam. The production in court by a party of an instrument on which he relies; or the offer to produce, made in the pleading; see Rob. El. L. Rev. ed., § 315. Profit k prendre. A right with a profit which one man has in another's land, such as a right of common, a right to enter and dig sand, etc.; see 49 Fed. R. 549; Rob. El. L. Rev. ed., § 67. Profit k rendre : see Render; In prbndeb; Render. Prohibitio de yasto, I. A judicial writ to prohibit waste pending a suit. Prohibition. A prerogative writ issuing from the King, or a superior court, or Chancery, to restrain proceedings in an inferior, or particu- larly an ecclesiastical court, for want of jurisdiction; see 74 Md. 645; S Bl. Com. 112. PROINDE— PROTECTION 289 Proinde, I. Therefore. Proles, I. Issue; progeny; lawful issue. Proletarius. One who pays a tax merely on account of his children. Prolicide, I. Killing of human offspring. Promisee. One to whom a promise is made. Promisor. One who makes a promise. Promissory note. See Nota. Promoters. 1. Common informers; prosecutors in popular and penal actions. 2. The members of a company before its incorporation or charter. Proof. iSee Halp-proop; Full phoop. Property. The right and interest which a man has in land or chattels for his exclusive enjoyment; see 2 Bl. Com. S; Bob. El. L. Rev. ed., § 43. Propinquus, I. Near; next of kin. Propios, span. Portions of ground reserved at the founding of a town, and inalienable, for public use; see 12 Pet. 44^. Proponent. In ecclesiastical law, a person propounding an allegation. One who offers a will for probate. Proportum. The intent or meaning. Propositus. The person proposed, taken as an example. Propound. To offer in court; to present a will for probate. Propre,/r. Own; proper. En propre person: in [his] proper person. Proprietas, I. Property. Proprietas plena: full property, both the title and the beneficial interest. Proprietas nuda: naked property, the bare title. Propria manu, I. By his own hand. Propria persona: in his own per- son. Proprio jure: by one's own right. Proprio nomine: in his own name. Proprio vigore : of its own force. Proprietate probanda. iSee De. Propter, I. For; on account of. Propter affectum: on account of in- terest; see Challenge. Propter commodum curiae: for the advan- tage of the court. Propter curam et culturam: for care and cultivation. Propter defectum sanguinis: for failure of blood; see Escheat. Prop- ter delictum: on account of crime; see Challei^ge. Propter delic- tum tenentis: for crime of the tenant; see Escheat. Propter honoris respectum: for respect of rank; see Challenge. Propter majorem securitatem: for greater security. Propter ssevitiam, adulterium: for cruelty, adultery. Prosecutor. In England, the person instituting a criminal proceeding on behalf of the Crown. Prostemere, Z. To throw down; to abate. Prostratus: abated. Protectio trahit subjectionem et subjectio protectionem, I. The pro- tection [of a sovereign] draws after it subjection, and subjection, protection. Protection. A prerogative writ granted by the King to a person in his employ, making the latter quit of all suits for a certain time. 19 290 . PROTEST— PUFFER Protest. The formal written declaration by a notaiy of the dishonor of a note or bill; see Bob. El. L. Rev. ed., § 169. Protestando, I. By protesting; words in a protestation. Protestation. A method of informally denying a fact in pleading, so that the pleader would not be estopped from denying it in another action or issue, but not so as to render the plea double. Prothonotary. A chief clerk in the K. B., C. B., or other court. Protocol. A record or register. Protocolo, span. The original draft of an instrument of which the notary retains possession. Prout, I. As. Prout moris est: as the custom is. Prout patet per recordum: as it appears by the record. Prover. An approver. Provisione legis, Z. By the provision of law. Provisione viri: by pro- vision of the husband; see Dower. Proviso, I. Provided. A clause in a writing which is excepted from the provisions of the writing, or quaUfies it; see 1S8 U. S. 174; 98 Cal. 4SS. Trial by proviso was where the plaintiff failed to proceed after issue joined; whereupon the defendant took the necessary steps to a trial, issuing the venire, etc.; see S Bl. Com. 356. Prox', for Proximus, Z. The nejct. Prox' seq', sequente: next follow- ing. Proximus haeres: the next heir. Public act. One binding the whole community, and of which courts take judicial notice. Public building: one of which the posses- sion and use, as well as the property in it, are in the public; see 34 N. J. L. 38S. Public charity: one so general and indefinite in its objects as to be of common and public benefit; see 11 Alien, 456. Public corporation: see Cobporation. Public law: the law as be- tween the subject and the sovereign or state; criminal law; see In- TEKNATiONAL LAW. PubUc nuisance: one affecting an indefinite number of persons, not the owner of a particular lot of land; see Bob. El. L. Rev. ed., § 50Z; Nuisance. Public policy: the legal principle that no act may be done which has a tendency to injure the public; see 36 Ch. Div. 369; 4S Fed. R. 470; Rob. El. L. Rev. ed., § 502. Publication. 1. The declaration of a testator that a given writing is intended to operate as his last will. 2. The opening of depositions, taken in Chancery, to the inspection of the parties. 3. The commu- nication of a libellous statement to a third person. Publici juris. Of public right. Publish. To make known; see 54 N. J. L. 111. Pudicity. Chastity. Pueritia, I. Childhood; the age from seven to fourteen; see 4 Bl. Com. Puffer. A by-bidder at an auction employed by the owner of the auctioned property to raise the price upon bona-fide bidders; see 11 S. & B. 89. PUIS— QU^ 291 Puis, puys, puz, etc., Jr. After,' since. Puis darrein continuance: a plea of new matter arisen since issue joined, since tiie last continu- ance; a plea to the further maintenance of the action; see S Bl. Com. 316. Puisne: younger; junior; later in time; an ordinary judge in bank as distinguished from the chief justice. Puis que: after that. Mulier puisne : see Mulieb. Puissance, /r. Power; authority. Punctum temporis, I. A point of time. Punica fides, I. Punic faith; treachery. Pur, pour, Jr. For. Pur auter vie: for the life of another; see S Bl. Com. ISO; Auter; Estate. Pur cause de vicinage: by reason of neighborhood; see Common. Pur ceo que: forasmuch as. Pur tant que: because; in order that. Purchase. The acquisition of property by the act of the parties as distinguished from the act of law; by gift, grant, or devise, as dis- tinguished from descent, escheat, or reverter; acquirement, not in- heritance; see Z Bl. Com. 2U; 96 III. 635; Reeves B. P., § 995. Words of purchase : see Limitation. Purgation. The act of purging one's self of a fault or accusation; clear- ing one's seK of a crime. Canonical purgation : the purgation of a clerk by his own oath, with or without compurgators, or by the corsned; as distinct from vulgar purgation, purgation by the ordeals of fire, water, or battel. Purlieu. A place (disforested) on the edge of a forest. Purparty, Purprestura. See PotrRPABTr; Potjrpresture. Purq', purquoy, Jr. Wherefore. Pursue, sc. To prosecute. Pxirsuer: a plaintifiE in an ecclesiastical court. Purview, poixrvu, /r. 1. Provided. 2. The enacting clause, or body, of a statute; the scope of the act. Putative. Supposed; reputed. Pyromania. An irresistible propensity to burn. Q. B. The Queen's Bench; see Coubt of King's Bench; Coxtbt, 8. Q. C. Queen's counsel. Q. V. (Quod vide), I. Which see; a reference to another title in a book. Qua, I. As; in the capacity of. Qua executor: as executor, etc. Quacunque via data, I. Whichever view be taken (way be given). Quadrans, I. The fourth part of the whole. Quadroon. A person one of whose parents was white and the other half black. Qu£e ad unum finem locuta sunt non debent ad alium detorqueri, I. [Words] which are spoken to one end ought not to be perverted to an- 292 QUiELIBET— QUANDO other. Quae est eadem (which is the same): words used in pleas of justification of trespass, alleging that the trespass justified is the same as that of which the plaintiff complains. Quae fieri non de- bent, facta valent: things which ought not to be done [may yet] be vahd when done. Quae in testamento ita sunt sciipta, ut intelligi non possint, perinde sunt ac si scripta non essent: things which are so written in a will as not to be intelUgible are as if not written at all. Quae nihil frustra: which [requires] nothing [to be done] in vain. Quae non valeant singula, juncta, juvant: [words] which, taken singly, are inoperative, are vahd if taken together. Quae plura: a writ like a Tnelius inquirendum, but issuing when the escheator had proceeded tnrtute officii, not by diem clausit extremum. Quaelibet concessio fortissime contra donatorem interpretanda est, I. Every grant is to be interpreted most strongly against the grantor. Quaere, i. Inquire; question; doubt. Quaeritur: it is doubted. Quaerens, I. [Properly qusrens.] A plaintiff; suitor. Quasrens nihil capiat, etc.: see Nihil; Nil. Quaerens non iuvenit plegium: a re- turn of the sheriff, that the plaintiff found no security, to a writ containing the si fecerit clause. Quaestor, I. A Roman magistrate. Quale jus, I. An old judicial writ that lay to inquire by what right a clerk had recovered a judgment for land, to see that the statutes of mortmain were not evaded. Qualified fee. See Base fee, 1. Quamdiu, I. As long as. Quamdiu se bene gesserit: as long as he shall conduct himself well; during good behavior; like ad vitam aut cidpam, a kind of tenure of office. Quando abest provisio partis, adest provisio legis, I. When the provi- sion of the party is wanting, the provision of the law is at hand. Quando acciderint (when they shall fall in): a judgment for the creditor of a decedent on a plea of plene administravit by the admin- istrator, to be satisfied out of assets which may afterwards come into his hands. Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud: when [the law] commands a thing, it also com- mands [authorizes] all [means] by which it may be accompUshed. Quando aliquid prohibetur fieri ex directo, prohibetur et per obli- quum: when anything is prohibited to be directly done, doing it in- directly is also forbidden. Quando aliquis aliquid concedit, etc. : see CtncuNQUE, etc. Quando duo jura concxuxunt in una persona, aequum est ac si essent in diversis: when two rights [titles] unite in one person, it [the law] is the same as if they were in different persons [i. e., he can assert either title separately]. Quando lex aliquid aliqui concedit: see CuicoNQTrE, etc. Quando lex est specialis, ratio autem generalis, generaUter est intelUgenda: when a law is [apphed to a] special [case], but its reason general, it should be [applied] understood QUANDOCUNQUE— QUASI 293 generally. Quando licet id quod majus, videtur licere id quod minus : when the greater is allowed, it seems that the less should also be. Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est: when more is done than ought to be done, that which ought to be done is held as done [held good], Quandocunque, I. At whatever time. Quant, /r. When; as; how much. Quantesfois: how many times. Quantity of estate. Its degree of interest or time of continuance. Quantum meruit, I. (As much as he deserved.) The common count for work and labor; see Z Bl. Com. 16S, 163; Bob. El. L. Rev. ed., § 1S9. Quantum valebant (as much as they were worth) : the common count for goods sold and delivered; see 3 Bl. Com. 163. Quantum damnifi- catus: an issue to ascertain the amount of damages, directed by Chancery in a court of common law. Quarantine. Forty days, the period which during dower was to be as- signed a widow, and she was allowed to remain in the mansion-house; see 2 Poll. & Maitl. Hist. 42Z. Quare, I. Wherefore; why. Quare clausum f regit (because he broke the close) : the action of trespass vi et armis for unlawful entry on the plaintiff's land; see 3 Bl. Com. 281. Quare ejecit infra terminum (because he ejected within the term): an action which lay for the ousted tenant of a term to recover it and damages from the feoffee of the wrong-doer, or person claiming under him; see 3 Bl. Com. 207. Quare impedit: a real action to recover an advowson, brought by a par tron against a bishop or other person hindering his presentation; see 3 Bl. Com. 246. Quare incumbravit : a writ for the patron to recover the presentation and damages when the bishop had admitted a clerk to the Uving pending a qvare impedit, and notwithstanding a ne admittas; see 3 Bl. Com. 248. Quare non admisit: a writ for the patron to re- cover damages from the bishop for not admitting his clerk, after a writ ad admittendum clericum; see 3 Bl. Com. 250. Quare non per- mittit: a writ for him who has the right of nomination against the patron for refusing to present his clerk. Quare obstruzit: a writ against a person obstructing a right of way. Quarter days. In England, the 25th of March, Lady day; the 24th of June, Midsummer day; the 29th of September, Michaelmas day; the 25th of December, Christmas day. In Scotland, the 2d of February, Candlemas; the 15th of May, called Whitsunday; the 1st of August, Lammas day; the 11th of November, Martinmas. Quarter ses- sions: a minor criminal court held quarterly before two or more justices of the peace in each English county; see Cotjrt, 40. Quarto die post, I. The fourth day after; see 3 Bl. Com. 278; Day. Quash. {Casser, fr.) To break; to annul; to abate; see Rob. El. L. Rev. ed., § 598. Quasi, I. As if; almost; as it were. Quasi agnum committere lupo: like handling the lamb over to the wolf. 294 QUE— QUI Que,/r. That; who; which; than. Queestlemesme: Qiue est eadem, q. V. Que estate (which estate) : the estate ot whom; a term used in prescribing for easements enjoyed by former owners of the land, whose estate the person averring title now has; see 2 Bl. Com. 270. Queen consort. The wife of a reigning king; see 1 Bl. Com. 218. Queen dowager. The widow of a king; see 1 Bl. Com. 229. Queen's Bench. See Court, 8. Queen's counsel: a barrister called within the bar, appointed by letters patent to be her Majesty's counsel learned in the law, who has precedence over others, of the outer bar, cannot plead against the Crown without a Ucense, and may wear a silk gown. Queen's evidence, State's evidence: evidence given by an accomphce, in capital cases, in the hope of pardon. The ad- mission of Queen's evidence required the sanction, in England, of the justices of gaol delivery'; and, if unsatisfactory, the witness was hanged, like the rest; see Approver. Quer', querens, I. The complainant, or plaintiff. Querela, I. A plaint; a count; a lawsuit. Questus, I. (From Qwxrere.) Acquired, purchased land. Questus est nobis, I. (From Qiteror.) He hath complained to us. An old writ of nuisance against him to whom the person levying [erecting] the nuisance had conveyed the land. Qui, i. Who. Qui approvatnonreprobat: one who approbates [ratifies] cannot reprobate [repudiate, as to a part]. Qui concedit, etc.: see CuictrNQtrB, etc. Qui destruit medium destruit finem: he who de- stroys the means destroys the end. Qui ex damnato coitu nascuntui inter liberos non computantur: those who are bom of an iUicit con- nection are not counted among children. Qui facit per alium, facit per se : he who does a thing by another does it himself. Qui hseret in litera haeret in cortice: he who stick? at the letter sticks at the rind [goes but skin-deep into the real meaning]. Qui in jus domin- iumve alterius succedit jure ejus uti debet: he who succeeds to the right or property of another ought to enjoy the other's rights [be in the same legal position]. Qui jure suo utitur neminem laedit: he who but exercises his own right injures [legally] no one. Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse: one who did a thing by a judge's command is not supposed to have acted from an improper motive. Qui non habet, etc.; see Nemo dat. Qui non habet in cru- mena [aere] luat in corpore: he who has not in purse [money] must pay in person. Qui non prohibet cum prohibere possit, jubet: he who does not forbid when he can forbid, commands. Qui peccat ebrius, luat sobrius: he who sins while drunk must be punished while sober. Qui per alium, etc. : see Qtrt facit, etc. Qui prior in tempore, potior in jure : he has the better title who was prior in time. Qui sentit com- modum sentire debet et onus: he who feels the advantage ought to bear the burden. Qui tacet consentire videtur: he who is silent seems to consent. Qui tarn: see Action. Qui tardius solvit minus solvit: QUI— QUOAD HOC 295 he who pays too late does not pay at all. Qui vult decipi decipiatur: let him who wishes to be deceived be deceived. Qui, /r. ' Who. Qui doit inheriter al pSre, doit inheriter al fitz: he who would inherit from the father ought to inherit from the son. Quia, I. Because. Quia dominus remisit curiam (because the lord has remitted his court) : a plirase used in, and applied to, a writ of right brought originally in the King's court, and not in the manorial court; see SBl. Com. 195. Quia emptores: the Statute of Westminster III., 18 Edw. I. c. 1, by which subinfeudation was abrogated; providing that owners of freehold land might freely sell their lands, but that the grantee should hold of the lord paramount, as did the grantor, and by the same services; see 2 Bl. Com. 91. Quia erronice emanavit: be- cause it issued erroneously. Quia timet: see Bill, I. 14. Quicquid plantatur solo solo cedit, I. Whatever is planted in the boU be- longs thereto. Quicquid solvitur solvitur secundum modum solven- tis: whatever is paid is to be apphed according to the intention of the payer; see Application of payments. Quid, I. What. Quid pro quo: something for something. Quidam, /. Somebody. Quietantia, 2. An acquittance. Quietus, I. Quit; an acquittance; a discharge. Quieta clamantia: quitclaim. Quietireditus: quitrents; see Assize. Quietumclamare: to quitclaim. Quilibet potest renunciare juri pro se introducto, I. Any one may waive a right introduced for his own benefit. Quinque portus, I. The Cinque-ports. Quinto ezactus, I. (Five times called.) A return of a sheriff after the fifth and last proclamation in outlawry; see S Bl. Com. S83; 4 'id- 319. Quitclaim. A deed of release, or discharge of claim; a deed without a warranty. Quitrent. See Assize; Chief bents. Quivis prsesumitur bonus donee probetur contrarium, I. Every one is presumed innocent until the contrary is proved. Quo animo, I. With what intention, motive; see 19 Wend. 298. Quo jure (by what title) : a writ for one against another claiming common of pasture in his land. Quo minus (by which, not) : words at the be- ginning of the old writs in Exchequer, suggesting the fiction that the plaintiff was the King's debtor; see 3 Bl. Com. 46. Quo warranto (by what warrant) : an old prerogative writ of right for the King against one who usurped an office, franchise, or title, requiring him to show his authority; see 3 Bl. Com. 262, 263; Rob. El. L. Rev. ed., § 268. Information in the nature of a quo warranto: originally a criminal information for the wrongful use of a franchise, is now the usual civil method for trying the title to public or corporate offices. Quoad hoc, I. As to this; as far as this is concerned. 296 QUOD— QUORUM Quod ab initio non valet, in tractu temporis non convalescet, I. What is void in the beginning does not become valid by lapse of time. Quod adrficatur in area legata cedit legato: things erected on devised land go to the devisee. Quod approbo, etc. : see Qui appbobat, etc. Quod breve cassetur (that the bill be quashed) : the form of judgment on a plea in abatement. Quod computet (that he account) : the interlocu- tory judgment in an action of account. Quod concesstunfuit: which was granted. Quod contra legem fit pro infecto habetiu-: that which is done contrary to law is held as not done at all. Quod cum: that whereas. Quod curia concessit: which the court granted. Quod ei deforceat (that he deforces him) : a writ for the owner of a particular estate who had lost his lands by default on a prcecipe quod reddat; see 3 Bl. Com. 193. Quod fieri, etc.: see Fieri, etc. Quod initio, etc.: see Quod ab initio, etc. Quod meum est sine facto meo vel defectu meo amitti vel in alium transferri non potest: what is once mine can- not be transferred to another without my act or default. Quod non apparet, etc.: see Idem est, etc. Quod non habet principium, non habet finem: that which has not a beginning has not an end. Quod nota: which note [take note of]. Quod nulluis est, that which has no owner, est domini regis, belongs to the King; id ratione natural! occupant! conceditur, is by natural right yielded to the [first] occu- pant. Quod partes replacitent: that the parties plead over. Quod partitio fiat: that a partition be made. Quod permittat: a writ for the heir of one disseised of common of pasture against the heir of his disseisor. Quod permittat prostemere: an old writ of right com- manding the defendant to permit the plaintiff to abate a nuisance. Quod pure debetur praesenti die debetur : what is due unconditionally is due to-day. Quod recuperet (that he recover) : the ordinary form of judgment for the plaintiff. Quod redeat inde quietus in perpetuum, et querens in misericordia: that he go thence forever quit, and the plaintiff be in mercy. Quod remedio destituitur, ipsa re valet, si culpa absit: in matters where there is no remedy, a thing may be- come valid by a mere act, provided there be no wrong. The doctrine of remitter and other extra judicial remedies. Quod respondeat, etc. : see Respondeat, etc. Quod salvum fore receperint: which they re- ceived for safe keeping. Quod semel meum est amplius meimi esse non potest : that which is once mine cannot be more fully miue. Quod semel placuit in electionibus amplius displicere non potest: election once made cannot be revoked. Quod si contingat: that if it happen. Quod stet prohibitio: that the prohibition continue. Quod voluit non dixit: whatever he meant, he did not express it. Quod vide: which see. Quodque dissolvitur, etc., Quomodo quid, etc. See Eodbm, etc. Quorum, I. Of whom; of which; whereof. Justices of the quorum: certain justices of the peace were so named, without the presence of one of whom no other justices could act, in certain cases. QUOTA— RECAPTION 297 Quota. Portion of expense. Quoties in verbis nulla ambiguitas est, ibi nulla expositio contra Verba fienda est, I. As long as there is no ambiguity in the words, no inter- pretation should be made contrary to them. Quousque, I. Until; as long as. Quovis modo, I. In whatever manner. Quum, {. When; see Cum: Quando. R R. 6., Reguls generales, I. General orders, or rules. Rachetum. To redeem. Rack rent. A rent of the full value of the tenement; see Rob. El. L. Rev. ed., § e$. Ran, sax., rapina, I. Open theft; robbery. Raptus, I. Rape; abduction. Rapuit: he ravished. Ratify. To adopt an act performed by another. Ratihabitio mandate sequiparatur, I. Ratification is held equal to a command. Ratihabitation. A ratification. Ratio, I. Reason. Ratio decidendi: the grounds of decision; see Rob. El. L. Rev. ed., § 10. Ratio legis: the reason [occasion] of the law. Ratione contractus: by reason of the contract; impotentie, inability, impotence; tenurse, of tenure, etc. Rationabilis, I. Reasonable; see Dos; De bationabili. Ratum, I. Held good; vaUd. Ravishment de gard. See De baptu.S!hedi8. Re, I. In the case [of]. In place of; see Rem; Res. Re, fa. Io.: Recor- dari facias loquelam. Re,/r. King. Real: royal. Real. Pertaining to land in an enlarged sense. In Civil Law, relat- ing to a thing, as distinguished from a person. Real action, chattels, contract, covenant, evidence, property; see Action, Chat- tels, Contract, Covenant, Evidence, Property. Reasonable part. One third share of a man's goods which went to his wife, another to his children, and another to his executor, at common law; see De bationabili parte bonobum. Reassurance. The insurance of property insured, made by the first in- surer to protect himself. Rebellion. See Commission, 8. Rebouter. To rebut or bar. Rebus integris, I. The circumstances complete [yet unchanged]. Rebutter. See Pleading. Recaption. 1. A retaidng, or reprisal; as of stolen goods; seeSBl.Com. 4; 4 id. 363. 2. A second distress upon one formerly distrained for 298 RECEIPT— RECORD the same cause. 3. A writ for the party so distrained, for damages; see S Bl. Com. 151. Receipt. One side of the Exchequer; see Court, 11. Receipt, in eon- tracts of sale; the actual receipt of the goods, the transfer of posses- sion; as distinguished from acceptance, which is the transfer of title, not necessarily of the goods. Receiptor. A person, usually a friend of the debtor, to whose safe keep- ing a sheriff commits goods attached. Receiver. 1. One who knowingly receives, and keeps or disposes of, stolen goods. 2. A managing trustee appointed by a court of equity to take charge of a railway or other property pending suit. Receivers' certificates. A non-negotiable evidence of debt issued by a receiver, under authority of the court of equity by which he was appointed, as a first lien on the property in his hands; see 97 U. S. 146. Recens insecutio, secta, I. Fresh suit. Receptus, I. An arbitrator. Recession. A re-grant. Recessus, I. Egress. Recessus maris: reliction of the sea. Recidivist. An habitual criminal. Recognitio, I., recognition. An inquiry, conducted by a chosen body of men, not sitting as part of the court, into the facts in dispute in a case at law; these recognitors preceded the jurymen of modem times, and reported their recognition or verdict to the court. An inquisition was held by the court itself, as recognitors. Recognizance. 1. A recognition; the verdict of an assize; see Z Poll. & Maitl. Hist. 203. 2. An acknowledgment of a past debt, made upon record, with or without sureties [or by sureties for a defendant's appearance], made to be void on the happening of a condition. It existed at common law, and by the Statutes Merchant and Staple; see 2Bl.Com.3Al. Recognize. To make recognition; to examine as an assize. To ac- knowledge. Record. 1. A court having power to fine or imprison for contempt; a court of which the proceedings were entered in writing (formerly on parchment), a copy of which was conclusive evidence of the fact of such proceedings at another trial; a King's court as distinct from a subject's; see Court, 117. 2. An enrolment or memorandum made in a court or registry, formerly necessarily on parchment. 3. An- ciently, the proceedings of a court, although oral; or a plea thereof. 4. The official instrument containing an account of the proceedings in a court of justice, the history of the case; see Nisi prius. Trial by record: when the issue turns upon a record, and is tried by the inspection of the court without witness or jury. Anciently (see Record, 3), by the proceedings in a previous action as proved orally by witnesses. Matter of record: matter evidenced by record, and RECORDARI FACIAS LOQUELAM— RECUPEEATORES 299 which can therefore be proved and disproved only by the record itself or an authorized copy. Recordari facias loquelam, I. An old writ issuing for the plaintiff or defendant, in a suit brought in a county court, directing the sheriff to cause the plaint to be recorded, and to remove it to one of the courts at Westminster; see 3 Bl. Com. 34, 37, 195; Court, 29. Recordum. A record. Recoupe, /r. To defalk, discount, or deduct. Recoupment. A deduction made for a past claim in satisfying a present demand, both claims arising in the same matter, therein differing from set-off; see Rob. El. L. Rev. ed., § S92. Discount: a present de- duction made in satisfying a future claim. Recourse, without. A qualified indorsement; an assignment without assuming liability as an indorser. Recovery. 1. A true recovery; the recovery of a thing or its value by judgment in court. 2. A feigned recovery, or common recovery: a method by which a tenant in tail conveyed his estate in fee simple; the recoveror, the person to whom it was to be conveyed, bringing a prcecipe quod reddat against the tenant, who defended his title by vouching [calling] a man of straw to warrant, asserting that the latter had conveyed to him; and upon the default of the vouchee (usually the court crier, the common vouchee), which always happened after leave was given the recoveror to imparl with him, the recoveror had judgment against the tenant, who in turn had a nominal remedy that he recover lands of equal value from the vouchee. A recovery by double voucher was where the estate was first conveyed to some in- different person, the tenant to the praecipe, against whom the prcecipe was brought, and who vouched the real tenant, who in turn vouched the common vouchee. Recreant. A coward; see 3 Bl. Com. 340. Recrimination. An accusation made against an accuser by the accused. Recto, De. Of right ; writ of right. Recto sur disclaimer : a writ of right issuing for the lord upon disclaimer by the tenant. Rectum: right; see De. Rector. A parson; a clerk having full possession of a living and tithes; as distinguished from a vicar, where there has been an appropriation or impropriation of the proedial tithes, and who is as it were the curate of the appropriator, though not removable at his caprice, by Stat. 4, Hen. rV. c. 12; and now commonly the vicarage is endowed. Per- petual curate : the minister of a parish exempted from the operation of 4 Hen. IV. c. 12. Now all parish priests, not rectors, are called vicars; 31 & 3S Vict. c. 117; and a curate can mean only a vicar's or rector's salaried assistant. Rectiun. Right. Rectus in curia, I. Right in court; cleared of all charges or contempts. Recuperatores, I. A Roman judge. 300 RED BOOK OF THE EXCHEQUER— REGICIDE Red Book of the Exchequer. An ancient collection of records and mis- cellaneous manuscripts in the Exchequer. Reddendum, I. (Rendering.) The clause in a charter of feoffment, deed, or lease, specifying the rents or services; see 2 Bl. Com. 299; Rob. El. L. Rev. ed., § ISl. Reddere: to render, yield, or return. Reddidit se: he rendered himself [in discharge of his bail]. Redeem. To regain or purchase back; see 47 Ohio St. 166. Redemption. The process of defeating a mortgagor's title by fulfil- ment of the condition; or by a bill in equity after breach thereof; see Equity of eedemption. Redemptiones, I. Heavy fines. Redeundo, I. Returning; while going back. Redhibition. A civil-law right of avoiding a sale fo;r some vice or defect; see 2 Kent, S74. Redisseisin. A new disseisin by a person previously adjudged a dis- seisor, for which he was hable in double damages. Reditus albi, nigri, I. White rents, black rents; see Black mail, 2. Reditus capitales: chief rents; rents of assize. Reditus quieti: quit- rents. Reditus siccus: rent seek. Reduction, sc. An action to set aside some writing or right. Reduction into possession. 1. Of choses in action. 2. The taking pos- session by the husband of the wife's goods, so as to make them his; see Eqititt, (Wipe's). Redundancy. Foreign matter introduced into a pleading or answer. Re-entry. A resumption of possession of lands or tenements by virtue of a right reserved by the former possessor. Reeve, sax. Gerefa. A ministerial officer. Refalo. Re. fa. lo. An abbreviation for recordari facias loqudam. Refection. Reparation. Referendo singula singulis, I. (Referring singles to singles.) Making proper apphcation respectively. Reg. gen. Regula generalis. Reg. Jud.: Register of Judicial writs. Reg. lib.: the Registrar's book in Chancery, containing all decrees. Reg. Grig. : Register of original writs. Regalia, I. Royal rights or prerogatives. Regalia majora: such as are part of the King's sovereignty, inseparable; minora, such as are created or conferred upon him; see 1 Bl. Com. 241. Regard. One of the old Forest courts; see Court, 76. Regardant. Annexed to the land or manor; see 2 Bl. Com. 93; Villein. Rege inconsulto, I. (The King not advised.) A writ directing judges not to proceed in a cause which might prejudice the King's interests, without advising him thereof. Regia via, I. The royal [high] way. Regiam majestatem, I. An ancient -treatise on Scottish law resembling Glanvil. Regicide. The killing of a king or queen. RJEGIDOR— RELICTA VERIFICATIONE 301 Regidor, span. A municipal council not exceeding twelve members; see 12 Pet. 443, n. Register's Court. A Pennsylvania court with probate jurisdiction. Registrum brevium, I. A register of the original {Reg. Orig.) and ju- dicial (Reg. Jvd.) writs used in the law, first compiled in the reign of Edward I., and preserved in Chancery; see S Bl. Com. 183; Fitz- HERBEHT. Regnal years. The years during which a sovereign reigned; see " A Table op British Regnal Years," p. 345 Appendix. Regrating. Speculating in provisions. The offence of buying provi- sions at a market for the purpose of reselling them within four miles of the place; see 4 Bl. Com. 158. Regula est, etc. See Ignorantia pacti, etc. Regulae generales, I. The general rules and orders issued from time to time by the judges of the EngUsh courts. Regular clergy. Monks Uving in societies, as distinguished from the secular clergy, the parish priests. Rehabere facias seisinam, I. A writ to cause the sheriff to redeliver seisin, who had seised the defendant of too much land under a habere facias seisinam. Rehabilitate. To restore to a former condition of abiUty or capacity one deprived of such by a judgment; see 96 U. S. 163. Rei, I. See Res; Reus. Rejoinder. The defendant's second pleading; see Perry C. L. PL, 181; 3 Bl. Com. 310; Pleading. Relatio semper fiat ut valeat dispositio, I. Reference should be so made that the disposition may be vaUd. Relaxare, I. To release. Relazavi: I have released. Relative powers. Those which relate to land. Relative rights. Those which grow out of relations to other people; see Rob. El. L. Rev. ed., ^171. Relator. The person upon whose complaint an information or quo warranto is filed; see 6 Mass. 231; S Bl. Com. 264, 427. Release. A conveyance wherein the releasor yields his right or estate to a person abeady having some estate or possession in the lands; see Rob. El. L. Rev. ed., §§ ISO, 283. A secondary conveyance, which may enure either (1.) by passing the estate (mitter I'estate), where a fee-simple will pass without any words of limitation, as from one joint tenant or coparcener to another; (2.) by passing the right (mitter le droit), where words of limitation are not necessary, and there is no privity of estate^ as from a disseisee to a disseisor; (3.) by extinguish- ment, as of a seigniorial right, or right of reversion; (4.) by enlarging a particular estate (enlarger I'estate); (5.) by entry and feoffment, aa where one of two disseisors releases to the other; see 2 Bl. Com. 324- Relegatio. A kind of banishment imder the civil law. Relicta verificatione. See Coqnoscere; Cognovit. 302 RELICTION— RENT Reliction. The receding of the sea, whereby land is left dry. Relevamen, relevium, I., relief. 1. A fine paid by the heir of a deceased tenant in chivalry for " taking up " the feud. 2. The specific assis- tance sought by a plaintiff in equity. Rem. Thing. Rights ad rem: see Juea ad rem; Ad kem. Remainder. A future estate at conamon law, created to take effect after the end of a previous estate, which is called the particular es- tate; see Rob. El. L. Rev. ed., § 97. A vested remainder is a future estate given to some certain person or persons, which is to take effect immediately on determination of the particular estate, and must be ready at all times to take effect (if not divested, as by death of the remainder-man) upon the determination of the particular estate in any way; and which must take effect at some time, if not divested. A contingent remainder is one which does not fulfil these conditions, because it depends upon an event which may never happen, or may not happen before the determination of the particular estate, or be- cause the person to take the remainder is uncertain, or not in being. A remainder limited by way of use is when a future use is so limited that it might take effect as a remainder; in which case it is so consid- ered; and the use becomes subject to the laws which govern remainders at common law. Remanentia, remanere, I. A remainder. Remanet, I. A cause postponed to the next term. Remanent pro defectu emptorum (they remain for lack of purchasers): a sheriff's return to a writ of fi. fa. that he has been imable to sell the goods distrained. Remitter. The doctrine by which a disseisee having good title, who acquires a later defective title and enters under it, is remitted to his original good title and deemed to hold thereby, free of incumbrances by the disseisor; see 3 Bl. Com. 19, 190; Quod hemedio, etc. Remittit damna, I. The entry of the plaintiff on the record that he re- mits part of the damages awarded him by the verdict. Remittitur: the sending back of a record from a superior to an inferior court for entry of judgment, new trial, or other proceedings. Remoteness. See Perpetuity. Remoto impedimento, emergit actio, I. The bar being removed, the action arises. Render, p. To jdeld; pay; return; used of rents, profits, or services which the tenant had to render, not the landlord to take; see Pkender. Renounce probate. To refuse to act as executor under a will. Renovant. Renewing. Rent. A certain amoimt of money, goods, or services rendered to the lord by the tenant in acknowledgment of tenure and compensation for his possession. If the grantor of the land have a reversion and may distrain, it is rent service ; if he have no reversion, but may nev- ertheless distrain by special clause in the grant, it is rent charge; SM REO ABSENTE— RES 303 S Bl. Com. 4^; if he have no reversion nor right of distraint, it is rent seek ; see Bob. El. L. Rev. ed., § 6S. Black rent, Chief rent. Fee-farm rents, Back rents. White rents, rents of assize; see those titles. Reo absents, I. In the absence of the defendant. Reparatione facienda, I. A writ to force the owner or part owner of property to make repairs. Repellitur a sacramento infamis, I. An infamous person is (repelled from) refused the oath. Repetitum namium, I. A repeated or counter distress, withernam; see S Bl. Com. 1^9. Repleader. To plead the case over again, as when no satisfactory issue has been reached; see 3 Bl. Com. 395; Bob. El. L. Rev. ed., § 344. Replegiare, I., replevir, fr. To take back on pledge; to replevy. Re- plegiare de averiis: replevin of cattle. Replegiari facias: the original writ in replevin. Replevin. An action for the specific recovery of cattle or goods dis- trained or taken; see 3 Bl. Com. 13, 170; Bob. El. L. Rev. ed., § 262; Cepit. The replevisor or plaintiff gives pledges or bond to prose- cute and return the goods if judgment be given against him; where- upon the sheriff seizes the goods, and the plaintiff brings his action, to which the defendant makes avowry or conusance in the nature of a declaration setting up his title; and the following pleading of the plaintiff is called the plea, and so on. This is replevin in the detintiit; replevin in the detinet was where there was no reseizure of the goods, as if they had been eloigned ; see Capias in withernam. Personal replevin: an action or writ to review an imprisonment and enforce rights of personal Uberty, like the old writ de homine replegiando. Repliant. One who makes a repUcation. Replication. The plaintiff's second pleading; see 3 Bl. Com. 309; Plead- ing. Reprisal. A forcible taking of the property of one nation by another in satisfaction of an injury. Reprobata pecunia liberal solventem, I. Money refused releases the payer [person tendering it]. Reprobatur, sc. An action to convict of perjury. Reputable. Held in esteem; see 123 III. S4S. Reputation. The general opinion of a man's character. It is what he is supposed to be, while character is what he really is; see Wig. Ev., §§ 62, 920, 1608. Requests. See Court, 63. Letters of request: see Letters. Res, I. Thing; case; matter; affair; subject; circumstance. In re: in a thing; in the matter of; see In re; Jura in re; a real right; right of ownership or dominion. Ad rem: to a thing, a personal right; against the thing; an action determining property; see Actio; Ad rem; Jura. In rem: like ad rem; see In rem; against the thing, not against the person. Res accessoria, etc.; see Accebsorium non ducit, etc. Res 304 RESCEIT— RESPONDENTIA aliena: the property of another. Res caduca: an escheat. Res communes: things common [of common property]. Res corporales: corporeal things. Res gestae (things done) : the circumstances of the transaction; see Wig. Ev., §§ 174^, 1757, 1768, 1796. Res Integra (an affair untouched): a new matter. Res inter alios acta alteri nocere non debet: a transaction between other parties ought not to injure one. Res inter alios: the acts of strangers; see 1 Met. 65. Res ipsa loquitur: the matter speaks for itself; see 167 Mass. 388; 17 App. Div. N. Y. 40S. Res judicata: an adjudged matter; see 100 Mass. 409. Res judicata pro veritate accipitur: a judgment is taken for truth. Res nullius: the property of nobody. Res nova: a new matter. Res perit domino (the thing perishes to the owner) : the loss falls upon the owner. Res publica: the common weal; the republic. Res publicae: the commonwealth. Res quotidianae: every-day matters. Res sua nemini servit: no man can have a servitude over his own property. Res transit cum suo onere : the thing passes with its burden [the incumbrance is transferred with it]. Resceit. The admission of a third party to defend his own interest, as the reversioner in an action against the tenant. Rescissory. See Action. Rescous, fr. Rescue; the forcible taking of goods distrained, or de- livery of a prisoner; see 4 Bl. Com. 131; May Cr. L., § 160. Rescript. The answer of a Roman Emperor when consulted on a diffi- cult question of law. In American States, the written statement by the court of the grounds of the judgment on a point of law. Recussor. A rescuer. Rescutere, I. To rescue. Rescussit: he rescued. Reset. Harboring an outlaw. Resiant. One having a residence or permanent abode. Residuary. Of the residue; see Legacy. Resist. To oppose by direct, active, and giwm-forcible means; see S7 Wis. 261. Resoluto jure concedentis, resolvitur jus concessum, I. When the assignor's right expires, the interest assigned comes to an end. Resolutive, resolutory. Having the effect of ending; see Condition. Reson, fr. Truth; right; reason. Resources. Money or convertible property; see 3 Mont. S86. Respectus, I. Respite; delay. Respondeat ouster, I. & }r. (Let him answer further.) The judgment for the plaintiff on a plea in abatement, that the defendant answer over; see S Bl. Com. 303, 397. Respondeat superior: let the master answer; see 2 Poll. & Maitl. Hist. 633. Respondent. A defendant; an appellee. Respondentia. A loan like bottomry, but secured upon the ship's cargo, and for which the borrower or master becomes liable personally if the goods are saved; see B Bl. Com. 4S8. EESPONDES OUSTRE— REVERSION 305 Respondes oustre, fr. Answer over. Responsa prudentum, I. The opinions of Roman lawyers given as experts; see 1 Bl. Com. 80. Responsalis, I. One who answered for another; an attorney. Resseiser. Taking of lands by the Crown. Restitutio in integrum, I. Restitution to the original condition. Restitution. A writ issued in favor of a successful plaintiff in error, to restore to him all he has lost by the judgment; see 2 Tidd Pr. 1186. Restitution of conjugal rights: a suit in the English ecclesiastical courts by one party to a marriage, to compel the other to Uve with him or her. Rests. Periodical balancings of an account made for the purpose of converting interest into principal, and charging the party liable thereon with compound interest. Resulting trust or use. One raised by equitable doctrines; or by im- plication, as on the expiration of a previous trust, or before the be- ginning of another; see Reeves on R. P. BOS; 2 Bl. Com. SSO; Trust. Retainer. The payment of an executor by a debt due him from the estate, in preference to other debts of equal degree. The engage- ment of coimsel by a party or attorney. A preliminary fee or honor- ariiun. Retoma brevium, I. (The return of writs.) The third day in the term. Retomo habendo: a writ to compel the return of property to the prevailing party in an action of replevin; see 3 Bl. Com. 160, 413. Retortion. A retaliatory act by a nation toward another nation fail- ing in courtesy; see Rob. El. L. Rev. ed., § 444- Retour sans protet, fr. A direction by the drawer to have a bill re- turned, if dishonored, without protest, and sans frais, without charges. Retraxit, I. An open and voluntary renunciation by a plaintiff of his suit, differing from a Nol. pros, in that it is a bar to any other suit for the same cause; see 3 Bl. Com. 296. Retro, I. Back; backward. Retroactive. Acting back. Rettare, I., retter, fr. To accuse, or charge with a crime. Rettum, I. An accusation; a charge. Return. The act of a sheriff in returning a writ to the court issuing it, after execution or attempt to execute. The indorsement made upon the writ, stating how he has executed, or failed to execute it. Return days: fixed days in the term on which the return of writs was re- quired to be made; see Replevin. Reus, I. A defendant; a person guilty. Reve. See Reeve. Reve mote: the sheriff's court. Reverser, sc. A reversioner. Reversion. The returning of a feud to the Crown (now called escheat), or of a fee to the lord granting it; or, in modem times, of any prop- 20 306 REVERSIONARY LEASE— RIXA erty to the grantor of a common-law estate in it, after the determina- tion of the estate. The residue of the estate, left in the grantor, to commence in possession after the determination of some particular estate granted out of it by him; see 2 Bl. Com. 176; Beeves B. P. 1139, Reversionary lease. One to take effect in the future. Reverter. Reversion; see 3 Bl. Com. 454.. Review. See Bill, I. 16; Commission, 9. Revivor. See Bill, I. 17. Revocation. To revoke, or call back a power or authority conferred. Revocatur. It is recalled. The annulment of a judgment for an error in fact. Rex, I., re, fr. The King; a king. Rex non potest peccare: the King can do no wrong. Rex nunquam moritur: the King never dies. Rex non debet esse sub homine, sed sub Deo et lege: the King ought not to be subject to men, but to God and the law. Rhodian law. The oldest collection of maritime law. Also, a name given to a more modem code, of later and spurious origin. Ribaud. A vagrant. Rien, riens, fr. Nothing; not. Rien culp.: not guilty. Rien dit: says nothing, ni7 dicit. Rien luy doit: niideftei. Riens en arriere: nothing in arrear; a plea in account or replevin. Riens lour deust: not their debt; see Nil debet. Riens passa par le fait (nothing passed by the deed) : a plea against a person setting up a deed acknowledged or enrolled in court, where the plea of non est factum was not allowed. Riens per descent: nothing by descent, a plea by an heir sued for his ancestor's debt. Rifflare. A forcible taking. Right. Direct; lineal; next [heir]. Right, writ of. In general, a writ brought upon title to recover the full right to a thing; a writ droitural, not possessory. Particularly, the writ for a tenant in fee to recover lands and tenements, coimting upon his own title as superior to that of his adversary; the chief real action; see 1 Poll. & Maitl. Hist. 385-389; 2 id. 76-78. This was a writ patent as distinguished from a writ of right close, which lay either for a tenant in capite; or for tenants in ancient demesne, or their lords, about lands, rents, or services. So a writ of right of advowson, dower (where a widow endowed had been disseised), etc.; see Advowson; Dower; De dote; Search; Wat; Bill, II. 4. Riot. A breach of the peace by three or more persons; see 4 Bl. Com. 125, 142; Boh. El. L. Bev. ed., § 496; Appkat; Assembly. Riot Act: 1 Geo. I. St. 2, ch. 5. Ripa, I. The bank of a river. Riparia: a river. Riparian proprietors. Those who own the lands boimding upon a watercourse; see 4 Mass. 397. Rite, I. In due form; properly; legally. Rixa, I. A dispute. RIXATRIX— SAFEGUARD 307 Rizatriz, 2. A scold. Robaria, roberia, I., robbery. See Larceny. Robbator. A robber. Roigne, reine, fr. The Queen. Roman law. The law as established by Justinian, the civil law. The law of the Romans; see Poll. & Maid. Hist.; Howe Civ. L. Romescot. Peter's pence. Rota, I. A court. Roturier. A free commoner. Roup, sc. An auction; a sale by auction. Rout. An incipient riot; a meeting of three or more to do an unlawful act for a common grievance; see 4 Bl. Com. 146; Rob. El. L. Rev. ed., §456. Roy, roi, re, fr. The King. Roy n'est lie per ascun statute, si 11 ne soit expressement nosme : the King is bound by no statute unless he be expressly mentioned. Royal court. The courts at Westminster; see Court, 115. Royal fish: whales and sturgeons, which belonged to the King if cast ashore. Royal mines : mines of gold and silver. Rubric. The title of any law, formerly in red letters. Rule. An order of court. Rule absolute, nisi: see Absolute. Rule in Shelley's Case: see Shelley's Case. Rules of a prison: limits within which prisoners in civil suits might Uve, if they gave security not to escape. Running with the land. See Covenant. Running days: laydays. Rusticum judicium, I. A rude judgment. The judgment of Admiralty, dividing the damages caused by a collision between two ships. Ruta, I. Things extracted from the land. S. For Salutem, sciMcet. S. C: same case; scilicet. S. P.: sine prole. S. v.: sub voce. Sac. The Uberty of holding pleas and amercements; the jurisdiction of a franchise or manor court. Soc: the money paid therefor, or for exemption therefrom. Sacaburth, saccabor, sax. A person from whom a thing had been stolen, and who freshly pursued the thief. Sacher, fr. To know. Sachent: let them know. Sachez: know ye. Sacramentum, I. An oath; a juror's oath. Sacrilege. Larceny or other trespass in a church. Saepius requisltus, I. Often required, or requested. Ssevitia, I. Cruelty; cruel treatment. Safeguard. A writ under the great seal, giving strangers license and protection in the realm. 308 SAFE PLEDGE— SCANDALUM MAGNATUM Safe pledge. A sufficient surety, salviis plegius. Said. Mentioned before; see 2 Kent, 5BB; 97 Ind. 602. Saisina, I. Seisin.' Salic law. The earliest barbarian code, dating from the fifth century, compiled under Fharamond, King of the Franks; see 1 Poll. & Maid. Hist. 32. Salicetum, I. A willow wood; an osier bed. Salina, I. A salt-pit. Salus popuU suprema lex, Z. The welfare of the people is the supreme law. Salutem, I. Greeting; a formal word beginning writs. Salva gardia, I. Safeguard. Salvage. A compensation allowed to persons who have saved or aided in saving ships or cargo from actual loss after wreck, or from im- pending danger, whether from fire, pirates, enemies, or the ordinary perils of the sea; see Rob. El. L. Rev. ed., § 389. Salvo, I. Saving; except; safely. Salvo jure cujuslibet: saving the rights of any and all. Salvo me et haeredibus meis: except me and my heirs. Salvo pudore: saving modesty. Salvus plegius, I. A satisfactory pledge; a surety anciently required for the defendant's appearance. Sanctio, I. A sanction; the part of laws prescribing a reward or pen- alty. Sanctio justa, jubens honesta et prohibens contraria: a just sanction, authorizing what is right and forbidding what is not. Sanctuary. A consecrated or privileged place, wherein no arrest could be made; see Abjuration op the realm. Sane, fr. Sound; see 5 N. J. L. 661. Sanse mentis, {. Of sound mind. Sanguis, I., sang, sank, fr. Blood; consanguinity. Sanis. A Grecian punishment. Sans, fr. Without. Sans ceo que: without this, that; see Traverse, SPECIAL. Sans jour: without day. Sans nombre: without number; see Common. Sans recours: without recourse; see Indorsement. Saio. A sergeant-at-arms. Sapiens incipit a fine, et quod primum est in intentione ultimum est in executione, I. A wise man begins with the end, and what is first in intention is last in execution. Sart. A piece of wood land turned into arable; see Assartare. Satisdatio. Security given to satisfy a possible judgment. Satius est petere fontes quam sectari rivulos, I. It is better to seek the fountains than to follow out the streams. Saunk, sauns. See Sang; Sans. Saver default, fr. To excuse a default. Sc. For Scilicet: to wit. Scaccarium, I. A chequered cloth anciently used for accounting in the Exchequer; the Exchequer; see Court, 11; 3 Bl. Com. 44- Scan, mag., scandalum magnatum, I. The slander of great men; as a SCAVER— SEARCH 309 peer, noble, or judge, which formerly made the slanderer liable to a special action on the case; see S Bl. Com. 1S4. Scaver, scavoir, fr. To know. Schireman. A sheriff. Sci. fa. Scire facias; see Rob. El. L. Rev. ed., §§ S7S, 347. Sciant prsesentes et futuri, I. Know all men present and to come. Sciendum est: it is to be known [understood]. Sciens et prudens, I. Wittingly; in full knowledge. Scienti et volenti non fit injuria: no legal wrong may be done to one who knows and wills it. Scientia utriusque par pares contrahentes facit: equal knowledge on both sides makes the contracting parties equal. Scienter. Knowingly; a term used to express that the defendant was aware of circumstances, knowledge of which is necessary to make him Uable; as that a dog was ad mordendum assuetus; see 77 N. Y. Supp. 337. Scilicet, I. To wit; that is to say. Scintilla, I. Spark. Scintilla juris: a particle of right. Scire debes cum quo contrahes, I. You ought to know with whom you contract. Scire facias (that you cause to know) : the name of a writ founded upon matter of record, and requiring the defendant to show cause why the plaintiff should not take advantage of it; most frequently brought to revive a judgment, or enforce a recognizance. Also, an interlocutory process, as to give notice in various cases; see 3 Bl. Com 413. Scire feci (I have given notice) : the return of a sheriff to a scire facias. Scire fieri inquiry: when a sheriff returned nulla bona to a fieri facias de bonis tesiatoris, without also returning devas- tavit, this writ issued to make inquiry as to what had become of the testator's goods. Sclregemot, scyregmot, sax. The county court; see Coukt, 29. Scot. A tax, or contribution. Scot-ale: Gildale. Scribere est agere, I. To write is to act. Scrivener. A conveyancer, or writer of deeds and other instruments. Scroll. An escrow; a rolled writing. A flourish or ornament. Scutagium, I., scutage. Escuage. A payment in commutation of mili- tary services; see 1 Bl. Com. 310; 2 id. 74- Scutum, I. A shield; a pent-house. Scutifer. An esquire. Se, fr. If. Se, I. Himself; itself; themselves. Se defendendo: in defending himself; see 1 Bl. Com. 130; 4 id. 183; Homicide. Sea letter. A manifest, particularly in time of. war; a ship's passport. Sea-shore. That space of land between high and low water mark; see 40 Conn. 382; 123 Mass. 361. Search, right of. The right of belligerent powers to search neutral vessels for contraband goods or enemy's property. Search-warrant: is granted by a justice of the peace for the searching of a house, shop, or other premises, for stolen or unlawful gooda. 310 SEBASTOMANIA— SEIGNIORY Sebastomania. Religious insanity or monomania. Sec, seek, /r. Dry; barren; see Rent. Second deliverance. A writ for the plaintiff in replevin, after judg-^ ment for a return on default or nonsuit, to have the goods again on his giving the same security as before. Second surcharge : a writ for surcharging a common against the same defendant against whom admeasurement of pasture has been had. Secondary. iSee CoNVByANCE; Evidence. Secta, I. Suit. Suit at court; attendance at court. The witnesses of a party in ancient procedure; see 3 Bl. Com. 295, S44; Witness; Com- PDRGATOKES. Secta ad molendinum (suit to a mill) : a writ against persons who were bound by tenure or custom to bring their com to a certain mill to be ground. So Secta ad furnum, torrale: suit to a [public] oven, kUn, or malt-house. Secta curiae (suit of court): the attendance in the lord's court, to which a feudal tenant was anciently boimd. Sectator, I. A suitor; one bound ad sectam curias. Section. In American land law, one square mile, one thirty-sixth of a township, six hundred and forty acres. Sectores, I. Bidders at an auction. Secular. Worldly; see U N. H. 139. Secundum, I. According to; in favor of; near. Secundum sequmn et bonum: according to what is just and good. Secundiui allegata et probata: according to what is alleged and proved. Secundum con- suetudinem manerii: according to the custom of the manor. Se- cundum formam chartae, doni, statuti: according to the form of the deed, gift, statute. Secundum legem communem Angliae: according to the common law of England. Secimdum naturam, normam legis: according to nature, the rule of law. Secundum subjectam mate- riam: according to the subject matter. Securitate pacis, I. An old writ " for security of the peace " for one who was threatened by another. Securus, I. Safe; sure. Sectiritas: surety. Secus, I. Otherwise; contrary. Sed, I. But. Sed non allocatur: but it is not allowed. Sed per cu- riam: but, by the court. Sedato animo, I. With settled purpose. Sedente curia, I. The court sitting; during the sitting of the court. Sederunt: in Scotland, the session of a court. Sedes, I. A see; the dignity of a bishop. Sedition. An offence, tending towards treason, but wanting the overt act; see Rob. El. L. Rev. ed., § 4^3. See. A bishop's dignity or jurisdiction. See, /r.; seat. Seigneur, seignior, /r. A lord; a master, or owner. Seigniory. A lordship; a manor. Seigniory in gross: a lordship inde- pendent of a manor; as the King's seigniory over tenants in capite. SEISED— SERIATIM 311 Seised. Possessed of land under claim of a freehold interest; see Rob. El. L. Rev. ed., §§ 71-75. Seisin: seisin in fact, actual possession; in- vestiture of a freehold; see Reeves R. P. § gSS; 2 Bl. Com. e09, 311. Seisin in law: the estate of a person having a freehold interest, while dispossessed or before entry. Seised in his demesne as of fee : hold- ing a fee simple, in a corporeal hereditament, of the superior lord; see Livery; Feoffment. Seisina, I. Seisin. Seisina facit stipitem (seisin makes stock): the seisin determines the root of descent; see Possessio pbatris, etc. The old law by which descent was traced from the person last seised in fact; see Non jus, etc. Seized, seizin, etc. Seised; seisin. Selecti judices, I. Selected Roman judges; see 3 Bl. Com. 366. Semb., Semble, fr. It seems. An expression appUed to an ohiter didum by the judge, or a suggestion by the reporter. Semblable, fr. Similar; like. Semblement (similiier) : likewise. Semer, fr. To sow. Seme : sown. Semestria. Collections of decisions given by emperors. Semi-plena probatio, I. Half -proof ; see S Bl. Com. 370. Semper, 2. Always. Semper in obscuris quod miniTniini est se- quimur: in things obscure we always foUow the least obscure. Sem- per paiatus: always prepared or ready; see Tout temps prist; 3 Bl. Com. SOS. Semper praesumitur pro uegante : the presumptioij is al- ways in favor of the one denying. Senate. See Court, 103. Senatus consultum, I. A decree of the senate; one of the chief sources of Roman law; see 1 Bl. Com. 80, 86. Senatus decreta: private acts of the senate as distinguished from public laws; see 1 Bl. Com. 86. Senescallus, I., seneschal, fr. A steward of a manor. Senility. The condition of old age. Sensus verborum est anima legis, I. The true meaning of the words is the soul of the law. Sententia, I. Sense, or meaning; sentence, or decree. Separatim, I. Severally. Sequatur sub suo periculo, I. An old writ issued on a return nihil to a summoneas ad warrantizandum, after an alias and pluries had been issued. Sequela., I. A suit; prosecution. Sequestrari facias, I. A writ of execution against a beneficed clergy- man, commanding the bishop to enter the rectory and church, and take and sequester the same until of the rents, tithes, and profits he have levied the plaintiff's debt. Sequestration. In equity practice, the process of taking the property of a defendant in contempt, and holding it in the custody of the court; «ee S Bl. Com. 444- Seriatim, I. In order; one after another. 312 SERIAUNT-^EVERAL Seriaunt,/r., serjeant. The highest degree in the profession of common law. Serjeants wore the coif, and had formerly the exclusive right to practise in the Common Pleas. Serious. Important; not slight; see 74 III. 231. Serjeanty. A special kind of knight-service, held only of the King. Grand serjeanty: when the tenant was not bound to attend the King in wars, not liable to aid of escuage; but performed some particular military duty or honorary service ; see 2 Bl. Com. 73. Petty serjeanty : when the tenant held by annual render of some weapon or the like; in effect, like common socage; see 2 Bl. Com. 81; Tenttrb. Serment, Jr. Oath. Sermo index animi, I. Speech is the index of the mind. Serve. To legally dehver; as of a writ. Service. The duty (whether of rents or services) which a tenant owed the lord for his fee; see 2 Bl. Com. 54. Knight-service: see Tenuke. Services f ouciers, fr. Easements. Serviens, I. A serjeant; a baiUff, or officer. Servient tenement. See Dominant. Servitiimi, I. Service. Liberum servitium: free service. Servitium militare: military service; knight-service. Servitium regale: royal service, granted by royal prerogative to the lord of a manor. Servit- ium scuti (service of the shield); knight-service. Servitiiun sokse: socage; service of the plough. Servitia solita et consueta: the usual and customary services. Servitus, I. A servitude; an easement; see Rob. El. L. Rev. ed., § 57. Servitus servitutis esse non potest: there cannot be an easement of [on] an easement. Servitus non ea natura est, ut aliquid faciat quis, sed ut aliquid patiatur aut non faciat: the nature of an easement is not that one should do anything; but that one should suffer, or refrain from doing something. Servus, Z. Slave; bondman. Servusfacit ut herus det: the slave does [the work] that the master may give [the wages]. Session, Court of. The supreme civil court of Scotland; see Court, 94. Sessions: see Court, 27, 28, 40, 112. Session laws. The acts passed at a legislative session. Seti. A lease. Set-off. A claim for debt or damages set up by the defendant against the plaintiff in reduction of his claims; see Rob. El. L. Rev. ed., § S9S; Recoupment; Counter-claim. Settlement. The rights and condition of a resident, as to parochial reUef, etc; see Strict settlement. Act of Settlement: see Act Sever. To allow a separate plea. Several. Individual; separate; entire. Severalty: an estate held entirely by one owner in his own right; see Bob. El. L. Rev. ed., § 104; Joint. SEVERANCE— SILVA CiEDUA 313 Severance. The dissolution or severing of parties to a suit; or of joint tenants or coparceners. Shack. See Common. Shave. To buy at a discount. Shaw, I. A wood. Shrievalty. The office of sheriff. Sheriff's court jury. See Couht, 33, 38, 39, 59, 97. Shelley's Case. A case in which is stated the rule that you cannot limit an estate to a man for life, with a remainder to his children, or heirs in fee or tail. The latter words will be words of limitation, not pur- chase, and the man will take a fee; see 1 Coke, 104; S Bl. Com. 172; Rob. El. L. Rev. ed., § 101. Shifting-use. See Use. Ship's-husband. The agent of the owners of a ship, who manages the affairs generally, sees to repairs, insurance, chartei^parties, etc. Shire-mote. The county court; see Court, 29. Shire-reeve: the sheriS. Si, {. If. Si aliquid ex solemnibus deficiat, cum aequitas poscit, subve- niendum est: when any one of the proper forms is wanting, it will be added if equity jequires. Si contingat: if it happen. Si fecerit te secunun: if he [the plaintiS] shall have made you secure [given suffi- cient sureties]. Words in the old writs which directed the sheriff to cause the defendant to appear in court, without any option given; see SBl.Com.S74. Si ita est: if it is so; see 6 Pet. 192. Sinononmes: if not all ; an old writ authorizing two or more justices to proceed under the commission, if all were not present. Siprius: if before; see Nisi PKius. Si recognoscat (if he acknowledge) : an old writ for a debt which had been acknowledged before the sheriff. Si quis sine liberis decesserit: if any one shall have died without issue. Si, cy,/r. If; so. Sicomme: so as. Sic, 2. So. Sic hie: so here. Sic utere tuo ut alienum non Isedas: so use your own that you harm not another's. Sic volo, sic jubeo, stet pro ratione voluntas : so I will, so I order, stand my will for the reason. Sicut, 2. As. Sicut alias: as before; as at another time. SicutmeDeus adjuvet: so help me God. Sier, scier, fr. To mow; cut. Sigillum, I. Seal. Sigillare : to seal. Sign manual. The royal signature, written at the top. Significavit, I. A name for the writ de excommunicato capiendo, to im- prison a person, during six months, for contempt of an order of the Ecclesiastical Court; see 3 Bl. Com. 102. Signum, 2. A sign; mark; seal. Signare: to sign; to seal. Silent leges inter arma, 2. The laws are silent among arms [in time of war]. Silva caedua, 2. Wood which may be cut yeaxly; underwood; not timber. 314 SIMILAR— SOCAGE Similar. SamenesB in essential particulars; see 1S7 Mass. 4^4- Similiter, I. Likewise; a word used in joinder of issue or demurrer. A joinder of issue; see Rob. El. L. Rev. ed., § 312. Simony. The corrupt presentation to an ecclesiastical benefice; see 1 Bl. Cam. 388, 393. Simple. See Contract; Larceny. Simplex conunendatio non obligat, I. Mere recommendation does not bind [the vendor]. Simplex dictum: mere averment. Simplex loquela: mere speech; the mere plaint of the plaintiff. Simpliciter, I. Simply; of its own force. Simul cum, I. Together with; words used in indictments or pleadings against a person who did a thing " with others " unknown. Simtil et semel: together and at one time. Simulation. The agreeing together of two or more persons to create a false appearance in furthering a fraud. Sine, I. Without. Sine animo remanendi, revertendi: without in- tention of remaining, returning. Sine assensu capituli: an old writ for an ecclesiastical corporation to recover lands aliened by their col- legiate head without their consent; so, for the successor of a bishop, against his aUenee. Sine cura: without a cure, without any charge or duty. Sine decreto: without a decree or order of a judge. Sine die: without day [of meeting again], a final adjournment or dismissal. Sine hoc quod: without this, that; see Special traverse. Sine numero: without number; without stint. Sine prole: without issue. Sine quo non: without whom (or which) not; the indispensable per- son or condition, without which nothing can be done; one of several trustees. Sine vi aut dolo: without force or fraud. Single bill. See Bill, III. 7. Single bond: a bond without a condition. Singulariter, I. Singly; in the singular. Singuli in solidum, I. Each for the whole. Sinking fund. One created for pajong interest and principal on a debt; see H N. Y. 379. Sist. In Scotch practice, a stay of proceedings. Sitio. A Mexican land measure; see 161 U. S. 219. Situs, I. Position; location; site; as for jurisdiction; see B Pet. BS4- Sive tota res evincatur, sive pars, habet regressum emptor in vendi- torem, I. The purchaser who has been evicted in whole or in part has an action against the vendor. Six clerks. Clerks on the equity side of Chancery, who received and filed all bills, answers, replications, etc. Slander. Defamation by words spoken; see S Bl. Com. IBS; Collo- Quitna; Privileged communication; Libel. Slander of title. Words tending to disparage the extent of a title. Soc, socne, socna, sax. See Sac. Socage, socagium, I. Tenure by certain service, not military; see 2 Bl. Com. 80. Free and common socage : the general, and in modem timea SOGER— SPAKSIM 315 almost universal, tenure of English land; by free services, not mili- tary, as rents (farm produce or money) ; see S Bl. Com. 79. Villein socage: tenure by base, but certain, services; see Tenure. Socer. A father-in-law. Societas, I. A partnership. Socii mei socius meus socius non est: the partner of my partner is not my partner. Societe, fr. A partnership. Socman. A name applied to all kinds of tenants other than those in knight-sei-vice; see 2 Bl. Com. 100. Sodomy. A carnal copulation committed by a human being with an- other human being, per anum, or with a beast; see SI Tex. Cr. R. 551; May Cr. L., § SOS; Rob. El. L. Rev. ed., § 505. Soi, /r. BBm; her. Soimesme: himself. Soit,/r. Let it be. Soit baile atix commons: let it be deUvered to the Commons. Soit droit fait al partie: see Petition de droit. Soka, soke, J., /r. 1. Soc.,q.v. 2. A plough. Solar day. From sunrise to sunset. Solares, span. Lots of ground. Solatium, I. (Consolation.) Compensation; sentimental damages. Sold note. See Bought and sold notes. Sole. See Corporation; Feme. Solemnitas, I., solempnite, fr. Due form and ceremony. Solicitors. The attorneys in Chancery were so called. Solidum, I. A thing undivided; entire; the whole. Solum, I. The ground, or soil. Solutio, 2. Payment; satisfaction. Solutio indebiti: payment of what is not due. Solutio pretii emptionis loco habetur: the payment of the price operates as a purchase. Solutus, I. Loosed; freed; purged; released. Solvendo, I. Paying. Solvendum in futuro: to be paid at a future time. Solvit: he paid. Solvit ad diem, Solvit post diem (he paid at the day, he paid after the day) ; pleas in an action of debt on a bond. Solvere. To release; to pay. Son assault demesne, /r. His own assault; a plea in actions of trespass for assault; see 4 Denio, 44S; SBl. Com. ISO, S06; Db injuria, etc. Soon. Within a reasonable time; see H Kan. 23S. Sortitio. A drawing of lots; see S Bl. Com. 366. Soub, soubs, sous, south, fr. Under. Soul-scot. A mortuary offering; coree-present. Sounding in damages. Said of an action to recover damages only. Sovent, souvent, fr. Often. Sovereign. Of supreme civil, military, and political power; the person or body of persons in whom the ultimate authority of law rests. Soy, fr. See Soi. Spadones, I. Those who are imable to procreate. Sparsim, I. Scattered; here and there. 316 SPEAKING— STARRUM Speaking demurrer. See DEUtmREH. Special Agent, Assumpsit, Bail, Case, Contract, Damages, Demurrer, Indorsement, Jury, Occupant, Partner, Plea, Pleader, Pleading, Tail, Traverse, Verdict: see those titles. Special counts: see Common COUNTS. Special issue : a plea of specific traverse, or the issue thereon. Special pleading: the art of drawing up pleas in confession and avoidance. In popular language, the adroit and plausible advocacy of a client's case in court. Special property: that of a bailee, or officer in possession of the goods; such as is necessary to ground an action for trover. Special sessions: an extra session of the justices of the peace, held for special purposes, usually under acts of Parliament. Specialty. A contract or obligation under seal; see S Bl. Com. 485; 3 id. 156. Species facti, I. The character of the thing done. Specific legacy, traverse. See those titles. Specific performance: the execution of a contract as made, which can only be compelled by a court of equity; see 84 Me. 195; 18 Ga. 473. Sperate, I. To hope. Spes, Z. Hope. Spesaccrescendi: hope of surviving. Sperecuperandi: in the hope [expectation] of recovering. Spiritual courts. Courts ecclesiastical, Christian; see Court, 79. Spiritualities. The revenues of a bishop as bishop; his ecclesiastical receipts. Spoliatio, I. Forcible deprivation; disseisin. SpoUatus debet ante omnia restitui: the party dispossessed ought first of all to be restored. Spondet peritiam artis, /. [The workman engaged for hire] promises the skill of his craft. Sponsio judicialis, I. A feigned issue under Roman law; see S Bl. Com. 452. Spouse breach. Adultery. Springing use. See Use. Spulzie, spuilzie, sc. Unlawful taking and carrjring away of goods. ss. (Scilicet). A mark in a pleading or process indicating the venue. Stabit praesumptio donee probetur in contrariiui, {. The presumption shall stand until it be proved to the contrary. Stable-stand. Standing ready with bow or hounds; one of the four evidences of intending to kill deer in a forest. Stagnum, I. A pool, or pond. Stallage. The liberty of, or duty paid for, having stalls in a market. Standing mute. A prisoner was said to stand mute, when, on being ar- raigned for treason or felony, he made no answer, answered foreign to the purpose, or, having pleaded not guilty, refused to put himself on the country; see Paine forte bt dure. Stajmary courts. See Court, 72. Stapula, 2., staple. A fair, or market; see Statutb. Starrum, I., star. A deed, or contract. STAR CHAMBER— STRICT SETTLEMENT 317 Star chamber. See Court, 44. Stare, I. To stand; to be valid. Stare decisis: abide by the decisions; see 1 Bl. Com. 70; Rob. El. L. Rev. ed., § 9. Stare in judicio, I. To appear in court as a party to an action. State Courts. See Court, 108. State's evidence. See Queen's evidence. Statim, I. Immediately. Stating part of a bill in equity. The part which states the facts in the case; see Chargino part. Status, I. Estate; condition. Status quo: the state in which [it was before]. Statute-merchant. A bond or acknowledgment of debt entered into by a debtor before the chief magistrate of some trading town, by which the debtor's goods and lands might be seized and his body imprisoned; authorized by the statute De Mercatoribus; see Rob. El. L. Rev. ed., § 9^. A Statute-staple is a similar bond acknowledged before the mayor of the staple, authorized by the 27 Edw. III. c. 9. For other statutes, see their titles. Statutory release. A conveyance superseding the old Lease and Release, created by 4 & 5 Vict. c. 21. Statutum generaliter est inteUigendum quando verba statuti sunt specialia, ratio autem generalis, I. A statute is to be generally inter- preted, although the words be special, if the purpose be general. Steelbow goods. In Scotland, cattle and implements of husbandry given by the landlord to the tenant, who is bound to return articles equal in value at the end of the lease. Stellionate. A general name covering frauds in making contracts. Stere. A French soUd measure. Stet processus, I. (Let the process be stayed.) An entry by consent, made by the plaintiff on the record when he wished to stop the action without suffering a nonsuit; as if the defendant became insolvent. Steth, stede. The bank of a river. Stillicidium, I. The servitude of suffering water to drip on one's land from the house of another. Stint. Limit; see Common sans nombrb. Stirps, stripes, I. A stock; root of descent; family. Per stipitem:by stock, by famihes, by right of representation of an ancestor, not per capita; see 2 Bl. Cam. m, 617. Stipulation. In admiralty, an engagement in the nature of bail, or bond, to release from attachment. Stoppage in transitu. The right of a vendor to rescind a contract of sale, and seize the goods while still in the hands of the carrier; see 2 Bl. Com. 448. Stowe. A valley; a place. Strata, I. A street, or road. Strict settlement. Popularly called entail; a settlement of lands by 318 STRICTI JURIS— SUBSEQUENT deed or will upon one for life, remainder to his first and other sons successively in tail, remainder to the daughters with cross remainders, remainder to the settlor or grantee in fee; with proper remainders to trustees to preserve contingent remainders interposed. Stricti juris, I. In strict law, or right. Striking a jury. See Jubt. Strip. Aggravated waste; estrepement. Stultify. To make one appear stupid. Stumpage. The price paid for the privilege of cutting trees; see 67 Mo. 478. Stupnun, I. Criminal sexual intercourse between a man and a woman who before was virtuous. Suapte natura, I. In its own nature. Sub, I. Under; beneath; below; upon. Sub-boscus: underwood. Sub conditione: under the condition. Sub colore officii: under color of office. Sub cura mariti: under the care of the husband. Sub dis- junctione: in the alternative. Sub judice: imder a judge; before court. Sub modo: under restriction; with a qualification. Sub potestate viri, parentis, curiae: in power under protection of a hus- band, parent, or the court. Sub salvo et securo conducto: under safe and secure conduct. Sub sigillo: under seal. Sub silentio: in silence; vumoticed. Sub spe reconciliationis: under the hope of reconciUation. Sub suo periculo: at his own risk. Sub voce: under the word [used in referring to another title]. Subinfeudation. The granting of a feud out of a feud, to be held of a mesne lord, forbidden by the statute Quia emptores; see 2 Bl. Com. 91; 1 Poll. & Maitl. Hist. S7S, 330; 2 id. 22. Sublata causa, tollitur effectus, I. The cause removed, the effect is gone. Sublato fundamento, cadit opus: the foundation removed, the work falls. Sublato principali, tollitur adjunctum: the principal re- moved, the accessory is gone also. Subletting. See Underlease. Subornation. Instructing or procuring another to commit an offence; see 4 Bl. Com. 137; Rob. El. L. Rev. ed., § 519. Subpoena. I. Under a penalty. A judicial writ commanding a party or witness to appear in court under a penalty; see Rob. El. L. Rev. ed., § 338. Subpoena ad testificandum: the common subpoena to a wit- ness; see 3 Bl. Com. 369. Duces tecum: a subpoena commanding the person to bring with him certain documents or evidence; seeSBl. Com. 382. In equity, the subpoena is the first process; like the writ in law, and issues on fihng the bill; see 3 Bl. Com. 44S. Subrogation. The substitution of one person for another; and par- ticularly when one person, having discharged another's liability, or satisfied his claims, steps into his rights; see 117 Ind. 661. Subscribe. To write underneath; see Jfi Ind. 213. Subsequent. See Condition. SUBSTANTIVE LAW— SUPERFLUA NON NOCENT 319 Substantive law. That part of law which creates and defines rights; not adjective law, which defines methods of enforcing rights. Substituted service. Service of process authorized by the court to be made on some other person, when the party cannot be found. Subtraction. Is where any person who owes any suit, duty, custom, or service to another, withdraws it or neglects to perform it. Succurritur minori, I. A minor is to be aided [favored]. Suerte, span. A small lot of ground; see 5 Tex. 83. Sufferance. See Estate. Tenure at sufferance of the landlord, by a tenant holding over his term; see Rob. El. L. Rev. ed., § 89. Sufiragan. Assistant. A titular bishop, assistant to the bishop of the diocese. Suffrage. Vote. Suggestio falsi, {. A false representation. Suggestion. An entry on the record of a fact material to an action which cannot be pleaded. Sui, I. His; his own. Sui generis: of its own kind; the only one of its kind; peculiar. Sui juris: of one's own law; under no legal disabihty ; not under guardianship. Suit. 1. An action, or prosecution. 2. Service; attendance by a ten- ant at the lord's court. Suitors' fund. The moneys, and interest thereon, paid by litigants into court in the Chancery. Summa ratio est quae pro religione facit, I. (That is the greatest reason which makes for religion.) That rule of conduct is to be deemed most binding which religion dictates. Summary. Hasty; provisional; without a jury; statutory; without an action at law; see 4 Bl. Com. S80. Summing up. The argument to the jury after all evidence is in. Summoneas, I. A writ of summons ; a general name for writs conunand- ing a party's appearance in court; a writ judicial, by which all per- sonal actions are in modem times commenced. Summoneas ad auxiliandum: a writ of summons on an aid-prayer. Stmmioneas ad warrantizandum: a writ of summons to a person who had been vouched to warranty. Summum jus. Strict right, the rigor of the law. Simimum jus, summa injuria: extreme right is extreme wrong. Sumptuary laws. Laws restraining excessive expenses of living; see 4 Bl. Cmn. 170. Sue nomine, I. In his own name. Suo periculo: at his own risk. Super, I. On; upon; above; over. Super alttun mare: upon the high seas. Super se susceperunt: they undertook. Super visum corporis: upon view of the body. Superficies, I. The surface; whatever has been erected on the soil. Superflua non nocent, 2. Things superfluous do no harm. 320 SUPERFCETATION— SURETY Superfoetation. Conception by a woman already pregnant. Superior. See Court, 7, 15, 109. Superonerare, I. To overburden; surcharge. Sttperoneratio: surcharge of common. Supersedere, I. To supersede; stay; desist from; neglect. In Scotch law, a sist. Supersedeas (that you refrain) : a writ granted to forbid the operation of another writ; a writ to stay proceedings or suspend jurisdiction; see 1 Bl. Com. 863; 3 id. 407. Superstitious uses. Various bequests to Jews, Dissentors, and Papists for reUgious or quasi religious purposes, which in England were made void by several statutes; and the King might divert them to such uses as were " truly charitable " ; seeS Bl. Com. 4^8. Supplemental bill. iS^ee Bill, I. 18. Supplementary proceedings. A statutory proceeding to discover a debtor's property that is subject to an issued execution. Suppletory oath. An oath administered to a party himself where only one witness was offered, the object of which was to make plena pro- batio, in the civil law; see 3 Bl. Com. 370. Supplicatio, I. In civil law, the rejoinder, the dwplicatio; a petition for a pardon of a first offence. Supplicavit, I. A writ to make a man find sureties of the peace; see 4 Bl. Com. 253. Supplicium, I. The punishment of death. Suppressio veri, I. Concealment of the truth; see 1 Pet. 383. Supra, I. Above; over. Supra dictus: aforesaid. Supra protest: upon protest; see Acceptance. Suprema voluntas, I. A last will. Supremacy Act. See Act. Supreme. See Coitrt, 104, 108. Supreme Court of Judicature: see Court, 19, 101. Sur, fr. Upon. Sur cognisance, etc. Sur done, etc. : see Fine. Sur cui in vita: see Cui in vita. Sur disclaimer: a writ in the nature of a writ of right brought by the lord against a tenant who had dis- claimed his tenure, to recover the land. Surcesser, /r. To supersede; to desist. Surcharge. To overburden. In equity practice, to add an item to an account ; see Falsify. Surcharge of common, pasture : the cqmmoning or pasturing of more beasts than the commoner is entitled to; see 3 Bl. Com. 237. Surety. A pledge; a person who becomes answerable for the debt or default of another; see Rob. El. L. Rev. ed., § 170. He is not supposed to have actual custody of his principal, like bail; and may be sued immediately without a previous suit against the principal. Surety of the peace: a recognizance or bond to keep the peace, acknowledged before a justice of the peace, either on his own motion or on complaint of a third party who swears the peace against the one bound [makes SURETYSHIP— TABULA RASA 321 oath that he is in bodily fear of him, and does not do it for malice or vexation]. Suretyship. A primary imdertaldng to answer for the debt, default, or miscarriage of another; see 24 Pick. 25S. Surface waters. Waters of a casual and vagrant character following no definite course, oozing through the soil or spreading over the surface; see 34 Minn. 489. Surplusagium, I. Surplusage; see Bob. El. L. Rev. ed., §§ 305, 693; SUPEBFLTJA, etc. Surrebutter. The plaintiff's fourth pleading; see 3 hi. Com. 310. Surrejoinder. The plaintiff's third pleading. Surrender. The yielding up of a lesser estate to him who has a greater. Surrender in deed, surrender by conveyance, as the grant of a life estate to the remainder-man; in law, implied by operation of law, as it a tenant for years accepts a new lease; in copyholds, the yielding up of a copyhold estate to the lord of the manor, usually in order that he may make a new grant; the method of alienating copyholds; see 2 Bl. Com. 365, 369. Surrogate. A bishop's chancellor, who usually presides in the diocesan court. A judge of matters of probate and guardianship; see Couet, 110. Sursisa, I., stirsise, /r. Neglect; default. Sursum reddere, I. To render up, or surrender. Sus, /r. Upon; above. Susdit: aforesaid. Sus. per coll., Suspendatur per collum, I. Let him be hanged by the neck; see 4 Bl. Com. 403. Suspensive. See Condition. Suum cuique tribuere, I. To give to each one Ms own. Suus, I. His; his own; see Sui; Sue. Suzereign, /r. A crown vassal. Swearing the peace. See Article; Surety of the peace. Swein. A freeholder; a freeman of a forest. Sweinmote. See Cotjkt, 77. Syb and som, sax. Peace and security. Syllabus. A head note to a decision. Sylva, I. Wood. Sylva csedua: coppice wood, cut annually. Syndic. An assignee of a bankrupt. Synod. A religious council or court. Syngraph. A chirograph; indenture; see 2 Bl. Com. 296. T., Teste, ?. Witness. T., Termino, ?.; term. T. R. E., Tempus regis Edwardi, I. In the time of Edward the Confessor. Tabema, tabemacultun, I. A tavern; an inn. Tabula rasa, I. A blank tablet. 21 322 TACITE— TEINDS Tacite, I. Silently; tacitly. Tacit law. Law existing by common consent of the people, although not enacted by the legislature. Tacking. The doctrine by which a mortgagee having liens acquired at different times may unite them and enforce them all with the ear- liest, to the exclusion of intermediate incumbrances; seeSBl. Com. 160. Tail. 1. Tail general: an estate limited to a man and the lawful heirs of his body; see S Bl. Com. 113. Tail male: to a man and the male heirs of his body. Tail female: to a man and the female heirs of his body; see 2 Bl. Com. 114- Tail special: to a man and his heirs on a certain body begotten. 2. Strict settlement, q. v.; see Fee. Tail after possibility of issue extinct: the estate of a widower having no issue, holding lands under a grant in tail special or frankmarriage; see Z Bl. Com. 1S4. Tailzie, sc. An entail; tail, q. v. Taini, thaini. Freeholders. Tale. A plaintiff's count; see S Bl. Com. 293. Tales, I. Such; so many. Tales die circumstantibus: so many jurors as may be necessary to make up the panel, selected from the by- standers, talesmen; see 3 Bl. Com. 364; Decem tales; Octo tales. Talis qiialis, I. Such as; as much. Taliter, I. In such manner. Taliter processum est: so it proceeded. Tallagium, I. Tallage; a tribute; direct tax. Talliare, I. To cut; cut out; abridge; see 1 Bl. Com. 311. Tallia: tail. Talmud. A compilation of the civil and canonical law of the Jews. Tarn, I. So. Tam quam: as well as. Tarn facti quam animi: as much in act as in intention. Tamen, I. Yet; notwithstanding. Taltarmn's Case. The case which established the foundation of com- mon recoveries. Y. B. 12 Edw. IV. 19-21. Tanistry. An old Irish tenure by which lands descended to the eldest and worthiest of the blood and name. Tanquam prescriptum quod possessum, I. Prescription can only go as far as possession [for what has been possessed]. Tant, /r. As; so; as much. Tantost: forthwith; as soon as. Tanteo, span. Pre-emption. Tantus, I. As much; so much. Tantum: only. Tantum bona valent quantum vendi possunt: things are worth as much as they will bring. Taxi, Jr. Slow; late. Tarde: a return of a sheriff that a writ was de- livered to him too late for execution. Team. Two or more beasts harnessed together for drawing a vehicle; see 60 la. 462. Sometimes appUed to a single horse; see 15 Barb. 668. Tedding. Spreading. Teinds, sc. Tithes. Teind court; see Court, 96, TEINLAND— TENURE 323 Teinland, sax. Land of a thane or noble; not subject to the service of agricultural tenants; held in knight-service. Temere, I. Rashly; inconsiderately. Temple. See Inns op Couet. Temporalities. The secular revenues, lands, tenements, and lay fees belonging to a bishop; see 1 Bl. Com. 882. Tempus, i., temps, /r. Time. Temporis exceptio: a plea of lapse of time. Tempus utile: available time; see Annus tttilib. Tenant. 1. One holding lands. 2. One holding a lease for years; see Tenure. 3. The defendant in a real action. Tenant in capite, Chief, Common, Dower, Fee, Tail; at Sufiferance; by the Curtesy; to the Praecipe ; Paravail: see those titles. Tenant for life, see Life estate; after possibility, see Tail; for years, from year to year, at will, see Estate. Tenant-right. A kind of customary estate in the North of England and Ireland dependent on the right to renewal of leases. Tender. An offer of money or other thing in satisfaction of a debt or claim; a plea to that effect; see 3 Bl. Com. SOS; Rob. El. L. Rev. ed., § 168. Tender of issue: the part of a plea in traverse which offers to submit the dispute to the proper mode of trial. Tenement. That which may be the subject of tenure; any interest re- lating to land, or hereditaments dependent on grant. Tenendum, I. (To be held.) The part of a deed following the habendum, and stating the tenure by which the land was to be held; see 2 Bl. Com. 298. Tenens, I. The tenant. Tener,/?-., tenere, i. To hold; to keep. Tenet, tenuit: beholds, he has held; see Waste. Tenor est qui legem dat feudo, I. The tenure regulates the law of the feud. Tenths. 1. An ancient aid granted the King, being one tenth of each subject's personalty. 2. The tenth part of all spiritual benefices, for- merly paid to the Pope, afterwards to the Crown, and applied by Queen Anne to make up the deficiencies of small benefices, called Queen Anne's bounty. Tenure. I. Allodial tenure is not properly tenure at all, being abso- lute ownership, as distinct from (II.) feudal tenure: where lands were held of some superior lord by services or rent; see2Bl. Com. 69; Rob. El. L. Rev. ed., § 90; Feudum; Fee. Tenure differs, — A. According to the nature of the service. 1. Frank tenure or free- hold: hy free services. This includes (a.) Knight-service, (b.) socage, (c.) spiritual service, (a.) Knight-service, military tenure, tenure in chivalry, comprises knight-service proper, where lands were held by the service of attending the lord in war, furnishing armed men, horses, etc., or paying escuage in commutation therefor; grand serjeanty, a tenure of the Crown, by performing some special or personal service, 324 TEROE— TESTATUM which was not considered base because rendered to the King; and cornage, a kind of grand serjeanty, by winding a horn at the approach of the Soots or other enemies. All these tenures were abolished by the 12 Car. II. c. 24. (b.) Socage, service of the plough, comprising free and common socage, by fixed, free agricultural services; usually rent, either in farm-produce or money; petty serjeanty, which was a socage tenure held of the Crown, by some small annual rent or render; burgage, a socage tenure in old boroughs, affected by local customs. In socage tenures the lands anciently descended to all the sons in common, which custom persisted in Kent; whence the Kentish soc- age tenure is called Gavelkind, (c.) Spiritual service ; which included frankalmoign and Divine service; see Fkankalmoign. 2. Base ten- ure or Villenage; which was either pure or privileged according as the services, though base, were certain or uncertain. This only sur- vived in copyhold tenures; see Copthold; Customabt pbeehold; Ancient demesne. B. According to the lord of whom the land is held; as (a.) in capite, of the King, either ut de corona (as of the Crown) or ut de honore, in virtue of some honor, dignity, or manor of which the King was pro- prietor; (b.) of a mesne lord, the origin of one variety of base fee; (c.) of the lord of a manor, copyhold. 0. According to the duration of the interest; see Estate; Tenant. Terce. In Scotch law, dower; a widow's third. Term. 1. An estate for years; see 2 Bl. Com. 143; 8 Pick. SS9. 2. A time given; a limit of time. 3. The sitting of a court. Term to at- tend the inheritance ; see Attendant term. Terminum qui praeteriit. See 3 Bl. Com. 176; Ad. Terminus, I. A bound, or limit. Terminus a quo: the date or point of beginning; terminus ad quern, the time or point of ending. Ter- minus juris: the time of one or two years allowed in English eccle- siastical courts for appeals. Termor. One who holds land for a term of years or for life; see 2 Bl. Com. 11^. Terra, Z., terre, /r. Land. Terra culta: tilled land; frisca, unploughed land. Terra testamentalis: devisable lands; bocland. Terra vestita: sown land. Terre-tenant: a person occupying land; see 2 Bl. Com. 91,328; Use. Terrs dominicales, tenementales: see Manor. Terra nova. New land cleared to arable land. Territorial courts. See Coubt, 113. Tertia, I. A third part; dower. , Tesmoyn, fr. An attesting witness; a witness. Tesmoynage, tesmoynaunce, fr. Testimony. Testacy. The condition of leaving property disposed of by will. Testate. A person deceased leaving a valid will. Testator, testatrix: the person whose will is in question. Testatum, I. (Testified.) See Capias. TESTIS— TOFTUM 325 Testis, teste, Z. Witness. Teste meipso: witness myself . Testimonia ponderanda sunt, non numeranda, I. Evidence is to be weighed, not measured (numbered). Testimonium: testimony; evidence; attestation. Testmoigne. Evidence. Theft. A popular term covering larceny, embezzlement, swindling, and other acts the nature of which is to deprive a person of his property unlawfully. Theft-bote. The receiving of money or goods from a thief to favor or aid him, or not to prosecute him. Thegn. A chief lord; a tenant in capite. Thenningnuumagemote, thegnmen's court: see Coubt, 4. Thellusson Act. The 39 & 40 Geo. III. c. 98, restricting accumulations to a term of twenty-one years from the testator's death; see Per- petuity. Theoloniimi, tholonium, {. Toll. Thesaurus inventus, I. Treasure-trove. Thesmothete. A maker or giver of law. Thirlage, sc. A service or duty of multure. Thrithing, sax. A riding; a third part of a county. Tiel, tieubc, etc., fr. Such. Tiempo inhabil. Insolvent. Tiers, tierce, /r. Third; a third part. Tignum, I. A beam of a house; a timber. Timber. Large wood; building wood; oak, ash, and elm. Time immemorial, time out of memory. Before the reign of Richard I., A. D. 1189; see 14 L. R. A. 120, n. Tipstaff. An officer of the K. B. having custody of prisoners. Tithes. The tenth part of the yearly increase or profits, from lands, stock, or personal industry, due the rector of a parish for his main- tenance; see 1 Bl. Com. 285, 388. Those from lands were prsedial, those from stock mixed, and the last personal. The great tithes were corn, wood, hay, etc.; the small tithes included all others. Sometimes the latter were called vicarage tithes, as payable to the vicar, and the former parsonage tithes, as payable to the rector. Tithe rent-charge : the rent-charge estabUshed in lieu of all tithes by the 6 & 7 Will. IV. c. 71. Tithing. An old Saxon division of a hundred, usually a tenth; and composed of ten felawes, borghs, frankpledges, with their families, who were mutually responsible for one another by the frankpledge. The tithing-man, or head-borow, was the chief; and had somewhat the duties of a constable; see 1 Bl. Com. 115, 356. Titulus est justa causa possidendi id quod nostrum est, 2. Title is the just cause of possessing what is ours. To-wit. Namely. Toftum, I., toft. The site of a ruined or decayed house. 326 TOLL— TRAIL-BASTON Toll. 1. A liberty to buy and sell within a manor. 2. A tribute paid for passage. 3. A liberty to take such tribute, or to be free there- from. Toll thorough: toll (2.) over a highway or bridge. Toll tra- verse: a toll (2.) for passing over land of a private person. Toll turn: a toll (2.) on cattle returning from a market where they were not sold. Toller, /r., tollere, I., toll. To lift up; take away; defeat. Toll the entry: to remove the right of entry; see Descent cast. Tolne, fr., tolnetvun, I. Toll. Tolta, I., tolt. An old writ or precept from the sheriff to remove a cause from a court-baron to the county court; see S Bl. Com. 34-, 195. Tonsura, I., tonsure. The shaving of the crown of the head; see i Bl. Com. 367. Tor, sax. A mount, or hill. Torcenouse, fr. Tortiously; tortious. Tom. See TotmN. Torrale, I. A kiln; a malthouse. Tort, fr. Wrong; legal wrong. A civil injury, for which an action may be maintained. A name given to that class of actions arising ex delicto. seeSBl. Com. 117. Tort-feasor: a wrong-doer, or trespasser; see Roh. El. L. Rev. ed., §§ S36, 236. Tortious conveyance: see Conveyance; Convey. Tot. A word written opposite an item in an account, indicating that it was good; when the item was said to be totted. Tot, fr. See TotiT. Tota curia, I. The whole court. Toto coelo: by the whole heavens. Toto genere: in its whole nature. Totidem verbis, I. In so many words. Toties quoties, I. As often as; as many times as it shall happen. Toum. Sheriff's turn; see CotrBT, 33. The chief court-leet. Toujours et uncore prist, fr. Now and always ready. Tout temps prist: all the time ready. French names for the plea of tender; see S Bl. Com. SOS. Tout un sound, fr. (Idem, sorums.) The same in sound. Toxicology. The science of poisons. Tradas in ballium. See De odio et atia. Traditio, I. Livery; delivery. Traditio brevis manus: delivery by mere consent, not by act. Traditio clavium: delivery of the keys. Tra- ditio loqui facit chartam: delivery makes the deed speak [gives effect to it]. Traditio rei: delivery of the thing. Traditor, I. A traitor. Traditur in ballitun, I. He is delivered to bail. Trahere, I., trahir, fr. To draw. Trahens: the drawer of a bilL Trail-baston. (Draw-staff.) The name given to certain justices with extraordinary powers, appointed by Edward I. during his absence in the Scotch and French wars. TRANSCRIPT— TRESPASS 327 Transcript. A copy of the original record or writing. Transeat in exemplum, I. Let it pass into an example. Transit in rem judicatum: it becomes a matter adjudged. Transit terra cum onere: the land passes with the burden [the incumbrance is trans- ferred with the land]. Transitus, transitu, I. The transit, conveyance; see Stoppage. Travail. The act of giving birth to a child; see 6 Pick. 63. Traverse. A plea in denial, closing with a tender of issue; see S Bl. Com. SIS. It may either be general, as denying the entire cause of action in general terms (general issue), or specific, limited, as deny- ing one specified and particular, but essential fact; see Rob. El. L. Rev. ed., § SOS. Special traverse: a plea of traverse, with an induce- ment alleging new matter in avoidance, and an absque hoc (without this) clause, traversing specifically some point in the declaration. The special traverse formerly concluded with a verification; see Pleading. Treason. In England, compassing or imagining the death of the King, Queen, or their eldest son or heir; violating the King's consort, eldest daughter unmarried, or heir's wife; levying war against the King, or adhering to his enemies; counterfeiting his seal or money; slaying the chancellor, treasurer, or justices while sitting in office. In America, levying war against the United States; or adhering to their enemies, giving them aid and comfort. Petit treason: in old English law, the killing of a master by his servant, a husband by his wife, an eccle- siastical person by his inferior; or of any person by another, who owes him faith and obedience; see 4 Bl. Com. 76, 203. Treasurer, Lord High. Formerly, the chief treaisurer of England, who had charge of the moneys in the Exchequer, the Chancellor of the Exchequer being under him. He appointed all revenue officers and escheators, and leased Crown lands. The office is obsolete, and his duties are now performed by the Lords Commissionersof the Treasury. Treasure trove. Found treasure; see 1 Bl. Com. SS95. Treaty. A compact between nations for their mutual interest. Treble costs. The common costs, half of them, and half of the latter; i. e., the costs and three fourths added. Trebucket. A castigatory, or cucking stool ; see Common scold. Tres, I. Three. Tres faciunt collegium : three [may] make a corporation. Trds, /r. Very. Tres, fr. Three; third. Tresayle: a grandfather's grandfather; see Aiel; Bbsail. Tresor trouvS, fr. Treasure trove. Trespass. 1. Any injury, misfeasance, or nonfeasance; see Rob. El. L. Rev. ed., §§ 217, 259. 2. An injury or misfeasance to person or prop- erty, made " with force and arms " [force actual or implied in law], a breach of the King's peace. 3. An unlawful entry on land of an- other. 4. The action at law for any of these trespasses. This is 328 TRESPASSER— TRIPLICATION either, A. vi et armis, brought for trespasses 2 and 3, the old action on a writ de cursu, issued by the clerks in Chancery according to established form, depending in the King's courts on a Action of a breach of the King's peace, or contempt of royal authority (iee Nisi PECERis; Contra pacem), whereby the King's courts anciently ob- tained jurisdiction, and consequently covering most cases of direct or intentional wrong; or, B. on the case, super casum, the action on special writs, adapted to special cases (in casu consimili) by the clerks in Chancery under authority of the Statute of Westminster II., and covering most cases of contract, or indirect or unintentional wrong, negligence, etc. Class A. is usually called trespass as distinct from B., case. Trespass de bonis asportatis, de uxore abducto, per quod servititun amisit, per quod consortium amisit, quare clausum fregit: see those titles. Trespasser ab initio. Trespasser from the beginning; a term applied to a tort-feasor whose acts relate back so as to make a previous act at the time innocent, unlawful; as if he enter peaceably, and subse- quently commit a breach of the peace, his entry is considered a tres- pass; see 1 Smith's I^. C. 216; 3 Bl. Com. IB. Trial. That part of an action which begins at the joinder of issue and ends at the judgment; see Rob. El. L. Rev. ed., §§ 250, 32S-344. An- ciently, that part of an action which began with the medial or proof judgment and ended with the final judgment; as trial by battel, ordeal, and the Uke. Now used to mean that part of the action which takes place in court. Trial at bar, nisi prius, by battel, ordeal, record, certificate, inspection; see those titles. Triare, I. To try. Triatio: trial. Triatio ibi semper debet fieri ubi juratores meliorem possunt habere notitiam: trial ought always to be had where the jury can have the best information. Tribunaux de commerce, fr. French courts taking cognizance of all cases between merchants subject to appeal to courts of justice. Trigamus. One who has been married three times. Trigild. A payment in satisfaction to three times the value. Triers, triors. Two indifferent persons selected by the court to try a challenge of a juryman for favor. As soon as two good jurymen are sworn, the function of the triers ceases, and the jurymen take their place. Trina admonitio, I. The third warning; see Paine fort et dure. Trinity term. Begins May 22, ends June 12. Trinoda necessitas, I. (Threefold necessity.) The threefold burden of repairing bridges, building castles, and service to repel invasions to which, by Saxon law, all lands were liable; see 1 Bl. Com. S6S, 357; $ id. lOS. Tripartite. Of three parts or parties. Triplication. In the civil law, the surrejoinder. In the canon law, the rejoinder. TRITHING— TUTRIX 329 Trithing. See THRiTHiNCh Tronage. A toll for weighing wool. Trover, /r. To find. Trove: found. Trover. An action on the case to recover the value of goods, brought by a person having had possession against a person converting them to his own use; see 35 S. C. 47S; Big. Torts, 8th ed. 390. True bill. See Bill, I. 6. True copy. Not necessarily an exact copy, but so true as not to be misunderstood; see SI L. J. Ch. 905. Trust. A beneficial interest in land, or other property, the legal title to which is in another, recognized and enforced by courts of equity; see Rob. El. L. Rev. ed., §§ 74, 357. The person having the title is the trus- tee; the person having the beneficial interest, the cestui que trust, or beneficiary. Express trust is one created by the words of a deed or will, as distinct from implied trust, one raised by operation of law. Resulting trusts are implied trusts, which arise upon the determina- tion, or before the beginning, of a grant or express trust; see Roh. El. L. Rev. ed., § 357; Constructive trusts are implied trusts which arise by equitable interpretation or extension of an express trust. Volun- tary trusts: trusts created for a volunteer, a person who takes as a pure beneficiary, without consideration. Trust-deed: a kind of mort- gage given to a trustee to secure a numerous class of creditors, with power to foreclose or sell if their bonds or notes are unpaid; usually employed in large railway or corporation mortgages; see Executed; EXECTJTOKT. Trustee. One in whom is vested a power, interest, or estate for the benefit of another. Trustee process. The attachment of the defendant's debts while due from a third party; see Attachment; Garnishment. A statutory process in some States, resembling one kind of foreign attachment. Tuer,/r. To kill; slay. Tulit, I. He brought, brought a writ. Tumbrell. A trebucket; a castigatory. Txm, sax. A villa; a rural house or town. Tunc, I. Then. Turbary. The right of digging turf; see S Bl. Com. 34; Common. Tumus, I., turn. Toum; see Couht, 33. Turpis, I. Base; immoral; illegal. Turpis causa: an illegal considera- tion. Turpis contractus: an immoral contract. Turpitude. An evil state of mind when doing anjrthing contrary to good morals, honesty, and justice. Turris, I. A tower. The Tower of London. Tutela, I. Guardianship. Tutor: a guardian. Tuteur officieux, fr. A guardian. Tutius erratur ex parte mitiori, I. It is safer to err on the milder side. Tutrix, 2. A female guardian. 330 TWYNE'S CASE— UNA CUM Twyne's Case. The leading case on fraudulent conveyances, S Coke, 80. Tyrrell's Case. Decided that you could not have a uae upon a use. Dyer, 165 a. U Uberrima fides, I. The most perfect good faith; required between part- ners. Ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non po- test, I. Where anything is granted, that also is granted without which the thing itself cannot exist. Ubi cessat remedium ordinarium, ibi decurritur ad extraordinarium: where the usual remedy fails, recourse is had to the unusual. Ubi eadem ratio ibi eadem jus: like reason makes like law. Ubi jus ibi remeditmi (where there is a right there is a remedy) : there is no wrong without a remedy; see Rob. El. L. Rev. ed., §§ 2, SS7. Ubi major pars, ibi tota: where the greater part is, there the whole [the majority rules]. Ubi nullum matiimonium ibi nulla dos: where there is no marriage, no dower. Ubi revera: where, in point of fact. Ubi quis delinquit ibi punitur: a man shall be punished where he sins. Ubi verba conjuncta non sunt, sufficit alterutrum esse factum: where words are not used in the conjunctive, it is enough if either be done. Ubicunque fuerimus in Anglia, I. Wheresoever we shall be in England; the style of the return of original writs in the K. B.; see Coubt, 8. Udal. Allodial, q. v. ; see S Bl. Com. 4^. Ulterius concilium, I. Further consideration. Ultima voluntas testatoris est perimplenda secundum veram inten- tionem suam, I. The testator's last will is to be carried out according to his real intention. Ultimtmi supplicium: the extreme punishment; death. Ultimum tempus pariendi: the extreme period of gestation. Ultimus hseres: the last heir, to whom the escheat of an estate would fall; usually the Crown. Ultimate facts. Facts in issue; see 2 Utah, 379. Ultra, I. Beyond; above. Ultra fines mandati: beyond the limits of the mandate; beyond his authority as agent. Ultra mare : beyond the sea. Ultra petita: beyond things demanded, a term appUed to a judgment or decree awarding more than the plaintiff asked. Ultra valorem: beyond the value. Ultra vires: beyond their powers; the doctrine by which corporations cannot exceed the powers specially conferred by, or reasonably implied from, their charters; see Machen Corp., § 1012; Rob. El. L. Rev. ed., § 24- Um, un, om, on, fr. A man; one; any one. Un foitz, fr. Once; once upon a time. Una cum, I. Together with. Una voce: with one voice. Una cum omnibus aliis: together with all other things. UNCONSCIONABLE BAEGAIN— USANCE 331 Unconscionable bargain. One which no honest man would make. Uncore, fr. Still; yet; again. Uncore prist: see S Bl. Com. SOS; Tour TEMPS PRIST. Uncuth, sax. Unknown; a guest on his first night; Agenhine. Unde, I. Whence; wherefrom; whereupon. Unde rectatus est: whereof he is accused. Unde nihil habet: of which he has nothing; see Dower. Unde petit judicium: whereof he prays judgment. Underlease. Where a lessee leases all the tenement for his entire term, it is properly an assignment; if all the tenement for a part of the term, it is an tmderlease; if part of the tenement, it is a subletting. Undique, I. On all sides; from every quarter. Ungeld. An outlaw. Unico contextu, I. In one transaction; in one connection. Unilateral. One-sided; see Co^fTRACT. Uniformity of Process Act. The 2 Will. IV. c. 39, establishing one and the same process of beginning actions in all the courts of law at Westminster. United States Courts. See CotrRT, 102. Unity. A similarity of estate among tenants of the same land; as, unity of interest, where the estate of each is of the same duration; unity of title, where acquired by the same title; unity of time, when vested at the same period; unity of possession, where each tenant is seised equally of the whole; see Joint tenants; Common; Copar- cenary. Universitas, I. A thing complete; in its entirety. A corporation aggre- gate. Universitas bonorum: a man's entire estate. So, universum jus: the entire right or estate. Universities Courts. See 3 Bl. Com. 8S; 4 id. S77; Court, 65. Unlage. An unjust law. Unlawful assembly. A riotous assembly, an assembly of three or more persons to do an unlawful act; see Affrat. Unliquidated damages. Unascertained; uncertain as to amount. Uno absurdo date, infinita sequuntur, I. One absurdity given, an infi- nite number follow. Uno flatu, I. In one breath. Unques, fr. Ever; always. Unques prist: always ready; see Tout temps prist. Unum quid, I. One thing; taken in a lump. Unumquodque eodem modo quo colligatum est dissolvitur: everjrthing is dissolved by the same means by which it is constructed. Urbs, I. A walled city. Ure,/r. Effect; practice. Urer: to enure. Usage. The custom of a locality or trade; see liB Mass. BSB; 100 U. S. 692. Usance. The customary time allowed, as between different countries, for the payment of a bill of exchange, after its date. 332 USE— UT Use. Originally a beneficial estate, like a trust; the terre-tenant or feoffees to uses having the legal title, and the cestui que use the beneficial interest; see S Bl. Cam. 1S7, S71, 327. The Statute of Uses, 27 Hen. VIII. c. 10, converted the use into the legal estate, and gave rise to many new kinds of conveyances without Uvery of seisin. A use upon a use, as if land be conveyed to A to the use of B to the use of C, is not good, and B will have the legal estate; see Tyrrell's Case. Uses are present (executed), which vest immediately, or future (executory), which vest at some future time; see 2 Bl. Com. SS4. Executory uses may be either springing (primary), which are to arise at some future time, there being no previous use; or shifting (sec- ondary), which take effect in derogation of some preceding use. A contingent use is one which may never take effect. Uses are also ex- press, by act of the parties; Or implied; which latter may be either resulting or constructive; see Z Bl. Com. 330; Trust. Thus, an estate is granted by A (without consideration) to B and his heirs to the use of C and his heirs on A's death; but if C die without issue at his death, then to the use of D. Here B has the legal estate, A a re- sulting use, C a springing use, and D a shifting use, which is also contingent. A's use is executed; all the others are executory. A con- structive use : one raised by the law in modification or extension of an express use; as if a superstitious use were diverted to a charitable use. A charitable use: such a use as is authorized by the 43 Eliz. c. 4, and other statutes, in spite of the mortmain acts and the rule against perpetuities; such as uses for the maintenance of schools, hospitals, pubhc works, and other charities. User. The actual enjoyment of property or a right; see 3 Mas. SS7S. User de action: the pursuing or bringing an action. Usque ad, I. As far as. Usque ad medium filum aquse, coelum, inferos: as far as the middle thread of the stream, the heavens, the centre of the earth. Usucapio, I. Usucaption; the right of property in a thing or corporeal hereditament acquired by long possession; an acquisitive prescription. Usufruct. The right to the use or profits of a thing, usually for the life of the usufructuary; see 79 Col. 6. Usura, I. Interest; usury. Usura manifesta: open usury as distinct from veleta, veiled usury, or dry exchange, where the interest was added to the principal of the bond given for the loan. Usura maii- tima: maritime interest: see Fcenus natjticum. Usury. 1. Interest. 2. Unlawful interest. Usus, I. Use. Usus bellici : warlike uses. Usus fori: the practice of the court, of this jurisdiction. Ut, I. That; as; so. Ut antiquum: as if ancient; see Fetjdtjm. Ut audivi: as I heard. Ut credo: as I believe. Ut currere solebat: as it used to run. Ut.de feodo: as of fee. Ut res magis valeat quam pereat: that the thing rather stand than fall. Ut poena ad paucoSi UTAS— VADroM 333 metus ad omnes perveniat: that the fear may reach all, but the penalty few. Ut supra: as above. Utas, /. The octave; the eighth day after a feast. Uterine. Of the same mother. Utfangthefe. See Outfangthepe. Uti, I. As. Uti possidetis (as you possess): a phrase indicating that disputing parties or nations are to keep what they now have. Utile per inutile non vitiatui, I. (The useful is not spoiled by the useless.) Surplusage does not vitiate what is otherwise good and vahd. Utitur jure auctoris, /. He enjoys the rights of his assignor. Utitur jure suo: he exercises his own rights. Utlagatus, I., utiagh, sax., utiage, fr. An outlaw. Utland, sax. Outland; the tenemental land without the demesne of a manor. Utrum, I. Whether; see Assize. Utter. To publish; put in circulation. Utter, sax. Outer. Utter barristers: the outer barristeis, not Queen's counsel or sergeants; without the bar. Uxor, ux', I. Wife. Uxor non est sui juris, sed sub potestate viri, ctii in vita contradicere non potest: a wife is not capable at law, but under the protection of her husband, whom she cannot contradict during life. Uxorcide. Wife-murder by the husband. V. For vide, I., see; and versus, against. V. C: Vice-Chancellor. V. R. : for Victoria regina, I. : Victoria, Queen. Vacant. Empty; unclaimed. Vacant succession: where the heirs are unknown, or have all renounced. Vacantia bona, I. Goods unclaimed, without an owner; escheated; see Bona. Vacare, I. To be vacant. Vacatur: it is vacated, or annulled. Vacaria, I. A piece of waste ground. Vacca, I., vache, /r. A cow. Vaccaria: a dairy; cow-house. Vadari, I. To hold to bail, or give bail. Vades, I. Pledges; sureties. Vadia, I. Wages. Vadiare, 2. To wage; ^ve security. Vadiare duellum: to wage battel. Vadiare legem: to wage law. Vadiatio legis: wager of law. Vadium, I. A pledge; security; surety. Vadium mortuiun: a dead pledge, or mortgage; see 2 Bl. Com. 157. Vadiimi vivum: a vifgage, a pledge of property to hold until the profits or interests paid off the debt; see Rob. El. L. Rev. ed., § 92. 334 VAGUENESS— VENER Vagueness. Uncertainty. Vail' q' vail' purr', Jr., Valeat quantum valere potest, I. Let it avail, [take effect] aa far as it can. Valentia, I., vaillance, fr. Value. Valor maritagii, I. The value of the marriage; see S Bl. Cam. 70, 88. Valuable consideration. Money, goods, lands, services, or marriage; see Good consideration. Valued policy. See Policy. Value of the marriage: see Marriage. Valvasour, fr., vavasor, I. 1. A vassal; the chief vassal of a tenant in chief. 2. An old dignity below the peerage. Vana est ilia potentia quae nunquam venit in actum, I. That power is useless which never comes into action. Vani timores sunt sestimandi qui non cadunt in constantem virum: those fears are to be deemed idle which do not affect a man of nerve. Vara. A measure of land; see 161 U. S. 219. Variance. A discrepancy between the statement of the cause of action in the writ, and that in the declaration; or between a statement in a pleading and the evidence adduced in support of it; see Perry C. L. PI. BO4. Vassal. The tenant of a fief; a feudatory; see B Bl. Com. SS. Vastum, vastitas, I. Waste, q. v. Vaut, fr. Is worth. Rien ne vaut: it is worth nothing. Vectura, I. Maritime freight. Veer, veier, /r. To see. Ve: seen. Veer, /r. To go; refuse; forbid. Vee: refusal. Vefue, Aeif , /r. Widow. Veffete, vefuage: widowhood. Veigner, fr. To come; to happen. Veisin, fr. Neighbor. Vejours, /r. Viewers; visores, Vel, I. Or; as; whether. Venal. Something bought. Venaria, I. Animals of the chase. Venatio: hunting. Vendition. A sale, or the act of selling. Venditioni exponas, I. (That you expose to sale.) A writ judicial commanding a sheriff to sell goods taken on execution; see Rob. El. L. Rev. ed., § S47. Venditor regis, I. One who acts as salesman for the king. Vendor's lien, vendee's lien. See Lien. Vener, /r., venire, I. To come; to appear. A name given the precept or other process for collecting a jury; see Bob. El. L. Rev. ed., § SSB. Venire facias (that you cause to come) : a judicial writ directing the sheriff to cause twelve good and lawful men to come before the court for a jury. In England long since supplanted by a distringas jurcu- tores; see S Bl. Com. 35S; 4 id. SIS, 3B1; Nisi prius. Venire facias de novo: a writ to summon another jury for a new trial; the motion or order for a new trial. Venire facias ad respondendum: a writ to VENISON— VERGE 335 summon to answer any crime under felony or treason; the first process in outlawry. Venison, /r. Animals of the chase. Venit et defendit vim et injuriam, I. He comes and defends [denies] the force and injury. Venit et dicit: he comes and says. Vente, fr. Sale. Vente a remere, fr. A sale made reserving the right to repurchase. Venter, I. The belly; the womb. Ventre inspiciendo: see 1 Bl. Com. 4S6; Db. Venue, visne, /r., Visnetum, vicinetum, Z. (The neighborhood.) l.The neighborhood whence the jury was to be summoned; see Rob. El. L. Rev. ed., §§ 309, 580. 2. Hence, the place where the action arose or crime was committed. 3. The place or county where the action is tried. 4. In pleading, the statement of the county on the margin of the declaration. Veray. True. Verba, I. Words; language. Verba accipienda sunt, words are to be taken, secundtmi subjectam materiam, according to the subject matter; ut sortientur eSectum, so that they may take effect. Verba artis ex arte: technical words in their technical sense. Verba char- tarum fortius accipiunter contra proferentem: the words of a deed are taken the more strongly against him who sets it up. Verba gen- eralia, general words, generaliter sunt intelligenda, are to be under- stood generally; restringuntur ad habilltatem rei vel personam, are limited according to the person or the capabilities of the thing. Verba intentioni, et non e contra, debent inservire: words ought to carry out the intention, and not run counter to it. Verba illata inesse videntur: words imported [into an instrument] by a reference are deemed to be included [in the instrument]. Verba ita sunt intelli- genda: words are to be so understood; see Ut bes, etc. Verba relata, etc.; see Verba illata, etc. Verba precaria: precatory words, words of request or trust. Verbal. Either oral or written words; see Wig. Ev., § 3094. Verd. The privilege of cutting green wood in a forest. Verderor. An officer of a forest; see 3 Bl. Com. 71, 72. Verdict. The formal and unanimous answer of a petit jury given in open court; see Rob. El. L. Rev. ed., §§ 343, 611. General verdict: a verdict simply for the plaintiff or defendant upon the issue, as dis- tinct from a special verdict, one finding particular facts. Sealed verdict: when the jury have agreed during the absence of the court, they are sometimes dismissed, after placing their written verdict in an envelope and sealing it. Veredictum, I. A verdict. Veredicto non obstante: notwithstanding the verdict. Verey, very, verray. True. Verge. See Pax begis. 336 VERGENS AD INOPIAM— VIDIMUS Vergens ad inopiam, I. In declining circumstances. Verification. The concluding part of a plea in confession and avoid- ance. An averment; see Rob. El. L. Rev. ed., § SO4. Veritas nominis tollit errorem demonstrationis, I. Truth in the name removes (obviates) error in the description. Vers, fr., versus, I. Against; see S5 N. H. BS3. Vert. Anything that grows and bears a green leaf in a forest; cover. Verus, I. True; very. Vest. To clothe with possession; to deliver full possession; see 56 N. H. S9. Vested use, legacy, or estate is when there is a fixed existing per- son in whom the right resides. To vest in possession: when an estate actually takes effect as a present interest. Vested remainder: see Rbmaindeb. Vesting order: a decree of Chancery in trust cases vesting the legal title in the cestui que trust. Vester, fr., vestire, I. To clothe; vest; invest; give seisin. Vestimentum, vestura, I. Clothing; investiture; seisin. Vesture terrse: the things growing on the land. Vetera statuta. The ancient statutes; from Magna Charta to the end of the reign of Edward II. Vetitum namium, I. 1. A refused taking; withholding of things dis- trained. 2. Withernam, q. v. See 3 Bl. Com. IJfi. Veto, I. I forbid. Vezata quasstio, I. A doubtful question, vexed, imsettled. Vey, jr. Way. Vi aut clam, I. Forcibly or covertly, by force or fraud. Vi, clam, aut precario: forcibly, secretly, or doubtfully. Vi et armis: by force and arms; see Trespass. Via, 2. A way, or road. Via alta: the highway. Via regia: the King's highway. Via amicabili: in a friendly way. Via trita via tuta: the beaten path is the safe path. Viagitun, I. A voyage; journey. Vic'. For Vicecomes, I. : sheriff. Vicar. The kicumbent of an appropriated benefice; see Rector; Parson; Tithes. Vice, I. In place of; a defect. Vice-Chancellor: there are three Vice- Chancellors in England, each holding a court, from which an appeal might be taken to the Chancellor; see Cotjkt, 17. Vicecomes (vis- count) : the sheriff. Vicecomes non misit breve : the sheriff hath not sent the writ; see Contintjancb. Vice versa: in inverse manner; in the opposite order. Vicenetxmi, I. Vicinage; neighborhood; venue. Vicontiel. Of a sheriff, or sheriff's court; see S Bl. Com. 3S9. Vicus, I. A village; a street. Videlicet, I. (It is allowed to see.) To wit. That is to say. Vidimus, I. (We have seen.) An exemplification in charters, like innoteseimus. VIDUA— VIS 337 Vidua, I. A widow. Vidua regis (a king's widow) : the widow of a tenant in capite. Viduity. Widowhood. Vie, /r. Life. Vief, vif: living; alive. View. Inspection; examination. 1. View of frankpledge : the oflBce of a sheriff in seeing all the frankpledges of a hundred, and that all youths above fourteen belonged to some tithing; a function of the Court-leet. 2. The Court-leet; see Court, 32, 33. Vigilantibus non dormientibus jura subveniunt, {. Laws aid the waking, not the sleeping. Vigilia, I. A watch. Vigore cujus, I. By force whereof. Viis et modis, I. (By ways and means.) A citation against an absent defendant in admiralty practice, served by posting up in certain specified public places, as the Royal Exchange, the Market-cross at Edinburgh, etc. Vill. A manor; tithing; town; see 1 Bl. Com. 115. Villanus, I. A villein. Villanum servitium: villein service. Villanous judgment. One by which the defendant lost his law. Villein. A feudal tenant of the lowest class; at first a simple bondman; afterwards holding land by base and uncertain services; see 2 Bl. Com. 92. Villein socage: tenure in villeinage, but by certain services; see Tenure. Villein in gross: a bondman, armexed to the lord's person, and freely transferable; villein regardant, a villein annexed to the manor, transferable only with the land. Villeinage. See Villein; Tenure. Vinculum, I. A chain; a bond. Vinculo matrimonii: from the marriage tie; see 3 Bl. Com. 94; Divorce. Vintner. One who sells wine. Vinum, I. Wine. Vinum adustum: brandy. Violent presumption. A presumption of the truth of a fact founded on circumstances which are necessarily followed by it or attended with it. Violent profits: iii Scotch law, double the rent; the extreme value of the land. Vir, I. A man; a husband. Vir et uxor censentur in lege una persona: man and wife are deemed one person in law. Virga, I. A rod; a staff; a yard. Virga, virgata terras, I. A yard-land; from twenty to forty acres. Virilia, I. The privy members of a man. Viripotens, I. Marriageable. Virtus, Z. Virtue; the substance, tenor, effect. Virtute cujus: by virtue of which. Virtute officii: by virtue of his office. Vis, I. Force; see Vi. Vis armata: an armed force. Vis et metus: force and fear. Vis divina: the act of God. Vis fltuninis: the force of the current. Vis impressa: the original force; first impulse. Vis inermis: an unarmed force. Vis laica: a lay force. Vis major: irre- 22 338 VISCONTE— VOLUNTUS sistible force; see S Kent, 44S. Vis proxima: lihe immediate force or impulse. Visconte, fr. Sheriff. Visne, /r., vicinetus, I. Neighborhood: venue; see 36 W. Va. 84- Visores, J. Viewers. Visus: view. Visus franciplegii: view' of franks pledge; see Court, 33. Vita, I. Life. Vitium, I. Vice; fault; error. Vitium clerici, scriptoris: the mistake of a clerk or scribe. Viva aqua, I. Living [running] water. Viva voce (viva voys, fr.) : by word of mouth. Vivuin vadium: see Vadhjm. Vix, I. Scarcely; hardly; rarely. Viz. An abbreviation for Videlicit, q. v. Voc, I. For Voce. Under the name or title. Vocabula artis, i!. Technical terms. Vocare, Z. To call upon; vouch. Vocans: a voucher. Vocat': called. Vocatio: voucher; to vouching. Vocatus: a vouchee. Vocher, fr. To vouch. Voche : a vouchee. Vociferatio, I. Outcry; hue and cry. Voco, I. I call; I summon; I vouch. Voer, voir, fr. To see. Void. Null; see 6 Mete. 417. Voidable: that which may be annulled at pleasure or within a reasonable time; see 60 N. H. 652. Void for remoteness: see Perpbtoitt. Voidance. Vacancy; want of an incumbent for a benefice. Voier, voir, fr. To see. Voir dire (to speak the truth) : a name given to the preliminary oath of a witness, and examination as to his com- petency, interest, etc. Volenti non fit injuria, I. (No injury is done to the willing.) What a person assents to he cannot afterwards complain of as an injury; see Big. Torts, 8th ed., 39, 341. Volere, I. To wish; to will. Volo: I will. Volumus: we will. Voluit, sed non dixit : he wished, but did not express it. Volentes: being willing. Voluntarius daemon, I. A voluntary madman; a drunkard. Voluntary. Free; not compulsory; without consideration; not conten- tious; intended, not permissive; see 43 Iowa, 686; 70 Ala. 356; Trust; Waste. Voluntas, I. Will; design; purpose; last will. Voluntas donatoris in charta doni sui maniteste expressa, observetur: the will of the grantor as openly expressed in the deed of feoffment should be observed. Voluntus et propositum distinguunt maleficia: the intent and purpose distinguish [the different grades of] crimes. Voluntas reputator pro facto: the will is taken for the deed [in treason]. Voluntas testa- toiis est ambulatoria usque ad mortem: the wiU of the testator is revocable until death. v VOLUNTEER— WAKD 339 Volxinteer. A grantee or beneficiary in a voluntary conveyance, without consideration. Vouch. To call; to call to warranty; see Avoucheb; Rbcovert. To call upon a grantor or other warrantor to defend the title; see Eject- ment. Vouchee : the one vouched. Voucher. An account-book; an acquittance, or receipt. Vous avez cy, fr. You have here. Vous voiez: you see. Vox, 2. Voice; speech. Vox Dei: the voice of God. Vox emissa volat, Utera scripta manet: the spoken word flies, the written letter remains. Vs. For versus, I., against. Vxilgaris opinio, I. Common opinion. Vulgaris purgatio: common pur- gation; the ordeal, as differing from canonical purgation by oath; see 4 Bl. Com. S4£. Vulgo concepti, I. Filii popidi; bastards of unknown paternity. W Wacta, I. Watch; watch and ward. Wadset, sc. A mortgage; a pledge of lands. Wage. To give security for. To wage battel : to give security or pledges to try a cause by battel. To wage law: see Wager of law. Wager of law. A method of trial by the oath of the defendant, supported by the oaths of his neighbors, usually eleven, making his own oath the twelfth {duodedma manu). It was allowed in debt and detinue, and caiised the discontinuance of these actions; see Witness; 1 Poll. & Haiti. Hist. IJfl, 149; 2 id. 600, 6S4. Wager-policy. A poUcy of assurance or insurance taken out by a party having no insurable interest; see Rob. El. L. Rev. ed., § 167. Waif. A thing stolen and thrown away by the thief in his flight; see 1 Bl. Com. 296; 2 Kent, 292. Wainable. That which may be tilled. Wainage: carts and imple- ments of husbandry; see, 4 Bl. Com. 379. Waive. To throw aside, as by a thief of goods stolen, in his flight. To renounce, or abandon. A woman outlaw. Waiviaria, I. The waiving [outlawry] of a woman. Wales. See Court, 71. Walla, wallia, I. A bank of earth; a wall; a sea-wall. Wantonly. Done without malice yet without regard to rights of others; see 98 N. C. 64I. Wapentake. A division of the northeastern counties in England an- swering to the hundred, q. v. A hundred court; see 1 Bl. Com. 116. Waractum, I. Fallow ground; see Warectare. Warantia, I. Warranty. Warantizare: to warrant. Warantus: a warrantor. Ward. Guard; the service of guarding a castle; wardship; an infant in 340 WAEDA— WASTE guardianship. Ward-holding: the Scotch term for military service. Ward-mote: a court in each ward in London. Ward-wit: immunity from service of ward. Warda, I. Ward; wardship. An award. Warden. A guardian, or keeper. Wards and liveries. See Court, 45. Wardship. In military tenures, the right of the lord to have custody, as guardian, of the body and lands of the infant heir, without any account of profits, until he was twenty-one, or she sixteen. In socage, the guardian was accountable for profits; and he was not the lord, but the nearest relative to whom the inheritance could not descend, and the wardship ceased at fourteen. In copyholds the lord was the guardian, but was perhaps accountable for profits; see H Bl. Com. 71, 97. Warectare, I. To fallow; to plough in the spring for fallow. Warec- tum: fallow ground. Warenna, I. A warren. Warentare, warentizare, I. To warrant. Warrandice, sc. Warranty. Warrant. To defend; to guarantee. In contracts, to engage the truth of certain facts as an essential condition. In land, to bind one's self by grant or collateral covenant that the title is good and the grantee shall be undisturbed in his possession. A warranty; see Bob. El. L. Rev. ed., §§ ISl, 163. Warrant. A written document, writ, or precept conferring authority; an official precept, authorizing arrest, distress, or search, issued under the seal of a justice or court. Warrantia, I. Warranty. Warrantia chartse, custodiae, diei: see De. Warranty. Anciently, the duty of a grantor and his heirs, implied in the word dedi in the grant, to warrant and defend the title and pos- session of the grantee, or give him other lands of equal value. In modern times, an express covenant by the grantor that he has good title, and for breach of which he is Uable to the grantee in damages. Absolute, collateral, lineal warranty : see those titles. Warranty deed : a deed containing a covenant of warranty. Warren. A place privileged for the keeping of beasts of warren: hares, conies, partridges, pheasants, etc. Waste. Spoil or destruction done or permitted \)y the tenant to houses, lands, or tenements; see 2 Bl. Com. 281; Sjd. S2S. Voluntary or actual waste : waste actually committed, as by cutting down trees or pulling down a house. Permissive or negligent waste : by omission, as by neg- lecting to repair. Eqmtable waste: see Equitable. Writ of waste: an old mixed action, which lay for him that had the next estate of in- heritance against the tenant for life, years, in curtesy or dower, com- mitting waste. By the Statute of Marlberge and at common law the plaintiff recovered only single damages; but by the Statute of Glouces- WATER ORDEAL— WIDOW'S CHAMBER 341 ter he recovered treble damages and the land or tenement wasted; and by Westminster II. the remedy was given to one tenant in com- mon against another. This action long since gave place to the action on the case for waste, and the bill in equity to restrain waste; see 3 Bl. Com. SS7; Estkepemknt. Waste in the tenet was when the par- ticular estate still existed, and the writ was brought both for damages and the estate itself; in the tenuit, when the particular estate had determined and the writ was brought to recover damages for past waste. Lord's waste: see Manor. Water ordeal. See Ordeal. Waveson. Floating, shipwrecked goods. Way. The right of a man and his heirs, or of the owner of a certain estate, or of a certain class of individuals, to pass through another man's land; an incorporeal hereditament, a kind of easement; see 2 Bl. Com. 35; Bob. El. L. Rev. ed., § 69. Waygoing crop. The crop sown by a tenant whose term ends before it is harvested; see Emblement. Weald, sax. A wood, or woody country. Wear, weir. A place in a river for taking fish, made by damo; a fish way. Welsh mortgage. An old mortuum vadium, where land was conveyed to the creditor, redeemable at any time on payment of the principal debt; the mesne profits going for the interest, like the antichresis; see 2 Bl. Com. 157. Welshing. An act of a stakeholder who acts as such with intent to cheat and defraud. Were, sax. A price; a fine for homicide paid the kia; see ^stimatio CAPITIS. Weregild: payment of the Joere, blood-money; see 4 Bl. Com. 188, 313, 413. Westminster. The seat of the superior courts; see Nisi prius. West- minster I. : a statute in 3 Edw. I. (1275), containing many provisions concerning purgation of clerks, felons, paine forte et dure, marriage of wards, prescription in writs, vouching to warranty, etc. Westminster n.: the 13 Edw. I. c. 1 (1285), containing the statute de Donis, mat- ters concerning formedon, second deliverance, cui in vita, advowsons usurped, vouching to warranty, mesne, waste, fieri facias, elegit, etc.; see 2 Poll. & MaiU. Hist. 491. Westminster HI.: the 18 Edw. I. (1290), the statute of Quia emptores, concerning alienations, mort- main, etc. Wharfinger. The proprietor of a wharf. When. At that time; see 90 Mo. 646. White rents. Rents payable in silver, [money]; see 2 Bl. Com. 43. Whole blood. Kinship by descent from the same pair of ancestors; see 2 Bl. Com. 227; Half-blood; Possessio fratris. Wic, wyk, sax. A house, castle, or town. Widow's chamber. The apparel and furniture of a widow's bedchamber, to which she was entitled by a London custom; see 2 Bl. Com. 618. 342 WIFE'S EQUITY— WITNESS Widow's quarantine : the period of forty days from the death of a man seised of land, during which the widow might remain in his chief mansion without paying rent, and during which her dower was to be assigned; see 2 Bl. Com. 135. Widow's terce: in Scotland, the right of a widow to a third part of her husband's rents. Wife's equity. See Equity. Wild's Case. The Rule in Wild's Case: if A devises land to B and to his children or issue, and B hath no issue at the time of the devise, it is an estate tail; but if he has issue at the time, B and his children take joint estates for life. See 6 Coke, 16 b. Wills, Statute of. The 32 Hen. VIII. c. 1 (1540), by which persons seised in socage could devise all their lands except to bodies corporate; and person seised in chivalry, two thirds. Winchester, Winton, Statute of. The 13 Edw. I. s. 2 (1285), providing for duties of constables, watch and ward, etc. Wirta. A Saxon measure of land. Wisbuy, Laws of. A code of maritime law compiled in the fourteenth century at Wisbuy in Gothland, Sweden. Wite, sax. A penalty, payment, or amerciament; or immunity therefrom. Witenagemote. (The assembly of wise men.) The Saxon national council or Parliament; see 1 Bl. Com. H7; Cottet, 1. Withdrawing a juror. A method of suspending an action by consent, and sharing the costs. Withdrawing a record: a method of suspend- ing an action by withdrawing the nisi prius record, revoking the entry by the plaintiff. Withernam, sax., Withemamium, I. (Other taking.) A taking in re- prisal; as when a distress has been made and the goods eloigned so that they cannot be replevied, the plaintiff may have a writ to take other goods in withernam; see 2 Bl. Com. 1^9, 149, 413; Capias, 5; Replevin. Without day. Without adjournment or continuance; to go without day, to be finally dismissed the court. Without impeachment of waste: without liability for waste other than equitable. Without recourse: an assignment without assuming the liability of an indorser; see In- DOHBEMENT. Without this, that: words introducing the negative part of a special traverse. Witness. A person called before a court to give evidence. Party- witness: a term applied to old methods of trying an issue by witnesses produced by the parties; as the plaintiff's secta, the witnesses de visu et audita or de vicmeto, and compurgators. The witnesses de visu et auditu (of sight and hearing) spoke to the fact itself, were transac- tion witnesses, the origin of the modern jury; the secta and the defendant's compurgators spoke to the plaintiff's or defendant's credibility only. In ecclesiastical causes the compurgators varied in number, and anciently might always be used instead of the other forms of trial; see Purgation; Compubgatohes; Wagee of law. WOLD— YARD-LAND 343 Wold, sax. A down; a hilly tract without trees. Wolfshead. An outlaw, copitt lupinum. Woodgeld. Money paid for taking wood from a forest. Woodmote. The court of attachments, or forty-days court, a forest court; see Court, 74, 75. Woolsack. The seat of the Lord Chancellor in the House of Lords. Worth, weorth, sax. A country-house or farm. Wreck. Goods cast ashore from a wreck under such circumstances as to be forfeit to the Crown or State. Writ. Originally, the written command of the King, or some member of his household, introduced into England from Normandy. Later, the written command or precept of any court or oflScer; see Breve; Action; Bill op Middlesex; Trespass. Prerogative writ: a special writ issued by the royal authority or prerogative, as matter of favor; as distinct from the writs de cursu, writs of course, issued by the Crown, or court, or person authorized by the Crown, as matter of right. The writs de cursu were at first vague in form, but by the time of Glanvill had assumed definite shape; they were formed Wilts, called later original writs, and by promulgation in the yea,r 1258 no new writs could be issued. By the Stat. Westminster II. c. 24, it was enacted that new writs should be issued in similar cases (see Case; Action on the case), whence these latter were termed writs on the case, as distinct from the original writs. Both the orig- inal writs, or writs de cursu, and writs on the case were original writs, as distinct from judicial writs; that is, they issued from Chancery under the seal of the King, as the fountain of justice, at the beginning of actions; judicial writs issue from a court, and include all writs issuing after the beginning of the action; see Bill; Process. Close writs, clause writs, are sealed writs; grants of the King, sealed with his great seal, but directed to some particular person for partictilar purposes; not letters patent. Writ of inquiry: a proceeding by which the sheriff inquires by a jury into the amoimt of damages, after judg- ment by default. For other writs, see their respective titles. Writer to the signet. Anciently, clerks in the office of the Scotch Sec- retary of State, who prepared writs passing the King's signet, and various other processes; they are also attorneys or solicitors, and privileged to conduct causes in the Court of Session. Wynton. See Wdjchebter. Y, fr. There. Y est: there is. Yalemaines, /r. At least; however, Ycel, yceuz, fr. It; then. Yard-land. Virgata terra. 344 YEAR BOOKS— YORK Year books. The oldest English reports; from Edward II. to Henry VIII.; see 1 Poll. & Maitl. Hist. 195. Year, day, and waste. A privilege of the Crown to have the lands of a person attainted for felony or petty treason for a year and a day, with the privilege of committing waste, before restoring them to the lord of the fee. Year to year. From. See Estate. Years: see Estate. Yeoman. A freeholder mider the rank of gentleman, who had land to the value of 40s. a year, and was thus a " good and lawful man "; see 1 Bl. Com. Jfi6. Yeven, yeoven. Given; dated. York. A Yorkshire custom of dividing the goods of an intestate among the widow, children, and administrator in equal thirds; see B Bl. Com. 518. APPENDIX A TABLE OF BRITISH REGNAL YEARS Sovereigns Commencement of Reign WiUiam I October 14, 1066 WiUiam II ■ September 26, 1087 Henry I August 5, 1100 Stephen December 26, 1135 Henry II December 19, 1154 Richard I September 23, 1189 John May 27, 1199 Henry III October 28, 1216 Edward I November 20, 1272 Edward II July 8, 1307 Edward III January 25, 1327 Richard II , . June 22, 1377 Henry IV September 30, 1399 Henry V March 21, 1413 Henry VI September 1, 1422 Edward IV March 4, 1461 Edward V April 9, 1483 Richard III June 26, 1483 Henry VII August 22, 1485 Henry VIII April 22, 1509 Edward VI January 28, 1547 Mary July 6, 1553 Elizabeth November 17, 1558 James I. , March 24, 1603 Charles I March 27, 1625 The Commonwealth January 30, 1649 Charles II.i May 29, 1660 1 Although Charles II. did not ascend the throne until 29th May, 1660, his regnal years were computed from the death of Charles I., January 30, 1649, so that the year of his restoration is styled the twelfth year of his reign. 346 APPENDIX Sovereigns Cc«nmenoement of Reign Jamea II Febraary 6, 1685 William III. and Mary February 13, 1689 Anne ....'. March 8, 1702 George I August 1, 1714 George II June 11, 1727 George III October 25, 1760 George IV January 29, 1820 William IV June 26, 1830 Victoria June 20, 1837 Edward VII January 22, 1901 George V May 7, 1910