CORNELL LAW LIBRARY 
 
J Si 
 
 QiaxnsU ffiam Srlinnl EihrarB 
 
Cornell University Library 
 KF 156.K55 
 
 3 1924 022 835 676 
 
B Cornell University 
 9 Library 
 
 The original of tiiis book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924022835676 
 
LAW DICTIONAEY 
 
 ASO 
 
 GLOSSARY 
 
 PRIMARILY FOR THE USE OF STUDENTS 
 
 BUT ADAPTED ALSO TO THE USE OP 
 
 THE PROFESSION AT LARGE 
 
 J. KENMICK KfflNEY ' ' 
 
 ^0- 
 
 CHICAGO 
 CALLAGHAN AND COMPANY 
 
 1893 
 
Copyright, 1893, 
 
 BY 
 J. KENDEICK KINNEY. 
 
 STATE JOURNAL PRINTING COMPANY, 
 Printebs and Stbbeotxfebs, 
 
 lUDISOH, WIS. 
 
PREFACE. 
 
 The purpose of this book is to give with brevity, but with precision 
 and reasonable fullness, the meaning of the words and phrases in che 
 books of the law ; — to give the meaning not only of the modern words, 
 but of the words, in whatever tongue, and whether now a part of living 
 legal language or not, which have had legal use and function, and which 
 thus mark the lines upon which the law has grown, and the salient 
 points in dts history with which the student should become familiar. 
 This attention to the older and even the obsolete words has been thought 
 necessary to make the book most largely useful to beginners in the 
 study of the law, for whose use it is more especially designed ; and this 
 attention to the older words, the more recent words not being in any 
 way neglected, ought not to render the book less useful to the members 
 of the profession ; for they, even more than beginners, are studegnts of 
 the law, and, even more than beginners, know that truly to understand 
 the newer words, and the newer meanings of the old words, they must 
 in many cases look far back in its history, to Norman or to Saxon times, 
 and to usages of which these old words and these old meanings are the 
 most considerable existing memorial. 
 
 In pireserving this older and now half -alien matter of the law, an effort 
 has been made, however, by paragraphing the matter of titles, and by 
 grouping those matters which have been derived from older and foreign 
 systems, to bring forward into clear relief those matters which are a 
 part of the law, or are current in the language of the law, as it now 
 stands. This has not been easy. Matter which has been treated as still 
 alive others may regard as dead, or at least too old for any present use- 
 fulness, while matter which has been treated as obsolete or obsolescent 
 others may regard as still in good use. It is hoped, however, that the 
 effort will be found tnaterially to aid in discriminating these various 
 matters new and old one from another. 
 
Iv PREFACE 
 
 In arrangement, further, there is a leaning toward the simple order of 
 the alphabet, rather than the more perplexed and more perplexing order 
 of the analysis of grammatical relation. There has been, in other phrase, 
 an inclination to set words in their own places, and to set all phrases in 
 the places of their first words, and not to group derived words under 
 the words of which they are a variation, — and this, in particular, of the 
 inflected words of the French and Latin tongues. This has been done, 
 not merely that " every herring may hang by its own tail," though that 
 is desirable, but to facilitate the finding of things, and to dispense with 
 the cross-references, which, upon any other plan, would have consider- 
 ably swollen the bulk of the book. 
 
 The references, as in other books of like character, have been omitted, 
 not without regret, but of necessity. To refer to the authorities to any 
 very useful purpose would be in many instances to collate and discuss 
 them, as the definitions are often the result of comparison and combina- 
 tion ; and to consider the authorities, so far as to make the citations intelli- 
 gible, or indeed not misleading, would result in a book of the usual bulk — 
 a thing altogether incompatible with the idea of a concise work of mod- 
 erate cost. It has thus been a choice between an omission of references 
 and an omission of words defined ; and it has seemed to me decidedly 
 best that the book should contain the words and the definitions ^ should 
 be reasonably complete, that is to say, as a, dictionary and a glossary — 
 and the student be left to take the definitions upon trust in the certainty 
 that, though authorities are nbt given, authorities are nevertheless not 
 wanting. 
 
 In some of the lines upon which the book proceeds, and for sugges- 
 tions as to much of the matter, I am indebted to Burrill, as Burrill was 
 to Spelman. The departures from his model are, however, pretty 
 numerous, and the additions of later matter are both numerous and 
 important 
 
LAW DICTIONARY AND GLOSSARY. 
 
 A, /r. At ; by ; for ; in ; of ; on ; to ; with. A aTer et tener: to have 
 and to hold. A droit: to right ; to do right ; to answer in law. 
 V. Ad rectum. A force et armes: with force and arms. A large: at 
 large. A I'impossible nul est tenn: no one is bound to perform 
 an impossibility, v. Nemo tenetur, etc. A moite: by halves. A 
 oyer et termiuer: to hear and determine. A pais: at or to the 
 country ; at issue. A pied: on foot A prendre: to take. v. Profits 
 a prendre; Bref a prendre. A rcndre: to render ; to yield, v. Fi-of- 
 its a prendre. 
 In old English law. A aver et tener a Iny et a ses licirs, a tout 
 jours: to have and to hold to hira and his heirs forever. A cansa 
 de cy: for this reason. A ce: for this purpose. A eel jonr: at this 
 day. A compte: on account A discretion: at discretion. A fin 
 de: to the end that A fine force: of pure necessity. A force: of 
 necessity. A foy: in or under allegiance. A issne: at issue. A la 
 granude grevaunce: to the great grievance. Ala vaillannce: to 
 the value. A I'extremite: at the extremity ; at point of death. A 
 lour estient: by or to their knowledge. A lonr foy: in their 
 allegiance. A oes: to the use. A ore: at present : immediately. A 
 oyer et terminer toutes quereles: to hear and determine all com- 
 plaints. A perte: to lose ; — e a gayne: to lose and to gain. A sa 
 sonic meyn: on his own single oath. A terme: for a term; — de sa 
 Tie: for the term of his life ; — que passe est: for a terra which is 
 passed; — que n' est unje uncore passe: for a term which is not 
 yet passed. A tort : of or by wrong ; wrongfully. A tonte ontrance : ■ 
 to the utmost A touts jours : forever. A un : at one ; of one mind. 
 A Tal : at the foot or bottom. A veyer : to be seen ; to be observed 
 or considered. 
 
 A, I. At; by; from; in; of; with. A commnni observantia non est 
 recedendnm: there should be no departure from common observ- 
 ance. A c<b1o usque ad centrnm; from the heavens to the center 
 of the earth. A consiliis: of counsel; a counsellor. A contrario 
 sensu: in the opposite sense ; on the other hand. A digniori fieri 
 debet denominatio: denomination ought to be from the more 
 worthy. A facto ad jus non datnr consequentia: the inference 
 from the fact to the law is not allowed. A fortiori: by a sti-0Dg«r 
 
reason. A latere: at, on or from the side ; collateral. A mensa et 
 thoro: from table and bed ; from bed and board (description of a 
 partial divorce, v. Divorce). A mnlta fortiori: by a much stronger 
 reason. A non posse ad non esse sequitnr argnmentniu necessarie 
 negative, licet non alHrmative: from impossibility the inference 
 follows necessarily in the negative, though not in the afiHrmative. 
 A posteriori; from the latter ; from eiiect to cause (applied to rea- 
 soning based on observation or experiment — inductive reasoning). 
 A priori: from the past or former, or the superior ; from cause to 
 effect (applied to reasoning based on an assumption — deductive rea- 
 soning). A qua: from which. A quo: from which; from whom 
 (used with its correlative, ad quem, to which ,(q. v.), to express dura- 
 tion, distance or removal, as, in stating the fact of a removal of a 
 cause from court to court, the lower court being termed the court 
 a quo, and thd liigher, the court ad quem) ; — invito aliquid exigri 
 potest: fi'om whom something may be exacted against his will 
 (applied to a debtor whose obligation is perfect). A retro: in arrear ; 
 behind. A simili: in a similar ; from a like case ; frorai analogy. 
 V, Argumentum a simili, etc. A summo remedio ad inferiorem 
 actionem non habetnr regressns, ueque anxilium: from the high- 
 est rexnedy there can be no recourse to an inferior action, nor assist- 
 ance (a maxim in the old law of real actions expressing the fixed* 
 ness in order of precedence, and the effect of a choice in precluding 
 prior remedies). A tempore cujns contrarii memoria non existit: 
 from time of which there exists not memory to the conti;aiy; time 
 out of mind. v. Tempus cujus, etc. A verbis legis non est rece- 
 dendum: there should be no departure from the words of the law. 
 A Tincnlo matrimonii: from the bond of marriage (descriptive of 
 a complete divorce), v. Divorce. 
 In old English, law. Used also anciently in the composition of ofScial 
 titles, in the sense of relation, position or duty.' v. A eancellis; A re- 
 sponsis. A eancellis: in the cancelli ; the chancellor (from the can- 
 celli, lattice or latticed enclosure, within which the office was per- 
 formed). A confectione: from the making ; — presentinm: from 
 the making of these presents. A dato or a datu: from the date. A 
 die: from that day on; — confectionis: from the day of the mak- 
 ing ; — datns: from the day of the date. A force et armes: with 
 force and arms. A jure sue cadunt: they fall from their right 
 (hence to lose by abandonment). A libellis: of, the petitions (hence 
 an pEScer having charge of the same). A me: from me ; a term in a 
 feudal grant, used to express a holding immediately from the supe- 
 rior lord, and opposed to de me. A morte testatoris: from the tes- 
 tator's death. A nativitate: from birth. A notioribus: from or 
 by those more known. A parte ante: from the part gone before, A 
 piratis: by pirates ; — ant latronlbns captl liberi permanent: per- 
 sons taken by pirates or robbers remain free ; — et latronibns 
 
A — ABATARE. 3 
 
 capta dominum non mutant: things taken by pirates or robbers do 
 not change their ownership. A rubro ad ne^rum: from the red to 
 the black (i. e. from the title of a statute, anciently in red letters, to 
 the body, which was in black). 
 
 Ab, I At ; by ; from ; in ; of. Used also in the composition of official 
 titles, as ab actis, ab epistolis (qq. v.). v. A. Ab abusu ad nsum non 
 Talet consequeutia: from the abuse of a thing to the use of it there 
 is no effect in consequence or active result Ab actis: of or in the 
 acts, records, etc. (hence an officer having charge of records, e. g. a 
 clerk of court, a notary, a registrar). Ab actu ad posse, valet con- 
 secntio: from the act or performance of a thing to what can be per- 
 formed, the connection or sequence is valid. Ab alio: of, from or 
 by another ; out of another. Ab ante: in advance. Ab antiqua: of 
 old, anciently. Ab assuetis non lit injuria: from things to which 
 one is accustomed (or in which there has been long acquiescence) no 
 injury arises. Ab epistolis: of, or with the letters, etc. (hence an 
 officer having charge of correspondence, a secretary). Ab extra: 
 from without Ab inconvenienti: from what is convenient, v. Argu- 
 nientum, etc. Ab inde: from thence (applied to place only). Ab 
 initio: from the beginning, at the beginning (in the latter sense it 
 excludes the idea of continuance) ; — mnndi: from the beginning 
 of the world ; — mnndi usque ad hodiernum diem: from the 
 beginning of the world to this day. Ab innocentia: on the side of 
 innocence ; in behalf of innocence. Ab intestate: from an intes- 
 tate (applied to property taken as by descent from a person dying 
 without making a will, and opposed to ex testamento, q. v.). Ab 
 intra: from within. Ab inutile: from the useless, or unprofitable. 
 Ab dim: of old. Ab origine: from the origin; from the begin- 
 ning. 
 
 Abactor, pi abactores, I. In the civil law. A driver away of cattle 
 or other animals with intent to steal ; a cattle-stealer. 
 
 Abalienare, I In the civil law. To alienate ; to transfer without re- 
 serve. 
 
 Abalienatio, I. In the civil law. An alienation ; a transfer without re- 
 serve. Abalienatio Tel translatio dominii vel proprietatis: the 
 alienation or transfer of the domain or right of possession of prop- 
 erty. 
 
 Abandon. To relinquish or surrender ; to desert 
 
 Abandonee. A person to whom a right or property is abandoned. 
 
 Abandonment. A relinquishment or surrender, as of property to an in- 
 surer or to creditors ; a desertion, as of wife, husband or child. 
 
 Abarnare, 1. 1. In old English law. To detect, discover or disclose a 
 crime. 
 
 Abatare, I. l, Abater, abatre, fr., Abate. In old English law. To cut 
 or throw down; to destroy; to defeat; to reduce or diminish; to 
 terminate 
 
4 ABATAMBNTUM — ABDUCTION. 
 
 Abatainentum, {., Abatement. The act of abating, t. Abatare. Debts 
 are abated among creditors when, there being not enough funds to 
 pay them in full, they are paid in part. A freehold is abated where 
 a stranger enters upon a vacant possession, as after the death of the 
 pereon last seised, and before the entry of the person next entitled, 
 and keeps him out of possession. Legacies are abated among lega- 
 tees where 'there are not funds enough to pay them in fulL A 
 nuisance is abated where it is removed or destroyed, as it may be in 
 a proper case by the act of the injured person. A suit is abated 
 where it is determined, or the proceedings therein are suspended, 
 from want of parties capable of proceeding, as by death, marriage, 
 etc. A pleading in abatement is a plea which suspends the right of 
 action or defeats the action without affecting the right. 
 
 Abator. A person who abates, as one who removes a nuisance, or one 
 who enters upon land before entry by the person lawfully entitled. 
 
 Abatnda, I. I. Diminished, v. Moneta dbatuda. 
 
 Abatas,/r. Beaten or thrown down; abated; quashed. Thus, mur 
 abatu, a wall thrown down ; bois abatu, wood cut or fallen ; arbrea 
 abatues de vent, trees blown by the wind. v. Un brief e, etc. ; Ne 
 soit, etc. 
 
 Abbaiannce, fr. Abeyance, q. v. 
 
 Abbettare, abettare, 1. 1 In old English law. To abet, q. v. Abettasse 
 et pi'ocarasse: to have abetted and procured. Abettans: abetting. 
 Abettans, comfortans, et manntenens: abetting, comforting and 
 maintaining. 
 
 Abbettator, abettator, 1. 1. In old English law. An abettor, q. v. 
 
 Abbettam, 1 1. In old English law. Abetment 
 
 Abbreviate, In Scots law. An abstract. 
 
 Abbreviatio, I. l, Abbreviation. In old English law. Contraction 
 in the writing in old records and law writings. Abbreviationnm 
 ille nnmerus et sensus accipiendns est, nt concessio non sit 
 inanis: in abbreviations that number and that sense are to be taken, 
 by which the grant is not rendered void. 
 
 Abbrocamentum, 1. 1, Abbrochment. In old English law. The buy- 
 ing up at wholesale of goods before they are brought to market, in 
 order to sell at retail ; the forestalling of a market. 
 
 Abbuttre, I fr. To abut, q. v. 
 
 Abcariare, i. Z. To carry away. 
 
 Abdicatio, I, Abdication. Renunciation or relinquishment of an ofiBca 
 
 Abdite latet, I. He lurks privily ; he lies hid 
 
 Abditoriam, 1.1 A place to hide and preserve goods, etc. ; an abditory. 
 
 Abdncere, I. In old English law. To lead or carry away. Abduxit: 
 he led away. v. Cepit et abduxit. 
 
 Abduction. The fraudulent or forcible taking away of a wife, child, or 
 ward ; the unlawful taking or detaining of a female for the purpose 
 of marriage, concubinage, or prostitution. , 
 
ABEARANCE — ABODE. g 
 
 / 
 
 Abearance. In old Ekglish law. Carriage ; beha-vior. 
 
 Abeissement, I. fr. Abatement, q. v. 
 
 Abere-miirder, sax., Abere luurdrnio, 1. 1. Plain or apparent murder; 
 wilful murder. 
 
 Abesse, I In the civil law. To be absent ; to be out of possession ; to 
 be out of existence. 
 
 Abet. To instigate or encourage ; to stir up, set on, or excfite. Applied 
 more especially to the instigation to the commission of crime ; and 
 generally to the act of one who instigates being present actually or 
 constructively, v. Accessorium; Aider. 
 
 Abettor. An instigator or setter on ; one who abets, v. Abet. 
 
 Abeyance, abeiance, abbayance, abbaiannce, I. fr. Abeyantia, I 
 Expectation ; suspense Applied (though the doctrine of abeyance 
 is now to some extent discredited) to an estate which cannot vest 
 in inheritance because there is no certain person who can take ; ap- 
 plied also to maritime captures not yet condemned as prize ; applied 
 also to the franchise of a corporation chartered but not yet brought 
 into existence by act of the corporators. 
 
 Abiding by. In Scots law. A formal declaration in court by a party 
 that he abides by a deed which is alleged to have been forged. 
 
 Abigeatus, I. In the civil law. The driving away of cattle in herds or 
 repeatedly with intent to steal ; cattle-stealing. 
 
 Abigere, I. In the civil law. To drive away. Applied to the driving 
 pivia,y of cattle in herds or repeatedly with intent to steal ; to cattle- 
 stealing. To expel or drive out Applied also to the producing of 
 an abortion. 
 
 Abigeas, pi., abigei, abigeatores, I. In the civil law. One who drives 
 away cattle in herds or repeatedly with intent to steal ; a cattle- 
 stealer. 
 
 Abishersing. v. Mishersing. 
 
 Abjudicare, I In old English law. To deprive by juclgment The 
 same as forisjudicare. Abjudicatus: deprived by judgment 
 
 Abjudlcatis, I In old English law. Deprivation by judgment ; a put- 
 ting out of court The same as /oris/udieaf 10. 
 
 Abjurare, l, Abjure, In old English law. To renounce or abandon 
 by or upoVi oath. 
 
 Abjnratio, I., Abjuration. A renunciation or abandonment by or 
 upon oath. Abjui-ation of allegiance is an oath renouncing idelity to 
 a particular sovereign real or pretended, v. Naturalization. Ab- 
 juration of the realm or other smaller place is an oath to depart and 
 never return. It is regarded as abolished by the stat 21 Jao. L, 
 C.38. 
 
 Able, Ifr. In old English law. Fit; proper. Abies e'e vend': fit to 
 be sold ; merchantable. 
 
 Abode. Place of continuance or dwelling ; a place at which one is dom- 
 iciled, with no present intention to change, v. Domicil; Residence. 
 
1 
 
 6 ABOLEEE — ABSENCE 
 
 &.I)oIere, I. In civil and old English law. To obliterate. Abolitmn: 
 obliterated. 
 
 Abolitio, I. In the civil law. Obliteration ; eSacement ; a putting out 
 of memory ; amnesty ; pardon ; leave to discontinue an accusation. 
 
 Abolition. A destroying or putting of an end to an action or prose- 
 cution ; leave to an accuser to desist from prosecution ; the same in 
 effect as the modern entry of a nolle prosequi. 
 
 Aboudance, I. fr. Surplusaga 
 
 Abortion. The premature exclusion of the human foetus ; secondarily, 
 the foetus so brought forth. 
 
 About. Near, nearly, in the neighborhood of; around, as in "about the 
 neck." 
 
 Aboutir, I. fr. To abut. v. Abut. 
 
 Aboutissement, I. fr. An abutment or abuttal, v. Abuttal. 
 
 Above. Superior or higher, as the court above, or the plaintiff or de- 
 fendant above, meaning the plaintiff or the defendant in the court 
 above; principal, as distinguished from auxiliary, as bail above; 
 more than, or in excess of, as above all incumbrances. 
 
 Abradere, I. In old English law. To scrape off, i. e. to erase. Abrasnm: 
 erased. 
 
 Abrasio, I. In old English law. A scraping off, i. e. an erasure. 
 
 Abridge. To shorten; to diminish; to condense; to epitomize; to 
 make shorter, not in words merely, but by subtracting or omitting 
 a portion of the substance; to deprive or cut off; to limit or 
 curtail, as, to abridge the privileges or immunities of citizens. 
 V. Abridgment. 
 
 Abridgment An epitome or compendium containing the principal 
 ideas of the larger work. Applied to books in which adjudged 
 points of law are gathered from the decisions and systematically 
 arranged to facilitate reference. An abridgment of a copyrighted 
 publication (such as the law will permit) is a real and substantial 
 condensation of the materials, not merely a selection and rearrange- 
 ment to bring the work into smaller compass, v. Abridge. 
 
 Abroachment, abrocamentum. v. Abbrocamentum. 
 
 Abrogare, l, Abrogate. In the civil law. To annul; to repeal; to 
 take away. Applied to the repeal of laws. The English word is 
 applied also to the abolishment of a custom by the establishment of 
 a different one. Abrogatur legi cum prorsus tollitur : a law is 
 abrogated when it is entirely taken away. 
 
 Abrogatio, l, Abrogation. The act of annulling or repealing, v. .4.6- 
 rogare. 
 
 Abscond. To conceal one's self ; to keep close ; to go away privately. 
 Applied to a debtor who thus seeks to avoid the service of process. 
 
 Absence. A being away from one's domicil or place of residence or 
 business. Absent : away ; not at one's domicil or place of residence 
 or business. 
 In Scots law. Want or default of appearance. 
 
ABSENS — ABUNDANS. 7 
 
 Absens, I In the civil law. Absent Absente : being absent. 
 
 Absentee. One who has departed from the state of his residence leav- 
 ing no one to represent him ; one never domiciled in the state and 
 residing abroad. 
 
 Absentia, I. Absence. 
 
 Absoile, I. Jr. To absolve ; to acquit ; to pardon. 
 
 Absoluta, I., Absolute. ' Complete or perfect ; witliqut exception, con- 
 dition, or limitation ; flnaL An absolute estate is an estate subject 
 to no condition. Absolute property is full and complete ownership 
 of chattels in possession. An absolute conveyance is a conveyance 
 without condition or qualification which might operate to defeat or 
 change it Absolute rights are the natural rights of persons as 
 individuals, as opposed to those which arise out of civil or domestic 
 relations. A rule absolute is an order or judgment to be enforced 
 immediately; opposed to a rule nisi which is to be enforced only 
 in case cause is not shown. Absoluta sententia expositore non 
 indiget: an absolute sentence or proposition needs not an expos- 
 itor. Absolatnm et directum dominium: absolute and right own- 
 ership. 
 
 Absolute warrandice. In Scots law. Warranty against all incum- 
 brances. 
 
 Absque, I. Without Absque alique inde reddendo: without render- 
 ing anything therefrom (applied to ancient grants without ten- 
 ure). Absque consideratione curiae: without the consideration 
 of the court Absque eo quod cognosceret: without this that he 
 knows ; without knowing. Absque felonica captione: without a 
 felonious taking. Absque general! senatus et popnli conveutu et 
 edicto: without the general convention and order of the council 
 and people. Absque hoc: without this. Absque impetitione vasti: 
 without impeachment of waste (i. e. without liability for waste per- 
 mitted). Absque probabili causa: without a probable cause. Abs- 
 que purgatione facienda: without purgation being made {i. e. 
 without being cleared by oath). Absque subtractione sen omis- 
 sione: without withdrawing or losing. Absque tali causa: with- 
 out such cause. Absque uUa conditione: without any condition. 
 
 Abstract. To take or withdraw ; to take away or withdraw, as to take 
 the funds, money or credits of a bank, or to take away a public 
 record. 
 
 Abstract. An epitome ; a summary ; a brief of that from which it is 
 taken. An abstract of a fine is an abstract of the writ of covenant 
 and the concord, naming the parties, the parcels of land, and the 
 agreement An abstract of title is a summary of the important 
 parts of all instruments affecting the title or constituting an in- 
 cumbrance, and intended to obviate the necessity of reference to the 
 instruments or the record. 
 
 Abundans, I. Abundant; overflowing; more than sufficient Abun- 
 dans cantela non nocet: abundant caution does no harm. 
 
8 ABUNDAEE — ACCEPTILATIO. 
 
 Abnndare, I In the civil lato. To abound; to be more than fuIL 
 V, Non Solent qtuB abundant, etc. 
 
 Abasns, l, Abuse. In the civil law. Departure from use ; immoderate 
 or improper use. 
 
 Ibnt, To bound endways ; to come to an end, as a boundary does when 
 it takes a new direction ; to border upon. 
 
 Abuti, i!. In the civil law. To abuse, v. Abusus. 
 
 Abuttals. Limits or bounds of land at the ends of the parcel ; bounds 
 in general. The older and stricter use of the word is in the sense of 
 bounds at the ends of the parcel. 
 
 Abnttalatns, /. I. Abuttalled. 
 
 Abuttare, 1. 1 In old English law. To abut Abnttans: abutting. 
 
 Ac etiam, I And also. Ac etiam billa;: and also to a bill ; the initial 
 words in a clause in the writ, formerly used in practice in the 
 King's Bench, to introduce the real cause of acfion in cases where a 
 fictitious cause was a,lleged to give jurisdiction. 
 
 Ac si, I. As if. The words frequently occur in old statutes. 
 
 Acc, accord., fr. Abbreviations of Accordant, q. v. 
 
 Accapitare, I I In old English law. To do homage to a chief lord on 
 taking the feud ; to acknowledge the sovereignty of a chief lord in 
 special cases ; 'to attorn to one not the chief lord and in derogation 
 of his rights ; to pay relief to a chief lord. 
 
 Accapitum, I. I. In old English law. Money paid by a vassal to the 
 chief lord on taking a feud ; the relief due to the chief lord. 
 
 Accedas ad curiam, I. I You go to the court; a common law writ to 
 remove a cause to a higher court from an inferior court not of record. 
 Accedas ad Tice comltem: you go to the sheriff ; an English writ 
 formerly directed to the coroners of a county commanding them to 
 deliver a writ to the sheriff requiring him to return a writ of pone 
 which he had suppressed. 
 
 Accedere, L In the civil law. To go to or with ; to be joined or added 
 to ; to belong to ; to approach ; to be near or next to ; to accedfi ; to 
 assent or agrea 
 
 Accelerate. To shorten the time for the vesting in possession of an ex- 
 pectant estate or interest 
 
 Acceptare, I. To accept Acceptavit: he accepted. 
 
 Aceeptatio, l, Acceptance. A receiving with approbation or satisfac- 
 tion. V. Receipt. An acceptance of a bill of exchange is the act by 
 which the drawee undertakes to pay it, usually by writing the word 
 accepted and his name across its face, though he may accept by 
 parol, there being no statute forbidding, as by a promise to accept 
 An acceptance supra protest or for honor is an acceptance by a third 
 person after protest for non-acceptance by the drawee. 
 
 Acceptavit et agreavit, I. Accepted and agreed. 
 
 Acceptilatio, l, Acceptilation. In civil and Scots law. A holding or 
 acknowledging as received ; a verbal release without actual satis- 
 
ACCEPTILATIO — ACCESSORY. 9 
 
 faction from an obligation either arising out of a verbal undertali- 
 ing, or (more generally) reduced to the form of a verbal stipulation. 
 
 Acceptor. A person who accepts a bill of exchange, v. 4-cceptaiio. 
 
 Access, Accessus, I Approach or means of approach; the liberty of 
 going into a place ; opportunity of intercourse and actual intercourse, 
 as between husband and wife. Accessus et recessns : the liberty 
 of going on and off, etc. 
 
 Accessarins, I. In old pleading, accessary ; an accessary, v. Accesso- 
 rius. 
 
 Accessary. One who, not present at its commission, becomes guilty of 
 a felony, as a participator, — before the fact, by procuring its com- 
 mission ; after the fact, by aiding the felon knowing of the offense. 
 
 Accessement,-^ fr. Addition. 
 
 Accessio, I. In the civil law. Accession ; a going or passing of one 
 thing to or with another as its principal addition ; an addition or 
 increase ; a mode of acquiring property as an accessory thing, as by 
 increase of the principal through natural laws or natural causes, 
 or by the interweaving, mixing or mingling by another of his ma- 
 terials with those of the person who thus acquires the property; 
 a thing joined or, added to another; an incident or appurtenant; 
 the profit, fruit or increase of a thing ; an incidental or auxiliary 
 obligation ; the party contracting such an obligation, v. Accession; 
 Res aceessoria, eta 
 
 Accession. A species of title consisting of a right to or property in a 
 thing acquired by reason of its belonging to another thing, v. Ac- 
 cessio. 
 In Scots law. A deed of accession is a deed by the creditors of a bank- 
 rupt or insolvent debtor approving of a trust deed by the debtor for 
 their benefit 
 
 Accessoriuin, Z. In the civil law. An accessory thing ; an incident; a 
 thing which belongs to or is dependent upon another which is its 
 principal. Accessorium non ducit sed seqnitnr suum principale : 
 the incident does not draw but follows its principal. Accessorium 
 non traliit principale: the accessory does not draw the principaL 
 Accessorium sequitur: the accessory follows ; — naturam rei cui 
 accidit: the accessory follows the nature of the thing to which it 
 relates ; — principale: the incident follows its principal. 
 
 Accessorins, I. I. In old English law. An accessory, or accessary. Ac- 
 cessorins sequitur: an accessary follows; —naturam sui prin 
 cipalis: an accessary follows the nature of its principal ; — prince- 
 palem: an accessary follows the principal. 
 In the civil law. Accessoiy ; incident v. Res aceessoria. 
 
 Accessory. An incident; a thing which belongs to another thing. 
 
 Accessory. Incident, appurtenant, or belonging to; in the criminal 
 law, contributoiy to, or aiding in the commission of a crima v. Ac- 
 cessary. 
 
10 ACCESSORY— ACCOUNT. 
 
 In Scots law. Accessory action : an action auxiliary to another, or 
 
 an action "proving the tenor," for the i-estoration of a lost deed. 
 In the civil law. Accessory contract : a contract which is incident 
 ■or auxiliary to another, as that of a surety. Accessory obligation: 
 an obligation which is incident to another, as that of a surety. 
 
 Accessus. V. Access. 
 
 Accidens, I. In the civil law. An accident; a thing happening; an 
 event or circumstance. Accidens quod per cnstodiam, curam et 
 diligentiam mentis humanae evitare non potest: an accident 
 which cannot be prevented by the watchfulness, care, and diligence 
 of the human mind. 
 
 Accident. A casualty ; an event that takes place without foresight or 
 expectation. In equity, any such unforeseen event, etc., as is not 
 the result of misconduct or negligence. 
 
 Accidere, I. In the civil law. To fall ; to happen or take placa v. Ea 
 quae, etc. 
 
 Acciou, I. fr. An action. Accion snr le cas : an action on the case. 
 
 Accipere, 7. In the civil law. To receive^, to take, especially under a 
 will. To admit ; to acknowledge. To receive ; to sustain. To un- 
 derstand; to construe. Accipere quid ut jnstitiam facias, non 
 est tarn accipere quam extorquere : to receive anything that you 
 may do justice, is not so much to receive as to extort 
 
 Accipitur in modo solventls, I. It is received in the manner of pay- 
 ment 
 
 Accola, I. In the civil law. An inhabitant op or occupant of land near 
 a placa 
 
 Accomenda, ital. In maritime law. A contract between the owner of 
 cargo and the master, under which the master is to sell on joint ac- 
 count 
 
 Accommodare, 2. In the civil law. To accommodate; to allow against 
 strict rule ; to grant or transfer as matter of favor ; to lend or loan. 
 
 Accommodation paper. In maritime law. A bill or note drawn, ac- 
 cepted or indorsed by one person, without consideration, for the ac- 
 commodation of another. 
 
 Accompliamentum, I. I. Accomplishment 
 
 Accomplice. A person concerned, whether as principal or as accessory, 
 in the commission of a crime, v. Accessary. 
 
 Accompt. V. Account. 
 
 Accord, fr. Abbreviation of Accordant, q. v. - 
 
 Accord. To agree or concur, as one judge with another. 
 
 Accord. An agreement or concurrence ; aji agreement upon a satis- 
 faction for an injury. Accord and satisfaction : an agreement 
 upon a satisfaction for an injury, executed. 
 
 Accordant, /r. Agreeing; concurring. 
 
 Account, Matter of debt and credit or a demand in the nature of debt 
 and credit between parties ; a statement in writing of debts and 
 
ACCOUNT — ACCUSATOR. H 
 
 credits ; a common-law action, in general obsolete, to compel rendi- 
 tion and settlement of an account Account current: an account 
 to which items are being added at intervals; an open account 
 Account rendered: an account exhibiting the creditor's demand, de- 
 livered to the debtor. Account stated: an account rendered as- 
 sented to by the debtor, — assent being presumed if objection is not 
 made within a reasonable time. 
 
 Accountable. Liable to be called on for an account Accountable re- 
 ceipt: a receipt coupled with a promise to account for the thing 
 receipt of which is acknowledged. 
 
 Accouple, fr. Married. 
 
 Accountant. A person skilled in accounts ; a person whose business it 
 is to keep accounts ; a person who accounts in a particular case. 
 
 Accredit. To give credit; to acknowledge the authority of, as of a 
 diplomatic agent 
 
 Accredulitare, i. I. To purge one's self of an ofifense by oath. v. Pur- 
 gation. 
 
 Accresce. In Scots law. To accrua 
 
 Accrescere, I. In civil and old English law. To grow to ; to pass to 
 and become united with, as soil to land by alluvion ; to pass to or to 
 be added to a person, as by survival; to arise; to begin to have 
 existence, as a right of action. 
 
 Accresser, I. fr. To increase or accrue. 
 
 Accretion. A growing to, adding to, or increasing, especially growth 
 or increase of land by alluvion., v. Alluvion. 
 
 Accroach. In old English law. To attempt to exercise; to exercise 
 without authority ; to delay, v. Acorocher. 
 
 Aecrocher, I. fr. In old English law. To pull or draw to, as with a 
 hook ; to usurp ; to attempt to exercise ; to delay. Aecrocher un 
 proces: to stay a process. 
 
 Accrue. To grow ; to follow ; to be added to as a right or thing passes 
 from person to person ; to grow, arise, accumulate or become due, 
 as rent or interest ; to arise ; to begin to have existence, as a right of 
 action. 
 
 Accumulative. Additional ; added to more or another of the same sort ; 
 cumulative, q. v. AccnmiiiatiTe judgment: an additional judg- 
 ment or sentence against a convict to take effect upon expiration of 
 a judgment or sentence already passed. Accumulative legacy: a 
 legacy in addition to one already given. 
 
 Aecusare, /. To accuse ; to charge with an offense. Accusare nemo 
 se debet nisi coram Deo: no one is bound to accuse himself, unless 
 before God. v. Nemo tenetur, etc. 
 
 Accusation. The formal act of charging with the commission of a 
 crime. 
 
 Accusator, I. An accuser. Accusator post rationabile tempus non 
 est audiendus, nisi se bene de oniissione excusa?erit: an accuser 
 
12 ACCUSATOR — ACQUIRE. 
 
 is not to be heard after a reasonable time, unless he has satisfactorily 
 explained his delay. 
 
 Accustomatns, accnsti^matas, 1. 1. Accustomed. 
 
 Aceiisement, I. fr. A letting to farm. 
 
 Acephali, gfr.-Z. In feudal law. Persons without a feudal superior. 
 
 Acer, I. I. In old English law. An acre. v. Aero. 
 
 Achata, I. I. In old English law. A purchase. 
 
 Achat, achate, I. fr. In old English law. A purchase or bargaia ; 
 bought Achate arere: bought back. 
 
 Achater, I. fr. To buy. 
 
 Achator, achatonr, achetonr, acatonr, I. fr. In old English law. A 
 buyer ; a contractor. 
 
 Acherset. An ancient measure of grrin, supposed to have been a 
 quarter. 
 
 Acheson, achayssou, I. fr. Reason ; occasion ; cause ; hurt. 
 
 Achever, I. fr. To attorn. 
 
 Acia, 1. 1. In old English law. Malice, hate or hatred. 
 
 Acknowledgment. The act of a party to an instrument by which be- 
 fore a competent ofiScer he acknowledges it to be his ; the certifi- 
 cate of the officer that the instrument has been so acknowledged. 
 Acknowledgment money: money paid by a copyhold tenant in 
 acknowledgment of a new lord. 
 
 Acoine, I. fr. Some. Acone fei: sometimes. \ 
 
 Acord, acort, I. fr. Accord, q. v. 
 
 Acoulper, I. fr. To accuse. Acoupes: accused. 
 
 Acquainted. Having a substantial knowledge, as of matters verified by 
 a certificate. 
 
 Acquest. In old English law. Property newly acquired ; property ac- 
 quired by purchase. Acquisition. 
 
 Acquets, fr. In the civil, law. Property acquired otherwise than by 
 descent; profits or gains of property, as between husband and wife. 
 
 Acquiescence. A silent or passive assent with knowledge of the facts ; 
 tacit encouragement of an act done. 
 
 Acquietancia, acquietantia, Z. Z. In old English law. An acquittance; 
 a release or discharge from the obligation of a debt or contract ; 
 the instrument by w]^ich such a dischar'ge is effected ; exemption 
 or freedom from a duty or service;, v. Acquittance. Acquietancia 
 de shires et hundredis: the privilege of being free from suit and 
 service in shires and hundreds. 
 
 Acquietandis plegiis. v. Breve de, etc. - 
 
 Acquietare, I. I. In old English law. To make quiet; to give quiet, or 
 keep in quiet; to preserve or protect from molestation, as from de- 
 mands not due; to acquit; to release from a debt; to declare inno- 
 cent Acquietatus: acquitted ; pronounced innocent by a jury. 
 
 Acquire, To gain in some lawful mode, by some lawful title. Ac- 
 quired: in the law of descent, gained by any lawful mode other 
 than gift, devise or descent v. After. 
 
ACQUIRERE — ACT. 13 
 
 Acquirere, adqnirere, I In the civil law. To acquire lawfully. 
 
 Acquisition. The act of acquiring, i e. of gaining by some lawful 
 mode ; the thing acquired. Acquisition as an act is of two kinds, 
 original and derivative ; the first being of a thing not another's, as 
 by accession or by intellectual labor, and the second being of a thing 
 from another, as by gift, purchase and the like. 
 
 Acquisitum, adqnisitam, I I. In old English law. A purchase. Ac- 
 quest, or newly-acquired feudal rights. 
 
 Acquisser, I. fr. To receive, to gather. 
 
 Acquit. To free or clear from accusation ; to discharge from obliga- 
 tion ; to protect from molestation. V. Autrefois acquit. Acquitted: 
 judicially discharged from an accusation ; released from a debt, ob- 
 ligation or charge. 
 
 Acquittal. A judicial deliverance from an accusation. Acquittal in 
 fact: a verdict of not guilty. Acquittal in law: a discharge by 
 operation of la^, as of an accessary by acquittal of the principal. 
 In old English law. An exemption from entry and molestation by 
 a superior lord, for services issuing out of lands. 
 
 Acquittance. A discharge from an obligation; the instrument by 
 which such a discharge is effected, v. Acquietanda. 
 
 Acra, I. l. Acre. In old English law. A measure of land containing 
 one hundred and sixty perches. Originally an acre was any open 
 ground, wide champaign or field; and later by custom signified 
 various quantities in different places. 
 
 Acreflght. A sort of judicial combat anciently fought in open field on 
 the Scottish border between Scotch and English champions. 
 
 Acrescer, acresser, acrestre, I fr. To increase ; to multiply ; to ad- 
 vance or rise ; to accrue. 
 
 Act. A thing done ; a thing done by an ordinary person ; a thing 
 done by or happening through the operation of a superior power, 
 as by the law, or by God ; a thing done in, or evidenced by, writing ; 
 a record or instrument, public or private ; a thing done or business 
 formally ti'ansacted by a public body, and expressed in writing ; a 
 thing done by court, and expressed in writing : a thing done in 
 writing ; the record of such a thing ; the official certificate of such 
 a thing. Act in pais: an act in the country ; an act out of court 
 Act of bankruptcy: an act, in general an act done to defraud cred- 
 itors, for which a debtor may be adjudged bankrupt. Act of God: 
 inevitable accident or casualty ; an event produced by any uuesisti- 
 ble physical cause. 
 In 'English law. Act of settlement: the statute of 12 & 13 Will. III., 
 c. 2, limiting the crown to the present royal family. Act of 
 supremacy: the statute of 1 Eliz., c. 1, establishing the supremacy 
 of the crown in ecclesiastical matters. Act of union: the statute of 
 5 Anne, c. 8, ratifying the union between Scotland and England. 
 Acts of uniformity; the statutes of 1 Eliz., c. 3, and 13 & 14 Car. IT., 
 c. 4, regulating public worship in the church of England, v. Acta. 
 
14r ACT — ACTIO. 
 
 In Scots law. An abbreviation of actor, used in old records for proc- 
 tor or advocate, especially for tbe proctor of the pursuer or plaintiS. 
 Act book: the minute book of a court. Act of contravention: the 
 act of breaking through a restraint imposed by deed or by a court 
 Act of curatory: the act extracted by the clerk on acceptance by a 
 person of an appointment to the office of curator. Act of grace: 
 the statute of 1696, c. 32, for the relief of poor debtors who were 
 imprisoned and unable to maintain themselves. 
 
 Acta, 7. In old English law. Acts; actions; the acts of persons. Acta 
 exteriora indicant interiora secreta: outward acts indicate in- 
 ward or secret purposes, v. Act; Actum; Per exteriora proesumi, 
 etc. 
 In the civil law. Acts, doings, transactions ; especially those of which 
 a record was kept The acts or proceedings of persons having su- 
 preme authority ; the records of such proceedinga The acts or pro- 
 ceedings of magistrates or public officers of which a record was 
 kept The acts or proceedings of courts of justice of which a min- 
 ute or record was kept; the minutes or records themselves. Acta 
 dinrna: daily acts; public registers of the daily proceedings of sen- 
 ate, courts, popular assemblies, etc. Acta publica: public acts; 
 things done and recorded before public officers, notaries, judges, etc. 
 V. Actum. 
 
 Actio, Z. An action. Actio civilis : a civil action. Actio communis: 
 a common action. Actio crimlnalis : a criminal action. Actio ex 
 contractn: an action of contract Actio ex delicto: an £^ction of 
 tort Actio in personam: an action against the person. Actio in 
 rem: an action for a thing. Actio indirecta: an indirect action: 
 Actio nominata: a named action ; an action for which there was a 
 writ of course prior to the statute of Westm. IL Actio non accrevit 
 infra, etc. : the action did not accrue within, etc. Act^o non datnr 
 non damnilicato: an action is not given to one who is not injured. 
 Actio personalis: a personal action ; — moritur cum persona: a 
 personal action dies with the person. Actio propria: an action for 
 the recovery of a thing held in severalty. Actio qnselibet in sna 
 via: every action proceeds in its own course. Actionnm genera 
 maximc sunt servenda: the kinds or varieties of actions are espe- 
 cially to be preserved. 
 In the civil law. An action ; a cause of action ; a right to pursue or 
 sue for what is due, before a judeos or in judicio. or later, in any 
 court Actio ad exiiibendum: an action to compel the production 
 of a thing, together with what was called rei causa. Actio arbi- 
 traria : an arbitrary action ; an action depending on the discretion 
 of the judge. Actio bouse lldei: an action of good faith; an 
 equitable action ex contractu, in which the judex determined ac- 
 cording to equity. Actio civilis: a civil action ; an action founded 
 on the jMS civile, or Roman law proper. Actio commodati: an 
 
ACTIO. 15 
 
 action of loan. Actio commnni dlvidnndo: an action for dividing 
 property lield in common. Actio confessoria: an affirmative action ; 
 an action founded on an affirmative allegation of a right in land of 
 another. Actio contraria: a contrary or cross action. Actio dc 
 dolo malo: an action of fraud ; an action against a defrauder and 
 his heirs for restitution with increase, or for damages. Actio de in 
 rein verso: an action concerning a thing converted to the profit of 
 another. Actio de pecnlio: an action concerning or against the 
 separate property of a person. Actio de pecania constitnta: an 
 action for money engaged to be paid, .\ctio dcpositi: an action of 
 deposit ; an action upon or for a deposit, or for a thing deposited. 
 Actio directa: a direct action ; an action founded on strict lavy, and 
 conducted according to fixed forms ; an action on a contract made 
 by an agent, and between the immediate parties — the agent and the 
 other party; an action for an injury directly committed by hand 
 or body, or for an act immediately injurious ; an action brought to 
 enforce an obligation essential to a contract Actio ex couductn: 
 an action upon hiring. Actio ex contractu: an action on contract 
 Actio ex delicto: an action of tort Actio ex exempto: an action 
 of purchase, or upon purchase ; an action by the buyer against the 
 seller-to compel delivery. Actio ex facto: an action of fact or upon 
 fact Actio ex locato: an action upon letting. Actio ex vendito: 
 an action upon sale ; an action by the seller for the price. Actio 
 ex exercitoria: an action against an employer of a vessel. Actio 
 fainiliffi erciscnnda;: an action for the partition of an inheritanca 
 Actio flninm regnndoram: an action to determine a boundary. 
 Actio fnrti: an action for theft Actio lionoraria: an honorai7, 
 or praetorian action. Actio in duplnm : an action for double the 
 value of a thing. Actio in factnni: an action upon the fact, or 
 adapted to the fact ; an action not confined to a particular formula, 
 but founded on the peculiar circumstances of the case. Actio in 
 personam, or personalis: an action against the person; an action 
 founded on some personal liability. Actio in qnadrnplnm: an 
 action for quadruple the value of a thing. Actio in rem : an action 
 for a thing, for the recovery of the possession of a thing. Actio in 
 simplnm: an action for the single value of a thing. Actio in trip- 
 Inm: an action for triple the value of a thing. Actio injuriariim: 
 an action for injuries done by beating, wounding, defaming, etc. 
 Actio Icgis Aqniliee : an action under the Aquilian law ; an action for 
 damages for maliciously injuring a person or thing belonging to an-' 
 other. Actio locati: an action by the letter of a thing against the 
 hirer for breach of the contract Actio mandati: an action of 
 mandate ; an action on a contract of mandate. Actio mixta, or 
 mista : a mixed action ; an action to recover a thing or compensa- 
 tion for damages, and also for a penalty ; an action in which each 
 party is actor or plaintiff. Actio negatorla, or negatira: a nega- 
 
1^ ACTIO. 
 
 tory or negative action; an action founded on the denial of an- 
 other's right Actio negotiornm gestornni: an action on account 
 of business done; an action where one has transacted business for 
 another, in his absence, or without authority. Actio noxalis: a 
 noxal action ; an action against the master for an injury done or a 
 crime committed by a slave. Actio perpetua: a perpetual action; 
 an action not limited in respect to time of bringing. Actio pig- 
 noralicia: an action of pledge; an action founded on a pledge. 
 Actio pcense persecutoria: an action for a penalty only; not for a 
 specific thing. Actio penalis: a penal action; an action for a pri- 
 vate penalty. Actio prsejudicialis: a preliminary action ; an action 
 to determine a question arising in another, the principal action. 
 Actio prsetoria: a praetorian action; an action introduced by the 
 prsetor. Actio pro socio: an action for a copartner; an action by 
 a partner against copartner. Actio publiciana: an action for a 
 thing lost by one who had bona fide obtained possession before he 
 had gained a propei-ty in it. Actio qnanti minoris: an action by 
 a purchaser to recover what he had paid above value. Actio qnod 
 jnssn: an action against a master founded on business done by his 
 slave on his order. Actio qnod metus causa : an action to one who 
 had been compelled by fear not groundless or by unlawful force to 
 promise, sell or deliver a thing to another. Actio, or interdictam 
 qnod vi aut clam : an action for forcibly or clandestinely erecting 
 or demolishing a building to the injury of another. Actio realis: 
 ft real action. .Actio redhibitoria: an action to compel a vendor 
 to take back the thing sold, and return the price. Actio rei perse- 
 cntoria: an action to recover a specific thing or damages. Actio 
 rerum amotarnm: an action for things removed; an action by 
 husband or wife against the other for things carried away in con- 
 templation of divorce. Actio rescissoria: an action for rescinding 
 title by prescription in certain cases. Actio sepulchri vestati : an 
 action for violating a grave. Actio sei'viana: an action by the 
 lessor of a farm to recover of the lessee goods pledged for the rent 
 Actio specialis: a special action; an action for delivery of one or 
 several things. Actio stricti juris: an action of strict right; a 
 species of action ex contractu in which the Judex was limited to the 
 precise words of the agreement, as expressed in the formula of his 
 instructions. Actio temporalis: a temporary action; an action 
 limited in the bringing to a certain time. Actio tribntoria: an 
 action for distribution ; an action by a creditor of a son or slave who 
 bad traded on his peculiuvi, with the knowledge of the father or 
 master, for a distributive share of the goods traded in. Actio 
 tutel%: an action of tutelage. Actio or interdictum unde Ti: an 
 action or interdict for possession of an immovable of which one had 
 been deprived by force. Actio ntilis: an equitable or beneficial 
 action ; an action by or against a principal on the contract of his 
 
ACTIO — ACTORE 17 
 
 agent ; an action eon delicto where the injury was not immediate but 
 indirect or consequential. Actio t1 bonoruin raptoruin: an action 
 for goods taken by force ; a mixed action for the things talien, with 
 a penalty of triple their value. Actio Tulgaris: a common action ; 
 the actio directa. v. Actio; Action. 
 
 Actio non, I. I. An abbreviation of actionem non, the words anciently 
 used in beginning a special plea in bar. Actio non nlterius: the name 
 of the distinctive clause in the plea to the further maintenance of the 
 action introduced in place of the plea jpms darrein continuance. 
 
 Action. The formal legal demand of a right. Action droitural: an 
 action upon the right, to determine the title, as opposed to a posses- 
 sory action. Action on the case: a remedy given by the statute of 
 Westm. II. in cases similar to those covered by the original writs, and 
 commonly employed where the injury is not immediate ; so called 
 because the whole case is set out in the writ. Ancestral action: an 
 action to recover land, relying on the seisin or possession Of an an- 
 cestor. Civil action: an action brought to enforce a private light. 
 Feigned action: an action brought to settle a point of law, there 
 being no actual controversy. Local action: an action which must 
 be brought in a certain place. Mixed action: an action in which 
 both damages and the recovery of real property are sought. Penal 
 action: an action for a penalty. Personal action: an action for 
 damages or for personal property. Petitory action: a droitural 
 action. Possessory action: an action for possession merely., Qui 
 tarn action: a popular action; an action in behalf of the sovereign 
 and the informer. Real action: an action for realty. Transitory 
 action: an action which may be brought in any county. 
 In Scots law. Action of abstracted multures: an action for tolls 
 due by tenure to a particular mill for grinding grain, abstracted or 
 withheld by tenants. Rescissory action: an action brought to 
 avoid a deed or other instrument 
 
 Actionare, I I. To bring an action ; to sue or prosecute. 
 
 Acton Burnel. The statute otherwise called Statutum de Mercatoribus, 
 enacted 11 Edw. L 
 
 Actor, I. The party who institutes or prosecutes an action. In some 
 actions, as in replevin, the term is extended also to the other party. 
 Actor in rem snam: an agent in his own matter. Actor qui 
 contra regulam quid adduxit non est andiendns: a pleader 
 ought not to be heard who advances a proposition contrary to the 
 rules of law. Actor sequitur formam rei : the plaintiff follows the 
 form of proceeding. Actor sequitur forum rei : the plaintiff fol- 
 lows the forum of the thing ; the plaintiff follows the court of the 
 defendant. 
 
 Actore non probante, absolvitur reus, I The plaintiff not proving, the 
 defendant is discharged. 
 
18 ACTORI — AD. 
 
 Actori iiicumlbit probatio [onus proband!], I. The burden of proof 
 lies on the plaintifif. 
 
 Actornatus, actornaj. In old Scots law. An attorney. 
 
 Acts of siderunt. In Scots law. Ordinances of the court of session 
 regulating its procedure. 
 
 Actuarius, I. In the Roman law. An oflScer who took down in short- 
 hand proceedings before a public magistrate ; an actuary. A keeper 
 or writer of public records ; an officer having charge of accounts. 
 
 Actum, acta, I. In the civil law. Done; a thing done; an act, or 
 deed. v. Acta. , 
 
 Actus, 2. An act ; a deed ; a proceeding. Actus (Curiae' nemlnem grav- 
 abit: an act of the court shall prejudice no man. Actus Dei: the 
 act of God; — nemini est damnosus: ,the act of God is hurtful to 
 no one; — nemini facit injuriam: the act of God does injury to 
 no one ; — vel legis nemini facit injuriam: an act of God or an 
 act of the law injures no one. Actus Actus in fraudem legis: a 
 fictitious act in fraud of the law. Actus inceptus, cnjus perfectio 
 pendet ex Tolnntate partium, revocari potest; si autem pcndet 
 ex Toluntale tertise persons, yel ex contingenti, revocari non 
 potest: an act already begun, the completion of which depends on 
 the will of the parties, may be revoked ; but if it depends on the will 
 of a third person, or on a contingency, it cannot be revoked. Actus 
 judicarins coram non judice irritus habctur, de ministeriali 
 autem, a quocunque provenit, ratum csto: a judicial act before 
 one who is not a judge is held void, but as to a ministerial act, from 
 whomsoever it proceeds, let it be valid. Actus legis: the act of the 
 law ; — nemini est damnosus: the act of the law is hurtful to no 
 one; — nemini facit injuriam: the act of the law does injury to 
 no one. Actus legitirai non recipiunt modum: acts requiring to 
 be done by law do not admit of qualification. Actus me invito fac- 
 tns non est mens aotus: an act done by me against my will is not 
 my act. Actus non facit reum, nisi meas sit rea: an act does 
 not make guilty unless the mind is guilty. Actus repugnans non 
 potest in esse prodaci: a repugnant act cannot be bi-ought into 
 being. Actus servi in iis quibus opera ejus communiter adhibita 
 est, actus domini habetur: an act of a servant in those things in 
 which he is commonly employed is considered the act of his master. 
 In the civil law. An act or action ; a proceeding ; a species of right of 
 way for the driving of cattle or a carriage. 
 
 Ad,/. At; by; for; on; to; until; upon. Ad abnndantio rem cau- 
 telam: for more abundant caution. Ad alind examen: to another 
 tribunal. Ad alinm diem: at another day. Ad audiendum: to hear ; 
 
 — considerationem curiee: to hear the judgment of the court; 
 
 — errores: to hear eri'ors; — «t tormiuandum: to hear and deter- 
 mine. Ad barram: to the bar ; at the bar ; — vocatus : called to the 
 
AD. 19 
 
 bar. Ad cantelani ex snperabundanti: for more abundant caution. 
 Ad colligendum bona defuncti: to collect the goods of the deceased ; 
 special letters giving authority to collect and preserve the goods of 
 a decedent pending probate of a will or the appointment of a regu- 
 lar administrator. Ad curiam: at a court. Ad damnum: to the 
 damage; the part of the declaration which states in money the 
 amount of the plaintiff's loss, .^id diem: at the day. Ad ea qua; 
 frequentius accidunt jura adaptantur: the laws are adapted to 
 those cases which occur most frequently. Ad exitnm: at issue. 
 Ad faciendum: to do ; to make. Ad fllum: to the thread ; — aquae: 
 to the thread, i. e. to the middle of the stream ; — medium aquse: 
 to the middle thread of the water ; — via): to the thread of the way. 
 Ad fln., ad flnem litis: at the end; at the end of the suit Ad 
 gravamen: to the grievance. Ad lioc: to this ; hereunto ; — faeit: 
 makes to or for this; goes to this point Ad liominem: to the per- 
 son. V. Argumentum, etc. Ad idem: to the same point Ad lar- 
 gum: at large ; at liberty ; in detail ; in extenso. Ad legem: at law ; 
 according to law. Ad libitum: at pleasure ; at will. Ad litem: for 
 a, or the suit; for the purposes of a suit. Ad medium filuni: to the 
 middle thread ; — aquie: to the middle thread of the water ; to the 
 center of the stream ; — via): to the middle thread of the way. Ad 
 opus: for the benefit or use. Ad peri)etuam: as perpetual ; — rei 
 memoriam: as a perpetual remembrance of the matter ; — remanen- 
 tiam: to remaia perpetually. Ad proximum antecedens iiat 
 relatio, nisi impedicatur sententia: relation should be made to 
 the next antecedent unless the sense forbids. Ad qua;stionem: to 
 a question; — facti non respondent jndices, ad qnatstionem legis 
 non respondent jnratores: judges do not answer to a question of 
 fact ; jurors do not answer to a question of law ; — juris respondent 
 jndices; ad quaistionem facti respondent jnratores: judges an- 
 swer to a question of law ; jurors to a question of fact Ad qnem : to 
 which. Ad quod: to which ; to what Ad rationcm ponere: to put 
 to reason ; to arraign. Ad rectum : to right ; to do right ; to answer 
 in law. V. A droit. Ad rem : to the thing ; against the thing ; to 
 recover the thing, -v. In personam. Ad respondendum: to answer. 
 V. Capias. Ad satisfaciendum: for satisfying, v. Capias. Ad 
 testiUcandum: for testifying. Ad tristem partem strenua est 
 suspicio: suspicion lies heavy on the unfortunate side. Ad ultimam 
 vim terminorum: to the most extended import of the terms. Ad 
 unguem: to the nail; finished to the last detail. Ad valorem: 
 upon the value ; according to value. Ad vitam : for life. 
 In old English law. Ad admittendum clericum: for admitting a 
 clerk ; a writ to compel a bishop to admit his clerk. Ad assisas 
 capieudas: to take assises. Ad bancum: at or to the bench. Ad 
 camp! partem: for a share of the field. Ad compareudum: to 
 appear; — et ad standum juri: to appear and to stand to the law, 
 
20 AD. 
 
 or abide the judgment of the court Ad compotnm: to account ; 
 
 — reddendum: to render an account. Ad consniendum : to consult 
 Ad custogia, ad cnstnin: at the costs, at the cost ,Ad decisionem 
 litis: by the decision of the suit Ad defendendnm: to defend. Ad 
 delin^nendum: to become delinquent Ad effectnm seqaentam: 
 to the effect following. Ad eosdem terminos: for or upon the same 
 terms. Ad essenduin: to be; — coram justiciariis: to be before the 
 justices ; — de consilio sno: to be of his counsel. Ad excambium 
 ad ralentiam: for recompense to the value. Ad exhseredationem: 
 to the disherison, or disinheriting ; — ipsius: to the disinheriting of 
 himself ; — ecclesise: to the disinheriting of the church. Ad feodi 
 flrmam: to fee farm. Ad fldem: in or under allegiance ; bound to 
 allegiance ; — regis: under the king's allegiance ; — ntriasqne regis: 
 owing allegiance to each king. Ad flrmam: to farm ; — ponere: to 
 put or set to farm. Ad gaolam deliberaiidam: to deliver the gaol ; 
 to make gaol delivery. Ad gravamen tenentis sni: to the grievance 
 of the tenant Ad grave damnum: to the great damage. Ad hnnc 
 diem: at this day. Ad idem facit: it makes to, or goes to establish 
 the same point Ad illnd: to that; thereto, or thereunta Ad 
 
 ' inde: thereunto ; — requisitns: thereunto required. Ad informan- 
 dum conscientiam: to inform the mind ; — jndicLs: to inform the 
 mind of the judge. Ad inqnirendnm: to inquire. Ad instantiam: 
 at the instance ; — partis: at the instance of a party. Ad itineran- 
 dum: to itinerate. Ad judicium; to judgment ; to court ; — provo- 
 care: to summon to court; to begin an action. Ad jngendam 
 auxilinm: to join aid; to join in aid. Ad jura: for the rights; 
 
 — legis: for the rights of the law ; — regis: for the rights of the 
 crown ; a writ by the holder of a crown living against an ejector. 
 Ad litis decisionem: to the decision of the suit Ad litis ordina- 
 tionem: to the regulation of the suit Ad Incrandum vel perpen- 
 dum: to gain or lose. Ad majorem cantelam: for greater security. 
 Ad majns: at most Ad manum: at hand ; ready for usa Ad minus: 
 at the least Ad modnm : after the manner of ; on account of the 
 way or manner; — actionls instituendas: to the mode of bringing 
 the action. Ad mordendum assuetus: accustomed to bite. Ad no«n- 
 mentnm: to the nuisance; — liberi tenementi sui: to the nuisance 
 of his freehold ; — tenementi ipsornm : to the nuisance of their free- 
 hold. Adnullins sectam: at the suit of no one. Ad ordinationem 
 litis: for or to the regulation of suit Ad ostendendum: to show. 
 Ad ostium ecclesise: at the door of the church, v. Dower. Ad pri- 
 mam diem litigii: at the first day of the suit Ad propinqniorem 
 consanguineum: to the next of blood. Ad prosequendum: to pros- 
 ecuta Ad pnblicam vindicatam: for vindicating the publia Ad 
 punctnm temporis: at the point of time. Ad qnerimoniam: on the 
 complaint Ad quod: to which ; — curia concordaYit: to which the 
 court agreed ; — damnum : to what damage ; a writ issued before the 
 
AD — ADEMPTIO. 21 
 
 grant of certain liberties by thfe crown to ascertain whether it will be 
 to the prejudice of the king or others; — non tuit responsum: to 
 which there was no answer. Ad recognoscendnm; to recognize. Ad 
 referendnm; to be referred. Ad reparationem et snstentationem 
 for repairing and maintaining. Ad sectam: at suit of. Ad staudum 
 recto: to stand to the right ; to meet an accusation ; to stand a trial ; 
 to abide by the sentence of the law. v. Plegium, etc. ; Responsurusy 
 eta Ad studendum et orandum: for studying and praying; for 
 the promotion of learning and religion. Ad subeundum legem: to 
 undergo the law ; to abide the sentence of the law. Ad terminum : 
 for a term; — annornm: for a term of years; — ponere: to put to 
 another term ; — qui prseteriit: for a term which has passed ; — vel 
 ad tempus: for a term, or for a time ; — vel ad flrmam: for a term 
 or to farm; — Titse yel annornm: for a term of life, or for years. 
 Ad testari: to witness. Ad tractandum et consilium impenden- 
 dnm: to discuss and give advice. Ad tunc et ibidem: at the time 
 and in the same place ; then and there. Ad nsum et commodum: 
 to the use and benefit Ad valentiam: to or of the value; — veri 
 Taloris: to the worth of the true value, v. Cape. Ad valorem 
 contractus: upon the value of the contract Ad ventrem in- 
 spiciendnm, v. De ventre, etc Ad vitam : for life ; — autcnlpam: 
 for life, or until fault; during good behavior; — vel in feodo: for 
 life, or in fee. Ad volnntatem: at will ; — domini : at will of the 
 lord ; — domini secandum consnetudinem : at will of the lord ac- 
 cording to the custom. Ad warractum: to follow. 
 In Scots law. Ad factum prestandum : for performance of a specific 
 act — an obligation of great strictness. 
 
 Adasquatio, I. In the dvil law. A making equal ; a sharing equally. 
 
 Adierare, I In the civil law. To estimate in money. 
 
 Adayer, I. Jr. To provoka Adayement: provocation. 
 
 Addicere, I. In the civil law. To adjudge or condemn ; to assign, allot 
 or deliver ; to sell. 
 
 Addictio, I. In the dvil law. An assignment by the sentence of a court 
 Addictio in diem: a sale with a clause that the contract shall not 
 hold, if within a certain time the seller shall have a better offer. 
 
 Additio, l. Addition. Words added to the name of a person by way 
 of title or description for greater certainty of identity. Additio 
 probat minoritatem: an addition proves or shows minority or in- 
 feriority. 
 
 Addone, addonne, I. fr. Given to. 
 
 Addonbenr, I. fr. A promoter ; a setter up of businesa 
 
 Addresser, adresser, I. fr. To hold up. Addresseroient en haul lour 
 maynes dextres: should hold up on high their right handa 
 
 Adeem. To take away ; to revoke. 
 
 Ademptio, 2. In the civil law, A revocation of a legacy. 
 
22 ADEMPTION— AD JORN ARE. 
 
 Ademption. A taking away ; a revoking. Applied particularly to the 
 extinction of a legacy by act of the testator in his life-time, as by 
 paynient or by disposal of the property otherwisa 
 
 Adeo, I. As ; so. Adeo plene et integre: as fully and entirely. 
 
 Adeprimes, I. fr. First ; in the first placa> 
 
 Adequate. Equal j-sufiicient; proportionate. Applied to the consid- 
 eration of a contract, to remedies at law, etc. 
 
 Aderere, I. fr. In arrear ; behind. 
 
 Adesouth, I. fr. Under ; beneath. 
 
 Adeu, I fr. Without day. 
 
 Adevant, adavauut, I. fr. Before. 
 
 Adliues, ailiues, I. In the civil laio. Relations or connections by mar- 
 riage. 
 
 Adgisant, adgisantz, I. fr. Adjacent. 
 
 Adgiioscere, i. In the civil law. To admit; to accept. 
 
 Adherence. In Scots law. An action for the restitution of conjugal rights. 
 
 Adhibere, I. In the civil law. To apply ; to employ ; to exercise. Ad- 
 hibere diligentiain: to exercise cara Adhibere vim: to employ 
 forca 
 
 jVdliuc existit, I. It still exists. Adhuc remanet: it still remains. 
 Adhuc sub judice lis est: the controversy still awaits the determi- 
 nation of a judge. 
 
 Adhunc detinet, I. He still retains. Adhunc possnnt partes resilire: 
 the parties may yet draw back. 
 
 Adieu, I. fr. Without day. 
 
 Adiinere, I. In the civil law. To take away ; to reraova 
 
 Adiratus, I. Strayed ; lost. 
 
 Adire, I. In the civil law. To go to ; to approach ; to apply ta 
 
 Adit, A horizontal entry to a mine. 
 
 Aditio, I An entering upon an inheritance. Aditio liasreditatis pro 
 solutioue cedit: entering upon an inheritance goes for payment. 
 
 Aditus, I. In old English law. A public way. 
 
 Adjacent. Near to ; in the neighborhood of. 
 
 Adjection, /. fr. Addition ; addition to a name. 
 
 Adjectio, adjectire, I. I. In old European law. To summon to court. 
 Adjectivus, adjactivus: summoned. 
 
 Adjective law. The law of remedies. 
 
 Adjicere, I. In the civil law. To add ; to join to. ' 
 
 Adjoining'. Contiguous ; in contact with. 
 
 Adjornainentum, 1. 1. Adjournment ; an adjournment, or the adjourn- 
 ment. 
 
 Adjornare, adjournare, adjurnare, I l, Adjourner, fr. To adjourn ; 
 to give another day ; to give or assign a day ; to summon to appear 
 at a day. Adjornent assisas : they shall adjourn the assises. Ad- 
 jornatur, or adjournatur: it is adjourned. Adjornatns, or ad- 
 jurnatus: adjourned, v. Adjourfi, 
 
ADJOURN — ADMEASUREMENT. 23 
 
 Adjourn. To postpone to another day ; to assign a further day to a 
 court or a party ; to postpone indefinitely, as to adjourn without 
 day. V. Adjornare. 
 Adjournal. In Scots law. An act of adjournal is an order of the court 
 of justiciary, entered on its minutes ; books of adjournal are the 
 records of ci-imiual courts. 
 
 Adjourned term. A continuance, by adjoui-nment of a regular term. 
 
 Adjournment, I. fr. and eng. A putting oflf to another day ; an as- 
 signment of a furtlier day for meeting or proceeding. 
 
 Adjudieare, Z. In old English law. To forjudge. Adjudicetur mcdius 
 de feodo et seryitio suo: the mesne shall be forjudged of his fee 
 and service. 
 In the civil law. To adjudge ; to determine ; to decree to a person ; to 
 assign by act of court. Adjudicatum: adjudged. 
 
 Adjudicatio, I. In the civil law. An adjudication ; an assignmen); by 
 judgment ; the adjudging of the ownership of a thing, v. Adjudi- 
 care. . 
 
 Adjudication. Judgment; decree; sentence; the act of giving judg- 
 ment or pronouncing sentence or a decree; a settlement by judg- 
 ment, decree or sentence. 
 In Scots law. A process for transferring the estate of a debtor to a 
 creditor ; a species of judicial sale, with right of redemption by the 
 debtor ; a decree of the lords of session appropriating the lands or 
 heritable rights of a debtor to his creditor. 
 
 Adjunctio, I. In the civil law. Adjunction; a method of gaining 
 property by means of its being connected with other property, as 
 by interweaving, soldering, writing, painting, planting, etc. A spe- 
 cies of access to. v. Accessio. 
 
 Adjunctum, I. An adjunct ; an incident 
 
 Adjurnainentum, I. I. In old European law. Adjournment in the 
 original sense ; a summoning to court at a certain day ; the assign- 
 ment of a certain day to appear in court. 
 
 Adjustment. The settlement of a loss under a policy of insurance ; the 
 ascertainment, i. e., of the amount to be paid, and its apportionment 
 among the insurers. 
 
 Adiegiare, l, Aleier, fr. To purge one's self of crime by oath. v. Pur- 
 gation. 
 
 Admallare, I. I. In old European law. To cite or summon to court ; 
 to sue ; to attach. 
 
 Admeasurement. A measuring out; an assignment or adjustment by 
 measure or according to certain proportions ; the name of a com- 
 mon-law writ for making such an assignment Admeasurement of 
 dower: a writ wljich lies at suit of the heir against the widow 
 where she holds or has taken by assignment more land than she ia 
 entitled to ; in some jurisdictions the statutory remedy for the as- 
 signment of dower. Admeasurement of pasture: a writ which 
 
,24: ADMENSUKAEE — ADMINISTRATOR 
 
 lay by a person having a right of common in pasture against an- 
 other who had surcharged the common with more cattle than he 
 ought, to adjust the rights of pasture. 
 
 Admeusnrare, amensnrare, 1. 1. To admeasure. 
 
 Admensnratio, ameusnratio, I. I. Admeasurement Admensnratio 
 nihil aliud est qnam reductia admensaram: admeasurement is 
 nothing more than reducing to measure. 
 
 Adminicle. Aid or support Adminicular: auxiliary. 
 In Scots law. A collateral writing referring to and proving. 
 
 Adminicnlnm, Z. In civil and old English law. Aid or support ; that 
 which belongs to a thing as accessory ; that which is necessary to 
 its complete use or enjoyment ; whatever appertains to judicial pro- 
 ceedings ; a species of evidence conclusive only when conjoined with 
 other evidenca 
 
 Administrare, L, Administer. To manage ; to take charge and dispose 
 according to law of the effects of an intestate, or of a testator hav- 
 ing no executor. 
 
 Administrare, I. In the civil law. To manage or conduct ; to take or 
 have charge of ; to administer ; to govern ; to have or conduct the 
 government ; to execute an oflBca 
 
 Administratio, I. In old English law. Management conduct, disposal 
 or charge of property or of affairs, as management by an adminis- 
 trator, an attorney, a guardian ; power of disposal. 
 In fhe civil law. Management, conduct or charge, as management by 
 an attorney or a guardian ; government ; administration. 
 
 Administration. The management and disposal of the estate of an in- 
 testate, or of a testator having no executor ; also, in the larger sense, 
 management, etc., by an executor : the right of management con- 
 ferred by what are called letters of administration. Administra- 
 tion ad collegendum: temporary administi-ation granted to preserve 
 perishable property. Administration cum testamento annexe: 
 administration with the will annexed ; administration granted where 
 there is a wUI, but no executor appointed, qualified, or living. Ad- 
 ministration de bonis non administratis: administi-ation of the 
 goods not administered ; administration granted where the admin- 
 istrator or executor dies before completing administration. Admin- 
 istration durante absentia: administration during absence; ad- 
 ministration granted during the absence of an executor. Adminis- 
 tration durante minore setate: administration during minority; 
 administration granted duriiig the minority of an executor. Admin- 
 istration pendente lite: administration granted pending a suit 
 touching the validity of a wilL Ancillary administration: subor- 
 dinate administration granted to collect assets in a foreign state. 
 
 Administrator. One who administei-s ; one who has authority to man- 
 age and dispose of the estate of an intestate or a testator having no 
 
ADMINISTRATOR — ADONQUES. 25 
 
 executor. Administratrix: a female who administers, who has au- 
 thority to administer. 
 In old English law. A manager ; one wlio takes charge of the prop- 
 erty or affairs of another. 
 In the civil law. A manager or conductor of affairs, especially of an- 
 other and in his name and behalf. 
 
 Admiral, Lord High. The highest officer in the English navy and 
 theoretical head of the English courts of admiralty whose judicial 
 duties are now performed by the judge of admiralty. 
 
 Admiralty. A court having jurisdiction of all maritime causes, civil 
 and criminal. The civil jurisdiction is twofold, embracing contro- 
 versies arising out of maritime contracts, and the adjudication of 
 maritime captures and seizures. In England the jurisdiction extends 
 over the high seas and tide waters and those parts of the coast which 
 are not within the body of any county. In the United States it 
 extends also over all public lakes and rivers on which commerce 
 is carried on between states, and is vested in the federal district 
 courts. 
 
 Admission. A taking or letting in ; permission to exercise certain rights, 
 to flu an office, etc. ; as the admission of an attorney to right to prac- 
 tice, an admission to membersliip of a corporation. Acknowledg- 
 ment, allowance, concession ; as the admission of a fact in evidence, 
 the admission of service of papers. 
 In English ecclesiastical law. The appi-oval by a bishop of a clerk 
 presented by the patron, declaring him fit to serve the cure of the 
 church, in the words admitto te habilem: I admit thee able. 
 
 Admittance. The act of giving possession of a copyhold estate, whether 
 upon grant by the lord,upon surrender by the former tenant, or upon 
 descent 
 
 Admittere, I. In the civil law. To admit ; to receive ; to accept ; to 
 allow ; to acknowledge ; to commit, as an ofEensa 
 
 Admittendo clerico. v. De, etc. 
 
 Admonitio trina, I The warning given to a prisoner who stands mute 
 before subjecting him to the paine forte et dure. 
 
 Adnihilare, adnnllare, 1. 1. In old English law. To annul ; to reduce 
 to nothing ; to treat as nothing ; to avoid. 
 
 Adnotatio, I. In the civil law. The subscription of a signature to an 
 instrament ; a rescript of the prince or emperor, signed with his 
 own hand. 
 
 Adnnllace, I. I To annul, v. Adnihilare. 
 
 Adolescentia, I In the civil law. Adolescence, or youth ; the age be- 
 tween puberty and majority, beginning in males at fourteen, in 
 females at twelva 
 
 Adonques, adonqne, adnnqne, adonn, I fr. Then. 
 
26 ABOPTIO — ADULT. 
 
 Adoptio, I. In the civil law. Adoption ; the taking or choosing of a 
 cliild of another as one's own. Adoptivus : adoptive. Applied both 
 to the person adopting and the person adopted. 
 
 Adpromissor, I. In the civil law. A surety ; one who binds himself 
 for or in addition to another ; one who engages to do the same thing 
 , that the promisor does. 
 
 Adquirere, I. In civil and old English law. To acquire ; to gain. Ad- 
 qiiiritur possessio: possession is acquired, v. Acquirere. 
 
 Adrectai'c, adretiare, addressare, I. I. In old English law. To do 
 right ; to satisfy ; to make amends. 
 
 Adresser, I. fr. To prepare. 
 
 Adi'hamire, arhaniire, arraniire, arramare, Z. I. In old European law. 
 To undertake, declai-e, or promise solemnly ; to pledge ; to pledge to 
 make oath. 
 
 Ads., adsm., ats. Abbreviations of ad rectam, at suit of. 
 
 Adsallire, assalire, I. I. In old European law. To assail ; to assault or 
 attack. 
 
 Adscendentes, I. In the civil law. Ascendants. 
 
 Adscribere, aseribere, I. In the civil law. To add in or by writing, as 
 ^y a codicil ; to add one's name to an instrument as a witness ; to 
 annex or bind in writing. 
 
 Adscriptus, ascriptus, I. In the civil law. Added, joined, annexed or 
 bound in or by writing ; registered, enrolled ; united by writing or 
 enrollment; united, joined, annexed, bound to, generally. Ad- 
 scriptus glebai: annexed to the soil ; slaves in the middle ages were 
 adscripti glebce and passed to the purchaser upon a sale of the land 
 to which they belonged. 
 
 Adscripti tins, adscripticius, ascriptitius, I. In the civil law. United, 
 annexed or bound to. Adscriptitii: a class of cultivators who were 
 annexed to the land, and had no power to leave it 
 In old English law. Adscriptitii glebse: annexed, bound or ad- 
 strioted to the soil. A term applied to tenants by villein socage. 
 
 Adsecnrare, I. I. To insure, or assure. Adsecuratio, assecuratio : in- 
 surance; assurance. 
 In old English laiv. To make secure ; to secure by giving pledges or 
 sureties. 
 
 Adsessores, assessores, I In old English law. Assessors. An ancient 
 title of masters in chancery. 
 In the civil law. Persons employed to assist magistrates with ad- 
 vice. 
 
 Adsigrnare, I. In the civil laio. To seal an instrument ; to seal in com- 
 pany with others ; to assign ; to designate for a specific purpose. 
 
 Adtnnc, 1. 1. Then. Adtuuc existens: then being. 
 
 Adult. A person of full age. 
 In the civil law. A person who has arrived at the age of adolescentia. 
 V. Adolescentia. 
 
ADULTER — ADVERSE. 2 7 
 
 Adulter, I. In the dvil law. An adulterer ; one who corrupts the wife 
 
 of another. Adnltei'la: an adulteress; a woman guilty of adul- 
 tery. 
 Adulterare, I. In the civil law. To adulterate ; to corrupt ; to falsify ; 
 
 to forge or counterfeit. Adulterare rationes: to forge accounts. 
 Adulterator, 2. In the civil law. Counterfeiter; a forger. Adultera- 
 
 tores nionetoe: counterfeiters of money. 
 Adulterine. In old English law. Unlawful ; unlicensed ; unauthorized. 
 Adulterinus, I. In old English law. Corrupt ; spurious ; counterfeit ; 
 
 forged; unlawful; unauthorized; adulterine. 
 In the civil law. Unlawful; illegitimate; spurious; false or forged. 
 
 Adnlterina moueta: counterfeit monej-. Adulteriuum testa- 
 
 mentum: a forged will. 
 Adnlterium, I. In old English law. A fine imposed for adultery or 
 
 fornication. 
 In the civil law. Adultery ; the corrupting of the wife of another. 
 Adultery. At common law, sexual intercoui-se between a man and a 
 
 married woman not his wife ; but now, commonly, such intercourse 
 
 between a married person, male or female, and a person married or 
 
 single not that person's husband or wife. 
 Advance. To supply beforehand, as, to advance money or materials ; 
 
 to set for%vard, as, to set forward a cause on the calendar that it 
 
 may sooner come up for consideration. 
 Advancement. Money or property given to a child by a father or any 
 
 one in loco parentis in anticipation of inheritance. 
 Advautagium, I. I. An advantage. 
 Ad vena, Z. In the civil law. One who comes from abroad; one who 
 
 makes a temporary stay in a place. 
 Advenir, avener, aveigner, fr. To come to ; to become. Adveigne: 
 
 happens; becomes. 
 Advent. The period between the Sunday that falls on November 30 
 
 (St Andrew's day), or comes nearest to that date, and Christmas. 
 Adventitlus, adventicius, I. In the civil law. Coming from without, 
 
 from another person or thing ; from an unusual course ; adventi- 
 tious ; foreign ; accidental ; incidental ; accessory. 
 Adventura, 1. 1. An adventure. Adventuras maris: adventures of the 
 
 sea ; flotson, jetson and lagon. 
 Adventure, fr. and eng. A chance or accident, risk or hazard ; a thing 
 
 sent to sea at the risk of the sender, to be sold for his benefit by the 
 
 supercargo ; a thing which a seaman is permitted to carry abroad 
 
 with a view to a sale for profit. 
 Ad versa, I. In the civil law. Adverse; unfavorable; opposite. Ad- 
 
 versa fortuna: adverse fortune. Adversa valetudo: adverse or ill 
 
 health ; — excusat : ill health is an excuse. 
 Adverse. Acting against or in a contrary direction , opposite, contrary ; 
 
 opposed. Adverse enjoyment: the possession or exercise of an ease- 
 
28 ADVERSE — ADVOCATION. 
 
 ment or privilege, under a claim of right against the owner of the 
 land out of which the easement is derived. Adverse possession : 
 the possession of lands adversely or in opposition to the title of an- 
 other ; the possession of a person claiming under title or color of 
 title adverse to another who is out of possession. 
 
 Ad versus, Z. In the civil law. Against; adverse; opposite; afflictive. 
 Adversns bonos mores: against good morals. 
 
 Advisamentum, avisamentnm, 1. 1. Advisement ; advice. 
 
 Advisare, I. I To advise ; to see to ; to look to or into ; to consider or 
 deliberate. 
 
 Advisari, I I. To be advised ; to be prepared for decision by examina- 
 tion and deliberation. 
 
 Advise. To consider, examine, deliberate, consult; to give advice; to 
 give information or notice of facts. Advised: prepai-ed to give judg- 
 ment after examination and deliberation. 
 
 Advisement. The consultation or deliberation of the court after argu- 
 ment and before decision. 
 
 Advocare, I. 1. In old English law. To call to or upon ; to call in aid ; 
 to call upon one to warrant another's title ; to vouch ; to avow ; to 
 acknowledge or openly admit, accept, justify and maintain a thing ; 
 to acknowledge a child ; to advocate, protect or defend ; to assert 
 the rights of advocacy or patronage ; to exercise the right of presen- 
 tation to a vacant benefice ; to call a clerk to a vacant benefice ; to 
 present a clerk to such a benefice ; to claim ; to avow in replevin. 
 
 Advocassie, I. Jr. The oflSce of an advocate; advocacy. 
 
 Advocata, I. In old English , law. A patroness ; a woman having the 
 right of presenting to a churcli. 
 
 Advocate. One who is called upon to assist or defend another ; a de- 
 fender, patron or protector; one called and privileged to give legal 
 advice or assistance, particularly by way of argument of a cause in 
 court. 
 
 Advocate, Lord. In Scots law. The chief crown lawyer and public 
 prosecutor. 
 
 Advocati llsci, /. In the civil law. Advocates of the fisc, or revenue ; 
 fiscal advocates. 
 
 Advocatia, I. I. In old English law. The right of advowson or presen- 
 tation. 
 In old European law. The management of any public business in- 
 trusted to one by his superior ; the defense or patronage of a relig- 
 ious house. 
 
 Advocatio, I. In old English law. An advowson ; the right of pres- 
 entation or calling to a vacant church or benefice ; a taking into 
 protection ; an avowry in replevin. 
 In the civil law. Advocacy ; the office or business of an advocata 
 
 Advocation. In Scots law. An appeal ; process of appeal ; the process 
 of procuring a review of the judgment of an inferior court. 
 
ADVOCATOR — ^DILE. 29 
 
 Advocator, 1. 1 In old practice, one who called on or vouched another 
 to warrant a title; a voucher. Adrocatns: the person called on or 
 vouched. 
 In Scots law. An appellant. ' 
 
 Adrocatns, I. In old English law. An advocate or pleader ; a patron 
 or defender ; a person having a right to present to a church ; an ad- 
 vowee ; one who was called or vouched to warranty ; a vouchee. 
 In the civil law. One who managed, or assisted in managing, the cause 
 of another ; an advooata Advocatus flsci : advocate of the flsc, or 
 treasury. 
 
 Advove, advoe, I. fr. A person skilled in the law ; an advocata 
 
 Advover, fr. To avow ; to admit ; to acknowledge and justify, v. Ad- 
 vocare; Avow. 
 
 Advow, Z. To advow; to admit; to acknowledge and justify. \. Advo- 
 care; Advover; Avow. 
 
 Advowee. In English ecclesiastical law. A pati-on; one who has a 
 right to present to a benefice ; the holder of an advowson. 
 
 Advowry. v. Avowry. 
 
 AdTOWson. In English ecclesiastical law. The right of presentation to 
 a church or ecclesiastical benefice ; the right of presenting a person 
 to the bishop for admission to a vacant benefice. Advowson ap- 
 pendant: an advowson annexed to a manor and passing as an in- 
 cident upon grant of the manor. Advowson collative: an advow- 
 son in which the bishop himself is the patron. Advowson donative: 
 an advowson in which the patron has a right to put one In posses- 
 sion by mere gift, without presentation^ Advowson in gross: an 
 advowson belonging to the person. Advowson presentative: an 
 ordinary advowson by which the patron has the right to present and 
 to demand the institution of the person presented, if found canon- 
 ically qualified. 
 
 Ad vowtry, avowtry. Adultery, so called in old statutes. Advowterer: 
 an adulterer. Advowtress: an adulteress. 
 
 Adyre, /. fr. To say. 
 
 Ae, I. fr. Age ; the age of a person. 
 
 ^des, I. In the civil law. A house ; a dwelling ; a place of habitation 
 whether in city or country. 
 
 ^diflcare, I. In civil and old English law. To build or make, as a 
 bouse, or a ship. Jldiflcare in tno proprio solo non licet qnod 
 alteri noceat:, it is not lawful to build on your own land what may 
 injure another. 
 
 Xdiflcatnm solo solo cedit, I. What is built upon land belongs to or 
 goes with it 
 
 ^dificator, I. In the civil law. A builder. 
 
 jEdificinm, I In the civil law. A building, ^diflcia solo cednnt: 
 buildings belong to the soil. 
 
 iEdile. In the Roman law. A magistrate having the supervision of 
 buildings, streets, markets, sewers, etc. 
 
30 .SIDILITIUM— ^STIMARE. 
 
 Jidilitinm edictnin, I. In the Roman law. The ^dilitian edict, an 
 edict providing remedies for frauds in sales the execution of which 
 belonged to the curule cediles. 
 ^ditus, editns, I In old English law. Bom ; passed, as a statute ; put 
 
 forth, or promulgated, v. Editus. 
 Ml, ail, I. fr. A grandfather. Mle: a grandmother, v. Aiel; Ayle. 
 
 ^quitas, eqnitas, I. In old English laiv. Equity. iEqnitas est cor- 
 rectio legis generaliter latse qua parte deficit: equity is the cor- 
 rection of a law passed in general terms, in the part where it is de- 
 fective. Eqnitas est correctio qnaedam leg'i adhibita, quia ab ea 
 abest aliquid' propter generalem sine exceptione comprehen- 
 sionem: equity is a certain correction applied to a law where some- 
 thing is wanting to it, on account of its general comprehensiveness 
 making no exception. Jilquitas est perfecta qusedam ratio quae 
 jus scriptum interpretatur et emendat; nulla scriptura compreT 
 liensa, sed solum in vera ratlone conslsteus: equity is a certain 
 perfect reason, which interprets and amends^ the written law; com- 
 prehended in no writing, but consisting in right reason alone. 
 iEquitas est reruin convenientia, qua* in paribus cansis, paria 
 desiderat jura, et omnia bene coaequiparat: equity is the fitting 
 together or adjustment of things which, under equal circumstances, 
 requires equal rules, and properly equalizes all things, ^quitas est 
 Yerborum legis sulliciens (ellicacins) directio, qua unaTes solum- 
 modo cavetur verbis nt oranis alia in aequali genera iisdem 
 caveatur verbis: equity is the proper application of the words of 
 the law, where one thing only is provided for in terms, in order 
 that every other thing of the same kind may be provided for by 
 those same words. Eqnitas sequitur lejfem: equity follows the 
 law. jEquitas uxoribns, liberis, ereditoribns maxima favet: , 
 equity favors wives and children, creditors most of all. 
 In the civil law. Equity, as opposed to strictuTn or summum jus. 
 Otherwise called cequum, cequum bonum, cequum et bonum, cequum 
 et justum. 
 
 .Equivocum, equiTOcnm, I. In old English lam. Of various or doubtful 
 signification ; depending upon context or connection for its meaning. 
 
 £qnus, sequum, I. In old English law. Equal; just; fair. J^quum 
 et bonum est lex legum: what is equitable and good is the law of 
 laws. Jlquior ast dispositio legis quam hominis: the disposition 
 of the law is more equitable than that of man. 
 
 JErarinm, I. In the Roman law. The treasury. 
 
 Ms, I In the civil law. Money (literally, brass) ; any metallic money. 
 Ms alienum : a debt ; that which is due to another, ^s snnm : a 
 debt ; that which is due from another. 
 
 ^snacia, sesnetia, I. I. In old English law. The right or privilege of 
 the eldest born ; the privilege of the eldest daughter to draw first in 
 the partition of lands by lot ; esnecy. 
 I JEstimare, I. In the civil law. To estimate ; to value ; to appraisa 
 
^STIMATIO — AFFID ARE. 3 1 
 
 Xstimatio, I. In civil and old English law. Valuation ; rating, con- 
 sideration. uEstiraatio capitis: the value of the head ; a fine im- 
 posed for murder, varying in amount with the rank of the person 
 killed. JEstimatio prseteriti delicti ex postremo facto nniiqnam 
 erescit: the rating of a past offense is never aggravated by a subse- 
 quent act or fact v. Ex post facto. 
 
 .Etas, L In old English law. Age ; full age. v. Infra cetatem. 
 In the civil laic. Age ; life ; the life of a person of which there were 
 several stages. jEtas infantiee proxima: the age next to infancy ; the 
 age extending from seven years to ten and a half. .Etas legitima: 
 lawful age ; the age of twenty-five, ^tas perfecta: complete age ; 
 full age ; the age of twenty -five. jEtas prima: the first age ; in- 
 fancy. jEtas pnbertati proxima: the age next to puberty ; the age 
 extending from ten years and a half to fourteen. 
 
 JEtate pi'obanda. v. De, etc. 
 
 JIne, awe, age, Z. /r. Water. Jiues, awes: waters, y. Ewe. 
 
 Affaire, afi'oire, I. fr. To do, to make ; to be done, made, had or taken. 
 
 Affectare, I. In old English law. To desire. 
 
 Afifectio, I. In old English lau: Intention ; diposition. Affectio tna 
 noinen imponit operi tuo: your disposition gives name to your work 
 or act V. Actus; Affectus. 
 
 Affectns, I. In civil and old English law. Intention ; disposition. Af- 
 fectus pnnitur licet non sequatur elfectus: the intention is pun- 
 ished though the consequences do not follow. Affectns tuns iiomen 
 imponit operi tno: v. Affectio. 
 
 Affeer, affere. In old English law. In practice, to tax or assess ; to 
 liquidate or reduce to a precise sum ; to moderate, mitigate or regu- 
 late. A term applied to the regulation of amercements. 
 
 Affeerement, alferement, affearment. In old English law. The as- 
 sessment liquidation or mitigation of an amercement 
 
 Affeerors, alferatores, I. I. In old English law. Persons appointed in 
 courts leet to afeer, i. e., to assess and moderate amercements. 
 
 Aiferare, aflforare, affurare, /. I. In old English law. To affeer, or 
 affere. v. Affeer. Afferatus, afforatns: affeered or assessed. 
 
 Afferaimt, aiferont, I. fr. Proportion. ^ 
 
 Alferer, alfeiirer, aiforer, I. fr. To tax, assess, regula))» ; to affeer. 
 
 Affermer, I. fr. To let to farm. To confirm or establish ; to make sure. 
 V. Affirmer. 
 
 Afliance, fr. and eng. The plighting of troth or faith, upon an agree- 
 ment to marry. 
 
 AfHant. One who makes an affidavit v. Deponent. 
 
 Ailidare, I. I. In old practice, to pledge by oath ; to swear to, or make 
 oath. V. Affidavit. 
 In feudal law. To give or swear fealty to the lord. 
 In the canon law. To plight one's faith as upon an agreement to 
 marry ; to betroth. \ 
 
32 AFFIDATIO — AFFIRMATION. 
 
 Afiidatio, I. I. In canon and feudal law. A plighting or pledging of 
 faith; an affiance. Affidatio domlnoram: an oath taken by the 
 lords in parliament. 
 
 Affldatus, I. I. In feudal law. One who has given or sworn fealty ; a 
 tenant by fealty. Allidata: a woman affianced. 
 
 Affidavit, Z. I. A declaration or statement in writing sworn to or af- 
 firmed before some officer having authority to administer an oath or 
 affirmation. The oath or affirmation is essential, but signing has 
 been held unnecessary, though required as matter of common prac- 
 tica It is distinguished from a deposition in being ex parte, v. Dep- 
 osition. 
 
 Afflert, aflert, aflfert, /r. It belongs; it behooves. Afferent: they be- 
 long. V. Afiert. 
 
 Affile. In old law. To put on file. Now shortened to fila v. File. 
 
 Affiliation. The assignment of a child to a parent by legal authority; 
 the process of determining a man to be the father of a bastard 
 child and charging him with the support of it. 
 
 Affiner, I. fr. To put an end to. 
 
 Afflnes, adfines, I. In the civil law. Relations or connections by mar- 
 riage; related by marriage; neighbora who own or occupy adja- 
 cent lands. 
 
 Affinis, I. In the civil law. Adjacent or boi-dering ; near; related by 
 marriage. Affinis mei affinis non est mihi affinis: one who is re- 
 lated by marriage to a person related to me by marriage has no 
 affinity to me. 
 
 Affinitas, I. In the civil law. Relation by marriage ; affinity, v. Affinity. 
 
 Affinity, Relation by marriage ; the relationship by marriage between 
 the husband or the wife and the blood relations of the other ; in a 
 larger sense, kinship or consanguinity. 
 
 Afflns, I. fr. Kindred by marriaga 
 
 Affirm. To ratify or conflrm a law or judgment; now more particu- 
 larly to confirm a judgment or decree on appeal ; to ratify or con- 
 firm a former act ; to assert or declare solemnly in place of making 
 oaths ; to aver or state a thing in pleading. 
 
 Afflriuance. The confirming or ratifying of a law or judgment ; now 
 more particularly the confirmation of a judgment or decree on ap- 
 peal ; the confirmation or adoption of an act, e. g. the confirma- 
 tion by a person of full age of an act done during minority. 
 
 Affirmant. One who affirms instead of making oath. 
 
 Afflrmare, I. In old English law. To make firm ; to ratify or confirm ; 
 \to farm out ; to aver or state in pleading. Affirmatus: farmed out 
 Afflrmanti, non neganti, incumbit probatio: the proof lies upon 
 the one affirming, not the one denying, 
 in Scots law. To open or " fence '' a court 
 
 Affirmation. A solemn declaration having the force of a declaration 
 made under oath ; testimony given without oatli. 
 
AFFIRMATIVE — AFOEESTARE. 33 
 
 AfflrmatiTe. That which affirms ; opposed to that which denies. Afflrm- 
 atlve pregnant: an affirmative averment implying a negative in 
 favor of the adverse party. Afflrmative statute: a statute in affirm- 
 ative language ; a statute directing that some act be done, or declar- 
 ing what shall be done. 
 
 AfHrronr, /. fr. An affeeror. v. Affeeror. 
 
 Ailixus, adfixns, I. In the civil law. Affixed ; fixed or fastened to. 
 
 Afforce, aforce. In old English law. To apply or exercise force ; to 
 use compulsory measures ; to increase or add to. Afforcing the as- 
 sise: the producing of a verdict by adding jurors until twelve were 
 found to agree, v. Afforcyiare. 
 
 Afforcer, aforcer, I. fr. To strengthen ; to increase or add to ; to en- 
 force or compel. 
 
 Afforciamentnm, aforciamentum, 1. 1. In old English law. A fortress 
 or sti'onghold ; the calling of a court upon a solemn or extraordi- 
 nary occasion, v. Aforciamentum. 
 
 Afforciare, affortlare, I. I. To make strong ; to use or apply strength 
 or force ; to increase, to add to. Affortietur assisa: the assise shall 
 be aflEorced. 
 
 Afforer, I. fr. To estimate, assess or tax. 
 
 Afforestare, h, Afforest. In old English law. To convert into forest 
 
 Affranchir, L fr. To affranchise ; to set free. 
 
 Affray. An unpremeditated fight in a public place between two or 
 more persons, to the terror of others, with a stroke given or offered, 
 or a weapon drawn. 
 
 Affrectamentum, afli'etainentum, 1.1. In old English law. A freight- 
 ment, or an affreightment 
 
 Affrectatns, I. I. Freighted. 
 
 Affreightment, The freighting or affreighting of a ship ; the hiring 
 and letting to hire of a ship for the carriage of goods on a certain 
 voyage for a stipulated. compensation. 
 
 Affretement, fr. In French law. The hiring of a vessel; affreight- 
 ment Affreter: to hire a vessel; to affreight. Affretenr: the 
 hirer of a vessel ; the affreighter. 
 
 Affri, afri, affra, I. I. In old English law. Plough cattle, bullocks or 
 plough horses. Affri, or afri carucae: beasts of the plough ; draught 
 cattle. Affri carectse: beasts of the cart 
 
 Affnrare, I. I. In old English law. To affeer. 
 
 Aflert, I. I Belongs ; goes to. Afierent: belong. 
 
 Aforciamentum, I, I In old English law. An afforcement ; a strength- 
 ening or adding to ; increase. Aforciamentum plegiorum: aforce- 
 ment of pledges. Aforciamentum distrlctionis: aforcement of a 
 distress. 
 
 Aforesaid. Before said, mentioned or recited. In general, it refers to 
 the last antecedent 
 
 Aforestare, I. I. In old English law. To afforest v. Afforestare. 
 3 
 
.34: AFORETHOUGHT — AGENT, 
 
 Aforethought. Premeditated, v. Malice. 
 
 After. Subsequent ; exclusive of ; subject to. It does not necessarily 
 refer to time, but may refer to order in point of right or enjoyment 
 After-acqnired : acquired after some event or proceeding, as prop- 
 erty acquired after an adjudication in bankruptcy or insolvency, or 
 after the making of a will. After-horn : born after some event, 
 etc., as, after the making of a will. After-discovered : discovered 
 after some event, etc., as evidence discovered after a trial 
 
 After-math, after-month. The second crop of grass ; the right to such 
 crop. 
 
 Agait, agayte, I fr. Waiting ; in wait Gist en agait : he lies in wait 
 
 Agard, I. fr. An award. Agarda : to award ; to adjudge ; to condemn 
 or sentence ; the formal word in giving judgment Agardomns : 
 we award. 
 
 Age, awe, aive, I fr. Water. 
 
 Age. The period of life at which persons become legally competent to 
 do certain acts or perform certain functions which for want of age 
 they are before incompetent to do or perform ; the period is vari- 
 ously fixed by statute in difEerent jurisdictions. 
 
 Age-prier, I. fr., Age-prayer. In old English law. A prayer for in- 
 dulgence on account of want of age ; a suggestion of non-age in an 
 action to which an infant is a party with a request for a stay of pro- 
 ceedings until he comes of age. 
 
 Agency. The relation or ofiSce of an agent ; the administration or man- 
 agement of the business of another person in his behalf and upon 
 his authority, v. Agent. 
 
 Agenfrida, I. I In the Saxon law. The real master or owner of a 
 thing ; the real possessor. 
 
 Agentaine, awenhine, awnhine, aTrnhin, sass. In the Saxon law. An 
 inmate; one belonging to the family or household; a guest for 
 whom, by reason of the length of his stay (a stay to the third night), 
 the host is answerable for his conduct as for that of a servant 
 Sometimes written hogenhine, hogenehyne and homehyne. 
 
 Agens, 1. One who does an act ; an actor or doer. Agentes et consen- 
 tientes pari poena plectentnr: those who do an act, and those who 
 consent to it shall suffer the same punishment 
 In civil and old English law. One who brings an action ; a plaint- 
 iff. Agent! ex contractu non potest opponi questio domiuii: one 
 who sues on a contract cannot be met with a question of owner- 
 ship. 
 
 Agent. One who acts upon employment in the name and place of an- 
 other who is called the principaL An agent may be a special agent, 
 an agent tV e., for the doing of a special act or acting in a special 
 case ; or a general agent, an agent i. e., to transact all business of a 
 particular kind ; or a universal agent an agent «'■ e., to do all acts 
 which the principal might and may lawfully empower another to 
 
AGENT — AGIST ATOR. 35 
 
 / 
 do. Agent and patient: doer and receiver ; a person who is at once 
 
 the doer of a thing and he to whom it is done. 
 
 Ager, I In the civil law. A field ; a piece of land or place in the coun- 
 try, with no building upon it, corresponding with area in a city ; 
 land generally. 
 
 Ager, I. I, In old English law. An acre. 
 
 Agere, I In the civil law. To act; to da To act at law, or by or 
 through the law; to deal with one at law; to bring an action. 
 Agere potest: he can sue. Agere non potest: he cannot sue. Agere 
 injnriam: to sue for damages. Agitnr: suit is brought, or may be 
 brought 
 
 Aggravation. A making worse; a making more injurious or more 
 enormous ; in pleading, matter alleged to increase the damages. 
 
 Aggregate. Composed of several ; consisting of many persons united 
 together, v. Corporation. 
 
 Aggregatio mentium, I. The meeting of minds. Applied to the com- 
 ing together of the minds of the parties which marks the completion 
 of a contract 
 
 Agild, sax. In the Saxon law. Free from penalty ; not subject to the 
 customary fine or compensation for an offense; the payment of 
 gild ovweregild. v. Oild; Weregild. 
 
 Agiler, sax. An observer ; an informer. 
 
 Agillarius, I I In old English law. A hay-ward; a herd-ward or 
 keeper of the herd in a common field. 
 
 Agio, ital. A term used in commerce to express the difference in value 
 between coin and other currency. 
 
 Agiser, I. fr. To lie. Agisant: lying. 
 
 Agist. To put, place, or lay to or near ; to adjust ; to apportion ; to as- 
 sign, fix or apportion the number of cattle entitled to feed on cer- 
 tain ground ; to adjust, apportion or assess a tax ; in modern law, 
 to take in cattle to feed or pasture for certain compensation. 
 In ancient law. To take in and fled the cattle of strangers in the 
 king's forest, and to collect the money due therefor for the king's 
 usa 
 
 Agistamentnm, 1. 1. In old English law. An agistment, apportionment, 
 or feeding of cattle, especially in the king's forests ; a duty or tax 
 for repairing banks, dykes or sea-walls, levied upon the owners of 
 lands benefited. 
 
 Agistare, 1 1 In old English law. To adjust, assign, apportion, assess ; 
 to assign or apportion cattle to a feeding ground ; to adjust or assess 
 a tax ; to use for the purposes of feeding cattle ; to feed or pasture 
 cattle ; to feed other animals ; to agist 
 
 Agistatio, 1. 1 In old English law. The assessing of a duty upon lands 
 for the repairing of sea-walls. 
 
 Agistator, I I In old English law. An oflBcer of the forest who took 
 account of the cattle there agisted; an agister; sometimes called 
 
36 AGISTATOK — AID. 
 
 gyst-tdker or quest-taker; a collector and expounder of taxes for 
 keeping sea-walls ia repair. 
 
 Agister, agistor. A bailee of cattle in agistment; one who takes cattle 
 to pasture for certain compensatioa 
 
 Agistment. The taking in of cattle to pasture for certain compensa- 
 tion. 
 
 Agium, hi. A termination in the composition of Latin words, corre- 
 sponding to the English termination age, signifying duty or service. 
 
 Agnasci, adgnasci, I. In the civil law. To be born to one ; to have issue 
 after making a will. 
 
 Agnates, agnats. Belations upon the side of the father. 
 
 Agnates, agnati, adguati, I. In the civil law. Belations upon the side 
 of the father. These include cognati, but not e converso. 
 
 Agnatic. Derived from or through a male. 
 
 Agnatio, L In the civil lata. Relation on the side of the father ; birtb, 
 an additional birth, especially after a will. 
 
 Agniser, I fr. To acknowledge. Aguise, agnize: acknowledge. 
 
 Agnomen, I. In the Roman law. An additional name; a name as- 
 sumed or added by way of nick-name. 
 
 Agrarian. Relating to land, or the division or distribution of land. 
 
 Agrarinm, I. I. In old European law. A tax upon, or tribute payable 
 out of, land. 
 
 Agreare, I. I. In old English law. To agree. Agreavit: be agreed. 
 Agreamentnm, or aggreamentnm: agreement ; an agreement 
 
 Agree. To come together ; to unite or concur ; to assent or promise 
 mutually; thus, the proper sense implying mutuality, action by 
 and between several persons ; more loosely, to assent, to promise or 
 undertake ; to concur or acquiesce ; to approve or adopt ; to reconcile 
 or harmonize. 
 
 Agreeance. In Scots law. Agreement ; an agreement 
 
 Agreement. A coming together in opinion or determination ; a union 
 of minds ; a mutual assent as to a thing done or to be done ; thus, 
 the proper sense implying mutuality, action by and between sev- 
 ei'al persons; more loosely, assent, promise or undertaking; a mat- 
 ter agreed to ; an instrument showing such agreement 
 
 Agreer, aggreer, I. fr. To agree ; to admit or allow. Agree: agreed ; 
 allowed or admitted. Agree per le court: agreed by the court 
 
 Agreer, fr. In French maritime law. To rig or equip a veeseL Agrez: 
 the Hgging or tackle of a vessel. 
 
 Agri, I. Lands. Agri ab nniversis per vices occnpantnr; arva per 
 ennos nntant: fields are occupied by all in turn; arable lauds 
 change yearly. 
 
 Alierdant, I fr. Adhering. 
 
 Aliteid. In Saxon law. One bound by oath ; oath-tied. 
 
 Aid. To help or assist ; to remedy or cure, e. g., a defect in pleading by 
 aie subsequent pleading or by verdict 
 
AID — AIT. 37 
 
 Aid. A subsidy granted to the king ; assistance in defending an action ; 
 assistance in the commission of a crime. 
 In feudal law. Aid, ayde: a service or payment from a vassal to his 
 lord, on certain occasions, mainly three : to ransom the lord's peis 
 son; to make his eldest son a knight (jpwr /aire I'eignefiz chivalier); 
 to marry his eldest daughter (pur I'eignefile marier). 
 
 Aid-prayer, ayd-pryer. In old law. A proceeding by which a defend- 
 ant in a real action, the holder of a limited interest in the land in suit, 
 sought the aid of his lord or reversioner in defending. 
 
 Aide, I. fr. In old English law. Feudal tribute to a lord. v. Aid. 
 In old French law. An excise duty payable to the crown. 
 
 Aider, aidre, I. fr. To aid ; to help. 
 
 Aider. In criminal law, one who aids in the commission of a crime; an 
 accessory at or before the fact v. Abet; Abettor. 
 
 Aider by verdict. The effect of a verdict to cure an error or omission 
 in pleading where no objection is taken before verdict. It is pre- 
 sumed that the facts without which the verdict could not have been 
 found were proved, though not distinctly alleged, there being an 
 averment sufiSciently general in reasonable intendment to compre- 
 hend them. 
 
 Aiding and abetting, v. Abettor; Aider. 
 
 Aie, I. fr. I have. Ait: he has. Aiet: he shall have. 
 
 Aiel, aile, ayel, ayle, fr. A writ which lay formerly at suit of the heir 
 to recover lands on the seisin of his grandfather, where a stranger 
 entered on the day of the grandfather's death. 
 
 Ailonrs, ailors, aylours, /. fr. Elsewhere ; otherwise ; besides. 
 
 Ainesse, fr. In French feudal law. The right of the eldest born ; 
 esnecy. 
 
 Ainneesche, Z. /n Eldership; birthright. 
 
 Ainsi, I. fr. Thus; so; even so. Aiiisi come: even as it were. Ainsi 
 soit il: so be it. 
 
 Aio, I. In Roman law. I say, the initial word of the formula in which 
 the plaintiff stated his cause of action. Aio te inilii dare oporteree 
 I say that you ought to give me, etc. 
 
 Aire. In Scots law. The court of justices itinerant It corresponds 
 with the English eyre. Heir. 
 
 Airer, Hirer, Z. /r. To plough. Aireau: a plough. 
 
 Airt and pairt. In old Scots law. Accessory ; contriver and partner. 
 
 Aisimentum, I. l, Aisement, I. fr. In old English law. An easement 
 or privilege, v. Easement. 
 
 Aisne, eigne, i. /r. In old English law. Eldest; first-born. Aisnefltzc 
 eldest son. Aisne file: eldest daughter. Ainznez: eldest Ais- 
 neesse, aisneese, ainueesclie: the right or privilege of the eldest, or 
 first-born. v. Ainesse. 
 
 Ait, I. fr. He has. Aiet: he shall hava Ajant, ayant: having, .ijants, 
 aienz: having. 
 
38 AJOURNER^ALDEEMANNUa 
 
 Ajonrner, fr. In old French law. To summon ; to adjourn. 
 
 Akiu, a-kin. In old English law. Of kin. 
 
 Ajnger, fr. To adjudge ; to award. Ajuge: adjudged. 
 
 Al, I. fr. At the ; to the ; with. Al aid de Dieu: with the aid of God. 
 Al armes: with arms. Al barre: at the bar. Al comon ley arant, 
 etc. : at the common law before, etc. Al contrary: to the con- 
 trary ; of a contrary opinion. Al huis d'esglise: at the door of the 
 church. 
 
 Ala, alast, alant, I. fr. v. Aler. 
 
 Alba, I. I. An alb ; a white vestment worn by priests. 
 
 Alba ilrma, 1. 1 In old English law. White rent ; money rent ; rent 
 payable in silver as distinguished from rent payable in com or pro- 
 visions, called redditiis nigre, or black rent 
 
 Albanagium, I. I In old French law. The state or condition of an 
 alien or foreigner ; alienage ; albanage. 
 
 Albanus, albinus, II In old French law. ■ A stranger ; an alien, or 
 foreigner. 
 
 Albatores, 1. 1. In old English law. Whiteners. Albatores coriorum: 
 whiteners of skins or leather. 
 
 Albiuatus, I. I. In old French law. The state or condition of an alien. 
 Albinatus jus, albanagii jus: a former right of the French king 
 upon the death of an alien to all of his property unless he had a pe- 
 culiar exemption. 
 
 Album, I. In the Roman law. A whitened tablet on which the praetors' 
 edicts were written and so made public | a list or register of the 
 names of senators, judges and deourions. 
 
 A.lbum, albng, Z. In old English law. White ; blank ; not written on. 
 Album breve: a blank writ; a writ in which there is a blank, 
 or an omission ; blank ; plain or smooth ; without mark. Album 
 argentum: plain silver; silver without mark or stamp; uncoined 
 silver. 
 
 Alcalde, sp. In Spanish law. A magistrate or judga 
 
 Alcons, alcunz, I fr. Any one. 
 
 Alderman. A member of the common council of a city or incorporated 
 town, elected by and representing the inhabitants of a particular 
 ward, and having the authority of a civil magistrate, and sometimes 
 of a judge, v. Aldermannus. 
 
 Aldermannus, I. I. In old English law. An alderman. Aldermannus 
 civitatis vel burgi: alderman of a city or borough ; the original of 
 the modern office. Aldermannus comitatus: alderman of the 
 county ; an officer of high distinction among the Saxons, supposed 
 to have been the same as the earl or schireman. Aldermannus 
 hnndredi seu wapentacliii: alderman of a hundred or wapentake 
 Aldermannus regis: the king's alderman ; a high judicial officer of 
 the Anglo-Saxons, supposed not to have had permanent authority, 
 but to have acted uilder an occasional commission for particular dis- 
 
ALDERMANNUS— ALIBL 39 
 
 tricte. Aldermanuus totins Ang^lia): alderman of all England ; an 
 Anglo-Saxon officer supposed to be the same as the chief justiciary 
 of later times. 
 
 Aldermanria, 1 1 Aldermanry ; aldermanship ; the office of an alder- 
 man. 
 
 Aldius, I. I. In old European law. A freedman. Aldia : a female born 
 of a free mother. Aldiones : sons or children of a freedman. 
 
 Ale, I. fr. Gona 
 
 Ale Conner. An ale taster ; an officer anciently appointed in court-leet 
 to examine and assay beer and ale, and see that the sale was at the 
 proper prices. i 
 
 Alea, I In the civil law. A game of chance. 
 
 Aleator, I. In the civil law. A gamester. 
 
 Aleatory. Hazardous ; uncertain. Aleatory contract : a contract the 
 performance of which on either side depends on an uncertain 
 event 
 
 Aleger, I. fr. To relieve; to redress; to ease. Alegge: relieved, re- 
 dressed, eased. 
 
 Alepiman. A slave. 
 
 Aler, aller, L fr. To go. Ale : gone. Alera : he shall ga Ala, alast : 
 goes; went; gone. Ala son voy: went his way. Alant: going. 
 Aler or Aller a Dieu : to go to God ; in old practice, to be dis- 
 missed from court; to go quit. Aler sans jonr: to go without 
 day ; in old practice, to be finally dismissed or discharged. Ales 
 a dieu sans jour : go quit without day. Alez a Dieu tanqnes 
 al quart jour : go quit until the fourth day. Aller a large : to go 
 at large. 
 
 Alen, fr. In French feudal law. An allodial, as distinguished from a 
 feudal estate or benefice. 
 
 Alfet. The cauldron containing the water in which, in the ordeal by 
 boiling water, the accused dipped his arm. 
 
 Alia enormia, I. I. Other wrongs ; the emphatic words of the conclu- 
 sion, "et alia enormia ei intulit," etc., of the declaration in trespass, 
 adding thus a general statement of injuries to the specific averment 
 already made. v. Enormia, Alia tentanda via: another way must 
 be tried. 
 
 Aliance, aliaunce, alienee, alliance, I fr. Confederacy ; allegation ; 
 allegiance. 
 
 Alias, I. Otherwise ; at another time ; on another occasion ; formerly ; 
 before. A word in the Latin forms of English writs referring to a 
 writ issued before in the same causa v. Prcecipimus, etc. ; Sicut. 
 Alias dictus: otherwise called ; a term used to denote a further de- 
 scription of a person. 
 
 Alibi, I. Elsewhere. A defense to a charge of crime showing that the 
 accused was in another place when the oSense was committed. 
 Alibi natus: born m another place, 
 
4a AUCUI — ALIENUa 
 
 Alicni rei impedimentum offerc, I To oppose an impediment to an- 
 other's business. 
 
 Alien, aliene, alienate. To transfer or convey. In general, applied to 
 the transfer of lands and tenements. 
 
 Alien. A person born in a foreign country, and not naturalized. In 
 English law, a peiSon born out of the allegiance of the king ; in 
 American law, a person born out of the jurisdiction of the United 
 States. Alien enemy: an alien, subject or citizen of some hostile 
 power or state, v. Alienigena. 
 
 Alien amy, I. fr. Alien friend ; in international law, an alien, subject 
 or citizen of a friendly power or state 
 
 Alienage. The state or condition of an alien. 
 
 Alienare, I. In civil, feudal and old English law. To alien, or alienate ; 
 to make another's ; to transfer to another. In the civil law, the term 
 implied delivery of possession. In the common law it is confined to 
 the transfer of real property. 
 
 Alienatio, l, Alienation. The transfer of ownership; conveyance. 
 Especially applied to the transfer of real property. Alienatio licet 
 protaibeatur, consensu tamen omninm in qaornm favorem pro- 
 hibita est, potest fieri: though alienation is forbidden, yet it may be 
 made with the consent of all those for whose benefit it is forbidden. 
 Alienatio rei prsefertiir juri accrescendi: alienation of a thing i3 
 preferred to the right of survivorship ; i. e., the law favors convey" 
 ance by the owner rather than descent or accumulation. 
 In the civil and feudal law. Alienatio: the transfer of ownership 
 of a thing or right; alienation ; an implied transfer by prescription 
 or usucapion, v. Abalienatio. 
 
 Alienee, aliaunce, I. fr. Confederacy ; combination. 
 
 Alienee, I. fr. and eng. A purchaser. 
 
 Aliener, I. fr. To alien ; to convey or sell. 
 
 Alieai appetens, sui profusns, I. Greedy of others' property, wasting 
 his own. Alien! generis: of another kind. Alienl juris: under 
 the control of another, e. g., a parent or a guardian ; opposed to 
 sui juris. Alieni solo: on another's soil. 
 
 Alienigena, I. In old English law. One born abroad ; an alien born ; 
 an alien. Alienigena est alienee gentis, sen alienae ligentise, qui 
 etiam dicitur peregrinus, alienus, exoticus, extraneus: an alien 
 born is one of another nation or allegiance, who is also called a for- 
 eigner, an alien, one from without or abroad, a stranger, v. Alien. 
 
 Alienism. The state, condition or character of an alien. 
 
 Aliennee, alien-nee, 1. fr. An alien born ; a plea of alienage. 
 
 Alienus, I. In civil and old English law. Another's ; belonging to an- 
 other ; the property of another. Of another ; done by another ; the 
 act of another. Of another country ; an alien. Alienus homo: an- 
 other's man or slave. Aliena res: another's property, v. Alien; 
 Alienigena; Nemopunitur, etc.; Sic utere tuo, etc. 
 
ALIMENT — A1.LEGARR 4,1 
 
 Aliment. In Scots law. To support or maintain ; support or mainte- 
 nance ; a fund of maintenance. 
 
 Alimenta, I. In the civil law. Aliments ; means of support ; as food, 
 clothing, habitation. 
 
 Alimony. Nourishment; support or maintenance; an allowance to a 
 wife out of the husband's estate during or at the termination of a 
 matrimonial suit for her support, present or future, — called alimony 
 pendente lite, or temporary alimony, and permanent alimony. 
 
 Alio intuitu, I. In a different view ; with another purpose. 
 
 Aliqiialiter, I. I In any way. 
 
 Aliquid, I. Somewhat ; something. Aliquid conceditur ne injuria 
 remaaeat impuuita, quod alias non concederetur: something is 
 conceded which otherwise would not be, lest an injury should go 
 unredressed. Aliquid possessionis, et nihil juris: somewhat of 
 possession and nothing of right. '^ 
 
 Aliqnis, /. One ; any one. Aliqnis non debet esse judex in propria 
 causa, quia non potest esse judex et pars: one ought not to be a 
 judge in his own cause, because he cannot be both a judge and a 
 party. 
 
 Aliter, I Otherwise ; otherwise decided. Aliter tcI in alio mode: 
 otherwise or in another way. 
 
 Aliud, /. Another ; another thing. Aliud est celare, alind tacere: to 
 conceal is one thing ; to be silent is another thing. Aliud est dis- 
 tinctio, alind separatio: distinction is one thing; separation is 
 another. Aliud est possidere, aliud esse in possessione: to possess 
 is one thing; to be in possession is another thing. Aliud est veu- 
 dere, aliud vendenti cousentire: to sell is one thing; to consent to 
 a sale is another thing. Aliud examen: a different or foreign mode 
 of trial. 
 
 Aliunde, I. From another place ; from another sourca 
 
 All. The whole quantity, amount, number, extent, duration, quality or 
 degree of ; the whole. The word is to be in one sense or another ac- 
 cording to the context and the requirements of sound reason. All- 
 faults: a phrase, with all faults, sometimes employed in contracts 
 of sale to excuse the seller in case of defects in the thing sold. All- 
 fours: entirely alike ; applied to a case which is exactly like the 
 case in support of which it is cited, when it is said to go upon all- 
 fours with it 
 
 Allegare, I. To allege or state ; to bring forward or set up, as a claim 
 or defense. Allegans: alleging. AUegans eontraria non est au- 
 diendus: one alleging contrary or contradictory tilings is not to be 
 heard. AUegans suam turpitudinem non est audiendus: one 
 wlio alleges his own infamy is not to be heard. Allegari non deb- 
 uit quod probatum non relevat: that ought not to be alleged 
 which if not proved is not relevant Allegatam, allegata: al- 
 leged. Allegata et probata: things alleged and/things proved. 
 
42 ALLEGATION — allodium: 
 
 Allegation. A statement of a fact ; the assertion of a fact by a party 
 to a cause by way of pleading ; a species of pleading, used in pro- 
 pounding or contesting a will, claiming an interest in the effects of 
 the intestate. Allegation of faculties: the statement by a wife of 
 the property of the husband upon a claim of alimony, v. Diminu- 
 tion. ' 
 
 AUegatio contra factum non est admittenda, Z. An allegation con- 
 tradicting the deed (or the fact) should not be admitted. AUegatio 
 contra interpretationem Terl)orum: an allegation against the 
 meaning of the words. . 
 
 Allegiance, ligeance. The tie which binds a citizen to fidelity and 
 obedience to the sovereign, govei-nment or country in return for the 
 protection which the sovereign, etc., affords him. Acquired alle- 
 giance: the allegiance of a citizen who was born an alien but has 
 been naturalized. Local allegiance: the allegiance due from a res- 
 ident alien. Natural allegiance: the allegiance that results from 
 birth within the country of the sovereign. At common law, though ' 
 otherwise in the civil law, natural allegiance could not be renounced ; 
 but it is now otherwise by statute both in England and the United 
 States. 
 
 Allegiance, alleggeance, Ifr. Alleviation; relief; redress. 
 
 AUegiare, I. I. In the Saxon law. To clear one's self according to law ; 
 to exculpate one's self by oath ; to wage one's law. v. Lay gager; 
 Wager of law. 
 
 Aller, aler, I. fr. To go. v. Aler. 
 
 Allen, aleu, allien, alien, /r. In French law. An allodial estate. 
 
 Alleviare, I. 1. To levy or pay an accustomed fine or composition ; to 
 redeem by such payment 
 
 Alliance, aliance, alienee, I. fr. Confederacy ; allegation ; allegiance. 
 
 Allison. A striking against ; the running of one vessel into another, — 
 distinguished sometimes from collision, the running of two vessfels 
 into each other. 
 
 Allocare, 1 1. To allow. Allocatur or alloc: it is allowed ; a term 
 used formerly to express the allowance of a thing or proceeding 
 by a court, judge or judicial officer, or the concession of a point 
 by the court on argument, and now applied in England to the cer- 
 tificate of a master on taxation of costs. Allocatur exigent: v. Eoci- 
 
 AUocatio, l, Allocation. An allowance upon an account in the ex- 
 chequer. 
 
 AUocatione facienda, Z. v. De allocatione, etc. 
 
 AUocato comitatu, I. v. Exigent. 
 
 Allodial. Free or independent ; not held of a superior ; the opposite of 
 feudal. 
 
 Allodium, alodium, alodnm, alode, i. t Infeudallaw. Absolute own- 
 ership; an estate held in absolute dominion, and hence without 
 
ALLODIUM -ALT. 43 
 
 rent, fealty or service to a superior. Tiie opposite of feudum, which 
 implies tenure or service. Allodium est proprietas quae a nuUo 
 recognoscitur: allodium is that property which is acknowledged by 
 no person, v. Feudum. 
 
 AUoigner, alli^uer, alloyner, alyener, I. fr. To remove to a distance ; 
 to put off or delay ; to eloign. 
 
 Allonge, fr. In French law. A piece of paper annexed to a bill or note 
 in which to write further indorsements, no room remaining on the 
 instrument itself. 
 
 AUower, I. fr. To let ; to hire. 
 
 Alloynour, alleynour, I. fr. One who conceals, steals or privately car- 
 ries ofE a thing. 
 
 Aliner, I. fr. In old English law. To allow. 
 
 Allot. To set apart as a share ; to apportion. 
 
 Allotment. The act of allotting, v. Allot. Allotment note: an assign- 
 ment by a seaman of a part of his wages to a near relative. 
 
 AUutIo, I. In the civil law. A gi-adual, imperceptible deposit of soil 
 upon the shore of a stream, which upon the principle of accession 
 becomes the property of the riparian proprietor. Allurio marls: a 
 like deposit upon the shore of the sea. 
 
 AUnvion. The gradual, imperceptible deposit of soil upon the shore of 
 a stream or the sea so as in time to form land, which upon the pri|i- 
 ciple of accession becomes the property of the riparian proprietor or 
 the littoral owner, v. Alluvio. 
 
 Aim, alme, I fr. SouL 
 
 Almes -feoh, saa;. In the Saxon law. Alms-fee; alms-money. Other- 
 wise, Peter's pence. 
 
 Almoign, almoigne, almoin, I. fr. Alms. 
 
 Alnage, aulnage. In old English law. Ell measure; the measuring 
 with an ell ; a duty for measuring and sealing cloth. 
 
 Alnager, aulnager, alneger. In old English law. A measure by the 
 ell ; a sworn public officer whose duty it was to look to the assize of 
 woolen cloths, seal them and collect the duty or alnage therefor. 
 
 Aloarius, alodiarius, alodarius, I. I In old European law. The 
 holder of an allodium or free estate. 
 
 Alode, alodes, alodis, I. I. v. Allodium. 
 
 Alodiarius, alodarius, I. I. v. Aloarius. 
 
 Alodnm, I. I. In feudal law. One's own ; one's property. 
 
 Alors, I fr. There ; in that place ; then ; at that tima 
 
 Alquons, I. fr. Any one, 
 
 Als, I. Others ; a contraction of alios or alias. 
 
 Alt, I. fr. High. 
 
 Alt In Scots law. The opposite party ; the defender ; an abbreviation 
 of alter, the other. 
 
 Alt al ewe, I. fr. Let him go to the water (ordeal). 
 
4A ALTA — AMBIGUITA& 
 
 Alta, altus, altnm, 1. 1. In old English law. High ; deep. Alta proditio: 
 high treason. Alta via: a highway; the highway; — regia: the 
 king's highway. Alto et basso: high and low. v. De alto, etc. 
 Altum mare: the high sea or seas. v. High seas. 
 
 Altarage. Offerings upon the altar ; the priest's profits ; contributions ; 
 tithes. 
 
 Alter, I. Another ; a different person or party ; an opposite party ; a 
 third person. 
 
 Alteration. A making different ; variation, or change. An act done 
 upon a wi-itten instrument, whether by addition or by erasure, by 
 which its meaning or its language is changed, — at present an act 
 by the person entitled under the instrument 
 
 Alterfoits, I. I. At another time ; formerly. 
 
 Alternatim, 1, I Interchangeably. 
 
 Alternativa petitio non est andienda, I. An alternative petition or 
 prayer is not to be heard. 
 
 Alternatire. A choice of one or another of two things; that which 
 requires one or the other of two things to be done, e. g., an alter- 
 native writ of mandamus. 
 
 Alternis visibus, I. I. Alternately ; at alternate times ; by turn. 
 
 Alteram non lajdere, I. Not to injure another. 
 
 Alterater, I. I. One of the two ; each. Alternter et qnilibet: each 
 and every. 
 
 Although. V. Licet. 
 
 Altus tolendi, I. In the civil law. A servitude which consists in the 
 right of the owner of a house to buiid it to any height. Altns non 
 tolendi: a servitude which restrains him from building above a cer- 
 tain height. 
 
 Altre, I. fr. Another; other. Altrei: another; another's. Altres: 
 others, v. Et sil eit returne altres, etc. 
 
 Altresi, I fr. Also ; in like manner. 
 
 Altum, altns, I. High; deep. Altnm mare: the high sea; the deep 
 sea. V. High sea. 
 
 Alreus, /. In the civil law. The channel or bed of a stream. Alvens 
 derelictus: a deserted or dry bed or channel of a stream. 
 
 Amalphitan table. A code of sea laws compiled about the end of the" 
 eleventh century for the republic of Amalphi. 
 
 Ambactus, I. A servant or messenger ; a person sent about from place 
 to place ; a vassal of a free proprietor among the Gauls. 
 
 Ambassador. A diplomatic agent; a person sent by one sovereign 
 power to another, with authority to treat on affairs of state. 
 
 Ambidexter, ambodexter, i: One who uses both hands with equal 
 facility. Hence one, as a sheriff or a juror, or an attorney, who 
 takes money from both sides. 
 
 Ambiguitas, l, Ambiguity. Uncertainty of meaning. Ambiguitas 
 latens: an ambiguity by i-eason of an uncertainty which arises, the 
 
AMBIGUITAS — AMBNDES. 4-6 
 
 instrument being on its face complete and intelligible, out of extrin- 
 sic or collateral matter. Ambiguitas patens: an ambiguity by rea- 
 son of an uncertainty which arises upon the face of the instrument 
 Ambiguitas patens nulla veriflcatione suppletur: a patent ambi- 
 guity is helped by no averment Ambiguitas verborum latens 
 Teriflcatione sappletnr, nam quod ex facto oritur ambignum 
 Teriflcatione facti toUitar: a latent ambiguity of words may be 
 supplied (or helped) by averment for that ambiguity which arises 
 out of a fact [an extrinsic fact] is [may be] removed by an averment 
 of the fact [as it really is], v. Ambiguus; Quoties in verbis, etc. 
 
 Ambignus, l. Ambiguous. Uncertain or doubtful, particularly in re- 
 spect to meaning. Ambigua responsio contra proferentem est 
 accipienda: an ambiguous answer is to be taken against him who 
 offers it Ambiguis casibns semper praisnmitur pro rege: in 
 doubtful cases the presumption is always in behalf of the crown. 
 Ambignum placitnm iuterpretari debet contra proferentem: an 
 ambiguous plea ought to be interpreted against the party pleading 
 it Ambiguum pactum contra venditorem interpretandum est: 
 an ambiguous contract is to be taken against the seller, v. In am- 
 bigua, etc. ; In ambiguis, etc. ; Quum in teslamento, etc ; Verba am- 
 bigua, etc. 
 
 Ambit. A boundary ; an exterior or inclosing line or limit ^ 
 
 Ambitus, I. In the Roman law. A going around ; a path worn by go- 
 ing around. A space between neighboring houses left for conven- 
 ience in going around them. The unlawful buying and selling of 
 public office. 
 
 Ambulatorins, 1.1. In civil and old English law. Movable, not fixed ; 
 ambulatory. Ambulator! a est voluntas defuncti usque ad vitas 
 snpremum exitum: the will of a deceased person is ambulatory 
 until the last moment of Ufa v. Voluntas testatoris, etc. 
 
 Ambulatory. Movable ; not fixed or stationary in place ; not fixed in 
 character. The court of King's Bench, for instance, as it was 
 formerly, was ambulatory ; the return of a sheriff is ambulatory un- 
 til it is filed ; and a will is ambulatory until the death of the tes- 
 tator. 
 
 Amenable. Tractable or manageable; responsible; subject to the ju- 
 risdiction of the court 
 
 Amend. To free from error or deficiency, v. Amendment 
 
 Amende honorable, fr. A .punishment' by disgrace or infamy or the 
 doing of some humble act 
 
 Amendment. The correction of an error in a process, pleading or pro- 
 ceeding. 
 
 Amendcr, 1. fr. To make good ; to make up for ; to amend. 
 
 Amendes, I. fr.. Amends. Compensation or satisfaction for an injury or 
 a loss. 
 
46 AMENER— AMONT. 
 
 Amener; I fr. In old English law. To lead ; to lead away ; to remove 
 or take away. 
 
 Amensnrare, 1. 1, In old English law. To admeasure, v. Admensu- 
 rare. 
 
 Amensuratio, 1. 1 In old English law. Admeasurement v. Admen- 
 suratio. 
 
 Amenuser, Ifr, To abridge; to abate; to diminish; to annihilate; to 
 fell. 
 
 Amerce, amerciare, 1 1. To impose a pecuniary punishment or pen- 
 alty ; to fina V. Amercement 
 
 Amercement, amerciament, Amerciamentnm, LI A pecuniary pun- 
 ishment or penalty imposed by a court Anciently distinguished 
 from a fine, which was a punishment arising out of express statute, 
 and imposed and assessed by the court, in being imposed only by the 
 court and that only in general terms, and assessed or affeered {i. e., 
 moderated) by the peers of the party, hence called aff eerors ; in be- 
 ing a lighter punishment ; and in being particularly a punishment - 
 imposed on officers of court . In the ancient sense now disused. 
 
 Amesna, I fr. Brought led or carried away. 
 
 Amesnable, I. fr. That may be brought, led or carried. 
 
 Amesner, amener, I fr. In old English law. To lead. Amesner son 
 boste: to lead his army ; to cite or summon ; to bring the body of 
 a party to court 
 
 Ameasurement, I. fr. In old English law. Adtneasurement 
 
 Ami, amy, I. fr., Amicus, I. A friend ; a person next of blood or kin. 
 Amicus curiae. A friend of the court ; a person who suggests some- 
 thing for the information of the court It means commonly an un- 
 interested person, as a counsellor, present suggesting something, law 
 or fact which the court may overlook ; but sometimes counsel in the 
 court; or a party, or a person not a party who has a right to intro- 
 duce evidence to protect his interest 
 
 Amicable action. An action brought pursuant to an arrangement be- 
 tween the parties to settle a doubtful matter of law. 
 
 Amittere, L I. In old English law. To lose. Amlttere curiam: to lose 
 the court ; to be deprived, of the privilege of attending the court 
 Amlttere legem terrse: to lose the law of the land. Amittere 111)- 
 eram legem: to lose one's frank-law. These last two expressions 
 were used of one who had lost the privilege of bearing witness, or of 
 sitting as a juror, or of suibg, as part of the punishment of one who 
 had become infamous through perjury or through having cried 
 craven in the trial by batteL 
 
 Amnesty. A public act or proclamation of pardon for all acts against 
 the established authority. 
 
 Among. Intermingled with. 
 
 Amont, amount, I. fr. Upward, above. 
 
AMORTIR — ANATOCISMUS. 47 
 
 Amortlr, I fr., Amortise, amortize. In old English law. To alien 
 ' lands in mortmain. 
 
 Amortizatio, 1 1, Amortisement, amortization. In old English law. 
 Alienation in mortmain. 
 
 Amotibilis, I. I. That may be amoved or removed ; amoveabl& 
 
 Amotio, I In the civil law. A moving or taking away. 
 
 Amotion. A moving or carrying away; a wrongful taking of personal 
 chattels ; a putting or turning out ; a dispossession of lands ; a re- 
 moval of an oiHoer of a corporation, — sometimes applied, but 
 improperly, to the removal of a member, that being a disfranchise- 
 ment 
 
 Amonntant, I. fr. Ascending. 
 
 Amour, I fr. Grace ; favor, v. Jour &! amour. 
 
 Amove. To remove ; to take ofE or away ; to withdraw, v. Amovere. 
 
 AmOTftas manus, I. I. That you remove the hands; the judgment 
 against the crown on a monstrans de droit, or petition de droit, that 
 possession of the lands be restored to the demandant; the writ 
 issued on such a judgment; the title of the statute 39 Edw. L 
 V. Ousterlemayn. 
 
 Amovere, I. In old English law. To remove ; to put out of oflBce ; to 
 remove a judicial proceeding. 
 In the civil law. To remove; to remove without force; to move 
 away ; to remove with felonious intent ; to steal. 
 
 Ampliare, I., Amplier, I. fr. In old English law. To enlarge ; to extend. 
 Ampliare jurisdictionem: to enlarge the jurisdiction. Ampliare 
 justitiam: to enlarge the right, v. Boni estjudicis, etc. 
 In the Roman law. To enlarge or extend time; to defer or postpone. 
 
 Ampllatio. In the Roman law. The granting of further time for the 
 trial of a cause ; the postponement of a cause ; a deferring of judg- 
 ment 
 
 Ampliation. In the civil law. A deferring of judgment for further 
 consideration. An order for a rehearing. 
 
 Amplius, L More ; more absolutely ; more completely, v. Quod semel, 
 etc. 
 In the Roman law. More ; more time. A word pronounced by the 
 prsBtor, where the judices were uncertain whether to acquit or con- 
 demn, deferring the case to a day named. 
 
 Amtrnstio. v. Antrustio. 
 
 Amy. V. Ami, 
 
 An, ane, aenne, sax, A ; one ; simple or sole. 
 
 An, ann, anne, I. fr. A year. An et jonr: year and day; a year and a 
 day. An, jonr et wast: year, day and waste. 
 
 Anbellareunquamjustum sit, I. Whether it is ever right to make 
 war. 
 
 Anarchy. The absence of government 
 
 Anatocismus, gr.-l, Anatocism. Interest upon interest; compound in- 
 terest 
 
48 ANCESSEUE — ANGARIA. 
 
 Ancessenr, l.fr.. Ancestor. One who has preceded in the seisin or pos- 
 session of real estate ; one from whom by reason of his death an es- 
 tate has passed to another by operation of law ; one from whom an 
 estate is inherited. 
 
 Ancestral. Relating to ancestors ; derived from ancestors ; for instance, 
 an ancestral estate is an estate taken by descent 
 
 Anchorage. A toll paid by ships for the use of a harbor or port. 
 
 Ancient honse. A house that has stood long enough to acquire an easer 
 mont of support against adjoining land. Ancient lights: windows 
 that have been used in their present state for twenty years or more, 
 to which, in England, the owner thus has a prescriptive right, which 
 precludes obstruction by the owner of adjacent land. Ancient read- 
 ings: lectures upon the ancient English statutes, formerly of great 
 authority. Ancient rent: rent reserved when the last lease was 
 made, or when the power was reserved. Ancient writings: deeds 
 and other documents more than thirty years old, which, if they 
 come from the possession of one who might naturally have them, 
 may be put in evidence without preliminary proof of execution. 
 In old English law. Ancient demesne: a copyhold tenure existing in 
 certain manors held by the crown at the time of Edward the Con- 
 fessor or William the Conqueror, and so appearing in Domesday 
 Book. 
 
 Ancientry. Seniority of rank. 
 
 Ancients. Members of the inns of court and chancery who are of a 
 certain standing. 
 
 Ancillary. Attendant upon ; auxiliary ; subordinate. An appointment 
 under a power is thus ancillary to the deed containing the power ; and 
 administration taken out where assets are situate is ancillary to 
 prior administration taken out in another jurisdiction in which the 
 intestate died. 
 
 Ancipitis usns, I. Of doubtful use. 
 
 And. In written instruments often construed to mean "or," as or la 
 construed to mean "and" where reason and the intention of the 
 parties so require. 
 
 Androlepsia, gr.-l. A taking of men ; a species of reprisal ; anciently a 
 taking by one nation of the subjects of another for the purpose of 
 enforcing some claim or right 
 
 Anecins, enecins, enetius, 1. 1. In old English law. The eldest or first- 
 born, v. ^Esnecy; Esnecy. 
 
 Anel, I. fr. A ring. Aneals: rings. 
 
 Anfractus, I. In the Roman law. The turn or bend of a way or 
 road. 
 
 Angaria, gr.-l. A forced service by a vessel, imposed for public pur- 
 poses ; an impressment of a vessel. 
 In the Roman law. A forced service; an impressment; a service ex- 
 acted by government for a public purposa 
 In the feudal law. An excessive service or duty exacted by a supe- 
 
ANGARIA— ANN. 49 
 
 rior ; an extraordinary service exacted by the sovereign in virtue 
 of liis prerogative. 
 
 An^ariare, L I. To compel ; to burden with exactions. 
 
 An^ild, angeld, sax. In the Saxon law. The single value of a man or 
 thing ; compensation according to such value. 
 
 Anglescheria, LI In old English law. Englisbery ; the fact of being 
 English. 
 
 Anichilee, I fr. Made void ; annulled. 
 
 Anient, aniente, anyent, anyenty, I fr. Void ; made void ; annulled ; 
 defeated; barred. 
 
 Anienter, anieutir, anyentir, ancantir, I. fr. To avoid, or annul ; to 
 destroy or take away ; to bar ; to defeat 
 
 Anientisement, L fr. Destruction ; waste : diminution. 
 
 Animal. A living being not human, having the power of voluntary mo- 
 tion ; but commonly exclusive of birds or fowls. Animals are by the 
 law divided into two classes, — fercB naturce, those that are still of a 
 wild nature ; and domitce naturae, those that have been domesticated. 
 
 Animo, L With a mind or intention. Animo caucellandi: with an in- 
 tention of canceling. Auimo et corpore: by the mind and by the 
 body; in intention and act Animo felonlco: with felonious in- 
 teiit Animo furandi: with the intention of stealing. Animo 
 liicrandi: with the intention of gaining. Aminio manendi: with 
 the intention of remaining. Animo morandi: with the intention of 
 staying. Animo republicandi: with the intention of republishing. 
 Animo revertendi: with the intention of returning. Animo revo- 
 caudi: with the intention of revoking. Animo testandi: with the 
 intention of making a will v. Considerandum est, eta 
 
 Animus, I. Mind; will; intention, or design. Animus cancellaudi: 
 the intention of canceling. Auimns capicndi: the intention of 
 taking. Animus derelinquendi: the intention of abandoning. Ani- 
 mus donandi: the intention of giving. Animns furandi: the in- 
 tention of steahng. Animus hominis est auima scripta: the inten- 
 tion of the party is the soul of the instrument Animus lucrandi: 
 the intention of gaining. Animas manendi: the intention of re- 
 maining. Animus recipiendi: the intention of receiving. Ani- 
 mus recnperandi: the intention of recovering. Animus republi- 
 candi: the intention of republishing. Animns restituendi: the 
 intention of restoring. Animns revertendi: the intention of re- 
 turning. Animas revocandi: the intention of revoking. Animas 
 testandi: intention of willing ; intention to make a will ; mind or 
 capacity to make a will. 
 
 Anis quit and clenged, ay quit and denied, sc. In Scots law. Once 
 quit and cleared, ever quit and cleared. 
 
 Ann, annat. In Scots law. Half a year's stipend, above what is owing 
 for the incumbency, due after the decease of a minister to his I'elict, 
 child or nearest of kin. 
 4 
 
50 ANNALES — ANNUS. / 
 
 Annales, I. Annuals ; a title formerly applied to the year books ; an- 
 ciently, yearling cattle. 
 
 Aunaly. In Scots law. To alien ; to convey. 
 
 Annates, annatae, I. I. In English ecclesiastical law. The first year's 
 profits of a spiritual preferment, anciently paid by the English 
 clergy to the pope, later to the crown ; first fruits. 
 
 Annexation. The joining or uniting of a chattel to the freehold. This 
 is actual, or such as in fact exists ; or constructive, or such union as 
 arises from the chattel having been held as part of the realty. 
 In Scots law. The uniting of lands to the crown, and declaring them 
 unalienable ; the appropriating of church lands to the crown ; the 
 union of lands at a distance from the kirk to the kirk to which they 
 are nearer. 
 
 Annez, anz, I. fr. Years. 
 
 Anni et tempora, 1. Years and terms. 
 
 Auni nubiles, I. In the civil law. Marriageable years ; the marriage- 
 able age of woman, the age of twelve. 
 
 Annicnlus, I. In the civil law. Of one year's age ; a child a year old. 
 
 Annona, I. In old English law. Corn or grain ; anything laid up to- 
 ward a year's subsistence. 
 In the civil law. Corn or grain ; provisions ; provision for a year's 
 subsistence. Annona;: contributions by owners of farms in the prov- 
 inceSjOf bread, meat, etc., for the use of the army. Annonse civiles: 
 Iil?e contributions by way of rent to ecclesiastical persons and others. 
 
 Annotare, adnotare, I In the civil law. To mark upon ; to designate ; to 
 designate a place of deportation ; to give notice to appear and defend. 
 
 Annotatio, adnotatio, I. In the civil law. The sign-manual of the 
 emperor ; a rescript of the emperor, signed with his own hand. 
 
 Annua nee debitum judex non separat ipsum, I. A judge [or court] 
 does not divide annuities nor debt. 
 
 Annual rent. In Scots law. Interest of money ; the profit of money 
 invested in purchase of a yearly rent of land, to evade the law 
 vphich before the reformation forbade lending at interest. 
 
 Annnation, I I. Annually. 
 
 Annnell. In old Scots law. A yearly rent, revenue or duty, paid at 
 certain times. 
 
 Annnelte, annyte, anute, I. fr., Annuity. A sum payable yearly by 
 the grantor thereof, in fee, for life or for years, and charging his 
 person only ; an action, now disused, to recover the same. 
 
 Annulus, I. In old English law. A ring ; the ring of a door. 
 In feudal and ecclesiastical law. Annulus et baculus: ring and 
 staff ; symbols used in feudal and ecclesiastical investitures. "" 
 
 Annus, I. In old English law. A year ; a period of three hundred and 
 sixty-five days. Annus et dies : a year and a day. Annus, dies et 
 vastum : year,'day and waste. Annus inceptas pro completo liab- 
 etur : a year begun is held as completed. 
 
ANNUS— ANTESTARI. 51 
 
 In Scots law. Annus deliberandi: a year of deliberating ; a year al- 
 lowed to the heir to decide whether he will accept the inheritance. 
 In the civil law. A year ; a period of three hundred and sixty-flve 
 days. Annus est mora motus quo suum planeta pervolat cir- 
 culum : a year is a period of motion in which a planet revolves 
 through its circle or orbit Annas luctus : a year of mourning ; the 
 year following the husband's death during which the widow could 
 not marry. Annus utilis: an available year; a year during which 
 a right could be exercised. 
 
 Annuns reditus, I In old English law. An annuity ; a yearly rent or 
 payment ' 
 
 Anonymous, ab. anon. Without name; applied to reported cases in 
 which the names of the parties do not appear. 
 
 Anoyer, anyer, ennoyer, I. fr. To trouble or annoy. 
 
 Auoysance, noysance, anisancz, aynisans, I. fr. Annoyance; nui- 
 sance. 
 
 Ans, anz, I fr. Years. 
 
 Ansement, i. /r. Likewise; in like manner. 
 
 Answer. Any defensive pleading other than a demurrer; the usual 
 mode of defense in equity, corresponding to a plea in an action. 
 
 Antapocha, gr.-l. In the Roman law. A transcript or counterpart of 
 the instrument called apocha, signed by the debtor and delivered to 
 the creditor. 
 
 Ante, I. Before; usually employed in old pleadings to express time 
 before. Ante exhibitionem billae: before the exhibition of the 
 bill ; that is, before the beginning of suit Ante litem: before suit ; 
 — contestatem: before suit contested ; — motam: before suit brought 
 Ante occasum solis: before sunset Ante omnia: before all else ; 
 first of all. 
 
 Antecedens, I Going before ; antecedent v. Ad proximum, etc. ; Ex 
 antecedentibus, etc. ' 
 
 Antecessor, I. In old English law. One who goes or has gone before 
 another in the possession of an estate ; an ancestor ; a predecessor 
 in an office. 
 In the Roman law. A teacher, professor or master of the laws ; a 
 person learned in the law, but not a professor. 
 
 Ante-factum, I. In the Roman law. A thing done before ; a previous 
 "fact or act 
 
 Anteg^estam, I. In the Roman law. A thing done before ; a previous 
 act 
 
 Antejuramentum, I. In the Saxon law. A preliminary oath required 
 of the parties, before any trial or purgation, — of the accuser to 
 prosecute; of the accused, to his innocence. 
 
 Antenati, 7. I. Born before ; that is, before a particular time or event 
 
 Antenatns, I. I. Born before ; that is, before another person ; born be- 
 fore a particular time or event. 
 
 Antestari, I In the Roman law. To summon one to testify ; to testify. 
 
52 ANTICHRESIS — APEX. 
 
 Antichresis, gr.-l In the civil lam. A species of mortgage in whicii 
 the creditor is given the right to the use and profits in lieu of interest. 
 
 Anticipatio, I. In the civil law. A taking or assuming beforehand ; 
 the taking of a thing for true, without proof; anticipation. 
 
 Antigraphns, gr.-l. In the Roman law. An officer whose duty it was 
 to have oversight over the money collected by the tax-gatherers ; a 
 controller. 
 
 Antinomia, gr.-l. In the Roman lavx, An opposition, contradistinction 
 or inconsistency of laws. Antiuoiniso: conflicting laws or provis- 
 ions of law ; conflicting or inconsistent cases, opinions or decisions. 
 
 Antiqua statuta, I The acts of parliament from Magna Charta to the 
 end of the reign of Edward II. 
 
 Antiqnee custumas, I. I. In old English law. Ancient customs ; cus- 
 toms on wool, leather, eta, granted to Edward I. in the third year of 
 his reign. ^ 
 
 Antiquare, I. In the Roman law. To restore a former law ; to reject 
 or vote against a new law. 
 
 Antiquitas, I. In the civil law. Ancient or former law. 
 
 Antiqnam dominicuin, I. I, In old English law. Ancient demesne. 
 Opposed to novum perquisitunp or new purchase. 
 
 Antistitium, I. I. In old English law. A monastery. 
 
 Antithetarius, I. I. In old law. One who endeavors to discharge him- 
 self from an accusation by charging his accuser with the same of- 
 fense. 
 
 Antor, I. fr. Around. \ 
 
 Antrustio, amtrustio, I. I. In feudal law. A confidential vassal ; a 
 follower or dependent of an ancient German chief, or of a king or 
 count of the Franks. 
 
 Anuels livres, I. fr. The year books. 
 
 Anuyte, anute, I. fr. Annuity, v. Annuette. 
 
 Any. One, indefinitely or indifferently. It sometimes has the sense of 
 "some," but more commonly that of "all" or "every." - 
 
 Apanage, appanage, apenage. In old French law. A provision of 
 lands or feudal superiorities made by the king for the support of his 
 younger sons. 
 
 Aparelle, aparaile, appareillie, I fr. Ready. 
 
 Apares,' I. I. Peers ; equals. 
 
 Aparluy, aperlny, I. fr. By itself ; separately. 
 
 Apartment. A room in a house ; a part of a house. 
 
 Aperceyver, I. fr. To perceive. 
 
 Aperte, Z. /n Open; plain. Apertment: openly; plainly. 
 
 Apertns, apertum, I In old English law. Open or patent. Aperta 
 brevia: open writs ; unsealed writs. Apertum factnm: an overt act 
 
 Apex juris, I. I. An extreme point of law ; a subtlety of law. Apices 
 juris: extreme points of law ; subtleties of law ; — non sunt jura: 
 the mere subtleties of law are not law. Apices litigandi: subtleties 
 of litigation. 
 
APERIRE — APPARITOR. 33 
 
 Aperire, I In the civil law. To open, as a will or codicil. 
 In feudal law. To escheat or revert to the lord. 
 
 Apocsei OineratorlsB, I I In old English law. Bills of lading. 
 
 Apocho, gr.-l. In the civil lavx Acknowledgment of a payment of 
 money. 
 
 Apocrislarins, L In ecclesiastical law. One who answers for another ; 
 originally an officer who brought ecclesiastical matters before the 
 emperor and conveyed his answer's to the petitioners ; a pope's legate ; 
 a bisliop's legate or chancellor. 
 
 Apographa, gr.-l. In the civil law. A description or enumeration ; an 
 inventory. 
 
 Apolncter, I. fr. To appoint or direct 
 
 Aporiare, gr.-l To be in diflSculties ; to be poor; to reduce to poverty 
 
 Apostaey. The renunciation of Christianity. 
 
 Apostare, I. U In the Saxon law. To violate ; to transgress. 
 
 Apostiler, I. Jr. To write notes on. 
 
 Apostille, appostille, L fr. An addition, a note or an observation. 
 
 Apostles. The papers forming the record on appeal in the admi- 
 i-alty and transmitted from the lower court to the higher ; letters 
 dismissory given to the appellant stating that the record will be 
 transmitted. 
 
 Apostoli, gr.-l, Apostles. In the civil law. Letters given upon appeal 
 by him from whom appeal is taken to him who is to judge of the 
 appeal, called letters dismissory. 
 
 Apotbeca, gr.-l A repository ; a place of deposit, as of wine, oil, eta 
 
 Apothecarii, I Stewards. The word is used in old records. 
 
 Appanaglum, I I In old French law. A provision for younger sons. 
 V. Apanage. 
 
 Apparance, I fr., Apparentia, apparitio, I I Appearance ; an appear- 
 anca Apparitio in jndicio: an appearance in court 
 
 Apparator, II A furnisher or provider. Apparator comitatns: the 
 sheriflE formerly in some counties of England, as having charge of 
 certain county expenditures. 
 
 Apparens, L, Apparent Manifest ; proved ; appearing ; that which is 
 regularly before a court Apparent heir: in English law one 
 whose right of inheritance is indefeasible, if he outlives the ancestor ; 
 in Scots law, one who is entitled to enter heir to a deceased ances- 
 tor before entry mada v. De non apparentibus, etc. ; Quod non 
 apparet, eta 
 
 Apparere, I In old English law. To appear ; to be regularly befof e a 
 court whether as a fact, an instrument or other thing, or as a de- 
 fendant in an action, v. Quod non apparet, etc. • 
 
 Appares, apares, 1. In the canon lau). Peers or compeers; equals; 
 associates. 
 
 Apparitor, I In the civil law. An officer who waited on a superior 
 officer and executed his commands. 
 
54 APPARITOR— APPELLANT. 
 
 \ 
 In ecclesiastical law. A summoner ; one who cites offenders to appear 
 and serves the process of the court. 
 
 Apparlement, I. fr: In old English law. Resemblance ; hkehhood. 
 
 Apparior, apparoer, apparoier, I fr. To appear ; tO' make known. 
 
 Apparura, I. I. In old English law. Tackle or apparel ; furniture. 
 
 Appatissiez lieux, I fr. In old English law. Places which agreed to pay 
 a sum of money to the enemy that the town might not be ravaged. 
 
 Appaye, appay, apay, 1. fr. Satisfied ; contented. 
 
 AppeaL A complaint and removal of a cause to a higher court for 
 error or informality, for the purpose of re-examination or review. 
 In the most general sense it embraces proceedings by certiorari and 
 by writ of error, but strictly, only proceedings in equity, where the 
 cause is reviewed as to fact as well as law. 
 In old English law. An accusation of one private person by another 
 of some heinous offense, demanding punishment on account of the 
 particular injury, not compensation, nor punishment on behalf of 
 the public. 
 In old French law. A proceeding in the loi-ds' courts in which a party 
 not satisfied with the judgment of the peers accused them of a false or 
 malicious judgment and offered to make good the charge by combat. 
 
 Appear. To be properly before a court, as a matter of which the 
 court can take notice ; to be regularly in court, as a party defend- 
 ant ; to be in evidence ; to be proved. 
 
 Appearance. The coming into court of either of the parties to an ac- 
 tion ; the proceeding in an action by which the defendant comes 
 oris brought befoi'e the court to answer to the action, — necessary 
 that the court may proceed to judgment It is compulsory, where 
 it is made by reason of process duly served ; and voluntary, where 
 it is ^in answer to a subpoena or summons, without process. It is 
 general where it is an absolute submission to the jurisdiction of the 
 court ; and special, where it is made for certain purposes only. It 
 is conditional where it is to become general only in a certain event ; 
 and de baie esse, where it is to remain an appearance, except in a 
 certain event ; optional, where it is made by a party not bound to 
 ^ appear but who does appear to protect his rights ; and subsequent 
 where it is made by the defendant after an appearance entered for 
 him by the plaintiff. 
 
 Appearand heir. In Scots law. An apparent heir. 
 
 Appeaux, apeaus, /. fr. Appeals. 
 
 Appel, appele, appelle, I. fr. In old English law. Called ; appealed ; 
 accused. 
 
 Appel, I. fr. In old English law. An appeal. 
 
 Appellans, L I. One who appeals or prosecutes an appeal ; an appellant ; 
 an accuser or challenger. 
 
 Appellant. One vvho appeals ; the party to an action by whom an ap- 
 peal is made or taken, v. Appellee. 
 
APPELLARE — APPENNAGIUM. 55 
 
 Appellare, I To appeal or accuse. Appellare de facto: to appeal one 
 of fact (that is, as principal). Appellare de fortia; to appeal of 
 force (that is, as an accessory). 
 I7i the civil law. To appeal from the sentence or decision of an infe- 
 rior, to that of a superior, judge or court {ab inferioris judicis senten- 
 tia ad superiorem provocare) ; literally, to call out, to call to, to call 
 upon (i e. for relief). Appellare adrersns gpnteutiam: to appeal 
 against a sentence, v. Appello; Appellaiio. 
 
 Appellate. Pertaining to appeals ; having cognizance of appeals. Ap- 
 plied to courts and to the jurisdiction of courts. Appellate juris- 
 diction: jurisdiction by way of appeal; the power of one tribunal 
 to review the proceedings of another, as to the law or fact or both. 
 
 Appellatio, I. That by which a thing is called ; a name or term ; an 
 appellation. Appellatione fundi, omnc aediflcium et omnis ager 
 continetnr: under the appellation "fundus" are included every 
 building and every kind of land. 
 In the civil law. An appeal from an inferior to a superior court or 
 tribunal ; the removal of a cause from the sentence of an inferior 
 to a superior judge. 
 
 Appellator, I In old practice, an appealer, or accuser. 
 In the civil law. A party appealing ; an appealer or appellant 
 
 Appellatus, I. In old practice, one who is appealed, or against whom 
 an appeal is made ; the party accused by an appeal, an appellea 
 In the civil law. The judge to whom an appeal was taken. 
 
 Appelle, I. fr. In old practice, the party accused by the process of ap- 
 peal. V. Appeal. 
 
 Appellee. The party against whom an appeal is made ; the party an- 
 swering to an appeal, v. Respondent. 
 
 Appeller, appeler, I. fr. In old practice, to call ; to call or summon be- 
 fore a judge ; to appeal or accuse. 
 
 Appello, I. In the civil law. I appeal ; the form of making an appeal 
 in the presence of the judge. 
 
 Appellor. In old English law. A criminal who accuses his accom- 
 plices, v. Approver. 
 
 Appellour, I. fr. In old practice, the party who brought an appeal 
 
 Appellum, I. I. In old practice, an appeal. 
 
 Appendant, I fr. and eng. Annexed or belonging; in the law of es- 
 tates, annexed or appended, as a right of common to a freehold, or 
 one inheritance to one that is superior or more worthy. A thing 
 appendant differs from a thing appurtenant in that it must always be 
 by prescription, while a thing appurtenant may be created by grant 
 
 Appender, I, fr. To hang to ; to be annexed to ; to belong to. Append: 
 hanging ; pending. Appenses: hung, affixed. 
 
 Appenditia, I I. In old conveyancing, appendages ; appurtenances. 
 
 Appenna^inm, 1. 1. In French law. An appenage or appendage ; the 
 portion of a younger son. 
 
56 APPENSEB— APPORT. 
 
 Appenser, tfr. To thiak ; to consider. 
 
 Appensnra, Z. 2. In old law. Payment of money by weight 
 
 Appent, apent, appente, appient, L Jr. Belongs ; it belongs. Appent 
 al Tisconte receyyer plegges: it belongs to the sheriff to take 
 pledges. 
 
 Apperance, I. fr. Appearance. 
 
 Apperand. In old Scots law. Appearing ; apparent. 
 
 Appert, U fr. Openly ; in public. 
 
 Appertaining. Belonging to; appurtenant; usually occupied with, or 
 lying to ; as land with, or to, a messuage, v. Appurtenant 
 
 Appertinances. An old form of appurtenances, q. v. 
 
 Appeser, L fr. To agree. 
 
 Applicare, I In old English law. To fasten to ; to moor. Applicare 
 et exonerare: to moor and unload. 
 
 Applicatio, I Application. Applicatio est Tita regnlae: application 
 is the life of a rule. 
 In old English law. A fastening to ; a mooring. Applicatio naviam: 
 a mooring of vessels. 
 
 Application. A putting to ; a placing near or before ; the making of a 
 request; request in writing; a putting to; a bringing together, in 
 order to ascertain some relation or establish some connection, as 
 the application of a rule or principle to a case or fact ; a putting to 
 some use, as the application of money to a particular purpose, to 
 payment of a particular debt 
 
 Applnmbatura, aplumbatnra, I In old English law. A soldering to, 
 or together, v. Adplumbare. 
 
 Appodiare, I.L In old records, to lean upon. 
 
 Appoint. To direct, designate or limit ; to make or direct a new dis- 
 position of an estate already conveyed, by virtue of a power con- 
 tained in such conveyanca A term particularly applied to convey- 
 ances! to uses. 
 
 Appointee. The person to whom or in whose favor an appointment ia 
 made. 
 
 Appointment. The designation of a person to hold an oiSce or dis- 
 charge a trust ; the act of- appointing ; the exercise of the power 
 of designating under a deed called a power of appointment the per- 
 son who is to take the use of realty ; also the instrument by which 
 the designation is made. v. Power. 
 
 Appointor. The person who appoints, or executes a power of appoint- 
 ment 
 
 Appon^re, 1.1. In old practice, to put, or set to ; to put in or set up ; 
 to put, simply ; to lay out, or expend ; to appoint Apponas loco 
 eornm: you put in their place. Appono clameum menm: I set up 
 my claim. 
 
 Apport, I. I In old English law. Tax; tallage; tribute; imposition; 
 payment; charge; expenses. 
 
APPORTION AMENTUM — APPEEHENSIO. ' 57 
 
 Apportionamentum, II In old English lam. Apportionment; an ap- 
 portionment 
 .Apportionare, apporconare, 1,1. In old English law. To apportion. 
 Apportionatse: apportioned, assessed. 
 
 Apportionment. A dividing or making into parts ; a distribution ac- 
 cording to a certain proportion; the distribution of a claim or 
 charge among persons having different interests or shares, in pro- 
 portion to their interests or shares in the subject-matter to which it 
 attaphes. The term is applied to annuities, commons, contracts, in- 
 cumbrances, loss and damage caused by collision of vessels, rents, 
 representatives in congress, etc. 
 
 Apportuin, I. I In old English lata. Anything brought or carried to 
 another, as a profit or emolument, particularly for the support of a 
 religious person ; anything carried out of the country. 
 
 Apposal of sheriffs. In English law. The charging of sheriffs with 
 money received upon their account in the exchequer. 
 
 Appose, In old English law. To interrogate or question. 
 
 Apposer, I. fir. To question ; to adjust or settla 
 
 Apposer. An officer in the English exchequer, whose business it was 
 to examine the sheriff's estreats with the record, and to ask [appose] 
 the sheriff what he could say to each sum therein, v. Foreign ap- 
 poser. 
 
 Appostille. In French law. An addition or annotation made in the 
 margin of a writing, v. Apostille, 
 
 Appraise. To put or set a price or value upon. 
 
 Appraisement, appraisal, apprizal, apprizement. The putting of a 
 value or price upon ; the act or process of fixing and stating the 
 true value of a thing, or of property, by persons appointed for the 
 purpose A process in use for ascertaining the value of the property 
 of intestates and insolvent debtors, of property distrained, property 
 taken for public use, etc. v. Inventory. 
 
 Appraiser. A person appointed by authority to ascertain and state the 
 value of property submitted to his inspection. 
 
 Appreciare, appretiare, I. L In old English law. To appraise, or esti- 
 mate. 
 
 Appreciatio, apprecio, I L In old English law. Appraisement; an 
 appraisement 
 
 Apprehend. To take or take hold of; to take a person on criminal pro- 
 cess. 
 
 Apprehendere, I In the eivU law. To take hold of ; to take or seize a 
 person. 
 
 Appreliensio, I. In the civil and old English law. A taking hold of a 
 person or thing ; apprehension ; the seizure or capture of a person. 
 A form of occupatio, or a mode of acquiring title to things not be- 
 longing to any one. 
 
5 8 APPREHENSION — APPROPRIATE. 
 
 Apprehension. The taking of a person on criminal process. 
 In the civil law. A physical or corporal act, by one who intends to 
 acquire possession of a thing, by which he brings himself into such, 
 a relation to the thing that he may subject it to his exclusive con- 
 trol, or by which he obtains the physical ability to exercise his 
 power over the thing whenever he pleases. 
 
 Apprentice, apprenticing, I., Apprentise, apprentiz, I. fr. One who 
 learns; a learner. A person, usually an infant, bound by indenture 
 to serve another for a term of years, receiving in return for his serv- 
 ices, support and instruction in his master's trade, art or occupa- 
 tion. 
 
 Apprenticesliip. The state or condition of an apprentice ; the relation 
 of one person to another, as an apprentice ; a contract by which a 
 person is bound to serve as an apprentice ; the term for which an 
 apprentice is bound to serve. 
 
 Apprenticius, apprentitius, I. I., .i^pprentise, I. fr. In old English law. 
 Apprentice; an apprentice at law. Apprenticing ad barrag: an 
 apprentice at the bars ; a barrister. Apprenticing ad legem, Ap- 
 prentise en la ley: an apprentice or student at law ; a counsellor 
 below the degree of sergeant ; a barrister. 
 
 Apprentiggage, I. fr. Apprenticeship or novitiate ; the state of an ap- 
 prentice, or the term for which he is bound. 
 
 Apprester, I. fr. To prepare. Apprest: prepared ; ready. 
 
 Apprestes, I. fr. Payments ; loans. 
 
 Apprimes, I. fr. First. 
 
 Apprig, apprise, Z. /»•. In old English law. Learned or skilled. Ap- 
 priges en la ley: learned in the law. v. Apris. 
 
 Appriging. In old Soots law. A process for attaching a debtor's land 
 and conveying it to the creditor, in payment of his debt 
 
 Approach, right of. A right to visit a vessel at sea, for the purpose of 
 ascertaining its national character. 
 
 Approbare, I. I In old English law. To approve, v. Approve. 
 
 Approbate and reprobate. In Scots law. To approve and reject ; to 
 take advantage of one part, and reject the rest. 
 
 Approbator, I. I. In old English law. An approver, v. App7-over; Pro- 
 bator. 
 
 Approclier, aprocher, I. fr. To come to ; to come at ; to approach. 
 
 ApprOper, I. fr. To appropriate. 
 
 Approperment, I. fr. Properly ; appropriation. 
 
 Appropriare, I. I. In old English law. To take to one's own separate 
 use; to appropriate; to approve. Appropriare et includere [com- 
 muniam]: to Approve, or separate and inclose a common ; to dis- 
 common it 
 
 Appropriate. To take to or for one's self ; to take as one's own : as, to 
 take personalty, by embezzlement, larceny, etc. To adopt as one's 
 
APPROPRIATE — APPURTENANCE. 59 
 
 own : as, to adopt a trade-mark. To set apart for a particular pur- 
 pose : as, to set apart funds, public lands, any lands to public use, 
 public money, etc. v. Application. 
 
 Appropriation. A taking to or for one's self ;' an adoption as one's 
 own ; a setting apart for a particular purpose, v. Appropriate. 
 In English ecclesiastical law. The perpetual annexing of a benefice 
 to a spiritual corporation, either sole or aggregate, the patron of the 
 living. V. Impropriation. 
 
 Approve. In old English law. To take to one'fe own sepai-ate use, as 
 by inclosing common or waste land; to inclose for the purpose of 
 cultivation ; to cultivate land after inclosing it ; to make the best 
 benefit or profit of it, by increasing the rent; to improve land; to 
 accuse ; to accuse an accomplice by giving evidence against him. 
 V. Appropriare; Approvement. 
 
 Approveameiitnm, apprnanientum, I. I. In old English law. An ap- 
 provement, or improvement 
 
 Approvement. In English law. Inclosure ; the inclosing of part of a 
 common, leaving sufficient common with egress and regress for the 
 commoners ; inclosure for the purpose of cultivation : cultivation or 
 improvement. A species of confession, by which a person indicted 
 of a capital crime and arraigned confessed the fact before plea 
 pleaded, and accused others his accomplices in the crime, in order to 
 obtain his pardon. Superseded by the practice of permitting the 
 person confessing to give evidence against his associates, thas mak- 
 ing him what is called in England queen's evidence, and in the 
 United States, state's evidence, v. Approver. 
 
 Approver. In English law. A person, who being indicted of a capital 
 crime upon arraignment, before plea pleaded, and with a view to 
 obtaining a pardon, confessed the crime charged and was then per- 
 mitted to reveal his accomplices, v. Approvement; Probator. 
 In old English law. The bailiff of a lord in his franchise. The king's 
 approvers were those who had the letting of his demesnes in small 
 manors. Sheriffs were sometimes called the king's approvei-s. 
 Sometimes written emprover. 
 
 Approver, L fr. To approve or prove ; to vouch ; to appropriate ; to im- 
 prove. 
 
 Appruameiituin, I. I. In old English law. Approvement; an approve- 
 ment, or improvement . 
 
 Appruare. In old English law. To approve or improve [land] ; to bene^ 
 fit, or obtain a benefit, by approvement. 
 
 Appruator, 1. 1. In old English law. An approver [of lands]. 
 
 Appulsus, I. In the civil law. A driving to, as of cattle to water. 
 
 Appunctuare, 1. 1. In old English law. To appoint 
 
 Appurtenance. A thing appurtenant Anciently spelled appertinance. 
 v. Appurtenant, 
 
60 APPURTENANT — AQUATia 
 
 Appurtenant, Belonging to ; accessory or incident to. A thing to be 
 appurtenant to another must be of a different and congruous nature, 
 such as an easement or servitude, or some collateral incident be- 
 longing to and for the benefit of the land A thing corporeal can- 
 not be appurtenant to a thing incorporeal, nor conversely ; nor, 
 strictly speaking, can land be appurtenant to land, or land to a house, 
 though it may pass as such where that appears to be the intention. 
 
 Apres, apree, I fr. After ; afterwards ; next ; nearest to. Apres midi: 
 afternoon. Apres que: after that 
 
 Apris, I fr. Learned. Apris de la leie: learned in the law. 
 
 Apnd, I. In old English law. At Apud London videlicet, In parochla 
 beatae Marlee de arcultus, in warda de Clieap: at London, to wit> 
 in the parish of St Mary-le-bow, in the ward of Cheap; the old 
 form of laying the venue in London. Apud pares: by or before the 
 peera Apnd turrini: at the tower. 
 In the eivH law. Among ; before ; in ; to ; with. Apnd acta: among 
 the acts or recorded proceedings ; in the course of judicial proceed- 
 ings ; in the presence of the judga 
 
 Apnrtenaunces, I. fr. Appurtenances. Used by Britton as another 
 name for incorporeal thinga v. Appurtenance. 
 
 Aqua, I., Awe, aene, ewe, Z. fr. In the civil and old English late 
 Water; a stream of water ; a water-cours& Aqua sestiva: summer 
 water ; water used in summer only. Aqua cedit solo: water fol- 
 lows the land ; water goes with the land which it covers. Aqua 
 cooperta: covered with water. Aqua currens: running water. 
 Aqua currit, et debet currere, ut currere solebat: water runs, and 
 ought to run, as it used to run. Aqua dnlcis or frisca: fresh water. 
 Aqua fontanea: spring water. Aqua pluvia: rain water. Aqua 
 proflneus: flowing or running water. Aqua quotidiana: daily 
 water. Aqua salsa: salt water. Aqua trestornata: a stream turned 
 out of its course. 
 
 AqujB, I. In old English lavx Waters; streama Aquarum cui^as: 
 water-courses. 
 In the civil law. Aquae Iiaustus: the right of drawing water from 
 the well or spring of another. 
 
 Aqnaednctus, I In the civil law. The right of conducting water through 
 the land of another. 
 
 Aqnagiuin, L A duct or passage for water ; a canal or trench for lead- 
 ing ofE water, especially from marshy grounds. Aquagangium: 
 the passage or flow of water ; a trench or drain to 6arry off water. 
 Aquagaugium: a water-gage; a mark placed on the banks of a 
 stream to show the rise of the water. 
 
 Aquatic rights. Rights in water; rights to the use of the sea and riv- 
 ers, for the purpose of fishing and navigation, and to the soil in the 
 sea and rivers, v. Alluvion; Avulsion; Dereliction; FUum aquoe; 
 Fishery; Riparian rights. 
 
AEA — ARCA. 61 
 
 Ara ete, I fr. Shall have been. 
 
 Arace, I. fr. To erase ; to deface. 
 
 Araeher, aracer, I. fr. To root up. 
 
 Aracine, I. fr. Rooted ; taken root 
 
 Araer, arair, arayer, I. fr. To prepare ; to array ; to settle. 
 
 Arage, I. fr. Mad ; insane. Arages: madmen, v. Arrage. 
 
 Aralia, aratnria, I. I. Irk old English law. Arable land ; plough-landa 
 
 Arare, I. In old English law. To ear; to plough. Arabant: they 
 ploughed. Arabant et lierciabant ad curiam domini: they 
 ploughed and harrowed at the lord's court 
 
 Arator, Z. In old English law. A ploughman. 
 
 Aratrnm terrse, I. I. In old English law. A plough of land ; as much 
 land as could be tilled wi);h one plow. 
 
 Aratura terrse, I. I. In old English law. The ploughing of land ; the 
 service of the tenant for his lord in ploughing his land. 
 
 Arayer, araer, arair, I. fr. To prepare ; to array ; to settle. 
 
 Arbiter, I. In the Roman law. A judge invested with a discretionary 
 power ; a person appointed by the praetor, to examine and decide 
 causes termed honce fidei, and who had the power of judging ac- 
 cording to equity ; a person to whom the parties submitted their 
 dispute, without the interference of a magistrata 
 In Scots law. An arbitrator. 
 
 Arbitrament, arbitrement, Ifr., Arbitrium, 1 1. An award in arbitra- 
 - tion. Arbitrium est Judicium: an award is a judgment ; — boni 
 Tiri, secundum eequum et bonum: an award is the judgment of a 
 good man, according to equity and virtue. 
 
 Arbitration. An investigation before and decision by unoflScial per- 
 sons, chosen by the parties, of a matter in dispute. It is compulsory 
 when the consent of one of the parties is enforced by the law, and 
 voluntary when it is by agreement of the parties, v. Submission. 
 
 Arbitrator. A person to whose decision matters in dispute are sub- 
 naitted in arbitration, v. Arbitration. 
 
 Arbitratus, 1. 1. In old English law. Awarded, v. Idem arbitratores, 
 etc. 
 
 Arbor, 2. In old English law. A tree. Arbor civilis.consanguinitatis: 
 a family tree. Arbor dum crescit, lignum dura crescere nescit: 
 [called] a tree while it grows, wood when it cannot grow [that is, 
 when it is cut]. Arbor finalis: a boundary tree. 
 In the Roman law. A tree ; the mast of a ship. Under this name 
 were included vines, ivy, reeds ; but not plants that were so tender 
 as to be classed among herbs, — nothing could be called arbor which 
 had not taken root, unless where it had been transplanted. 
 
 Area, I. In the civil law. A chest or coffer ; a place for keeping money. 
 
 Area ehirographica or chirographorum judseorum, I. A common 
 chest kept anciently in England in which all the contracts, mort- 
 gages and obligations belonging to the Jews were kept 
 
62 ARCANA — ARDOUR. 
 
 Arcana imperii, I. Mysteries of government; state secrets. 
 Arcarias, I. In the civil and old English law. A treasurer ; a keeper 
 
 of public money. 
 Arcewesclie, arceevesque, I. fr. Archbishop ; an archbishop. Corrup- 
 tions of arohievesque. 
 Archaionomia, sive de priscis Auglorum legibns, I The title of a col- 
 lection of Saxon laws, made in the time of Queen Elizabeth. 
 Archbishop. In English ecclesiastical lata. The chief of the clergy in 
 his province, having supreme power under the king in all ecclesias- 
 tical causes. 
 Archdeacon. In English ecclesiastical law. An ecclesiastical officer 
 having jurisdiction immediately subordinate to the bishop, through 
 the whole or in some particular part of the diocesa 
 
 Archdeacon's court. In English ecclesiastical law. A court held be- 
 fore a judge appointed by the archdeacon, and called his official. It 
 is the most inferior ecclesiastical court 
 
 Arches court or Court of arches. In English ecclesiastical law. A 
 
 court of appeal, and also of original jurisdiction, belonging to the 
 
 archbishop of Canterbury ; so called from its having been anciently 
 
 I held in the church of St Mary-le-bow, the " church of arches,'' so 
 
 termed from the fashion of its steeple. 
 
 Arcliidiacouus, I. I. In old ecclesiastical law. Archdeacon. Called also 
 archiepiscopus, archilevita. 
 
 Archiepiscopus, I. In ecclesiastical law. Archbishop ; an archbishop. 
 Archiepiscopus Cantaur: archbishop of Canterbury. Archiepis- 
 copus Ebor.: archbishop of York. 
 
 Archives. A place where public papers or records are deposited ; a re- 
 pository of records established by public authority ; the records or 
 writings so deposited ; a private repository in libraries. 
 
 Archivum, archium. In the civil law. A place for the public deposit 
 of writings, instruments or records. 
 
 Arciflnius, I, In the civil law. Land comprised within no measure- 
 ment 
 
 Arct, I. fr. Bound ; compelled ; forced ; straightened ; confined. 
 
 Arcta, /. In the civil law. Close ; confined ; contracted ; narrow. A 
 term applied to a woman having certain physical defects. 
 
 Arcta et salva eustodia. v. In arcta, etc. 
 
 Arctable, I. fr. Forcibla 
 
 Arctare, /. In old English law. To narrow. Arctata: narrowed. 
 
 Arcter, I. fr. To bind ; to compel or force. 
 
 Arcuatus, I. I. Arched. 
 
 Arder, I. fr. To burn. 
 
 Ardour, I. fr. In old English law. A burner ; an incendiary. Ardours 
 de mesons: burners of houses. Ardours sont qui ardent cite, ville, 
 maison, beast, ou autres chateux: burners are those who burn a 
 city, town, house, animal or other clialtels. 
 
AREA — ARGENTUM. 63 
 
 Area, I In old English law. A floor ; a piece or plot of ground. Area 
 ligiiea: a wooden floor. 
 In the civil law. A vacant space in a city ; a place not built upon ; 
 the site of a house ; a site for building ; the space where a house has 
 stood ; a threshing-floor. 
 
 Areister, L fr. To stop or stay. 
 
 Areinenaunt, areiiaunt, I. fr. Forever after. 
 
 Arenes, aresnes, areseiiez, I. fr. Arraigned ; brought to the bar of the 
 court ; put to answer ; called in question. 
 
 Arentare, Z. /. In old English law. To rent out, or let at a certain rent 
 V. Arrentare. 
 
 Arentatio, arrentatlo, I. I. In old English law. A renting or rent 
 V. Arrentatio. 
 
 Arer, arrer, I. fr. In old English law. To plough. Arer et semer: to 
 plough and sow. .\rrer les prees: to plough the meadows. 
 
 Arere, I. fr. In old English law. Behind; in arrear; back; again. 
 V. Riens en, etc. ; Fuit argue, etc. 
 
 Areremain, I. fr. Back again. 
 
 Arerissemeiit, I. fr. Hindrance ; delay ; prejudica 
 
 Arester, areiter, I. fr. To stop or stay ; to arrest v. Areister. 
 
 Aret, I fr. An account Arete: taken or charged with some crime. 
 V. Arret. 
 
 Aretro, I. I. In old English law. Behind ; in arrear. 
 
 Arg. An abbreviation of arguendo, q. v. 
 
 Argentaria, I. In the civil law. The business of a dealer in money. 
 V. Argentarius. 
 
 Argentarins, I. In old English law. A dealer in money ; a silversmith. 
 Argentarius miles: a kind of money porter in the exchequer ; a 
 person who carried the silver from the lower to the upper excheq- 
 uer to be examined. • < 
 In the civil law. A dealer in money ; a money-changer ; one who re- 
 ceived money on deposit and loaned money on interest; a banker. 
 
 Argentens, L I. An old French coin, answering nearly to the English 
 shilling. 
 
 Argentifodina, I. In the civil and old English law. A silver mina 
 
 Argentiim, Z. In old English law. Silver; silver plate; silver bullion, 
 or uncoined silver. Money paid by. weight ; money generally ; money 
 paid by tale, or counted. Goods generally. Argentum album: plain 
 or blank silver not marked; uncoined silver; silver coin worn 
 smooth by use; common silver coin, as distinguished from coin of 
 full weight and purity. Argentum Del: God's money ; money given 
 by way of earnest upon conclusion of a bargain. 
 In the civil law. Silver. Argentum factum: silver made, i. e. 
 wrought into articles of various' kinds. Argentum infectnm: sil- 
 ver unwrought, or in the m^ss. 
 
64 ARGUENDO — ARMA. 
 
 Arguendo, I In arguing; in the course of argument Arguendo et 
 redargnendo: arguing and confuting. 
 
 ArgnmentatiTC Indirect; inferentiaL A pleading is argumentative 
 where the important part of the matter of it is stated by implica- 
 tion merely. 
 
 Arguinentnm, I. Argument, especially of the presumptive kind. In- 
 ference ; presumption ; evidence ; presumptive evidence. Argumen- 
 tum a commnniter a«cidentibas in jnre freqnens est: an argument 
 from commonly occurring things is frequent in law. Argnmentum 
 a divisione est fortissimnm in jure: an argument from divis- 
 ion is of the greatest force in law. Argumentnm a majori ad 
 minus negative non Talet; valet e converso: an argument from 
 the greater to the less is of no force negatively ; conversely, it is of 
 force. Argnmentum a simili valet In lege: an argument from a 
 like case (from analogy) is good in law. Argnmentum ab autliori- 
 tate: an argument from authority ; -^ est fortissimnm in lege: an 
 argument from authority is the strongest iii the law. Argnmen- 
 tum al) impossibili valet in lege: an argument drawn from an 
 impossibility is forcible in law. Ai-gumentum ab inconvenienti 
 plurimnm valet [est validnm] in lege: an argument di-awn from 
 inconvenience is of the greatest weight [is forcible] in law. Argn- 
 mentnni ad crumenam: an argument to the purse. Argumentum 
 ad Iiominem: an argument to the person. Argumentum ad igno- 
 rantiam: an argument to ignoranca Argumentum ad verecun- 
 diam: an argument to modesty. 
 
 Aribannum, arribannnm, I. I In old Ev/ropean law. A fine for not 
 joining the army, when called out by public summons ; the sum- 
 mons or proclamation itself, v. Arri-eribannum; Herebannum. 
 
 Arierban. v. Arrierban. 
 
 Arimanni, I. I In mediceval law. A class of freemen employed in agri- 
 culture, otherwise called conditionales, originarii, tributales, etc. 
 
 Aripenna, aripennum. v. Arpennis. 
 
 Aries. In Scots law. Earnest ; money, or other thing given by a buyer 
 as a symbol of the bargain. 
 
 Arm of the sea. A portion of the sea where the tide flows and reflows. 
 
 Arma, L In old English law. Weapons offensive and defensive ; arms 
 or cognizances of families. . Arma capere or suscipere: to take 
 upon one the order of knighthood ; to be made a knight Arma 
 dare: to dub or make a knight Arma in armatos jura sinnut: the 
 laws permit iising arms against those armed. Arma libei'a: free 
 arms ; a sword and lance given to a servant when set free. Arma mo- 
 luta: shop weapons. Arma pacis et justitiae: arms of peace and 
 of justice. Arma pertur bationis pacis et injurise: arms of breach 
 of the peace and wrong. Arma reversata: reversed arms ; a pun- 
 ishment for treason or felony. 
 In the civil law. Weapons offensive and defensive. 
 
ARMAMENTA — ARRAIGN. 65 
 
 Armameuta nay is, I In the civil law. The taoklings or equipments of 
 a ship. 
 
 Armata tIs, I In the civil law. Armed force, v. Vis armata. 
 
 Armatura, 1 1. In old English law. Armor ; the use of weapons. 
 
 Arms, I. fr. A weapon. 
 
 Armi jer, arinig. 2. In fetidal and old English law. One who bears arms; 
 an armor-bearer, or shield-bearer. A knight's attendant An es- 
 quire ; one who bears arms, or coat armor. A species of feudal ten- 
 ant ; a tenant by scutage, or the service of the shield. A servant 
 V. Esquire, 
 
 Anuilusti'um, LI. A showing of armor ; military training. 
 
 Arms. Weapons offensive and defensiva v. Arma; Force and arms. 
 
 Armum, I L In old English law. A weapon. Armum molutnm: a 
 sharp weapon. 
 
 Armure, L fr. Arms ; armor ; armed men. 
 
 Arpeu, arpent, fr. An old English measure of land of uncertain quan- 
 tity ; by some called an acre, by others half an acre, and by others a 
 furlong. A French measure of land, containing about an acre, but 
 vai-ying in quantity in different provinces. A measure of land in 
 Louisiana, 
 
 Arpennis, arpenuus, arpendus, arpeutum, I. I. An arpent; an old 
 English measure of land. Various other forms of the word occur in 
 old laws and writers as arpennum, arpendium, arapennis, arepennis, 
 aripennis, aripennum, arvipennium and arvipendium. 
 
 Arra, I In the civil law. Earnest ; evidence of a completed bargain. 
 V. ArrhA, 
 
 Arrae. In old English law. Earnest v. Arra; Dum tamen, etc 
 
 Arrage, I. fr. Mad or insane, v. Home, etc. 
 
 Arrai amentum, 1. 1 In old English law. An arraying or array ; the 
 array, v. Array; Calumpniavit, etc. 
 
 Arraiare, L I In old English law. To array ; to set in order. Ar- 
 raiatus: arrayed. Arraiatio pedituiu; an arraying of foot-soldiers, 
 v. Array, 
 
 Arrai atores, I I. In old English law. Array ers; commissioners of 
 array ; oflBcers who had care of the soldiers' armor. 
 
 Arraign. To call one accused of crime to answer in form of law ; to 
 call him to the bar of the court to answer the matter of which he is 
 indicted, or, according to Lord Coke, it is to take order that he ap- \ 
 pear, and for certainty of the person, to hold up his hand, and to 
 plead a sufficient plea. v. Arraigner; Ad rationem ponere. 
 In old English law. To order, or set in order ; to conduct in an orderly 
 manner ; to prepare for trial. To arraign an assise was to cause the 
 tenant to be called to make the plaint and to set the cause in such 
 order as the tenant might be enforced to answer thereunto. To 
 bring or prosecute. The terms arrainare and arramare (qq. v.) had 
 this sense. The term arraign is applied also to the old criminal pro- 
 5 
 
66 ARRAIGN - ARRERISSEMENT. 
 
 ceeding by appeal. The word, in its application to proceedings, is 
 now obsolete. 
 
 Arraigner, I. fr. In old English law. To arraign, v. Arraign. 
 
 Arraignment. The form or ceremony of arraigning, v. Arraign. 
 
 Arrainare, arranare, arannare, I. I. In old English law. To arraign ; - 
 to conduct in an orderly manner ; to prosecute, institute or bring. 
 
 Arramare, I. I. A word of frequent occurrence in Bracton, and con- 
 stantly applied to the ancient proceeding by assise ; usually trans- 
 lated by the modern word arraign, arramare having been corrupted 
 into arrainare. v. Arraign. 
 
 Arramer, I. fr. To commence. 
 
 Ai-rainir, I. fr. To assemble. 
 
 Array. To rank or set in order. To array a panel is to rank or set 
 the jurors' names in order. 
 
 Array. A ranking or setting in order ; the order in which jurors' names 
 are ranked in the panel containing them; the panel itself; the 
 whole body of jurors summoned to attend the court v. Challenge; 
 Panel 
 
 Arrayer, I. fr. To array, v. Arayer. 
 
 Arrears, arrearages, arrerages. Money remaining unpaid after it 
 has become due ; as, rent, interest, wages, the balance of an account, 
 etc. 
 
 Arrect, arect, arret, aret, arrectare, arretare, I. I. In old English 
 law. To accuse or charge before a court; to account, reckon or 
 consider; to impute, or lay to; to lay to the charge. Arrected, 
 arretted: accused or charged. Arrected: accounted, reckoned, con- 
 sidered. V. Rectare. 
 
 Arrect, arrette, arete, I fr. Accused of crima 
 
 Arreist. An old Scotch form of arrest 
 
 Arrendare, arrendar. In old Scots law. To let at a certain rent 
 
 Arrenare, I I. To arraign. Arrenatus: arraigned, accused, v. Ar- 
 raign. 
 
 Arrant. In old English law. To let at a rent 
 
 Arrentare, I. I. In old English law. To rate or assess ; to let at a cer- 
 tain sum, or rent v. Arrent. 
 
 Arrentatio, Z. I. In old English law. A renting ; arrentation ; the 
 licensing of an owner of lands in a forest to inclose them with a low 
 hedge and small ditch, under a yearly rent 
 
 Ari'ei', I. fr. To plough, v. Arer. 
 
 Arreragium, arrieragium, I. I. In old English and Scots law. An 
 arrearage; the balance due on account; a residue or remainder; 
 rent due and unpaid, v. Arrears. 
 
 Arrere, I. fr. Behind, v. Arere; Arriere. 
 
 Arrerissement, arerisment, l.fr. Hindrance ; a hindrance ; delay ; put- 
 ting back. V. Arerissement, 
 
AEREST — ARRH A. 6 7 
 
 Arrest. To stop or stay by authority of law. To stop or detain a per- 
 son, and resti-ain his liberty until he complies with some exigency 
 of law. To stop or stay a legal proceeding ; particularly the judg- 
 ment of a court, by some rule or order of the same court. To ap- 
 prehend a person by virtue of legal process,to either hold him in cus- 
 tody, or to compel him otherwise to comply with the exigency of the 
 process. To subject a person to the operation of legal process, by 
 bringing his body within the power of the officer executing such 
 process. To take or seize property. 
 Arrest. The act of stopping or staying a person or proceeding by au- 
 thority of law. The restraint of a person's liberty by the actual 
 seizure or apprehension of his body, or otherwise, in execution of 
 some legal process. In modern practice an arrest always contem- 
 plates either an actual seizure, or, what is equivalent, a restraint of 
 the person, with a power of actual seizure if necessary. Arrest of 
 jndgment: the act of staying a judgment, after verdict, for error 
 appearing on the face of the record, 
 .irrestandis bonis ne dissipentnr, II. A writ which lay for one whose 
 cattle or goods were taken by a person who was likely to make 
 away with them and was not able to make amends. 
 Arrestare, arestare, I. I. In old English law. To arrest; to take or 
 seize a person ; to take or seize a chattel. Arrestari et imprison- 
 ari: to be arrested and imprisoned. Arrestentnr corpora eorum: 
 their bodies shall be arrested. 
 Arrestatio, I. I. In old English law. Arrestment; an arrestment or 
 
 arrest Arrestatio navinm: arrestment of ships. 
 Arrestee. In Scots law. The person in whose hands the movables of 
 another, or a debt due to another, are arrested by the process of ar- 
 restment V. Arrestment. 
 Arrester. In Scots law. The person in whose behalf process of arrest- 
 ment is issued. 
 Arrestment. In Scots law. The seizure and securing of a criminal's 
 person till he undergoes trial or gives bail. A process for securing 
 movable effects in the hands of the possessor till the property be 
 determined — a species of sequestration. A process issued by a cred- 
 itor to secure movable effects of his debtor in the hands of a third 
 person, or a debt due his debtor by such person, and to prevent a 
 transfer or payment until another process, called process of forth- 
 coming, can be obtained, v. Forthcoming. 
 Arrestum, I. I. In old English law. Arrest 
 
 Arretare, arrettare, arrectare, I. I. In old English law. To accuse or 
 charge; to summon for the purpose of accusing; to summon to an- 
 swer a charge. Arrettatl: accused or charged. 
 Arrha, arra, I. In the civil law. Earnest ; evidence of a completed 
 bargain ; proof of the contract of purchase and sale ; evidence of 
 the contract of espousals. 
 
68 AERHABO — ARTEMO. 
 
 Arrhabo, arral)0, 1. In the civil law. Earnest ; money given to bind a 
 bargain. 
 
 Arriage and carriage. Indefinite services formerly demandable from 
 tenants, but prohibited by statute 30 Geo. IL, c. 50. 
 
 Arrierban, arrierebau, fr., Arrieribannum, i I The proclamation 
 by which the arriere vassals, or inferior feudatories of a sovereign, 
 were summoned to military service ; the assembling of the vassals 
 in obedience to such summons, v. Arriere vassal. 
 
 Arriere flef, w fee. In feudal law. A dependent fief or fee ; an in- 
 ferior fief granted by a vassal of the king, out of the fief held by 
 him. V. Subinfeudation, Arriere vassal: the vassal of a vassal ; 
 one who held of a vassal of the crown. 
 
 Arrivagium, L I. In old English law. Arrivage ; arrival ; the coming 
 to a place or port ArriTaginm nayium et batelloram: a place of 
 common resort of merchants and shipping. 
 
 Arrive. To come to, or reach a place by traveling or moving towards 
 it In the law of marine insurance, to reach that' particular place 
 in a harbor which is the ultimate destination of the vessel 
 
 Arrogatio, adrogatio, I In the civil law. The adoption of a person 
 sui juris, which was done by imperial rescript v. Adoption. 
 
 Arrogator, I. In the civil law. One who adopted by arrogation. v. Ar- 
 rogatio. 
 
 Arrure, Z. fr. A ploughing ; a day's work at ploughing. 
 
 Ars, I. fr. Burnt 
 
 Ars% et pensatse, I. I. Burnt and weighed, — a term anciently applied 
 to money melted, and then weighed to test its purity, v. Arsura, 
 
 Arser or arsnre in le main, fr. In old English law. Burning in the 
 hand. The punishment inflicted on those who pleaded their clergy. 
 V. Benefit of clergy. 
 
 Arsion, arseun, arsine, I. fr. Burning. An old form of arson, q. v. 
 
 Arson. The wilful burning of the house or outhouse of another. The 
 burning and consuming of any part is sufficient to constitute arson, 
 but a mere attempt to burn by setting fire to a house, unless it ab- 
 solutely burns, is not sufficient 
 
 Arsura. In old English law. Burning, pi melting ; the trial or assay 
 by flre of coin in order to test its purity ; the loss of weight occa- 
 sioned by this process. 
 
 Art and part. In Scots law. Contriver and partner. A term used to 
 denote an accessory before and after the fact and also an aider and 
 abettor in the commission of a crime ; generally considered equiva- 
 lent to the ope et consilio (q. v.) of the Roman law. By art is under- 
 stood the mandate, instigation or advice given, while part expresses 
 the share that one takes to himself by the aid or assistance which he 
 gives. 
 
 Arte, I. fr. Bound ; compelled ; narrowed, v. Arct. 
 
 Artemo, artemou, I In the civil law. A kind of sail, used on a vesseL 
 
AETHEL — ARTICULL 69 
 
 Arlhel, arddelw, arddel, br. or w. In Welsh and old English law. To 
 avouch. 
 
 Article. A distinct part of an instrument, consisting of two or more 
 particulars. A species of pleading in the English ecclesiastical 
 courts, which is put in the form of objection or charge, as for an- 
 nulling a marriage, for depriving a clergyman of his benefice, etc. 
 A point 
 In Scots law. A subject or matter ; competent matter. 
 
 Articled clerk. A person bound by articles to eerve an attorney or 
 solicitor as a clerk for a term in consideration of instruction in the 
 principles and practice of the profession. 
 
 Articles. A writing drawn up in an articulate form, that is, under dis- 
 tinct heads or divisions ; as, a system of rules established by legal 
 authority, e. g. articles of war, articles of the navy, articles of faith 
 (qq. V.) ; a writing or instrument executed between parties, contain- 
 ing stipulations or terms of agreement, e. g. articles of agreement, 
 articles of partnership, the articles of confederation of the United 
 States; a statute, as having its provisions articulately expressed 
 under distinct heads; a complaint at law drawn up in articulate 
 form, as articles of the peace (q. v.); heads or items of judicial 
 inquiry. 
 In American law. Articles of confederation: the compact between 
 
 the original thirteen states of the Union. 
 In English law. Articles of faitli: the system of faith of the Church 
 of England, more commonly known as the Thirty-nine Articles; 
 framed by Cranmer, and revised by the convocation of 1563. Articles 
 of the navy: a system of regulations for the fleet, established under 
 the statutes 33 Geo. II., c. 33, and 19 Geo. III., c. 17. Articles ot 
 the peace: a complaint exhibited under oath to a court or to a jus- 
 tice of the peace, in order to compel a party who is meditating an 
 injury to another to find sureties of the peaca Articles o^ union: 
 articles agreed to in 1707, by the parliaments of England and Scot- 
 land, for the union of the two kingdoms. Articles of war: a system 
 of rules for the government of the army. 
 In Scots law. Articles of roup. The conditions under which property 
 is exposed to sale by auction. 
 
 Articuli, I. In old English law. Articles ; items or heads. Applied to 
 some old statutes, and occasionally to treatises, v. Articles. Artic- 
 uli ad Novas Narrationes: articles on the New Tales, — the title of 
 a small treatise on pleading, subjoined to the collection called Novae 
 Narrationes. Articuli cleri: articles of the clergy, — the title of 
 a statute passed in the ninth year of Edward II. to adjust the ques- 
 tions of cognizance then existing between the ecclesiastical and the 
 temporal courts. Articuli de nioneta: articles concerning money 
 or the currency,— the title of a statute passed in the twentieth year 
 of Edward I. Articuli Magnae Cartse: articles of Magna Charta,— 
 
70 AETICULI — ASCENDANT. 
 
 the original articles or heads of agreement upon which King John'a 
 charter was founded. Articuli super chartas: articles upon the 
 charters, — the title of a statute passed in the twenty-eighth year of 
 Edward 1, st 8, confirming or enlarging Magna Charta and the 
 Charta de Foresta, and appointing a method for enforcing the ob- 
 servance of them. 
 Articulas, I. In old English law. An article or point ; a point or mo- 
 ment of time. V. In articulo, etc.; In ipso, etc. 
 Artlflcial. Made by art; created by law; the opposite of naturaL 
 Artificial persons: persons created by law for the purposes of soci- 
 ety and government ; as, a corporation. Artiflcial presumptions: 
 presumptions of law, — presumptions, i. e., which derive from the 
 law a uniform force independent of that, which would arise from 
 the particular facts. 
 
 Arnndinetnm, 1. 1 In civil and old English laio. A place where reeds 
 grow. 
 
 .Irnra, arrura, I. I. In old English law. A or the ploughing; the< 
 labor of ploughing; a day's work at the plough. AiTuris: in 
 ploughings. 
 
 As, I. Jr. Amongst ; at ; into ; to ; with. 
 
 As, I. In the civil law. A pound weight ; and a coin originally weighing 
 a pound. Any integral sum, quantity or thing, subject to division 
 in certain proportions. The term as, and the multiples of its twelve 
 parts (uncuE), were also used to denote the rates of interest. It was 
 ' also applied to various, other things, such as land, the price of land, 
 and shares in a partnership. 
 
 As. Like ; similar ; in accordance with ; in the same manner with or in 
 which ; equally. As aforesaid: words of relation to a preceding 
 clause. As follows: the words "as follows, that is to say," are 
 equivalent to, "in the words and figures following, that is to say," 
 etc. As of: a term applied to proceedings, and to rights or estates, 
 to express sameness of legal character, effect or operation ; given in 
 the way of relation (in the case of proceedings), by mere force of 
 law, or absolutely existing (in the case of rights), in point of fact ; 
 as, to sign a judgment as of a. previous day or term. Applied also to 
 rights and estates, to denote actual and absolute verity, or same- 
 ness of legal character ; as, to say that one is possessed, etc., as of his 
 own proper goods, etc. 
 
 Asaver, I. fr. To wit; to say. v. Cest asaver. 
 
 Ascaventer, I. fr. To certify or make known. 
 
 Ascarolr, assarer, asaver, a sayer, I. fr. To be understood ; to wit 
 V. Assaver; Cest ascavoir. 
 
 Ascend. To go or pass up or upwards ; to go or pass in the ascending 
 line. 
 
 A.scendant. A person related to another in the ascending line of kin- 
 dred, as a father, grandfather, eta ; a person so related, to whom an 
 
ASCENDANT — ASS ALTUS. 71 
 
 estate ascends as the next heir; an heir in the ascending line. 
 V. Ancestor. 
 
 Asccndentes, I In the feudal law. Ascendants. Ascendentes non 
 succedunt: ascendants do not succeed. In the civil law the form is 
 adscendentes. v. Ascendant. 
 
 Ascendere. To ascend ; to go up or upwards ; to pass in the ascending 
 line of kindred. In the civil law, the form is adscendere. v. De- 
 scent. 
 
 Ascent, I. fr. Assent ; knowledga 
 
 Ascent. Passage upwards ; the passing of an estate to the heir in the 
 ascending line. 
 
 Ascerte, I fr. Certified. 
 
 Asceverer, I. fr. To affirm. 
 
 Ascient, I fr. Knowing ; knowingly. 
 
 Ascripticii, I. In old English law. A species of soke-men, or tenants 
 in ancient demesne, v. Adscriptitii. 
 
 Ascriptus, I. Enrolled ; registered, v. Adscriptus. 
 
 Ascun, ascans, I. fr. Any one ; some one. 
 
 Ascunement, I. fr. In any wise. 
 
 Aseet, assiete, I. fr. Assignment 
 
 Aseir, I fr. To sit 
 
 Aselees, I. fr. Sealed. 
 
 Ases, I. fr. Assessed. 
 
 Asondre, I. fr. To absolve. 
 
 Asoyne, asone, I. fr. Essoin, v. Essoin. 
 
 Asportare, 1. 1. In old English law. To carry away. Asportavit: [he] 
 carried away. Asportatus: carried away. v. Cepit et, etc. 
 
 Asportation. The carrying away of goods; a Carrying quite away. 
 Asportation is essential to the ofEense of larceny, but a bare removal 
 from the place in which the thing was found is enough. 
 
 Asportator, I. L In old English law. One who carries away stolen 
 goods. 
 
 Asportavit, I. I. He carried away. Sometimes used as a substantive to 
 denote a carrying away. 
 
 Ass. An abbreviation of assisa and assise. Ass. mor. ant.: an ab- 
 breviation of assisa mortis antecessoris. Ass. no. diss.: an abbre- 
 viation of assisa novce disseisince. v. Assisa. 
 
 Assach, 6r. In old Welsh law. An oath ; an oath made by compurga- 
 tors. 
 
 Assaia, assay a, I. I. In old English law. An assay or examination. 
 Assaia mensurarum et ponderum: the assay of measures and 
 weights. V. Assisa, etc. 
 
 Assaier, assayer, I. fr. To try or essay ; to endeavor or attempt As- 
 saiant: trying, essaying. Assay, assaye: endeavored. 
 
 Assallire, 1 1. In the feudal law. To assault v. Adsallire. 
 
 Assaltns, L I. In old English law. An assault v. Insultus, 
 
72 ASSART — ASSEMBLY. 
 
 Assart. To pull up by the roots ; to clear land of trees, thickets, etc., 
 and prepare it for, or reduce it to, tillage, v. Assartare. 
 
 Assart, essart. In English law. An offense committed in the forest, 
 by pulling up the thickets and coverts for the deer, and making the 
 land plain, as arable land; the land so cleared; land grubbed up 
 and made fit for tillage. 
 
 Assartare, assartare, exartare, 1. 1 In old English law. To assart, or 
 remove by the roots ; to clear land. Assertare et in cnltnram re- 
 di^ere: to assart and reduee to cultivation, Assertatam: assarted 
 or cleared. 
 
 Assartnm, essartnm, exartnm, 1. 1, In old English law. Assart ; land 
 cleared of its wood and converted to tillage. Sometimes termed 
 disbocatio. 
 
 Assassination. Murder committed for hire; murder by surprise or se- 
 cret assault ; murder by sudden violence. 
 
 Assath, assaith. An old custom of purgation in Wales, by which an 
 accused person cleared or purged himself by the oaths of three 
 hundred men, 
 
 A.ssault. An attempt, real or apparent, by one person to do physical in- 
 jury to another coupled with power, real or apparent, to injure ; as, 
 presenting a gun, lifting a cane or the fist in a threatening manner, 
 striking but not hitting, v. Battery. 
 
 Assaver, I fr. To be known ; to make known ; to give notica An old 
 form of ascavoir, q. v. 
 
 Assavoir, I. fr. To make known ; to certify. 
 
 Assay. In old English law. An examination, proof or trial: as, of 
 weight and measures ; of certain commodities, as bread, cloths, etc. ; 
 of the purity of metals and of coined money. This last is the sense 
 in which the word is now exclusively used. v. Assaia. 
 
 Assayator, 1. 1. In old English law. An assayer. Assayator regis: the 
 I king's assayer. 
 
 Assaysiare, I. I. To associate ; to take or select as fellow- judges, or 
 consessors. 
 
 Assecurare, adsecnrare, 1. 1 In old English law. To make secure ; to 
 assure or secure by pledges, or any solemn interposition of faith ; 
 to confirm or establish, v. Adsecurare. 
 
 Assecnratio, adsecuratio, I. I. Assurance ; a making secure. 
 In old maritime law. Assurance or insurance of a vessel or cargo ; a 
 contract for the safe transportation of things for a certain premium ; 
 a voyage insured, v. Assurance. 
 
 Assecurator, 1. 1. In maritime law. An insurer. 
 
 Assedation. In Scots law. A setting or letting for hire. Another 
 name for a tack or lease. 
 
 Assembly, unlawful. The meeting of three or more persons to do an 
 unlawful act ; any meeting of great numbers of people, with such 
 circumstances as cannot but endanger the public peace, and excite 
 alarm in the neigborhood. 
 
ASSENER — ASSETS, 73 
 
 Assener, I /r. To assign, v. Assigner, 
 
 Assent. Agreement to or approval of an act or thing done, as consent 
 is agreement to a thing to be dona v. Consent. 
 
 Assenter, I Jr. To assent 
 
 Asseour, I. fr. An assessor. 
 
 Asser, asseer, asseoir, I. fr. To settle or fix ; to ascertain or assesa 
 
 Asserta, 1.1. In old English law. Assart ; an assart, v. Assart, 
 
 Assertare, I I In old English law. To assart Assertatnm: assarted. 
 V. Assart. 
 
 Asserte, I, fr. Assart ; cleared land. 
 
 Asses, assez, I fr. Enough ; an equivalent ; satisfaction or compensation. 
 
 Assess. To adjust or proportion ; to fix or settle a sum to be levied or 
 paid ; to rate or fix the proportions of a tax ; to impose a pecuniary 
 payment upon persons or property ; to value, in order to tax ; the 
 terms to assess and to tax were anciently used as expressive of nearly 
 the same idea. The damages in a cause were said to be assessed and 
 taxed, and the jury in a cause were frequently said to tax the dam- 
 ages. Afterwards a distinction was made, the jury being said to 
 assess the damages, and the court to tax the costs ; and this dis- 
 tinction has been preserved, v. Assessment. 
 
 Assesse, asses, I. fr. Assessed ; afifeered. 
 
 Assessment. An adjustment or proportioning of one thing to another ; 
 the fixing or settling of a sum to be levied or paid ; the adjustment 
 of the proportions of a tax to be levied ; taxation in general ; valua- 
 tion of property for the purpose of taxation ; a pecuniary imposition 
 upon persons or property by way of tax ; a tax for a local object or 
 purpose ; a local tax apportioned according to a supposed relation 
 between burden and benefit The word is thus used in two distinct 
 senses, viz. : the sense of process, and the sense of result There is a 
 distinction also between assessment and tax, though in the broadest 
 sense they are one and the same, and rest upon the power to tax, an 
 assessment more strictly being an imposition for improvements bene- 
 ficial to particular persons or property and proportioned to the bene- 
 fit, while a tax is a burden imposed on all property-owners without 
 regard to benefits. 
 
 Assessor, pl. assessores, adsessores, I. In the civil law. A person 
 who sat with a judge or magistrate for the purpose of assisting him 
 with advice. 
 
 Assessor. An officer chosen or appointed to assess property, v. Assess, 
 
 Assessors. In Scots and English law. Persons skilled in the law, ap- 
 pointed to advise and direct the decisions of the judges of inferior 
 courts. V. Assessores. 
 
 Assets. Property in the hands of an executor, etc., available for pay- 
 ment of debts and legacies of the testator, etc. ; property of a bank- 
 rupt or insolvent, available for payment of his debts. In a large 
 sense, the property or effects of anj' person, company or corporation, 
 
74 ASSETS — ASSIGNATOR. 
 
 available for the payment of his or its liabilities. Assets entre 
 mains: assets in hand ; assets in the hands of executors or adminis- 
 trators, applicable to the payment of debts. Assets per descent: 
 assets by descent, — lands in the hands of an heir chargeable with 
 the payment of the debts of the ancestor ; otherwise called real as- 
 sets. Equitable assets: assets which creditors can reach only 
 through a court of equity. Legal assets: assets in the hands of the 
 executor or administrator which maybe reached by an action at 
 law. V. Marshaling. 
 
 Assewiare, I. I. To drain water from marshy grounds. 
 
 Assez, ascez, assetz, assietz, asses, I. fr. Enough ; sufficient. Assez 
 affer: enough to do. v. Asses. 
 
 Assidere, I. In the Roman law. To act as an assessor, v. Assessor. 
 
 Assldere, 1. 1. To assess ; to fix, settle, define, determine or reduce to a 
 certainty, in point of time, number, amount, etc. Assidere, taxare 
 et leTare: to assess, tax and levy. Assiderunt et taxarunt: they 
 assessed and taxed. Assessus: assessed. Assidenda: to be assessed ; 
 to assign or appoint a time. 
 
 Assign. To transfer, to make or set over: as, to assign property or 
 some interest therein, or to assign prisoners in custody. To appoint 
 or designate for a particular purpose or duty ; as, to assign judges to 
 take the assises, to hold pleas, to make gaol delivery, to keep the 
 peace, etc., to assign a prisoner counseL To appoint a time : as, to 
 assign a day. To point out; to set forth or specify ; to mark out or 
 designate : as, to assign errors ; to assign breaches of a covenant ; 
 to assign false judgment ; to assign waste ; to assign a perjury. 
 
 Assign. An assignee ; a person to whom property or a right or interest 
 is transferred by another. Now rarely used, though the plural 
 assigns is still retained in deeds and other instruments, v. Assignee; 
 Assigns. 
 
 Assignable. Capable of being assigned or transferred; transferable; 
 negotiable. 
 
 Assignare, I. In the civil law. To assign, allot or appoint Assignare 
 libertum: to assign a freedman to a particular child. 
 
 Assignare, I. I. To assign ; to transfer or make over ; to allot, appoint 
 or designate ; to mark out, set off, allot or set over : as, a widow's 
 dower. Assignavimus vos justitiarios nostros, ad inquirendum: 
 we have assigned you our justices to make inquiry. AsslgnaTlmus 
 ad Itinerandum: we have assigned to itinerate. 
 
 Assignatl, Z. Z. In old English law. Assigns; assignees, y. Assigns. 
 
 Assign atlo, I. In the civil and old English law. An assigning or as- 
 signtnent. Asslgnatlo dotis: assignment of dower. 
 
 Assignation. In Scots law. An alienation or conveyance, particularly 
 of a debt or movable subject ; an assignment 
 
 Asslgnator, I. In the civil law. An assigner or assignor ; one who as- 
 signs. 
 
ASSIGN ATUS — ASSIS. 75 
 
 Assignatns, I In old English law. An assignee, or assign. A person 
 assigned or appointed to a particular duty. Assignatas ntitur jure 
 aoctoris: an assignee uses the right of Iiis principal ; an assignee is 
 clothed with the rights of his principal. 
 In the civil law. A person assigned or set over to another ; as, a 
 freed man to a particular child. 
 
 Assig'nay, assigney, o. sc. In Scots laio. An assignee. 
 
 Assignee, assign. A person to whom a right or property is transferred. 
 In old law, a pei'son deputed or appointed by another to do any act, 
 or perform any business. Assignee by deed: a person to whom some 
 right, title or property is assigned by deed or instrument in writing. 
 Assignee in law: a person to whom some right or property is trans- 
 ferred, or upon whom it devolves by the mere operation of law ; as, 
 an executor or administrator, v. Assigns. 
 
 Assignement, assignment, 2. /r. Assignment; an assignment. 
 
 Assigner, assiner, assener, I. fr. To assign. Assigner faux serement: 
 to assign perjury. 
 
 Assignment. A transfer or making over of any property real or per- 
 sonal, in possession or action, or of any estate or right therein : as, 
 of an estate in lands ; of a chattel personal, an equitable interest or 
 a chose in action ; a bill of exchange, promissory note, or check, by 
 mere delivery or by writmg ; ot all or a part of the property of a 
 debtor in trust for the benefit of creditors, v. Voluntary assign- 
 ment. Assignment of dower: the ascertaining and setting out of a 
 widow's share in the estate of her husband. Assignment of errors: 
 the statement of the plaintiff's case on a writ of error, setting forth 
 the errors complained of. 
 
 Assignor. One who makes an assignment 
 
 Assigns. Nearly or quite synonymous with assignees, but now confined 
 to conveyancing. Where a grantor covenants for himself, his ex- 
 ecutors, administrators and assigns, the word means any person to 
 whom the property or interest described in the deed may happen at 
 any future time to be assigned, either by deed or by operation of 
 law ; and it includes not only assignees, properly so called, but ex- 
 ecutors and administrators, the assignee of an assignee in per- 
 petuum, the heir of an assignee, the assignee of an heir, the assignee 
 of an assignee's executor, and a devisee, but not involuntary as- 
 signees, as assignees in bankruptcy. In a policy of insurance it 
 means one who becomes the assignee of the policy, with the assent 
 of the insurer, not any one who takes an interest in the property 
 from the insured. 
 
 Asslgny. In Scots law. An assignea 
 
 Assilire, L In feudal law. To assault ; to attack. 
 
 Assis, assisOi asays, 2. fr. Fixed, setv appointed; aSeered, assigned; 
 situated. 
 
76 ASSISA — ASSISE. 
 
 Assisa, I. I. In old English and Scots law. An assise ; a species of jury 
 or inquest (distinguished from the common /itroto, or jury, though 
 often turned into it) ; a species of writ or real action ; a court, or the 
 sittings of a court ; a statute, ordinance or law ; a fixed time ; a fixed 
 number ; a specified or determinate quantity, quality, price, etc., re- 
 quired by law in certain commodities ; a tax or tribute fixed by law ; 
 a fine or mulct. Assisa armorum: assise of arms; a statute re- 
 quiring the keeping of arms for the common defense. Assisa 
 cadere: to fail in an assise; to be nonsuited. Assisa continaaudo: 
 an ancient writ directed to the justices of assise to continue a cause 
 to give time to produce records. Assisa de Clarendon: the assise 
 of Clarendon ; a statute or ordinance of the tenth year of Henry IT., 
 giving time to accused persons about to abjure the realm to procure 
 the means of support in exile. Assisa de mensnris: assise of measr 
 ures ; a common rule for weights and measures established in the 
 eighth year of Richard L Assisa de nocnmento: assise of nuisance 
 q. V. Assisa et assaia panis: the assise and assay of bread. Assisa 
 forestse, or de foresta: assise of the forest ; a statute or ordinance 
 of the thirty-fourth year of Edward I. concerning the royal foresta. 
 V. Ordinatio forestoe. Assisa friscae fortise: assise of fresh force, 
 q. V. Assisa generaiis: an old name of parliament Assisa jnris 
 ntriim: assise of utrum, q. v. Assisa mortis antecessoris, or de 
 morte antecessoris: assise of mort d' ancestor, q. v. Assisa novae 
 disseysinse, or de nova disseisina: an assise of novel disseisin, 
 q. V. Assisa panis et cere visia): assise of bread and ale or beer; a 
 statute of 51 Henry III. regulating the sale, etc. Assisa proro- 
 ganda: a writ to stay proceedings at the assises because one of the 
 parties was engaged in the king's business. Assisa nltimae prsesen- 
 tationis, or de ultima presentatione: an assise of darrein presents 
 ment, q. v. Assisa venalium: the assise of commodities salable 
 or exposed for sale. Assisa venit recognitura, or ad recoguoscen- 
 dum: the assise comes or came to recognize. Assisse statntSB et 
 juratse: assises, ordained, and sworn [to be kept], v. Assise; Grand 
 assise. 
 
 Assisatum, I. I. In old English law. Fixed or established ; ordained. 
 
 Assise, I fr. Situated, v. Assisus. 
 
 Assise, assize. In English law. A species of jury ; a jury consisting of 
 a certain number of men, usually twelve, summoned to try a cause, 
 and who sit together for that purpose ; they are of two kinds, grand 
 and petite, v. Grand assise; Petite assise. A species of writ or real 
 action to determine the right of possession of lands and to recover 
 possession ; the verdict upon such a writ ; the entire proceeding in 
 court upon such a writ A court ; the sittings of a court A stat- 
 ute, or an ordinance. Anything fixed, or reduced to a certainty in 
 point of time, quantity, quality, weight, measure, number, etc. A 
 
ASSISE -ASSITH. 77 
 
 fine. A tax or tribute. Assise of darrein presentment: an assise 
 ■which lay for a tenant in fee or in tail, where he or his ancestors 
 had presented or had the last presentation to a church, and the 
 clerk had been instituted, and the plaintiff was afterwards hin- 
 dered in presenting to the same church ; also for a tenant for life 
 or years, if he had himself presented. Assise, or bill of fresh 
 force: a writ which lay by the usage and custom of a city or bor- 
 ough, where a man was disseised of his lands and tenements in 
 such city or borough, — so called because it was to be sued within 
 forty days after accrual of title. Assise of mort d'ancestor: a pos- 
 sessory writ founded on the possession of the ancestor, which lay 
 for the heir, where his father, mother, brother, sister, uncle, aunt, 
 nephew or niece was seized in fee of any lands, tenements or rents, 
 and died being so seized, and a stranger, after such death, abated. 
 'Assise of noTel disseisin: a writ or action which lay where a ten- 
 ant in fee-simple, fee-tail or for life was disseised of his lands, tene- 
 ments or hereditaments, — so called because an assise upon a disseisin 
 committed after the last eyre, a disseisin committed before being called 
 an ancient disseisin. Assise of nuisance: an assise or writ which 
 lay to remove a nuisance, and to recover damages. Assise of ntrum: 
 an assise which lay for a parson, prebendary or vicar to recover 
 lands and tenements, belonging to the church, which were alienated 
 by the predecessor ; or of which he was disseised ; or which were 
 recovered against him by verdict, confession or default, without 
 praying in aid of the patron and ordinary ; or on which any person 
 had intruded since the predecessor's death. 
 
 Assises, assizes. In English law. Sessions of court of assise or as- 
 size and nisi prius, formerly held by two or more commissioners 
 called judges of assise, or of assise and nisi prius, who were twice 
 in every year sent by the king's special commission on circuits all 
 round the kingdom, to try by a jury of the respective counties the 
 truth of such matters of fact as were in dispute in Westminster 
 Hall These commissioners were judges of the superior courts of 
 common law, the successors of the ancient justices in eyre, and 
 usually made their circuits in the vacations after Hilary and Trinity 
 terms. Assises, or assizes, de Jerusalem: a code of feudal juris- 
 prudence, compiled in 1099, after the conquest of Jerusalem, for the 
 kingdom of Jerusalem, then newly established. 
 
 Assisores, 1. 1. Anciently, persons who settled assises, or imposed taxes. 
 
 Assisors, assysers. In Scots law. Jurors. 
 
 Assisus, assisa, I. I. In old English law. Fixed or certain ; situated. 
 Assisns reditus: a fixed, certain, set or standing rent. 
 
 Assistance. Aid ; furtherance. A writ issued out of chancery to exe- 
 cute a decree for the possession of land. 
 
 Assith, so. In old Scots law. To indemnify. 
 
78 ASSIZE — ASTRAEIUS. 
 
 Assize. In old English law. To fix ; to regulate ; to assess. 
 
 Assize. In Scots law. A jury. 
 
 Association. The union of a number of persons for the attaining of 
 some common object ; a company or society not incorporated. 
 In English laic. A writ or patent addressed to the justices of the as- 
 size commanding them to take others, usually learned Serjeants or 
 clerks of the assize, as associates, — granted at suit of a party when 
 a justice dies or is disabled. 
 
 Assoigne, I. Jr. Essoin ; excuse. 
 
 Assoile, assoyle, assoiler, fr. In old English law. To deliver from 
 excommunication ; to acquit ; to absolve. 
 
 Assoilzie. In Scots law. To acquit the defendant in an action ; to find 
 an accused person not guilty ; to declare a finding of not guilty ; to 
 declare or pronounce innocent 
 
 Assoinzie, sc Excuse. 
 
 Assoneor, I. fr. An essoiner. 
 
 Assoner, I. fr. To essoin. Assonee: essoined. 
 
 Assonldre, assoudre, I. fr. To absolve ; to acquit 
 
 Assouth, assons, /. fr. Quit ; free ; discharged. 
 
 Assoyl, I. fr. To forgive ; to pardon ; to absolva 
 
 Assnltus, I. An assault 
 
 Assume. To undertake, v. Assumpsit. 
 
 Assumpsit, 1. 1. He assumed ; be undertook, i A parol promise, contract 
 or undertaking ; the name of an action on the case, which lies for a 
 person injured by non-performance of such a promise. Assumpse- 
 runt super se: they took upon themselves ; they undertook. Assump- 
 sit pro rata: he undertook agreeably to the proportion, v. Express 
 assumpsit; Implied assumpsit; Indebitatus assumpsit. 
 
 Assurance, assurantia, I. I. An instrument of conveyance ; an instru- 
 ment used as evidence of title to land. A making sure or secure ; 
 hence its application to contracts of insurance, v. Collateral assur- 
 ance; Common assurance; Future assurance; Insurance. 
 
 Assnrare, I. I. In old pleading. To assure. 
 
 Assure. To make sure, or secure; to confirm; to insure; to convey. 
 V. Assurance. 
 
 Assure, fr. Assured ; the assured or insured. 
 
 As'sys, I. fr. Assessed or affeered. 
 
 Assythment, assithment. In Scots law. Indemnification for killing, 
 maiming or laming a person ; an indemnification due from a mur- 
 derer to the heirs of the murdered person, recovered by an action 
 brought by the heirs or the personal representatives. 
 
 Astate, atat, I. fr. Estata 
 
 Astitution. An arraignment,— formerly sometimes so called, y. Ar- 
 raignment. 
 
 Astmrius, I. I. In old English law. The occupant of a hearth or house; 
 a person in actual possession ; a son who lived in his father's family, 
 
ASTEARIUS — ATRIAMENTUM. 79 
 
 Astrarius hseres: an heir placed by the ancestor in the house which 
 he was to inherit 
 
 Astre, I. Jr. A hearth or fire-place ; a house. 
 
 Astrer, I. fr. In old English law. A householder ; belonging to, or 
 born in one's house. 
 
 Astrict. In Soots law. To bind. 
 
 Astriction. In Scots law. A servitude by which the grain growing on 
 certain lands is required to be carried to a certain mill to be ground. 
 
 Astrihilthet, sax. In Saxon law. A penalty of double the damages 
 for breach of the king's peace. 
 
 Astrum, I. I. A house, or place of habitation. 
 
 Astute, astnti, I. Acute ; of nice discrimination. Courts are said to be 
 or not to be astute in particular cases ; as, astute to find reasonable 
 distinctions to unreasonable rules ; not astute to infer fraud or wrong. 
 
 At, ad, I fr. Hath. 
 
 At, et, I. fr. And. 
 
 At, atte, ate. A part of early English surnames, usually distinctive of 
 the place from which the name was taken : as, Johan' Atte Gras- 
 chirch. It gradually became changed into a or of, and finally dis- 
 appeared. 
 
 At. Primarily it expresses relations of presence, nearness in place or 
 time or direction toward. At and from: words in policies of ma- 
 rine insurance, the meaning of which depends on the situation of 
 the vessel when the insurance is effected. At any time: ever ; some 
 time ; at all times. At bar: before the court At large: not hm- 
 ited to any particular matter,, person or place ; unconfined, or un- 
 restrained, as an animal in the exercise of its natural freedom. At 
 law: according to law ; by, for, or in law. At sea: out of the limits of 
 any port or harbor on the sea coast At sight: in view ; on presen- 
 tation, — applied to bills of exchange. 
 
 Ategar, sax. A lance or javelin. 
 
 Ateigner, I. fr. To come to or at ; to attain ; to amount to, 
 
 Atha, athe, I. I In Saxon law. An oath ; the power or privilege of 
 exacting and administering an oath. 
 
 Atheist. One who does not believe in a God ; one who denies the ex- 
 istence of God. 
 
 Atia, atya, acia, acya, hatia, hatya, 1. 1. In old English law. Malice, 
 hate or hatred. 
 
 Atilium, attilinm, I. I. In old English law. Tackle ; the rigging or 
 tackle of a vessel. Atilia: the tackle or harness of a horse, cart 01 
 plough. Atilio decenti: with suitable tackle. 
 
 Atramentum, Z. In old English law. Black fluid used in writing ; ink. 
 
 Atrenche, attrenche. v. Tout atrenche. 
 
 A tret, I. fr. Drawn aside. 
 
 Atreys, I. fr. Other. 
 
 Atriamentam, I. I. In old English law. A court-yard. , 
 
80 ATRIUM — ATTAINDER. 
 
 Atrium, I. A court before a house ; a churchyard 
 
 Attach. To take or apprehend by cominandment of a writ or precept, 
 commonly called an attachment, and keep for presentment in court. 
 Applied to both persons and property, v. Attachment; Arrest. 
 
 Attache, /r. Attached to; connected with: as, to or with a foreign 
 legation. 
 
 Attachiamenta bonorum, I. A distress formerly levied upon the goods 
 of one sued for a personal debt, as a security to answer to the action. 
 
 Attfichlaiuentam, I. I. In old English law. An attachment 
 
 Attachiare, 1. 1. In old English law. To attach ; to attach a person ; to 
 attach property. Attachiabitur: he shall be attached. 
 
 Attachment. A taking or seizure of a person or property by virtue of 
 a legal process; the writ or process upon which such taking or 
 seizure is mada An attachment against the person is a writ or pro- 
 cess in the nature of a criminal proceeding, issuing out of a court of 
 record against a person who has committed some contempt of court 
 The object and effect of the attachment is to bring the party peraon- 
 ally into court, where, unless he clears himself of the contempt, he 
 is punished by fine or imprisonment, or both. An attachment 
 against property is of several kinds ; as, (1) The old process of at- 
 tachment in English practice, by which a defendant's goods were 
 seized as a distress or means of compelling appearance in an action ; 
 (2) An ancient mode of procedure under the custom of London, by 
 which a debt due a debtor by a third person, termed a garnishee, 
 might be seized and appropriated to the payment of a creditor's de- 
 mand ; (3) A species of mesne process peculiar to the practice of 
 some of the eastern states, by which goods, etc, of a defendant are 
 seized at the beginning of a suit and held as security to satisfy 
 such judgment as the plaintiff may recover, — originally the same 
 with the English process; (4) A process arising out of the cus- 
 tom of London above mentioned, but now regulated by statute, 
 against the property of absent, absconding, concealed and non-resi- 
 dent debtors, otherwise called foreign attachment, and in some cases 
 domestic attachment A species of this process is termed garnish- 
 ment, and in some states trustee process and factorizing process. 
 Attachment of privilege: a process by which a person privileged 
 to litigate in a certain court, for instance an attorney or a court oflB- 
 cer, calls another into such court to answer to an action ; a writ, 
 also, issued to apprehend a person in a privileged place. Attach- 
 ments, court of: the lowest of the forest courts, v. Court; Con- 
 tempt; Domestic attachment; Factoring: Foreign attachment; Oar- 
 nishm^nt; Trustee process. 
 
 Attainder. The extinction of civil rights and capacities which took 
 place upon judgment of death or outlawry for treason or felony. 
 This included the forfeiture of property, the corruptioir' of blood 
 60 that nothing could pass by inheritance to or from the person, 
 
ATTAINDER — ATTERMINEZ. 81 
 
 inability to sue or be sued, and inability to bear witness in a court of 
 law. 
 
 Attaint. In old English law. A writ which lay to inquire whether a 
 jury had given a false verdict, in order that the judgment might be 
 reversed. The inquiry was made by a grand assise or jury of twenty- 
 four, and if they found the verdict false, the judgment was that the 
 jurors should become infamous, forfeit their goods and the profits 
 of their lands, and be imprisoned, that their wives and children 
 should be thrust out of doors, that their houses should be razed, 
 their trees extirpated, and their meadows ploughed up, and that the 
 plaintiff should be restored to all that he lost by the verdict 
 
 Attaint, atteint, attaynt, taynt, I. fr. In old English law. Attainted ; 
 convicted or f oufid guilty of some offense ; defeated in an action. 
 Attain de disseisin: convicted of disseisin. Attaintes pur serfs: 
 found by verdict to be villeins. 
 
 Atteignalment, ateisament, atteynement, atteynanment, I fr. Ef- 
 fectually ; strenuously ; to remain forever. 
 
 Atteindre, I. fr. To attaint, to convict ; attainder, conviction. To at- 
 tain, to obtain ; to meet ; to abide by. Atteint, atteynt, atteyntc, 
 atteintz: attaint, attainted ; convicted, found guilty ; proved ; ad- 
 judged. 
 
 Attempt. An act of endeavor to do a particular thing, with intent, by 
 means of that act in whole or in part, to do it ; more particularly an 
 act of endeavor to commit some offense, carried beyond mere prep- 
 aration, but falling short of actual commission. 
 
 Attendant. In old English law. Owing a duty or service to another ; 
 waiting or depending upon another. .Attendant terms: leases or 
 mortgages for a long period, as a thousand or two thousand years, 
 held by the owner of land or by his trustee as a distinct and addi- 
 tional title, to make his estate more secure, — in the United States 
 treated not as attendant terras but as personalty, and in England in, 
 large measure obsolete. 
 
 Attentare, attemptare, I. I. In old English law. To attempt At- 
 temptarent: should attempt Attentat: he attempts, v. Attentat. 
 
 Attentat, I. In canon and civil law. A thing wrongfully innovated or 
 attempted in a suit by an inferior judge, or judge a quo, pending 
 an appeal. 
 
 Atterminare, Z. I. In old English law. To adjourn; to put off to an-- 
 other term. Atterminata,— posita ad talem terminnm: ad- 
 journed, — put to such a term. Atterminent qnerentes: the plaint- 
 iffs may adjourn. 
 
 Atterminatio, 1.1. In old English law. Determination. 
 
 Atterminement, I. fr. Respite ; adjournment ; attermination. 
 
 Atterminer, I. fr. To adjourn ; to respite ; to delay. To grant further 
 time for the payment of a debt. 
 
 Atterminez, 2. fr. Determinable ; respited. 
 6 
 
82 ATTBRMINIITG — ATTORN ATUS. 
 
 Attermining. In old English law. A putting off ; the granting of a 
 time or term, as for the payment of a debt 
 
 Attest. To witness or testify; to bear witness to; to witness by ob- 
 servation and signature. 
 
 Attestation. The act of witnessing the execution of a written instru- 
 ment and subscribing one's name in testimony of the act. Attesta- 
 tion clause: the clause to which the signature of the witness is ap- 
 pended, importing the act so done. 
 
 Attestor of a cautioner. In Scots law. A person who attests the suf- 
 ficiency of a cautioner, and agrees to become subsidiarie liable for 
 the debt. 
 
 Atteynte, ?. /)•. Attaint; an attaint 
 
 Attilamentnni, attile, I. I. In old English law. Tackle ; rigging ; fur- 
 niture; equipment 
 
 Attilatus, I. I. In old English law. Harnessed; tackled. Attilatus 
 equns: a horse with his gears or harness on, for the work of the cart 
 or plough. 
 
 Attiles, I. fr. Stores. 
 
 .Vttiliuin, p2. attilia, atilia, I I. In old English law. The rigging or 
 tackle of a ship. v. Aiilium; Actilia. 
 
 Attilment, Z. /n Equipment; fitting out 
 
 Attincta, I. I. In old English law. An attaint Attinctus: attainted. 
 
 Attingere, I. To touch or reach to: to amount to. Atting:entia: 
 amounting to. Attingunt se, or atting. se: they amount to. v. In 
 toto se attingunt. 
 In the civil law. To touch ; to reach to ; to be allied to ; to be united 
 or connected with. 
 
 Attitles, I. fr. Assigned. 
 
 Attorn, atturn. To consent to the transfer of a rent or reversion. A 
 tenant is said to attorn when he agrees to become the tenant of the 
 person to whom the reversion has been granted, v. Attornment. 
 
 Attorn, attnrn, attornare, atturnare, I. l, Attorner, I. fr. In old 
 English law. To put in one's place ; to appoint a substitute or attor- 
 ney. 
 
 Attorn, attnrn, attornare, atturnare, 1. 1. In feudal law. To attorn ; 
 to transfer or turn over. To consent to a transfer ; to transfer one's 
 self or one's services. Attornare rem: to attorn or turn over a 
 thing, as money and goods ; i. e. to assign or appropriate them to 
 some particular use and service. Attornare servitium tenentis: to 
 attorn the service of a tenant 
 
 Attornamentum, atturnamentum, 1. 1. In old English law. Attorn- 
 ment V. Attornment. 
 
 Attornatio, 1. 1. In old English law. An attornment 
 
 Attornatus, atturnatus, ab., Attorn., Z. I. In old English law. One 
 who is attorned, or put in the place of another ; a substitute ; an at- 
 torney. Attornatus Tel procurator: an attorney or procurator. 
 
ATTORN ATUS — AUCTIO. 83 
 
 Attornati et appreuticii: attorneys and apprentices, v. Actor- 
 natus; Attorney; Attorney at law; Atiurnatus. 
 
 Attorns, I. fr. In old English law. An attorney. 
 
 Attorney, atturney, attournej', Attornatus, atturnatus, I I., Attorne, 
 atturne, attonrne, I. fr. One who has authority to act for another. 
 Attorney at large: an attorney who practices in all the courts. 
 Attorney at law: an attorney who has authority to act for another 
 in matters of law, particularly in conducting suits; an attorney 
 whosle office it is so to act publicly and generally for any who may 
 employ him. Attorney-general: the chief law officer of the state or 
 government ; in old practice, a general attorney, or an attorney hav- 
 ing authority to appear in all suits in all courts or at a particular 
 circuit, or for a specified time. Attorney in fact: a private attorney 
 having authority to act in a particular matter or in the transaction 
 of business not legal generally. Attorney special: in old practice, 
 an attorney employed in one or more causes specified or belonging 
 to a particular court 
 
 Attornment. The act of a tenant in consenting to a transfer of the re- 
 version and in aiiflmowledging the new landlord. The act of a donee 
 in tail, or a tenant for life or for years, in consenting to a grant of 
 the reversion or the remainder. Though attornment is not practiced 
 in the United States, the term is still applied to the acts of tenants in 
 somewhat the old sense. 
 In feudal and old English laiv. Attornamentnm, attornaiio, I. l, 
 Attournance, l.fr. A turning over or transfer by a lord of the 
 services of his tenant to the grantee of his seigniory ; a transfer by 
 the tenant of his services to the grantee or new lord ; a tenant's ac- 
 knowledgment or acceptance of the grantee as his lord, in place of 
 the former loi-d. v. Attorn; Attornare. 
 
 Attraire, attrer, I. fr. To draw to. 
 
 Atturnatus, I. I. In old English law. An attorney, v. Attorney. 
 
 Atturne, I. fr. An attorney. 
 
 Atturner, Z. /r. To attorn. 
 
 Atturney. An attorney, v. Attorney. 
 
 Atya, I. I. In old English law. Hatred. 
 
 Au, I. fr. At ; for : to ; until. Au aumone: for alms. An besoiu: in 
 case of need, — a phrase used in the direction of a bill of exchange 
 naming a person to whom application may be made for payment in 
 case the drawee refuses or fails to pay. Au bout de compte: at the 
 end of the account ; after all. Au ceo temps: until this tima Au 
 ces temps: at that time. Au dernter: at last Au pluis: at most 
 Au quel: to whom or which. Au temps: at the time. Au tiel 
 forme: in such manner. 
 
 Aubaine, aubaigne, fr. v. Droit d'aubaine. 
 
 Auceps syllabarum, I. A catcher of syllables ; a quibbler. 
 
 Auctio, 2. In the civil law. An auction ; a public sale. 
 
84 AUCTION — AUGMENTATION. 
 
 Auction. A public sale at which the persons who desire to buy succes- 
 sively bid an increasing price, and at which the highest bidder is de- 
 clared the buyer. 
 
 Anctionarins, auxionarius, I. I In old English law. A seller ; a re- 
 grater ; a retailer ; a broker ; one who bought as well as sold ; or a 
 person who loaned money; an auctioneer, in the modern sense. 
 vi Auctioneer. Auxiouarii et auxionatrices panis, cervlsiiB, et alia- 
 rum rerum: retailers (male and female) of bread, ale and other 
 things. Auctionarii, quos Ai^gli brokers decimus: auctioneers, 
 wliom we English call brokers. 
 
 Auctioneer. A person who conducts an auction or public sale. 
 
 Auctor, auctour, I fr. A plaintiff. 
 
 Auctor, L In the civil law. One from whom some right passes ; an 
 author or source of right or title ; as, a grantor, assignor, etc One 
 by whose authority a thing is done ; a principal. 
 
 Anctoritas, I In the civil law. Authority. 
 
 Auctorizare, I. I. In old English law. To authorize. Auctorlzati: au- 
 thorized. 
 
 Aucun, aucon, augune, acone, akune, I. fr. Some ; some one. Aacane 
 foits: sometimes. Aucunement: somewhat 
 
 Aucupium, I. In old English law. A catching at ; a taking advantage 
 of trivial mistakes, or oversights. Aucupia verbornin sunt judiee 
 indigna: catchings at words are unworthy of a judge. 
 
 Audi alteram partem, I. Hear the other side. ^ 
 
 Audience court. In English ecclesiastical law. A court of the Arch- 
 bishop of Canterbury, of equal authority with the arches court, 
 though inferior in both dignity and antiquity. 
 
 Audiendo et terminando, I. To hear and determine, v. Oyer et ter- 
 miner. 
 
 Audita querela, I. I. The complaint having been heard. A writ 
 which lies for a defendant against whom judgment is recovered, 
 and who is thus in danger of execution, or perhaps in execution, to 
 prevent or recall the execution for some matter of discharge which 
 has happened since the judgment. It is now seldom resorted to ; the 
 relief sought being generally to be had on motion supported by affi- 
 davit. 
 
 Auditor, l, Auditor. An officer or person whose business is to examine 
 and verify the accounts of persons intrusted with money ; a person 
 appointed by the court to take and state an account. 
 
 Auditores compoti, I. I. In old English law. Auditors of account. 
 
 Auditus, I. I. In old English law. Hearing ; oyer, which was anciently 
 an actual hearing, v. Et petunt, etc. ; In auditu, etc. ; Oyer. 
 
 Augmentation. In old English laiv. The increase of the crown reve- 
 nues arising from the suppression of religious houses, 27 Henry VIII. 
 The court then erected to determine controversies concerning the 
 lands of such houses. 
 
AUGUSTA — AUTHENTICS. 85 
 
 Ang'usta, I. In the Roman law. The title at first of the wife of the 
 emperor, but flnally of the mother, wife, sister or daughter of an 
 emperor. Augusta legibus solnta non est: the empress or queen ia 
 not privileged or exempted from subjection to the laws. 
 
 Aula, haula, halla, I. I. In old English law. A hall, or court; the 
 court of a baron, or manor ; chief mansion house ; the usual ap- 
 pendage of a manor ; the hall of a house, in the modern sense. 
 Aula regia, or regis: the king's hall, or palace ; a court established 
 by William the Conqueror in his own palace, which was for a time 
 the supreme court of the kingdom, but was finally divided into the 
 three common-law courts and the court of chancery. 
 
 Aulnage. v. Alnage. 
 
 Aulnager. v. Alnager. 
 
 Aumone, almoign, almoin, I. fr. Alms. 
 
 Aancel weight. An ancient mode of weighing with a weight with 
 scales hanging or with hooks fastened to each end of a staff. 
 
 Auncestre, I fr. Ancestor ; an ancestor. 
 
 Auncien, auiiciennes, I. fr. Ancient Aunciennes demeynes: ancient 
 demesnes. 
 
 Annciatus, I. I. Ancient 
 
 Aunz, anntz, I. fr. Years. 
 
 Anpres, /n Near; nigh; about 
 
 Auricnlarum scisslo, I. I. In old English law. Cutting or cropping of 
 the ears. 
 
 Aurnm, I. In the civil law. Gold. 
 In old English law. Aurum reginae. Queen's gold. v. Queen-gold. 
 
 Ansint, ausinc, aussin, ausoys, ausieu, I. fr. Also ; in this manner. 
 
 Aussi, auxi, avissi, I. fr. Also. 
 
 Aat, I. Or. Aut eo cireiter: or thereabouts. 
 
 Antant, I. fr. As much ; so much ; like as. 
 
 Auter, autre, I. fr. Another ; other. Auter action pendant: another 
 action pending; a species of plea in abatement Auter droit: an- 
 other fight; another's right Auter Tie: another's life. Antres: 
 others, v. Autrefois; En auter droit; Pur auter vie. 
 
 Auterment, I. fr. Otherwise. 
 
 Autlientic. Genuine ; emanating from the proper source ; vested with 
 all due formalities, and legally attested, v. Authentioum. 
 In the civil law. Authentic act: an act received by a public oflScer, 
 with the requisite solemnities; an act or deed executed before a 
 public notary or other authorized ofiicer, attested by a public seal, 
 or certified as being a copy of a public register. 
 
 Authenticate. To give legal authority to an act, record, or other writ- 
 ten instrument so as to render it admissible in evidence. 
 
 Anthentication. The act or mode of authenticating, v. Authenticate. 
 
 Authentics. In the civil law. A Latin translation of the novels of Jus- 
 tinian by an anonymous author ; so called because the novels were 
 
86 AUTHENTICS — AVAILE. 
 
 translated entire ; extracts from the novels^ inserted by the glossa- 
 tors in the Code and the Institutes. 
 
 Anthenticum, 1. In the civil law. An original instrument or writing ; 
 the original of a will or other instrument 
 
 Authenticns, I. In the civil law. Original. 
 
 Authority. A provision of law, organic or statutory ; a decision of court, 
 or an opinion of a law-writer relied on as establishing or declaring 
 the rule to be applied in a particular case ; delegated power, as that 
 of an agent or attorney. Executive authority: power vested in the 
 president or in a governor of a state. Express authority: power 
 conferred in express terms. General authority: power extending 
 to all acts of a particular nature. Implied authority: power in- 
 ferred from circumstances. Judicial authority: power conferred 
 upon a court or judge. Legislatire authority: power conferred 
 upon a legislative body. Limited authority: power restricted by 
 instructions. Naked autliority: power to be exercised solely for the 
 benefit of the donor or principal ; power not coupled with an inter- 
 est in the agent Special authority: power confined to a special 
 transaction. 
 
 Autre, autry, autri, altre, anter, I. fr. Other ; another, v. Auter. 
 
 Autrefois, autrefoits, auterfoitz, autrefez, I. fr. At another time ; 
 formerly ; before. Autrefois acquit: formerly acquitted ; a plea of 
 former acquittal on an indictment for the same offense. Autrefois 
 attaint: formerly attainted ; a plea of former attainder in bar to an 
 indictment. Autrefois convict: formerly convicted ; a plea of for- 
 mer conviction on an indictment for the same offense. 
 
 Autresi bien, I. fr. As well as ; likewise. Autresi come: as if. 
 
 Autresint, I. fr. Likewise. 
 
 Auver, auvere, I. fr. To hava 
 
 Auxi, auxy, aussi, avissi, I. fr. Also ; so. v. Auxy; Aussi. 
 
 Auxihien, anxybien, I. fr. As well. 
 
 Anxilium, I. In feudal and old English law. Aid ; help to defend a 
 suit ; help to commit a crime ; a subsidy or toUage paid to the king ; 
 a kind of tribute paid by vassal to lord, as one of the incidents of 
 tenure of knight's service. Auxilia ad Ulium primogenitum mili- 
 tem faciendum, vel ad flliam primogeuitam maritandam: aids 
 to make the eldest son a knight, or to marry the eldest daughter. 
 Auxilium curiae: an old precept citing one person to warrant some- 
 thing at suit of another. Auxilium petere: to pray aid. Anxilium 
 regis: a subsidy paid to the king. 
 
 Auxy, I. ft. As; so. Auxy icy: so here. Auxy pleinment: as fully. 
 Auxy sovent que: as often as. 
 
 Avail, aval, I. fr. Downwards ; down ; below, v. Avaler. 
 
 Avail of marriage. In Scots law. Value of marriage, v. Valor mari- 
 tagii. 
 
 Availe, I. fr. Advantage ; benefit or profit 
 
AVAILS — AVERAGE. 87 
 
 Avails. Profits ; proceeds ; the proceeds of property sold. 
 
 Aval, /?'. In French law. The guaranty of a bill of exchange. So 
 
 called because usually placed at the foot or bottom of the bill. 
 Avaler, avaller, I. fr. To descend or go down ; to lower or bring down. 
 
 Avalaiiiit: descending. Avale: lowered. 
 Avant, avauiit, I. fr. Before. Avail t ces lieures: heretofore. Avant 
 
 dit, avaunt dlt, avail tdit, avandit, avaudlts: before said, aforesaid. 
 
 V. De avant; De cy, etc. ; En avant; Issint avant. 
 Avanta^ium, I. I. In old English law. Advantage ; profit. 
 Avaiiture, I. fr. Chance; hazard; mischance, v. Aventure; Orosse 
 
 avanture. 
 Avaria, I. I., Avarie, I. fr. Average, or contribution. 
 Avaunt, I. fr. Before; forthcoming. Avaunt meyn: beforehand. 
 
 V. Avant. 
 Aveer, I. fr. To avow ; to acknowledge. 
 Aveigner, avener, l.fr. To come, or become; to happen. 
 Aveir, I. fr. A beast ; cattle ; goods. 
 Avenage. In old English law. A certain quantity of oats paid to a 
 
 landlord in lieu of rent or services. 
 Avenagium, I. I. A tribute- of oats paid by tenants to their lords in cer- 
 tain parts of France. 
 Avenant, aveignauut, I. fr. Value ; price ; material. 
 Avenantement, aveDaninent, Z. /r. Answerably; properly. 
 Aveiier, I fr. To come, or become ; to happen ; to come to ; to amount 
 
 to ; to come at ; to get possession of. 
 Aventure, aventera, I. fr. A mischance or accident by which the death 
 
 of a man is occasioned without felony. 
 Aventnrous, I. fr. Casual ; contingent. 
 Aver. To state positively ; to plead ; to avouch or verify ; to make or 
 
 prove true ; to offer to verify. 
 Aver, avere, averre, aveir, avoer, auver, auvere, I fr. To have. 
 
 Avails: having. Aver et tener: to have and to hold. Averioms: 
 
 shall have. Averoit: would have. Avietz: you have. Avium: we 
 
 had. Avomus: we have. 
 Aver, fr. and old eng. A working beast; a horse or bullock. 
 Avera, /. I. In old English law. A day's work of a ploughman ; a kind of 
 
 customary service rendered by the king's tenants within the demesne 
 
 lands of the crown. 
 Average. A loss or damage to vessel or cargo at sea ; an adjustment or 
 
 apportionment of such loss among owners and underwriters ; a 
 
 small duty paid to the master over and above freight for care of 
 
 cargo ; small charges paid by the master for the benefit of vessel 
 
 and cargo, for pilotage, towage, etc. v. General average; Particular 
 
 average; Petty average. 
 In old English taw. A labor or service performed for the king or lord, 
 
 with working cattle, horses or oxen, or with wagons and carriages. 
 
88 AVERARE — AVOBSON. 
 
 Averare, averrare, I. I. In old English law. To carry goods on horses 
 or other beasts, or in a wagon ; a duty formerly required of some 
 customary tenants. To drive cattle to fair or market 
 
 ATercorn. In old English law. A reserved rent in corn, paid to relig- 
 ious houses by their tenants ; corn drawn to the lord's granary by 
 the cattle of the tenant 
 
 Averer, I. fr. To aver, to prove, to make out to be true. 
 
 Averium,^^. areria, 1.1. In old English law. A working beast an heriot ; 
 cattla A chattel ; chattels. ATei'ia carucas: beasts of the plough. 
 Areria elongata: cattle eloigned or carried away. Averiis captis 
 in withernam: cattle taken jn withernam, v. Capias in withernam. 
 
 Arerium ponderis, L I. In old English law. Full weight, or aver de 
 pois. 
 
 Averland. In old English law. Land ploughed and manured by ten- 
 ants with their cattle, for the use of a monastery, or the lord of the 
 soil. 
 
 Averment. A positive statement of facts, in pleading, opposed to argu- 
 ment or inference. In old pleading, an offer to prove a pleading, 
 and also the proving. Proof, in general. "~~ 
 
 Arerpenny, averpeny. In old English laic. Money contributed to- 
 ward the king's averages ; or money given to be freed thereof. 
 
 Avers, I fr. Beasts or cattle. ' 
 
 Ayersio, I. In the civil law. An averting or turning away. A term 
 applied to a species of sale in gross or bulk. 
 
 Aversio pericnli, I. In old maritime law. An averting or turning 
 away of peril. A name given to the contract of insurance, because 
 one of the parties undertakes to avert the peril of the other on the 
 seas, or takes it upon himself. 
 
 Averumf Z. I. In old law. Goods, property, substance, royal treasure. 
 A beast of burden. 
 
 Avet. In Scots law. ■ To abet or assist. Avetting': abetting, helping 
 or assisting. 
 
 Avez, I. fr. Have [it] 
 
 Avirances, Z. fr. Protestations ; adjurations. 
 
 Avis, I. fr. Advised, v. Aviser. 
 
 Avisamentum, L I. In old English law. Advice ; counsel. 
 
 Avisare, 1. 1. In old English law. To advise, v. Advisare. 
 
 Avisement, l.fr. Advisement; consideration. 
 
 Aviser, I. fr. In old English law. To advise ; to consider ; to deliber- 
 ate ; to consult Arises vous bien sur v're r'ns: advise (consider) 
 you well upon your answer, v. La court, etc. ; Nous volomus, etc. 
 
 Aviz, I. fr. Advice ; opinion. 
 
 Avizandum, 1. 1. In Scots law. Advisement ; deliberation. 
 
 Avoeat, fr. Advocate ; an advocate. 
 
 Avoec, avoeckes, auveqs, I. fr. With. 
 
 Avoeson, avoueson, L fr. An advowson ; patronage ; foundation. 
 
AVOID — AYD. 89 
 
 ATOid. To render void ; to evade or escape : as', party may confess and 
 
 avoid in pleading, v. Avoidance. 
 Avoidance. A making void, or of no effect; a state of being void or 
 
 vacant, as, a benefice, when void of an incumbent ; the evadjng or 
 
 escaping from the legal effect of a pleading by alleging new matter. 
 
 V. Confession and avoidance. 
 Avoir, avoyer, 1. Jr. Property ; means ; estate. 
 Avoirdupois, averdupois, /»■. The name of the common system of 
 
 weights in England and the United States, by which goods, other 
 
 than precious stones and metals, and medicines, are weighed. 
 Avouclier, l.fr. and eng. In old JSnglinhlaw. The calling into court by 
 
 a tenant of a person bound to him by warranty to defend the riglit 
 
 or to yield him other lands. 
 Avouterie, Ifr. Adultery. 
 
 Avow, advow. To acknowledge and justify in pleading, v. Avowry. 
 Avowe, avoue, I. Jr. An avowee, advowee or patron of a church ; he to 
 
 whom the right of advowson belongs. 
 Avower, /. Jr. To avow, or acknowledge ; to justify ; to maintain. To 
 "" challenge. 
 
 Avoweson, avowson, avowesoun, I. Jr. An advowson. 
 Avowry. A pleading in replevin, by which the defendant avows, that 
 
 is, acknowledges the taking complained of, where he took it in his 
 
 own right, and sets forth the reason. 
 Avowterer. In old English law. An adulterer, v. Advowti~y. 
 Avowtry. In old English law. Adultery, v. Advowtry. 
 Avulsion. A tearing off, severing, or forcible disruption; the sudden 
 
 removal of soil from one man's estate to another's, by the immedi- 
 ate and manifest power of a stream. 
 Await, awayte. A waylaying, or lying in wait to do mischief. 
 Award. The decision of an arbitrator or arbitrators, or an umpire, or a 
 
 referee or referees. 
 Awarda, awardum, I. I. In old English law. An award; the verdict 
 
 of a jury. 
 Away-going crop. A crop sown during the last year of tenancy, but 
 
 not ripe until after its expiration. 
 Aweit, I. Jr. Await. 
 Aweroust, awroust, awernst, awrust, aworust, averust, I. Jr. In old 
 
 English law. Doubt ; uncertainty ; ambiguity. 
 Awes, I. Jr. Waters. 
 Awm, awme, awame. In old English law. A measure of Ehenishwine, 
 
 or vessel containing forty gallons. 
 Awnliine, awenhine, sax. A domestic, v. Agenhine. 
 Awyse, o. sc Advice. 
 Ay, I. Jr. With ; over. 
 Ayant cause, I. Jr. An assignee. 
 Ayd, ayde. v. Aid. 
 
90 AYDONC — BAGA. 
 
 Aydonc, aydonk, aydonqes, Ifr. Then. v. Adonques. 
 
 Ayl, I. fr. Yea ; yes. v. Oyl 
 
 Ayle, ayel, aiel, aile, I. fr. In old English law. A writ which lay whra 
 a man's, grandfather or grandmother was seised of lands in fee-sim- 
 ple on the day of his or her death, and a stranger entered on that 
 day, and abated, or dispossessed the heir of his inheritance. 
 
 Aylours, I. fr. Besides ; elsewhere ; otherwise, v. Ailors. 
 
 Ayre, aire, o. so. In old Scots law. Eyre ; a circuit, eyre or iter. 
 
 A.yrer, I. fr. To plough. 
 
 A.yunta)uiento, sp. In Spanish-Amerioan law. A municipal council ; 
 thfe governing body of a town, having charge of its police and finan- 
 cial affairs. 
 
 B. F. Bonum factum, a proper thing. Formerly indorsed on the paper 
 containing a decree to signify approval. B. K.: Bancus regis, or 
 Bancus regiiice: the Court of King's or Queen's Bench. The ini- 
 . tials K. B. or Q. B. are now more commonly used. 
 
 Bacberend, bacberende, backberend, backberynde, sax. Carrying on 
 the back ; a thief cauglit with the thing stolen on his back, or, hence, 
 in possession, v. Furtmn manifestum; Hand habend; Open theft. 
 
 Backbeai'. Carrying on the back. A condition in which an offender 
 against vert and venison might be arrested, as being taken with the 
 mainour or manner, v. Mainour. 
 
 Back-bond. In Scots law. A declaration of trust. 
 
 Backing. Indorsement Backing a warrant: an indorsement by a 
 justice of the peace of a warrant issued by a justice ,of another 
 county, in order that it may be served where so indorsed ; an in- 
 dorsement by a proper officer of government under an extradition 
 treaty. 
 
 Backside. A yard at the back of a house. 
 
 Baculus, I. In old English law. A staff, rod or wand, anciently used 
 in the ceremony of making livery of seisin where there was no 
 building on the land. A white stick or wand, by erecting which on 
 the grounds of a defendant in real actions, he was anciently warned 
 or summoned to appear in court at the return of the original writ. 
 A baton, such as combatants fought with in the duellum. Baculus 
 nunfiatorius: a warning or summoning stick, v. Baston; Fiat sey- 
 sina, etc. ; Frangitur eorum, etc. 
 
 Bad. Materially defective, as a bad pleading. As .applied to a woman 
 may mean unchaste. 
 
 Bad^e. A mark, sign or token ; an indication. Badge of fraud: a cir- 
 cumstance attending a transaction, or a clause or provision in an 
 instrument which raises or tends to raise a presumption of fraud 
 against it 
 
 Baga, I. I. In old English law. Bag ; a bag. 
 
BAGGAGE — BAILABLE. 9 1 
 
 Bag^gage. Whatever a traveler takes with him for his personal use or 
 convenience, according to tlie habits or wants of the class to which 
 he belongs, with reference to either the immediate necessities or the 
 ultimate purpose of the journey : as, money in reasonable amount, 
 jewelry, weapons, tools, etc., in addition to the clothing and other 
 more usual things. 
 
 Bail, baile, bailie, fr., Z. fr. Delivery ; livery ; keeping, or custody ; de- 
 livery and custody, which two ideas are comprehended in the 
 modern sense of the word. Bail de la seisinc: livery of seisin. 
 
 Bail, bayl. In old English law. To deliver, commit or intrust a thing 
 to another ; to deliver a person from arrest, or out of custody, to 
 the keeping of other persons, on their undertaking to be responsible 
 for his appearance at a day and place certain ; to discharge a per- 
 son fi-om arrest, on his finding sureties for his appearance at a cer- 
 tain time and place ; to become bail for another. 
 
 Bail. Safe keeping or protection ; a delivery into safe keeping or pro- 
 tection ; a delivery of a person arrested, out of the custody of the 
 law, into the safe keeping or friendly custody of persons who be- 
 come sureties for his return or appearance ; the sureties themselves, 
 into whose custody the party discharged from actual arrest is sup- 
 posed to be delivered. Bail above, or special bail, or bail to the 
 action: persons who undertake by what is called a recognizance or 
 bail-piece that a defendant arrested on mesne process in a civil ac- 
 tion shall pay the judgment that may be rendered against him, or 
 surrender himself into custody, or that they will pay for him. Ball 
 below, or bail to the sheriff: persons who undertake by what is 
 called a bail bond that a defendant so arrested shall duly appear to 
 answer. Common bail: bail with fictitious sureties amounting only 
 to an entry of appearance, v. Bail bond; Bail court; Bail-piece. 
 In English law. Bail court. A court auxiliary to the Queen's 
 Bench, as it was prior to the judicature act of 36 and 37 Vict, hav- 
 ing cognizance mainly of matters of pleading and practice. 
 
 Bail bond. A bond with a surety or sureties given to the sheriff, on 
 the arrest of a defendant on mesne process in a civil action, in a 
 penalty of double the sum indorsed on the writ, and with a condi- 
 tion that the defendant shall appear and put in special bail within 
 a certain time specified. 
 
 Bail-piece. A formal entry or memorandum of the recognizance or 
 undertaking of special bail in civil actions, which, when signed and 
 acknowledged before the proper officer, is filed in the court in which 
 the action is pending. 
 
 Balla, I. I. In old law. Protection ; guardianship ; safe keeping ; bail. 
 V. Balia, 
 
 Bailable. Requiring, authorizing or admitting of bail ; entitled to be 
 discharged on bail. Bailable action: an action in which a defend- 
 ant may be obliged either to find bail on his arrest, or go to prison. . 
 
92 BAILABLE — BAILLIUM. 
 
 Bailable offense: an offense for which the offender may be ad- 
 mitted to bail. Bailable person: a person who, when accused of 
 an offense, is entitled to be admitted to bail. Bailable process: 
 process on which a defendant may be held to bail. 
 
 Bailee, baylee. A person to whom a bailment is made. v. Bailment. 
 
 Bailer, bayler, bailler, I fr. In old English law. To bail; to de- 
 liver. V. Bailler. 
 
 Bailie, baillie. In Scots laiv. A municipal magistrate, corresponding 
 with the English alderman. A bailiff ; a ministerial ofScer to whom 
 writs are directed for service. 
 
 Bailife, baillif, l.fr. A bailiff; a ministerial officer, with duties simi- 
 lar to those of a sheriff ; the judge of a com't; a municipal magis- 
 trate. 
 
 Bailiff. A person to whom authority, care, guardianship or jurisdic- 
 tion is intrusted; an overseer or superintendent; a keeper; a 
 sheriff's officer ; a land steward ; the chief magistrate of a town. 
 In old English law. Bailiffs errant: bailiffs, anciently so called be- 
 cause they went about in the execution of their offica Bailiffs of 
 franchises: officers who performed the duties of sheriffs within 
 privileged jurisdictions within which formerly the sheriff could not 
 act. Bailiffs of hundreds: officers appointed by sheriffs to act in 
 hundreds, to collect fines, to summon juries, to attend the judges, 
 to execute writs, etc. Bailiff's of manors: stewards or agents, ap- 
 pointed by the lord (generally by an authority under seal), to super- 
 intend the manor, collect fines and quit rentg, and do other acts for 
 the lord's interest Anciently, a distinct officer from the steward, 
 and immediately subordinate to him. 
 
 Bailinm, baillium, I. I. In old law. Protection ; custody ; bail. The 
 office, authority or jurisdiction of a bailiff, v. Ballium. 
 
 Bailivia, /. I. In old law. A bailiwick, v. Bailiwidk; Baliva. 
 
 Bailiwick, bailywike, Balliva, baliva, bailivia, balia, ballia, bali- 
 vatus, I. I., Baillie, bailly, I. fr. The district or jurisdiction of a 
 bailiff or sheriff. In the old law, a liberty or exclusive jurisdiction 
 which was exempted from the sheriff of the county, and over which 
 the lord of the liberty appointed a bailiff with such powers within 
 his precinct as an under-sheriff exercised under the sheriff of the 
 county; a county. 
 
 Bailler, bailer, bayler, I. fr. To deliver, commit or intrust ; to lease ; 
 to lend ; the indorsement made on a bill by the clerk of tlje house 
 of commons when it has passed the house and is to be sent up to the 
 lords. 
 
 Bailli, fr. A person to whom a judicial authority and jurisdiction were 
 assigned or delivered by a superior. 
 
 Baillie, bailly, I. I. A bailiwick ; jurisdiction ; province. 
 
 Baillium, I. I. In old English law. Bail ; delivery. 
 
BAILMENT — BALLIVUS. 93 
 
 Bailment. A delivery of a thing of a personal nature by one person to 
 another to be held according to the purpose of the delivery, and to 
 be returned or delivered over when that purpose is accomplished ; 
 the contract resulting from such delivery or upon which such deliv- 
 ery is made ; in old practice, a becoming bail for another. 
 
 Bailor. The party who bails or delivers goods to another upon the con- 
 tract of bailment, v. Bailment. 
 
 Bailour, l.fr. A surety. 
 
 Baily, bayly, baylie, fr. and eng. In old English law. A bailiff ; a 
 species of attorney ; a bailee ; one to whom a thing was bailed. 
 
 Bair-man. In old Scots law. A bankrupt; otherwise called dyvour. 
 V. Dyvour. 
 
 Bairns, sc. In Scots law. A known term, used to denote one's whole 
 issua Bairns' part: the share of the father's property to which by 
 law the child is entitled, — a third part of the free movables, debts 
 deducted, if the wife survives, and a half if she does not survive. 
 
 Bal^na, balena, ballena, I. I. In old English law. One of the " royal 
 fish," sometimes considered to be a kind of whale, the head of which 
 belonged to the king, and the tail to the queen. 
 
 Balance. A sum remaining due on an account ; a sum expressing the 
 difference between the debit and credit sides of an account 
 
 Baldio, sp. In Spanish law. Waste land ; land that is neither arable 
 nor pastura 
 
 Balenca, baleuga, banleuca. v. Banleuca. 
 
 Balia, ballia, /. I. In old law. A bailiwick ; the district, territory or 
 jurisdiction of a bailiff, v. Ballia. 
 
 Balinm, ballinm, 1. 1. In old Italian law. Protection ; guardianship ; 
 education ; ward. v. Ballium. 
 
 Balins, L I. In old law. A tutor, protector or guardian. 
 
 Balira, balliva, baliratus, balivia, ballivia, I. I In old English law. 
 A bailiwick, or jurisdiction, v. Bailiwick; Ballia. 
 
 Balirus, ballivns, Z. ?. In old English laie. A bailiff. Balivi: bailiffs; 
 sheriff's officers. 
 
 Ballcua, I. I. v. Baloena. 
 
 Ballia, bal'ia, balliva, baliva, balliria, balivia, I. I. In old English 
 law. . A bailiwick, v. Bailiwick; Non est inventus, eta 
 
 Balliare, I. I In old law. To bail. 
 
 Ballinm, balinm, I I In old law. Protection; custody; guardian- 
 ship ; bail or delivery ; the delivery or bailing of a person out of 
 prison, under sureties for his appearance. Bail- or sureties for a de- 
 fendant's appearance, and to whom he was delivered for safe keep- 
 ing. Delivery of goods. An outer bulwark of a fortified place; 
 the area, or court-yard, contained within such inclosure. 
 
 BalliTus, balivus, baillius, baillivus, 1. 1. In old law. A bailiff, baily 
 or bailie; a person to whom some authority or trust was committed 
 or deputed. A ministerial ofBcer of justice; aa a sheriff or con- 
 
94 BALLIVUS — BANCUS. 
 
 stable. A sheriff's oflBcer or deputy. A steward ; an oiBcer under 
 a steward. One who acted foi', or represented another, with an au- 
 thority less than that of an attorney. A judge. 
 
 Ballot. A ball or ticket used in voting ; a paper embodying a vote ; 
 the act of voting by a ball or ticket ; the whole number of votes so 
 cast. 
 
 Balnearii, I. In the Roman law. Thieves, who stole the ' clothes of 
 bathers in the public baths. 
 
 Ban, sasc., eng., fr. In old European law. A military standard; a 
 banner. A summoning to a standard ; a calling out of a military 
 force ; the force itself so summoned : a national army levied by 
 proclamation. A public proclamation or notice of any kind. A 
 proclamation, edict or sentence of interdiction or proscription ; a 
 declaration of outlawry; a sentence of excommunication; a de- 
 nunciation or curse. An expanse ; an extent of space or territory ; 
 a space inclosed within certain limits ; the limits or bounds them- 
 selves. A privileged space or territory around a town, monastery 
 or other place, v. Banns. 
 In feudal law. A space within which certain privileges might be 
 exclusively exercised and certain dues exacted ; as, at mills or ovens, 
 where the lord might exact what in England was called suit at 
 oven, or suit at mill. 
 
 Bunal, bannal, fr. In old French late. Having qualities derived from 
 a ban or privileged space ; as, a banal mill, a mill to which the lord 
 might require his tenant to carry his grain to be ground. 
 
 Banality. In old French law. A seigniorial right to exact certain dues 
 or services within certain limits ; as, to compel a tenant to send his 
 grain to the lord's mill to be ground, etc. The right of having a 
 mill, etc., at which such an exclusive service may be exacted. The 
 territorial limits within which such right may be exercised. 
 
 Banc, bank. A bench ; the place where a court regularly sits ; the full 
 bench, or full court, as distinguished from the sitting of a single 
 judge at nisi prius. v. Bancke; Bancus; Bank. 
 
 Banckc, I. fr. Bench ; a name formerly given to the English court of 
 Queen's Bench and the court of Common Pleas, v. Bank. 
 
 Bancus, /. I. In old English law. A bench or seat in the king's hall or 
 palace. A seat of judgment ; a tribunal for the administration of 
 justice. The sittings of the full court as distinguished from sittings 
 of a single judge at nisi prius. The name, as origmally applied to 
 a particular court, of the English Court of Common Bench or Com- 
 mon Pleas, which was later called bancus apud Westmonasterium 
 or communis bancus; later the name of the court more specifically 
 called bancus regis, or the King's Bench. A high seat or seat of 
 distinction. A seat or place of residence. A stall or bench on which 
 goods were exposed for sale. Bauens apud Westmonasterium: 
 the bench at Westminster ; the old title of the court of Common 
 
BANCU8 — BANKRUPT. 95 
 
 Pleas. Baneus regis: the King's Bench, as supposed tc be held al- 
 ways coram ipso rege, before the king himself. Banciis reginae: 
 the Queen's Bench. Band narratores: counters of the Bench ; ser- 
 geants who had the monopoly of practice in the court of Common 
 Bench, v. Adbancum; Common; Communis; Countor; Dies; Fran- 
 cus baneus; Justitiarii; King's Bench; Sergeants. 
 
 Band, sc. In old Scots law. A proclamation calling out a military 
 force. 
 
 Bande, /}•. In French law. A proclamation or edict. 
 
 Bane. In old English law. A malefactor ; a public denunciation of a 
 malefactor, — the same with what was called hutesium, hue and cry. 
 V. Hutesium. i 
 
 Banerettus, miles banerettus, benerettus, /. /. In old English law. 
 A banneret or knight banneret, v. Banneret. 
 
 Bank, banke, bancke, banque, banky, bannc, fr. In old English laiv. 
 Bench ; the Bench. The name formerly given to the two superior 
 common-law courts in England, the King's Bench and the Common 
 Bench, though originally peculiar to the Common Bench, v. Baneus. 
 
 Bank. The regular term of a court of law, as distinguished from a sit- 
 tings at nisi prius. The ancient phrase in banco, in bank or banc, 
 once exclusively used to denote the sittings of the English Court of 
 Common Bench, is now constantly applied to any superior court of 
 law, to denote the full court sitting at its regular law terms for the 
 hearing of arguments. A place for the deposit of money ; an asso- 
 ciation or company authorized to carry on the business of banking ; 
 the house or place where such business is carried on. The elevated 
 earth along the borders of a water-course which confines the water 
 to its bed or channel. Bank-bill or Bank-note: a bill or note (bank- 
 note is the more accurate term) issued by a bank, payable to the 
 bearer on demand, and intended for circulation as money, v. Ban- 
 eus; Banker; Banking; National bank; Savings bank. 
 
 Banker. One who keeps a bank ; one who is engaged in the business 
 of banking, v. Banking. 
 
 Bankeront, o. eng. Bankrupt ; insolvent ; indebted beyond the means 
 of payment, v. Bankrupt. 
 
 Banking. The business of receiving money on deposit, loaning money, 
 discounting notes, collecting money on notes deposited, dealing in 
 coin, bills of exchange, etc., and issuing bank-notes. 
 
 Bankrupt. In English law, a trader who secretes himself or does cer- 
 tain other acta tending to defraud his creditors ; in American law, 
 in general and more loosely, any person who is unable to pay his 
 debts ; an insolvent. Bankrupt law: a law for the benefit of cred- 
 itors of a bankrupt and for the I'elief of the bankrupt himself ; a law 
 which upon surrender by the bankrupt of all his property for the 
 benefit of his creditors discharges him from all liability for existing 
 debts, — in England a law set in motion by the creditors and against 
 
96 BANKRUPT — BAR 
 
 the will of the debtoi- ; but in America, in general, a law set in mo- 
 tion by either creditors or debtor. 
 
 Bankruptcy. The act by which one becomes or is made a bankrupt, 
 voluntary where it is the act of the debtor, involuntary where it is 
 the act of creditors, v. Bankrupt. 
 
 Banleuca, bauleuga, balenca, Z. I. In old law. A space around cer- 
 tain cities, towns, monasteries, etc., distinguished from other ground, 
 and protected by peculiar privileges. 
 
 Banneret, baneret. In old English law. A degree of honor next after 
 that of baron, when conferred by the king ; otherwise next after 
 that of baronet 
 
 Banni, banny, I. fr. A banished man; an outlaw. 
 
 Banni nnptiarnin, I. I In old English late. ■ The bans of matrimony. 
 V. Bannum; Bannus. ^ 
 
 Bannire, banniare, I. X. In old European law. To proclaim; to de- 
 cree or declare publicly ; to publish an edict, decree or proclama- 
 tion. To summon ; to call out by edict, either to court or to military 
 service ; to summon to a standard, bannum, or banner. To pro- 
 scribe ; to put to the ban ; to confiscate. To expel by a public proc- 
 lamation or ban ; to banish ; to expel from a hannum or certain ter- 
 ritory. V. Bannimus. 
 
 Bannitio, I. I In old European law. Banishment; expulsion by a 
 ban, or public proclamation ; a banning, or putting to the ban. 
 V. Bannire; Bannum. 
 
 Bannitns, banniatus, I. I. In old European lato. Banished ; outlawed. 
 An outlaw. 
 
 Banns, bans. A public proclamation in church on Sunday and during 
 the time of public worship of the intention of parties to enter Jbto 
 the marriage covenant 
 
 Bannnin, I. I. In old European law. An edict, statute or public ordi- 
 nance ; a ban. A field or territory ; the limit or precinct of a town ; 
 the town with all its bans or bounds and appurtenances. Banish- 
 ment or exile ; proscription ; confiscation. A tribute. A proclama- 
 tion or publication ; the publication of marriage in a church. An 
 anathema, or curse. A fine, or penaltj-. Bannum solvat: he shall 
 pay a ban, a fine, or penalty, v. Bannire. 
 
 Bannus, I. I. In old English law. A proclamation. Bannus regis: 
 the king's proclamation, made by the voice of a herald, forbidding 
 - all present at the trial by combat, to interfere either by motion or 
 word, whatever they might see or hear. 
 
 Eiiinque, I. fr. A bench ; the table or counter of a trader, or banker. 
 Banque route: a broken bench or counter: bankrupt, or in old 
 English, hankerout. v. Bank; Bankrupt 
 
 Bar. A special plea which constitutes an answer to an action, so called 
 because it bars the plaintiff from further prosecution. The place in 
 court which counsellors or advocates occupy while addressing the 
 
BAE — BAEMOTE. « 97 
 
 court or jury, and where prisoners are brought for arraignment or 
 sentence ; usually designated by a material inclosure of some kind, 
 to which the name of a bar may be given : in England, barristers, 
 except a privileged few, sit and plead without the bar ; hence, utter 
 or outer barristers. The presence of the court, either actual or con- 
 structive : a case at bar is thus a case presently before the court, — 
 a case under argument The members of the legal profession, col- 
 lectively, called the bar, from the place which they usually occupy in 
 court Bar fee: a fee formerly taken by the sheriff in England for 
 every accused person acquitted. 
 
 Baraterinsr^tarator, barector, 1. 1. In old English law. A barretor, q. v. 
 
 Baratry. In Scots law. Giving judgment for a briba Baratriam 
 committlt qui propter pecuniam jnstitiam baractat: he commits 
 baratry who barters justice for money. 
 
 Baratterie, fr. In French law. Barratry. 
 
 Barcarinm, Ibercariiim, berquariujii, 1. 1. In old English law. A sheep- 
 cote or sheepwalk ; a berghery. Barcarius, barquarias, berqua- 
 rius: a shepherd ; a beeper of sheep. 
 
 Barectator, barector, I. I. In old English law. A barretor, or barra- 
 tor. V. Barretor. 
 
 Baret, I fr. A wrangling suit 
 
 Barg'a, bargia, I. I In old law. A barge. 
 
 Bargain. A mutual undertaking; a contract between persons, one 
 to buy, and the other to sell, goods or lands. Bargain and sale: 
 as applied to realty, a contract for a conveyance of land for a val- 
 uable consideration which originally passed nothing but a use, the 
 seisin for want of livery remaining in the bargainor, but which 
 under the statute of uses transfers the possession and thus makes a 
 complete conveyanca As applied to personalty, an agreement to 
 sell, followed and completed by a sale, the bargain being the arrange- 
 ment of terms, and the sale such a completion of the transaction as 
 passes the property, v. Catching a bargain; Contract; Uncon- 
 scionable. 
 
 Bargainee. The buyer of personalty, v. Bargain and sale. 
 
 Bargainor. The seller of personalty, v. Bargain and sale. 
 
 Barganizare, Z. 2. In old law. To bargain; to agree. Barganizavit 
 et vendidit: (he) hath bargained and sold. Barganizasset: (he) 
 had bargained, v. Dedi, concessi, etc. 
 
 Baricellag,,2. I. In old English law. An officer who apprehended male- 
 factors. > 
 
 Barl[. The mere words or letter of an instrument or outer covering 
 of the ideas sought to be expressed, as distinguished from its inner 
 substance or essential meaning, v. Cortex; Qui hceret in litera, etc. 
 
 Barmote, or Bei'ghmote. Courts in Derbyshire, England, called re- 
 spectively the great and the small, which administer justice among 
 the miners of the Peak, 
 7 
 
98 BARO — BARRATRY. 
 
 Baro, barns, Tiro, I. I. In old English liw. A man ; a freeman, or 
 freedman ; a strong, able-bodied man, who serves for hire ; a war- 
 ric* or chief, as distinguished by strength ; a life, or body guards- 
 man ; a vassal or feudal tenant ; a freeholder ; a proprietary owner 
 of land ; a head or chief vassal, or tenant in eapite; one who held 
 his lands immediately of the king, by military service ; a feudal lord ; 
 a lord or nobleman ; a judge of the exchequer ; a citizen of a city 
 or town having certain privileges ; a chief citizen ; a husband. Baron 
 et feme: man and wife. v. Baron. 
 
 Baron, I. fr. and eng. A particular degree of nobility in England, — 
 the fifth and lowest ; a judge of the court of exchequer ; a husband ; 
 a freeman. The chief citizens of London and some other places in 
 England in which the citizens have peculiar privileges are called 
 barons in early charters, and so of the freemen of the cinque ports. 
 Barons of the cinqne ports: members of parliament returned from 
 the cinque ports, — the inhabitants of those ports generally. 
 
 Baronage, baronaginm, barnagium, 1. 1. The collective body of the 
 English nobility. The retinue, attendants or foUpwing of a baron. 
 
 Baronet. An English name of dignity signifying little baron; an 
 hereditary dignity created by letters patent, and usually descendible 
 to the issue male, but not a title of nobility. 
 
 Baronettns, baroncellns, baronulus, baroncnlus, bariculns, baron- 
 icnlns, 1. 1. In old English law. A baronet ; a little or lesser baron. 
 
 Baronia, Baronatns, I. I. In old English law. The dignity, territory, 
 patrirnony or fee of a baron ; a barony ; a manor, or the territory of 
 a manor ; a house of a certain kind in London ; a part of a county 
 corresponding with a hundj-ed. v. Barony. 
 
 Baronissa, I. In old English law. A baroness, the wife of a baron. 
 
 Barony. The dignity of a baron. A species of tenure, a holding an- 
 ciently by the service of attending the king in his courts, as a baron. 
 ' The territory, of a baron, or the lands which form his tenancy. 
 V. Baronia; Caput baronice. 
 
 Baroiin, barroun, barun, I. fr. Baron ; a husband. 
 
 Barra, I. t In old English law. A bar to an action ; a plea containing 
 a suflScient answer to the action ; a plea in bar ; the bar of a court 
 V. Bar; Barre; Barrister. 
 
 Barrasterlns, I I. In old English law. A barrister ; a pleader at the 
 bar. 
 
 Barratare, I. I. In old English law. To embezzle. 
 
 Barrator, v. Barretor. ^ 
 
 ' Barratrous. Fraudulent ; having the character of barratry. 
 
 Barratry. Fraudulent, criminally negligent or wilfully injurious con- 
 duct on the part of the master or crew of a vessel, to the injury of 
 the owner of the ship or cargo, and without his consent. 
 
 Barratry, barratrie, baratry. In Scots law. The receiving of a bribe 
 for a judgment, v. Baratry; Barretor. 
 
BAERE — BASILS. 99 
 
 Barre, I. fi: In old English law. Bar ; the bar of a court ; the mem- 
 bers of the legal profession, Serjeants or barristers, practicing in a 
 particular court ; a plea in bar. v. Barra. 
 
 Barretor, barretter, barratoi", barator, barratonre. A person who 
 commits barretry ; a person who spreads false rumors and calum- 
 nies to the creation of discord among neighbors ; a litigious, conten- 
 tious person ; one who haunts the courts. 
 In Scots law. A judge who takes a bribe for giving judgment ; a sl- 
 monlst 
 
 Barretry, barratry. The frequent or common moving or maintaining 
 of suits and quarrels either at law or otherwise. It is usually called 
 common barretry, a single act not being sufficient The word is 
 sometimes written barratry, but to a confusion of the offense with 
 another and quite distinct offense, v. Barratry. 
 
 Barrister. In England, a counselor who is admitted to plead at the 
 bai', — if as a sergeant or a King's or Queen's counsel, an inner 
 barrister ; if without, as any other, an utter or outer barrister. They 
 were anciently called apprentices, apprenticii ad legem, or appren- 
 tieii ad barras. The name was also formerly written barraster. 
 
 Barter. The exchange of one commodity, or article of property, for 
 another. 
 
 Barton, berton. In Devonshire, and other parts of England, the de- 
 mesne lands of a manor ; sometimes the manor house Itself ; and in 
 some places outhouses and fold-yards. ■ v. Berton. 
 
 Barnii, I. fr. Baron ; a baron ; husband. 
 
 Bas, fr. Low ; base ; inferior. Bas cur: an Inferior court not of rec- 
 ord. Bas chevaliers: inferior knights who held by base tenure. 
 
 Basche, I. fr. Inquest ; an inquest or inquisition. 
 
 Base. Low ; inferior. Base court: any inferior court not of record. 
 Base estate: the estate of a base tenant Base fee: a fee without a 
 qualification ; a fee determinable upon some collateral event ; a ten- 
 ure in fee at the will of the lord. Base services: services fit only 
 for servants or persons of a servile rank ; vlUein servicea Base ten- 
 ants: tenants who performed services in villeinage; tenants who 
 held at the will of the lord. Base tenure: a holding by base serv- 
 ices, as by villeinage or other customary services. 
 In Scots law. Base right: a subordinate right ; the right of a sub- 
 vassal in the lands held by him. 
 
 Basileus, gr.-l. King. A title frequently given to the king in Eng- 
 land, in charters before the conquest 
 
 Basilica, gr.-l. A compilation of Greek and Roman law, in the Greek 
 language, made during the latter part of the ninth and the begin- 
 ning of the tenth centuries, under the superintendence of the Greek 
 emperors of Constantinopla 
 
 Basils. A kind of money or coin abolished by Henry IL 
 
100 BASSE — BATTUEB. 
 
 Basse justice, /n In feudal law. Low justice ; the right of a feudal 
 lord to try persons accused of petty offenses, v. Justice. 
 
 Sastard. A child born out of wedlock or in circumstances that show 
 that it is impossible for him to have been the son of the husband of 
 the mother. 
 
 Basl^ard eigne, fr. Bastard elder or eldest ; the son of unmarried per- 
 sons who afterwards intermarry and have another son, — the latter 
 being called mulier puisni. 
 
 Bastarda, I. I. In old English law. A female bastard. 
 
 Bastardia, I. I. In old English law. The plea or objection of illegiti- 
 macy. ^ 
 
 Bastardus, I. I. In old English law. Bastard ; a bastard. 
 
 Bastardas nnllins est Alius; aut Alius populi, I. A bastard is no 
 man's son, or the son of the people. 
 
 Bastardy, Batardise, fr. " A defect of birth, objected of a child begot- 
 ten out of wedlock ; the state or condition of a bastard ; the offense 
 of begetting a bastard. Bastardy l)ond; a bond executed by the 
 father of a bastard, conditioned for maintenance, etc. Bastardy 
 process, or proceeding': a proceeding against the putative father of 
 a bastard to secure maintenance. 
 
 Baston, fr. In old English law. A staff or club ; a baton. 
 
 Bastonicam, I. I. In old law. Close custody. 
 
 Basus, bassus, I. I. In old English law. Struck measure. 
 
 Bataille, bataile, I. fr. In'old English law. Battel ; the trial by com- 
 bat or duellum. 
 
 Batalare. To handle or brandish weapons ; to strike ; to fight 
 
 Batalium, batalia, I. I. A battle or combat. 
 
 Batardise, fr. Bastardy, q. v. 
 
 Batel, Z. fr. Battel ; arrayed for battel. . 
 
 Bateria, batteria, I. I. In old English law. Battery; a battery; the 
 unlawful beating of anofher. 
 
 Battail. An old form of battel, q. v. 
 
 Battel, battail. In old English law. Duel, or single combat. A spe- 
 cies of trial by combat, introduced into England by William the 
 Conqueror, in which a person accused of felony was allowed to flght 
 with his accuser, under the apprehension that heaven would give the 
 victory to the innocent or injured party. It was also used as a mode 
 of trial of issues joined on writs of right, in which the parties fought 
 by champions. It was abolished by statute 59 Geo. HI., c. 46. 
 
 Battere, I. I. To beat or strike ; properly, to beat with a club or stick. 
 
 Battery. The unlawful beating of another ; any unlawful, wilful or 
 unduly careless touching of the person of another, either by the ag- 
 gressor himself, or by anything put in motion by him. 
 
 Batture, fr. A bottom of sand, etc., rising towards or above the surface 
 of a river ; a species of alluvion. 
 
BAUNC — BEDELLUS. 101 
 
 Bannc, bannk, L fr. Bench ; the bench ; the court so called, v. Baneke; 
 Bancus; Bank. 
 
 Bawd. A pei-son who procures opportunities for illicit sexual com- 
 merce ; a procurer or procuress. 
 
 Bawdy-house. A house kept for the purposes of prostitution ; a house 
 of ill-fame. 
 
 Bayl. An old form of bail, q. v. 
 
 Bayle. An old form of bailee, q. v. 
 
 Bayler, fr. In old English law. To dehver ; to lend. v. Bailler. 
 
 Bayley. In old English law. Bailiff. 
 
 Baylment. An old form of bailment, q. v. 
 
 Bayly, baylie, I. fr. A bailiff. 
 
 Bayou. A species of creek or stream common in Louisiana and Texas, 
 constituting an outlet from a swamp, pond or lagoon, to a river, or 
 the sea. 
 
 Beaconage. In old English law. Money paid towards the maintenance 
 of a beacon, or watch-fire. 
 
 Beadle, bedel. An officer attached to a church, or parish, whose busi- 
 ness it is to attend the vestry, to give notice of its meetings and 
 execute its orders, to assist the constable in apprehending vagrants, 
 etc. v. Bedel. 
 
 Bearer. One who bears or carries a thing; as, a lettei^a check on a 
 bank, a bank-note. 
 
 Bearers. In old English law. Persons who bore down, or oppressed 
 others. 
 
 Bearing date. Dated ; having a date on the face. 
 
 Beastgate. In Suffolk, England, land and common for one beast 
 
 Beasts of the chase. In English law. The buck, doe, fox, martin and 
 roe; but in a common and legal sense, all beasts of the forest 
 Beasts of the forest: the hart, hind, hai'e, boar and wolf ; but legally 
 all wild beasts of venery. Beasts of the warren: the hare, coney 
 and roe. v. Fowls of warren. 
 
 Beaupleader, heaupleder, bewpleader. In old English law. Fair 
 pleading; apt or correct pleading ; or, perhaps, the fair or favorable 
 hearing of a plea, or suit 
 
 Bee, sax. A book. v. Boc 
 
 Bed. The channel of a stream ; the part between the banks worn by 
 
 the regular flow of the water. 
 Bedel, bedell, beadle. A crier, messenger, summoner, apparitor, bail- 
 iff, underbailiff. A crier or jnessenger of a court, who cites parties 
 to appear, and answer ; an officer of the forest, similar to a sheriff's 
 special bailiff; a collector of rents for the king; a parish officer. 
 V. Beadle. 
 Bedelary. In old English law. The district of a bedel ; as a bailiwick 
 
 is the district of a bailiff, v. Bedel. 
 Bedellus, I. I. In old English law. A beadle ; a hayward. 
 
102 BEDEREPE — BENEFICE. 
 
 Bederepe. In old English law, A service which some tenants were 
 bound to perform ; as to reap their landlord's corn in harvest. 
 
 Before. Preceding in time or space ; in presence of. v. Coram. 
 
 Behaviour. Manner of holding or keeping one's self; personal car- 
 riage or demeanor. Behavior as heir: v. Oestio pro hoerede. 
 
 Behoof. Profit; advantage. 
 
 Belief. A persuasion of the truth of a statement, or fact, formed, in 
 the way of inference from some other fact, or from information, as 
 distinct from personal knowledge. 
 
 Bellaglnes, bilagines, I. I Municipal laws of the Goths, v. Bilagines; 
 By-laws. 
 
 Bellai'e, I. I. To war ; to make war. v. An bellare, etc. 
 
 Belligerent. Actually at war; a nation engaged in war, aa distin- 
 guished from a neutral. 
 
 Bellum, I. War ; an armed contest between nations ; the trial by single 
 combat or battel. Bello parta cedniit relpublicae: things acquired 
 in war go to the state. 
 
 BelongTi belonging. As applied to inhabitancy may mean, as in statutes 
 relating to paupers, legal settlement, not mere residence. 
 
 Below. Inferior ;' of inferior jurisdiction : as, the court from which a 
 cause is removed by appeal or writ of error. Preliminary ; auxiliary 
 or instrumental : as, bail to the sheriff which is called " bail below," 
 as being preliminary to, and intended to secure the putting in of 
 bail above, or special bail v. Above. 
 
 Bench. A seat of judgment, or tribunal for the administration of jus- 
 tice ; the seat occupied by judges in courts ; the judges themselves, 
 as occupying the judgment seat ; the ancient and original name of 
 the English Court of Common Pleas, or Common Bench. Bench 
 vrarrant: a warrant issued by or from a bench or court for the ar- 
 rest of a person indicted, or for contempt. 
 
 Benchers. The senior or governing members of the English Inns of 
 Court. V. Inns of court. 
 
 Bene, I. In old English law. Well ; safely ; sufficiently ; in due form. 
 Bene et in pace: well and in peace. 
 
 Benedicta est exposltlo quando res redimitur a destrnctione, I That 
 is a blessed interpretation when a thing is saved from destruction 
 [i.e. by which effect is given to the instrument], v. Ut res magis, 
 etc. 
 
 Benefice. In English ecclesiastical law. An ecclesiastical living or 
 church preferment, called in Magna Charta, beneficium ecclesias- 
 ticum. Technically the word includes ecclesiastical preferments to 
 which rank or public oEBce is attached, otherwise described as eccle- 
 siastical dignities or offices, such as bishoprics, deaneries and the 
 like ; but popularly it is commonly appropriated to rectories, vicar- 
 ages, perpetual curacies, district churches and endowed chapelries. 
 
BENEFICIAL — BENIGNE. 103 
 
 Beneficial. Of benefit or advantage ; producing or attended with profit 
 or advantage ; having or enjoying a benefit or profit A term ap- 
 plied to both estates and persons ; as beneficial interest, beneficial 
 owner. 
 
 Beneflciare, I. I. In civil and feudal law. To grant or confer a bene- 
 fice, fief or fee ; to enfeoff. 
 
 Beueflciarius, I. I. In civil and feudal law. A beneficiary ; one who 
 held a benefice ; a feudatory. 
 
 Beneflciary. A persoa entitled to the benefit of a contract or an es- 
 tate ; a cestui que trust, v. Cestui que trust. 
 
 Beneflcium,/. in old English law. A benefit or favor. Beneficium 
 clericale: the clerical privilege ; benefit of clergy, q. v. 
 In Scots law. A benefit, favor or privilege. Beneficium competen- 
 tise: the privilege of competency. Beneficium dlTisiouis: the 
 privilege of division. Beneficium ordinis: the privilege of order. 
 V. infra. 
 In the civil law. A benefit or favor ; a particular privilege. Bene- 
 ficium competentise: the privilege of competency ; a privilege to 
 which the grantor of a gratuitous obligation was entitled by which 
 he might retain sufficient for his subsistence if, before fulfilling 
 the obUgation, he was reduced to indigence. Beneficium divis- 
 ionis: the privilege of division ; a privilege given a surety by which 
 be was entitled to demand that the debt should be made from all 
 the sureties pro rata. Beneficium ordinis: the privilege of order ; 
 the privilege of a surety to require the creditor first to exhaust his 
 remedy against the principal. 
 In the feudal law. A benefice ; a permanent stipendary estate ; the 
 same with what was afterwards called a fief, feud or fee, qq. v. 
 
 Benefit of clergy. The clerical privilege ; the prifilege of the clergy. 
 A privilege o£ exemption from capital punishment in cases of capi- 
 tal felony, aL liently allowed to criminals in holy orders, or, what 
 was once.e; Jivalent, able to read, and originally allowed to these 
 only, thougjfV afterwards extended both to clergy and laity. Until 
 extended b^ statute, it was not allowed to one who had made a sec- 
 ond marriage, clerks and ecclesiastical persons having been forbidden 
 by the canon law to make such marriages. 
 
 Beneplacitum, I. I. In old English law. Good pleasure, v. Durante 
 beneplacito. 
 
 Benerth, beneretli. In old English law. A service which a tenant 
 rendered to his lord, with his plough and cart. 
 
 Benevolence. In old European law. An extraordinary aid granted by 
 freemen to their sovereign, as a voluntary gratuity; later, compul- 
 sory contributions otherwise the same. 
 
 Benigne, I. Liberally ; favorably ; benignly. Benignc faciendse sunt 
 interpretationes, propter simplicitatem laicorum, ut res magia 
 valeat qnam pereat; et verba intentioni, non e contra, debent in- 
 
104 BENIGNE — BERTONARIL 
 
 servil'e: interpretations are to be made liberally, by reason of the 
 ignorance of laymen, that the instrument may have effect rather 
 than be void ; 'and words ought to be made subject to the intention, 
 not the contrary. 
 
 Benignns, I In dvil and old English law. Kind ; favorable ; indul- 
 gent ; liberal ; benign ; as opposed to strict, harsh or narrow. Be- 
 nignior: more favorabla Benignior sententia in verbis gener- 
 alibns sen dnbiis est prseferenda: the more liberal meaning of 
 general or doubtful words is to be preferred. Benignins leges in- 
 terpretandse sunt quo voluntas earum conservetur: laws are to 
 be more liberally interpreted in order that their intent may be pre- 
 served. 
 
 Bequeath. To give personal property by will 
 
 Bequest. A gift of personal property by will ; a gift of a legacy, v. Leg- 
 acy; Devise. 
 
 Bercaria, berceria, berqueria, I. I. In old English, law. A sheep-fold, 
 sheep-cote or pen ; a berchery. 
 
 Bercarius, bercator, II In old English law. A shepherd, v. Ber- 
 quarius. 
 
 Berewica, berewicha, berewichus, berewita, berwita, I. I. In old 
 English law. A manor, or rather a part of a manor, separated 
 from the main body ; a smaller manor, belonging to a larger one ; 
 a hamlet, or small village, appurtenant to some town or manor ; a 
 corn-farm. 
 
 Berghinayst jr, barmaster, barmer. An officer having charge of a 
 mine ; a bailiff, or chief officer among the Derbyshire miners, who, 
 in addition to his other duties, executes the office of coroner. 
 
 Berghmote, bergmoth. In old English law. A barnjote, q. v. 
 
 Bergium, I. I. In old English law. A city, town, burg or borough. 
 
 Beria, buria, I. I. In old English law. A city, bur,-h, habitation or 
 manor ; a plain adjoining a town. 
 
 Bernet, sax. In Saxon law. Burning ; house-burning, rw called ai-son. 
 
 Berquarium, I I. In old English law. A sheep-fold ; ■tan-house. 
 
 Berquarius, I. I. In old,English law. A shephei'd. ^ ^ 
 
 Berra, Z. Z. In old English law. A plain; open < heath.' Berras assar- 
 tare; to grub up barren heaths, v. Beria. 
 
 Bersae, I I. In old European law. Barriers ; inclosures ; limits. 
 
 Berthinsek, birdinsek, byrthinsak, o. sc. In old Scots law. A law 
 which exempted from capital punishment for stealing, one who 
 stole only so much food or meat as he could carry on his back in a 
 sack. 
 
 Berton. In England, that part of a great farm where the barns, stables, 
 and other inferior offices stand, and where cattle are foddered, etc. 
 In Devonshire, a great farm. v. Barton, 
 
 Bertonarii, I. In old English law. Farmers or tenants of bertons, who 
 seem to have been tenants at will. 
 
BERWICA— BIEN. 105 
 
 Berwica, /. I In old English law. A manor, or part of a manor ; a vil- 
 lage appurtenant to a manor. 
 
 Bes, pi. besses, I. In the Soman law. A division of the as, or pound, 
 consisting of eight uncioe, or duodecimal pai'ts, and amounting to 
 two-thirds of the as; two-thirds of an inheritance ; eight per cent 
 
 ^ interest 
 
 Besayel, besaiel, besayle, Z. fr. In old English law. A writ which lay 
 where a great-grandfather died seised of lands and tenements in fee- 
 simple, and on the day of his death a stranger abated, or entered 
 and kept out the heir. Now abohshed with other real actions. 
 
 Besongnes, I. fr. Business. 
 
 Bet. V. Wager. 
 
 Betaghii, betagii or betaghes. Anciently, villeins in Ireland. 
 
 Better equity. The equity of a second incumbrancer who takes secu- 
 rity which the prior incumbrancer did not, where the security is of 
 a nature to protect him against any subsequent dealing to his preju- 
 dice by the party who had the legal estate. 
 
 Betterment. An improvement to realty which goes beyond ordinary 
 repair ; an improvement made by an occupant or possessor, in build- 
 ing, fencing, draining, etc. ; enhancement of value by the making of 
 public improvements in adjacent streets, etc. 
 
 Between. Among ; as applied to places, excludes both ; as applied to 
 days, excludes both. 
 
 Bewpleader. v. Beaupleader. 
 
 Beyond sea, beyond seas, beyond the four seas. Out of the United 
 Kingdom ; out of the realm ; out of the United States ; «ut of the 
 state. 
 
 Bias. A leaning or inclination of the mind in a particular direction, or 
 in favor of a particular person or class of persons. 
 
 Bicycle. A carriage within the meaning of a statute forbidding fast 
 driving, but not within the meaning of a statute requiring payment 
 of toll on a highway. 
 
 Bid. To off er a price, more especially at an auction ; to offer by way of 
 competition for a contract for work to be done or materials to be 
 furnished. Bid off: to oiler by way of a bid at auction and to have 
 the thing on sale knocked down in acceptance of the ofEer. By-bid- 
 ding: fictitious bidding not to save the property from sacrifice, but 
 to mislead bona fide bidders and increase their bids. 
 
 Bid. An offer of a price, more especially an offer at an auction ; an 
 offer by way of competition for a contract for work to be done or 
 materials to be- furnished; that which is offered. Upset-bid: an 
 offer of a higher price for property sold at public sale, made to the 
 court having jurisdiction, to procure the sale to be opened and other 
 offers to be entertained. 
 
 Bien, fr. Well ; advisable ; lawfully ; in lawful form. v. De bene esse; 
 Paroles del bien estre. 
 
106 BIENNIUM — BILL. 
 
 Biennium, I. In old English law. A period of two years, v. Cessavit 
 per biennium. 
 
 Biens, fr. Goods ; goods and chattels ; property in general. Bieus et 
 chateux: goods and chattels. Bieus meubles et immeables: goods 
 movable and immovable. 
 
 Bigainia, 1. 1. Bigamy, v. Bigamy. 
 
 Bigamus, I. I. In old English law. One who has been twice married, 
 or has married more than one wife ; a bigamist v. Benefit of clergy; 
 Bigamy. 
 
 Bigamy. The act of having two wives or husbands at the same time, 
 the one dejure, the other de facto. In the civil and canon law, also 
 the act of having one after the death of the other. The proper word 
 would seem to be polygamy, but bigamy in this sense is generally 
 used. 
 
 Bilagse, t J. In old law. By-laws. v. Bilagines; Laga. 
 
 Bilagines, bellagines, bilagae, 1. 1. In old law. The laws of towns ; 
 laws made by the inhabitants of towns for their own government ; 
 municipal laws ; by-laws. v. By-laws. 
 
 Bilanx, bilancia, I I In old English law. A balance. Bilancise: 
 scales for weighing, v. De bilanciis, etc. 
 
 Bilateral. Two-sided. Bilateral contract: a contract in which there 
 are two promises, one the consideration of the other. 
 
 Biline. Collateral, v. En line, etc. 
 
 Bilingnis, I Double-tongued ; one speaking two languages ; anciently, 
 a jury de medietate lingua in c^es between an Englishman and a 
 foreigner, composed in part of persons of the nation of the latter ; a 
 jury of the half-tongue, v. De medietate linguae; Half-tongue. 
 
 Bill. A formal statement or declaration in writing ; a formal written 
 . statement of complaint to a court of justice ; a declaration by a 
 coui-t to its oflBcers, in the nature of process ; a record or written 
 statement of proceedings in* an action ; a written statement of a 
 debt, demand or contract ; a draft of a law submitted to a legisla- 
 tive body for enactment ; a solemn and formal written declaration 
 of popular rights and liberties. Bill of adventure: a writing signed 
 by a merchant or ship-owner to the efEect that goods on board in his 
 name are the property and at the risk of another to whom he is 
 bound to account only for the proceeds. Bill of attainder: an act 
 of the legislature attainting a person or persons named in it v. At- 
 tainder. Bill of costs: an itemized statement of the costs awarded 
 a party in an action, v. Costs. Bill of credit: paper issued by 
 the authority of a state, on the faith of the state, and designed to 
 circulate as money ; a letter giving a person credit with the agent 
 or correspondents of the maker. Bill of exceptions: a statement 
 of the directions given or decisions made by the judge during the 
 trial to which the excepting party objects, which when duly 
 signed and sealed by the judge becomes a part of the record for 
 
BILL. 107 
 
 the purposes of a review by the court in banc or by the court above. 
 Bill of exchange: a written order or request from one person to 
 another to pay a certain sum of money to a third person, or his 
 order or bearer. The first person is called the drawer ; the second, 
 the drawee — upon acceptance, the acceptor ; the third, the payee ; a 
 person to whom the payee indorses, the indorsee ; and the person in 
 actual legal possession the holder. Bill of health: a certificate from 
 the proper authorities as to the state of health of a ship's company at 
 the time of her leaving port, and the health of the port itself. Bill ot 
 indictment: a written accusation of one or more persons, of some 
 crime or misdemeanor, presented to a grand jury. If the jury find 
 the accusation supported by evidence, they return the bill indorsed 
 " a true bill," and the bill is then called an indictment ; if not sup- 
 ported, they return the bill indorsed " not a true bill," or " not found," 
 or, as anciently, " ignoramus " (we do not know). Bill of lading: a 
 writing given by the master of a vessel, or by other common car- 
 rier, acknowledging the receipt of goods and undertaking for their 
 conveyance. It is a symbol of the goods, property in which will 
 pass, subject to certain liens, upon transfer of the bill. Bill of 
 mortality: a written statement or account of the number of deaths 
 (or births and deaths) which have occurred in a certain district dur- 
 ing a given time. Bill of pains and penalties: a special legisla- 
 tive act inflicting a punishment less than death, without a convic- 
 tion by ordinary judicial proceedings, for some high offense, like 
 treason or felony. Bill of parcels: an itemized account of the goods 
 in a package or parcel of goods sold, — usually delivered with the 
 parcel. Bill of particulars: an itemized statement of the demand 
 for which an action is brought, or of a defendant's set-off against 
 such demand. Bill of rig'hts: a formal public declaration of popu- 
 lar rights and liberties, expressed in the form of a statute, or pro- 
 mulgated as a part of a constitution ; particularly the statute of 
 1 W. & M. st. 2, 0. 2. Several of the states have adopted such bills as 
 a part of their constitutions. Bill of sale: ah assignment, in writ- 
 ing, of chattels personal ; in particular of a vessel. Bill payable: 
 a promissory note or an accepted bill of exchange whereby a mer- 
 chant has undertaken to pay money. Bill penal: a single bill 
 framed with a penalty, formerly in common use, but now generally 
 superseded by penal bonds. Bill receivable: a promissory note or 
 an accepted bill of exchange which a merchant holds. Bill single: 
 a written engagement under seal, for the payment of money, either 
 on demand, or at a future day, formerly in common use, but now 
 for the most part superseded by the modern bills and notes, v. Single 
 Ull. 
 In English law. Bill of indemnity: an act of parliament passed at 
 each session for the relief of those who have unwittingly or unavoid- 
 ably failed to take the necessary oaths of office. Bill of store: a 
 
108 BILL — BILL IN EQUITY. 
 
 license granted at the "custom-house to merchants to carry such 
 stores and provisions as are necessary for their voyage, free of duty. 
 Bill of sufferance: a license granted at the custom-house to a mer- 
 chant to trade from one English port to another vpithout paying 
 custom. 
 
 In old English law. Bill, or Original bill. The old most usual be- 
 ginning of actions in the King's Bench, the original verit being dis-i 
 pensed with. It was a written statement of the plaintiff's cause of 
 action, always alleging a trespass as the ground, in order that the 
 court might entertain the action. It resembled the modern declara- 
 tion, and was sometimes called a plaint. Bill of debt: a written 
 engagement by a merchant to pay money on demand or at a speci- 
 fied time, — a general term including both bonds and negotiable 
 paper. Bill of Middlesex: a civil process peculiar to the King's 
 Bench, by which the court, sitting in Middlesex, acquired jurisdic- 
 tion without an original writ. It was founded on a fiction of tres- 
 pass within that county, of which that court had jurisdiction ; and 
 upon return non est a writ of latitat issued to the county where the 
 defendant was, alleging that he there lurked, etc. Bill of priTilege: 
 a process which formerly was the established method of proceed- 
 ing against attorneys and officers of courts, who were not liable to 
 arrest 
 
 In Scots law. Bill cliamber: a department of the court of session 
 which has jurisdiction of petitions for suspension, interdict, etc 
 Bill of adTOcation: a bill by which the judgment of an inferior 
 court is appealed from, or brought under review of a superior. Bill 
 of health: an application by a person in custody for a discharge be- 
 cause of ill-health. 
 
 In French law. Bill of gross adTcntnre: any written instrument 
 containing a contract of bottomry or other maritime law. 
 Bill in equity. The complaint of a suitor in a court of equity, in form 
 a petition, stating the case and praying for relief or discovery. It 
 is in general the mode of beginning a suit, and corresponds to the 
 declaration in an action at law. There are many kinds of bills, — 
 original bills ; bills not original ; cross-bills, or bills brought by de- 
 fendants against complainants or others ; supplemental bills, or bills 
 to supply a defect in the original bill which cannot be supplied by 
 amendment ; and other bills, infra. Bill for cancellation: a bill 
 brought to destroy evidence which may affect the complainant in- 
 juriously in the future. Bill for a new trial: a bill praying for an 
 injunction upon proceedings on a judgment at law on grounds 
 which render it inequitable to enforce the judgment, — grounds not 
 available at law. Bill of conformity: a bill filed by an executor or 
 administrator against creditors where the estate is so involved that 
 he cannot safely administer without the direction of the court 
 Bill of discovery: a bill praying for a disclosure by the defendant 
 
BILL IN EQUITY — BILLETA. 109 
 
 of matters within his knowledge, and praying for no relief beyond 
 a stay of proceedings in which such matters are to be used. Bill 
 of information: a bill filed by the attorney-general or other proper 
 oflicer in behalf of the state, — if the state is immediately concerned, 
 upon his own motion, but if not, then at the instance of the person 
 who is so concerned, who is called the relator. Bill of peace: a bill 
 brought by a person threatened with a number of suits based on the 
 same claim, or involving the same matter, to procure a perpetual 
 injunction. Bill of review: a bill to review a decree, either for 
 error or because of newly-discovered evidence. A bill brought by a 
 person against whom a decree is rendered, but who has no interest 
 or an insufficient interest in the subject-matter, is called a bill iu 
 the nature of a bill of review. Bill of revivor: a bill brought to 
 continue a suit which has abated, as by death of the complainant, 
 or, the complainant being a female, by marriage of the complainant. 
 A bill brought, where, upon the death of a party, his interest is 
 transmitted so that the title may be litigated in equity, is called a 
 bill in the nature of a bill of revivor. Bill quia timet: a bill 
 brought by a remainder-man of realty, or a person who has a future 
 interest in personalty, to prevent an injury to the property or hi? 
 rights therein ; more generally, bills of peace, bills to perpetuate tes- 
 timony, bills for cancellation and bills to remove clouds upon title 
 are also bills quia timet. Bill to perpetuate testimony: a bill 
 brought to obtain and preserve testimony as to matter which is not 
 in litigation, and which the complainant cannot put in litigation, — 
 the coiiyerse of a bill for cancellation. Bill to remove cloud upon 
 title: a bill to confirm a title which is in fact good, but which the 
 holder fears may be disturbed by another who holds adverse deeds 
 or evidence, but has not brought action. Bill to take testimony 
 de bene esse: a bill brought to take the testimony of a witness who 
 is aged or infirm, or who is about to leave the country, so that there 
 is reason to fear the testimony may be lost, for use in a suit already 
 begun. 
 
 Billa, L I. In old English law. Bill ; a bill. v. Bill; Narratio. Billa 
 cassetur, or Quod billa cassetur: that the bill be quashed, the 
 judgment for a defendant on a plea in abatement, where the pro- 
 ceeding was by bill. Billa excambii, or escambii: a bill of ex- 
 change. V. Litera cambii. Billa exonerationis: a bill of lading. 
 Billa vera: a true bill ; the indorsement made on a bill of indict- 
 ment by a grand jury, when they found it sustained by evidence. 
 V. Indictment. 
 
 Bille, I. Jr. Bill ; a bill ; a bill of exceptions. 
 
 Billet de change, fr. In French law. A billet or bill of exchange, or 
 a written promise to furnish a bill. 
 
 Billeta, billetus, I. I. In old English law. A bill or petition exhibited 
 iu parliament 
 
110 BILLETUM — BLACK. 
 
 BlUetum, I. I. In old English law. A billet, bill or memorandum of 
 the delivery of a writ, which, under the statute of Westminster 2, 
 c. 39, parties might require of the sheriff. 
 
 Billo, IbiUio, I. I. In old English law. Bullion. 
 
 Bind. To place under legal obligation, particularly by covenant or 
 bond ; to affect as by legislation, or by judgment or decree, or by 
 act or declaration of a privy, wife, partner, agent or accomplice. 
 Bind ont: to put under bonds as an apprentice. Bind oyer: to put 
 under bonds to appear as a witness or as a defendant, or to keep the 
 peace. 
 
 Bipartite, fr. and eng. Of two parts ; divided in two. Formerly ap- 
 plied to indentures to which there were -two parties and of which 
 thei'e were accordingly two parts, v. Tripartite; Quadripartite. 
 
 Bipennis, I. In old Scots law. A halbert ; a pole-ax ; a Jeddart staff. 
 
 Birlaws, burlaws, byrlaws. In Scots law. Laws made by country 
 people or husbandmen i-especting rural affairs, v. Burlaws. 
 
 Birretum, birretus, I. I. In old English law. The cap or coif of a 
 judge or Serjeant at law. A cap of linen or silk fitting close to the 
 head, the first and principal badge of distinction of a serjeant, al- 
 ways worn by the justices sitting in the king's court, and never 
 laid aside, either by justices or Serjeants, so as entirely to uncover 
 the head, even in the presence of royalty itself. 
 
 Bis, I. Twice. Bis coctus: twice baked ; applied to bread called simenel 
 or symenel. Bis idem exigi bona fldes non patitur; et in satis- 
 factionibas non permittitur amplius fieri quam seniel factum 
 est: good faith does not suffer the same thing to be demanded 
 twice ; and in making satisfaction [for a debt or demand] it is not 
 allowed to be done more than once. Bis petitum: a thing twice 
 demanded, v. Bona fldes non, etc. ; Nemo debet bis, etc. 
 
 Bisacuta, I. In old English law. An axe or bill 
 
 Bisextus, I. V. Bissextus. 
 
 Bi-scot. In old English law. A fine imposed for not repairing banks, 
 ditches and causeways. 
 
 Bishop. An ecclesiastical ofiS.cer, chief of the clergy within a diocese 
 and subordinate to the archbishop. He is called the archbishop's 
 suffragan, or assistant, or, in the common law, the ordinary. The 
 law of this country recognizes no such oflScer. 
 
 Bishopric. The district over which a bishop has jurisdiction ; the office 
 of a bishop ; a diocesa 
 
 Bissextile. Thd year in which a day is added to the month of Febru- 
 'ary to keep the calendar year in accord with the solar year ; leap 
 year. 
 
 Bissextus, I. In old English law. The added day of a leap year. v. Bis- 
 sextile; Year. 
 
 Black acre. A fictitious name used by the old writers, with the name 
 white acre, for convenience and to avoid ambiguity, in speaking of 
 
BLACK — BLANC. HI 
 
 different parcels of land. Blackmail: extortion by threats, as of 
 public accusation, injury to one's reputation, etc. 
 In English law. Black act: the statute of 9 Geo. I, c. 33, enacted to pun- 
 ish for certain outrages committed near Walthara, in Hampshire ; so 
 called from the fact that the acts were done by persons in disguise, or 
 with faces blacked. Black book of the admiralty: an old repository 
 of admiralty law of high authority, containing tlie laws of Oleron at 
 large, a view of the crimes and offenses cognizable in the admiralty, 
 and occasional ordinances and commentaries on matters of prize 
 and maritime torts, injuries and contracts. It was compiled in the 
 reign of Edward IIL, but contains additions of later periods. Black 
 book of the Excheqaer: an old book in the Exchequer, containing 
 a miscellaneous collection of , charters, treaties, conventions, the 
 number of hides of land in several counties, esouages, and the like. 
 It is commonly attributed to Gervase of Tilbury. Black book of 
 Hereford: an old record, frequently referred to by Cowell and other 
 early writers. Black cap: a cap put on by the judge in England 
 when he is about to pass sentence of death, in virtue of a custom 
 arising out of the ancient custom of covering the head on occasions 
 of great solemnity, or out of the necessity for the judge (often a per- 
 son in holy orders) to lay aside the ecclesiastical character, as it 
 were, by covering the tonsure, since a person in holy orders could 
 not impose the death penalty ; a bag or sack placed over the head 
 of a condemned person who is about to be hanged. Black gown: 
 V. Gown. Blackmail: a rent or tribute formerly paid by the poorer 
 inhabitants of some of the northern counties of England to Scottish 
 border chieftains or rievers for protection from the depredations of 
 the Scottish border rievers or moss troopers. Black rents: rents 
 reserved in work, gi-ain, provisions, or baser money, in contradis- 
 tinction to those which were reserved in white money or silver, 
 which were termed white rents, v. Blanch ferme. 
 In Scots law. Black acts: the acts of the five Jameses, of Mary, and 
 of James VI. down to 1586 or 1587. So called from the circum- 
 stance of their being printed in black-letter. 
 
 Blada, I. I. In old English law. Corn or grain. Blada a solo separata: 
 grain severed from the soil. Blada crescentia: growiijg gi-ain. 
 Blada in gar bis: grain in swathes or straw. Blada nondum a solo 
 separata: grain not yet severed from the soil. Blada vel alia ca- 
 talla: grain or other chattels, v. Bladum. 
 
 Bladarins, I. I. In old English law. A corn-monger ; a meal-man or 
 corn-chandler ; a bladier, or engrosser of corn or grain. 
 
 Bladum, I. I. In old English law. Corn or grain ; especially a growing 
 crop ; grain cut, or harvested. 
 
 Blamed, blasmed, I, fr. Infamous. 
 
 Blanc, blanche, fr., Blancas, I. l. Blank. In old English law. White, 
 or blank, as paper or parchment without writing; plain, or 
 
112 BLANC — BOAED. 
 
 smooth, as coin having no impression, and, hence, paid by weight 
 and not by tale. Blanch ferme, fearme, farm or firm: white farm 
 or rent ; rent paid in silver, v. Albafirma; Blancus; Farm. 
 
 Blanch holdini^. In Scots law. A tenure in which the vassal paid a small 
 duty to the superior in full of all services, as an acknowledgment of 
 his right, either in money, or in some other substance ; as a penny, 
 a pair of gilt spurs, a pound of wax or of pepper. 
 
 Blank. A space in a writing left to be filled with words to complete 
 the sense ; a paper containing the substance of a written instrument 
 with spaces left to be filled with names, descriptions, date, etc. 
 Blank bar: a plea in trespass which called on the plaintiff to assign 
 a certain place for the injury ; otherwise called common bar. Blank 
 indorsement: an indorsement of a bill or note, by merely writing 
 the name of the indorser, without mentioning any person to whom 
 the bill or note is to be paid. 
 
 Blasphemy. The use of irreverent words in reference to the Supreme 
 Being, such as to produce scandal or provoke violence ; a malicious 
 revihng of God or religion. Blasphemous libel: the publication of 
 writings blaspheming the Supreme Being, or ridiculing the doctrines 
 of the Christian religion ; — not an honest denial of the truths of 
 that religion, but a publication with intent to pervert, insult and mis- 
 lead others by licentious and contumelious abuse of sacred subjects. 
 
 Bled, ble, blees, I. fr. In old English law. Corn or grain. Blees 
 scies: grain cut. 
 
 Blemissement, I. fr. In old English law. Blemishment ; infringement ; 
 diminution ; disparagement or degradation. 
 
 Blench, blench-holding. v. Blanc; Blanch-holding. 
 
 Blockade. In international law. The investment of a seaport by a 
 competent naval force, with the view of cutting off all communica- 
 tion of commerce. 
 
 Blodwita, I. I. In old English law. An amerciament for the shedding 
 of blood. V. Bloodwit. 
 
 Blood. Kindred ; relationship ; consanguinity ; a person or persons so 
 related, v. Whole blood; Half blood. 
 
 Bloodwit, blodwite, blodwyte. In Saxon law. An amerciament for 
 the shedding of blood ; an immunity f rora amercement for the shed- 
 ding of blood. 
 
 Bloody hand. A hand stained with the blood of a deer, which in the 
 old forest law of England was evidence, as was a like stain upon 
 other parts, against a person caught trespassing in a forest, of the 
 killing of deer. 
 
 Board. A table at which a council is held ; hence any authorized coun- 
 cil or assembly, but more particularly a number of persons organ- 
 ized for the management of some business or the execution of some 
 trust : as, a board of aldermen, or arbitrators, or directors, or exam- 
 iners, or inspectors, or supervisors, or the lika 
 
BOARDER — BONA. 113 
 
 Boarder. A person who is furnished with food statedly at the table of 
 another, or with food and lodging in his houFe, for stipulated com- 
 pensation. A person who comes to an inn upon a special contract 
 to board and to sojourn is a boarder, not a guest. 
 
 Boc, sax. In Saxon law. A book, or writing ; a deed or chartei'. Boc 
 horde: a place where books, writings or evidences were kept. Boc 
 land: land held and conveyed by boc or writing ; deed or charter 
 land, so called to distinguish it from folc land which was held with- 
 out writing, v. Folc land; Land boc. 
 
 Boceras, sax. A scribe, notary or chancellor among the Saxons. 
 
 Bodin in feir of weir, o. sc. In Scots law. In warlike array. 
 
 Body. The physical person ; the natural, as distinguished from an arti- 
 ficial, person ; the trunk as distinguished from the head and limbs ; 
 a number of persons considered collectively ; the physical part of a 
 thing. A number of particulars taken together ; a systematic col- 
 lection, as of cases. Body corporate: a corporation. Body of a 
 county, or a state: the county or the state considered in its terri- 
 torial entirety. Body of an instrument: the substantial or essential 
 portion of an instrument. Body politic: a state, or a municipal 
 corporation ; the sovereign power. Body snatching: the secret un- 
 authorized removal of a dead body from the grave. 
 
 Boillonrie, boilary, buUary, I. fr. and eng. In old English law. A 
 salt-house or salt-pit, where salt is boiled. 
 
 Bois, hoys, hoyes, I. fr. Wood. Haut hois: high wood. Sub hois: 
 under-wood or coppice. 
 
 Bolting. Formerly in the English Inns of Court, but more particularly 
 at Gray's Inn, the private arguing of cases, as distinguished from 
 mooting. 
 
 Bon, hone, bonne, I. fr. In old English law. Good ; suflScient in law. 
 Bon, or Bone gree; good will ; accord ; consent ; — on mal gree: 
 with consent, or against consent. Bones gents: good men ; persons 
 qualified. 
 
 Bona, I. Goods; personal chattels; movable property. Bona et ca- 
 talla: goods and chattels ; — merchandisse: goods and merchan- 
 dises. Bona felonum: goods of felons ; goods of a person convicted 
 of felony. Bona forisfacta: forfeited goods. Bona fugitirornin: 
 goods of fugitives ; the goods of one who flees for felony. Bona no- 
 tabilia: notable goods ; goods worthy of notice; goods of a decedent 
 of the value of at least five pounds in more than one diocese, a basis 
 for administration taken out before the metropolitan of the province, 
 to prevent the appointment of several administrators by different 
 ordinaries. Bona peritura: perishable goods. Bona ntlagatornm: 
 goods of outlaws. Bona vacantia: goods wanting an owner. Bona 
 waviata: waived goods; goods stolen and thrown away by the 
 thief in his flight, which go to the sovereign, v. De bonis, etc. 
 In the civil law. Goods ; property in general, including lands. Bona 
 8 
 
114 BONA — BOND. 
 
 conflscata: confiscated goods ; goods forfeited for offenses, so called 
 because they belonged to the fiseus, or imperial treasury. Bona 
 immobilia: immovable property, like lands, houses, etc. Bona mo- 
 l>ilia: movable goods; personal chattels. Bona Tacantia: goods 
 wanting an owner. 
 Bona, bonas, bonum, I. Good. Bona flde: in good faith ; honestly, 
 without fraud ; really, without pretense ; innocently, without knowl- 
 edge or notice. Bona fides: good faith ; honesty ; sincerity ; — ex- 
 igit nt qnod conyenit flat: good faith demands that what is agreed 
 upon shall be done ; — non patitnr nt bis idem exigatur: good 
 faith does not suflfer the same thing to be demanded twice. BonaB 
 contracts: contracts in which equity may interpose to correct in- 
 equalities and give effect to the intention of the parties. Bonae 
 memoriae: of good memory. 
 In old English law. Bona gestura: good abearing, or good behavior. 
 
 V. Abearing. 
 In the civil law. Bona fides: good faith ; honesty ; — exigit, etc., 
 
 — non, etc. : v. supra. Bonae fldei: of good faith ; in good faith ; 
 
 — action: an action of good faith, v. Actio bourn fidei; — emptor: 
 a purchaser in good faith ; a purchaser who was ignorant that the 
 thing bought belonged to one other than the seller, or supposed that 
 the seller had a right to sell; — possessor: a possessor in good 
 faith ; one who bejieves no one has a better right to possession than 
 himself ; — possessor in id tantnm quod ad se perrenerit tene- 
 tur: a possessor in good faith is bound only for that which has come 
 to him. 
 
 In the Roman law. Bona gratia: by mutual consent ; voluntarily ; a 
 species of divorce where the parties separated by mutual consent ; 
 or where they renounced their marital engagements without assign- 
 ing any cause, or upon mere pretexts ; — matrimouium dissolvitur: 
 mutual agreement dissolves the marriage. 
 In Scots law. Bona patria: the good country; good men of the 
 country ; good neighbors, v. Boni homines; Patria. 
 
 Bond. A writing under seal by which a person binds himself, his heirs, 
 executors aiid administrators to pay a certain sum to another ; usu- 
 ally with a condition added that if the maker, the obligor, does a 
 specified act the obligation shall be void, otherwise remain of force ; 
 if without the condition it is called a single bond. An instrument 
 of the nature of such a bond, but having also the qualities of a ne- - 
 gotiable instrument, made and issued by the state or by a corpora- 
 tion, municipal or private, for the purpose of borrowing money. 
 Bond tenants: copyholders and customary tenants, v. Forthcom- 
 ing bond: Income bond; Penalty; Refunding bond. 
 
 Bond. To give bond, as for duties on goods ; to secure payment of du- 
 ties, by giving bond. Bonded: secured by bond. Bonded goods: 
 goods the duties on which are secured by bond. 
 
BOND — BOOK 115 
 
 Bond, pi. bondi, I. I. In old Scots law. A bondman ; a slave ; a vil- 
 lein. 
 
 Bondag'inm, I. I. In old Scots law. Bondage; villeinage; slavery or 
 servitude. 
 
 Bone gree, bon gree. v. Bon, 
 
 Bones gents, v. Bon. 
 
 Boni et legales homines, I. I Good and lavrful men. Bon! homines: 
 good men. Boni judicis est: it is the duty of a good judge ; — am- 
 pliare jnrisdictionem: it is the duty of a good judge to construe 
 his jurisdiction liberally ; — cansas litium dirimere: it is the duty 
 of a good judge to remove the causes of litigation ; — judicium sine 
 dilatione mandare execntioni: it is the duty of a good judge to put 
 the judgment into execution without delay ; — lite^ dirimere: it is 
 the duty of a good judge to put an end to litigation; — lites diri- 
 mere, ne lis ex lite oriatur: it is the duty of a good judge to put 
 an end to litigation, that suit may not grow out of suit 
 
 Bonis non amovendis, I. The goods not to be removed ; a writ direct- 
 ing the sheriflE to hold the goods of a judgment debtor pending a 
 writ of error. 
 In the civil law. Bonis cedere: to transfer or surrender property, as 
 a debtor to creditors. 
 
 Bono et malo. v. Be bono et malo. 
 
 Bonorum possessio, Z. In the civil law. Possession of goods ; the right 
 of pursuing and retaining the property of a decedent, not strictly 
 due by the civil law, but granted by the praetor from a principle of 
 equity, called' prsetoiian succession ; a species of succession resem- 
 bling the modern right of administration. 
 
 Bonnm, I. Goodness ; virtue ; a good ; an advantage or benefit Bonnm 
 defendentis ex Integra cansa; malum ex quolibet defectn: the 
 success of a defendant depends on a perfect case ; his loss arises 
 from some defect Bonum necessarium extra terminos necessi- 
 tatis non est bonnm: a good thing required by necessity is not good 
 beyond the limits of such necessity. 
 
 Bonus,;. Good. Bonus judex secundum seqnum et bonnm judicat, 
 et aequitatem stricto juri praifert: a good judge decides according 
 to what is jiist and good, and prefers equity to strict law. 
 In old English law. Good; good in law; unexceptionable. Bonus 
 
 homo: a good man. 
 In the civil law. Bonus vir: a good man ; an honest man. 
 
 Book. Any printed literary composition, though in a single sheet, but 
 more commonly, %uch a composition in several sheets folded and 
 bound together so as to make uniform leaves and pages ; a collec- 
 tion of sheets containing written entries, bound together in book 
 form ; a collection of sheets so bound, intended for such entries ; the 
 more important papers in a cause, such as demurrer-books, paper- 
 
116 BOOK — BORHEALDER 
 
 books, etc. Book eases: adjudged cases reported and printed. Book 
 of acts: the records of a surrogate's court Book of assises: 
 V. Liber assisarum. Book of flefs: v. Feudorum libri. 
 
 In English law. Book of rates: a table of customs duties authorized 
 by parliament 
 
 In Scots law. Book of adjournal: the original records of criminal 
 trials. V. Adjournal. Book of responses: an account kept by the 
 directory of the chancery to note a seizure by a sheriff in particular 
 
 In Saxon law. Book land: v. Boc land. 
 
 Boon days. In English law. Certain days in the year in which copyhold 
 tenants performed base services for their lord. 
 
 Boot. V. Bote, of which it is an old form. 
 
 Booty. Property of the public enemy captured on land. 
 
 Booting or I)oting corn. Rent corn, anciently so called. 
 
 Bordage, bordagium, I. I. In old Englishlaw. A species of base 
 tenure ; a holding on condition of supplying smaller provisions for 
 the table, or board of the lord. v. Bordarii; Bordlands. 
 
 Bordarii, bordimanni, 1. 1. In old English law. Bordmen ; bordars, 
 or cottagers : tenants in bordage. Sometimes erroneously written 
 borduanni. v. Bordage; Bordlands. 
 
 Bordhalfpenny, bordhalpenny. In old English law. Money paid at 
 fairs and markets for the privilege of setting up tables, stalls and 
 boards for the sale of wares. 
 
 Bordlands. In old English laio. Demesne lands reserved by the lord 
 for the maintenance of his board or table, v. Demesne lands. 
 
 Bordlode. In old English law. The quantity of provisions which 
 bordarii or bordmen paid for their bordland. 
 
 Bordseryice. In old English law. A tenure of bordlands. v. Bordage. 
 
 Borg, borh, borah, borhoe, sax. and o. sc. In Saxon law. A pledge ; a 
 pledge-giver, or surety : the head of each family composing a tith- 
 ing or decennary, each being the pledge for the good conduct of the 
 others. 
 In old Scots law. To let lands to borgh was to give possession to the 
 last lawful possessor, under pledge to restore the same to him who 
 should be found to have the right Borgh of hamhald: a pledge 
 or surety given by a seller of goods to the buyer for delivery and 
 warranty, v. Decennary; Friburg; Tithing. 
 
 Borgesmon, sax. In Saxon law. The name of the head of each family 
 
 composing a tithing, v. Borg. 
 Borghbrech, bnrghbrech. In Saxon law. Breach or violation of 
 pledge ; pledge-breach. The offense of violating the borg, or pledge 
 given by the inhabitants of a tithing, v. Borg. 
 
 Borhealder, borghealder, borghiealder, borgiealder, borhoealder, 
 corrupted into Borowliolder; Borhesealder, corrupted into Bors- 
 holder and Bursholder, sax. In Saxon and old English law. The 
 
BORHEALDER — BOTTOMRY. 117 
 
 chief, head or principal man of a borg or pledge, that is, of a tithing 
 or decennary; a chief pledge, y. Borsholder; Decanus friborgi. 
 
 Borough, borow, burrough, burgh. la American law. An incorpo- 
 rated town or village. 
 In English law. A town; a walled or foi. <>d town; a town that 
 sends a burgess or burgesses to parliament. Borough court: a pri- 
 vate court of limited jurisdiction, held in a particular district for the 
 prosecution of petty suits. Borough, borow, or burgh English: a 
 custom of burgage tenure in certain old English boroughs and copy- 
 hold manors, by which land descended to the youngest son instead 
 of the eldest, or if the owner had no issue, to his youngest brother. 
 Borough-head, borow-head: the chief or headman of a borough. 
 Borough-holder, borow-holder: v. Borhealder; Borsholder. 
 In Scots law. A corporate body created by charter and consisting of 
 the inhabitants of the territory over which the charter extends. 
 
 Borrowe, sc. In old Scots law. A pledge. 
 
 Borsholder, bnrsholder. In English laiv. The head or principal man 
 of a borg, borough or tithing, v. Borhealder. 
 
 Boscage. In English law. The food that trees yield to cattle ; browse- 
 wood, mast, etc. ; an ancient duty of wind-fallen wood. v. Cablish. 
 
 Boscns, I. I. In old English law. Wood ; all manner of wood ; wood 
 growing ; a wood. 
 
 Bote, sax. In old English law. An allowance ; an estover or estovers. 
 V. Estover. The word is still retained as a part of the compounds, 
 housebote, ploughbote, flrebote, etc., partly in the old Saxon sense of 
 reparation and partly in the more ' general sense of an allowanca 
 V. Cartbote; Firebote; Haybote; Housebote; Ploughbote. 
 In Saxon law. A reparation, or making good of any damage done ; 
 the reparation of a church, town or bridge ; a compensation, amends 
 or recompense ; a satisfaction or composition paid in expiation of an 
 offense, as for the death of a vassal or kinsman, or for breach of the 
 peace. 
 
 Boteless. In old English law. Without amends; without the privi- 
 lege of making satisfaction for a crime by a pecuniary payment; 
 without relief or remedy. Hence, in ordinary language, bootless, 
 in the sense of vain orfruitless. 
 
 Botha, I. I. In old English law. A booth, stall, or tent to stand in, in 
 fairs or markets. 
 
 Bothagium, I. I. In old records. Customary dues paid to the lord of 
 the manor, for the pitching of a booth in a market or fair ; boothage. 
 
 Bothna, bnthna, bothena, 1. 1. In old Scots law. A park where cattle 
 are inclosed and fed. 
 
 Bottomage, I. fr. Bottomry, v. Bottomry. 
 
 Bottomry, bottoinary, bottomree, bottom-rhea. In maritime law. A 
 contract for a loan upon what is in the nature of a mortgage of a 
 vessel, the undertaking being for repayment with interest upon the 
 
118 BOTTOMRY — BOUWER YE. 
 
 return or safe arrival of the vessel. The contract is in the form of a 
 bond which is called a bottomry bond; the risk of the voyage 
 being borne by the lender, the loan is at a high rate of interest. 
 
 Bonclie, bonch, fr. and I. Jr. Mouth; an allowance of provision. 
 V. II port, etc. ; iVe gist, etc. 
 
 Bong'ht note. A memorandum of a sale of goods by a broker, executed 
 by the broker in his own name as the agent of the seller, and given 
 to the buyer, — a memorandum which, with a corresponding sold 
 note given to the seller, binds the parties. 
 
 Boulevard. A broad avenue set apart for ornament and for purposes 
 of amusement and exercise. While a carriage way is a feature, a 
 boulevard is not technically a street or highway. 
 
 Bound. A limit, or inclosing line of lands ; the lines between desig- 
 nated points ; the points themselves ; a boundary, v. Boundary. 
 In American law. Bound, or bounded tree: a tree used as a bound 
 of lands, particularly as a point or mark from which the boundary 
 lines are drawn. 
 In English laic. Bound bailiffs: sherifi's ofiBcers, so called from 
 their being usually bound to the sheriff in an obligation with sure- 
 ties, for the due execution of their office. 
 
 Boundary. A line or an object indicating the limit of a tract of land, 
 an estate, or a state, country or territory ; a line, or connected series 
 of lines going around a tract of land, etc., and inclosing it on all 
 sides. A boundary may be marked by natural objects, or by artifi- 
 cial objects, or by an imaginary line drawn from one such object to 
 another, or by these things in any combination. Artificial bound- 
 ary: an object erected by man, to designate a limit, as a wall, fence 
 or post. Natural boundary: a natural object, left where nature 
 placed it, as a lake, or stream, or tree. 
 
 Bounders. In American law. Visible marks or objects at the ends of 
 lines drawn in surveys of land, showing courses and distances. 
 
 Bourg, fr. In old English law. A borough, v. Borough. 
 In old French law. A walled town or village; a corporate town; 
 originally any aggregation of houses, whether many or few. 
 
 Bourgeois, fr. In old French law. An inhabitant of a bourg ; a per- 
 son entitled to the privileges of a municipal corpoi'ation ; a burgess. 
 
 Bourgeoisie, fr. In old French law. The citizens of a bourg, collect- 
 ively. In later law, the privilege or franchise of being a burgess ; 
 citizenship. 
 
 Bourgessours. v. Burgessoars. 
 
 Bout, fr. An end ; a butt ; the end of a tract of land ; a line limiting 
 it at the end. Bents et cotes: ends and sides ; butts and bounds. 
 
 Bouter, I fr. To put. Bouter avant: to put before ; to produce or 
 exhibit. 
 
 Bonwerye, bouwerie, d. In old New York law. A farm ; a farm on 
 which the farmer's family resided. 
 
BOUWMEESTER — BREAKING. 119 
 
 Bouwmeester, (f. In old New York law. A farmer. 
 
 Borarius, 1. 1. In old English law. An ox-driver ; a driver of an ox- 
 team. 
 
 Bovata, or Bovatus terrse, I I. In old English and Scots law. An ox- 
 gang, or oxgate of land ; as much as an ox could till, or go over. 
 An old measure of uncertain quantity, said by some to be thirteen, 
 by others to be eighteen, acres, v. Oxgang. 
 
 Boycott. A combination among persons to prevent dealings with an- 
 other or others, such as employers or tradesmen, for the purpose of 
 coercion. 
 
 B. E. The initial letters of Bancus Regis, or Bancus RegincB, the name 
 of the English Court of King's or Queen's Bench. 
 
 Brace de la meer, I. fr. In old English law. An arm of the sea. v. Arm 
 of the sea. 
 
 Braceatorinm, I. I. In old English law. A place for brewing ale. 
 V. Brasitorium. ' 
 
 Brachium maris, I. I. An arm of the sea. v. Arm of the sea. 
 
 Branding. In old English law. The marking of convicted felons 
 with a hot iron on the hand or face, as, burning in the hand on the 
 allowance of clergy. 
 
 Bre'. An abbreviation of Breve. 
 
 Breach. A violation of a duty or an obligation ; a breaking, or a forci- 
 ble passing through or over a material object ; that part of a decla- 
 ration which charges a violation of contract Breach of close: an 
 unlawful or unlicensed entry upon the land of another. Breach of 
 contract, or covenant: a violation of an obligation imposed by a 
 conti'act or covenant Breach of ponnd: a breaking of a place in 
 which a thing is lawfully impounded with intent to remove it 
 Breach of prison: an actual forcible breaking of a jail or prison 
 with intent to escape. Breach of privilege: a violation of the priv- 
 ilege of a legislature. Breach of promise: a failure to solemnize a 
 contract to marry. Breach of the peace: a disturbance of the pub- 
 lic peace by a riotous, forcible or unlawful proceeding. Breach of 
 trust: a violation of a duty or obligation arising out of confidence. 
 Breach of warranty: a violation of a contract of warranty. Con- 
 tinuing breach: a continuance of that condition of things, or a 
 repetition of the act, which constitutes a breach. 
 
 Breaking. A parting or dividing with force or violence ; a severing 
 ' by fracture ; a removal of a part of a house or of any fastening de- 
 signed to prevent intrusion; to enter in the night-time with felonious 
 intent; a violating of a duty or obligation; an impeachment of 
 validity by judicial proceedings. Breaking a case: the expression 
 by the judges one to another of their views of a case, preliminary 
 to a formal delivery of their opinions. Breaking a will: an estab- 
 lishing of its invalidity by a judicial proceeding. Breaking balk: 
 an opening by a bailee of a parcel intrusted to him and fraudulently 
 
120 BREAKING — BREVE. 
 
 appropriating its contents. Breaking doors: a forcible removing of 
 the fastenings of a house so that a person may enter. Breaking 
 jail, or prison: an escaping from lawful confinement, v. Breach. 
 
 Brecon, 1. 1 In old English law. A breach, or decay, or any other want 
 of repair. 
 
 Bredwite, sax. In Saxon and old English law. A fine, penalty or 
 amercement imposed for a default in the assise of bread. 
 
 Bref, brefe, brief, brieflfe, briefve, I. Jr. In old English law. A writ 
 Brief de droit: a writ of right v. Breve; Brief. 
 
 Brelion, pi. brehons. In old Irish law. A judge. Brelion law: the 
 native system of law which existed in Ireland prior to the conquest 
 by Henry IL So called from the name given to the judges. 
 
 Brephotrophi, gr.-l. In the civil law. Persons appointed to take charge 
 of foundlings. 
 
 Brettwalda, sax. In Saxon law. The ruler of the Saxon heptarchy. 
 
 Breve, pi. brevia. In old English law. A writ; strictly an original 
 ,writ, a writ by which alone any action in a superior court could be 
 begun ; in a more general sense, any precept of the king in writing 
 and under seal issuing out of any court ; a commission of a justice 
 of a superior court So called because of its brevity. Breve de 
 recto: a writ of right Breve innoniinatum (pi. brevia innom- 
 inata): a writ containing a general statement only of the cause 
 of action. Breve judiciale (pi. brevia judicialia): a judicial writ ; 
 a writ issued by the court after the action was begun ; any writ 
 other than an original writ Breve nominatam (pi. brevia nomi- 
 nata): a writ in which the circumstances of the case were particu- 
 larly set out Breve testatum: a conveyance in writing attested 
 by subscribing witnesses; a brief memorandum attested by wit- 
 nesses, and used as evidence of feudal investiture. Brevia adversa- 
 ria: adversary writs; writs brought by an adversary to recover 
 land. Brevia amicabilia: amicable writs, or writs brought by con- 
 sent or agreement Brevia anticipantia: writs of prevention. 
 Brevia formata, or de cursn: writs of form or of course ; original 
 writs the form of which was fixed and which issued as of course 
 without cause shown. Brevia magistralia: writs prepared by the 
 masters or clerks in chancery in cases for which there were no 
 brevia formata, the writs being framed to suit the cases. They 
 gave place, under the statute West II., c. 24, to writs upon the case. 
 Brevia testata: brief memoranda used in ■ feudal times to perpet- 
 uate the tenor of conveyances and investitures, not signed nor sealed 
 by the parties, but attested by witnesses and supported only by their 
 testimony, — supposed to have been the origin of the modern deed. 
 V. Bref; De, etc. 
 In old Scots law. Breve testatum: an acknowledgment in writing 
 made on the land upon giving possession to a vassal. 
 
BREVIARIUM — BRUARIUM. 121 
 
 Breyiarinni alaricianum, or Breyiarlum aniani, I. The breviaiy, or 
 abridgment of Alaric, or of Anian ; a code of law compiled by order 
 of Alaric II., king of the Visigoths, for the use of the Romans living 
 in his empire, published A. D. 506. In the middle ages it is com- 
 monly referred to under the titles Corpus Theodosianum, Lex Theo- 
 dosiana, Liber Legum, or Lex Romana. 
 
 Breviate. In English law. An abstract, or epitome ; a brief. A short 
 extract, or copy of a writing. 
 
 Bribery, The offering of an undue reward to a person concerned in 
 the administration of justice, or to a public officer, to influence his 
 behavior in his office ; the taking of such undue reward ; the giv- 
 ing, promising or receiving of money, etc., to procure votes, or to 
 influence voters at elections to public office. 
 
 ^ief. A concise statement ; an abridgment. Brief of title: an ab- 
 stract of deeds, judicial proceedings, etc., affecting the title to realty. 
 In American law. A written or printed argument or an abridged 
 statement of the facts and the law of the case prepared by couusel 
 and submitted to the court, upon the basis of which the oral argu- 
 ment, if there is one, proceeds. 
 In English law. A statement of the case, prepared by the attorney, 
 containing the pleadings, the names of the witnesses, etc., for the 
 convenience and instruction of the barrister or counsel at the trial. 
 In old law. A writ v. Breve. 
 
 Brieve, sc In old Scots law. A writ Brieve of richt: a writ of 
 right 
 
 Brigbote, briggebote, brngbote, saoi. In Saxon and old English law. 
 A tribute or contribution towards the repairing of bridges ; an ac- 
 quittance or exemption from such duty. 
 
 Bris, fr. In French maritime laio. Breaking ; wreck, v. Naufrage. 
 
 Brocage, brokage. In old English law. The wages, compensation or 
 commission of a broker; the business or occupation of a brokei. 
 
 Brocarius, broccarins, 1. 1, Brocker, o. se. In old Scots law. A broker, 
 negotiator, mediator, or middle-man. 
 
 Broccator, I l, Brogger. In old English law. A broker. 
 
 Brogger. A broker ; so called in old English statutes. 
 
 Broker. An agent employed to buy and sell or to make contracts, par- 
 ticularly in matters of trade, commerce and navigation, as a mere 
 middle-man or negotiator, — he being, in general, not authorized to 
 contract in his own name, nor intrusted with possession or the right 
 to possession, as a factor is. In its earlier use, the word was con- 
 fined to persons acting in dealings between merchant and mer- 
 chant 
 
 Brokerage. The commission paid to a broker. 
 
 Brnarium, braera, bruerla, bruernm, brnyrlum, I. 1. In old English 
 law. A heath ground ; ground where heath grows. 
 
122 BRUGBOTE — BURGESS. 
 
 Brngbote, brigbote, brigrgebote, saoc. In old English law. A con- 
 tribution for the repair of bridges. 
 
 Brnillns, brogillus, I. I. In old English law. A thicket or clump of 
 trees in a park or forest ; a grove or wood. Brnilletns: a small 
 coppice wood or thicket 
 
 Brasonr, I. Jr. In old English law. A breaker, as of prison. 
 
 Brusure. A breaking. Brusure de ponntz: breaking of bridges. 
 
 Braise, Brussura, I. I. An injury to the person, done with violence, but 
 without breaking the skin. 
 
 Ballaria, I. I. In old English law. A bullary, or boilary ; a place for 
 boiling. BuUaria aqusB salsse: a boilary of salt water ; a salt-house 
 or salt-pit, where salt is boiled. 
 
 Bnllitio salis, I. I. In old English law. A boiling of salt; as much 
 brine or salt as was made from one boiling. 
 
 Bnltelluin, 1 1. In old English law. The boulting of grain, after it was 
 ground ; or the sieve with which it was boulted. 
 
 Buuda, bonda, boniia, I. I. In old English law. A border or limit ; a 
 bound or boundary. Bundse et metse et rationabiles diTisse: 
 bounds and metes and reasonable limits. 
 
 Burden of proof. The necessity of proving a fact or facts in dispute 
 on an issue between parties in a cause, v. Onus prdbandi. 
 
 Barg, burgh, sax. A castle, or fortified place ; a borough, v. Burgus. 
 
 Burgage, Burgaginm, I. I. In English law. A tenure by which houses, 
 or lands formerly the site of houses, in ancient boroughs, are held of 
 the king, or other lord of the borough, — a species of socage tenure ; 
 a dwelling-house in a borough town, anciently so called. 
 
 Burgarii, burgenses, I. I. In old English law. Inhabitants of a burgus, 
 borough, or walled town ; burghers or burgesses. 
 
 Burgator, I. I. In old criminal law. One who broke into and robbed 
 a burg, or inclosed place ; a burglar or housebreaker. 
 
 Bnrgbote, burghbote, sax. In old English law. A contribution for the 
 repair of castles or walls of defense, or of a borough or city ; an ex- 
 emption from such a contribution. 
 
 Bnrgemotns, I. I. A burg mote, or burgh mote. v. Burghmote. 
 
 Burgenses, I: I. In old English law. Inhabitants of a burgus or bor- 
 ough; burgesses. 
 
 Bnrgess. In American law. In some states, formerly, a member of a 
 branch of the legislature, as in Virginia. In some states, a magis- 
 trate of a borough corresponding to the mayor of a city, as in Penn- 
 sylvania. 
 In English law. A representative of a borough or town, in parlia- 
 ment ; a magistrate of a borough ; an inhabitant or freeman of a 
 borough or town ; a person duly admitted a member of a municipal 
 corporation ; an elector or voter ; a person legally qualified to vote 
 at elections. Burgess roll, or list: an alphabetical roll or list, under 
 
BURGESS — BURROWMEALIS. 123 
 
 the' municipal corporation act, 5 and 6 Will. IV., c. 76, of burgesses 
 in boroughs on which rights were conferred by the act. 
 
 Burgessours, bonrgessonrs, Z. /n In old English law. Burglars. 
 
 Burgh. A borough. Burgh English, or Engloys: borough English, 
 q. V. 
 
 Burghhrech, burghbrlch, borghbrech. In Saxon law. Breach of 
 pledge ; violating of the pledge given by every inhabitant of a tith- 
 ing, to keep the peace ; bi-each of the peace, v. Borgbreeh. 
 
 Bnrghmote, bnrgmote, burgemote, sax. In Saxon law. The court or 
 meeting of a burgh or borough ; a borough court ; a court held in 
 burghs or towns thrice a year, at which the earldorman or alderman 
 presided, v. Gemote. 
 
 Bnrghwar, pi burghwarn, sax. In Saxon law. An inhabitant of a 
 burgh or borough ; a burgess or burghei-. 
 
 Burglar, Burgator, burglator, 1. 1. A person who commits burglary. 
 
 Burglariously. In the manner of a burglar; with intent to commit 
 burglary. Except as otherwise by statute, an essential word in an 
 indictment for burglary, as burglariter was formerly. 
 
 Burglariter, I. I. Burglariously. In old pleading an essential word in 
 an indictment for burglary, — a word of art admitting of no peri- 
 phrasis. 
 
 Burglary. The breaking and entering the dwelling-house of another 
 by night, with intent to commit a felony. The meaning of the word 
 has been to some extent modified by statute both in England and 
 America, — in America, to include offenses committed by day, and in 
 other buildings; and various degrees of the crime have been estab- 
 lished also. 
 
 Burgundian law. v. Lex Burgundionum. 
 
 Burking. Murdering for the purpose of procui-ing a body to sell for dis- 
 section. 
 
 Burlaw, byrlaw, or birlaw courts. In Scots law. Courts composed 
 of neighbors elected and chosen by common consent, which take 
 cognizance of complaints between neighbor and neighbor. The 
 judges are called burlaw-men, etc. v. By-law-men. 
 
 Burlaws, birlaws, byrlaws. In Scots law. Laws made by neighbors 
 elected by common consent in the birlaw courts ; laws made by hus- 
 bandmen, etc., concerning neighborhood. 
 
 Burning. The act of subjecting to fire or heat ; the act of consuming 
 by fire or heat ; in the law of arson the act of consuming with fire. 
 Burning in the hand: burning on the brawn of the left thumb, 
 ancientlj' inflicted upon lay offenders who were allowed the benefit 
 of clergy, in order to prevent its allowance a second time. 
 
 Bnrrowmealis, burrow-meals, burrow-mailles. In Scots law. Rents 
 paid to the king by the burgesses, or inhabitants of a borough, or 
 burrow, v. Blackmail; Ferm; Maile, 
 
124: BUESA — BY. 
 
 Bursa, I. l, Barsc, I, fr. In old English law. A purse ; a bag. Bursa- 
 rum scissores: cutters of purses ; cut-purses. 
 
 Burying alive. In old English law. The punishment for sodomy, and 
 contracting with Jews. 
 
 Busca, I. I. In old English law. Hedgewood; underwood, billet or 
 brushwood, v. Boscus. 
 
 Buscarl, bntsecarl, buzecarl, sax. In Saxon and old English law. 
 Seamen or marines. 
 
 Bnsellus, bussellus, bussellum, I. I. A bushel, v. Bussellus. 
 
 Bushel. A dry measui-e containing eight gallons. The standard meas- 
 ure in the United States contains 2,150.42 cubic inches, which is the 
 same as what is known as the Winchester bushel, the standard in 
 England from the time of Henry VII. until 1826, when the standard 
 known as the Imperial bushel was established. That contains 
 2,218.192 cubic inches, v. Bussellus. 
 
 Bussellus, busellus, bussellum, I. l, Bussel, I fr. In old English 
 law. A bushel ; a dry measure containing eight gallons of wheat 
 Bnssels at demy bussels: bushels and half-bushels. 
 
 Butlerage. In old English law. An ancient hereditary duty belong- 
 ing to the crown, at first called prisage (q. v.), being the right of 
 taking two tuns of wine from every ship importing into England 
 twenty tuns or more. By charter of Edward L it was changed to a 
 duty of two shillings for every tun imported by merchant strangers, — 
 called butlerage, because paid to the king's butler. 
 
 Butt. In old English law. A measure of wine, containing at least 125 
 gallons ; a measure of land. 
 
 Butta, biittis, I. I. In old English law. A standing measure of wine ; 
 a vessel for measuring, holding or carrying liquids. 
 
 Buttals, In old conveyancing. The boundary lines of lands on the 
 ends, as distinguished from those on the sides, which were called 
 sidings, v. Abuttals. 
 
 Butts. Short pieces of land left unploughed at the ends of a ploughed 
 field, where the plough is turned ; headlands, q. v. ; the corners or 
 angles of lines which separate a pai-cel of land from the lands that 
 surround it. Butts and bounds: the lines which separate a piece 
 of land from the lands which surround it ; metes and bounds. 
 
 Bnttum, I. I. In old records, a butt or measure of land. 
 
 Buyer's option. A right on the part of a buyer to take and pay for the 
 thing bought at any time within a given period. 
 
 Buying titles. The purchase of lands or claims to lands from parties 
 not in possession, v. Champerty. 
 
 By. Near ; near to ; by the side of ; with, or through, as means or 
 mode ; according to ; by authority, allowance or direction of. By 
 bill, by bill without writ: terms anciently used to designate ac- 
 tions commenced by original bill, as distinguished from those com- 
 
BY — CAD AT. 125 
 
 menced by original writ, and applied in modern practice to suits 
 commenced by capias ad respondendum. By estimation: a phrase 
 used in conveyances, in describing the quantity of land conveyed, 
 vi^here it is not precisely ascertained by measurement v. More or 
 less. By the bye; incidentally. A term formerly applied in Eng- 
 lish practice to a peculiar mode of declaring, as distinguished from 
 declaring in chief. 
 In old English law. By (}od and my country: the established for- 
 mula of reply by a prisoner, when arraigned at the bar, to the ques- 
 tion "Culprit, how wilt thou be tried?" 
 
 By-bidding. Bidding on property offered for sale at auction, by or in 
 behalf of the owner, for the mere purpose of raising the price. 
 
 By-law men. In English law. The chief men of a town, representing 
 the inhabitants. 
 
 By-laws. Originally the local laws of municipal corporations, as dis- 
 tinguished from the general laws of the land. Now generally the 
 private laws or regulations made by any corporation for its own 
 government 
 
 C. An abbreviation for chancellor, chapter, circuit, code. Formerly in 
 some jurisdictions branded on the forehead as part of the punish- 
 ment for counterfeiting. C. A. T.: Curia advisari vult. C. C: cepi 
 cor%Ms; circuit, county or city court; criminal, civil or chancery 
 cases ; civil code. C. J.: chief justice. C. 0. D.: collect on delivery. 
 C. P.: common pleas. 
 In English law. C. B.: chief baron ; common bench. C. C: crown 
 
 cases. C. R.: curia regis. 
 In the civil law. The initial letter of condemno, I condemn, inscribed 
 on the ballots by which, among the Romans, jurors voted for con- 
 demnation. The initial letter of the word codex, sometimes used in 
 citing the code of Justinian. 
 
 Ca., I. fr. Here. Ca et la: here and there. 
 
 Ca. resp.: v. Capias ad respondendum. Ca. sa.: v. Capias ad satisfacien- 
 dum. 
 
 Caballeria. In Spaflish law. An allotment of land, being a lot one 
 hundred feet front and two hundred feet deep. 
 
 Cablish, Cablis, fr. In the forest law. Brush-wood or browse-wood ; 
 wind-fallen wood. 
 
 Cacicazgos, span. In Spanish-American law. Property entailed on the 
 caciques or heads of Indian villages and their descendants. 
 
 Cadastre, span. In Spanish law. An ofiScial statement of the quantity 
 and value of realty in a district, made for the purpose of apportion- 
 ing taxes. 
 
 Cadat a cansa sua, I. He shall lose his cause. Cadat ab actioue sua 
 et a causa: he shall fail in his action and cause. 
 
126 CADERE - CALENDAR. 
 
 Cadere, I. I. In old practice. To fall; to fail; to cease; to abate. 
 Cadere a, or ab: to lose; to fail in; to be defeated, v. Cadat; 
 Cadit. Cadere assisa: to be nonsuited. Cadere cansa: to be cast ; 
 to lose one's cause. Cadere in: to fall into ; to change into ; to be- 
 come liable to; — assisam: to be the subject of an assise, as a cove- 
 nant or a contract ; to be sued in that form. v. Cadit. 
 
 Cadit, I. In old practice. (It) falls, fails, abates. Cadit a causa: she 
 loses her cause. Cadit actio: the action fails, or abates. Cadit ap- 
 pellnm: the appeal fails. Cadit assisa: the assise fails ; — in ju- 
 ratam: the assise is turned into a common jury ; — in perambnla- 
 tionem: the assise is turned into a perambulation ; — nee est capi- 
 enda nt assisa, sed yertitur in jurataui: the assise falls, nor is it 
 to be taken as an assise, but it is turned into a jury. Cadit breve: 
 the writ fails. Cadit donatio in partem: the gift becomes the sub- 
 ject of division. Cadit mnlier a casu: the woman loses her case. 
 Cadit qneestio: the question fails ; there is an end of the question. 
 Cadit warrantia: the warranty falls, v. Cadat; Cadere. 
 
 Cadnca, I. I. In the civil law. Escheats; escheated estates or lands. 
 V. De caduais, etc. ; Escheat. 
 
 Caducus, cadnca, I. I. In the civil and old common law. Falling ; fallen ; 
 escheated ; falling or fallen to the state. Gadncus morbus: the fall- 
 ing sickness. Cadnca lig'ua: fallen wood. 
 
 Caducary. Relating to escheat, or forfeiture ; having the character of 
 escheat 
 
 Cadns, I. I. In old English law. A barrel. 
 
 Csedere, I. In the civil law. To out, as trees ; to cut down ; to strike 
 with the view of cutting down. 
 
 Csedua, I. In the civil and old common law. Kept for cutting; intended 
 or used to be cut Applied to wood. 
 
 Cietera desnnt, I. Other things are wanting, v. Cceieris. 
 
 Caeteris paribus, I Other things being equal. Ceteris tacentibns: 
 the others being silent, — i. e., expressing no opinion. 
 
 Cseterornm, I. Administration granted as to the residue of an estate 
 after a limited power has been exhausted. 
 
 Calamns, Z. A pen ; writing or penmanship. Calami diversitas Tel 
 atramenti: difference of writing or of ink. 
 
 Calangium, calangia, I. I. In old English law. A challenge; a claim 
 or dispute. 
 
 Calcetnm, calcea, calceata, I. I. ' In old English law. A path or road 
 raised with earth and paved ; a cause-way or causey. 
 
 Calefaginm, I. I. In old English law. A right to take fuel yearly. 
 
 Calendar, Jcalendar, Calendarium, I. I. An orderly division of time, as 
 the division into years, months, weeks and days ; a table or register 
 of such division ; an orderly list of persons, things or events. Cal- 
 endar month: a month computed according to the calendar; a 
 solar month, v. Month Calendar of causes: a list of causes in a 
 
CALENDAR -CALUMNIA. 127 
 
 court of record, prepared by the clerk shortly prior to each term, 
 for the use of bench and bar. v. Docket. Calendar of prisoners: 
 a list kept by the sheriflE of persons in his custody. 
 
 Calends, Calendse, Ealendse, I. In the Roman law. The first day of 
 the month in the Roman calendar ; so termed from the custom of a 
 priest calling out, or proclaiming on that day, the month with the 
 festivals and the time of the new moon. 
 
 Call, A demand upon subscribers to the stock of a corporation for 
 payment on account of their subscriptions. 
 In American land law. A designation in a survey or grant of a vis- 
 ible natural object as a limit or boundary; termed a special or 
 locative call ; a designation of courses and distances, termed a gen- 
 eral call. 
 
 Call. To request or command to come or be present; to summon to 
 the discharge of a particular duty ; to utter in a loud and distinct 
 voice. Call a case: to announce that a cause on the list or calendar 
 may now be tried or argued ; to announce that it may be placed on 
 a particular list Call a docket, or list: to go over the docket or 
 list in open court with inquiry cause by cause, eis to what causes 
 are ready for trial ; to call for trial or argument causes set in the 
 docket or list for trial or argument Call a jury: to draw from the 
 names of persons summoned the names of persons to serve as a jury. 
 Call a party: to call the name of a party in open court and com- 
 mand him to appear for the performance of some duty. ' Call a 
 plaintiff: formally to nonsuit the plaintiff when he desires to aban- 
 don the case, which is effected by his withdrawing from the court 
 room and not appearing when called by the crier. Call a prisoner: 
 to require a prisoner to present himself and answer to the indict- 
 ment in presence of the court Call a witness: to present a wit- 
 ness for examination ; to call his name where he has been summoned 
 but has not appeared, preparatory to issue of an attachment 
 In American land law. To designate in a survey or grant a natural 
 
 object or a course and distance, as a limit or boundary, v. Call. 
 In English law. Call to the bar: to confer upon a member of one of 
 the Inns of Court the degree or dignity of barrister. 
 
 Calpe, caupe. In old Scots law. A gift made by a man in his life- 
 time and liege poustie (lawful power) to the chief of his clan or 
 other superior, for his maintenance and protection, and for delivery 
 immediately after his decease, v. Herezeld. 
 
 Calnmnia, calnmpnia, I. I. In eld English law. A claim or demand ; 
 the demand of a right in a thing ; a challenge ; an objection. 
 In the civil law.i Calumny, malice, or ill design; a false accusation; 
 a malicious prosecution. CalnmnisB jusjurandum: the oath of 
 calumny ; an oath imposed on the parties to a suit, that they did 
 not sue or defend with the intention of caluminating, i. e., with a 
 malicious design. 
 
128 CALUMNIARE — CANCEL. 
 
 Caluiuuiare, caluinpniare, II In old English law. To claim or de- 
 mand ; to object to ; to challenge. Calampniavit arraiamentum 
 panelli: he challenged the array of the panel. 
 In the civil law. To calumniate, or maliciously injure; to accuse 
 falsely. 
 
 Calumniator, I. In the civil law. One who accused another of a crime 
 ■without cause. 
 
 €amblatoi', I I. In old English law. An exchanger. Caiul)iatores 
 monetae: exchangers of money ; money-changers. 
 
 Cambipai'tia, cambipartita, I. I. In old English law. Champerty. 
 V. Champerty; Campers. 
 
 Cainbipartlceps, cambipartitor, 1 1, In old English law. A cham- 
 pertor. v. Champertor. 
 
 Cambire, L I. In old English law. To change or exchange. 
 
 Cambist. A dealer in notes and bills of exchange. 
 
 Cambitoria, 1. 1. In old pleading, of, or relating to, exchange. 
 
 Camboca, cambuca, 1. 1. In old ecclesiastical records. A crozier ; a 
 bishop's pastoral staff. 
 
 Camera, I. I. In old English law. A chamber; a judge's chamber. 
 Camera regis: a chamber of the king ; a place of peculiar privileges, 
 especially in a commercial way. Camera scaccarii: the exchequer 
 chamber, v. Exchequer chamber. Camera stellata: the star cham- 
 ber. V. Star chamber. 
 
 Camerarius, I. I. In old English law. A chamberlain ; an officer who 
 had the charge of the royal- chambers or apartments; a bailiff or 
 receiver. 
 
 Camino, span. In Spanish law. A highway ; the right of way. 
 
 Campartum. In old records. A part or portion of a larger field or 
 ground; champerty, v. Campers. 
 
 Campers, campipars, I. I In old English statutes. A share or division 
 of land, or other thing ; champerty, v. Champerty. 
 
 Campertum, I. L In old records. A corn-field ; a field of grain. 
 
 Camp-flght. In old English law. The fighting of two champions in the 
 field ; the judicial combat, or duellum. v. Acre-fight. 
 
 Campio, I. I. In old English law. A champion. Campio condactivus: 
 a hired champion, v. Champion. 
 
 Campus, Z. In feudal and old English law. A field, or plain ; the field 
 marked out for the combatants in the trial by battel ; the combat 
 itself ; camp-fight, v. Acre-fight. Campus Maii: the field of May ; 
 an anniversary assembly of the Saxons on May-day to confederate 
 for defense of the kingdom against all enemies. 
 In old European law. An assembly of the people ; so called from be- 
 ing anciently held in the open air, in some plain capable of con- 
 taining a large number of persons. 
 
 Cancel. To obliterate or deface a written instrument so as to make it 
 of no effect ; anciently by drawing lines across its face in the form 
 
CANCEL — CANONICUS. 129 
 
 of eancelU, or lattice-work, whence the word ; to expunge ; to set 
 aside ; to do away with. 
 
 Cancellare, I. I. In old records. To lay or place crosswise. Cancellarc 
 inauus: to cancellate the hands ; to lay them across each other. 
 
 Canccllaria, I. I. In old English law. Chancery ; the chancery ; the 
 court of chancery. 
 
 Caucellai'ius, I. I. In Old English law. Chancellor ; a chancellor. Can- 
 cellarius de scaccario, or Caucellarius et subthesaurarias scac- 
 carii domini reg'is: chancellor of the exchequer. CaucellarinR 
 ducatns et comitatus palatini domini regis Lane': chancellor of 
 the duchy of Lancaster. 
 In the Roman law. An officer in the lower Roman empire, otherwise 
 called scriba, notarius, graphiarius, secretarius, seriniarius, a ean- 
 cellis, a secretis, ab actis, a libellis, antigraphus, logothetes. and 
 caniclinus. A scribe, secretary, register, notary ; a chancellor. 
 V. Chancellor. 
 
 Cancellatnra, 1 1. In old English late. A canceling. 
 
 Cancelli, I. Bars laid across each other; lattices, or windows made 
 with bars laid crosswise, one over another; incloaures in courts, 
 composed of such cross-bars, to keep off the press of the people, 
 without obslructmg their view of the court Hence the name of 
 the court of chancery. 
 
 Caufara, I. I. In old records. A trial by hot iron, formerly used in 
 England. 
 
 Ganna. In old records. A rod, in measures of groimd or distance. 
 
 Canon. A law, rule or ordinance in general, and of the church in par- 
 ticular. Canon of inheritance: a legal rule regulating the trans- 
 mission of estates from ancestor to heir. 
 In English ecclesiastical law. A prebendary or member of a chapter ; 
 a person possessing a revenue allotted for the performance of divine 
 service in a cathedral or collegiate church. Canon law of Eng- 
 land: a law composed of legatine and provincial constitutions en- 
 acted in England prior to the Reformation, and kept in force by the 
 statute 25 Henry VIII., c. 19, pending a review for which that stat- 
 ute provided, but which was never completed. 
 In Roman ecclesiastical law. Canon law: a collection of ecclesias- 
 tical constitutions for the regulation of the policy and discipline of 
 the church of Rome, consisting of the ordinances of council^ and 
 decrees, decretal epistles and bulls of the popes. 
 
 Canon religiosorum, I. In ecclesiastical law. A book wherein the re- 
 ligious of every greater convent had a transcript of the rules of the'r 
 , order often read among them as their local statutes. 
 In the civil law. A rent ; a prestation ; a pension or customary pay- 
 ment 
 
 Canonicns, I. L In old English law. A canon. 
 
130 CANONRY — CAPIAS. 
 
 Canonry. In English ecclesiastical law. An ecclesiastical benefice, at- 
 taching to the oflSce of canon. 
 
 Cantaria, I. I In old English law. A chantry. 
 
 Cantel. In old English law. That which is added above measure; 
 heaped measure. 
 
 Cantred, cantref, cantrep, kantref. In old records. A district con- 
 taining a hundred villages; a hundred. In Wales, the counties 
 were divided into cantreds, as in England into hundreds. 
 
 Caunm, I. I. In old Scots law. A tribute or duty, generally of produce, 
 paid by the tenant of land to the lord, especially to ecclesiastical 
 superiors, v. Kain. 
 
 Capacity. Ability, power, competency or qualification to do certain 
 acts, perform a certain function, or assume a certain relation ; as 
 capacity to contract, to devise, to take or hold lands ; capacity to act 
 as administrator or guardian, or referee, or as a public officer. Hence 
 fiduciary, judicial and ministerial capacity. 
 
 Capax, I. One who takes or holds ; one who can take, hold or enter- 
 tain ; capable of. Capax negotii: capable of transacting business. 
 Capaces: takers or holders, v. Doli. 
 
 Cape, I. In old English law. Take ; a judicial writ, issued in real ac- 
 tions, directing the sheriff to take and hold the laud where the tenant 
 or defendant made default Cape ad valentiam: a species of cape 
 magnum which issued in behalf of a tenant defendant when the per- 
 son whom he called to warrant made default and the demandant 
 recovered, commanding the sheriff to take land of the vouchee equal 
 in value to the land recovered. Cape magnnin, or grand cape: the 
 writ awarded when the defendant had not appeared, requiring an 
 answer to the default and demand. Cape parvnm, or petit cape: 
 the writ issued after appearance, requiring an answer to the def.iult 
 alone, v. Grand cape; Magnum cape; Parvum cape; Petit cape. 
 
 Capellns, I. I. In old English law. A cap. Capellus ferreus: a steel 
 cap ; a helmet or bead-pieca 
 
 Capere, I. In old English law. To take ; to seize or arrest ; to take or 
 receive judicially; to receive the verdict of an assise or jury; to 
 hold courts at which such verdicts weie given. Capiatur veredic- 
 turn juratorum: the verdict of the jurors shall be taken. 
 In the Roman law. To take ; to take with effect ; to take with the 
 intention of holding or keeping ; to accept, as distinguished from 
 receive. 
 
 Capias, I. Take you, — the general name for a writ of attachment or 
 arrest. Capias ad compntandnm: take you — to make account ; a 
 writ issued in the action of account render, upon judgment quod 
 computet, where the defendant refused to appear before the auditors 
 and account in person. Capias ad respondendum: take you — to 
 answer ; a judicial writ, commonly called a capias, by which actions 
 are frequently commenced, and which command the sheriff to take 
 
CAPIAS — CAPITALE. 131 
 
 the defendant and safely keep him so that he may have his body 
 before the court to answer in the action. Capias ad satisfacien- 
 dum: take you — to satisfy ; a writ of execution, commonly called, 
 for brevity, a ca. sa., which may issue after judgment in certain 
 actions, and which commands the sheriff to take the party and keep 
 him safely, so that he may have his body before the court to satisfy 
 the judgment Capias in witliernara : take you in witheiiiam ; a 
 writ of reprisal which issues where cattle or goods have been driven 
 or carried out of the county so that they cannot be replevied, com- 
 manding the sheriff to take other cattle or goods of the distrainor of 
 equal value. 
 In English law. Capias ad andiendnin jadicinm: take you — to 
 hear judgment ; a writ which issues to bring in a person tried for 
 a misdemeanor to receive judgment. Capias pro fine: take you — 
 for the fine ; a writ by which a person condemned to pay a fine to 
 the king was formerly taken and imprisoned until he paid it 
 Capias utlagatiiin: take you the outlaw; a writ- against a person 
 outlawed in a^ action, commanding the sheriff to take him and 
 keep him until the return-day, and then to present him in court to 
 be dealt with for his contempt 
 
 Capiatur pro line, /. I. In old English law. Let him be taken for the 
 fine; a clause inserted at the end of old judgment records in ac- 
 tions of debt where it was found against the defendant upon his 
 false plea, and the jury were troubled with the trial of it The same 
 form was used in replevin, trespass, ejectment, assault and false im- 
 prisonment ; the judgment ordering the party to be taken until he 
 paid a fine for the public misdemeanor which was considered as 
 coupled with the private injury in those cases. 
 
 Capita, I. Heads, and figuratively, entire bodies, whether of persons or 
 animals ; persons individually considered ; persons as distinguished 
 from stirpes or stocks of descent ; heads of cattle ; heads, chapters 
 or general divisions ; titles. Capita Icgis: heads of law. v. Capi- 
 talia; Caput; In capita; Per capita. 
 
 Capitaine, fr. Leader; commander; captain. Capitaine flote: com- 
 mander of the fieet 
 
 Capital. Chief ; principal ; at the head ; as, a capital burgess, a capital 
 citizen, a capital messuage. Relating to or affecting the life of a 
 person ; as, a capital crime, capital punishment A fund employed 
 as the head, beginning or basis of an undeftaWng or enterprise. 
 Capital stock: the fund of a trading company or corporation. 
 V. Capitalis. 
 
 Capitale, captale, I. I In old European law. A beast or animal, con- 
 sidered as an article of property. Capitalia, captalia: any kind 
 of goods, but properly that which consists in animals, sometimes 
 called capita, sometimes capitalia, and by contraction captalia and 
 catalia; whence catalla, chattels. 
 
132 CAPITALIS — CAPITULA. 
 
 Capitalis, I. In old English law. Affecting or involving life, capital ; 
 at the head, chief, principal. Capitalis baro: chief baron ; — scac- 
 carii domini regis: chief baron of the exchequer. Capitalis cnstos: 
 chief warden or magistrate; mayor. Capitalis debitor: a principal 
 debtor, as distinguished from plegius, a surety. Capitalis doininns: 
 chief lord. Capitalis justitiarius: chief justiciar or justiciary; 
 chief justice ; — ad placita coram reg'e tenenda: chief justice for 
 holding pleas before the king; the title of the chief justice of the 
 King's Bench, first assumed in the latter part of the reign of 
 Henry III. ; — banci, or de banco: chief justice of the bench ; the 
 title of the chief justice of the Court of Common Pleas, first men- 
 tioned in the first year of Edward I. ; — totias Anglise: chief jus- 
 tice of all England; the title of the presiding justice in the court 
 of Aula Regis,— a title which ceased in the fifty-second year of 
 Henry III. Capitalis plegias: a chief pledge; a head borough. 
 Capitalis terra: a head-land ; a piece of land lying at the head of 
 other land. Capitalis redditus: a chief rent. 
 In the civil law. Offenses punishable by the loss of civil rights, inter- 
 diction of fire and water, banishment or labor in the mines, as well 
 as offenses affecting or involving life, were termed capital. 
 
 Capitanens, I. I In feudal law. One who held an estate or dignity in 
 capite, that is. immediately from the king; a chief lord or baron of 
 the king ; a leader ; a captain ; a naval commander. Capitaneus et 
 cnstos maris: captain and warden of the sea ; a title given to a naval 
 ofiScer. 
 
 Capitare, 1. 1. In old law and surveys. To head, front or abut ; to touch 
 at the head or end. 
 
 Capitatim, I. By the head ; to each individual. 
 
 Capitation. A tax on the head or person ; a poll-tax. 
 
 Capite minutus, I. In the civil law. One who had suffered the capitis 
 deminutio. v. Capitis deminutio. ' 
 
 Capitis deminntio, /. In the civil law. The loss of a status or civil 
 qualification; the change of a man's former condition. Capitis 
 deminutio maxima: the highest kind of capitis deminutio, when 
 liberty was lost, which carried with it citizenship and family. Capitis 
 deminutio media: the less or middle kind of capitis deminutio, 
 when the right of citizenship was lost (which carried with it family), 
 but liberty was retained. Capitis deminutio minima: the least or 
 lowest kind of capitis deminutio, when liberty and citizenship were 
 "retained, but family or family relations underwent a change, as 
 by arrogation of a person sui juris, or emancipation of afilius- 
 familias. 
 
 Capitula, I Z. In feudal and old ecclesiastical law. Chapters or assem- 
 blies of ecclesiastical persons; collections of laws or ordinances, 
 drawn up under certain divisions or heads. 
 In old English law. Capitula coronas: chapters of the crown; chap- 
 
CAPITULA — CAPUT, 133 
 
 ters or heads of inquiry, resembling the capitula itineris, but more 
 minute, delivered in 1194. Capitula de Jiideeis: chapters or articles 
 concerning the Jews ; articles of inquiry relating to the Jews, de- 
 livered to the justices itinerant in the reign of Richard I., direct- 
 ing them to adjudge what revenue should be paid by the Jews to 
 the king for protection, license to trade and the like. Capitula 
 itineris: chapters of the eyre ; chaptei-s, articles, heads or schedules 
 of inquiry, delivered to the justices itinerant in behalf of the crown 
 for their direction, and read and given in charge by them to the 
 juries from the various hundreds at the opening of the eyre. 
 
 Capitulary. A collection of chapters ; a decree or ordinanca 
 
 Capitnluni, /. 2. In old English lau\ A chapter; a small head or di- 
 vision ; an assembly of ecclesiastical persons ; a congregation of 
 clergymen under one dean in a cathedral church, v. Chapter. 
 
 Ciiptio, I. In old English law. A taking or seizure of a thing, as an 
 animal ; a taking or seizure of land ; a taking or arrest of a person ; 
 a taking or holding of a court ; a taking or receiving. Captio as- 
 sisat: the taking of the assise. 
 
 Caption. A taking or seizure of a thing, as an animal ; a certificate of 
 the taking of a commission, subscribed by the commissionei-s ; the 
 title or heading of a legal document, as a bill in equity, an indict- 
 ment, etc. Formerly also a taking, seizure or arrest of a person, but 
 in this sense the word is now obsolete. 
 In Scots law. A taking of a person ; arrest ; apprehension. 
 
 Captor, I. I. In old English lato. A taker ; a lessee ; a taker of prop- 
 erty ; one who seized cattle as a distress. 
 In international law. One who takes or seizes property in time of 
 war, particularly one who takes a prize at sea. 
 
 Capture. In international law. A taking or seizure of the goods of 
 an enemy ; a taking of prizes in time of war, particularly at sea. 
 V. Seizure. 
 
 Caput, I. A bead ; a person ; the life of a person ; a chief ; a beginning ; 
 a principal. 
 In old English law. A head ; a beginning ; a principal division ; the 
 head of a person ; the head or upper end of a place ; a chief or prin- 
 cipal place, house or messuage. Caput anni: the first day of the 
 year. Caput baronite: the castle, n)anor house, or chief seat of a 
 baron. Caput comitatus: the chief seat of an earl. Caput lupi- 
 nuni: a wolf's head ; an outlawed felon, so called because he might 
 be killed, or knocked in the head, like a wolf, if he resisted capture, 
 by any one who might meet him. Caput portus: the head of a 
 port,— the town, i. e., to which it belongs and from which it takes 
 its name. Caput, principium et finis: the head, beginning and 
 end ; the king as head of parliament Caput terrse: the head or 
 upper end of a piece of land. Caput villse: the head of the town. 
 
134 CAPUT — CARMEN. 
 
 In feudal law. A head or chief ; the king, as head of the state. Caput 
 comitatns: the head or chief of the county ; one of the ancient 
 titles of an earL Caput feudi vel terraj: the chief ioi'd of a fee. 
 In the civil law. A person ; a personal qualification or status which 
 was requisite to the capacity for civil rights among the Romans, of 
 which there were three kinds, namely : freedom, citizenship, family. 
 
 Capntagiuiu, I. I. In old English law. Head, or poll money, or the 
 payment of it 
 
 Capntinin, capucium, I I In old English law. A head of land; a 
 headland. 
 
 Car, fr. For ; because. Car entant: forasmuch. 
 
 Carabns, I. I In old English law. A kind of raft or boat. 
 
 Carcannum, I L In old English law. A prison or work-house. 
 
 Carcare, I. I In old English law. . To load : to load a vessel ; to load a 
 carter wagon; to charge, as in account. Carcare et discarcare: 
 to load and discharge. Carcata: loaded; freighted. Carcatio: 
 lading. Carcationes: ladings. 
 
 Career, Z. A prison or gaol. Strictly, a place of confinement or deten- 
 tion and safe keeping, and not of punishment Career ad conti- 
 nendos homines, non ad puniendos liaberi debet: a prison ought 
 to be used for confining men, not for punishing them. Career ad 
 homines custodiendos, non ad puniendos dari debet: a prison 
 
 , should be assigned for keeping men, not for punishing them. 
 
 Care. Attention; caution; diligence; vigilance. Due care, where 
 negligence is the gist of the matter, implies not only the absence 
 of negligence, but no violation of the law of the subject-matter. 
 V. Due; Ordinary; Reasonable; Slight. 
 
 Carecta', carreeta, I. I. In old English lata. A cart; a vehicle dis- 
 tinguished from both currus and carrum. Carectarius: a carter. 
 Carectata: a cart load. 
 
 Carena, carina, carrena, I. I. In old ecclesiastical law. A period 
 of forty days. The same in meaning as quarentena, quarantine. 
 V. Quarantine. 
 
 Cireta, caretta, carretta, I I. In old English law. A cart 
 
 Cargare, 1. 1. In old English law. To charga 
 
 Cargo. The load or lading of a vessel ; goods and merchandise put on 
 board a ship to be carried. The term applies to goods only, not to 
 persons nor to animals. 
 
 Cariaginm, 1. 1. In old English law. Carriage ; the carrying of goods 
 or other things for the king. 
 
 Cariare, 1. 1. In old English law. To carry. Cariare et recariare: to 
 carry and recarry. Cariaiit: (he) carried. 
 
 Cariator, I. I In old English law. A carrier. Cariatores: carriers. 
 
 Carier, I. fr. To carry. 
 
 Carmen, I. In the Roman law. Literally, a verse or song. A form of 
 words used on various occasions, as of divorce. 
 
CARNAL — CAS. 135 
 
 Carnal. Of the body ; relating to the body ; bodily. 
 
 Carn-iliter, 1. 1. In old criminal law. Carnally. Carnaliter cogfno- 
 Tit: carnally knew. Technical and essential words in indictments 
 for rape. 
 
 CariiispriTiuin, I. I. In old English law. Shrovetide. 
 
 Carreta, carrecta, /, I. In old English law. A carriage, cart or wain 
 load. 
 
 Carrier. One who carries or agrees to carry goods for hire, or with- 
 out hire. v. Common carrier. ' 
 
 Carrum, carrus, I. In old English law. A wagon or wain ; a four- 
 wheeled vehicle. 
 
 Carrying: away. The act of removal or asportation which is essential 
 to larceny. 
 
 Cart. A carriage with two wheels, fitted to be drawn by one horse or 
 by a yoke of oxen, and used in husbandry, or in commerce for car- 
 rying heavy commodities ; a carriage in general. Cart bote: an al- 
 lowance to the tenant of timber sufficient for the repair of instru- 
 ments of husbandry, including the necessary vehicles, v. Wagon. 
 
 Carta, charta, I. In old English law. A charter, deed or writing. 
 Carta de I'oresta: the charter of the forest v. Charta de foresta. 
 Carta non est nisi vestimentam donationis: the deed is nothing 
 but the clothing of the gift. Carta partita de alfrectamento: a 
 charter-party of affreightment Carta perdouatioiiis: a charter of 
 pardon, v. Charta; Magna'charta. 
 
 Carte blanche, fr. A white sheet of paper; a blank instrument; a 
 paper with a signature, given with authority to fill out as a desired. 
 
 Cartel, chartel. A written challenge; an instrument or writing for 
 settling the exchange of prisoners of war. v. Chartel Cartel 
 ship: a vessel commissioned for the purpose of effecting an ex- 
 change of prisoners, or carrying proposals of any kind between bel- 
 ligerents. 
 
 Caruca, carua, 1. I. In old English law. A plough. Carnca boom: a 
 plough of oxen, that is, drawn by a pair of oxen. 
 
 Carncage, carnage, carvage, Carucaginm, carnaginm, 1. 1 In old Eng- 
 lish law. A kind of tax or tribute anciently imposed for the public 
 service upon every carucate or carve of land. 
 
 Carncarius, I. In old English law. A ploughman. 
 In the civil law. The driver of a caruca or carucca. 
 
 Carucata, I. l, Carue, I. fr. In old English and Scots law. As much 
 land as might be tilled by one plough ; a carucate or carve of land ; 
 a ploughland, — probably no fixed quantity. A team of oxen for 
 drawing or ploughing ; a cart load. 
 
 Carncatarius, I. I. One who holds land in carvage, — i. e., in socage 
 or plough tenure. 
 
 Cas, fr. Case ; a case : the case ; an event or occurrence. Cas fortuit: 
 a fortuitous event ; an inevitable accident, v. Casus fortuitus. 
 
136 CASE — CASTELLARIUM. 
 
 Case. An action; a suit; a question contested before a court, either at 
 law or in equity ; a written statement of facts intended to be sub- 
 mitted to a court for its opinion or judgment ; an action for a tres- 
 pass for injuries unaccompanied with force, or where the damage is 
 merely consequential, v. Trespass on the case. Case agreed, or 
 stated: a statement in writing of facts agreed on between the par- 
 ties and submitted to the court without trial for an opinion or a 
 decision on a point or points of law involved. Case reserved, or 
 made: a statement in writing of facts proved, settled by counsel or 
 the judge, to obtain the opinion of the court in banc upon a point 
 or points of law involved, with a general verdict subject to such 
 opinion. This is sometimes called also a special case. 
 
 Caseatrix, I. I In old English law. A dairy woman. 
 
 Cassare, /. I. In old Englifih law. To quash, or make void ; to annul ; 
 to abate. Cassabitur breve: the writ shall be quashed. Cassatae: 
 quashed, v. Cassetur. 
 
 Cassatio, I. I. In old practice, a quashing, or making void ; an abate- 
 ment. 
 
 Cassation, fr. The act of annulling, breaking or quashing, as a judg- 
 ment or decree. The Court of Cassation is the highest court of ap- 
 peal in France. 
 
 Cassetur billa, or Quod billa cassetur, I. I. That the bill be quashed ; 
 the judgment for the defendant on a plea in abatement, where the 
 action was commenced by bill ; an entry by a plaintiff on the rec- 
 ord, after a plea in abatement, where ho finds that the plea can- 
 not be met, — an entry amounting in fact to a discontinuance. Cas- 
 setur breve, or Quod breve cassetur: that the writ be quashed ; 
 the judgment for the defendant on a plea in abatement, where the 
 action was commenced by original writ 
 
 Cast. To transfer ; to invest with, — as to cast an estate upon an heir ; 
 to overcome or defeat in an action. Cast away: to wreck, to cause 
 to be lost, as, a vessel. 
 In old English law. To allege, offer or present; to put forward. 
 Cast a protection: to present or allege it as an excuse. Cast an 
 essoign: to allege an excuse for the failure of a party to appear in 
 court on the return of the original writ. 
 
 Cast. Defeated in an action. 
 
 Castelgardum.Z. Jn feudal law. The defense or guard of a castle. 
 V. Castleguard. 
 
 Castellain, Castellanus, castellanius, castellarins, 1. 1. In old English 
 law. The keeper or captain of a castle or fortified house, acting as, 
 or for, its owner ; the constable of a castle. 
 
 Castellania, castellatura, 1 1. In old English law. The ofSce of a cas- 
 tellain ; the territory or jurisdiction of a castle. 
 
 Cjistellarium, castellatus. In old English law. The precinct' or ju- 
 risdiction of a castle. 
 
CASTELLORUM — CASUS. 137 
 
 Castelloriim operatic, I. I. In Saxon and old English law. Castle 
 work ; labor done by inferior tenants, for the building and uphold- 
 ing of opstles and public places of defense, v. Trinoda necessitas. 
 
 Gastelluiu, I. I In old law. A castle ; a fortified building, town or 
 place. 
 
 Castigatory, Castigatorium, I. I. In old English law. An instrument 
 for the punishment of scolds or unquiet women ; otherwise called 
 the cucking stool, trebucket and tumbrel, v. Cucking stool. 
 
 Casting vote. The vote which a presiding ofHcer has a right to cast 
 where the body over which he presides is equally divided. 
 
 Castleguai'd, castelgard, castleward, Castelgardum, castelli gnardia, 
 warduiu castri, custodia castri, I. I. In feudal and old English 
 law. The defense or guard of a castle, otherwise called watch and 
 ward ; a species of feudal service or tenure ; a kind of tenure by 
 knight's service. An imposition laid on dwellers within a certain 
 distance of a castle for maintenance of the garrison. The circuit 
 itself, inhabited by persons subject to this service. 
 In old English law. Castleguard rents. Rents paid by dwellers within 
 the precincts of a castle, towards the maintenance of the garrison. 
 V. supra. 
 
 Castreiisis, I In the Roman law. Relating to the camp or military 
 service. Castrense peculinni: a portion of property which a son 
 acquired in war, or from his connection with the camp. v. Pecu- 
 lium castrense. 
 
 Castram, I. In old English law. A castle ; a castle, including a manor. 
 In the Roman law. A camp. 
 
 Casu consimili, I. In old English law. In a similar case. v. Con- 
 simili casu; Trespass on the ease. Casu proviso: in the case provided ; 
 a writ of entry which, by the statute of Gloucester, 6 Edw. I., c. 7, 
 lay for a reversioner against one to whom a tenant in dower aliened ■ 
 for life or in fee. 
 
 Casual ejector. The nominal defendant in ejectment : so called because, 
 by a fiction of law, he is supposed to come casually, or by accident, 
 upon the premises, and to eject the lawful possessor. 
 
 Casnalis, I In old English law. Casual ; accidental. 
 
 Casualties of superiority. In Scots lau: Certain emoluments arising 
 to the superior lord in respect to a tenancy, and resembling the inci- 
 dents of feudal tenure at common law. 
 
 Casualty. Inevitable accident ; an event not to be foreseen or guarded 
 against ; a loss from such an event or cause. 
 
 Casus, I. A case ; a cause or action ; an event ; a circumstance or com- 
 bination of circumstances ; a chance ; an accident or misfortune. 
 Casus foederis: the case of the treaty or compact ; the case or event 
 contemplated by a treaty or compact. Casus fortuitus: a fortuitous 
 or accidental event ; an inevitable accident ; an event occurring 
 without the Intervention of human agency, and producing a loss, in 
 
138' CASUS — CAUESINES. 
 
 spite of all human effort or sagacity ; — non est sperandns; et nemo 
 tenetur divinare: a fortuitous event is not to be expected, and no 
 man is bound to foresee it;— non est supponendas: a fortuitous 
 event is not to be presumed. Casus omissus: a case omitted, 
 overlooked or not provided for ; as, an omission of a statute to pro- 
 vide for a particular case ; — et oblirioni datiis disposition! juris 
 communis relinqnitur: a case omitted and forgotten is left to the 
 disposal of the common law. 
 In the civil law. Casus major: a casualty ; an extraordinary casualty, 
 as fire, shipwreck, etc. 
 
 Catalla, I. I In old English law. Chattels ; all property movable and 
 immovable, except fees and freeholds. Catalla otiosa: dead goods 
 or chattels as distinguished from animals ; idle cattle, that is, such 
 as were not used for the plough. 
 
 Catallis captis nomine districtionis, v. De catallis, etc. Catallis 
 reddendls. v. De catallis, etc. 
 
 Catallnm, I. I. In old English law. A chattel. 
 
 Cataneus, I. I. In feudal law. A tenant in capite or in chief ; a captain. 
 
 Catching a bargain. An agreement with an heir expectant for the 
 purchase of his expectancy at an inadequate price. 
 
 Catclipole, An officer who makes arrests, — formerly used not as a term 
 of contempt, but as an ordinary official epithet. 
 
 Catenare, I. I In old English law. To chain. Catenavit et in ferris . 
 tenult: chained and kept in irons. 
 
 Catholic emancipation act. In English law. The statute of 10 Geo. 
 IV., c. 7, by which Roman Catholics were restored to the enjoyment 
 of all civil rights except that of holding ecclesiastical and certain 
 high state offices. 
 In Scots law. Catholic creditor: an universal creditor; one whose 
 debt is secured over all or part of his debtor's property. 
 
 Cattle. Domestic animals, including swine, horses, sheep, asses and 
 mules, as well as animals of the ox kind, 
 
 Cattle-gate. In English law. A right to pasture cattle in the land of 
 another. 
 
 Cauda terrse, /. I. In old English law. A land's end ; or the bottom or 
 extreme part of a ridge or furrow in arable land ; the bottom or 
 lower end of a field ; perhaps, a slip of unploughed land at the lowei 
 end of a field, as caput terrce, a headland, was at the upper end. 
 V. Abuttals; Butts; Headlands. - 
 
 Canlceis, Ifr. In old statutes, causeways, or causeys. 
 
 Caupo, I. I. In the civil law. An innkeeper. Caupones: innkeepers. 
 
 Caupona, I. In the civil law. An inn or tavern. 
 
 Caursines. Italian merchants who came into England in the reign of 
 Henry III., and established themselves as money-lenders, but were 
 expelled for usury and extortion. 
 
CAUSA — CAUSE. 139 
 
 Causa, I. A cause ; an occasion ; a reason ; by reason of ; on account 
 of ; in contemplation of. Causa adulterii: by reason of adultery. 
 Cansa consaiis, or remota: the original or remote cause. Causa 
 causata, or proxima: the immediate or next cause. Causa causae: 
 the cause of a cause ; — est cansa causati: the cause of a cause is 
 the cause of the thing caused. Cansa consangninitatis: by reason 
 of consanguinity. Causa et orig^o est materia negotil: the cause 
 and origin of a thing are material parts of it Cansa frigiditatis: 
 by reason of frigidity. Causa inipotentia;: by reason of impotence. 
 Cansa mortis: in contemplation of death. Cansa patet: the reason 
 is plain ; — ex prajmissis: the reason is plain from the premises. 
 Cansa prascontractus: by reason of precontract Cansa proxima, 
 non remota, spectatnr: the immediate cause is considered, not the 
 remote. Causa saivitse: by i-eason of cruelty. Cansa sine qua non: 
 a cause without which a thing cannot exist Cansa tnrpis: an un- 
 lawful motive or purpose ; an illegal or immoral consideration. 
 In old English law. A cause ; an occasion ; a condition ; a considera- 
 tion ; a title ; a source or mode of acquisition ; a suit pending ; by 
 reason of. Causa Iiospitaiidi: for the purpose of being entertained 
 as a guest Cansa jactitationis matrimonii: a suit of jactitation 
 of marriage, to enjoin silence upon a person claiming to be married 
 to the libellant Causa matrlmonialis: a matrimonial cause. 
 Cansa matrimonii prselocnti: by reason of a marriage before 
 treated of ; a writ of entry that lay for a woman who had given a 
 man lands in fee with intent that he should marry her, where he 
 refused. Cansa testamentaria: a testamentary cause. 
 In Scots law. Cansa scientia; patet: the reason of the knowledge is 
 
 evident — a technical phrase in depositions. 
 In the civil law. Cansa data et non secuta: consideration given and 
 not followed, — that is, by the event upon which it was given ; an 
 action by which a thing given in vie%v of a certain eveiit was re- 
 claimed if the event did not take placa Cansa rei: the accessions, 
 appurtenances or fruits of a thing, — all those things which the claim- 
 ant would have had if the principal thing had not been withheld 
 from him. 
 
 Cansam nobis signiflces, 1. 1. In old English law. Signify you to us 
 the reason ; a writ which lay against a mayor of a town who had 
 neglected or refused to deliver seisin to the king's grantee, com- 
 manding him to show cause. 
 
 Cansare, 1. 1. In old English law. To cause or produce ; to complain 
 of; to show cause against or object to. Cansans: causing. Cau- 
 sata: caused.- 
 
 Cause. That which produces an effect ; that which moves, leads, or in- 
 duces ; the origin or foundation of a thing, as of a suit ; a ground of 
 suit; a suit either at law or in equity, v. Probable; Proximate; 
 Reasonable; Memote. 
 
140 CAUSIDICUS — CAYAGIUM 
 
 Cansidicns, I. In the civil law. A pleader ; one who argued a cause 
 ore tenus, 
 
 Caniela, I. Caution ; care ; providence, v. Ad majorem, etc. ; Ex abun- 
 danti, etc. ; Ex majore, etc. 
 
 Cantele, I. fr. Precaution. 
 
 Cantio, I. In the civil law. Security for performance ; security in an 
 action; bail. Cautio fldejnssoria: security given by sureties, 
 pledges, or bondsmen. Cautio jnratoria: security given by the 
 oath of the party. Cantio pignoratitia: security given by pledge, 
 or deposit, as plate, money or other goods. Cantio pro expensis: 
 security for costs, v. De cautione admittenda. 
 
 Caution. In admiralty and Scots law. Security ; bail. v. Cautio. 
 
 Cautionary. In Scots law. The obligation by vrhich a party becomes 
 a surety. 
 
 Cantioner. In Scots law. A surety ; a guarantor. 
 
 Cantionry. In Scots laui Suretyship ; the obligation of suretyship. 
 
 Caveat, I. Let him beware ; let him take heed. A formal notice, or 
 caution to a court, judge or public officer not to do a certain act, or 
 not without notice to the caveator ; as not to probate a will, grant 
 letters of administration, issue letters patent for an invention or for 
 lands, enroll a decree in chancery where an appeal is contemplated, 
 etc., until the caveator can be heard in opposition to the contem- 
 plated act or proceeding. Caveat actor: let the doer beware. Ca- 
 veat emptor: let the purchaser take care ; which means that in the 
 absence of warranty or special covenant the seller guarantees neither 
 quality nor title ; and it applies upon a sale of lands as well as upon 
 a sale of goods; — qui ignorare non debnit quod jus alienum 
 emit: let the purchaser take care, who ought not to be ignorant that 
 he is buying another's right Caveat viator: let the traveler take 
 care, — i. e., in detecting and avoiding defects in the way. Caveat 
 vicecomes: let the sheriff beware. 
 In the civil law. Caveat venditor: let the seller take heed ; which 
 means that a fair price upon sale of a chattel imports a warranty of 
 quality as well as of title. Opposed to the rule of caveat emptor 
 of the common law. 
 
 Caveator. One who interposes a caveat Caveatee: one against whom 
 a caveat is interposed, 
 
 Cavena, 1. 1. In feudal law. A vault or repository for keeping grain, 
 wine, oil, etc. 
 
 Cavere, I. In the civil and the common law. To take care ; to provide 
 for or against ; to provide or forbid by law ; to give security. Cave- 
 tur: provision is made, a remedy is given. Cautum: secured. Can- 
 tnm est: it is provided or enacted. 
 
 Caya, I. I. In old English law. A quay, kay, key, or wharf. 
 
 Cayaginm, I. I. In old English law. A toll or duty paid for landing 
 goods at a quay or wharf; cayage or kayage. v. Kayage. 
 
CE — CENTENA. 141 
 
 Ce, cecy, ceo., 1. fr. This ; that Ceals: those. Ceo oyes Tons home qui 
 jeo teigrne par la mayii: hear this you man whom I hold by the 
 hand. Ceo vous moiistre: this shows to you. 
 
 Ceans, fr. Here within. 
 
 Ceapgild, ceai)g:el, sax. The payment or forfeiture of a beast ; a spe- 
 cies of forfeiture. 
 
 Ceans, ceaux, I. fr. Those. 
 
 Cedent. In Scots law. An assignor. 
 
 Cede. To assign or transfer. Applied to a transfer of territory by one 
 state or nation to another. 
 
 Cedere, 1. In civil and old English law. To yield or give up ; to assign 
 or transfer ; to give way to another, as superior ; to pass with a 
 thing, as an inferior or subordinate thing ; to belong to a person ; to 
 be a subject of i-ightf ul claim by a person, v. Cede. 
 
 Cedilla, I. In old English law. A schedule. 
 
 Cel, I. fr. This. 
 
 Celarium, I. I. In old English law. A cellar. 
 
 Celdra, celda, I. I. In old English law. A chaldron. 
 In old Scots law. A measure of grain ; a chalder. 
 
 Celerarlns, I. I. In old English laio. A steward of a monastery ; a cel- 
 larer or bursar. 
 
 Celi, cely, I. fr. Such a one. Cell se profrl a tiel jour, vers cely: such 
 a one offers himself at such a day, against such a one. 
 
 Celui, celny, I. fr. He ; him. 
 
 Cenegild. In Saxon law. A mulct paid by one who had killed another, 
 to the relatives of the deceased. 
 
 Cenninga, 1.1. In Saxon law. Notice given by a buyer to a seller that 
 the thing sold was claimed by another, that he might appear and 
 justify the sala 
 
 Cens, fr. In old Canadian law. A tribute or payment imposed on a ten- 
 ant ; an annual payment reserved to a seignior or lord, and imposed 
 merely in recognition of his superiority. 
 
 Censaria, I. I. In old English law. A farm, or house and land let at a 
 standing rent. 
 
 Censarii, I. t Farmers, or those who were liable to pay a tax. 
 
 Censere, I In the Roman law. To ordain ; to decree. 
 
 Censitaire, fr. In old Canadian law. One who held by the title or ten- 
 ure of cens. 
 
 Censnere, I In the Roman law. They have decreed ; the technical 
 term for the judgment, resolution or decree of the senate, v. Cen- 
 sere. 
 
 Censumortbidns, II. A dead rent ; the same as mortmain. 
 
 Genteua, I. I In old records and pleadings. A hundred weight Cen- 
 tensi piscium: a hundred weight of fish. Centena cer%, zncarii, 
 piperis, cumini, etc., continet tredecim petras ct dimldlum: the 
 hundred weight of wax, sugar, pepper, cummin, etc., contains thir- 
 teen stone and a half. 
 
142 CENTENARII — CERTAINTY. 
 
 Centeiiarii, 1. 1. In old English law. The freeholders of a hundred ; 
 hundredors. 
 
 ■Centesima, I. In the Roman law. One per cent monthly, or twelve 
 per cent per annum, the highest rate of interest permitted. 
 
 Central criminal court. A court established in London in 1834, to 
 which the criminal jurisdiction of the court of admiralty was trans- 
 ferred. 
 
 Centnmviri, I. A hundred men ; a Roman court consisting of a hun- 
 dred judges, to whom belonged the decision of the moat important 
 questions of law. 
 
 Ceorl, carl, churl, sax., Ceorlus, l.l.A freeman of inferior rank, chiefly 
 employed in husbandry ; a husbandman. 
 
 Cep, ceppe, I. fr. In old English law. Stock ; a stock. 
 
 Ceper, I. fr. In old English law. A gaoler. 
 
 Cepi, 7. I have taken, or arrested. Cepi corpus: I have taken the body ; 
 — et committitur: I have taken and imprisoned the body ; — et est 
 in cnstodia: I have taken the body, and it is in custody j — et est 
 langnidns: I have taken the body and he is sick ; — et paratum 
 habeo: I have taken the body, and have it ready. These axe the va- 
 rious names of the return to a capias, — the return cepi corpus, or 
 cepi corpus et paratum habeo being the proper return where the 
 defendant has been taken but released on bail. 
 
 Cepit, I. Took, or he took, — the emphatic word formerly used in writs 
 of trespass for taking personal property, and in declarations in re- 
 plevin and trespass. The word is still used as descriptive of the ac- 
 tion in some cases ; as in replevin where the action is for the taking 
 merely, it is called replevin in the cepit. Cepit in alio loco: took, 
 or he took ; the plea in replevin where the defendant intends to 
 avow and claim a return. 
 In old English practice. Cepit et abdnxit: took and led away ; the 
 emphatic words in a writ of trespass for animals. Cepit et aspor- 
 tavit, or et abcariavit: took and carried avpay ; the emphatic words 
 in a writ of trespass for dead things. 
 
 Ceppaginm, I. I. In old English law. The stumps or roots of trees 
 which remain in the ground after the trees are felled. 
 
 Cera, l, Cere, I fr. In old English laiv. "Wax ; a seal of wax. 
 
 Cert money. In old English law. Head money of money paid yearly 
 by the tenants of several manors to the lords for the keeping of the 
 court-leet 
 
 Certa res, I. In old English law. A certain thing. 
 
 Certain. Known ; clear, as opposed to obscure ; particular, as opposed 
 to general ; limited, specified, defined, as opposed to indefinite. 
 In feudal and old English law. Certain services: services stinted, 
 limited or defined in quantity. 
 
 Certainty. Assurance, freedom from doubt ; clearness or distinctness, 
 as opposed to ambiguity or obscurity ; particularity, as opposed to 
 
CERTAINTY — CERVISI ARIUS. 143 
 
 undue generality. In pleading, there were formerly three kinds of 
 certainty : certainty to a common intent, or certainty according to 
 a reasonable construction ; certainty to a certain intent in general, 
 or certainty according to a fair or reasonable construction without 
 reference to possible facts which do not appear ; and certainty to a 
 certain intent in every particular, or such technical accuracy as pre- 
 cludes all question, v. Moral certainty. 
 
 Certiftcare, 1. 1. In old practice, to certify ; to make certain ; to give 
 information. 
 
 Certificate. A writing giving assurance as to some fact or act ; a writ- 
 ing made by a court, by a judge, or other officer of court, certifying 
 or giving notice of certain facts generally for the use of another 
 court, judge or oflScer. 
 
 CertiWcation. In Scots law. A term used in judicial writs, to express 
 the penalty annexed to the disregard of the order contained in the 
 writ 
 In old English law. Certification of assise: a writ for review of a 
 matter tried by assise. 
 
 Certified clieclf. A check which the proper bank officer has acknowl- 
 edged as drawn against funds on deposit, usually by the writing of 
 the word " good " and his signature across the face. 
 
 Certiorari, I. I. To be made more certain; to be certified or more 
 distinctly informed; a writ issued by a superior to an inferior 
 court to remove a cause, either civil or criminal, before trial or judg- 
 ment ; a process auxilijiry to a writ of error to obtain a complete 
 return where the entire record has not been certified ; a writ issued 
 in place of a writ of error for a review of a judgment of an inferior 
 tribunal which acts summarily or not according to the course of the 
 common law ; a writ used as a mode of appeal from the judgments 
 of courts not of record. 
 
 Certum, I. Certain ; definite ; determined ; known. Certain est quod 
 certo reddi potest: that is certain which can be reduced to a cer- 
 tainty. V. Id certum, etc. 
 
 Certns, certa, 1. Certain ; defined ; particularly described or specified. 
 Certa debet esse intentio, et certum fundamentum, et certa res 
 quae deducitur in judicium: the count ought to be certain, and its 
 foundation certain, and the thing which is brought into court cer- 
 tain. 
 
 Cervisarii, L I. Tenants among the Saxons, who were liable to a duty 
 called drinclean, which was a contribution towards providing ale to 
 entei'tain the lord or his steward. 
 
 Ceryisia, I. I. In old English law. Ale or beer, properly the former ; a 
 compotation, or entertainment Cervisia Inpulata: beer. Cer- 
 Tisise: ales. 
 
 Cervisiarius, I. I. In old records. An alehouse keeper ; a beer or ale 
 brewer. 
 
144: CESSAEE — CHACEARE. 
 
 Cessare, I. I. To cease ; to stop, or stay ; to neglect ; to come to an end, 
 as an estate. Cessante causa, cessat effectus: the cause ceasing, 
 the efifect ceases also. Cessante raticne legis, cessat et ipsa lex: 
 the reason of the law ceasing, the law itself ceases also. Cessante 
 statu primitiTO, cessat deriyativus: when the primitive or original 
 estate determines, the derivative estate determines also. Cesset exe- 
 cutio: let the execution be stayed ; a stay of execution, or an order, 
 or entry of an order, therefor. Cesset processns: let the process be 
 stayed ; a stay of process or proceedings, or an order, or entry of 
 an order, therefor. 
 In old English law. Cessavit per bienninm: he ceased or neglected 
 for two years ; a writ in the nature of a writ of right, and founded 
 on the doctrine of tenure, for failure of a tenant to pay rent for two 
 years, or for failure for a like time of a religious house, holding land 
 upon condition of giving alms, or the like, to perform the condition. 
 
 Cesse. In old English law. An assessment, exaction or tax. 
 
 Cesser, cessure. Neglect ; a ceasing from, or omission to do a thing ; 
 the determination of an estate. 
 
 Cessio, I. A cession ; a surrender ; an assignment. Cessio bonornm: 
 a surrender by an insolvent of his property to his creditors. This 
 was the meaning of the terra under the Roman law, and the term is 
 applied in the same sense in America and in most of the states of 
 Europa 
 
 Cession. A giving up or abandonment of a right, or of property. 
 In the civil law. A giving up, surrender or assignment of goods to, 
 
 or for the benefit of, creditors. 
 In ecclesiastical law. A giving up or vacating of a benefice, by ac- 
 cepting another without a proper dispensation. 
 
 Cessionary, cessioner. In Scots law. An assignee. 
 
 Cessor. In old English law. One who neglected so long to perform a 
 duty as to incur danger of the law, and to become liable to a writ of 
 cessavit. 
 
 C'est ascavoir, c'est asaver, I. fr. That is to say, or to wit Written 
 sometimes as one word, cestascavoir, or cestasaver. 
 
 Cestui, cestuy, I. fr. He. Cestuy que: he who ; — doit enlieriter al 
 pare, doit enheriter al fltz: he who would have been heir to the 
 father, shall be heir to the son ; — trust: he who trusts ; the benefi- 
 ciary under a trust ; — use: he to whose use another is seized or en- 
 f eofl:ed of lands ; the beneficial owner ; — vie: he whose life deter- 
 mines a life estate. 
 
 Cet, cettuy, fr. That 
 
 Ceux, ceaux, I fr. These ; those, Ceux parolx: these words. 
 
 Chacea, cliasea, cliacia, chaicia, I. I, Chace, I. fr. In old English law. 
 A chace or chase ; a driving or hunting of animals ; a driving of an- 
 imals to pasture; the right of so driving; the way by which they 
 are driven, v. Chase. 
 
 Cliaceare, I. I. In old English law. To chase, drive or hunt 
 
CHACER — CHAMPERTIA. 145 
 
 Chacer, chaser, I fr. To drive, compel, oblige ; to chase or hunt Chace, 
 chase: obliged, compelled, driven. 
 
 Chafewax. An officer in chancery in England who fits, i. e. heats, the 
 wax for the sealing of writs and other instruments. 
 
 Chafer, I. fr. To fall 
 
 Chalenger, L/r., Challenge. In old English law. To object or except 
 to a writ or pleading ; to object or except to a person, as a juror ; to 
 claim, or demand as a right 
 
 Challenge. An exception or objection taken against either persons or 
 things, but more particularly an exception or objection taken to the 
 jurors summoned and returned for the trial of a cause. 
 
 Challenge. To accuse, to call to answer, to appeal in the old sense of 
 the word ; to dispute or call in question ; to object or except to a 
 person ; to except to persons returned to be jurors, which last is 
 more especially the present meaning. Challenge to the array: an 
 objection to a whole panel of jurore. Challenge to tlie polls: an 
 objection to one or more of the persons returned as jurors on the 
 trial of a cause singularly and personally. These are divided into 
 peremptory challenges, which are challenges allowed to the accused 
 in a criminal case : challenges for cause, or principal challenges, 
 which -are again divided into challenges propter honoris respectum. 
 challenges propter defectum, challenges propter affectum, and chal- 
 lenges propter delictum,; and challenges for favor, a weaker kind of 
 challenge propter affectum, as pi-obable opinion, acquaintance, or 
 the like. v. Peremptory challenge; Principal challenge; Propter, 
 etc. 
 
 Chamber. A room in a building used for purposes of a dwelling or of 
 an office or a court The word is also used to designate certain 
 courts, as the Star Chamber, certain legislative bodies, as the Cham- 
 ber of Deputies, and other public associations, as the Chamber of 
 Commerce, etc. 
 In old English law. A private repository of monoy ; a coffer, v. Cam- 
 era; Chambers; Chambre. 
 
 Chambers. The office or private rooms of a judge, where he attends to 
 such matters as may be attended to when he is not sitting in court 
 Chambers, or the King's Chambers: parts of the sea included 
 within headlands, or within lines drawn from one promontory to an- 
 other, over which the sovereign claims jurisdiction. 
 
 Chambium, I. I. In old English law. Change, or exchange. 
 
 Chambre, I. fr. In old English law. A private repository of money ; a 
 
 private treasury ; a coffer. 
 Champert, I. fr. In old English law. A share of division of land; 
 champerty. 
 In old Scots law. A gift or bribe taken by any great man for delay 
 of just action, or furthering of wrong action. 
 Champertia, I. I In old English law. Champerty. 
 10 
 
146 CHAMPERTOR— CHANCERY. 
 
 Champertor, champerter, champortor. One who is guilty of the of- 
 fense of champerty. 
 
 Champerty, champarty. Tlie maintenance of another in his suits 
 upon condition to have part of the thing in dispute, when it is re- 
 covered. In the modern sense of the word, champerty is the pur- 
 cliase of a suit or right of suing, or rather the purchase of an in- 
 terest in a thing in dispute, with the object of maintaining and 
 taking part in the litigation. It is a species of maintenance, i. e. it 
 is maintenance with an agreement to divide the thing in suit super- 
 added. The rule has been much modified in some of the states, in 
 some of which a purchase of a right of action or of land from a per- 
 son out of possession is no longer champertous. v. Maintenance. 
 
 Champion. One who, in the trial of battel or combat, fought either for 
 the tenant or the demandant ; one who fought in his own cause. 
 
 Chance. Accident ; that which happens or falls out unexpectedly or 
 unintentionally, v. Accident. Chance medley: a casual meeting 
 or affray ; the accidental killing a man in self-defense, in a sudden 
 rencounter ; a species of excusable homioida 
 
 Chancellary, chancellarie, I fr. Chancery. 
 
 Chancellor. The judge of a court of equity ; the highest officer of a 
 university ; a presiding or judicial officer. 
 In English law. The chancellor, more specifically the Lord High 
 Chancellor, is the highest judicial officer in the realm, supreme 
 judge of the court of chancei-y, keeper of the great seal, privy coun- 
 cillor and prolocutor of the House of Lords, v. Lord Sigh Chan- 
 cellor; Master; Vice-chancellor. Chancellor of the Duchy of Lan- 
 caster: the officer who presides over the ducihy court v. Duchy, 
 etc. Chancellor of the Exchequer: the principal finance officer of 
 the government, who formerly presided in the Exchequer, and 
 looked after the interests of the crown. 
 In English ecclesiastical law. An officer who assists a bishop in mat- 
 ters of law and holds the consistory court. 
 In Scots law. The foreman of a jury or an assise. 
 
 Chancery, or Court of Chancery, Cancellaria, I. A court of equity ; a 
 court in which equity is exclusively or chiefly administered; the 
 court of the chancellor. 
 In English law. The court of the Lord High Chancellor, who in theory 
 exercised such judicial powers as reside in the crown, — powera 
 which originally were invoked as by fkvor of the king, but after- 
 wards developed into a system of equity^ The court thus became 
 the highest court of equity ; though it had more anciently common- 
 law jurisdiction, called its ordinary jurisdiction, in virtue of which 
 it issued original writs, commissions, etc., under the great seal, — a 
 jurisdiction which was later overshadowed by the equitable or ex- 
 traordinary jurisdiction and finally became practically obsolete. In 
 more recent times the court developed into six superior courts of 
 
CHANCERY — CHAEGa 147 
 
 equity ; namely, the court of the Master of the Rolls, three Vice-chan- 
 cellor s courts, the court of the Lords Justices of Appeal ,and the court 
 of Appeal in Chancery consisting of the Lord Chancellor, and the 
 Lords Justices, of whom there were two, v. Chftneellor; Master; 
 Vice-chancellor. 
 
 Changer. An old officer of the mint, in England, whose business was 
 chiefly to exchange coin for bullion brought in by merchants and 
 others. 
 
 Chanter, chaunter, I. fr. To declare aloud ; to pronounce or find, as 
 the verdict of a jury. 
 
 Chantry, chauntry. In old English ecclesiastical law. A church or 
 chapel endowed with lands or other yearly revenues, for the main- 
 tenance of one or more priests to sing.'or chant mass daily for the 
 souls of the donors, and such others as they appointed. 
 
 Chapel. In ecclesiastical law. A minor religious edifice, in which di- 
 vine service is celebrated in the same manner as in the parochial 
 church. Chapel of ease: a chapel founded in general at some 
 period latter than the parochial church itself, and designed for the 
 accommodation of such of the parishioners as, in course of time, had 
 begun to fix their I'esidence at some distance from its site ; and so 
 termed because built in aid of the original church. 
 
 Chapelry. The pi'ecinct and limits of a chapel. The same thing to 
 a chapel, as a parish is to a church. 
 
 Chapiter. In old English law. A summary in writing of matters to 
 be inquired of, or presented before justices in eyre, justices of as- 
 size, or of the peace, in their sessions. Otherwise called capitula 
 itineris. v. Capitula. 
 
 Chapman. A trader who trades from place to placa 
 
 Chapter. In English ecclesiastical law. An assembly of the prebend- 
 aries and canons in a cathedral,. conventual or collegiate church. 
 
 Character. The qualities of mind or morals, particularly the latter, im- 
 pressed on a person by nature or by habit and distinguishing him 
 from other persons ; secondarily, and in the law of evidence, the 
 qualities he is believed to have, — more properly called reputation. 
 V. General; Good. 
 
 Charaxare, caraxare, 1. 1 In old records, to mark ; to write. Char- 
 axator: a writer ; a notary. Charaxatnra: a writing ; the oblitera- 
 tion of a writing. 
 
 Charge. To lay on, to place upon or under ; to make or hold liable, as, 
 a duty or a burden ; to impose the duty or obligation of paying 
 money, as, to charge a debt upon the estate of a decedent, a legacy 
 upon land, etc. ; to place under a duty or obligation to know or do, 
 as by notice ; to place upon a person the burden of crime ; to accuse ; 
 to instruct as to a duty, as to charge a jury ; to subject to an execu- 
 tion ; to enter a matter of debt in an account ; to make a distinct 
 
14:8 CHAEGE — CHAKTA. 
 
 and formal allegation in a bill in equity, usually for the purpose of 
 anticipating and meeting some matter of defense. 
 
 Charge, A burden ; a duty or liability attached to, or obligation im- 
 posed upon, a person ; an incumbrance or lien upon land; an in- 
 struction given by the judge to a petit jury after the case is closed 
 as to matters of law arising upon the evidence, — general, where it 
 is upon the entire case, special, where it is by request, and upon 
 special points ; an address by the judge to a grand jury before they 
 proceed to consider matters presented to them, instructing them as 
 to their duty ; a statement in writing by a party to a suit in equity, 
 made before a master, of the items with which the opposite party 
 should be debited, v. Charge, supra. Charge and discharge: the 
 mode or form of accounting in equity where the complainant de- 
 livers his account to the master in the form of a charge, and the 
 defendant his objections or counter-claim by way of discharga 
 In Scots law. The command of the king's letters to perform some 
 act, as, a charge to enter heir ; a messenger's execution, requiring 
 a person to obey the order of the king's letters, as, a charge on letters 
 of horning, or a charge against a superior. 
 
 Charge d'affaires, fr. In international law. A person entrusted with 
 the afifairs of his nation ; a diplomatic representative, or minister of 
 the fourth grade. 
 
 Chargeable. Capable of being charged ; subject to charga 
 
 Chargeant, chargaunt, I, fr. Weighty ; heavy ; forcible ; penal ; ex- 
 pensive. 
 
 Charger, I. fr. To load. Chargeez: loaded ; laden. 
 
 Charges. Expenses incurred in a suit or judicial proceeding, including 
 such as do not come under the technical denomination of costs. 
 
 Charity. In the broadest sense, all the good affections which men 
 ought to have toward one ancjther, but in a more restricted sense, 
 relief of the needy ; a gift or devise to charitable uses or purposes, — 
 a gift, i. e., for the benefit of an indefinite number of persons, which 
 may be by promoting their moral, their mental, or their physical 
 well-being, and may extend to the rich as well as to the poor. 
 
 Charre, char, Charms, I. L In old English law. A weight of lead con- 
 sisting of thirty pigs, each pig containing six stone wanting two 
 pounds, and each stone twelve pounds. 
 
 Charnel, I fr. Of the same flesh, or blood. Charnels amys: relations 
 by blood. 
 
 Charta, carta, I I. In old English law. A charter, or deed ; a writing 
 under seal, by which conveyances, contracts, covenants, etc., were 
 evidenced and ratified ; any token by which an estate was held ; a 
 royal grant of privileges or liberties. Charta communis: a com- 
 mon or mutual charter or deed, i. e. one containing mutual cove- 
 nants or involving mutuality of obligation^ Charta cyrographata, 
 
CHARTA — CHASE. I49 
 
 or chyrograpliata: a charter executed in two parts and divided in 
 the middle where the word cyrographtim or chyrographum was writ- 
 ten, a chirographed charter. Cliarta de feoflfamento: a charter of 
 feoffment Cliarta de foresta: the cliarter of the forest ; a charter 
 granted in the ninth year of the reign of Henry III. and containing 
 the laws of the forest. Cliarta de una parte: a deed of one part; 
 a deed poll. Gharta de quiete claiuantia: a charter of quit-claim. 
 Cliarta de conflrmatioiie: a cliarter of confirmation. Charta de 
 nou ente nou Talet: a deed of a tiling not in existence is void. 
 Charta partita: a charter-party, v. Charter-party; Magna Charta. 
 In the civil law. Paper ; the material on which instruments, books, 
 etc., were written ; an instrument or writing. Charta pura: blank 
 paper. , 
 
 Chartel, I. fr. In old English law. A letter of defiance or challenge to 
 single combat, in use during the period when trial by battel was 
 practiced. 
 
 Charter. A grant in writing of certain privileges and franchises, usu- 
 ally to a corporation, by the supreme power of a state ; an act of 
 incorporation. Charter-party: a contract by which an entire ship, 
 or some principal part of one, is let to a merchant, for the convey- 
 ance of goods on a determined voyage to one or more places. Char- 
 ter of pardon : in English criminal law, a charter or instrument 
 under the great seal, by which a man is forgiven a felony or other 
 offense. 
 In old English law. A written instrument under seal, containing 
 the evidence of things done between man and man, as, a convey- 
 ance of lands ; a contract, covenant or other sealed instrument ; an 
 instrument in writing, containing a grant from the crown to a per- 
 son or persons, or to a body politic, of rights, liberties, franchises or 
 privileges. Charter land: land held by charter, or written evidence ; 
 deed land, boo-land. Charter rolls: rolls preserved among the old 
 English records, containing the royal charters from the year 1199 to 
 the year 1516. 
 In old Scots law. A disposition made by a superior to his vassal, 
 for some thing to be performed or paid by him ; a writing which 
 contains the grant or transmission of the feudal right to the vas- 
 sal. 
 
 Charterer. One who charters a vessel for a voyage ; a freighter. 
 
 Chartis reddendis. v. De cartis reddendis. 
 
 Chartre, I fr. In old English law. A charter, v. Charter. 
 
 Chascnn, 1. fr. Each ; every. 
 
 Chase, chace. In English law. A large extent of woody ground, smaller 
 than a forest, but larger than a park, lying open and privileged for 
 wild beasts and wild fowl ; a franchise granted to a subject, env- 
 powering the latter to keep within a certain precinct so called, the 
 
150 CHASE — CHEFK 
 
 wild animals of chase, but not to establish forest law within such 
 precinct ; a right to hunt beasts of the chase ; in one sense either a 
 forest or a park, a forest being called a royal chase, and a park an en- 
 closed chase, and every forest being a chase, though not every chase 
 is a forest, v. Common chase; Forest; Park. 
 
 Chasea, I. I. In old English law. A chase, v. Chacea; Chase. 
 
 Chaser, I. fr. To chase or hunt ; to drive ; to compel. Chase de pleder: 
 driven to plead. 
 
 Cliasiare, I. I. In old English law. To chase. 
 
 Chatelle, chatell, chatel, I. fr. In old English law. A chattel. Cha- 
 telle moeble: a movable or personal chattel. Chatenx, chatens, 
 cateux: chattels; cattle. Chatenx moebles: movable or personal 
 chattels. 
 
 Chattel, Any article or subject of property, movable or immovable, 
 not amounting to a freehold. Chattel interest: an interest in cor- 
 poreal hereditaments, not amounting to a freehold, as distinguished 
 from a freehold interest. Chattel mortgage: a mortgage of goods 
 or personal property. Chattels: movable goods, and all other prop- 
 ei'ty or estate, not amounting to a freehold. Chattels personal: 
 movable goods, or rights or interests incident to them, not annexed 
 to the realty. Chattels real: such chattels as concern, are annexed 
 to, or savor of the realty, but do not amount to a freehold, as, terms 
 for j'ears, mortgages, etc. 
 
 Chandmedley. The killing of a person in an affray, in the heat of 
 blood, and thus distinguished from chance medley, which is killing 
 In a casual affray in self-defensa 
 
 Chauncellerie, chauncelrie, I fr. Chancery. 
 
 Chaimeellour, I. fr. Chancellor. 
 
 Chaunter. v. Chanter. 
 
 Chauntry. v. Chantry. 
 
 Chaux, I. fr. Those. 
 
 Cheitt or cheating. The offense of defrauding or endeavoring to de- 
 fraud another of his known right, by means of some artful devioei, 
 contrary to the plain rules of common honesty. 
 
 •Checer, cheser, I. fr. To fall. Checer in dehat: to come in question 
 or debate. 
 
 Check, cheque. A written order on a bank, or banker, for payment.on 
 presentmentjOf a certain sum of money to a person therein named, 
 or to him or bearer, or order, — operating, without acceptance, as an 
 appropriation to that amount of money of the drawer on deposit 
 
 Checker. The old Scotch form of Exchequer. 
 
 Chef, e.hefe, I. fr. Chief ; a, or the, head. Chefe del an: the head or 
 beginning of the year. v. Caput. 
 
 Chefe, I. fr. In Anglo-Norman law. Were or weregild ; the price od 
 the head or person. 
 
CHEIR — CHLLDWIT. 151 
 
 Cheir, cheyr, chier, chaier, charer, checer, chescr, I fr. To fall ; to 
 abate; to fall out; to happen. Chet, cheyt, chiet: it falls or hap- 
 pens. Cliet le brele: the writ abates. Cheyt lassise: the assise 
 falls or abates. Cherra, cliirra: it will fall. Cheie, chaye, cheye, 
 chen: fallen; happened. 
 
 Chemin, chemyn, I. fr. In old English law. A way ; a journey. Chem- 
 inannt: journeying; traveling. 
 
 Chemis, sc. In old Scots law. Mansion-house; chief dwelling. 
 
 Chescun, I. fr. Each ; every. 
 
 Chet, I fr. It falls or abates, v. Cheir. 
 
 Cherage, diirage, I. fr., Chevagium, chiTagium, 1 1, Chiefage. in 
 old English law. A tribute or sum of money formerly paid by vil- 
 leins to their lords, in acknowledgment of their villeinage; poll 
 money paid by the Jews to the king while they were permitted to 
 live in England. 
 
 Chevantia, chevancia, I. L In old records. A loan or advance of 
 money upon credit. 
 
 Chevir, I fr. To come to a head ; to come to an agreement touching 
 property. Chevir de denier: to take up money on loan. 
 
 Chevisance, fr. In old English law. A bargaining ; a making of con- 
 tracts ; a bargain or contract ; an unlawful or usurious bargain or 
 contract 
 
 Chevitise, cheviscse, 1. 1. In old records. Pieces of ground, or heads 
 at the end of ploughed lands, v. CaputicB. 
 
 Chi apres, I fr. Hereinafter. 
 
 Chief. A head or lord ; a principal thing ; a beginning, v. In chief. 
 Chief justice: the presiding or principal judge of a court 
 In English law. Chief baron: the presiding judge of the Court of 
 Exchequer, answering to the chief justice of other courts, v. Baron. 
 Chief justice of England: the chief justice of the King's Beilch. 
 Chief lord: the immediate lord of the fee, to whom the obligation 
 of the tenant is direct and personal. Chief rents: quit rents ; rents 
 paid by the freeholders of a manor in discharge of all services. 
 In old English law. Chief pledge: a headborow, or borsholder ; th0 
 head of a decennary. Chief justiciar, justiciar, or justiciary: a 
 high judicial oflBcer and special magistrate, who presided over the 
 aula regis of the Norman kings, and who was also the principal 
 minister of state, the second man in the kingdom, and, by virtue of 
 bis ofSce, guardian of the realm in the king's absence. 
 
 Child. An infant, in the popular sense ; a young person ; a youth ; a 
 legitimate descendant in the first degree; sometimes a legitimate 
 descendant in any degree, as in a will, where such a meaning is neces- 
 sary to the construction, the word used being children. 
 
 Childwit, sax. In Saxon law. The right which a lord had of taking 
 a fine of his bondwoman gotten with child without his licensa 
 
152 CHILTEEN — CHIVALBT, 
 
 Chiltern hnndreds. A tract of country comprising the hundreds of 
 Stoke, Desborough and Bonenham, the stewardship of which is a 
 nominal office in the gift of the crown, and given to a member of 
 parliament who wishes to retire, to evade the rule that a member 
 cannot vacate his seat, there being another rule that an acceptance 
 of a crown office has the effect of a vacation. 
 Chimin, chymin, chemyn, I. fr. In old English law. A way, or right 
 
 of way. 
 Chiminag'e, cheminage, I. fr., Cliimiiiaginm, cheminagium, I I In 
 old English law. A toll due by custom for having a way through a 
 forest 
 Chiminus, I. I. In old English law. A way ; a road or street. 
 Chimney money. A tax upon chimneys ; an ancient tax or duty upon 
 
 houses in England, now repealed. , 
 
 Chippingavel, cheapingayel. In old English law. A toll or duty for 
 buying and selling ; an ancient tax imposed upon wares brought to 
 a place to be sold. 
 Chirgemot, chirctagemot. In Saxon law. An ecclesiastical assembly 
 
 or court ; a synod or meeting in a church or vestry. 
 Chirograph. In English law. A deed or charter ; an indenture exe- 
 cuted in parts ; a fine of lands, v. Charta; Charter; Chirographum. 
 Chirographer of iines. In old English law. An officer of the court of 
 common pleas, who engrossed the fines acknowledged in that court 
 and wrote and delivered the indentures of them to the parties. 
 Chirographum, chirographus, I or gr.-l. In the Roman law. A hand- 
 writing; that which was written with a person's own hand; an ob- 
 ligation written or subscribed by a person with his own hand ; an 
 evidence or voucher of debt ; a security for debt ; a right of action 
 for debt 
 Chirographum, cirographum, cyrographum, i. l An evidence of 
 debt as a bond, bill or note. Chirographum apnd debitorcm re- 
 pertum prsesumitur solntum: an evidence of debt found in the 
 debtor's possession is presumed to be paid. 
 In English law. A deed or indenture executed in two parts, and di- 
 vided by a cut through words written in the middle ; a chirograph, 
 called also scriptum chirographatum or charta cyrographata; the 
 word itself, through which deeds were cut or indented, and divided ; 
 a fine of lands. 
 In Saxon law. A deed, charter, or instrument of conveyance in writ- 
 ing ; a chirograph. 
 In the civil and canon law. An instrument executed between two 
 parties, as debtor and creditor, and called chirographus because 
 written only with the hand of one party, and left in the hands of 
 the other. 
 Chivalry. In feudal law. Knight-service, v. Tenure, 
 
CHOCH AUNT — CINQUE. 153 
 
 Chochaunt, I fr. Lying down. An old form of couchant 
 
 Chop-clinrch, chop-chirch, choppe-chiirch. in old English law. A 
 parson who changed or exchanged benefices. 
 
 Chose, fr. A thing. Chose in action: a thing in action ; a right to a 
 tiling of which one has not the possession or actual enjoyment, but 
 which he may recover in a suit, or a right to performance of a con- 
 tract Chose in possession: a thing in possession, as distinguished " 
 from a thing in action. Chose local: a local thing ; a tiling an- 
 nexed to a place. Chose transitory: a thing which is movable, 
 and may be taken away or carried from place to place. 
 
 Christianitatis cnria,i. The court of Christianity; the court Christian, 
 or ecclesiastical judicature, as opposed to the civil court, or lay 
 tribunal, v. Court Christian. 
 
 Chnepa, I I. In old records. Chop or exchange. 
 
 Church. A house appropriated to Christian worship and the perform- 
 ance of religious services; a body or community of Christians, 
 united under one form of government by the profession of the 
 same faith, and the observance of the same ritual and ceremonies. 
 In English ecclesiastical law. An institution established by the law 
 of the land in reference to religion ; a benefice, which includes the 
 glebe, parsonage and tithes; in strictness, not the edifice, but the 
 cure of souls and the right of tithes. Church building' acts: statutes 
 passed in England in and since the year 1818, to extend the accom- 
 modation afforded by the national church. Church rate: a rate im- 
 posed upon the parishioners of a parish for the repairs of the church. 
 Church reeve: a church warden ; an overseer of a church. Church 
 wardens: guardians, overseers or keepers of the church. Parochial 
 officers annually appointed by the parish, whose province it is to 
 take care of the church, that is, to see to the repairs of the church, 
 and to have the care of the goods belonging to it 
 
 Chnrchesset, churchset, cirset, kirkset, chirset. In old English law. 
 A certain portion or measure of wheat, anciently paid to the church 
 on St Martin's day ; an annual tribute paid to the church in grain 
 or other product 
 
 Chnrl. In Saxon law. A freeman of inferior rank, chiefly employed 
 in husbandry, v. CeorL 
 
 Ci, cy, si, I. fr. So ; here. Ci bien: as well. Ci devant: fieretofore. 
 Ci Dieu vous eyde: so help you God. Ci tost: as soon as. 
 
 Cibaria, I. In the civil law. Food ; victuals. 
 
 Cibatns, cibata, I. Victualed. Cibat' Telat' et parat': victualed, 
 tackled and appareled. 
 
 Ciens, I. fr. Here ; hitherto. 
 
 Ciens, I. fr. Those ; such. 
 
 Cil, I. fr. He. Cil ky_prendra: he who shall take. 
 
 Cinque ports. Five (now seven) ports or havens on the southeast coast 
 of England, formerly esteemed the most important in the kingdom. 
 
154 CINQUE — CIRCUMSTANTIAL. 
 
 They have franchises similar in some respects to those of the 
 counties palatine, and particularly an exclusive jurisdiction (now 
 abolished) in which the king's ordinary writ does not run ; and they 
 have a governor called the Lord Warden of the Cinque Ports, who 
 is always the constable of Dover castle. They are Dover, Sandwich, 
 Romney, Hastings and Hythe (sometimes called in the old books, 
 Doure, Sandwyz, Romual, Hastings and Heya), to which Winchelsea 
 and Rye have been since added. 
 
 Cippi, I l, Cipps, cips, sepps, seps, I fr. In old English law. The 
 stocks ; an instrument for punishing ofEenders. 
 
 Circa, I. About; concerning. 
 
 Circadu, I. I. In old English law. A tribute paid to the bishop or arch- 
 deacon for visiting the churches. 
 
 Circbota, I. I. In Saxon law. The repairing of a church. 
 
 Circset, kirkset, cyricset. In old English law. A tribute paid to the 
 church. V. Churchesset. 
 
 Circuit. A division of a country, state or kingdom, into judicial dis- 
 tricts. The periodical going of a judge from district to district for 
 the purpose of holding coui-t 
 In American law. Circuit courts: courts held in such districts by 
 judges who so go about, — in the federal courts, by a member of the 
 supreme court acting as circuit judge, a circuit judge, and district 
 judge of the district ; in the state courts by a circuit judge. 
 In English laiv. Circuit paper: a paper containing a statement of 
 the time and place at which the several assizes will be held, and 
 other statistical information connected with the assizes. 
 
 Circuitus, I. In old English law. A going around ; a round-about 
 way. Circuitus est evitandus: circuity is to be avoided. 
 
 Circuity of action. An indirect mode of suing ; an indirect mode of pro- 
 ceeding which makes two or more suits necessary where justice could 
 have been secured by ona Called in the old books circuit of action. 
 
 Circular. A printed letter which, according to internal evidence, is be- 
 ing sent in the same terms to several persons. 
 
 Circumduction of the term. In Scots law. The sentence of a judge, 
 declaring the time elapsed within which a proof ought to have been 
 led, and precluding the party from bringing forward any further 
 evidence. 
 
 Cii'cumstance, Circumstantia, I. I. A relative fact ; a' fact standing 
 in a certain relation to another fact, and from which, when proved, 
 the existence of such other fact may be inferred or presumed. 
 
 Circumstantial evidence. Evidence derived from circumstances, aa 
 distinguished from direct and positive proof ; evidence operating in 
 the way of inference from circumstances ; sometimes called argu- 
 mentative, indirect or inferential evidence, and sometimes from the 
 characteristic process of presumption, involved in its application, 
 but less accurately, presumptive evidence, v. Presumptive evidence. 
 
CIRCUMSTANTIBUS — CIVIL 155 
 
 Circnmstantibns. v. Tales de circumstantibus. 
 
 Circumyention. Deceit ; fraud ; stratagem ; imposition. 
 
 Cirliscns, I. L A ceorl, or churl, v. Ceorl. 
 
 Cirograplmm, I I. In old English law. A chirograph. Ciro^rapha- 
 tum: chirographed ; in the form of a chirograph, v Chirographum, 
 
 €ista, l. Cist, cyst, cliist, I fr. In civil and old English law. A chest 
 or box, for containing charters, deeds or otlaer things. 
 
 Cisterua, I In civil and old English law. A cistern ; a receptacle for 
 rain-water. 
 
 Citatio, I. I. A citation or summons to court. 
 In the civil law. Citatio ad reassamendam causam: a citation which 
 issued where a party died pending a suit, against the heir of the de- 
 fendant, or, where the plaintiff died, for the heir of the plaintiff. 
 
 Citation. In American law. An ofiScial call or notice to appear in 
 court 
 In Scots law. The calling of a party to an action, — done by an ofiSoer of 
 
 court under a proper warrant. 
 In ecclesiastical law. The process used in the ecclesiastical courts to 
 call a party before them ; the first step taken in an ecclesiastical 
 cause, and somewhat like the writ of capias or summons at common 
 law, or the subpoena in chancery. 
 
 Cite, citee, citie, I. fr. City ; a citj'. Cltee de Loundr', Cite de lon- 
 dres: city of London. 
 
 Citizen, Citizein, I. fr. Strictly, a member of a commonwealth, possess- 
 ing all the rights which can be enjoyed or exercised under its funda- 
 mental laws. 
 In American law. One who, under the constitution and laws, has a 
 right to vote for public oflScers, and who is qualified to fill ofBces in 
 the gift of the people. 
 In English law. A freeman, or one who resided and kept a family in 
 a city ; an inhabitant having certain rights or privileges ; the repre- 
 sentative of a city in parliament, as a burgess is the representative 
 of a borough. 
 
 City. In American law. A corporate town ; a town of the larger class, 
 
 incorporated, and governed by a mayor and council of aldermen. 
 
 In English law. A town or borough incorporated, and usually of 
 
 principal note or importance, which either is, or has been, the see of 
 
 a bishop. 
 
 Civil. Relating to or affecting a person as a citizen, or relating to or 
 affecting the rights or duties of a citizen, particularly as between 
 one citizen and another ; existing or originating among citizens, as 
 civil war ; existing in contemplation of law, as, life or death ; per- 
 taining to the administration of government, as, civil ofiBce or 
 officer ; concerning the x-ights of persons, as, civil action, code, court, 
 injury, jurisdiction, law, procedure, process, remedy, etc ; accorded 
 
156 CIVIL — CIVIS. 
 
 by equal laws, as, rights or liberty. Civil action or remedy: an 
 action brought to recover some civil right, or to obtain redress for 
 some wrong, not a crime or misdemeanor. Civil corporations: one 
 of the two classes into which lay corporations are divided ; the other 
 division embracing what are termed eleemosynary corporations. 
 Civil deatii: that change of a person's civil condition which is pro- 
 duced by certain acts or offenses on his part, and which extinguishes 
 his civil rights and capacities, as natural death extinguishes his 
 bodily existence. Civil injury: an infringement or privation of 
 some civil right, which is a subject for civil redress or compensation, 
 as distinguished from a crime, which is a subject for punishment 
 Civil law: the Roman law, as comprised in the Code, Pandects, 
 Institutes and Novels of Justinian, and his successors, constituting 
 together what is termed the Corpus Juris Civilis, as distinguished 
 from the canon and common law ; that system of law which a 
 community, state or nation establishes for its own peculiar govern- 
 ment, municipal law. Civil liberty: the liberty of a member of soci- 
 ety, being a man's natural liberty, so far restrained by human law as 
 is necessary and expedient for the general advantage of the public. 
 Civil right: the right of a citizen ; a right due from one citizen to 
 another, the privation of which is a civil injury, for which redress 
 may be sought by a civil action. 
 In American law. Civil damage act: a statute which gives a right 
 of action for damages against a seller of intoxicating liquor, on 
 behalf of the wife or family of the buyer, where they have been 
 injured byieason of his intoxication. Civil rights: various rights 
 of citizenship secured by the thirteenth and fourteenth amendments 
 to the federal constitution. 
 Jn English law. Civil list: an annual sum granted by parliament, at 
 the beginning of each reign, for the expenses of the royal house- 
 hold and establishment, as distinguished from the general exigen- 
 cies of the state. 
 
 Civilian. A person skilled or versed in the civil law ; a dootoi-, profes- 
 sor or student of the civil law ; a writer on the civil law. 
 
 Civilis, I. Civil, as distinguished from criminal ; civil, belonging to a 
 civitas or state. Civilis actio: a civil action. Civilis cansa: a 
 civil cause. 
 
 Civilista, Z. Z. In old English law. A civil lawyer or civilian. 
 
 Civiliter, I. Civilly, by a civil course of procedure ; civilly, as a cit- 
 izen. This term, with its opposite, criminaliter, occur in the civil 
 law, from which they were introduced, probably through Braoton, 
 into the law of England. Civiliter mortnas: civilly dead ; dead, 
 as a citizen ; dead in law. 
 
 Civis, I In the Soman law. A citizen, as distinguished from ineola, 
 an inhabitant, — origin or birth constituting the former, domicil the 
 latter. 
 
CIVITAS - CLAUDERE. 157 
 
 CiTitas, 2. In old English law. A city, properly the inhabitants. CiTi- 
 tas London habeat omnes antiquas libertates: the city of London 
 shall have all its ancient liberties. 
 In the Roman law. Citizenship ; one of the three conditions or quali- 
 fications of persons ; a body of people living under the same laws ; 
 a state. Civitates foederatse: towns in alliance with Rome, and 
 considered to be free. 
 
 Claim. A challenge or demand of the property or ownership or of 
 some interest in a thing which the person demanding has not in 
 possession, but which is withheld from him unlawfully ; a demand 
 of some matter as of right made by one person upon another, to 
 do or to forbear to do some act or thing as a matter of duty. 
 V. Counter-claim; Non-claim. 
 
 Clam, I. In the civil law. Covertly ; secretly. 
 
 Clamare, I. I. In old English law. To demand or challenge, to assert a 
 right to a thing ; to claim ; to cry out, to publish or declare aloud ; 
 to cry, as a newly-born child ; to complain. Clamaus: claiming. 
 Clamautem et anditnm iufra qnatuor parietes: crying and being 
 heard within the four walls, — applied where a child born was heard 
 to cry, thus giving the husband and father an estate as tenant by the 
 curtesy. 
 
 Clamea, clamia, clamenm, clamens, I I In old English latv. A 
 claim. 
 
 Clamor, I. I. In old English law. A claim or complaint, clamour ; a 
 cry, or outcry; the cry of a newly-born child. Clamor patriae: 
 the ciy of the country. Clamor popularis: the cry of the people. 
 
 Clare constat, I. I. In Scots law. \ It clearly appears ; the name of a 
 precept for giving seisin of lands to an heir, — so called from its ini- 
 tial words. 
 
 Claremetlien, clamarthen. In old Scots law. The warianty of stolen 
 cattle or goods ; the law regulating such warranty. 
 
 Clarendon, constitutions of. Statutes made at Clarendon in the reign 
 of Henry II. by which the usurpations of the pope and the clergy 
 and their immunity from the secular jurisdiction were limited. 
 
 Clariflcatio, I. In old Scots latv. A making clear ; the purging or 
 clearing of an assise. Clariflcatio debiti: the clearness of a debt, 
 which is proved and verified. 
 
 Class. An order or rank of persons or things; a number of persons or 
 things arranged collectively under one head, and having certain 
 qualities in common, as, creditors, legatees, etc. 
 
 Classiei. In the Roman law. Persons employed in servile duties on 
 board of vessela 
 
 Claudere, 1. 1. In old English law. To enclose ; to turn open fields 
 into closes and enclosures ; to close, finish or end. v. Diem clausit 
 extremum. 
 
158 CLAUSE -CLEAEANCE. 
 
 Clause. In old English law. Close, sealed, as, a writ not open or pat- 
 ent V. Olausum; Close; Patent. Claase rolls, or Close rolls: 
 rolls preserved in London, containing the records of writs close, 
 literae, etc. 
 
 Clanse. A part of a written instrument enclosing certain words ; a sen- 
 tence or part of a sentence in a deed, or other private writing, or in 
 a statute, v. Clausula. 
 
 Clanstrum, I, In the Roman law. A bar for securing a door. Clanstra: 
 bars. 
 
 Clanstura, I. I. In old English law. An enclosure, or tljat which fences 
 it ; brush-wood for hedges or fences. 
 
 Clausula, I. I. A clause ; a sentence or part of a sentence in a written 
 instrument or law. Clausula generalis: a general clause ; — de 
 residuo non ea complectitur qu% non ejusdem sint generis cum 
 lis quae speciatim dicta fuerant: a general clause of remainder 
 does riot embrace those things which are of the same kind with 
 those which had been specially mentioned ; — non refertur ad ex- 
 pressa: a general clause does not refer to things expressed. Clau- 
 sula quse abrogationem exclndit ab initio non valet: a clause 
 which precludes abrogation is void from the beginning. Clausula 
 Tel dispositio inutilis per presumptionem remotam, vel causam 
 ex post facto non fnlcitur: a useless clause or disposition is not 
 supported by a remote presumption or by a cause arising after- 
 wards. Clausulse inconsuetae semper inducunt suspicionem: un- 
 usual clauses always induce suspicion. 
 
 Clansum, I. I. In old English law. Close, — a term applied to writs. 
 Clausum vel apertum: close or open. v. Close. 
 
 Clausum, I. I. In old English law. A close ; an enclosure. Clansum 
 fregit: he broke the close. Technical words formerly used in cer- 
 tain actions of trespass, and still retained in the phrase qiiare clau- 
 sum fregit: the breaking of a close. Clansum Paschse: the close 
 of Easter ; tlie octave of Easter, i. e. the eighth day after the feast 
 of Easter. So called because it closed the feast 
 
 Clansura, I. I., Clausure, I. fr. In old English law. An enclosure. 
 Clansnra heyse: the enclosure of a hedge. 
 
 Claves, I. Keys. Claves curiae: the keys of the court A term ap- 
 plied, in old Scots law, to the officei-s of a court, such as the clerk, 
 Serjeant, eta Claves insulae: the keys of the island. A term ap- 
 plied, in the Isle of Man, to twelve pei'sons to whom all doubtful 
 and important cases were referred. 
 
 Clavia, I. I In old English law. A club or mace. 
 
 Clawa, 1. 1 A close, or small enclosure. 
 
 Clearance. In maritime law. A certificate given by the collector of 
 the port to the master of a vessel about to sail, stating that she has 
 complied with the law and has a right to depart 
 
CLEARING — CLERICUS. 159 
 
 Clearing:. A method of making exchanges and settling balances among 
 banks and bankers. Clearing honse: the place where the business 
 of clearing is done. 
 
 Clementine constitutions. A collection of the decretals and constitu- 
 tions of Pope Clement "V. ; published 1308, or 1313, under the title of 
 Liber Septimus decretalium. They form a part of the corjpus Juris 
 eanonici, or body of the canon law. 
 
 Clenge. In old Scots law. To clear or acquit of a criminal charge. 
 
 Clep and call. In old Scots law. A form of words prescribed by law, 
 and used in criminal cases, as in pleas of wrong and unlaw. 
 
 Cler, clenr, clur, I. fr. A clerk. 
 
 Clere, I. fr. Clear; confident; plain. Clerement: clearly. 
 
 Clergy. In English law. Persons in holy orders, and in ecclesiastical 
 oflSces. 
 In old English law. The privilege anciently enjoyed by the clergy, 
 otherwise called benefit of clergy, v. Benefit of clergy. The de- 
 livery of a clerk to the ordinary, to be kept in prison. 
 
 Clergyable. In old English law. Admitting of clergy, or benefit of 
 clergy. 
 
 Clerical error. A mistake in writing or copying ; the mistake of a 
 clerk, or writer. 
 
 Clericale privileginm, I, I. In old English law. The clerical privi- 
 lege ; the pi-ivilege or benefit of clergy, v. Benefit of clergy. 
 
 Clerici, I I. In old English law. Clerks ; clergymen. Cleric! de can- 
 cellaria: clerks of the chancery. Clerici de prima forma, or de 
 primo gradn: clerks of the first form or rank; the chief clerks of 
 chancery, who acted as the chancellor's assistants in the framing of 
 writs in consimili casu, and were afterwards termed masters in 
 chancery. Clerici de secunda forma: clerks of the second form 
 or grade; clerks of the second rank in chancery, called in the 
 statute of Westminster 2, clerks of course, and afterwards cursi- 
 tors, whose business it was to make out the common writs or writs 
 of course, v. Cursitor. Clerici prajnotarii: the six clerks in chan- 
 cery. V. Clericus; Cursitor; Six clerks. 
 
 Clerico. v. De clerieo, etc. 
 
 Clericus, L In old English laio. A clergyman, a clerk, or priest ; a per- 
 son in holy orders ; a secular priest, as distinguished from a relig- 
 ious or regular ; a clerk or person who used his pen in courts or 
 otherwise; an amanuensis of a judge or court of the king; an 
 officer whose duties were to issue writs, enrol pleas, etc. ; an officer 
 of the royal household, having charge of the receipt and payment 
 of moneys, etc. Clericus coqninae: clerk of the kitchen. Clericns 
 et custos rotulornm: clerk and keeper of the rolls, — an ancient 
 title of the Master of the Rolls. Clericus mercati: clerk of the 
 market Clericus panetr' etbutelr': clerk of the pantry and but- 
 tery. Clericus parochialis, or sacerdotas: a parish clerk. Clericus 
 
1 60 CLERICUS — CLOSE. 
 
 parvsB bagSB, et cnstos rotnlorum, et domns conTersornm: clerk 
 of the petty bag, and keeper of the rolls, and of the house of the 
 converts,— also an old title of the Master of the Rolls. 
 In the Roman law. A minister of religion in the Christian church ; 
 an ecclesiastic or priest. 
 
 Clerimonia, I. I. In old English law. Clergy, or privilege of clergy. 
 
 Clerk. A person employed to keep accounts, and the like ; a person 
 employed to keep records, as, the clerk of a court, who keeps min- 
 utes or records of the proceedings, and has the custody of the record 
 and the seal ; a person serving in the office of an attorney or a solic- 
 itor in order to qualify himself for practice, — where bound by arti- 
 cles, an articled clerk. 
 In English ecclesiastical law. A priest or clergyman ; a person in or- 
 ders. V. Benefit of clergy; Clericus. 
 
 Clerkship. In English law. The period during which a person is 
 required to serve in the office of a practicing attorney or solic- 
 itor, in order to qualify himself to practice ^s an attorney or solicitor. 
 In old English law. The art of drawing pleadings and entering 
 them on record in Latin, in the ancient court hand ; otherwise called 
 "skill of pleading in actions at the common law." v. Court hand; 
 Law Latin. 
 
 Clems, I. I. In old English law. The clergy, v. Articuli cleri. 
 
 Cliens, I. In the Roman law. A client or dependent ; one who de- 
 pended on another as his patron or protector, adviser or defender, 
 and was bound in return to pay him honor, and to serve him with 
 his life and fortune in any extremity. 
 
 Client. A person who employs or retains an attorney, solicitor, proc- 
 tor or counsellor, to appear for him in courts, to advise, assist and 
 defend him in legal proceedings, and to act for him in any legal 
 business. 
 
 Clientela, i. In old English law. The state of a client ; clientship. 
 
 Clos, I. Jr. Shut up ; close ; closed. 
 
 Close. A portion of land, as a field, enclosed, as by a hedge, fence or 
 other visible enclosure; t'he interest of a person in a particular 
 piece of ground, whether enclosed or not. 
 
 Close. In English law. Sealed,— a term applied to writs and letters, 
 sealed as distinguished from those that are open or patent Close 
 copies: copies of papers which might be written as close as the 
 writer pleased, as distinguished from office copies, which were re- 
 quired to contain so many words in a sheet Close rolls: rolls pre-' 
 served among the public records containing the records of the writs 
 or letters close, and other documents. Close writs: wi-its directed 
 to the sheriff, as distinguished from those which were directed to 
 the lord, which were called patent; writs folded with the wax 
 round them, being thus distinguished from a writ patent, which, al- 
 though folded, is sealed at the end of the label which issues from 
 
CLOSE — CODEX 161 
 
 the same piece of parchment, and surrounds the writ ; letters of the 
 king, sealed with his great seal, directed to particular persons, and 
 for particular purposes, which, not being proper for public inspec- 
 tion, are closed and sealed on the outside. 
 
 Cloud or cloud upon title. That which shows prima facie a right to 
 an interest in realty in a person not in possession, or an unfounded 
 claim which there is reason to fear may be asserted to the injury of 
 the person in possession. 
 
 Co. A prefix to words, denoting conjunction of action, or of right, 
 power or duty ; as in the words co-administrator, co-executor, co- 
 trustee, etc. ; an abbi-eviation of county and of company. 
 
 Coadjutor. An assistant ; the assistant of a bishop. 
 
 Coadnnare, L I. In old English law. To get together; to heap up, as 
 hay, manure, etc. 
 
 Coadunatio, /. I. In old English law. A uniting of persons together ; a 
 combination or conspiracy. 
 
 Coarctare, coartare, I. In old English law. To straiten ; to restrain, 
 limit, or confine. Coarctata: limited, or restrained. 
 
 Coarctatlo, I. In old English law. A restriction or limitation. 
 
 Coast. The margin of land next to the sea ; the sea-shore. 
 
 Cocket, cocquet, coquet. In English law. The seal of a custom-house ; 
 a scroll or piece of parchment, sealed and delivered by customs 
 officers as a warrant that goods are customed ; a testimonial that 
 customs outward, due to the king, are paid. 
 
 Cockettare, I I. In old English law. To cocket Cokettari: to be 
 cocketted, that is, furnished with a cocket 
 
 Code. A body of laws ; a collection or compilation of laws, by public 
 authority, — either a mere compilation of existing laws, or a new 
 system of laws founded on new principles. Codes of procedure civil 
 and criminal have been enacted by New York and many of the 
 western states. Code civil: a code of law prepared under the di- 
 rection of Napoleon, and promulgated in 1804, as the civil law of 
 France, — called under the Empire the Code Napoleon. Code of 
 Justinian: a collection of imperial constitutions in twelve books, 
 compiled by Tribonian and nine associates, under the direction of 
 Justinian, A. D. 529 ; and so called to distinguish it from the code 
 of Theodosius, published about a century before, — the first of four 
 collections, which make up the Corpus Juris Civilis. Code of Tiie- 
 odosius or Theodosian code: a code compiled by the emperor The- 
 odosius the younger, A. D. 438, being a methodical collection, in 
 sixteen books, of all the imperial constitutions then in force. It is 
 more properly called the Theodosian code. 
 
 Codex, I. A code or collection of laws ; particularly the code of Jus- 
 tinian ; a book or manuscript ; a writing folded like modern books, 
 with a number of distinct leaves ; a copy or counterpart of a written 
 11 
 
162 CODEX — COGNITIO. 
 
 instrument Codex Gregrorianns: a collection of imperial consti- 
 tutions made by Gregorius, a Roman jurist, about the middle of the 
 fifth century. Fragments only remain. Codex Hermogeniaiius: a 
 collection of imperial constitutions made by Hermogenes, a jurist of 
 the fifty century. It was nothing more than a supplement to the 
 Codex Gregorianus, containing the constitutions of Diocletian and 
 Maximilian. Fragments only remain. Codex Jiistlnianeus: the 
 code of Justinian ; so called by Justinian himself. Codex repetitas 
 prselectionis: the new code of Justinian; or the new edition of 
 the first or old code, promulgated A. D. 534, being the one now 
 extant Codex Theodosianns: the code of Theodosius. Codex 
 Vetus: the old code; the first edition of the code of Justinian; 
 now lost 
 
 Codicil. A supplement to a will explaining, adding to or altering pro- 
 visions. It is made by the testator, is annexed to the will, and is to 
 be taken as a part of it 
 
 Codieilliig, I. In the Roman law. A codicil ; an informal and inferior 
 kind of will, in use among the Romans. 
 
 Coemptio, I. Mutual purchase ; one of the modes in which marriage 
 was contracted among the Romans. It was in the form of a private 
 bargain. 
 
 Coercion. Constraint ; compulsion, v. Duress. 
 
 Cogitatiouis poenam nemo patitur, I. No man suffers punishment for 
 his thoughts. ^ 
 
 Cognates. Relations by the mother's side, or by females. 
 
 Coguati, Z. In the civil law. Cognates ; relations by the mother's side ; 
 relations generally, properly, by blood; persons of the same blood. 
 
 Cognatio, I. In old English law. Cousenage, or cosinage. v. Cosinage. 
 In the civil law. Cognation ; relationship, or kindred generally ; re- 
 lationship through females, as distinguished from agnatio, or rela- 
 tionship through males. 
 In the canon law. Consanguinity, as distinguished from aJEnity ; con- 
 sanguinity, as including aflinity. 
 
 Cognatns, I. In the civil law. A relation by the mother's side ; a cog- 
 nate; a relation, or kinsman, generally, v. Cognati; Cognatio. 
 
 Cognizance, cognisance, conusance. Acknowledgment; admission or 
 confession; recognition; jurisdiction, as of a court over a cause; 
 judicial notice, or examination ; the hearing of a matter judicially. 
 Conusance of pleas: an exclusive right to try causes, — a right 
 granted certain cities. It may be pleaded by " claim of conusance " 
 to the jurisdiction of another court v. Avowry. 
 
 Cognitio, L In old English law. The acknowledgment of a fine ; the 
 certificate of such acknowledgment; cognizance, or jurisdiction. 
 Cognitio placitorum: cognizance of pleas. 
 In the Roman law. The judicial examination or hearing of a cause. 
 
COGNITIONIS — COJUDICES. 163 
 
 Cognitionis cansa;, I. In Scots law. For the purpose of ascertaining ; 
 a judgment or decree ascertaining the amount of a debt against 
 the estate of a deceased landed proprietor, on cause shown, or after 
 due investigation. 
 
 Cognitor, I In old English law. One who acknowledges ; a cognizor, 
 or conusor, v. Cognizor, 
 In the Roman law. An advocate or defender in a private cause ; one 
 who defended'the cause of a person present. 
 
 Cognizatus, 1. 1. In old English law. One to whom an acknowledgment 
 was made ; a cognizee, or conusee. v. Cognizee. 
 
 Cognizec, conusee. The party to whom a fine was levied. 
 
 Cognizor, conusor. The party levying a fine. 
 
 Cognomen, I. In English law. A surname; a name added to the 
 novien proper, or name of the individual ; a name descriptive of the 
 family. 
 In tM Roman law. The last of the three names by which all Romans, 
 at least those of good family, were designated, — indicating the hou.se 
 ovfamilia to which he belonged, the first, or prcenomen, serving to 
 denote the individual, and the second, or nomen, the clan or gens. 
 
 Cognosce, I. I In Scots law. To examine ; to inquire into. 
 
 Cognoscere, I. In old practice, to acknowledge. Cognovit, cognovit 
 actionem: he has acknowledged, be has acknowledged the action; 
 a written confession of the justice of an action, made after the dec- 
 laration, signed by the defendant or his attorney, authorizing the 
 plaintifiT to enter judgment Cognovit actionem relicta veriflca- 
 tione: he has acknowledged the action, the plea being abandoned ; 
 such a confession where after plea it contains an agreement to with-, 
 draw the plea. 
 In the civil law. To hear a cause. 
 
 Cohabit. To live together as husband and wife ; to live together at bed 
 and board ; to live together, as in the same house. 
 
 Cohabitare, I I. In old English law. To live with, or together, as hus- 
 band and wife ; to be often with, or together ; to cohabit 
 
 Cohaeres, I. In old English law. A co-heir, or joint heir. Co-hseredes: 
 co-heirs. A term applied to copai-ceners, who constitute, as it were, 
 one heir or body. Cohaeres particops cum co-hserede participe: 
 coparcener with coparcener. 
 
 Cohertio, I. I. 1^ old English law. Coercion ; the coercive power of a 
 court; restraint without process of law. 
 
 Coif, Coifa, 1. 1. In English practice. A covering for the head, formerly 
 worn as a distinctive badge by Serjeants at law, — originally, it is 
 supposed, to conceal the clerical tonsure. 
 
 Coire, L In the civil law. To come together ; to associate as one body. 
 
 Cojudices, I. In old English law. Associate judges having equality of 
 power with others. 
 
164 COLIBERTUS — COLLECT. 
 
 Colibertns, collibertus, conlibertns, pi. coliberti, I. I. Coliberti are 
 inferior tenants mentioned in Domesday, thought to have been ten- 
 ants in free socage by free rent 
 
 Collateral. Connected by, or on the side ; by the side and not in a 
 direct line; depending upon; additional. Collateral assurance: 
 an assurance in addition to some other assurance , as, a bond in 
 addition to covenants in a mortgage. Collateral consangninity: 
 relationship not lineal which exists between persons who are de- 
 scended from one and the same stock or ancestor, whether near or 
 remote. Collateral issue: an issue upon matter aside from the 
 intrinsic merits of the action, as upon a plea in abatement, or aside 
 from the direct and regular order of the pleadings, as on a demur- 
 rer ; an issue on a plea of diversity of person, pleaded by a criminal 
 who has been tried and convicted, in bar of execution. Collateral 
 limitation: a limitation of an estate which gives an interest for a 
 specified period, but makes the right of enjoyment to depend on 
 some collateral event Collateral security: a security in addition 
 to another, or principal security, to be resorted to in case of failure 
 of the principal security. Collateral warranty: a warranty of 
 lands, collateral to the title of the heir, or him upon whom the war- 
 ranty falls ; a warranty made by a person who is collateral to the 
 title, i e. a person out of the line of the title, and through whom 
 the title did not pass. v. Lineal warranty. 
 
 Collateral es et socii, 2. Z. Assessors; assistants and associates of the 
 chancellor ; former titles of masters in chancery. 
 
 Collatio, I. A bringing or putting together ; a throwing into one fund 
 or mass ; a comparison of two things by putting them, together ; a 
 conferring or bestowment of a thing ; collation ; contribution or 
 averaga Collatio bonorum: the bringing of an advancement 
 into hotchpot Collatio signorum, or sigillorum: comparison of 
 seals ; the old way of testing genuineness, by comparison with a 
 seal known to be genuine, v. Comparatio literarum; Comparison 
 of hands. 
 In the civil law. Collatio bonorum: collation of goods ; a bringing 
 together of goods or property into a common fund, especially of 
 property received of a testator by way of advancement, for the 
 purpose of a more equitable division among the heirs. In Louisiana 
 it is called collation or rapport. 
 
 Collation to a benefice. In English ecclesiastical law. The conferring 
 of a benefice by the bishop, where he has himself the advowson. 
 
 Collect. To gather together, as to gather money due by way of private 
 debt, or money due government as for taxes or customs duties. 
 Collect on delivery: a direction to a carrier to demand and receive 
 for the seller the purchase-money of goods sold and carried when he 
 makes delivery to the buyer and consignea 
 
COLLECTOR — COLNE. 165 
 
 Collector. A person employed to demand and receive payment of 
 money ; a public officer whose duty it is to demand and receive 
 payment of money, as, for taxes, customs duties, etc. 
 
 Collectores, I. I. In old English law. Persons appointed to make col- 
 lections for another ; collectors. 
 
 Collega, I In the civil law. A colleague ; one having the same power 
 with another. 
 
 Collegatarins, I In the civil law. A co-legatee. 
 
 College. A collection, assemblage or company of persons ; an associa- 
 tion of persons, authorized by law, for the perforAance of some 
 duty or ofiSce, or the attainment of some object, literary, scientiSc, 
 political or ecclesiastical. 
 
 Collegialiter, I. I In a corporate capacity. 
 
 Collegiate chnrch. In English ecclesiastical law. A church built and 
 endowed for a society or body corporate of a dean or other presi- 
 dent, and secular priests, as canons or prebendaries. 
 
 Colleginm, I. In the civil law. An association of persona, usually of 
 the members of a trade ; a corporation, company, or college, estab- 
 lished by authority of law. Collegium licitum, or legitiinnm: a 
 collegium confirmed by special enactment, or by a senatiLS consultum, 
 or an imperial constitution. Collegium lllicltum: a collegium not 
 so confirmed, or a collegium which abused its right or assembled for 
 some unauthorized purpose. 
 
 Colligendum bona defuiicti. v. Ad colligendum. 
 
 Collision. A striking, or running together with violence, particularly the 
 running foul of vessels, v. Allision. 
 
 Colllstriginm, I. I. In old English law. The pillory. 
 
 Collobinm, Z. I A hood or covering for the shoulders, formerly worn 
 by Serjeants at law. 
 
 Colloquium, 2. 2. Conversation; discourse. That part of the declaration 
 in slander which avers that the words were spoken concerning the 
 plaintiff, — in a certain discourse or conversation, in quodam collo- 
 quio which he had with others, or with the plaintiff in the presence 
 of others. 
 
 Collusion. An agreement between two or more persons to defraud an- 
 other by the forms of law, or to employ such forms as means of ac- 
 complishing some unlawful object ; an agreement between husband 
 and wife that one of them shall do or appear to do tliat which 
 would give the other a ground for divorce, in order that a divorce 
 may thus be procured, 
 
 CoUybista, gr.-l In the civil law. A dealer in money ; a money-changer. 
 V. Argentarius. 
 
 Collybum, gr.-L In the civil law. Exchange. 
 
 Colne, SOUK. In Saxon and old English law. An account or calcula- 
 tion. 
 
166 COLOR — COMITA& 
 
 Color, I. and eng. Appearance as distinguished from reality ; the ex- 
 terior or prima fades of a thing. Color a rhetoribns appellatur 
 probabilis alicujus rei caasa, qna quod falsum aot tarpe est 
 velamus: color is called by the rhetoricians the probable cause of 
 anything, -with which we disguise what is false or base. Color of law: 
 mere semblance of legal right. Color of office: mere semblance of a 
 right to exercise the powers of ofifica Color of title: mere sem- 
 blance or appearance of title, v. Express color; Give color; Im- 
 plied color. 
 
 Colorable. Existing in semblance or appearance merely. Colourable 
 pleading:: giving colour in pleading. 
 
 Colore, I. By or under color. Colore officii: by or under color of 
 office ; under pretense of oiiBcial authority. 
 
 Colpare, I. I. In old English law. To lop or top, as trees;' to cut oflE 
 the boughs. Colpatura: a lopping or topping of trees. 
 
 Comander, comaunder, I. fr. To commit or send. Comaundes a la 
 prison: committed to prison. 
 
 Combarones, i ?. In old English law. Fellow-barons; fellow-citizens. 
 
 Combat. In old English law. The formal trial of a doubtful cause or 
 quai-rel, by the swords or batons of two champions, v. Battel; 
 Ihiellum. 
 
 Combination. Union of persons or things ; in the law of patents, union 
 of parts, as of machines or machinery. 
 
 Combussor, I. I. In old English law. A burner; an incendiary. 
 
 Conibustio, 2. I7i old English law. Burning; the punishment of burn- 
 ing, inflicted upon apostates and others. Combustio domorum: the 
 burning of houses; house-burning; arson. Combustio pecuniae: 
 the burning, i. a the melting, of money ; the old way of trying 
 mixed and corrupt money, by melting it down upon payments into 
 the exchequer. 
 
 Come, I. fr'. As ; so ; whereas. Come ceo que 11 ad, etc. : as that which 
 he hath, etc. Come de det: as of duty. Come Dleu luy aide: so 
 help him God. Come semble: as it appears. 
 
 Come. To appear in court, as a party in an action at law. Come and 
 defend: a phrase used at the commencement of pleas and demur- 
 rers to the declaration, expressing appearance, and defense. 
 In old English law. Come to land: to acquire land ; to obtain pos- 
 session under a title. 
 
 Comen, I. fr. Common. 
 
 Coment, I. fr. Although; notwithstanding. 
 
 Comes, I. A companion, a follower or attendant ; a count, an earl. An 
 otRcial and honorary title of great antiquity and various application. 
 
 Comitas, I. Comity ; courtesy ; civility. Comitas inter communitates 
 or inter gentes: comity between communities or nations; comity 
 of nations, v. Comity. 
 
COMITATUS — COMMANDMENT. 167 
 
 Comitatns, I. In old English law. A county or shire, — so called from 
 the comes, or earl, who formerly had the government of it ; an earl- 
 dom; the county court; anciently a court of great dignity, and 
 called forum plebeice justitice et theatrum, comitivoB potestatis, the 
 tribunal of common justice, and the seat of the power of the 
 county; a train or body of companions, followers or attendants. 
 V. Posse. 
 In the Roman law. The court or household of the emperor. 
 In feudal law. The dignity, oflSce or fief of a comes or count 
 
 Comltes. Companions, attendants or followers ; retainers or adherents ; 
 earls or counts, v. Comes. Comites paleys, or palentynes: counts 
 or earls who had the government of a county palatine ; counts or 
 earls palatine, v. County palatine. 
 
 Comitia, I. In the Roman law. General assemblies of the people, con- 
 vened by the constitutional authority of some magistrate, in order 
 to enact or repeal anything by their suffrages. Comitia calata: as- 
 semblies convened for certain religious purposes, and at which testa- 
 ments were usually made ; applied to both the comitia curiata and the 
 comitia centuriata. Comitia centuriata: assemblies of the people, 
 instituted by Servius TuUius, and embracing all orders (though the 
 patricians and persons of property generally exercised a controlling 
 influence), in which the people gave their votes by centuries. Comi- 
 tia curiata: assemblies wholly or mainly of the patrician order, 
 instituted by Eomulus, in which they voted in curice, or parishes, of 
 which there were thirty. Comitia tribnta: assemblies of the peo- 
 ple, probably of the plebeians only, established B. C. 491, in which 
 they voted according to tribes. 
 
 Comitissa, I. I. In old English law. A countess ; the wife of an earl. 
 
 Comitiva, I. I. ' In old English law. The dignity and office of a comes, 
 count or earl ; the same with what was afterwards called comitatus. 
 
 Comity. Courtesy. Comity of nations: the courtesy by which one 
 state recognizes or follows the laws of another, — an expression of 
 the extent of the obligation one state is under to recognize and fol- 
 low the laws of another. 
 
 Commandery, commandry. In English law. An establishment be- 
 longing to the priory of St. John of Jerusalem, consisting usually 
 of a manor, or chief messuage, with lands and tenements, under the 
 government of an officer called a commander, who received a part 
 of the income for his own use, and accounted for the rest 
 
 Commandite or societc en commandite. In French law. A special or 
 limited partnership. 
 
 Commandment. An act of authority, as of a magistrate or judge, in 
 committing a person to prison ; the act of inciting another to trans- 
 gress the law, or do any thing contrary to law, as theft, murder, 
 or the like, — particularly the act of an accessary before the fact 
 
168 COMMARCHIO-COMMINATORIUM. 
 
 Commarchio, 1. 1. A boundary or border ; a common boundary, v. Mar- 
 ohiare. 
 
 Commencement. The first existence of a thing ; a start ; a beginning. 
 Commencement of a building': work done on the ground the effect 
 of which is apparent. Commencement of a suit: such a proceed- 
 ing as gives a jurisdiction good against collateral impeachment, as 
 affects the defendant, or as saves the bar of the statute of limita- 
 tions. 
 
 Comraenda, 1. In mercantile law. An association in which capital is 
 entrusted to individuals. 
 In English ecclesiastical law. Commenda, or Commeuda retinere: 
 a living or benefice commended by the crown to the care of the 
 clerk, to hold till a proper pastor is provided for it. 
 
 Commendam. In Louisiana law. A species of limited partnership. 
 
 Commendare, I. In the civil law. To commend ; to recommend a per- 
 son ; to commend or praise a thing, as an article offered for sale ; to 
 deposit ; to lend ; to e'ntrust a thing. 
 In old European and feudal law. To commend, commit or entrust 
 one's self to the protection of another. 
 
 Commendatio, I. In the civil law. Commendation ; praise or recom- 
 jnendation. v. Ea quce, etc. ; Simplex, etc. 
 
 Commendatus, L I. In feudal law. One who entrusts himself to the 
 protection of another. 
 
 Commerce. In a strict sense, traffic in merchandise ; in a general sense, 
 an interchange of goods, or property of any kind, between nations 
 or individuals, either by barter, or by purchase and sale ; intercourse 
 between nations ; intercourse with foreign nations, including navi- 
 gation. 
 
 Commercial law. The law by which the commerce of nations is regu- 
 lated. V. Maritime law. 
 
 Commercium, I. In the civil law. Commerce; trafiic; the right or 
 power of purchase and sale ; power over a subject of sale. Com- 
 mercium jure gentium commune esse debet, et non in monopo- 
 lium et privatum paucorum qnsestum convertendnm: commerce, 
 by the law of nations, ought to be common, and not converted into 
 monopoly and to the private gain of a few. 
 In international law. Commercia belli: communications or conven- 
 tions of war ; arrangements between hostile powers by which" inter- 
 course is, for the time, established between them, as for the purpose 
 of burying the dead, exchanging prisoners, atid the like ; contracts 
 or conventions between the subjects of such powers, as ransom bills, 
 contracts made by prisoners of war for subsistence, and the lika 
 
 Comminalty, comminaltie, l.fr. The commonalty or people. 
 
 Comminatorium, I. I In old practice, a clause sometimes added to a 
 writ admonishing the sheriff to be faithful in executing it. 
 
COMMISSARY — COMMIT. 169 
 
 Commissary. In English ecclesiastical law. Formerly an officer who 
 exercised a bishop's jurisdiction in distant places of the diocese where 
 there was no archdeacon. 
 Commission. To authorize or empower by virtue of a commission. 
 Commission. A warrant or authority in writing and under seal, some- 
 times in the form of letters patent, empowering those to whom it is 
 directed, to perform certain acts, or to exercise a certain jurisdic- 
 tion ; the pei'sons who act by virtue of such an authority ; a writ 
 issued out of court and under seal, authorizing persons named to per- 
 form specified duties, as to take the testimony of witnesses, etc. ; 
 the order or instruction under which one person traffics, or acts for 
 another; the compensation allowed an agent for his services. Com- 
 mission of lunacy, or Commission de lunatico inquirendo: a 
 commission authorizing certain persons to inquire whether a person 
 represented to be a lunatic, is so or not Commission to examine 
 witnesses: a commission issued to obtain the testimony of persons not 
 residing within the jurisdiction of the court, and whose pei-sonal at- 
 tendance cannot be compelled by subpoena. 
 In English lall:|^ Commission day: the opening day of the assize'a 
 Commission of assize: one of the several authorities, by virtue of 
 which, until recently, the judges of the superior courts sat upon their 
 circuits. Commission of banlcrupt: a commission or authority 
 formerly granted by the Lord Chancellor, in cases of bankruptcy, 
 as authorizing proceedings according to the statute against bank- 
 rupts. Commission of nisi prins: one of the several commissions 
 by virtue of which the judges of the superior courts sit upon their 
 circuits. Commission of rebellion: a process formerly used in the 
 court of chancery, being one in the series of what was called process 
 of contempt, and issued to attach a defendant in contempt as a i-ebel 
 and contemner of the law and bring him to court on a day assigned. 
 Commission of the peace: a commission from the crown, appoint- 
 ing certain persons therein named, jointly and severally to keep the 
 peace, etc. 
 In English ecclesiastical law. Commission of review: a commission 
 formerly sometimes granted in extraordinary cases, to revise the 
 sentence of the court of delegates. 
 
 Commissioner. A person holding a commission for the discharge of 
 certain duties, as the execution of a public office. 
 
 Commissor, I. I. In old English law. A committer; one who com- 
 mitted or entrusted land to another to hold during his pleasura 
 
 Commissor i a lex. v. Lex commissoria. 
 
 Commit. To send to prison for a crime or for contempt or contumacy ; 
 to deliver to the custody of the sheriff or marshal, on surrender by 
 bail ; to send to a place of confinement a person found to be insane ; 
 to delegate, as a duty ; to confide in; to entrust ta 
 
170 COMMITMENT — COMMON. 
 
 Coiuinitnient. The Bont'ing or committing of a person to prison or gaol, 
 by warrant or order, for a crime, or for contempt, or contumacy ; a 
 delivery to the custody of a sheriff or marshal, on surrender by bail ; 
 a part of the process of charging a defendant in execution; the 
 warrant or order by which a party is committed, v. Commit; Mit- 
 timus. 
 
 Committee. One or more persons to whom the consideration or man- 
 agement of any matter is committed or referred by court, or by con- 
 sent of the parties to whom it belongs ; tjie person to whom the care 
 and custody of the person or estate of a lunatic is committed by the 
 court. 
 
 Committere, I. In old English law. To commit ; to entrust or put in 
 charge ; to commit, or be guilty of ; to send to ; to send to prison or 
 into custody. Committit jurator perjuriam quando, etc. : the 
 juror commits perjury, when, etc. 
 
 Committitur, I. He is committed ; an order or minute, setting forth 
 that the pei'son therein named is committed to the custody of the 
 sheriff. Committitur piece: an instrument in the form of a bail- 
 piece, by which a defendant in custody is charged in execution, at 
 the suit of the same or another plaintiff. 
 
 Commixtio, I. In the civil law. Commixture or commixtion ; a mix- 
 ing together of things solid or dry, which belong to different per- 
 sons. V. Confusio. 
 
 Commodare, I. In the civil law. To loan or lend ; to give to another 
 to be used. 
 
 Commodate. In Scots law. A gratuitous loan for use. 
 
 Commodati actio, I. In the civil law. An action of loan ; an action for 
 a thing lent. 
 
 Commodator, I. In the civil law. A lender. 
 
 Commodatnm, I. In the civil law. A thing loaned ; a grajtuitous loan 
 of a specific thing. 
 
 Commodum, I. Advantage, benefit or profit. Coramodum ejus esse 
 debet cujus periculum est: he who runs the risk ought to have the 
 profit. Commodum ex injuria sua nemo habere debet: no man 
 ought to profit by his own wrong, v. Cujiis est, etc. ; Nerno ex, etc. ; 
 Secundum, etc. ; Vh ne, etc. 
 
 Common. A right to take a profit in the land of another, either with 
 the owner, or with others, as to feed beasts, catch fish, dig turf, cut 
 wood, or the like ; a space of ground in a town or other municipal 
 district, set apart for public use. Common appendant: an imme- 
 morial right of tenants in a manor to feed their commonable cattle 
 on other lands of the manor. Common appurtenant: a right of 
 feeding cattle, commonable or not commonable, on the land of an- 
 other, in common with the owner or with others, which is founded 
 on a grant, or a prescription which supposes a grant Common be- 
 
COMMON. 171 
 
 cause of vicinage (pur cause de Ticinage): a right of common 
 arising out of permissive intercommoning between adjoining town- 
 sliips, tlie cattle of eacii liaving been usually allowed to stray in the 
 fields of the otlier. Common in gross, or at large: a right of com- 
 mon vested in a person or corporation, not annexed to land. Com- 
 mon of estovers: a right to take necessary wood for the use or 
 furniture of a house or farm. Common of pasture: the right of 
 feeding one's cattle on another's land, in common with the owner, 
 or with other persons. Common of piscary, or Jftshery: the right 
 or liberty of fishing in another man's water. It is different from a 
 right of common fishery, v. Common fishery. Common of shack: 
 a species of common by vicinage, prevailing in parts of England, 
 which is a riglit of persons occupying lands lying in a common field, 
 to turn out their cattle after harvest to feed promiscuously in that 
 field ; a kind of common pur cause de vicinage. Common of tur- 
 bary: a right of common for the digging of turf on another man's 
 ground. It may be either by grant or prescription, and may be 
 eitlier appurtenant or in gross ; but it can be appurtenant only to a 
 house, not to land ; and it can be only for use as fuel in that house. 
 Common sans nombre: common without number; that is, without 
 limit as to the number of. cattle which may be turned on ; other- 
 wise called, common without stint. 
 Common. Customary, usual, ordinary ; as, common appearance, assur- 
 ance, bail, bond, care, count, informer, intendment, jury, traverse, 
 etc. ; originating with, or existing for, the public, or belonging to or 
 affecting the public ; as, a common carrier, council, inn, nuisance, 
 school, way, etc. ; belonging to or shared by several ; as, a common 
 ancestor, benefit, recovery, etc. ; habitual or frequent; as, a common 
 barrator, drunkard, thief, etc. Common assurances: the several 
 modes or linstruments or conveyance established or authorized by 
 the law of England, v. Assurance. Common bail: a species of bail 
 intended only to express the appearance of a defendant in cases 
 where special bail is not required, v. Bail; Common. Common 
 bar: a plea in an action of trespass, otherwise called blank bar. 
 V. Blank bar. Common barretor: one who frequently excites and 
 stirs up suits and quarrels, either at law or otherwise, v. Barretor; 
 Barratry. Common carrier: a carrier for hire wlio carries indiffer- 
 ently for any one who may employ him, without special contract 
 Common council: the representative body of a corporation, in which 
 is vested the power of making its laws and administering its affaii-s. 
 Common counts: counts invariable in form, framed on general 
 principles of statement, and so common in their application to a 
 variety of actions, as distinguished from special counts, which are 
 adapted to the special circumstances of each case, and are peculiar 
 to the actions in which they are employed. Common error: an 
 error for which there are many precedents. Common fishery: a 
 
172 COMMON. 
 
 riglit of fishing common to all, as a fishery in the sea, or in a navi- 
 gable river. Sometimes confounded with common of fishery, and 
 free fishery, from vs-hich it is clearly distinguishable. Common 
 form: proof of a will by an executor on his own oath. Common 
 informer: one who makes a business of giving information of the 
 violation of penal statutes, with a view to the prosecution of the of- 
 fender, and to whom the whole or a part of the forfeiture is given, 
 v. Informer. Common intendment: common meaning or under- 
 standing ; the understanding of a thing according to the subject- 
 matter, without straining it to any extraordinary or foreign sensa 
 V. Intendment. Common jury: the ordinary kind of jury by which 
 issues of fact are generally tried. Common law: the English law 
 as distinguished from the civil law, the canon law and other systems ; 
 that part of the English law which had its origin not in statute but 
 in immemorial custom and usage as declared by the courts ; the law 
 administered in the common-law courts, as distinguished from the 
 courts of equity and admiralty ; the general customs of the king- 
 dom, as /distinguished from local customs. Common nuisance: a 
 nuisance which affects or may affect the public, as distinguished 
 from one which is confined in its effects to particular individuals. 
 Common schools: schools for the elementary instruction of chil- 
 dren of all classes ; schools supported by general taxation, conti'olled 
 by agents appointed by the voters, and open to all free of expense. 
 Common scold: a quarrelsome woman, whose conduct is a public 
 nuisance to her neighborhood, formerly punishable as a nuisance by 
 being placed in the trebucket, castigatory, or cucking stool. Common 
 seal: the seal of a corporation, by which alone, at common law, it 
 could speak and act Common weal: the common good ; the public 
 welfare. 
 
 In English law. Common Bench: the Bench as distinguished from 
 the King's Bench ; the former title of the court of Common Pleas. 
 V. Bench. Common Pleas: prior to the judicature act of 36 & 37 
 Yict., c. 66, one of the superior courts of common law, consisting of 
 a chief justice and four puisne judges, y. Bench. Common re- 
 covery: a species of common assurance, or mode of conveying lands 
 by matter of record, formerly in frequent use, but abolished by 
 statute 3 & 4 Will. IV., c. 74. Common vouchee: the vouchee in 
 common recoveries ; the person vouched to warranty, or called on 
 to defend the title of the tenant in those proceedings, v. Vouchee. 
 
 In old English law. Common chase: a place where the right of hunt- 
 ing was common to all. Common day: an o^mary day in court. 
 V. Dies communis. Common line: a certain sum of money which 
 the residents in a leet paid to the lord of the leet, otherwise called 
 head silver, cert money, or certum letce; a fine or amercement im- 
 posed upon a county at large. Common place: common pleas. 
 Common pleas: common causes or suits, — a term anciently used to 
 
COMMON — COMMUNIA. 173 
 
 denote civil actions, or those depending between subject and subject, 
 as distinguished from pleas of the crown. 
 In Scots law. Common debtor: a debtor whose effects have been 
 arrested by several creditors. 
 
 Commonable. Entitled to common, — beasts either beasts of the plough 
 as horses and oxen, or such as manure the land, as kine and sheep. 
 
 Commonalt}^. In American law. One branch or division of the mem- 
 bers of a municipal corporation ; as the mayor, aldermen and com- 
 monalty of a city. 
 In English law. One of the component parts of an incorporated com- 
 pany ; as, the master, wardens and commonalty ; the commoners or 
 people of England, as distinguished from the nobility ; the middle 
 classes in England ; the better and more influential sort of common- 
 ers, otherwise called communalty or comminalty. 
 
 Commoners. In English law. Persons having a right of common. 
 
 Commons. The commoners or people of England, as distinguished from 
 the nobility, consisting of all such men of property in the kingdom 
 as have not seats in the House of Lords ; the popular branch of par- 
 liament. 
 
 Commonty. In Scots law. Land possessed in common by different 
 proprietors, or by those having acquired rights of servitude. 
 
 Commorancy. A dwelling in any place as an inhabitant, which con- 
 sists in usually lying there ; a mere temporary residence. 
 
 Commorant. Staying or abiding ; dwelling, or usually lying in a place. 
 
 Commorientes, I In the civil laiv. Persons dying together, in the 
 same place, or from the same cause. 
 
 Commote, Commotum, 1. 1. In old English law. Half of a cantred or 
 hundred in Wales, containing properly fifty villages ; a great seign- 
 iory, including one or more manors ; part of a seigniory. 
 
 Commnnance. In old English law. Tenants and inhabitants, who had 
 the right of common, in open fields or woods. 
 
 Commanare, L I. In old English law. To common ; to enjoy the right 
 of common. 
 
 Commnnaute, commune, I fr. In old English law. Commonalty. 
 
 Commune, I. Common. 
 In old English law. Commune concilium regni: the common council 
 of the realm ; one of the names of parliament. Commune liospitium: 
 a common inn. Commune placitum: a common plea or aption, 
 such as an action of debt. Commune Tinculum: a common or 
 mutual bond, — applied to the common stock of consanguinity, and 
 to the feudal bond of fealty. 
 
 Communia, I. In old English law. Common ; common things, such 
 as running water, the air, the sea and sea shores. Commnnia pas- 
 turse: common of pasture. Communia piscarise: common of pis- 
 cary. Commnnia placita: common pleas or actions ; pleas or ac- 
 
174 COMMUNI A — COMMUNITY. 
 
 tions between common persons, i. e, between one subject and an- 
 other, as distinguished from placita coronoe, pleas of the crown, or 
 criminal actions ; — non sequantur curiam nostram, sed teneantur 
 in aliqno loco certo: common pleas shall not follow our court, but 
 shall be held in some certain placed — inter subditos, ex jure nos- 
 tro, quod commune vocaut, in hoc disceptantur: common pleas 
 between subjects are determitied in this [court], according to our 
 law which they call common. Communia turbariae: common of 
 turbary. Communia vero dici potcrunt aliquando quae sunt om- 
 nium animantium: common things may be defined to be those 
 which belong to all living creatures. 
 
 Commnnibus annis, L In ordinary years; one year with another. 
 
 Communicare, 1. 1. In old English law. To common. Communicantes: 
 commoners. 
 
 Communication. A talking or conferring, w-here there is only a dis- 
 course without an agreement; conference, as distinguished from 
 agreement ; the act of imparting information to another ; informa- 
 tion so imparted ; intercourse ; connection, v. Privileged. 
 
 Communi dividnndo, I. In the civil law. An action brought for divid- 
 ing a common property. 
 
 Communio bonorum, I. Community of goods. 
 
 Communion of goods. In Scots latv. The right enjoyed by married 
 persons in the movable goods belonging to them. 
 
 Communis, Z. Common. Communis error: a common error; an opin- 
 ion or practice which has commonly been held or observed, though 
 originally perhaps without adequate foundation in law ; — facit jus: 
 common error makes law, i. e. sometimes passes for law. Com- 
 munis opinio: common opinjon ; general professional opinion. 
 V. A communi, etc. 
 In old English law. Communis bancus: the common bench, v. Ban- 
 cus; Common pleas. Communis rixatrix: a common scold. Com- 
 munis scrip tnra: a common writing ; a writing common to both 
 parties ; a chirograph. Communis stipes: a common stock or root 
 of descent ; a common ancestor. Communis strata: a common way. 
 In the civil law. Communis paries: a common or party wall. 
 
 Communitas. In old English law. A community, company or society. 
 Communitas regni Anglise: the general assembly of the kingdom 
 of England ; one of the ancient names of pai'liament. v. Commu- 
 naute. 
 
 Communiter nsitata et approbata, I. Things commonly used and ap- 
 proved. 
 
 Community. Mutuality ; unity ; a species of partnership interest aris- 
 ing upon marriage under the laws of some states in property ac- 
 quired during coverture, — legal when it arises by operation of law, 
 conventional when created by express contract ; a society having 
 
COMMUNITY — COMPENSATION. 1 75 
 
 common political interests ; a society having by express agreement 
 common rights, interests, etc., in matters of property. 
 
 Commutation. Substitution, as, of a money payment for tithes, or of a 
 tax for a personal service, or, after conviction, of one punishment 
 for another, particularly of a lesser punishment for a greater. 
 
 Commutative contract. In the civil law. A contract in which each 
 of the parties receives as much as he gives, or an equivalent for 
 what he gives. 
 
 Comon, Z. /r. Common. Comon erndic': common learning; familiar 
 law. 
 
 Comorllia,w. and tp. In old English law. An assemblage. Properly 
 cymortha or cymmorthau. 
 
 Compact. An agreement or contract, usually of the more formal or 
 solemn kind ; a contract or engagement between nations, or states, 
 or the individuals of a community. 
 
 Company. An association of persons for the purpose of carrying on 
 some commercial or industrial undertaking, or other legitimate busi- 
 ness. 
 
 Comparatio literarum, I. In the civil law. Comparison of writings, 
 or handwritings, v. Collatio signorum; Comparison of hands. 
 
 Comparentla, I. I. In old English law. Appearance. 
 
 Coraparere, I In old English law. To appear. Comparet: (he) ap- 
 pears. Comperuit: (he) appeared. Comperuit ad diem: he ap- 
 peared at the day ; a plea to the action on a bail-bond. Comperue- 
 runt ad diem: they appeared at the day. Comparebit: (he) shall 
 appear. Comparentibus: appearing. 
 
 Comparison of hands. A mode of proving a handwriting or signature, 
 by comparing it with another, in order to ascertain whether both 
 were written by the same person. 
 
 Compascnnm, I. I. Belonging to commonage, v. Common, 
 
 Compaternitas, h In the canon law. A kind of spiritual relationship 
 contracted by baptism. 
 
 Compear, compeir, I. I. In Scots law. To appear. 
 
 Compearance. In Scots law. Appearance; an appearance for a de- 
 fendant ; an appearance by counsel. 
 
 Compendium, /. An abridgment Compendia sunt dispendia: abridg- 
 ments are losses or wastes [of labor or time]. 
 
 Compensatio, Z. In the civil law. Compensation, or set-oflf; a proceed- 
 ing resembling a set-oflf in the common law. 
 In practice. Compensatio criminis: set-oflf of crime or guilt; a plea 
 of recrimination in a suit for a divorce, v. Recrimination. 
 
 Compensation. Eemuneration, recompense, as for services by an agent, 
 attorney or oflficer; remuneration for disability, expense, loss of 
 time, etc., as in case of personal injury caused by negligejj*^ 
 something to be done or an amount to be paid as an equival^t for 
 
176 COMPENSATION — COMPOSITION. 
 
 something of which one has been deprived ; amends for privation of 
 something, as of property taken by right of eminent domain. 
 In the civil and Scots law. Set-oflf ; an extension of debts by operation 
 of law where they are reciprocally due and equally liquidated and 
 demandable. 
 
 Compensatory damages. Damages equivalent to the actual loss in re- 
 spect to which they ai-e allowed. 
 
 Comperendinatio, I In the Roman law. The adjournment of a cause, 
 in order to hear the parties or their advocates a second time ; a 
 second hearing. 
 
 Compertorium, I. I. In old English law. A judicial inquest by dele- 
 gates or commissioners, to find out and relate the truth of a cause. 
 
 Competency. Legal ability, fitness or qualification; admissibility in 
 evidence; propriety or sufficiency as a legal remedy. 
 
 Competent, v. Competency. 
 In Scots law. Competent and omitted: a plea which might have 
 been urged, by a party but was omitted. 
 
 Competere, I. In the civil and common law. To be proper, as a legal 
 remedy ; to lie, as an action ; to be proper or available, as a plead- 
 ing. Competit assisa: an assise lies. Competnnt hseredi duo 
 remedial' the heir has two remedies. 
 
 Competition. In Scots practice. The contest among creditors claiming 
 on their respective diligences, or their securities. 
 
 Compilation. A collection of parts of a book or books into a separate 
 work. 
 
 Complain. To represent facts constituting a supposed injury or offense, 
 to a court or officer having jurisdiction. 
 
 Complainant. One who complains ; the party suing in equity. 
 
 Complaint. Representation of facts constituting a supposed injury or 
 offense, to a court or officer having jurisdiction ; in some jurisdic- 
 tions the first pleading in a civil action. 
 
 Complementnm justitisB, I. I. Fullness of justice ; full justice. 
 
 Compos, I. Having power, capacity or control. Compos mentis: having 
 capacity of jnind ; of sound mind. Compos sni: having power of 
 one's self ; having the use of one's limbs, or the power of bodily 
 motion, v. Non compos, etc. 
 
 Gomposltio, I. A putting together, or making up ; composition or satis- 
 faction; a statute or ordinance. Compositio mensurarum: the 
 ordinance of measures; an ancient ordinance, mentioned in the 
 statute 23 Hen. VIII., c. 4, establishing a standard of measures. 
 Compositio ulnarum et perticarnm: the statute of ells and perches ; 
 an English statute establisliing a standard of measures. 
 
 Composition. An agreement between a debtor and creditor by which 
 the debtor is to be discharged on payment of a certain sum,— as in 
 proceedings in bankruptcy or insolvency. In the patent law, a com- 
 
COMPOSITION — COMPURGATOR. 1 77 
 
 pounding or putting together ; a mixture ; in the law of copyright, 
 an inventing or putting together of the parts of a literary, dramatic 
 or musical work. 
 In English ecclesiastical law. An agreement, otherwise called a real 
 composition, between a land-owner and the parson, with consent of 
 the ordinary and the patron, that the land shall be discharged from 
 payment of tithes by reason of some real recompense given in lieu 
 thereof. 
 In old European law. A sum of money paid, among the early bar- 
 barous nalious of Europe, as satisfaction for an injury, either to 
 the person offended, or to his relatives. 
 
 Compotarins. In old English law. A person accounting. 
 
 Compotus, I. I. In old English law. An account ; a statement of ac- 
 count ; a book of accounts ; the household book of a religious house, 
 containing the items of its expenditure and income. Compotnm 
 reddere: to render an account 
 
 Compound. To put together ; to add, as, interest ; to abate a portion 
 upon agreement to render the residue, as. a debt or demand, v. Com- 
 position. Componnding a felony: taking a reward for forbearing 
 to prosecute a felony. 
 
 Compound. Composed of elements or parts. Compound interest: in- 
 terest due an4 unpaid added to the principal to make a new pi-in- 
 cipal for future computation. Compound larceny: a theft from 
 the person, from a dwelling-house, or from a wharf. 
 
 Comprint. In old English law. To print together; the surreptitious 
 printing by one bookseller of another's copy. 
 
 Comprlvigni, I In the civil law. Children by a former marriage (in- 
 dividually called privigni or privignce), considered relatively to each 
 other. 
 
 Compromise. A mutual agreement between persons at difference, to 
 put an end to such difference upon terms agreed on ; a mutual 
 agreement to submit matters in dispute to the decision of arbitra- 
 tors ; any adjustment of matters in dispute, by mutual concession 
 without resort to the law. 
 
 Compromissarius, I. In the civil law. Relating to a compromissum or 
 submission to arbitration. 
 
 Compromissnm, I. In the civil and the canon law. A submission to 
 arbitrators. ^ 
 
 Compromittere, I. In the civil law. To submit to arbitration. 
 
 Compter. In Scots law. An accounting party. 
 
 Comptroller, v. Controller. 
 
 Compurgator, I In old European law. One who purged another from 
 an accusation or charge, as in the trial by wager of law, or in the 
 trial of a clerk for felony, by swearing with or after him, to a be- 
 lief in his non-indebtedness, or his innocence. Of these compurga- 
 fores there were in the former case eleven, and in the latter twelve. 
 12 
 
178 COMPUTATION — CONCIONATOE. 
 
 Gompntation. The account and construction of time by rule of law, as 
 distinguished from an arbitrary construction of parties, v. Day; 
 Month; Time; Year. 
 
 Computus, I. I. An account, v. Compotus; De compiito. 
 
 Comune, comyn, I. fr. Common. Gomune laroun, ou comune robour: 
 a common thief or a common robber. 
 
 Comunement, I. fr. Commonly. 
 
 Conceal. To secrete, hide, keep from view ; to contrive to prevent dis- 
 closure or discovery of a thing or a fact ; to suppress or to withhold 
 information of a matter of which good faith requires a disclosure, 
 as, to conceal stolen property or propei-ty subject to seizure or levy, 
 to conceal a cause of action, to conceal a material fact or circum- 
 stance in the making of a contract, as a contract of sale, or a con- 
 tract of insurance, v. Aliud. 
 
 Concealment, v. Conceal 
 
 Concealers. In old English law. Detectors or discoverers of concealed 
 lands ; lands, i. e. which were suspected of being secretly kept or 
 withheld from the crown. 
 
 Goncedere, I. To grant. Concede: I grant. Goncessi: I have granted. 
 Concessit (pi, concesserunt): granted ; agreed ; concurred ; he has 
 granted. Goncessimus: we have granted. Concessum: granted or 
 allowed. 
 
 Concelare, I. I. In old English law. To conceal. Concelata: con- 
 cealed. Concelamentnm: concealment 
 
 Conceptum, I. In the civil law. Found ; a theft where the thing stolen 
 was searched for, and found on some person in the presence of wit- 
 nesses. 
 
 Concessio, I. In old English law. A grant by deed ; one of the old forma 
 of conveyance, properly of things incorporeal, which cannot pass 
 without deed, and one of the common assurances. Concessio versus 
 concedentem latam interpretationem habere debet: a grant ought 
 to have a broad interpretation against the grantor. 
 
 Goncessor, I. In old English law. A grantor. 
 
 Goncessus, I. In old English laio. A grantee. Concessus per literas 
 patentes: a patentee. 
 
 Concilium, consilium, 1. I. In English law. Argument ; or the sitting 
 of a court to hear argument; the counsel in a cause or matter. 
 Concilium non dedit advisamentum: the counsel did not give the 
 advice, v. Dies concilii; Ulterius concilium. 
 In old English law. A council. Concilium continuum: perpetual 
 council; another name for the king's privy council. Concilium 
 mllitare: the king's council in time of war. Concilium regis 
 privatum: the king's privy council. Concilium secretum regis: 
 the king's secret council ; another name for the king's privy council. 
 V. Legale concilium; Magnum concilium regis. 
 
 Concion.ator, I. I. In old records, a common council man. 
 
CONCIPERE — CONCUESUS. 179 
 
 Concipere, I. In old practice, to conceive; to express in words; to 
 draw a legal instrument. 
 
 Conclude. To end, to determine ; to estop, to bar or shut out. 
 
 Couclnsion. An estoppel or bar ; an inference or deduction of law ; an 
 end or close, as of a pleading. Conclnsion to the country: the 
 tender of an issue to be tried by jury ; the conclusion of pleadings by 
 way of traverse or denial. 
 
 Conclusive. Decisive, final. Conclnsiye evidence: evidence which 
 does not admit of explanation or contradiction ; evidence which, of 
 itself, whether contradicted or uncontradicted, explained or unex- 
 plained, determines the matter at issue. Conclusive presumption: 
 a presumption of law which cannot be disputed or rebutted, v. F^e- 
 sumptio juris, etc. 
 
 Concord. In old practice, an agreement upon a trespass committed, 
 by way of amends or satisfaction ; an agreement between the par- 
 ties to a fine, how and in what manner the lands should pass ; the 
 fine itself, v. Accord and satisfaction; Cognizance; Fine; Peace. 
 
 Concordes, I lu old practice, agreed, as a jury upon their verdict; 
 agreed or unanimous, — said of the plaintiff's secta. 
 
 Concordia, L In old English law. An agreement or concord; the 
 agreement of a jury. v. Concord. 
 In the canon law. Concordia discordantium canonum: the har- 
 mony of the discordant canons ; a collection of ecclesiastical consti- 
 tutions made A. D. 1151. 
 
 Concubine. Awoman with whom a man cohabits without marriage. 
 In the civil law. Awoman taken to cohabit in the manner and under 
 the character of a wife, but without legal marriage. 
 
 Concubinage. The cohabitation of a man with awoman to whom he 
 
 is not married ', a plea or exception in the old action of dower, that 
 
 the claimant was not lawfully married to him from whose lands she 
 
 sought to be endowed. 
 
 In the civil law. A sort of half or semi-marriage authorized by law. 
 
 Conculcare, I. In old English law. To trample down or tread under 
 foot Conculcavit et cousumpsit: he trampled and consumed. 
 
 Concur. To meet ; to unite ; to co-exist, to go along together ; to agree, 
 as in opinion ; to claim jointly with or adversely to another. 
 
 Concurator, I. In the civil law. A co-curator or co-guardian. 
 
 Concurrence. In the civil law. Actions where two or more meet in, 
 or may be brought by,one and the same person on the same ground. 
 
 Concurrere, L In the civil law. To run together; to meet; to be 
 equally available for attaining a certain object ; to concur. Con- 
 currens, concurrentes: concurrent. 
 
 Concursus, I. In the civil law. A running together ; a meeting or con- 
 currence; a collision or conflict. Concursus actlonum: concur- 
 rence or concourse of actions, v. Concurrence. Concursus cred- 
 itoruin: the conflict or conflicting rights of creditors, in relation to 
 their liens, privileges and priorities. 
 
180 CONCUSS — CONDITION. 
 
 Concnss. In Soots law. To coerce. 
 
 Coiicnssio, I. In the civil law. Extortion by threats of violence. 
 
 Concntere, Z. In the civil law. To coerce by threats of violence; to 
 extort from the fears of & person. 
 
 Condemn. To adjudge guilty ; to declare forfeited, as for violation of 
 customs or revenue laws ; to adjudge to be good prize or contraband 
 of war ; to adjudge necessary for public use ; to pronounce worth- 
 less or unfit for service, as a vessel. 
 
 Condemnation, v. Condemn. Condemnation money: money which 
 one is adjudged to pay ; the damages which the party cast in an ac- 
 tion is adjudged to pay. 
 
 Condere, I. To make or establish. Condidit: he made ; a plea sustain- 
 ing a will which avers that the testator made it, and that he was of 
 sound mind. 
 
 Condictio, t In the civil law. A personal action ; an action against 
 the person, in which the plaintiff complains that something ought 
 to be given to him. Condictio certi: an action upon a promise to 
 do a thing, where the promise is certain. Condictio ex lege: a per- 
 sonal action, arising from a particular law. Condictio indebiti: an 
 action to recover money paid by mistaka Condictio rei furtivae: 
 an action against a thief or his heir to recover a thing stolen. Con- 
 dictio sine causa: an action in favor of a person who had given or 
 promised a thing without consideration. 
 
 Conditio, I. A condition. Conditio beneflcialis quae statnm con- 
 strait, benigne, secundum Terbornm intentionem est interpre- 
 tanda; odiosa autem, quae statnm destrnit, stricte, secundum 
 yerborum proprietatem est accipienda: a beneficial condition 
 which creates an estate is to be construed favorably, according to 
 the intention of the words ; but an odious condition which destroys 
 an estate is to be taken strictly, according to the precise meaning 
 of the words. Conditio dicitnr, cum quid In casnm iucertum, 
 qui potest tendere ad esse aut non esse, confertur: a condition is 
 said to be where any thing is annexed having reference to an uncer- 
 tain event, which may tend to create or destroy it. Conditio (pra;- 
 cedens) adimpleri debet priusquam sequatur effectus: a condi- 
 tion precedent ought to be fulfilled before the effect can follow. 
 
 Condition. Mode or state of being ; status; a modus, quality or qualifi- 
 cation annexed to a right, an interest, or an estate by which it may 
 be created, enlarged or defeated. Condition aflii'mative: a condi- 
 tion which consists in doing a thing. Condition collateral: a con- 
 dition where the act to be done is a collateral act. Condition 
 compulsory: a condition expressly requiring a thing to be done. 
 Condition copulative: a condition to do divers things. Condition 
 disjunctive: a condition to do one of several things. Condition ex- 
 pressed, or condition in deed: a condition expressed in the instru- 
 ment by which it is created. Condition implied, or condition in 
 
CONDITION — CONDITIONES. 181 
 
 law: a condition not expressed in words, but implied by law. Con- 
 dition in deed, or condition in fact: a condition expressed in a 
 deed in plain words, or legal terms of law. Condition inherent: a 
 condition annexed to the rent reserved out of the land whereof the 
 estate is, or rather to the estate in the land in respect of rent. Con- 
 dition in law: a condition tacitly created by law, without words 
 used by the party. Condition negatire: a condition which consists 
 in not doing a thing. Condition precedent: a condition preceding 
 the accruing of a right or liability ; an act essential to be performed 
 by one party, before an obligation can attach upon another;' a con- 
 dition which must happen, or be performed, before the estate to 
 which it is annexed can Test or be enlarged. Condition restrict- 
 ive: a condition for not doing a thing. Condition single: a condi- 
 tion to do one thing only. Condition subsequent: a condition 
 annexed to an estate already vested, by the performance of which 
 the estate is kept, and by the failure or non-perfomiance of which 
 it is defeated. 
 In the civil law. The situation of a person in one of the several orders 
 of persons which compose the general order of society ; an agree- 
 ment regulating that which the contracting parties have a mind to 
 have done if certain circumstances arise. Condition casual: a con- 
 dition which depends on chance. Condition mixed: a condition 
 which depends on the will of the party and the will of some third 
 person, or on some other event, conjoined. Condition potestative: 
 a condition which depends on the will of the party. Condition 
 resolutory: a condition subsequent Condition suspensive: a con- 
 dition which suspends the obligation until the condition is peiv 
 formed. 
 
 Conditional. Dependent upon condition; as, a conditional contract, 
 deed, liability, obligation, etc. Conditional fee: a fee restrained to 
 some particular heirs exclusive of others. Conditional limitation; 
 a species of limitation of an estate, partaking of the nature of a con- 
 dition ; a limitation under the statute of uses to a third person on 
 the happening of a certain event, thus cutting short the prior estate 
 in the grantea v. Estate upon condition; Limitation of Estate, 
 In the civil law. Conditional creditor: a creditor having a future 
 right of action, or having a right of action in expectancy. Condi- 
 tional stipulation: a stipulation to do a thing upon condition, as 
 upon the happening of any event 
 
 Conditionem testinm tunc inspicere debemus cum signarent, non 
 mortis tempore, I. We ought to consider the competency of the 
 witnesses at the time when they subscribed, not at the [testator's] 
 death. 
 
 Conditiones, I. Conditions. Cbnditiones qusBlibet odiosae; maxlme 
 autem contra matrimonium et commercium: any conditions are 
 odious, but especially those which are against marriage and con>- 
 merce. 
 
182 CONDONARE — CONFESSORIA. 
 
 Condonare, I. In old English law. To forgive ; to remit. 
 
 Condonation. Forgiveness ; the forgiveness, express or implied, by a 
 husband or wife, of a breach of marital duty on the part of the 
 other, — express when signified by words or writing, and implied 
 where the injured party, with knowledge, continues or renews the 
 matrimonial connection. 
 
 Condncere, l. In the civil law. To hira 
 
 Conduct. V. Safe conduct. 
 
 Conduct! actio, I. In the civil law. An action which the hirer of a 
 thing might have against the letter, v. Conductio. 
 
 Conductio, t In the civil law. A hiring, v. Locatio. 
 
 Conduct-money. In English law. Money paid to a witness who has 
 been subpoenaed, for travelling expenses and maintenance. 
 
 Conductor, I. In the civil law. A hirer. Conductor militum: a presser 
 of soldiers. '' 
 
 Conductus, I. Hired. Condnctum: a thing hired. 
 
 Cone and key or Cofer and key. Accounts and keys, or lock and key. 
 An old phrase, in part Saxon or early English, used to express the 
 fitness of a woman at a certain age (by the Saxon law fourteen or 
 fifteen) to assume the care of a household. 
 
 Coneu, conu, l.fr. Acknowledged ; known. 
 
 Conf'eccion, confexion, confectloun, I. fr., Confectio, t I. In old Eng- 
 lish law. The making or execution of a written instrument. Con- 
 feccion d'la chartr': the making of the charter. 
 
 Confederacy. A combination between two or more persons to do any 
 hurt or damage to another, or to do any unlawful thing ; a con- 
 spiracy. 
 
 Confederation. Union by league or mutual contract; federal compact 
 
 Confessio, I. A confession. Confessio in judicio: a confession made 
 in or before a court ; — omni probatione major est: a confession 
 made in court is of greater effect than any proof. Confessus pro 
 judicato est, qui quodammodo sua sententia damnatur: one who 
 confesses is held as adjudged, who is in a manner condemned by 
 his own sentence. Confessus in jndicio pro judicato habetur, et 
 quodammodo sua sententia damnatur: one who makes a confes- 
 sion in court is considered as having judgment passed upon him, 
 and is, in a manner, condemned by his own sentence, v. In ju- 
 dicio; Judicium. 
 
 Confession. Acknowledgment, admission. Confession and avoidance: 
 the admission of the truth of an averment in the pleading of the op- 
 posite party, coupled with an averment of a fact, which obviates or 
 repels its legal effect, and thus avoids it Confession of judgment: 
 a voluntary submission to the jurisdiction of the court giving what 
 might otherwise be obtained by formal proceedings, with process, etc. 
 
 Confesso. v. Pro confesso. 
 
 Confessoria actio, I. In the.civil law. An action for enforcing a serv- 
 itude. V. Actio confessoria. 
 
CONFICERE — CONFLICT. 183 
 
 Conflcere, I. In civil and old English law. To make or execute, as a 
 deed or other written instrument Conllciendus: to be made. Con- 
 fectus: made. 
 
 Confidential commnnication. v. Privileged communication. 
 
 Confirm, v. Confirmare; Confirmation. 
 
 ConUrmare, I. In old English law. To make firm, or strong ; to give 
 additional strengtli or validity. Couflrmare nemo potest prins 
 quam jus ei arciderit: no one can confirm before the right accrues 
 to him. Conflrmat usnm qui tollit abusum: he confirms the use 
 of a thing who removes the abuse of it. 
 
 Conflrmatio, I. In old English law. A confirmation. Conflrmatio 
 chartai'um: confirmation of the claarters ; a statute passed 25 Edw. 
 I. confirming Magna charta and the Carta de Foresta. Conflrmatio 
 crescens: an increasing or enlarging confirmation ; a confirmation 
 which enlarges a rightful estate. Conflrmatio diminuens: a di- 
 minishing confirmation; a confirmation which releases part of the 
 services by which the estate is held. Conflrmatio est prions juris 
 et dominii adepti flrmatio, cum prima firmitate donationis; 
 nihil^enim novi attribnit, sed jus vetus consolidat et conflrmat: 
 a confirmation is a making firm of a former right and ownership 
 already obtained, with the first strength of the gift; for it confers 
 nothing new, but consolidates and confirms the old right. Con- 
 flrmatio est nulla, ubi donum praicedens est invalidum: a con- 
 firmation is null, where the preceding gift is invalid ; that is, it has 
 no effect to strengthen a void estate. Conflrmatio omnes snpplet 
 defectus, licet id quod actum est ab initio non raluit: a confirma- 
 tion supplies all defects, although that which has been done was 
 not originally valid. Conflrmatio omnem supplet defectum: con- 
 firmation supplies all defect. Conflrmatio perficiens: a perfecting 
 confirmation ; a confirmation which serves to confirm and make 
 good a wrongful and defeasible estate, or to make a conditional es- 
 tate absolute. 
 
 Confirmation. A conveyance of an estate or right in esse, by which a 
 voidable estate is made sure and unavoidable, or whereby a partic- 
 ular estate is increased and enlarged. 
 
 Couflrmavi, I. I have confirmed. The emphatic word in ancient deeds 
 of confirmation. 
 
 Couflscare, I. In civil and old English law. To confiscate ; to claim 
 for, or bring into, the fisc or treasury. 
 
 Confiscate. To adjudge to be forfeited to the public treasury ; to con- 
 demn private forfeited property to public use. 
 
 Confiscate. Confiscated ; forfeited to the treasury of the king or state ; 
 seized as forfeited, v. Bona confiseata. 
 
 Confiscation. The act of condemning and adjudging to the public 
 treasury. 
 
 Conflict of laTTS. In international law. The opposition between the 
 municipal laws of different countries or states, as applied in the case 
 
1 84 CONFLICT - CON JUNCTA. 
 
 of a person who has acquired rightp, or become subject to duties, 
 within the limits of more than one state or country. 
 
 Conformity, v. Bill in equity. 
 
 Confrontation. The bringing of a witness into presence of an accused 
 person against whom he testifies, that he may be objected to, and 
 also that he may identify the accused. 
 
 Confnsio, I. In the civil law. Confusion ; a pouring or fusing together ; 
 a mixture of liquids belonging to different persons, v. Commixtio; 
 Confusion. 
 
 Confnsion. The intermixture of the goods of two persons, so that the 
 several portions cannot be distinguished ; the blending of the char- 
 acters of debtor or creditor in the same person ; the union of the 
 obligation of a debtor with the right of the creditbr by which the 
 obligation is dissolved. 
 In the civil law. The blending of characters and the union of obliga- 
 tion and right as in the common law. v. Confusio; Commixtio. 
 
 Conge, connge, congy, I. fr. In old English law. Leave ; liberty or per- 
 mission. Conge d'accorder: leave to accord or agree. One of the 
 formalities anciently observed in levying a fine. v. Fine. Conge 
 d'emparler: leave to imparl, •v. Imparlance. Conge d'eslire: leave 
 to elect ; the royal license to a dean and chapter to elect a new bishop. 
 
 Congeable, fr. In old English law. Done with leave ; done lawfully ; 
 lawfuL 
 
 Congress. An assembly of persons ; an assembly of envoys, commis- 
 sioners or deputies. 
 In American law. The national legislature of the United States, con- 
 sisting of the senate and the house of representatives. 
 
 Conjectio, I. In the civil law. A throwing together ; the putting of 
 things together with the inference drawn therefrom ; presumption. 
 Conjectio causae: the throwing together of a cause; a summary 
 statement of a cause made by the advocates as introductory to the 
 argument 
 
 Conjcctnra, I In the civil law. A throwing or putting together; a 
 putting of one fact with another, so as to show their relation, and 
 indicate the consequence or inference ; a presumption ; a conjecture 
 or surmise ; a slight degree of credence, arising from evidence too 
 weak or too remote to produce beUef. Conjectnra dneta ab eo 
 qnod nt pluriinnm lit: a conjecture or supposition, drawn from 
 what commonly happens. 
 
 Conjecture. Supposition or surmise ; the idea of a fact, suggested by 
 another fact, as a possible cause, concomitant or result 
 
 Conjudex, I I. In old English law. An associate judga 
 
 Conjugal rights, v. Restitution of conjugal rights. 
 
 Coujuginm, L In the Roman law. Marriage. 
 
 Conjunct In Scots law. As applied to rights, joint ; as applied to per- 
 sons, connected. 
 
 Oonjnncta, I In the dvil law. Things joined together or united. 
 
CON JUNCTIM — CONS ANGUINEU& 1 85 
 
 Conjunctim, Z. In old English law. Jointly. Conjunctim et divisiin: 
 jointly and severally. Conjunctim et pro indiviso: jointly and 
 individually. Conjunctim tenens: a joint tenant 
 
 Conjnnctio, I In the civil law. Conjunction ; connection of words in 
 a sentence. 
 
 Conjurare, I. To swear together ; to combine or confederate tinder 
 oath. 
 
 Conjuratio, /. In old English law. A swearing together ; an oath ad- 
 ministered to several together ; a combination or confederacy under 
 oath. 
 
 Conjuration. In old English law. A plot or compact by persons com- 
 bining by oath to do a public harm ; having conference or com- 
 merce with pvil spirits, in order to discover some secret, or effect 
 some purpose. 
 
 Conjnrator, conjuratus, I In old English law. One who swears with 
 others ; a compurgator. 
 
 Connection. A relation by which one person or one society is linked 
 or united to another ; as applied to railways, such a union of tracks 
 as permits the passage of cars, or such an intersection as admits of 
 a convenient transfer of things carried. 
 
 Connivance. Literally, a winking at ; intentional forbearance to see. 
 
 Connubium, I. In the civil law. Marriage ; a mutual submission to 
 the marriage ceremony. 
 
 Conpossessio, I. In modern civil law. A joint possession. 
 
 Conquserere, 1. 1. To acquire. 
 
 Conquaestns, conquestns, 1. 1. In feudal law. Acquisition or purchase ; 
 any means of acquiring an estate out of the course of inheritance; 
 conquest 
 
 Conquerer, I. fr. In old English law. To acquire ; to gain ; to get pos- 
 session of. 
 
 Conquerenr, L fr. In Norman and old English law. The first par- 
 chaser of an estate; he who brought an estate into his family. 
 
 Conqueror, I. In old pleading. I complain. Conqueror quod talis 
 mihi injuste detinet — talem rem: I complain that such a one un- 
 justly detains from me such a thing. 
 
 Conqueror. In old English and Scots law. The first purchaser of an 
 estate; he who brought it into the family owning it 
 
 Conquest. In feudal and Scots law. Purchase or acquisition; any 
 means of acquiring an estate out of the common course of inherit- 
 ance; an estate itself, so purchased or acquired, — otherwise termed 
 acquest. 
 
 Conqnisitio, 2. 2. In feudal and old English law. Acquisition. v.Con- 
 quoestvs; Conquest. 
 
 Conquisitor, I I. In feudal law. A purchaser, acquirer or conqueror. 
 
 Consanguinens, I. In civil and old English law. Connected by blood ; 
 sprung from the same blood ; of kin ; a cousin, in the general sense 
 of blood relativa v. Cousenage. 
 
186 CONSANGUINEUS — CONSERVATOR 
 
 In feudal law. Consang^nincns frater: a half-brother by the father. 
 V. Frater. 
 
 Consanguinity. Relation by blood, as opposed to aflBnity; the con- 
 nection or relation of persons descended from the same stock or 
 common ancestor, v. Collateral consanguinity; Lineal eonsanguirv- 
 ity. 
 
 Conscience, courts of. Courts, not of record, in London, and other 
 English towns, for the recovery of small debts ; otherwise, called 
 Courts of Requests, v. Requests. 
 
 Conscientia rei alieni, I. In Scots law. Knowledge by a person in pos- 
 session of property that the property belongs to another, which ren- 
 ders the possessor liable for what is called violent profits. 
 
 Conseiller, fr. In old English and French law. A counsellor. Con- 
 seillers on countours: counsellors or counters. 
 
 Consensual contract. In the civil law. A contract formed by the mere 
 consent of parties, as distinguished from a contract upon which 
 something is delivered, as a contract of sale or bailment. 
 
 Consensus, I. Consent Consensus est voluntas mnltorum ad quos 
 res pertinet, siinul juncta: consent is the united will of many to 
 whom a thing belongs. Consensus facit jus, or facit legem: con- 
 sent makes the law. Consensus facitmatrimoninm: consent consti- 
 tutes marriage. Consensus non concubitus facit matrinioninm: 
 consent, not lying together, constitutes marriage. Consensus toUit 
 errorem: consent removes error [i. e. the acquiescence of a party 
 who might take advantage of an error, obviates its eflfectj; v. Non 
 videtur, etc. ; Nuptids, etc. 
 
 Consent. A concurrence of wills ; an agreement to something to be 
 done or proposed to be done. v. Assent; Consensus. Consent rule: 
 a stipulation in the form of a rule, by which the defendant in eject- 
 ment upon appearing admits or confesses the necessary fictions, — 
 lease, entry, ouster, etc. 
 
 Consentire, I. To consent ; to agree to, or with. Cousentirc matri- 
 monio non possunt iufra annos nubiles: parties cannot consent to 
 man-iage within the years of marriage [i. e. before the age of con- 
 sent]. Consentire videtur qui tacet: he appears to consent who 
 remains silent Consentientes et agentes pari poena plectentur: 
 they who consent to an act and they who do it shall be visited with 
 equal punishment v. Non consentit, etc. ; Non videntur, etc. 
 
 Consequential damages. Damages following an act, but not the direct 
 and immediate result of it. 
 
 Consequents. In Scots law. Things which follow, usually by implica- 
 tion of law. 
 
 Conservator. A protector, preserver or maintainer ; an arbitrator, or 
 umpire ; in some jurisdictions, a guardian. Conservator of the 
 peace: a preserver or keeper of the public peace. They were for- 
 mei'ly of two kinds, — those that were conservators virtute officii, as 
 judges, sheriffs, constables, etc. ; and those who were conservators 
 
CONSERVATOR — CONSILIARIUS. 187 
 
 simply by right of prescription, or as a condition of the tenure of 
 land, or by choice of the freeholders. The conservators of the latter 
 class came finally to be called justices, v. Justice of the peace. 
 In old English law. Conservator of truces and safe-condncts: an 
 officer anciently appointed in evei'y port in England, whose duty 
 ■was to inquire of all offences done against the king's truce and safe- 
 conducts. 
 
 Considerare, I. I. In old English law. To consider ; to declare, as the 
 result of deliberation ; to adjudge. Considerabitur pro querente: 
 judgment shall be given for the plaintiff, v. Consider at um est. 
 
 Consideratio cnrise, I. The consideration of the court, i. e. the judg- 
 ment of the court. 
 
 Consideration. That which is given for the benefit which is to be de- 
 rived from a contract ; the quid pro quo, or equivalent. It may be 
 a benefit accruing to him who makes the promise, or any loss, 
 trouble or disadvantage undergone by or charge imposed upon him 
 to whom it is made. v. Continuing consideration; Executory con- 
 sideration; Executed consideration; Express consideration; Good 
 consideration; Implied consideration; Moral consideration; Kom 
 inal consideration; Past consideration; Valuable consideration. 
 
 Consideratum est, I. It is considered. The style of judgments in ac- 
 tions at law, the emphatic words in which they were entered on 
 record, implying that the judgment is the act of the law pronounced 
 and declared by the court. Consideratam est per curiam: it is con- 
 sidered by the court The proper words of judgment at common 
 law. Consideratum fail: it was considered. Considerandum est 
 qno animo, quave Tolantate quid flat: it is to be considered with 
 what intent or with what will a thing is done. 
 
 Consideratur, I. I. It is considered. 
 
 Consign. To deliver or transfer as a trust ; to send goods to a factor 
 for sale ; to transmit goods through the agency of a common car- 
 rier for sale, custody, etc. 
 
 Consigfnare, I. In the civil law. To seal ; to seal up, as money in a bag, 
 in order to be deposited. 
 
 Consignation. In Scots laic. The payment of money into the hands of 
 a third person when the creditor refuses to accept of it 
 
 Consigrnee. The person to whom goods are consigned. 
 
 Consignment. The transmission of goods to a consignee ; the goods so 
 transmitted. 
 
 Consignor. The person by whom goods are consigned. 
 
 Consiliarins, I. In old English law. A counsellor or councillor. Coir- 
 siliarius et peritus in lege: counsellor and learned in the law. 
 Consiliarins Tel advocatns: counsellor or advocate. Cousiliarius 
 vel narrator: counsellor or counter. Consiliarii: counsel. 
 In the Roman law. An adviser of a judge or magistrate ; one who 
 sat with him and assisted him with advice in the decision of causes. 
 
188 CONSILIUM - CONSPIRATOES. 
 
 Consilinm, I. Counsel ; advice ; the act of an accessory in advising an- 
 other to commit a crime ; an imparlance. Consilia multornm re- 
 qnirnntnr iu magnis: the counsels of many are required in im- 
 portant matters. 
 
 Consimili casu. In like casa A writ of entry which lay where a ten- 
 ant by the curtesy, or tenant for life, aliened in fee, or in tail, or for 
 another's life. It was brought by the reversioner against him to 
 whom the tenant so aliened, and in the tenant's life-time. 
 
 Consistorium, I. The state council of the Roman emperors; a con- 
 sistory. 
 
 Consistory. A session, assembly or council of ecclesiastical persons; a 
 spiritual court ; the highest council of state in the papal govern- 
 ment 
 In English ecclesiastical law. Consistory court: a court held by 
 every diocesan bishop in his cathedral for the trial of ecclesiastical 
 causes. 
 
 Consobrini, consobrinse, I. In the civil law. Cousins german, in gen- 
 eral ; brothers' and sisters' children, considered in their relation to 
 each other ; more strictly cousins who are the children of sisters. 
 Consobrinus: a male cousin. Consobrina: a female cousin. 
 
 Consolato del mare, ital. The consulate of the sea. A collection of 
 European sea-laws in force about the Mediterranean from the sev- 
 enth century. Now considered the oldest existing maritime code. 
 
 Consolidation. Union ; combination ; amalgamation. Consolidation 
 of actions: the combination of several actions into one ; or of sev- 
 eral causes of action of the same nature in one declaration. Con- 
 solidation rule: a rule for uniting several actions brought by the 
 same parties on the same cause, by which a verdict in one shall bind 
 the parties in all the others. 
 In Scots law. The junction of the property and superiority of an es- 
 tate, where they have been disjoined. 
 In the civil law. The union in the same person of the possession or 
 
 profit of lands, with the property. 
 In ecclesiastical law. The' combination and union of two benefices in 
 one. 
 
 Consortium, I. The company or society of a wife. 
 In old English law. Company ; society. 
 
 In the civil law. ■ A union of fortunes ; one of the names of lawful 
 marriage, among the Romans ; a union of several persons as parties 
 in an action. 
 
 Conspiracy. A combining together of two or more persons to accom- 
 plish some unlawful act, or some lawful act by unlawful means ; an 
 agreement or combination between two or more persons, falsely to 
 indict, or procure the Indictment of, another. 
 Conspiratione. v. De conspiratione. 
 Conspirators. Persons guilty of conspiracy. 
 
• CONSTABLE - CONSTITUTIO. 189 
 
 Constable, A public civil ofBcer whose general duty is to keep the 
 peace within a certain district, but who is by statute charged with 
 certain duties in the service of process, — in this country process issued 
 from justices' courts, keeping juries, etc. Constables are of two 
 kinds, — high constables and petit constables. High constables are in 
 England peace oflScers of hundreds and franchises, and in this coun- 
 try the chiefs of the constabulary force of the cities. Petit consta- 
 bles are peace officers of towns and parishes. 
 In English law. Constable of a castle: an officer having charge of a 
 castle ; a warden, or keeper ; otherwise called a castellain. v. Castel- 
 lain. Constable of England, or Lord High Constable: a high officer 
 of state, established in England on the Norman Conquest, who was at 
 the same time commander-in-chief of the forces of the kingdom, and 
 keeper of the peace of the nation. Constable of Scotland: an offi- 
 cer entitled to command the army in the absence of the king, and 
 to take cognizance of all crimes committed within four miles of the 
 king's person. 
 
 Constablewick. In English law. The territoral jurisdiction of a con- 
 stable. 
 
 Constabnlarins, coustabalns, l.l. A master of the horse ; a commander 
 of horse or foot ; a naval commander ; an officer assigned to guard 
 or keep a place, as a castle or town ; an officer whose military duties 
 were connected with, or exercised in subservience to, the preser- 
 vation of the public peace, — hence, the military character being 
 dropped, the office of the modern constable. Constabularius castri 
 de DoTcr, et cinque portunm: constable of Dover castle and of the 
 Cinque Ports. Other forms of the word are constaulus, eonestabu- 
 larius, conestabulus, conestablius, conostabilus, eontostaulus, etc. 
 
 Constat, Z. It is clear or evident; it appears. Constat de persona: 
 there is certainty as to the person ; there is no doubt about the person. 
 V. Nihil facit, etc. ; Non constat; Quod constat, etc. 
 In English law. A certificate by the clerk of the pipe and auditors of 
 the exchequer, made at the request of any person who intends to 
 plead or move in that court for the discharge of any thing, and pur- 
 porting to certify what appears of record as to the matter ; an ex- 
 emplification under the great seal of the enrolment of letters patent 
 
 Constituent. One who appoints or constitutes; the person who ap- 
 points an attorney in fact 
 
 Constituere, L In old English law. To constitute or appoint ; to put 
 in one's place ; to make an appearance ; to establish or ordain ; to 
 undertake to pay a debt Constitnimus: we have constituted or ap- 
 pointed. 
 
 Constitutio, I In old English law. An act, ordinance or statute ; an 
 establishment; a provision of a statute; establishment; creation, 
 Constitutio dotis: establishment of dower. Constitutio de Merton: 
 the statute of Merton. 
 
190 CONSTITUTIO — CONSTRUCTIVE 
 
 In the civil law. An imperial ordinance or constitution, having ita 
 eflfect from the sole will of the empei'or. 
 
 Constitution. Estahlishment ; appointment; a body of fundamental 
 rules, principles and maxims in accordance with which the powers 
 of sovereignty are habitually exercised; an extraordinary act of 
 legislation by which the people, acting directly, establish the form 
 and mechanism of their government. 
 In English law. A public act or ordinance, especially such as relates 
 to ecclesiastical matters. 
 
 Constitutional. Relating to the forming of a constitution; based upon 
 or secured or regulated by a constitution ; consistent with a consti- 
 tution. 
 
 Constitutum, I. In the civil law. A promise or undertaking, without 
 any preceding stipulation, to pay money due either by the promisor 
 or another for whom he is surety. 
 
 Constraint, v. Duress. 
 
 Constructio, I. Construction. Constructio legis non facit iujni'iam: 
 the construction of the law works [must be such as to workj no in- 
 jury- 
 Construction. A putting together ; a putting together of the words of 
 an instrument ; an arrangement or marshalling of words or clauses, 
 so as to extract, by a process of inference, the meaning or intent; a 
 drawing of conclusions from what is given in and drawn from, as to 
 subjects beyond, the words used, — conclusions, i. e. within the 
 spirit, though not within the letter, of the text ; exposition ; interpre- 
 tation, v. Liberal; Strict. 
 
 Constructive. Made out or deduced by construction. Constrnctive 
 annexation: an annexation by inference of law, as of a fixture to 
 the freehold. Constrnctive assent: assent inferred from conduct. 
 Constructive brealting: a breaking made out by construction of 
 law, as where a burglar gains an entry by threats, fraud or con- 
 spiracy. Constructive contempt: a contempt which, without open 
 insult or direct opposition, tends to induce a general disregard of 
 the authority of a court Constructive conversion: a conversion 
 inferred in law from an exercise of dominion over property incon- 
 sistent with and in defiance of the rights 6f the owner or of the per- 
 son entitled to possession. Constructive delivery: a delivery not 
 actually made, but in the law regarded as niada Constrnctive 
 fraud: fraud inferred by law, as distinguished from positive, actual 
 or intentional fraud ; fraud in law, as distinguished from fraud in 
 fact. V. Fraud. Constructi.ve larceny: larceny made out by con- 
 struction or inferred from the acts of a party, where the taking 
 itself was not apparently felonious, v. larceny. Constructive 
 loss: an injury to insured property so great that the assured may 
 abandon to the insurer. , Constructive malice: malice imputed in 
 law. Constructive notice: notice inferred by law, as distinguished 
 
CONSTRUCTIVE — CONSUETUDO. 191 
 
 from actual or formal notice ; that which is held by law to amount 
 to notice, v. Notice. Constructive possession: possession in con- 
 templation of law. Constructive presence: being so near to, or in 
 such relation with, another, as in law to be considered as in the same 
 place. Constructive service: service which a servant who has 
 been wrongfully discharged is in law deemed to have performed 
 from that time forward to the end of the term of service agreed 
 upon. Constructive trust: a trust raised by construction of law, 
 or arising by operation of law, as distinguished from an express 
 trust ; a trust implied or inferred from circumstances ; otherwise 
 called an implied trust, and sometimes a resulting trust v. Trust. 
 
 Construe. To put together ; to arrange or marshal the words of an in- 
 strument ; to ascertain the meaning of language by a process of ar- 
 rangement and inference. 
 
 Consuetudiiiarius, I. I. In old English law. A ritual or book, contain- 
 ing the rites and form of divine oflBces, or the customs of abbeys and 
 monasteries. 
 
 Consuetudinary law. Customary law ; law derived by oral tradition 
 from a remote antiquity. 
 
 Consuetudines, I. In old English law. Customs. Consuetudines et 
 Assisa Forestae: the customs and Assise of the Forest Consuetu- 
 dines feudorum: the customs or customary laws of fiefs. 
 
 Consnetndinibus et servitiis. v. De eonsuetudinibtts et servitiis. 
 
 Consuetudo, I. A custom or usage; a customary law; a law origi- 
 nating from usage. Consuetudo contra rationein introducta 
 potius nsurpatio quani consuetudo appellari debet: a custom 
 introduced against reason ought rather to be called a usurpation 
 than a custom. Consuetudo curiae: the custom or practice of 
 a court Consuetudo debet esse certa, nam incerta pro nullis 
 liabentur: a custom ought to be certain, for uncertain things are 
 held as nothing. Consuetudo est altera lex: custom is another 
 law. Consuetudo est optimus interpres leguni: custom is the 
 best interpreter of laws. Consuetudo ex carta causa ratiouabili 
 usitata privat conimnnem legem: a custom, grounded on a cer- 
 tain and reasonable cause, supersedes the common law. Consue- 
 tudo, licet sit magnae auctoritatis, nunquam tamen praejudieat 
 manifestae veritati: a custom, though it be of great authority, 
 should never prejudice manifest truth. Consuetudo loci est ob- 
 servanda: the custom of a place is to be observed. Consuetudo 
 mercatorum: the custom of merchants, — the same as lex mercatoria, 
 the law merchant Consuetudo neqne injuria oriri neque toUi 
 potest: a custom can neither arise nor be abolished contrary to law. 
 Consuetudo praescripta et legitima vincit legem: a prescriptive 
 and lawful custom overcomes the law. Consuetudo quandoque 
 pro lege observatur, in partibus ubi fuerit more utontiuni ap- 
 probata, et vicem legis Obtinet: custom is sometimes observed aa 
 
192 CONSUETUDO — CONTEMPORANEA. 
 
 law, in parts where it has been habitually approved, and takes the 
 place of law. Consnetudo semel reprobata non potest amplius 
 indnci: a custom once disallowed cannot be again brought forward. 
 Consuetndo toUit [vincit] [privit] communem legem: custom 
 takes away [overcomes] [supersedes] the common law. Consne- 
 tudo volentes ducit, lex nolentes trahit: custom leads the willing, 
 law compels the unwilling. 
 In old English law. Consuetndo Anglicana: the custom of Eng- 
 land ; the ancient common law, as distinguished from lex, the Ro- 
 man or civil law. Consuetndo regni Anglic est lex Augllse: the 
 custom of the kingdom of England is the law of England. 
 In the civil law. Custom ; long-established usage or practice. 
 In the feudal law.- Custom. Called consuetndo feudi. 
 
 Consul. In international law. A public agent, appointed by a govern- 
 ment to reside in a foreign country, to watch over its commercial 
 rights and privileges, and the commercial interests of its citizens or 
 subjects. 
 In old English law. An ancient title of an earl. 
 In the Roman law. The name of a chief magistrate among the Ro- 
 mans, of whom there were two, annually created, who, during the 
 republic, exercised supreme authority. 
 
 Consulta, I. I. In old English law. Provided for. Applied to a church 
 that was full. 
 
 Consultation. In English law. A writ, in the nature of a procedendo, 
 whereby a cause, being removed by prohibition out of the ecclesias- 
 tical court to one of the superior courts of law, is returned thither 
 to be determined. 
 
 Consulto, I. In the civil law. Designedly ; intentionally. 
 
 Consummate. Completed ; as distinguished from initiate, or that which 
 is merely begun. 
 
 Conte, fr. In old English law. A county ; a county court ; an account ; 
 earl ; a narrative or statement in pleading. 
 
 Contek, I. fr. A contest, dispute, disturbance. Conteckonrs: brawlei-s ; 
 disturbers of the peace. 
 
 Contemplation. A having in view ; the act of looking at or towards a 
 thing with attention ; consideration of an act or course of conduct, 
 with the intention of doing or adopting it. Contemplation of bank- 
 ruptcy: contemplation of an act of bankruptcy, or of an application 
 by the debtor to be decreed a bankrupt 
 
 Contemporanea, 1. 1. Contemporary ; contemporaneous. Contempora- 
 nea consuetudo optlmus interpres: contemporary custom is the 
 best interpreter. Contemporanea expositio: contemporaneous ex- 
 position, or construction ; a construction drawn from the time when, 
 and the circumstances under which, the subject-matter to be con- 
 strued, originated; — est optima et fortissima in lege: contem- 
 poraneous exposition is the best and strongest in the law. 
 
CONTEMPT — CONTINGENT. 193 
 
 Contempt. Disobedience or disregard of authority; a disobedience to 
 the rules, orders or process of a court, or a disturbance or interrup- 
 tion of its proceedings, v. Constructive. 
 
 Contemptas, I In old English law. Contempt ; contempts. 
 
 Contenementum, I. I. In old English law. A contenement ; that which 
 is held together with another thing ; that which is connected with 
 a tenement or thing held ; countenance ; appearance. 
 
 Contentions jurisdiction. In English ecclesiastical law. That branch 
 of the jurisdiction of the ecclesiastical courts which is exercised on 
 mattei-s in controversy, as brought before the court by action, or 
 other judicial process. 
 
 Contentns, 1 2. Contained. 
 
 Conter, I. fr. Against 
 
 Conterminons,?. I. Having common boundaries; adjacent or adjoining. 
 
 ConterroUe, I. fr. In old English law. A counter-roll. v. Counter- 
 roll 
 
 Contest. To defend a suit or othor judicial proceeding ; to resist a claim 
 by course of law ; to litigate, on the part of a defendant v. Contes- 
 tatio litis. 
 
 Contestatio litis, I. In old English law. The process of coming to an, 
 issue in pleading; the issue so attained. Contestatio litis egret, 
 termlnos contradictarios: an issue requires terms of contradiction.. 
 In the civil law. Contestation of suit ; a narrative of the controversy 
 made by both the parties before the praetor, including the plain tiff 's- 
 statement of his claim, and the defendant's answer ; the legal qual- 
 ity which a suit assumed through the plaintiff's statement of his- 
 case, and the defendant's answer thereto. 
 
 Contignons. In actual contact ; touching ; near. 
 
 Continens,2. In the civil law. Continued ; continuous ; holding togetlier ; ; 
 joined together. 
 
 Continentia, i. t In old English law. Continuance or connexion ; ; 
 countenance, v. Contenementum. 
 
 Contingency. An event that may or may not happen. Contingency 
 frith a double aspect: a contingent remainder, limited in substitu-- 
 tion for another contingent remainder in fee-simple, v. Contingent' 
 remainder. 
 
 Contingent. Dependent upon the happening of that which may or may 
 not happen. Contingent estate: an estate which depends for its 
 effects on an event which may or may not happen. Contingent 
 legacy; a legacy given to a person at a future uncertain time that 
 may or may not arriva Contingent remainder: a remainder lim- 
 ited to take effect either to a dubious and uncertain person or upon 
 a dubious and uncertain event, so that the particular estate may, 
 chance to be determined and the remainder never take effect Con- 
 tingent use: a use limited to take effect upon the happening of sonne 
 future contingent event 
 13 
 
194 CONTINGEEE — CONTRABAND. 
 
 Contingere, I In old English law. To touch ; to be connected with, or 
 akin to. 
 
 Continual claim. In old English law. A formal claim by a party en- 
 titled to enter upon lands or tenements, but deterred by menaces or 
 bodily fear,made for the purpose of preserving or keeping alive his 
 right. 
 
 Continuance. The postponement of the proceedings in a cause, as put- 
 ting oflf a trial, etc. ; an entry on the record of a cause for the pur- 
 pose of formally continuing it in court, or for the purpose of pi'op- 
 erly connecting the proceedings on the record. 
 In old law. The adjournment of the proceedings in a cause from 
 one day or one term to another ; the entry of such adjournment on 
 the record. 
 
 Continnando, 1. I. By continuing. A word formerly used in a special 
 declaration of trespass, by which the plaintiff recovered damages for 
 several trespasses in the same action. 
 
 Cotttinnins: consideration. A consideration executed in part only. 
 
 Contra, 2. Against; contrary to. Contra bonos mores: against good 
 morals. Contra forinam: contrary to the form ; — feoffamenti: 
 contrary to the form of the feoffment ; a writ that formerly lay for 
 a tenant, or his heir, enfeoffed by charter to do certain services, and 
 especially suits to the lord's court, who was afterwards distrained 
 for excessive services ; — statuti: against the form of the statute ; a 
 phrase used at the conclusion of indictments for an offense created 
 by statute, and of d.eclarations on penal statutes; — statuti In tali 
 casu editi et provisi: against the form of the statute in such case 
 made and provided ; — statnti in hoc casn nuper editi et provisi: 
 against the form of the statute in such case lately made and provided. 
 Contra jus: against the law ; — belli: against the law of war ; 
 — commune: against common right or law ; contrary to the rule of 
 the common law. Contra legem: against the law ; — facit, qui id 
 facit quod lex prohibet: he acts against the law who does that 
 which the law forbids ; — terrse: against the law of the land. Con- 
 tra negantem principia non est disputandum: there is no dis- 
 puting against one who denies first principles. Contra non Valen- 
 tem agere nulla currit prsescriptio: against on^ who is unable to 
 act, no prescription runs. Contra pacem: against the peace ; ^ dom- 
 ini regis: against the peace of the lord the king. 
 In old English law. Contra omnes gentes: against all people. Con- 
 tra vadium et pleginm: against gage and pledge. Contra veri- 
 tatem lex nunquam aliquid permittit: the law never suffere any 
 thing contrary to truth. 
 In the civil law. Contra tabnlas: against the will, i. e. the testament 
 
 Contraband. Against law or treaty ; prohibited ; goods exported from 
 or imported into a country against its laws. 
 In international law. Contraband of war: goods which neutrals are 
 
CONTRABAND — CONTRAROTULATOR 195 
 
 prohibited from carrying during war to the belligerent parties, or 
 which by the law of nations a belligerent has the right of prevent- 
 ing a neutral from furnishing to an enemy, such as arms and muni- 
 tions of war. 
 
 Contract. A promise from a person or persons to another or others, 
 actual or implied in law, to do or to refrain from doing some lawful 
 thing, such promise being under seal, or reduced to a judicial record, 
 or accompanied by a valid consideration, or executed, and not in a 
 form forbidden or declared inadequate by the law. v. Absolute; 
 Aleatory; Bilateral; Conditional; Consensual; Divisible; Entire; 
 Executed; Executory; Express; Implied; Simple; Special; Unilat- 
 eral. Contract of beneficence: a contract by which one only of the 
 parties is benefited, as a contract of loan, or mandate. Contract ot 
 record: a contract evidenced by matter of record, as a judgment 
 or recognizance. 
 
 Contractus, Z. Contract; a contract; contracts. Contractus est quasi 
 actus contra actnm: a contract is, as it were, act against act Con- 
 tractus ex turpi cansa, vel contra bones mores, nullus est: a 
 contract founded on a base consideration, or against good morals, is 
 null. V. Pacta quce, etc. Contractus legem ex conventione ac- 
 cipiunt: contracts take their law from the agreement of the parties. 
 
 Contradicere, I. In old English lau\ To oppose ; to refuse ; to con- 
 tradict 
 
 Contrafacere, conterfacere, 1. 1. In old English law. To counterfeit 
 or imitate; to devise, v. Oontrofacere. 
 
 Contrafactio, I. I. In old English law. A counterfeiting, v. Contra- 
 facere; Controfactura. 
 
 Contraliere, '. To contract to draw together; to engage or assume a 
 liability to or with another, v. Furiosus nultum, eta ; Qui cum, etc. 
 Contrahitur obligatio: obligation is conti-acted. 
 
 Contraligatio, I. L In old English law. Counter obligation. Liter- 
 ally, counter-binding. 
 
 Contramandare, Z. I In old English law. To command against; to 
 countermand. 
 
 Contramandatio, I. L In old English law. A countermanding. Con- 
 tramandatio placiti: countermanding a plea; the respiting of a 
 defendant or giving him further time to answer, by countermand- 
 ing the day fixed for him to plead, and appointing a new day. 
 
 Contraplacitum, 1. 1 In old English taw. A counter plea. v. Coun- 
 terplea. 
 
 Contrapositio, I. I In old English law. A plea or answer ; a counter- 
 position. 
 
 Contrarotulator, 1. 1 In old English law. A controller. Contraro- 
 tulator custumarum: controller of the customs. Contrarotulator 
 hospitii domini regis: controller of the king's household. Contra- 
 rotulator pipoe: controller of the pipe, v. Controller. 
 
196 CONTRAEOTULUS — CONTROVER. 
 
 Contrarotnlns, 1. 1 In old English law. A counter roll. 
 
 Contratallia, I. I. In old English law. A counter-tally. 
 
 Contravene. To oppose; to conflict. Contravening equity: a right 
 which militates with another is sometimes so called. 
 
 Contravenire, I In old English law. To contravene ; to go against ; 
 to violate. 
 
 Contravention. In Scots law. The act of breaking through any re- 
 straint imposed by deed, covenant or court ; an action founded on 
 the breach of law burrows. 
 
 Contraxisse unnsgnisqne in eo loco intelligitnr, in qao solveret se 
 obligavit, i Every one is understood to have contracted in that 
 place where he has bound himself to pay. 
 
 Centre, center, fr. Against 
 
 Contrectare, I. In old English law. To treat. 
 In the civil law. To handle ; to take hold of ; to meddle with. 
 
 Contrectatio, I. A handling or meddling with ; the improper or unau- 
 thorized use of a thing. Contrectatio rel alienge, animo farandi, 
 est fnrtum: the touching of another's property with intent to steal 
 is thefb 
 
 Contribntio, I Average ; otherwise called tributum and collatio. 
 In the civil law. Contribution. 
 
 Contribution. The making up, by several persons jointly interested or 
 indebted, of a loss sustained, or payment made by one for the benefit 
 of aU ; the providing by several persons in a common interest, or 
 bound by a common obligation, of the means to advance the common 
 enterprise or discharge the obligation ; the share of one such person 
 provided for such purpose ; a suit in equity to compel such a mak- 
 ing up, or the providing of such a share. 
 
 Contribntione facien^a. v. De contributione facienda. 
 
 Contributory. A member of a company being wound up who may be 
 compelled to contribute to the assets for the purpose of paying 
 creditors. 
 
 Contributory, contributive. Helping or promoting the same end or pur- 
 pose. Contributory negligence: negligence of an injured person 
 which combines with that of the injurer to produce the injury. 
 
 Controfacere, 1. 1 In old English law. To counterfeit 
 
 Controfactura, {. Z. In old English law. A counterfeiting. 
 
 Controller. An oflScer who has the inspection, examination or con- 
 trolling of the accounts of other oflBoers ; one who keeps a counter- 
 register of accounts. 
 In old English law. An officer who took notes of any other officer's 
 accounts or receipts, to the intent to discover him if he dealt amiss ; 
 one who kept a roll, called a counter-roll, for this purpose. 
 
 Controlment, In old English law. The controlling or checking of an- 
 other officer's account ; the keeping of a counter-roll. 
 
 Controrer, In old English law. An inventor of false news. 
 
CONTROVEE — CONVENTIONAL. 1 9 7 
 
 Controver, L fr. To contriva Controvee: contrived. 
 
 Controversy. A dispute ; a civil action or proceeding. 
 
 Controvert To dispute ; to deny ; to take issue on. 
 
 Contubernium, 2. In the Roman law. The marriage of slaves ; a per- 
 mitted cohabitation. 
 
 Contnmace capiendo, v. De eontumace capiendo. 
 
 Contnmacy. Disobedience to the rules or orders of a court, especially a 
 refusal to appear in court when legally summoned ; open or per- 
 sistent contempt 
 
 Contutor, I. In the civil law. A co-tutor, or co-guardian. 
 
 Conns, i/r. Known. Conusant: knowing: understanding. 
 
 Connsance. In English law. Cognizance or jurisdietion. Conusance 
 of pleas. V. Cognizance. 
 
 Conusor. A person who enters into a recognizance for debt Connsee: 
 the person to whom such a recognizance is given. 
 
 Convalescere, I. In the civil and old English law. To gain strength, force 
 or validity ; to become valid. Convalescit donatio facta a furioso: 
 a gift made by a lunatic becomes valid, etc. v. Quod ab initio, etc. 
 
 Convenable, corenable. In old English law. Suitable ; agreeable ; fit- 
 ting. 
 
 Convenient. Proper: just; suitable. 
 
 Convenire, I. In old English law. To covenant Convenit, promisit 
 et agreavit: he covenanted, promised and agreed. 
 In the civil and old English law. To sue ; to prosecute ; to agrea 
 Conveniri: to be sued. CouTcniendi sunt: they are to be pro- 
 ceeded against 
 
 Convenit, I. In the civil and old English law. It is agreed; it was 
 agreed. Convenit, promisit, et agreavit ad et cnm, etc. : he cove- 
 nanted, promised and agi-eed to and with, eta 
 
 Conventicle. A private assembly for religious worship. First applied, 
 as a term of reproach, to the religious assemblies of Wickliffe, but 
 now usually applied, in England, to a meeting of dissenters. 
 
 Conventio, convencio, I. In old English law. A covenant ; an agree- 
 ment Conventio dnplicata: an agreement executed in duplicate, 
 or in two parts. Conventio leg! derogat: agreement derogates 
 from law. Conventio. privatornm non potest publico juri dero- 
 gare: the agreement of private persons cannot derogate from public 
 right Conveutio vinclt legem: the express agreement of parties 
 overcomes the law. v. Modus et, etc. ; Privatorum, eta 
 In the civil law. A coming together of parties ; a convention ; an 
 agreement 
 
 Convention. In English law. An assembled parliament, before any 
 act is passed, or bill signed ; more properly, an extraordinary assem- 
 bly of both houses, without convocation by the sovereign. 
 
 Conventional. That which is produced by, or depends upon, agree- 
 ment of parties. Conventional estates: estates for life, which are 
 expressly created by the act of the parties. 
 
198 CONVENTUS — CONVICT. 
 
 Conrentns, I In old. English law. An assembly ; a convent Con- 
 Tentus magnatum rel procenim: an assembly of the great men or 
 nobles, — one of the old names of parliament. 
 In the Roman law. Conventus juridicus: a court of sessions held 
 in the provinces to hear and determine suits, and to provide for the 
 civil administration of the provinca 
 
 Conversantes, 2. 2. In old English law. Conversant or dwelling; com- 
 morant 
 
 Conyersion. A changing from one state or condition into another; a 
 changing of partnership debts by consent of creditors from the joint 
 debts of all the partners to the separate debts of the several partners ; 
 a changing in contemplation of equity of realty into money or 
 money into realty ; an unauthorized exercise by one person of do- 
 minion over the property of another inconsistent with and in de- 
 fiance of the rights of the owner or of tlje person having a right to 
 possession, v. Equitable conversion. 
 
 Convey. To pass from one to another ; to transfer property, or the title 
 to property, by an instrument in writing ; strictly to transfer by 
 deed or instrument under seal ; to carry or cdiiduct, as water in 
 pipes. V. Conveyance. 
 
 Conveyance. A transfer of the title of property, usually realty, from 
 one person to another ; an instrument in writing by which such 
 transfer is made ; more strictly an instrument in writing under seal, 
 by which some estate or interest in lands is transferred from one 
 person to another, such as a deed, mortgage, etc. In general the 
 word is restricted, in its application, to transfers inter vivos, though, 
 in a large sense, it includes wills also. A conveyance is primary or 
 original where it creates an estate or interest, as in a grant, gift or 
 lease ; it is derivative or secondary, where it presupposes or depends 
 on another, as in case of a confirmation, or a release ; and it is inno- 
 cent or tortious according as it assumes to convey only what the 
 person who makes it has to convey. 
 
 Conveyancer. A person who makes it his business to draw instru- 
 ments of conveyance. 
 
 Conyeyancing. The business of drawing instruments of conveyance ; 
 the science and art of transferring titles by instruments of convey- 
 ance, — a science, as it embraces an acquaintance with the law of 
 property, and particularly of the principles of alienation ; an art, as 
 it applies those principles to practice, in the framing of appropriate 
 instruments of conveyance. 
 
 Conveyer, conveier, I. fr. In old English law. To derive title ; to de- 
 rive by descent ; to show in pleading. 
 
 Convicium, I. In the civil law. An injury done by words. A species 
 of injury which consisted in charging a person with some act against 
 good morals. 
 
 Convict. To condemn; to find guilty of an offense, usually by the ver- 
 dict of a jury ; to find against a defendant in a civil case. 
 
CONVICT — COPI A. 199 
 
 Convict. A person who is found guilty of an offense by the verdict of 
 a jury, or other legal decision. 
 In English law. Convict recusant: a person legally prosecuted, in- 
 dicted and convicted for refusing to come to church to hear the 
 common prayer, according to several statutes of Elizabeth and 
 James. 
 
 Conviction. The finding of a person guilty of an offense vpith which he 
 has been charged, either by decision of any competent tribunal, or 
 on his own confession ; a record of thd proceedings by which an 
 offender has been convicted and sentenced ; a finding against a de- 
 fendant in a civil case. 
 
 Couvincere, L I. In old English law. To convict; to condemn in a 
 civil action ; to find guilty. Convictus de perjurio: convicted of 
 perjury. 
 
 Convocation. In English law. An assembly of all the clergy, for the 
 purpose of consulting on ecclesiastical matters. 
 
 Convoy. In international law. A naval force under the command of 
 an oflScer appointed by government, or under its authority, for the 
 protection of its merchant vessels on a voyage or a part of a voyage. 
 
 Co-obligor. A joint obligor ; one who is jointly bound with another in 
 a bond or obligation. 
 
 Cooling-time. Time for passion to subside and for reason to interpose 
 after provocation. 
 
 Co-opertio, co-opertorinm, I. I. In old English law. A covering or ex- 
 terior coat, as the bark of a tree. 
 
 Co-opertus, co-operta, 1 1. In old English law. Covered ; covert, v. Cov- 
 ert. 
 
 Coparcenary. A species of estate or tenancy in which there is unity of 
 title, possession and interest. It arises where lands of inheritance 
 descend to two or more persons so that they form one heir. In the 
 United States the estate is not distinguishable from tenancy in com- 
 mon. , 
 
 Coparceners. Persons holding an estate in coparcenary. 
 
 Coparticeps, I. I. In old English law. A coparcener. 
 
 Copartner, copartnership, v. Partner; Partnership. 
 
 Copartnery. In Scots laic. The contract of copartnership. 
 
 Cope, COppe, saa:. A hill ; the top or summit of a thing, as of a house ; 
 a tribute paid out of lead mines in England. 
 
 Copia, I. In civil and old English law. Opportunity or means of access. 
 Copiam facere: to grant opportunity of access. Copiani habere: to 
 have access, or the means of inspection. Copiam prajstare: to grant 
 opportunity. Copiam scrip tura! facere: to grant an opportunity 
 of knowing the contents of a writing, as by showing it 
 
 Copia, 1. 1. In old English law. A copy. Copia libelli: the copy of a 
 libel. V. Copy. 
 In Scots law. Copia vera: a true copy. Words written at the top 
 of copies of instruments. 
 
200 COPIE-COEAM. 
 
 Copie, /n In old English law. Copy; a oopy; a multitude; a great 
 number. 
 
 Coppire, I. I. In old records, to cover. Coppire domum: to cope a 
 house, or to lay on the roof and covering on the top of it 
 
 Copnlatio verbornm indicat acceptationein in eodein sensn, I. Coup- 
 ling of words together shows that they are to be understood in the 
 same sense. 
 
 Copy. A transcript of an original writing, as a charter, patent, deed, 
 writ, pleading, aflBdavit, etc. Copies are of two principal kinds: 
 copies under seal, which are called exemplifications, and copies not 
 under seal. Copies not under seal are also, in England, of two 
 kinds : sworn copies and office copies. A sworn or examined copy 
 is a copy sworn to have been examined with the original record or 
 paper ; an office copy is a copy made out by the officer in whose 
 hands the original is, without being examined. A certified copy, in 
 the United States, is an examined copy certified by the officer hav- 
 ing the custody of the original. 
 
 Copyhold, copihold. In English law. A tenure or holding of manor 
 lands by copy of court-roll, originally a holding at the will of the 
 lord, according to the custom of the manor, — a tenure of pure vil- 
 leinage ; but it has gradually been divested of its slavish incidents, 
 so that it cannot now be determined without cause or against cus- 
 tom. 
 
 Copyholder, copiholder. In English law. A tenant by copyhold. 
 
 Copyright. The exclusive right of printing, publishing and selling a 
 w^ritten composition during a certain period of time. The right ex- 
 tends to maps, charts, prints and musical compositions. 
 
 Coraagiuin, I. I. In old English law. A species of common tribute or 
 prestation, arising on certain necessary and unusual occasions, and 
 in that respect distinguished from ^ordinary services and customs. 
 It is supposed to have been a contribution of corn. 
 
 Coram, I. Before; in presence of. Applied to persons only. Coram 
 nobis: before us ; the name of a writ of error where proceedings of a 
 court are to be reviewed by itself. Coram non judice: before one- 
 who is not a judge, or who has not jurisdiction. Sometimes applied 
 to proceedings even in a court having jurisdiction, where they be- 
 come void by irregularity. Coram paribus: before the peers or 
 freeholders ; — de vicineto: before the peers or freeholders of the 
 neighborhood. Coram sectatoribus: before the suitors. Coram 
 Tobis: before you ; the name of a writ of error to review proceedings 
 of another court 
 In English law. Coram domino rege ubicuuque tunc faerit Angliee: 
 before our lord the king, wl^erever he shall then be in England. 
 Coram ipso rege: before the king himself, — i. e. before the court of 
 King's Bench, which was originally held before the king in person. 
 Coram nobis: before us; the name given to writs of error on 
 judgments of the court of King's Bench. Coram Tobis: before you ; 
 
CORAM — CORPORALIS. 201 
 
 the name given to writs of error on judgments of other courts than 
 the King's Bench, especially the court of Common Pleas. 
 
 Co-respondent. The person charged with adultery with the husband or 
 wife in a proceeding for divorce on that ground. 
 
 Corn. In English law. Grain ; including wheat, rye, oats and barley, 
 and, in the common memoi'andum in policies of insurance, malt, 
 peas and beans, but not rice. Corn rents: rents reserved in corn, 
 that is, in wheat or malt 
 
 Cornage. In old English law. Service of the horn ; a kind of tenure 
 in grand serjeanty, the service of which was to blow a horn, to 
 alarm the country when an invasion by the northern enemy was 
 perceived. ' 
 
 Cornare, I. I In old English law. To wind or blow a horn. 
 
 Corner. An angle made by two boundary Unes ; a manipulation of the 
 market to make an article of commerce scarce or plenty at the will 
 of the manipulators. 
 
 Corneriim, 1. I. In old English law. A corner or angle. 
 
 Corodinm, corrodium, corredluni, I. l, Corody, corrody. In old Eng- 
 lish law. A right of sustenance ; the right of the founder of a re- 
 ligious house to an allowance of victuals, clothing, etc., for the sup- 
 port of such person as he should appoint ; the allowance itself. 
 
 Corodio habendo. v. De corodio habendo. 
 
 Corona, I The crown. Flacita coronse: pleas of the crown ; criminal 
 actions or proceedinga v. Pleas of the arown. 
 
 Coronator, I. I. A coroner. 
 
 Coronatore eligendo. v. De coronatore, eta Coronatore exonerando. 
 V. De coronatore, etc. 
 
 Coroner. A county magistrate of great antiquity at the common law, 
 whose peculiar office is to inquire into the causes of violent or sud- 
 den deaths, by a jury of proper persons, upon view of the dead body. 
 Another branch of his office is to inquire concerning shipwrecks, 
 and certify whether wreck or not, and who is in possession of the 
 goods ; and also to inquire concerning treasure trove, who were the 
 finders and where it is, and whether any one is suspected of having 
 found and concealed a treasure. These duties are judicial. The 
 coroner is also charged with certain ministerial duties. He thus acts 
 as the sheriff's substitute in the service of process. He is also by 
 virtue of his office a conservator of the peace. 
 
 Corporal. Bodily ; personal. Corporal oath: an oath taken by laying 
 hand on, or, it would seem, by otherwise touching, the gospels, i. e. 
 by actual contact of the person. 
 
 Corporate sacramentum, I I. In old English law. A corporal oath. 
 
 Corporalis, corporale, I. In old English laiv. Having a body or 
 material substance ; corporeal ; relating to or affecting the body ; 
 bodily ; personal. Corporalis injuria non recipit sestiinationem 
 de futaro: a personal injury cannot receive satisfaction from a 
 future course of proceeding. 
 
202 CORPORATE — CORREL 
 
 Corporate. Belonging to a corporation, as a corporate name ; incorpo- 
 rated, as a corporate body. 
 
 Corporation. An artificial person or being, endowed by law with the 
 capacity of perpetual succession, v. Body corporate; Body politic; 
 Civil corporation; Ecclesiastical corporation; Eleemosynary corpo- 
 ration; Municipal corporation; Private corporation; Public cor- 
 poration. Corporation aggregate: a corporation consisting of 
 several persons united into one body. Corporation sole: a corpo- 
 ration consisting of one person only, and his successors in some par- 
 ticular station. 
 
 Corporator. A member of a corporation. 
 
 Corpore et animo, I In the civil law. By the body, and by the mind ; ' 
 by the physical act, and by the mental intent i 
 
 Corporeal. That which can be touched and seen ; material. Corporeal 
 hereditaments: such hereditaments as are of a material and tan- 
 gible nature, and may be perceived by the senses, consisting wholly 
 of substantial and permanent objects, all which may be compre- 
 hended under the general denomination of land only. 
 
 Corpus, I. A body ; a human body ; an artificial body created by law, 
 as a corporation ; a body or collection of laws ; a material substance ; 
 something visible and tangible, as the subject of a right ; a substantial 
 or positive fact, as distinguished from what is equivocal and am- 
 biguous ; a corporeal act of any kind, on the part of one who wishes 
 to acquire a thing whereby he obtains the physical ability to exercise 
 his power over it Corpus corporatum: a corporation ; a corporate 
 body, other than municipal. Corpus delicti: the body, substance 
 or foundation of an offense; the fact of its having been committed ; 
 the body or substance of a crime as distinguished from the particu- 
 lar form given to it by its connection with the party accused ; the 
 subject of a crime, or its visible effect, such as a body slain, a house 
 burned. Corpus humannm uon recipit %stimatiouem: the human 
 body does not admit of valuation. Corpus juris: a body of law ; a 
 term introduced in the middle ages, to signify a book comprehend- 
 ing several collections of law ; — canonici: the body of the canon 
 law ; — civilis: the body of the civil law, as composed of the Insti- 
 tutes, Pandects, Code and Novels. Corpus pro corpore: body for 
 body. A phrase expressing the liability of manucaptors. 
 In old English laiv. Corpus cum causa: the body with the cause ; a 
 writ which issued out of chancery, to remove both the body and the 
 record, touching the cause of a man lying in execution on a judg- 
 ment for debt, into the King's Bench, there to remain until he satis- 
 fied the judgment. Corpus comitatus: the body of a county ; the 
 county at large, as distinguished from any particular locality within 
 it V. De corpore comitatus. 
 
 Correl, Z. In the civil and Scots law. Two or more bound or secured 
 by the same obligation. Correi credendi: joint creditors ; creditors 
 
COREEI — COSTS. 203 
 
 in solido. Correi debendi: debtors in solido; two or more persons 
 bound as principal debtors to another. 
 
 Corrodiuin, I I. In old English law. A corody. 
 
 Corrumpere, I. In the civil law. To corrupt ; to spoil ; to make worse. 
 Applied to the offense of taaipering with another's slave. 
 
 Corrupts agreatum fuit, I. It was corruptly agreed. 
 
 Corruptlo, I In old English law. Corruption ; violation or defilement 
 of the person. 
 
 Corruption of blood. In English law. The extinguishment of the in- 
 heritable quality of a person's blood by attainder. 
 
 Cors, corse, I. fr. Body. Cors pur cors; body for body. 
 
 Corsepresent. In English law. A mortuary gift, due to the min- 
 ister of a parish on the death of a parishioner, — anciently so called 
 because brought to church with the corpse, when it came to be 
 buried. 
 
 Corsned. Iii Saxon law. The morsel of execration ; a species of ordeal 
 performed by eating a piece of barley bread with certain rites, upon 
 which the accused was deemed guilty or not according as the bread 
 stuck in his throat or not 
 
 Cortex, I. In old English law. Bark ; the bark of trees ; the outer 
 covering of a thing, as distinguished from the inner substance, — 
 hence the letter of an instrument, as distinguished from its spirit. 
 V. Qui hceret, etc. 
 
 Cortularium, /. L In old records, a yard or court adjoining to a coun- 
 try farm ; a curtUaga 
 
 Corree, fi\ In old French and Canadian law. An obligation, on the 
 part of a tenant, to perform involuntary labor at the requirement of 
 the lord. 
 
 Cosen, cozen. In old English law. To cheat 
 
 Cosening. In old English law. An offense where any thing was done 
 deceitfully, whether belonging to contracts or not, which could not 
 be properly termed by any special name. 
 
 Coshering. In old English law. A feudal prerogative or custom for 
 lords to lie and feast themselves at their tenants' bouses. 
 
 Cosin, cosyn, cosen, I. fr. In old English law. A collateral relative by 
 blood, as a brother, sister, uncle, etc. ; any relative in the ascending 
 line, above a great-grandfather, v. Cosinage. 
 
 Cosinage, cosenage. I fr. In old English law. Collateral relationship 
 or kindred by blood ; consanguinity ; a writ that lay where a man's 
 great-great-grandfather, or collateral relative, beyond certain de- 
 grees, was seised of lands, etc., in fee on the day of his death, and 
 afterwards a stranger entered and abated, and so kept out the heir. 
 
 Costages, custages, I, fr. In old English law. Costs. 
 
 Costs. The expenses incurred in the prosecution or defense of an ac- 
 tion, or in any proceeding at law, or in equity, consisting of the fees 
 of attorneys, solicitors and other oflBcers of court, and such disburse- 
 
204 COSTS — COUNTE. 
 
 inents as are alloxved bylaw. Costs between attorney and client: 
 
 costs payable in every case to the attorney or solicitor, by his client, 
 whether he ultimately succeeds or not Costs between party and 
 party: costs which the defeated party pays to the successful one. 
 V. Final cosfs; Interlocutory costs. Costs de Incremento: costs of 
 increase, — costs adjudged in addition to costs found by the jury. 
 V. De incremento; Increase. Costs of the day: costs which are in- 
 curred in preparing for the trial of a cause on a specified day. 
 
 Cotagium, cottagium, cota, chota^ cotellus, I. I In old English law. 
 A cottage ; a small house or cot with at least four acres of land. 
 V. Cottage. 
 
 Cotarius, coterellus, cotmannus, I. I. In old English law. A cottager, 
 or cotter. 
 
 Cotland, cotsethland. In old English law. Land held by a cottager, 
 whether in socage or villeinage. 
 
 Cotsetus, cotsethus, I. I. In old English law. A cottager who, by 
 servile tenure, was bound to work for the lord. 
 
 Cotsethland. In old English law. The seat of a cottage, including the 
 land belonging to it 
 
 Cottage. A little dwelling-house, without land, — or more properly with 
 a small portion of land. v. Cotagium. 
 
 Couchant, chochaunt, Z. /n In old English law. Lying down. Coachant 
 et levant: lying down and rising up. 
 
 Counsel. An advocate ; a counsellor ; a counsellor who acts as advisor 
 in a particular matter, or assists in the management of a particular 
 cause. 
 
 Counsellor. A person whose occupation and office are to give counsel 
 or advice as to the management of suits and other legal business, to 
 conduct the trial or argument of causes in court and to do any other 
 acts requiring a personal presence there. He is an officer of the 
 court in which he is licensed to practice. The term imports in some 
 jurisdictions a longer practice at the bar than the term attorney. 
 
 Count, counte, countee, eonte, I. fr. or ang.-norm. In old English law. 
 An officer anciently the chief or governor of a shire, which was 
 hence called a county; an earl. v. Comes; Comte; County; Earl; 
 Viscount. 
 
 Connt. To state or relate a plaintiff's case, especially the demandant's 
 claim or count in a real action ; to declare ; to plead orally ; to argue 
 a matter in court; to read or recite there. 
 
 Count, I. fr. and eng. A statement of a plaintiff's case in court, being 
 the first in the series of the pleadings in an action ; a declaration, 
 particularly in a real action ; a distinct statement in a declaration of 
 a cause of action, — either a statement of a different cause or of the 
 same cause in a different form ; a particular charge in an indictment 
 
 Counte, I. fr. In' old English law. A count or earl ; a county ; a county 
 court 
 
COUNTENANCE — COUNTY, 205 
 
 Countenance. In old English law. Credit or estimation, v. Contene- 
 mentunu 
 
 Counter, /. fr. In old English law. To count; to plead. Countcra: 
 shall count 
 
 Counter. Pleader : the name of two London prisons now demolished, — 
 the Poultry counter, and the Wood-street counter. 
 
 Counter. In opposition to ; contrary. Counter afildavlt: an affidavit 
 in opposition or contradictory to another affidavit Counter bond: 
 a bond of indemnity. 
 In the civil law. Counter letter: an instrument in writing, executed 
 by the lender of money to whom property has been conveyed by an 
 absolute deed as security, by which he agrees, on payment of a cer- 
 tain sum, to reconvey. 
 
 Counterfeit. That which is made in imitation of something, but with- 
 out lawful authority or contrary to law, and with a view to defraud, 
 by passing the false for the true. 
 
 Countermand. A new or opposite direction ; an order made contrary 
 to a former one, for the purpose of avoiding or suspending it 
 
 Counterpart. The corresponding part of an instrument ; a duplicate or 
 copy. Where an instrument of conveyance is executed in parts, 
 that is, by having several copies made and interchangeably executed, 
 that which is executed by the grantor is usually called the original 
 and the rest counterparts ; but where all parties execute every part, 
 all are originals. 
 
 Counterplea. A plea which answers some matter incidental to the main 
 purpose of the suit as a plea in answer to a demand of oyer. 
 
 Counter-roll. In old English law. A roll kept by an officer as a check 
 upon another officer's roll. 
 
 Counter, counter, countour, I fr. and eng. In old European law. An 
 advocate or professional pleader ; one who counted for his client, 
 that is, related his case, recited his count or orally pleaded his cause. 
 
 Conntre, I. fr. Against ; in opposition to. 
 
 Country. The inhabitants of a district from which a jury is summoned 
 in a cause ; a jury summoned or to be summoned. 
 
 County. A civil division of a state or kingdom, for political and judi- 
 cial purposes, formerly governed in England by the earl or count 
 from whom it derived its name, — the same with shire, which was 
 the corresponding term in Saxon ; the count}- court, sometimes an- 
 ciently so called. County court: a court of great antiquity in Eng- 
 land of which the freeholders were the real judges, and the sheriff, 
 to whose jurisdiction the court was incident was the ministerial offi- 
 cer, — a court not of record and now fallen mto comparative disuse ; 
 in the United States, courts of record of inferior jurisdiction, and 
 held by judges expressly appointed or elected for the purpose. 
 In English law. County corporate: a city or town, with territory an- 
 nexed, having the privilege to be a county of itself, and not to be 
 
206 COUNTY — COURT. 
 
 comprised in any other county, such as London, York, and other 
 cities. County palatine: a'county distinguished by peculiar privi- 
 leges ; and so called from palatium, a. palace, because its owner, 
 whether duke or earl, had in such county royal prerogatives, as fully 
 as the king had in his palace. There were originally three, Chester, 
 Durham and Lancaster, but they are now in the hands of the crown. 
 County sessions: the general quarter sessions of the peace for each 
 county, which are held four times a year. 
 
 Coupable, fr. Guilty. 
 
 Couper, /. /}•. To cut Coupes: cut Coupanius: we out Coupastes: 
 you cut 
 
 Coure, courree, I. fr. To run. Courge: runs. Conrge la distresse: 
 the distress runs or goes. 
 
 Course. The direction of a boundary line ; the usual mode or way ; cus- 
 tom ; usage ; procedure ; routine. Course of an action: progressive 
 action in a proceeding not determined. Course of trade or l)usi- 
 ness: the way commonly pursued in a particular calling. 
 
 Court. A tribunal established for the public administration of justice, 
 and composed of one or more judges, who sit for that purpose at 
 fixed times and places, attended by proper officers ; the persons of 
 the judges so sitting ; the place where they so sit ; a legislative as- 
 sembly. Court above, or ad queni: a court to which a cause is 
 taken from an inferior court Court below, or a quo: a court from 
 which a cause is removed to a higher court Court martial: a 
 court held in the military and naval service, for the trial and pun- 
 ishment of offenses against the regulations of the service. Court 
 of appellate jurisdiction: a court which reviews causes removed 
 by appeal or error from another court Court of equity, or of 
 chancery: a court which administers justice according to the prin- 
 ciples of equity. Court of general jurisdiction: a court which 
 takes cognizance of all causes, civil or criminal, of a particular nat- 
 ura Court of law, or common law: a court which administers 
 justice according to the principles and the forms of the common 
 law. Court of limited jurisdiction: a court which takes cogni- 
 zance of special matters only. Court of original jurisdiction: a 
 court which exercises jurisdiction over a matter in the first instance. 
 Court of record: a covu-t whose proceedings are enrolled ; a court 
 whose attributes and functions exist independently of the person of 
 the magistrate, and which proceeds according to the course of the 
 common law. v. Conscience; Ecclesiastical courts. For particular 
 courts, see infra and names passim. 
 In English law. Court baron: an inferior court of civil jurisdiction, 
 attached to a manor, held by the steward within the manor. Its 
 most important business formerly was to determine, by writ of 
 right all controversies relating to the right of lands within the 
 manor. It has now fallen into disusa Court for divorce and 
 
COURT — COURT HAND. 207 
 
 matrimonial causes: a court established by statute 30 & 31 Vict, 
 c. 85, to wliich has been transferred the jurisdiction of the ecclesias- 
 tical courts in respect of divorces, and in all causes and matters 
 matrimonial. Now a part of the Supreme Court of Judicature. 
 Court leet: a court of record held once or twice in every year within 
 a particular hundred, lordship or manor, before the steward of the 
 leet, for the preservation of the peace, and the punishment of all 
 trivial misdemeanors, v. Frank pledge; Leet. Court of chivalry: 
 a court formerly held before the lord high constable and earl mar- 
 shal of England jointly, and afterwards before the latter only, hav- 
 ing cognizance of contracts ^d other matters touching deeds of 
 arms and war. Court Christian: an ecclesiastical court, as distin- 
 guished from a civil court, v. Ecclesiastical courts. Court of dele- 
 gates: the great court of appeal in all ecclesiastical causes, consist- 
 ing of delegates appointed by the king's commission, under his great 
 seal, and issuing out of chancery, to represent his royal person, and 
 hear all appeals to him made by virtue of the statute 35 Henry "VIII., 
 c. 19. Succeeded by the judicial committee of the privy council. 
 Court of tlie Duchy of Lancaster: a court of special jurisdiction, 
 held before the chancellor of the duchy or his deputy, concerning 
 all matters of equity relating to lands held of the king in right of 
 the duchy of Lancaster. Court of peculiars: a branch of the Court 
 of Arches, having jurisdiction over all those parishes dispersed 
 through the province of Canterbury, in the midst of other dioceses, 
 which are exempt from the ordinary's jurisdiction, and subject to 
 the metropolitan only. Court of piedpoudre, piepowders or py- 
 powders: a court of record incident to every fair and market, of 
 wliich the steward of the owner of the toll of the n'arket was the 
 judge. It had cognizance of all cases of contract arising at the par- 
 ticular fair or market, and proceeded in a very summary manner. 
 It was so called from the dusty feet of the suitors, or from the 
 French pied puZdreawa;, a pedlar. It has fallen into disuse. Court 
 of policies of assurance: a court established by statute 43 Eliz., c. 13, 
 to determine in a summary way all causes between merchants con- 
 cerning policies of insurance. It has been abolished. Court of re- 
 gards: one of the forest courts, held every third year for the lawing 
 or expeditation of dogs. v. Expeditation. Court of requests: a 
 court, not of record, erected by act of parliament in certain towns, 
 for the recovery of small debts. Court of the steward and mar- 
 shal: a high court, formerly held by the steward and marshal of the 
 king's household, having jurisdiction of all actions against the king's 
 peace within the bounds of the household for twelve miles, which 
 circuit was called the verge. For other courts, see names passim. 
 Court hand. In English law. The hand in which the records of 
 courts were written from the earliest period down to the reign of 
 George II. Its characteristics were strength, compactness, and uni- 
 
208 COURT HAND -COVENANT. 
 
 formity ; and its use gave to the ancient record its acknowledged 
 superiority over the modern, in the important quality of durability. 
 Court lands: demains, or lands kept in demesne, i. e. in the lord's 
 own hands, to serve his family, v. Court; Curtis; Demesne. 
 
 Cousin. A kinsman or blood relation. Applied in the old books to a 
 brother, 8isf.er or uncle, 
 
 Coustoumier, coustumier, coutumler, Ifr. A collection of customs, 
 usages and forms of proceeding in the old law of France, v. Grand 
 coustumier. 
 
 Constum, contum, I fr. Toll or tribute. 
 
 Couthutlaugh, sax. In Saxon and early English law. A person who 
 willingly and knowingly received an outlaw, and cherished or con- 
 cealed him. 
 
 Covenable, convenable, ?. /n and eng. Convenient; becoming; fit or 
 suitable. 
 
 Covenant. A writ or action that anciently lay for non-performance of 
 any covenant in writing ; a modern form of action ex contractu 
 which lies for the recovery of damages for breach of a contract 
 under seal ; a promise or an express statement by or in a deed be- 
 tween two or more persons and sealed by one or more of them. 
 Covenant agralnst incumbrances: a covenant that property con- 
 veyed- is not incumbered. Covenant alternative, or disjunctive: a 
 covenant for the performance of one or more of several things at 
 the election of the covenantor or the covenantee. Covenant col> 
 lateral: a covenant conversant about something collateral to the 
 matter of the undertaking. Covenant declaratory: a covenant which 
 serves to limit or direct uses. Covenant dependent; a covenant 
 which depdhds on some prior act or condition ; a covenant the obli- 
 gation to perform which depends on the performance of another. 
 Covenant for further assurance: a covenant to do such further 
 reasonable acts as may be necessary to complete a transfer. Cove- 
 nant for quiet enjoyment: a covenantor assurance against the con- 
 sequences of a defect of title. Covenant in deed, or in fact, or 
 expressed: a covenant expressed in words, or inserted in a deed in 
 specific terms. Covenant in law, or implied; a covenant implied 
 by law from words in a deed which do not express it Covenant 
 inherent: a covenant conversant about the land, and knit to the 
 estate in the land granted. Covenant of non-claim: a covenant 
 that neither the covenantor nor any other person shall claim title 
 to the property conveyed. Covenant of rig'ht to convey: a covenant 
 of assurance that the grantor has capacity and title to convey. 
 Covenant of seisin: a covenant of assurance that the grantor has 
 the estate both in quantity and quality which he assumes to convey. 
 Covenant of warranty: a covenant of assurance that the grantee 
 shall enjoy the estate conveyed, undisturbed by the assertion of a 
 paramount title. Covenant real; a covenant in a deed binding the 
 
COVENANT — CRAVEN. 209 
 
 heirs of the covenantor, and passing to assignees, or to the purchaser. 
 Covenant running with land: a covenant which goes with the land, 
 as being annexed to the estate, and wliich cannot be separated from 
 the laud, and transferred without it. Such is any covenant con- 
 cerning; title,except a covenant brolcen before the land passes. Cov- 
 enant to convey: a covenant by which the covenantor undeitakes 
 to convey a certain estate. Covenant to stand seised to uses: a 
 species of conveyance under the statute of uses by which a man 
 seized of lands covenants, in consideration of blood or marriage, that 
 he will stand seized to the use of his wife, or kinsman, for life, in 
 tail or in fee. Covenant in gross: a covenant that does not run 
 with the land. Covenant of title, or real covenant: a covenant 
 ~ of seisin, of right to convey, against incumbrances, for further as- 
 surance, of quiet enjoyment, or of warranty. 
 
 Covenantee. The person to whom a covenant is made. 
 
 Covenantor. The person who makes a covenant 
 
 Coventry act. The statute 22 & 23 Car. II., u. 1, enacted for the punish- 
 ment of the offense of cutting off or disabling a limb or member, 
 with intent to maim or disfigure. So called from being occasioned 
 by an assault on Sir John Coventry. 
 
 Covert, fr. and eng. Covered ; protected. Covert baron or de baron: 
 under protection of a husband ; married, v. Baron; Feme covert. 
 
 Coverture. The condition of a woman during marriage. 
 
 Covin. A secret combination to effect fraud. 
 
 Covinous. Deceitful; fraudulent 
 
 Cranage. Jn English law. A liberty to use a crane for drawing up 
 goods out of a vessel at a creek or wharf, and to make profit of it ; 
 the money taken for such work. 
 
 Crappa, I I. In old English law. A crop. v. Croppa. 
 
 Crassns, crassa, I. Large ; gross ; excessive ; extrema Crassa igno- 
 rantia: gross ignorance. Crassa negligentia: gross negligence. 
 Crassus piscis: large fisli. 
 
 Crastino, I. t. In old English law. On the morrow ; a title formerly 
 given to the return days of writs,, days in bank, or appearance days 
 in the courts at Westminster. Crastino animarum: on the morrow 
 of All Souls ; one of the return days in Michaelmas Term, and the 
 first (Jay of the term. Crastino ascensionis Domini: on the mor- 
 row of the Ascension ; one of the return days in Easter term. Cras- 
 tino pnriflcationis beatae Marise virginis: on the morrow of the 
 purification of the blessed virgin Mary ; one of the return days in 
 Hilary term. Crastino sanctw Trinltatis: on the morrow of the 
 holy Trinity ; one of the return days in Trinity term ; and the first 
 day of the term. 
 
 Craven, cravent, cravant. In old English law. A word of disgrace, in 
 the trial by battel, on the uttering of which by either champion he 
 was considered as yielding the victory to his opponent, and was con- 
 14 
 
210 CRAVEN — CRIMEN. 
 
 demned, as a recreant, to become infamous, and not to be accounted 
 a free and lawful man. v. Battel; Champion; Recreant. 
 
 Oreamus, I. We create. One of the words by which a corporation was 
 formerly created by the king. 
 
 Creare, I. In the civil law. To create ; to constitute or appoint, as a 
 guardian. 
 
 Credere, /. To believe ; to put faith in ; to entrust with. 
 
 Credibility. Worthiness of belief; that quality in a witness which 
 renders his evidence worthy of belief. 
 
 Credible. To be believed ; entitled to credit; worthy of belief. 
 
 Credit. Belief ; confidence ; payment of money, in confidence of future 
 repayment ; transfer of property sold, in confidence of future pay- 
 ment of the purchase-money ; capacity of being trusted ; the repu- 
 tation of solvency or probity which entitles a man to be trusted. 
 
 Creditor. One who gives or has given credit to another ; one to whom 
 a debt is due. 
 
 Creditns, I. In old English law. Believed ; trusted. 
 
 Crementnm comitatus, I. L In old English law. The increase of the 
 county. 
 
 Crepare ocninm, I I. In Saxon law. To put out an eye. 
 
 Crepusculura, I. In old English law. The light which continues after 
 the setting, or precedes the rising, of the sun ; twilight. 
 
 Cretio, I. In the civil law. A Certain number of days allowed an heir 
 to deliberate whether or not he would take the inheritance. 
 
 Crew. In maritime law. A ship's company, embracing all the officers, 
 as well as the common seamen ; in a stricter sense, the officers and 
 common seamen, excluding the master ; in the strictest sense, the 
 common seamen only. Crew list: a list of the crew of a vessel ; 
 one of a ship's papers. 
 
 Orie, I fr. A proclamation ; a cry, or outcry. Crie de pays: the cry of 
 the country ; hue and cry. Criez la peez: rehearse the concord or 
 peace ; an order given by the justice to the sergeant in levying a 
 fina V. Cry de pais; Cdncord; Fine. 
 
 Crier. An officer of court, whose duty is to make proclamation of open- 
 ing and adjournment, to call parties, jurors and witnesses, to assist 
 in the administration of oaths, to impose silence, etc. v, Cryer. 
 
 Crim. con. v. Criminal conversation. 
 
 Crime. An act committed or omitted, in violation of a public ]aw, 
 either forbidding or commanding it ; a breach of some public right 
 or' duty due to the community, considered in its social aggregate 
 capacity, as distinguished from a civil injury. 
 
 Crimen, I. A crime. Crimen falsi: forgery, perjury or an offense of 
 kindred character. Crimen raptus: rape. Crimen roberiae: rob- 
 bery. 
 In old English law. An accusation or charge. Crimen falsi: the mak- 
 ing of a false charter, false measure, false money, etc. ; counter- 
 
CRIMEN — CROSS-ACTION. 211 
 
 feiting or falsifying the king's seal. Crimen felonlsB imposnit: 
 preferred a charge of felony. Crimen incendil: the crime of burn- 
 ing, including not only arson but the burning of a man, beast or 
 other chattel. Crimen Isesao majestatis: the crime of injuring 
 majesty: high treason. Crimen non contraliitur, nisi voluntas 
 uocendi intereedat [interveuiat]: crime is not contracted, unless 
 the intention of doing harm be present 
 In the civil law. A crime ; an accusation or charge. Crimen falsi: 
 the crime of falsifying, either by writing, as by the forgery of a 
 will or other instrument ; by words, as by bearing false witness, or 
 perjury ; or by acts, as by counterfeiting or adulterating the public 
 money, dealing with false weights and measures, counterfeiting 
 seals, and other fraudulent and deceitful practices. Crimen majes- 
 tatis: the undertaking of any enterprise against the emperor or the 
 republic. 
 
 Criminal. Relating to crime ; having the character of crime. Criminal 
 conTersation: unlawful intercourse with a married woman : adul- 
 tery. Criminal law: that branch or division of law which treats 
 of crimes and their punishments. 
 In English law. Criminal information: a proceeding at the suit of 
 the king, without a previous indictment or presentment by a grand 
 jury. 
 In Scots law. Criminal letters: a writ summoning a party accused 
 of crime, to appear and stand trial on a day named. 
 
 Criminalis, I. In old English law. Criminal, v. In criminalibus, etc, 
 
 Criminaliter, I Criminally. 
 
 Criminate. To expose a person to a criminal charge. ' 
 
 Cro, croo, croy. In old Scots law. A composition, satisfaction or as- 
 sytbment, for the slaughter of a man. 
 
 Croft. In old English law. A small piece of inclosed ground adjoining 
 a dwelling-house. 
 
 Crop. That which is cropped, cut or gathered ; the valuable part of that 
 which is planted in the earth, as grain, roots, etc. Crop-time: that 
 portion of the year that is occupied in making and gathering crops. 
 V. Away-going; Orowing; Outstanding. 
 
 Croppa, eroppus, I. I. In old records, a crop ; the product of a harvest 
 
 Cross-action. An action brought by a party sued against the party who 
 has sued him, on the same subject-matter, as on the same contract 
 V. Circuity of action. Cross-bill: a bill filed by a defendant in a suit 
 in equity against the complainant in order to obtain some relief 
 against him. Cross-examination: the examination of a witne^ by 
 the party opposed to the party who first examines him, in order to 
 test the truth of the first or direct examination or examination in 
 chief. Cross-remainder: a species of remainder created out of a 
 tenancy in common, as where each of two or more grantees has 
 reciprocally a remainder in the shares of the others, 
 
213 CROWN — GUI. 
 
 Crown. In English law. The sovereign power of the monarchy, espe- 
 cially in relation to the punishment of crimes. Crown law: crim- 
 inal law, — the crown being the prosecutor in criminal proceedings. 
 V. Pleas of the crown. Crown office: a department of the court of 
 Queen's Bench, commonly called the crown side of the court, in 
 which it takes cognizance of all criminal causes. Crown side; the 
 criminal department of the court of Queen's Bench. 
 
 Crowner, cronner. In old Scots law. Coroner ; a coroner. 
 
 Cruce sig^nati, I. I. In old English law. Signed or marked with the 
 cross ; pilgrims to the holy land, so called because they wore the 
 sign of the cross on their garments. 
 
 Crnelty. Abuse ; ill-treatment ; unnecessary infliction of pain, com- 
 monly physical ; immoderate chastisement - As between huaband 
 and wife, such acts as cause injury to life, limb or health, or danger 
 of such injury, or a reasonable apprehension of such danger, — and 
 this includes acts which so operate through the mind. As against 
 children, immoderate chastisement. As against animals, the wan- 
 ton infliction of pain, the infliction of pain without cause. 
 
 Cruise. A voyage for the purpose of making captures jwi-e belli. 
 
 Crux, I. In old English law. A cross ; the cross. The badge of the 
 crusaders, and of the Tenjplars and Hospitallers.' 
 
 Cry. To call out aloud ; to proclaim ; to sell at auction, v. Outcry. 
 
 Cry de pais, I. fr. In old English law. The cry of the country ; the 
 hue and cry after oflienders, as raised by the country, in the absence 
 of the constable, v. Hue and cry. 
 
 Cryer, crier. One who calls out aloud ; one who publishes or proclaims ; 
 an auctioneer, v. Crier. 
 
 Cucking stool. In eld English law. An ancient engine for the pun- 
 ishment of scolds, delinquent brewers and bakers, — called also tum- 
 brel, trebucket, and castigatory. 
 
 Cni, I. To whom. v. Per et cut Cni bono: for whose good ; for whose 
 use or beneflt. Cui jurisdictio data est, ea qnoqne concessa esse 
 Tidentur, sine qnibus jurisdictio explicari non potest: to whom- 
 soever a jurisdiction is given, those things also are supposed to be 
 granted without which the jurisdiction cannot be exercised. Cni 
 jus est donandi, eidem et vendendi et concedendi jus est: he who 
 has the right of giving has also the right of selling and granting. 
 Cui licet quod majus, non debet quod minus est non licere: he 
 who is allowed to do the greater, ought not to be prohibited from 
 doing the less. v. Non debet, eta 
 In old English law. Cui ante dirortinm: whom before divorce ; a 
 writ of entry which lay for a woman divorced, to recover her lands, 
 etc., from him to whom her husband had aliened them during the 
 marriage. Cui in Tita: a writ of entry which lay for a woman 
 against him to whom her husband, in his life-time, had aliened her 
 lands. 
 
CUICUNQUE — CULPRIT. 213 
 
 Cnicunque aliqnid conceditnr, conceditiir et id sine qno res ipsa non 
 esse potnit, I To whomsoever anything is granted, that also is 
 granted'withont which the thing itself could not exist Cuicnnqne 
 aliqnis quid concedit, concedere videtur et id sine quo res ipsa 
 esse non potuit: any one who grants anything to another is held 
 also to grant that without which the thing itself could not exist. 
 
 Cuilibet in arte sua perito est credendum, I. Any person skilled in his 
 peculiar art or profession is to be believed [i. e. when he speaks of 
 matters connected with such art]. 
 
 Cujns estycommodum, ejus debet esse incommodum, I. He who en- 
 joys the profit ought to bear the loss. Cujns est dare, ejus est dis- 
 pouere: whose it is t<^ give, his it is to dispose [i. e. to regulate]. 
 Cujus est dirisio, alterius est electio: whichever [of two parties] 
 has the division [of an estate], the choice [of the shares] is the other's. 
 Cujus est instituere, ejus est abrogare: whose right it is to insti- 
 tute, his right it is to abrogate. Cujus est solum, ejus est usque ad 
 eoelum: whose is the soil, his it is up to the sky. Cnjns est solum, 
 ejns est usque ad coelum et ad inferos: he who owns the soil owns 
 it to the sky and to the center of the earth. Cujus juris [i. e. juris- 
 dictionis] est principale, ejasdem juris erit accessorium: he who 
 has jurisdiction of the principal, has also jurisdiction of the acces- 
 sory. Cujus per errorem dati repetitio est, ejus consulto dati 
 donatio est: he who gives a thing by mistake, has aright to recover 
 it back ; but if he gives designedly, it is a gift 
 
 Cnjusque rei potissima pars est principium, L The chiefest part of 
 every thing is the beginning. 
 
 Col., cnlp. An abbreviation of culpabUis, guilty. Cul. pri: guilty, 
 ready; the reply of the clerk on behalf of the crown or the state to 
 the plea of the accused of not guilty. 
 
 Culpa, I. In the civil and common law. Negligence; fault; miscon- 
 duct ; culpable conduct In th&fcivil law, as in the law of bailments 
 in the common law, three degrees of culpa are recognized, — lata 
 culpa, which is gross fault or neglect ; levis culpa, which is ordinary 
 fault or neglect; and levissima culpa, which is slight fault or neg- 
 lect V. iMta; Levis; Levissima. Culpa caret qui scit sed pro- 
 liibere non potest: he is clear of blame who knows but cannot 
 prevent Culpa est immiscere se rei ad se non pertinenti: it is 
 culpable conduct for a man to meddle with a thing not belonging 
 to or concerning him. Culpa tenet [teneat] snos auctores: mis- 
 conduct binds [should bind] its own authors. Culpa; poena par 
 esto: let the punishment be proportioned to the offense. 
 
 Cnlpabilis, I In old English law. Guilty. Culpabilis de intrnsione: 
 guilty of intrusion. 
 
 Culprit. A person guilty or supposed to be guilty of a crime The 
 wdfd is made up of cul. and prit, used anciently ou the arraign- 
 ment of a prisoner at the bar. v. CuL 
 
214 CULRACH — CURA, 
 
 Culrach. In old Scots law. A species of pledge or cautioner, used in 
 cases of the replevin of persons from one man's court to another's. 
 
 Culyertage. In feudal law. Confiscation, or forfeiture of lands and 
 goods. 
 
 Cum, I. With. Cum confldente sponte mitius est agendum: a party 
 making a voluntary confession is to be more mercifully dealt with. 
 Cum eorum et cnjnslibet eorum pertinentiis: with their and every 
 of their appurtenances. Cum onere: with the burden or charge ; 
 subject to a charge or incumbrance. Cum pera et loculo: with 
 satchel and purse. Cum pertinentiis: with the appurtenances. Cum 
 testamento annexo: with the will annexed, v. Administration. 
 
 Cum, qnnm, I. When ; whereas. Cum adsunt testimonia rernm, quid 
 opus est verbis: when the proofs of facts ai-e present, what need is 
 there of words. Cum [quum] de luero dnorum quajritur, melior 
 est causa possidentis: when the question is as to the gain of two 
 persons, the cause of him who is in possession is the better. Cum 
 duo inter se pagnautia reperinntur in testamento, ultimum 
 ratum est: where two things repugnant to each other are found in 
 a will, the last shall stand. Cum duo jura concurrnnt in una per- 
 sona sequnm est ac si assent In duobus: when two rights meet in 
 one person it is the same as if they were in two. Cum [qunm] par 
 delictum est dnorum, semper oneratur petitor, et melior liabetur 
 possessoris causa: where the fault of two parties is equal, the claim- 
 ant always has the burden, and the party in possession is deemed to 
 have the better case. Cum quod ago non valet ut ago, valeat quan- 
 turii valere potest: when that which I do is of no effect as I do iti 
 it shall have as much effect as it can [i. e. in some other way]. 
 
 Cumulatire. Additional; increasing. Cumulative evidence: evidence 
 tending to prove what has already been shown by other evidence. 
 Cnmulative legacy: a legacy in addition to another legacy. Cumn- 
 lative punisliment: a punishment adjudged to be inflicted after 
 another the execution or effect of which has expired. Cumulative 
 remedy: a statutory remedy in addition to one already existing. 
 
 Cuna, I. I. In old English law. A tub or vat for brewing; coin. Cuna- 
 gium: coinage. 
 
 tl'nneare, 1. 1 In old English law. To coin. Cuneatns: coined. 
 
 Cunens, I. I. In old English law. The iron die with which metallic 
 money was coined ; the money itself, so coined ; the place of coinage. 
 
 Cnr. An abbreviation of Curia. Cur. adv. vnlt: an abbreviation of 
 curia advisari imlt. v. Curia advisari vult. 
 
 Cura, I. Care ; charge ; oversight ; guardianship. 
 In the civil law. A species of guardianship which commenced at the 
 age of puberty and continued to the completion of the twenty-fifth 
 year. \ 
 
 III ecclesiastical law. Cura auimarum: care of souls, or cure of souls, 
 as it is frequently rendered. 
 
CURARE — CURIA. 215 
 
 Cnrare,J. In the civil law. To take care of; to cure or heal. 
 
 Curate. In ecclesiastical law. Properly an incumbent who has the 
 cure of sovils, but now generally restricted to signify the spiritual 
 assistant of a rector or vicar in his cure. 
 
 Curatio, /. la the civil law. Guardianship ; the oflBce of a curator. 
 
 Curator, I. In the civil law. One who is appointed to take care of any 
 thing for another; one who is appointed to administer the estate of 
 any person who is not legallj' competent to manage it himself. 
 Curator ad hoc: a guardian for this [purpose] : a special guardian. 
 Curator bonis: a guardian or trustee appointed to take care of 
 property in certain cases; as for the benefit of creditors. Curator 
 In (or ad)' litem: a guardian for the purpose of a suit; or one ap- 
 pointed to prosecute or defend a suit for another. 
 
 Curatory. In Scots law. Guardianship. 
 
 Curatrix, I. A female guardian. 
 
 Cure of sonls. In English ecclesiastical law. The spiritual charge of a 
 parish, including the ordinary and regular duties of an ofiSciating 
 clex-gyman. 
 
 Curfew. In old English law. A belj which rang at eight o'clock in the 
 evening, in the time of William the Conqueror, by which every per- 
 son was commanded to rake up, or coVer his fire, and put out his 
 light. 
 
 Curia, I. In old English law. The court held in the king's palace ; the 
 court of a feudal lord ; the court of a manor ; any court of justice of 
 either general or special jurisdiction ; the king's palace or household ; 
 the residence of a noble ; a manor or manor hall ; a chief manse ; a 
 parsonage house or manse ; an area attached to a house, or within 
 which a house is built ; a court yard or close; the civil or secular 
 power ; the persons who did service at the lord's house ; the lord's coui t; 
 the governing body of a municipality. Curia admiralitatis: the court 
 of admiralty. Curia advisarl vult: the court will be advised, i. e. 
 take time to deliberate ; a phrase used in the reports and commonly 
 abbreviated to cur. adv. vult, to denote the suspension of judgment 
 by the court, after hearing argument, for the purpose of further 
 deliberation. Curiabaronis, or baronum: a court baron, v. Court, 
 baron. Curia cancellarise est olHcina justitiae: the court of chan- 
 cery is the workshop of justice. Curia Christianitatis: a court 
 Christian ; an ecclesiastical court Curia comitatus: the court of 
 the county ; the county court, or court of the shire, in the .Saxpn 
 times. V. County court; Comitatus. Curia domini: the lord's 
 court, house or hall, where all the tenants met at the time of keep- 
 ing court Curia magna: the great court; one of the ancient 
 names of parliament; the king's court or aula regis. Curia ma- 
 joris: the mayor's court Curia militum: a court so called, an- 
 ciently held at Carisbrook Castle in the Isle of "Wight Curia 
 palatii: the palace court Curia pentlciarum: a court held by the 
 
216 CUBIA — CURTESY. 
 
 sheriff of Chester, in a place there commonly called the Pendice. 
 Curia personee: a parsonage house, or manse. Curia pedis pnl- 
 Terizati: the court of piedpoudre or piepouders. Curia regris: the 
 king's court ; the supreme court of the kingdom, established by the 
 Norman princes ; otherwise called curia magna, and aula regis; an 
 ancient name of parliament v. De curia, etc. 
 In old Scots laiv. Curia Christianitatis: a court Christian ; an ecxAe- 
 siastioal court Curia legitime ailirmata: court lawfully opened, 
 or opened in due form. — a formal phrase used in the captions of 
 records, v. Affirmare. 
 In the Roman law. A division of the Roman people into three tribes, 
 and of each tribe into ten curice, making thirty curice in all ; the 
 place or building in which each curia assembled to offer sacred 
 rites ; the place of meeting of the Roman senate ; the senate house ; 
 the senate house of a province ; the place where the decuriones as- 
 sembled. 
 
 Cnrialitas, I. I. In old Scots law. The estate of tenancy by the cur- 
 tesy. 
 
 Curiosa et captiosa interpretatio in lege reprobatur, I. A curious 
 [overnice or subtle] and captious interpretation is reprobated in law. 
 
 Current. Now present or existing ; now running or passing ; as, a cur- 
 rent account, or year, current earnings, current value; circulating 
 as money. Current funds: money current at par; coin, or any- 
 , thing equivalent and convertible at pleasure into coin. Current 
 money: money commonly received in business transactions as a 
 medium of exchange. Current notes: bank notes redeemable in 
 coin. 
 
 Ourrere, Z. In old English law. To run ; to elapse, as time, with the ef- 
 fect of limitatibn ; to run, as a stream ; to have course or effect. Cur- 
 rat lex; let the law take its course ; the law must take Its course ; 
 — communis sicut prius cnrrere consuevit: the common law shall 
 have course, as it hath heretofore usually had. Currit quatnor 
 pedibus: it runs upon four feet; it runs upon all fours. Cnrrittem- 
 pns contra desides et sui juris contemptores: time runs against the 
 slothful and those who neglect their rights. 
 
 CursMor, ^.Z. In English law. A clerk of the court of chancery whose 
 business was to make out all original writs, — writs de cursu, v. De 
 cursu; Original writ. 
 
 Cnrstts, I. In old English law. A course or running, as of water ; a 
 course or practice. Cnrsns carbonum: a seam of coals. Cursus 
 curiae: the practice of a court ; — est lex curiae: the practice of a 
 court is the law of the court 
 
 Gnrtesy, curtesy of England. An estate to which a man is entitled, on 
 the death of his wife, in lands of which she was seised during cov- 
 erture in fee simple or fee-tail, provided he had issue by her, capable 
 of inheriting her estate. 
 
CURTILAGE— CUSTOM. 217 
 
 Curtilage. The land enclosed about a dwelling-house. 
 
 Curtilagium, I. I. In old English law. Curtilage ; a curtilage, v. Cur- 
 tilage. 
 
 Cnrtiles terrsE, /, I. In old English late. Court lands, v. Court lands. 
 
 OartiUura, I. I, In old English law. An area or space lying within the 
 enclosure of a dw^elling-house. 
 
 Ciii'tis, carta, cnrtus, I. I. In old European law. The court of the 
 sovereign ; any court of justice ; the palace or household of the 
 sovereign ; the residence of a nobleman ; a manse, a country house 
 or dwelling with the land about it ; a space or area about a dwell- 
 ing ; a garden ; an enclosure, or pound ; a town or village, the resi- 
 dence of a noble. 
 
 Custaginin, custagia, cnstantia, I I. In old English law. Cost, costs ; 
 expenses of judicial proceedings. 
 
 Cnstode admittendo, amovendo, I. I v. De eustode, etc. 
 
 Custodes, I. In old English law. Keepers ; guardians. Cnstodes lib- 
 ertatis Anglise anthoritate parliamenti: keepers of the liberty of 
 England, by the authority of parliament; the style of writs and 
 other judicial proceedings after the execution of Charles L and be- 
 fore Cromwell was declared protector. Custodes pacis: conserva- 
 tors of the peace. Custodes placitornm corouoD: keepers of the 
 pleas of the crown. Supposed to be the same with coroners. 
 In the Roman law. Guardians ; observers ; inspectors : persons who 
 acted as inspectors of elections, and who counted the votes given. 
 
 Custodia, I. In old English law. Keeping ; custody ; ward, or guard ; 
 the duty of keeping guard; wardship or guardiapship. Custodia 
 castri: castle-guard. Custodia comitatns: the wardship of a 
 county. 
 In the civil law. Custody ; confinement ; confinement in a public 
 prison. 
 
 Custodire, I In old English law. To keep. 
 
 Custody. Care; keeping; detainer undsr arrest; confinement; imprie- 
 onment 
 
 Custom. A law, not written, established by long usage and consent 
 If it is universal, and_80 a part of the common Jaw, it is. a ggperal. 
 custom ; if it is confined to a certain place, it is a particular custom, 
 which, to be valid, must have been peaceable, reasonable, certain, 
 compulsory, consistent with other customs, and continued without 
 interruption so long that the memory of man runneth not to the 
 contrary. Custom of merchants: a system of customs relative to 
 bills of exchange, partnership, and other mercantile matters, and 
 which, under the name of lex mercatoria, or law merchant, has been 
 made a part o€ the common law. v. Law merchant. 
 In English law. Customs of London: particular customs wtthin the 
 city of London, with regard to trade, apprentices, widows, orphans 
 and a variety of other mattera 
 
218 CUSTOM — CUSTUS. 
 
 In old English law. Customs and services: services which tlie ten- 
 ants of lands, under the feudal law, owed to their lords, and which, 
 if withheld, the lord might compel by resort to the writ of customs 
 and services, v. De consuetudinibus et sermtiis. 
 
 Customary. Originating in custom, as customary estates, law, services, 
 etc. 
 In English lav. Customary estate: an estate which owes its origin 
 to the custom of a particular manor, and belongs to such person as 
 holds, his lands by copy of court roll, or tenure of the like kind. 
 Customary freehold: a copyhold estate, the evidences of the title 
 to which are to be found on the court rolls ; the holding being ac- 
 ' cording to the custom of the manor, but not at the will of the lord, 
 and the incidents being similar to those of pure copyhold. Custom- 
 ary service: a service due by custom from one person to another ; 
 as the service of doing suit to another's mill. Customary tenants: 
 such tenants as hold by the custom of the manor, as their special 
 evidence, v. Copyholder. 
 
 Cnstome serra prise strlcte, I. fr. Custom shall be taken [is to be con- 
 strued] strictly. 
 
 Customs. The duties, toll, tribute or tariii payable on merchandise ex- 
 ported and imported, and forming a part of the public revfenue. 
 
 Custos, I. In English law. A keeper, protector or guardian. Cttstos 
 brevium: keeper of the writs; a principal clerk belonging to the 
 courts of King's Bench and Common Pleas, whose office was to re- 
 ceive and keep all the writs returned into the court, and also all records 
 of nisiprius. Custos ferarum: agame-keeper. Custos horreiregii: 
 protector of the royal granary. Custos rotulorum: keeper of the 
 rolls ; an officer who has the custody of the rolls or records of the 
 sessions of the peace, and also of the commission of the peace itself. 
 In old English law. A keeper, protector or guardian ; a magistrate ; the 
 warden of a city. Custos maris: warden of the sea ; the title of a 
 high naval officer among the Saxons, and after the conquest corre- 
 spionding with admiral. Custos placitornm coronte: keeper of the 
 pleas of the crown. Custos terriE: guardian, warden or keeper of 
 the land. ■ ' ' ■ .' 
 
 In English ecclesiastical law. Custos spiritual! um: keeper of the spir- 
 itualities ; one who exercises the spiritual jurisdiction of a diocese 
 during the vacancy of the see. Custos temporalium: keeper of the 
 temporalities ; one to whose custody a vacant see or abbey was com- 
 mitted by the king as supreme lord. 
 
 Custuma, /. I In old English law. Customs, duties or imposts. Cus- 
 tuma autiqua sive magna: ancient or great customs; export du- 
 ties formerly payable on wool, sheepskins or woelfels,.and leather. 
 Custuma parva et nova: small and new customs ; duties on goods 
 exported or imported by aliens. 
 
 Custus, 1. 1. In old English law. Cost; charge ; expense ; costs ; charges. 
 
CY — DAMAGES. , 219 
 
 Cy, I fr. Here. Cy apres: hereafter; thereafter. Cy avant: hereto- 
 fore. 
 
 Cy, si, Z./c So; as. Cy bien: as well. Cy court: so speedily. Cypres: 
 so near ; as near ; as near as possible ; the doctrine of construing in- 
 struments as near to the intention of the parties as possible ; partic- 
 ularly the equitable doctrine by which where it is impossible or 
 unreasonable to carry out a will according to its literal meaning it 
 is carried out as near as it may be to the general intention. 
 
 Cyeins, I. fr. Here ; in ; within. 
 
 Cymmorth, pi. cymmortlian, brit In old English law. An assembly 
 for the purpose of assistance. 
 
 Cynebote, sax. In Saxon law. A pecuniary composition for killing a 
 relative ; the same with cenegild. 
 
 Cyricbryce, .lax. In Saxon law. The act of breaking into a church. 
 
 Cyricsceat, sax. In Saxon law. A tribute or payment due to the 
 church. 
 
 Cyrographarius, 1.1. In old English law. A cyrographer ; an officer 
 of the court of Common Bench. 
 
 Cyrographum, I. I In Saxon and old English law. A deed or charter 
 among the Saxons ; a charter, written in two parts, with the word 
 cyrographum, in capital letters between, through which it was di- 
 vided by cutting ; one of the parts of a fine. v. Chirograpli. 
 
 D. An abbreviation of digest, digesta, or digestum. D. B. E.: de bene 
 esse. V. De bene, etc. D. B. N.: de bonis non. v. De bonis, etc. 
 D. C: district court. B. C. L.: doctor of the civil law. B. P.: do- 
 mus prooerum; the House of Lords. B. S.: deputy sheriff. B. S. B.: 
 debitum sine breve, v. Debitum, eta 
 
 Babis? Babo, I. In the Roman law. " Will you give? I will give. 
 One of the forms of making a verbal stipulation. 
 
 Bacrnm, dakrnni, dacra, /. I. In old English and Scots law. A daker, 
 or dakir ; a measure of certain commodities. 
 
 Bains, dailns, dayla, 1. 1. In old English law. A dale, valley or low 
 place ; a balk, or narrow slip of pasture left between furrows in 
 arable land. 
 
 Bamage, I. fr. and eng. A loss, hurt or hindrance sustained by a party 
 in his estate or pereon. Bamage feasant: doing damage ; a term 
 applied to cattle found on another's land, doing damage by treading 
 down the grass, grain, eta 
 In old English law. Bamage cleer: a fee which a plaintiff recover- 
 ing damages in the courts of King's Bench and Common Pleas had 
 to pay to the prothonotary, or chief ofiBcer of the court, before he 
 could have execution. 
 
 Bamages, I. fr. and eng. A pecuniary satisfaction for an injury, given 
 usually at law, but sometimes in equity ; a sum of money claimed 
 by the plaintiff or assessed by the jury in a personal or mixed ac- 
 
220 • DAMAGES — DANS. 
 
 tion, as a compensation for the injury complained of. v. Compen- 
 satory damages; Double damages; Excessive damages; General 
 damages; Liquidated damages; Measure of damages; Nominal dam- 
 ages; Punitive damages; Special damages; Treble damages. 
 
 Dainaionse, I. fr. In old English law. Causing damage or loss, as dis- 
 tinguished from torcenouse, wrongful. 
 
 Damna, I. I. In old English law. Damages, inclusive of costs of suit ; 
 damages, exclusive of costs. Damna in duplo: double damages. 
 
 Dainnare, dampnare, 2. In old English law. To condemn; to dam- 
 age ; to injure. 
 
 Damnatns, I. In old English law. Condemned ; unlawful Damnatus 
 coitus: an unlawful connection, v. Qui ex damnato, etc. 
 
 Dainner, dampner, I. fr. To condemn. Dampner a la mort: to con- 
 demn to death. 
 
 Vamni injuria) actio, I. In the civil law. An action for injurious 
 damage. 
 
 Damnosa haereditas, I. In the civil law. A losing inheritance; an in- 
 heritance that was a charge instead of a benefit 
 
 Damnosns, dampiiosus, I. I. In old English law. That which produces 
 loss, as distinguished from injuriosus, or that which works a wrong. 
 
 Damnum, dampnnm, pi. damna, I Damage ; loss. Damnum facientes: 
 doing damage. Damnum abstjue injuria: a loss without a wrong ; 
 that kind of damage for which an action will not lie. v. Non omne, 
 etc. 
 In the civil law. SDamage. Damnum fatale: fatal damage ; damage 
 from fate. Damnum infectum: damage not yet done ; apprehended 
 damage. Damnum rei amisssB: a loss arising from a payment made 
 by a party in consequence of an error of law. 
 
 Danegeld, danegelt, danigeld. In old English law. The Danish tax 
 or tribute ; a tax upon land first imposed on the Saxons in the reign 
 of Ethelred, for the purpose of bribing the Danes to desist from their 
 depredations, and afterwards made permanent for the purpose of 
 maintaining a force to defend the coast, thus becoming one of the 
 chief branches of the royal revenue. 
 
 Panelage, denelage. Dane law ; the Danish law ; a system of laws in- 
 troduced into England by the Danes, and principally maintained in 
 some of the midland counties, and also on the eastern coast. 
 
 Danger, v. Apparent danger. Dangers of navigation, or of the sea: 
 the ordinary perils of navigation, as stress of weather, tempests and 
 other extraordinary occurrences, v. Perils of the sea. Dangers of 
 the river: the natural accidents incident to river navigation, not 
 such as may be avoided by proper care and skill. 
 
 Dnngeria, I. I. In old English law. A payment by forest tenants to 
 the lord, for leave to plough and sow in time of pannage or mast 
 feeding. 
 
 Dans, I. frt In ; within, v. Veins. 
 
DANS -DAY. • 221 
 
 Dans et retlnens nil dat, I. One who gives and retains [possession] 
 
 gives nothing. 
 Dare, I. To give ; to cause a thing to be effectually his who receives it. 
 
 V. Do; Give; Nemo dat, etc. ; Qui nan, etc. 
 Darrein, darreine, darreyne, dareyne, darrain, darraigne, I. fr. Last. 
 Darrein continuance: the last continuance, v. Continuance; Puis 
 darrein continuance. Darrein presentment: the last presentment. 
 V. Assise of darrein presentment. Darrein seisin: the last seisin; 
 an old plea for the tenant in a writ of right. Dareyne volunte: last 
 will. 
 Dat', data, datum, I. I. Given ; executed ; the date of a deed or other 
 
 instrument; the tiuie, i. e. when it is given. 
 Date, /. fr. and eng. Primarily, given or executed ; hence from 4ts use 
 as the initial and emphatic word of the clause by which the time and 
 place of execution were expressed, the time when a deed or other 
 instrument is made or delivered, etc. ; also the clause of the instru- 
 ment which specifies the fact with time and place, v. Bearing. 
 Datio, L In the civil law. A giving, or act of giving ; appointment or 
 assignment Datio in solutum: a giving in payment ; a species of 
 accord and satisfaction. Datio judicis: appointment of a jwdea; to 
 hear and determine a cause. Datio tutoris: the appointment of a 
 tutor or guardian by the praetor or a magistrate, where none had 
 been provided by will or by law. 
 Dative. In old English law. In one's gift ; that may be given and dis- 
 posed of at will and pleasure. 
 In the civil law. That which is given by the magistrate, as distin- 
 guished from that which is cast upon a party by the law or by a 
 testator. 
 Datnni, I. I. Given ; dated. Datum apnd London: given at London. 
 
 Datur digniori: it is given to the more worthy. 
 Datns, I. Date or giving, v. Dies datus. 
 
 Day. A period of time consisting of twenty-four hours, beginning at 
 midnight and extending to the next succeeding midnight, called the 
 civil day ; a period of time extending from sunrise to sunset, called 
 the solar or the natural day ; the period of time comprising the hours 
 of a day which are devoted to business ; a period of time computed 
 from one fixed point to another, without reference to the natural 
 distinction between day and night, expressively called an artificial 
 day ; a particular time assigned for the appearance of parties, the 
 - return of process, etc. Day In court: a day set for appearing in 
 court ; a day on which a party may be heard in court v. Continu- 
 ance; Days; Dies; Dies datus; Dies Juridicus; Juridical; Return 
 day; Sine die; Sunday; Without day. 
 In English law. Day rule: a rule, or rather a certificate of the 
 granting of a rule to a prisoner, permitting him to go beyond the 
 rules, that is, the limits of the prison, for the purpose of transacting 
 
222 DAY — DK 
 
 his business; so called because granted only for a day, the pris- 
 oner being required to return at or before nine o'clock of the even- 
 ing. ^ 
 
 Daylight. In the law of burglary, that portion of time before sunrise, 
 and after sunset, which is accounted part of the day as distinguished 
 from night v. Burglary; Night. 
 
 Day-time. In the law of burglary, that portion of the twenty-four hours 
 during which a man's countenance is discernible. 
 
 Days in bank. Stated days in term appointed for the appearance of 
 parties, the return of process, etc., originally peculiar to the court 
 of Common Bench, or Bench (bank) as it was anciently called. 
 V. Bank; Bench; Dies communes in banco. Days of grace: days, 
 usually three in number, allowed by the custom of merchants, for 
 the payment of bills of exchange and promissory notes, except such 
 as are payable on demand, or, where no time of payment is ex- 
 pressed, beyond the day expressed for payment ; three days allowed 
 to persons summoned in the English courts, beyond the day named 
 in the writ, to make their appearance ; the last day being called the 
 quarto die post. v. Dies gratia; Quarto die post. 
 
 Daysman. An arbitrator, or umpira 
 
 Day were. In old English law. A term applied to land, and signifying 
 as much arable ground as could be ploughed in a day. 
 
 De, Z. /r. About; at; by; concerning; for; from; in ; in order to ; of ; 
 on ; out of ; with. De avant: before. De bone memorie: of good 
 memory ; of sound mind. De comon droit: of conimon right, that 
 is. by the common law. De COSte: from, or on the side; collat- 
 eral. De counsel: of counsel; — ove le defendant: of counsel with 
 (for) the defendant De cy en avant: from now henceforth. De 
 droit: of right De fait, de fet: of, or' in fact ; by wrong, as dis- 
 tinguished from de droit, of or by right v. De facto. De fine 
 force: of necessity ; of pure necessity, v. Fine force. De male 
 fame: of bad reputation. De mot en mot: from word to word; 
 word for word. De non sane memorie: of unsound memory or 
 mind; non compos mentis, v. Memory; Non compos mentis. De 
 cilice: of office; in virtue of office; officially; in the discharge of 
 ordinary duty. De plain: in a summary way. v. De piano. De 
 pleine age: of full age. De qnes en ^a: from which time until now. 
 De quoy: of which ; wherewith. De rien culpable: guilty of noth- 
 ing ; not guilty. De sa vie: of his own life, as distinguished from 
 pur autre vie, for another's Ufa De son: of his ; of his own ; 
 — counsel: of his counsel ; — done: of his gift ; — gree: of his own 
 accord ; — tort: of his [own] wrong ; — tort demesne: of his own 
 wrong; — tort demesne, sans tiel canse: of his own wrong, with- 
 out such cause, v. De injuria sua propria, etc De temps dont 
 memorie ne court: from time whereof memory runneth not [to 
 the contrary]. 
 
DE 223 
 
 In old English law. De bien et de mal: for good and evil ; a phrase 
 by which a party accused of a crime anciently put himself upon a 
 jury. V. De bono et malo. De biens le mort: of the goods of the 
 deceased. De cliar et de sank: of flesh and blood; words used in 
 claiming a person to be a villein. De cornes et de bouclie: with 
 horns and with mouth or voice ; words used in describing the an- 
 cient hue and cry. De cy en avaiit: from now henceforth. De eu 
 et trene: of water and whip of three cords; a term applied to a 
 neife, that is, a bond woman or female villein, as employed in servile 
 work and subject to corporal punishnlient. v. De eve et de treve. 
 De eve et de treve: from grandfather and great-grandfather's great- 
 grandfather; a phrase used in cases where a party was claimed 
 by another as his villein, as descriptive of the ancestral rights of 
 lords in such cases. De defaute de droit: for failure of right ; an 
 old appeal in feudal law. De liant et de bas: of high and low ; 
 a term used to express the unlimited power of taxation which a 
 lord had over his villein. De la pluis beale: of the most fair ; a 
 term applied to a species of dower, which was assigned out of the 
 fairest of the husband's teneinents. 
 De, L About; among; by; concerning; for; from; in; of ; out of; to; 
 under ; upon ; with. , De acquirendo reruin doininio: of acquiring 
 the ownership of things. De adinensnratlone dotis: v. Admeasure- 
 ment of doicer. De admensnratione pastnras: y. Admeasurement 
 of pasture. De aeqnitate: in equity. De ampliori gratia: of more 
 abundant or especial grace. De anxilio: of aid. De bene esse: of 
 well being; of present or temporary formal sufficiency; of condi- 
 tional validity ; conditionally ; good or valid for the present, but sub- 
 ject to some future and further proceeding. Applied to such acts or 
 proceedings as are done or permitted in an action, but the validity or 
 effect of which depends on some subsequent act, fact or proceeding, 
 as to a declaration filed on condition that bail be put in, or to evidence 
 taken to be used only on condition that the witness be not able to at- 
 tend, or to a verdict taken subject to the opinion of the court v. Del 
 bien estre. De bonis: of or for goods ; — aspoi'tatis: for goods taken 
 away ; for taking away goods, v. Trespass de bonis, etc. ; — non ad- 
 ministratis: of the goods not administered, v. Administration, etc. ; 
 — propriis: of his own goods ; of the proper goods of a defendant ; a 
 term applied to a judgment against an executor or administrator, 
 awarding execution against his property; — testatoris, or intes- 
 tatl: of the goods of the testator or intestate ; a term applied to a 
 judgment awarding execution against the property of a testator or 
 intestate; — testatoris si, etc., et si non, etc., de bonis propriis: 
 of the goods of the testator [in the hands of an executor defend- 
 ant], if [he have so much thereof in his hands to be administered], 
 and if not, [then the costs to be levied] of the defendant's own goods. 
 De bono gestn: for good behaviour. De csetero de cetero: henceforth, 
 
224 DR 
 
 henceforward ; hereafter, in future. De cetero: henceforth ; here- 
 after. De clamio liabendo: for having a claim. De claro die: by 
 daylight De clanso fracto: of close broken ; of breach of close. 
 V. Clausum fregit. De couflictu legnm: concerning the conflict of 
 laws. De consilio: of counsel ; — cnria;: by the advice or direction 
 of the court De corpore: of the body ; — comitatns: from the body 
 of the county as distinguished from a particular neighborhood ; — de- 
 licti: as to the corpus delicti, or substantial fact of a crime having 
 been committed. De cnrsn: of coursa De die: by day; — claro: 
 by clear day ; by daylight ; — In diem: from day to day. De donis 
 conditionalibns: concerning conditional gifts ; the title of the first 
 chapter of the statute of Westminster 2, commonly called the Stat- 
 ute de Donis, by which fees simple conditional were converted into 
 fees tail. v. Conditional fee; Fee tail De et super prseiuissis: of 
 and upon the premises. De facto: in fact ; in deed ; actual, as dis- 
 tinguished from dejure, q. v. De lide et officio judicis non recip- 
 itur quaestio, sed de scientia, sive sit error juris, sive facti: con- 
 cerning the fidelity and ofiBcial conduct of a judge, no question is 
 [will be] entertained ; but [onlj'] concerning his knowledge, whether 
 the error [committed] be of law or of fact De fldei Isesione: of 
 breach of faith or fidelity. De incremento: of increase ; in addi- 
 tion; additional. De injuria sua propria, absque tali causa: of 
 his own wrong, without such cause ; formal words of traverse, in 
 replications in actions of trespass, called the traverse de injuria. 
 De integro: anew ; a second time ; as before. De Itinere: of way ; of 
 the right of way or path. De jactnra evitanda: for avoiding a loss ; 
 applied to a defendant De jure: of right ; by law ; rightful ; law- 
 ful; — coinmnni: at common law; — judices, de facto juratores, 
 respondent: the judges answer as to the law, the jurymen to the fact 
 De latere: from the side; collaterally. De lunatico inqnirendo: 
 for inquiring about a lunatic or lunacy; the name of a commission, 
 in the nature of a writ, issued in cases of alleged lunacy, to inquire 
 whether the party be a lunatic or not ; otherwise called a commis- 
 sion of lunacy. De malo: of illness. De melioribns damnis: of, or 
 for the better damages ; used in practice to denote the election by a 
 plaintiff against which of several defendants he will take judgment 
 De minimis non curat lex: the law does not care for or take no- 
 tice of trifles. De non apparentibus et non existentibus eadeni est 
 ratio: things which do not appear are treated in law the same as if 
 they did not exist De novo: anew ; a second time. De parendo 
 jnri: of, or for obeying the law ; to obey the law, or the mandate 
 of a writ De placito: of a plea ; of, or in an action ; formal words 
 used in declarations and other proceedings, as descriptive of the 
 particular action brought; — conventionis fractse: of a plea of 
 breach of covenant ; — debiti: of a plea of debt ; — transgressionis: 
 of a plea of trespass ; — transgressionis super casam: of a plea 
 
DK 225 
 
 of trespass on the case. De piano: manifestly ; clearly ; by covin 
 or collusion. De praesenti: of the present; in the present tense. 
 V. Per verba de prcesenti. De prosequendo; of, or for prosecuting ; 
 to prosecute. De receptaniento: of receipt; of harbouring. Dc 
 retorno liabendo: for having a return ; to have a return ; the judg- 
 ment for the defendant in replevin, awarding a return of the goods ; 
 also the writ or execution issued thereon. De rigore juris: in strict- 
 ness of law. De similibus ad similia eadem ratlone proceden- 
 dum est: from like things to like things we are to proceed by the 
 same rule or reason. De similibus idem est judicandum: of like 
 things [in like cases] the judgment is to be the same. De super- 
 sedendo: a writ of supersedeas, v. Supersedeas. De tempore: from 
 time ; — cnjus contrarium memoria hominuiii non existit: from 
 time whereof the memory of men does not exist to the contrary ; 
 — in tempus et ad omnia tempera: from time to time, and at all 
 times. De termino: of the term. De una parte: by one party ; uni- 
 lateral ; a deed by which one party only is bound. De verbo in 
 Terbnm: word for word. De viciueto: from the neighborhood, or 
 vicinage; applied to a jury. v. Vicinetum. De visinetu: of the 
 vicinage. 
 
 In English law. De clerico admittendo: a writ for admitting a clerk ; 
 the writ of execution in a quare impedit, directed to the bishop, and 
 commanding him to admit the plaintifiE's clerk. De contumace 
 capiendo: a writ for taking a contumacious person : a writ which 
 issues out of chancery, where a person has been pronounced by an 
 ecclesiastical court to be contumacious, and in contempt. De coro- 
 natore eligendo: a writ for electing a coroner; a writ issued to the 
 sheriff, commanding him to proceed to the election of a coroner. 
 De coronatore exonerando: a writ for discharging or removing a 
 coroner ; a writ by which a coroner may be removed from otBce for 
 cause assigned. De custode admittendo: a writ for admitting a 
 guardian. De cnstode amovendo: a writ for removing a guardian. 
 De dote unde nil habet: a writ of dower, whereof she has nothing; 
 a writ, now much disused, which lies for a widow entitled to dower 
 of her husband's land, where no part of it has been assigned her, 
 commanding the tenant, or person deforcing her, to assign her rea- 
 sonable dower. 
 
 In old English law. De advisamento cousilii nostri: with or by the 
 advice of our council ; a phrase in old writs of summons to parlia- 
 ment De setate probanda: a writ of proving age; an old writ 
 which lay to the escheator or sheriff, to summon a jury to inquire 
 whether the heir of a tenant in eapite was, in fact, of age. De allo- 
 cations facienda: a writ for making an allowance; an old writ 
 directed to the lord treasurer and barons of the exchequer, for allow- 
 ing certain officers certain payments made by them. De alto et 
 basso: of high and low ; a phrase expressing the absolute submission 
 15 
 
226 Da 
 
 of all differences to arbitration, v. De haut et de bass. De anno 
 bissextili: of the bissextile or leap year ; the title of a statute 31 
 Henry III., which is in fact a sort of writ or direction to the justices 
 of the Bench, instructing them how the extraordinary day in the 
 leap year was to be reckoned in cases where persons had a day to 
 appear at the distance of a year. De anuna pensione: a writ of an- 
 nual pension ; a writ by which the king having a yearly pension due 
 him out of an abbey or priory, demanded the same of the abbot or 
 prior, for the person named in the writ De annuo redditu: a writ 
 of annuity ; a writ for recovering an annuity. De apostata capiendo: 
 a writ for taking an apostate ; a writ which lay against one who, 
 having entered some order of religion, left it and wandered up and 
 down the country, commanding the sheriff to apprehend him, and 
 deliver him again to his abbot or prior. De arrestandis bonis ne 
 dissipentur: an old writ which lay to seize goods in the hands of a 
 party during the pendency of a suit, to prevent their being made 
 away with. De arrestando ipsnni qui pecnniam recepit: an old 
 writ which lay for the apprehension of one who had taken the king's 
 prest money to serve in the war, and hid himself when he should go. 
 Tie asportatis religiosorum: concerning the property of religious 
 persons carried away ; the title of the statute 35 Edward L passed to 
 check the abuses of clerical possessions. De assisa proroganda: a 
 writ for proroguing an assise ; a writ directed to the justices assigned 
 to take assizes, commanding them to prorogue or postpone an assize 
 to a certain day, where one of the parties could not attend, in con- 
 sequence of being employed in the king's service. De attornato 
 recipiendo: a writ for receiving an attorney ; a writ which lay to 
 the judges of a court, requiring them to receive an attorney for 
 a party. De andiendo et terminando: for hearing and determin- 
 ing ; to hear and determine ; the name of a commission, granted to 
 certain justices, to hear and determine cases of heinous misde- 
 meanor, etc. V. Oyer and terminer. De averiis captis in wither- 
 naminm: a writ for taking cattle in withernam, v. Withernam. De 
 averiis replegiandis: a writ for replevying beasts ; the old writ 
 of replevin, -v. Beplegiari facias; Replevin. De averiis retornan- 
 dis: for returning the cattle; a term applied to pledges given 
 in the old action of replevin. De avo: a writ of aiel or ayle. 
 De banco: of the Bench ; a term applied to' the .justices of the court 
 of Common Pleas, or Bench, as it was originally' styled. De bene 
 esse: of well being ; of form ; of mere form ; of necessary, sufficient 
 or advisable form; of good precaution; of contingent utility or 
 necessity ; of conditional or permissive validity. To pass as a mat- 
 ter of form ; to be advisable in point of form ; to be allowed as of 
 present formal sufficiency, with reference to something future. De 
 bigamis: concerning men twice married-; the title of the statute 4 
 Edw. I., st. 3, V. Bigamus; Bigamy. De bonis non amorendis: a 
 
DE. 227 
 
 writ for not removing goods ; a writ directed to the sheriffs of Lon- 
 don, commanding them, in cases where a writ of error was brought 
 by a defendant against whom a judgment was recovered, to see 
 that his goods and chattels were safely kept without being removed, 
 while the error remained undetermined. De bono et malo: for 
 good and evil ; a phrase in old pleadings, by which a party accused 
 or appealed put himself upon a jury ; the name of a special writ of 
 gaol delivery. De calceto reparando: a writ for repairing a cause- 
 way ; a writ by which the sheriff was commanded to distrain the 
 inhabitants of a place to repair and maintain a causeway. De cap- 
 italibns doininis feodi: of the chief lords of the fee ; a phrase in 
 ancient charters, denoting tenure. De cartis [or chartis] redden- 
 dis: a writ for rendering or redelivering charters, or deeds ; a writ 
 of detinue of charters, v. De catallis reddendis. De catallis red- 
 dendis: a writ for rendering chattels ; a writ of detinue. De can- 
 tione admittenda: a writ to take caution or security ; a writ which 
 lay against a bishop who held an excommunicated person in prison 
 for contempt, although he had offered sufficient security to obey 
 the commands of the church, commanding him to take the security 
 and release-the prisoner. De certiflcaiido: a writ for certifying, or 
 requiring a thing to bo certified ; a species of certiorari. De cer- 
 tiorando: a writ for certifying ; a writ directed to the sheriff, re- 
 quiring him to certify to a particular fact De chaiupertia: a writ 
 of champerty ; a writ directed to the justices of the Bench, com- 
 manding the enforcement of the statute" of champertors. De chi- 
 mino: a writ of way ; a writ for the enforcement of a right of way. 
 V. Quod permittat. De cibariis utendis: of victuals to be used; 
 the title of a sumptuary statute passed 10 Edw. III., st. 3, to restrain 
 the expense of entertainments. Do claiuia admittenda in itinere 
 per attornatam: a writ by which the king commanded the justices 
 in eyre, to admit a claim by attorney, where the party was employed 
 in the king's service, and could not come in person. De clerico 
 capto per statatum mercatorinm dcliberando: a writ for deliver- 
 ing a clerk arrested on a statute merchant ; a writ for the delivery of 
 a clerk imprisoned on the breach of a statute merchant De clerico 
 convicto deliberando, etc.: v. Ad deliberandum clericum. De clerico 
 'infra sacros ordines constituto non eligendo in offlcium: a writ 
 directed to bailiffs, or others who had thrust a bailiwick or beadleship 
 Hpon one in holy orders, commanding them to release him, or to desist 
 from their attempts to compel him to discharge the office. De clero: 
 concerning the clergy; the title of the statute 25 Edw. IIL, st 3. 
 De coinbnstione domoruni: of house-burning ; one of the kinds of ap- 
 peal formerly in use. De coiumnni consilio regnl: by the common 
 council or parliament of the kingdom ; a phrase anciently used in re- 
 citing the passage of statutes. De compiito: a writ of account ; a writ 
 commanding a defendant to render a reasonable account to the plaint- 
 
228 DE. 
 
 iff, or show cause, y. Account; Computus. De conjunctim feoffatis: 
 concerning persons jointly enfeoffed, or seised ; the title of the stat- 
 ute 34 Edward I., passed to prevent the delay occasioned by a plead- 
 ing of a joint seisin. De cousang^nineo or de consanguinitate: a 
 writ of cosinage. v. Consanguineus; Cosin; Cosinage. De con- 
 gpiratione: a writ of conspiracy ; a writ which lay where two or 
 more persons maliciously and covinously conspired to indict a per- 
 son afterwards acquitted, v. Conspiracy. De consuetndinibus et 
 servitiis: a writ of customs and services ; a writ which lay for a 
 lord against his tenant, who withheld rents and services due. v. Cus- 
 toms. De continuando assisam: a writ to continue an assise. De 
 contributioue facienda: a writ for making contribution ; a writ 
 founded on the statute of Marlbridge, to compel coparceners, or 
 tenants in common, to aid the eldest in performing the services due, 
 or to make contribution, where the services had been performed. 
 De conventione: a writ of covenant v. Covenant. De copia li- 
 belli deliberanda: a writ for delivering the copy of a libel ; a writ 
 directed to the judge of a spiritual court, commanding him to de- 
 liver to a defendant a copy of the libel filed against him. De cor- 
 rodio liabendo: a writ for having a corody ; a writ to exact a coi'ody 
 from a religious house, v. Corody. De curia claudenda: a writ 
 for closing a court ; a writ now disused, to compel a party to close 
 or enclose his court, or land about his house. De custodia terrse et 
 hseredis: a writ of ward, or w^itof right of ward; a writ which lay 
 for a guardian in knight's service or in socage, to recover the pos- 
 session and custody of the infant, or the wardship of the land and 
 heir. De debito: a writ of debt De deceptione; a writ of deceit, 
 or disceit ; a wiit which lay where one did any thing in the 
 name of another, by which the other was damnified and de- 
 ceived. De dlversis libertatibus clero concessis: of divers priv- 
 ileges granted to the clergy ; the title of a statute or capitulary of 9 
 Edw. II. De domo reparanda: a writ for x-epairing a house; a 
 writ which lay to compel a man to repair his house, when it threat- 
 ened to fall, to the nuisance of another's freehold. De dote assig- 
 nanda: a writ for assigning dower ; a writ which lay for the widow 
 of a tenant in capite, commanding the king's escheator to cause 
 her dower to be assigned. De ejectione custodise: a writ of 
 ejectment of ward ; a writ which lay where a guardian had been 
 forcibly ejected from his wardship. De ejectione flrmse: a writ of 
 ejectment or ejection of farm; a writ which lay where lands or 
 tenements were let for a term of years, and afterwards the lessee 
 was ousted, v. Ejectment; Firma. De escseta: a writ of escheat ; a 
 writ which a lord had, where his tenant died without heir, to re- 
 cover the land. De escambio monetse: a writ of exchange of 
 money ; a writ to authorize a merchant to make a bill of exchange. 
 De esse in peregrinatione: of being on a journey ; a species of essoin. 
 
DE. 229 
 
 De essendo quietnm de theolonio: a writ of being quit of toll ; a writ 
 ■which lay for persons who by charter or prescription were exempted 
 from toll, to enforce such exemption. De essonio de iiialo lecti: a 
 writ of essoin of malum lecti; a writ which issued on an eswin of 
 mahim lecti being cast, to examine whether the party was in fact 
 sick, or not De estoveriis habeiidis: a writ for having estovers; 
 a writ which lay for a wife divorced a mensa et thoro, to recover 
 her alimony or estovers. De estrepaniento: a writ of estrepement; 
 a writ to prevent waste in lands by a tenant, during the pendency 
 of a suit for their recovery, v. Estrepement. De excommunicato 
 capiendo: a writ for taking an excommunicated person ; a writ by 
 which the sheriff was commanded to take an excommunicated per- 
 son, and imprison him in the county gaol, until he was reconciled 
 to the church. De excommunicatio deliberando: a writ for de- 
 livering an excommunicated person from prison, where he had 
 made satisfaction to the church. De excommunicatio recapiendo: 
 a writ for retaking an excommunicated person, where he had been 
 liberated from prison without making satisfaction to the church, or 
 giving security for that purpose. De executione facienda in with- 
 crnamium: a writ for making execution in withernam. De execu- 
 tione judicii: a writ of execution of judgment ; a writ directed to a 
 sherifiE or bailiff, commanding him to do execution. De exemplifl- 
 catione: a writ of exempliiication ; a writ granted for the exempli- 
 fication of an original. De exoneratione sectse: a writ of exon- 
 eration of suit; a writ that lay for the king's ward to be discharged 
 of all suit to the county court, hundred, leet, or court baron, during 
 the time of his wardship. De expensis luilitum lerandis: a writ 
 for levying the expenses of knights ; a writ directed to the sheriff, 
 for levying the allowance for knights of the shire in parliament 
 De expensis militum non levandis: a writ to abstain from levying 
 such expenses in certain cases. De falso judicio: a writ of false 
 judgment v. False Judgment. De falso moneta: of false money ; 
 the title of the statute 37 Edward I. ordaining that persons import- 
 ing certain coins should forfeit their lives, goods, etc. De feodo: of 
 fee; in fee; — suo: of his fee; belonging to his fee. De fine capi- 
 endo pro terris: a writ which lay for a juror attainted for a false 
 verdict, to obtain release of his person, lands and goods, on payment 
 of a fine. De fine non capiendo pro pulclire placitando: a writ 
 prohibiting the taking of fines for beau pleader. De fine pro redis- 
 seisiua capiendo: a writ which lay for the release of one imprisoned 
 for a re-disseisin, on payment of a reasonable fine. De finibus leva- 
 tis: concerning fines levied ; the title of the statute of 27 Edward I., 
 requiring fines thereafter levied to be road in court De forisfac- 
 tnra maritagii: a writ of forfeiture of marriage. Dft frangentibns 
 prisonam: concerning those that break prison ; the title of the stat- 
 ute of 1 Edward II. ordainii^g that prisoners who broke prison should 
 
230 DE. 
 
 not have judgment of life or limb therefor unless the cause of im- 
 prisonment required such a judgment. De furto: of theft ; a kind of 
 criminal appeal formerly in us& De gestn et fiinia: of behavior 
 and reputation ; a writ which lay where a person's conduct and repu- 
 tation were impeached. De gratia: of grace or favor ; — speclali, 
 ex certa scientia, et mere motu: of special grace, certain knowledge 
 and mere motion ; formal words used in royal grants and patents. 
 De haerede deliberando illi qui habet custodiam terrae: a writ for 
 delivering an heir to one who has wardship of the land ; a writ di- 
 rected to the sheriff to require one who had the body of a ward to 
 deliver him to the person having wardship. De hserede rapto et ab- 
 ducto: a writ concerning an heir ravished and carried away ; a writ 
 which lay for a lord who having the wardship of a tenant under age, 
 could not obtain his body, because carried away by another. De 
 hasretico combureiido: a writ for burning a heretic ; a writ which 
 lay against a heretic who having been convicted of heresy and ab- 
 jured, afterwards fell again, and was thereupon delivered over to the 
 secular power. De homagio respectuando: a writ for respiting or 
 postponing homage. De homlne capto [capiendo] in ivitherna- 
 minm: a writ for taking a man in withernam ; a writ that lay to take 
 in withernam one who had taken a bondman or woman, and led him 
 or her out of the county, so that he or she could not be replevied. 
 De hoinine replegiando: a writ for replevying a man ; a writ to re- 
 plevy a man out of prison or out of the custody of any private person, 
 upon giving security to the sheriff. De ideraptitate {or identitate) 
 nominis: a writ respecting identity of name ; a wi-it which lay for 
 one who was arrested in a personal action, and committed to prison 
 for another of the same name. De idiota inqnirendo: a writ to in- 
 quire whether a man be an idiot or not. De iis qui ponendi sunt 
 in assisis: of those who are to be put on assises ; ; the title of a statute 
 31 Edward I. defining the qualifications of jurors. De inflrmitate: of 
 infirmity ; the principal essoin in the time of Glanville ; afterwards 
 called de malo. v. De malo; Essoin. De ingressu: a writ of entry. 
 V. Entry. De intrusione: a writ of intrusion ; a writ which lay for 
 a revei'sioner, where tenant for life or in dower, or by the curtesy, 
 died seised of the estate for life, and afterwards a stranger intruded. 
 De Judaismo: concerning Judaism ; the title of a statute 18 Edward I. 
 prohibiting usury, v. Judaismus. De leproso amovendo: a writ 
 for removing a leper ; a writ to remove a leper who thrust himself 
 into the company of his neighbors. De libera falda: a writ of free 
 fold ; a species of quod permittat. De libera piscaria: a writ of 
 free fishery; a species of quod permittat. De libero passagio: 
 a writ of free passage ; a species of quod permittat. De libertate 
 probanda: a writ for proving property ; a writ which lay for those 
 who being demanded for villeins or neifs offered to prove thetn- 
 selves free. De libertatibus allocandis: a writ for allowing lib- 
 
DE. 231 
 
 erties; a writ which lay for a citizen or burgess entitled to cer- 
 tain liberties, to have them allowed. De libertatibiis perquirendis: 
 the title of a statute passed 37 Edw. I, st 3. De liceiitia trans- 
 fretandi: a writ of permission to cross the sea. De niag^na assisa 
 eligenda: a writ of, or for choosing the grand assise. Vi Grand 
 assise. De malo: of infirmity or illness; — lecti: of infirmity 
 or illness of [in] bed ; a species of essoin or excuse for non-appear- 
 ance in court, formerly allowed a defendant ; — venieiidi: of 
 infirmity or misfortune in coming ; a species of essoin or excuse for 
 non-appearance in court, formerly allowed a defendant, the excuse 
 being that, while on the way to court, such an infirmity befel hirii 
 thab he could not attend ; — villae: of illness in a town ; a species 
 of essoin, where a party had appeared but was afterwards, before 
 answer, taken ill in the town where the court sat, and was unable 
 to attend. De manncaptione: a writ of manucaption, or mainprise ; 
 a writ which lay for one who, being taken and imprisoned on a 
 charge of felony, had offered bail, which had been refused, requir- 
 ing the sheriff to discharge him on his finding sufficient bail. De 
 manutenendo: a writ of maintenance ; a writ which lay against a 
 person for maintenance. De luedietate lingua: of half -tongue; 
 i. e. half of one tongue or language, and half of another, — applied to 
 a jury of which half consisted of natives, and the other half of 
 aliens, and which was allowed where one of the parties was an 
 alien. De medio: a writ of mesne; a* writ in the nature of a writ 
 of right, which lay for an under-tenant against the mesne or middle 
 lord, where, upon a subinfeudation, the lord suffered him to be dis- 
 trained upon by the lord paramount for the rent due from the mesne 
 lord. De mercatoribns: of merchants ; the title of two statutes of 
 Edward L De militibns: of, or concerning knights; the title of a 
 statute of Edw. IL, the object of which was to abate that part of the 
 feudal system which required every one possessed of a knight's fee 
 to take the order of knighthood. De minis: a writ of threats ; a writ 
 which lay where a person was threatened with personal violence, or 
 the destruction of his property, to compel the offender to keep the 
 peace. De mittendo tenorem recordi, etc.: a writ to send the tenor 
 of a record, or to exemplify it under the great seal De raoderata 
 misericordia capieiida: a writ for taking a moderate amercement ; a 
 writ which lay for one who was excessively amerced in a court not of 
 record, directed to thelord of the court, or his bailiff, commanding him 
 to take a moderate amercement De mode decimandi: of a modus 
 of tithing ; applied to a prescription to have a special manner of 
 tithing. De moneta: concerning money ; the title of three statutes of 
 Edward I. De morte homiiiis nulla est cnnctatio longa: where 
 the death of a human being is concerned, no delay is [considered] long. 
 De natiTO habendo: a writ for having one's villein ; a writ which 
 liiv for a lord whose villein had fled from him, directed to the sheril^ 
 
232 DR 
 
 commanding him to apprehend the villein, and restore him, with 
 all his chattels. De non decimando: of not paying tithes ; applied 
 to a prescription or claim to be entirely discharged of tithes. De 
 non procedendo ad assisum: a writ for not proceeding to take an 
 assise ; a writ, directed to the justices assigned to hold assises, com- 
 manding them not to proceed to take an assise in a particular case. 
 De odio et atia: a writ of hatred and malice ; a writ wliich lay for a 
 person committed to prison on a charge of homicide, and who other- 
 wise could not be bailed. De officio coronatoris: concerning the oflSce 
 of coroner ; the title of the statute 4 Edw. L, enumerating the duties 
 of the office. De onerahdo pro rata portione: a writ for charging 
 according to a ratable proportion ; a writ which lay for a joint tenant, 
 or tenant in common, who was distrained for more than his pro- 
 portion of the rent. De pace: of or for peace or the peace ; — et le- 
 galitate tnenda: for keeping the peace, and for good behavior ; — et 
 plagis: of peace [breach of peace] and wounds ; a kind of criminal ap- 
 peal formerly in use ; — et roberia: of peace [breach of peace] and 
 robbery ; a kind of criminal appeal formerly in use ; — et imprisona- 
 mento: of [breach of] peace and imprisonment; a kind of appeal 
 formerly in use ; — infracto: of peace broken ; of breach of the 
 peace. De parco fracto: a writ of pound breach ; a writ which lay 
 against one who violently broke a pound, etc. De partitione faei- 
 enda: a writ for making partition ; a writ which lay to make parti- 
 tion of lands or tenements held by several pro indiviso as coparce- 
 ners, etc. De passagio: of passage ; — sjmplici: of simple passage. 
 V. De ultra mare. De perambulation e facienda: a writ for making 
 perambulation; a writ which lay to ascertain the boundaries of 
 lands. V. Perambulation. De peregrinatione: of pilgrimage ; — et 
 passagio generali: of pilgrimage and general passage. De pipa 
 Tini carlanda: a writ of trespass for carrying a pipe of wine so 
 carelessly that it was stove, and the contents lost. De plagis et 
 maliemio: of wounds and maihem; the name of a criminal appeal 
 formerly in use. De plegiis acquietandis: a writ for acquitting or 
 releasing pledges ; a writ that lay for a surety who had been com- 
 pelled to pay, to recover of his principal. De pone: a writ of pone. 
 V. Pone. De ponendo sigillum ad exceptionem: a writ for putting 
 a seal to an exception. De post disseisina: a writ of post disseisin ; 
 a writ which lay for one who, having recovered lands or tenements 
 by proecipe quod reddat, on default or reddition, was again disseised 
 by the former disseisor. De prserogativa regis: of the king's pre- 
 rogative ; the title of the statute 17 Edward II., st 1, defining the 
 prerogatives of the crown on certain subjects. De procedendo in 
 assisa: a writ for proceeding in an assise ; a writ by which the jus- 
 tices of assise were commanded to proceed where the proceedings 
 had been stayed. De proprietate probanda: a writ for proving 
 property ; a writ directed to the sheriff, to inquire of the property of 
 
DR 233 
 
 goods distrained. De protectionibns: of or concerning protections ; 
 the title of a statute 33 Edward I. to prevent some of the evil conse- 
 quences of the privileges given by writs of protection. De proteo- 
 tione: a writ of protection, v. Protection. De raptu virgiiiTim: of 
 the ravishment of maids ; an appeal formerly in use in cases of rape. 
 De rationabilibns devisis: a writ for fixing reasonable boundaries; 
 a writ which lay to settle the boundaries between the lands of per- 
 sons in different towns. De rationabili parte bonorum: a writ which 
 lay for the wife and children of a deceased person against his execu- 
 tors, to recover their reasonable part or shai-e of his goods, v. Reason- 
 able part. De recordo et processu initteudis: a writ to send the rec- 
 ord and process of a cause to a superior court ; a sort of writ of error. 
 De recto: a writ of right De recto deflcere: to fail of right ; to fail 
 in doing justice. De recto patens: a writ of right patent De recto 
 de dote: a writ of right of dower. De recto de rationabili parte: a 
 writ of right, of reasonable part ; a writ which lay between privies in 
 blood, where one was deprived of his share. De recto de advoca- 
 tione: a writ of right of advowson ; a writ which lay for one who had 
 an estate in advowson to him and his heirs in fee-simple, where he was 
 disturbed in presenting. De redisseislna: a writ of re-disseisin ; a 
 writ which lay where a man recovered by assise of novel disseisin 
 land, rent or common, and the like, and was put in possession by 
 verdict, and afterwards disseised by the same person. De repleg'iare 
 {or replegiari): a writ of replevin. De rescnssu: a writ of rescue or 
 rescous ; a writ which lay where cattle distrained, or persons ar- 
 rested, were rescued. De salya gfardia: a writ of safeguard ; a writ 
 in the nature of a protection, which was allowed to strangers seek- 
 ing their right by course of law in England, and apprehending vio- 
 lence or injury to their persons or property, v. Safeguard. De 
 salvo condnctu: a writ of safe conduct v. Safe conduct. De scac- 
 cario: of, or concerning the exchequer ; the title of a statute of 
 51 Henry III. De scutagio habendo: a writ for having (or to 
 have) escuage or scutage; a writ which lay against tenants by 
 knight-service, to compel them to serve in the king's wars or send 
 substitutes, or to pay a sum of money. De se bene gerendo: for 
 behaving himself well ; for his good behavior. De secta ad molen- 
 dinuin: a writ of suit at mill ; a writ for compelling suit to a mill. 
 De secnnda superoneratioiie: a writ of second surcharge ; a writ 
 which lay where admeasurement of pasture had been made, and he 
 who first surcharged did it a second tima De servitio regis: of the 
 king's service ; a kind of essoin, or excuse by the defendant for not 
 appearing, the ground being detention in the king's service. De stat- 
 nto: writs founded upon statute. De statute mercatorio: a writ of 
 statute-merchant ; a writ which lay for imprisonmg him who had for- 
 feited a statute-merchant bond, until the debt was satisfied. De stat- 
 ute stapnlae: a writ of statute staple ; a writ that lay to take the body 
 
234 ' DE. 
 
 to prison, and seize npon the lands and goods of one who had for- 
 feited the bond called statute staple, v. Statute staple. De super- 
 oneratione pastnrse: a writ of surcharge of pasture ; a writ which 
 lay for one impleaded in the county court, for surcharging a com- 
 mon, where he was formerly impleaded in the same court, and the 
 cause was removed into one of the courts at Westminster. De sylra 
 csedaa: a writ concerning coppice wood. De tallagio noii conce- 
 dendo: of not granting tallage ; the title of a statute of 34 Edward 1, 
 St 4, declaring that no tallage or aid should be imposed or levied by 
 the king without consent of lords and commons. De terra sancta: 
 of the Holy land ; a species of essoin, the ground of which was that 
 the party had gone to the Holy land. v. Essoin. De theolonio: a writ 
 of toll ; a writ of trespass which lay where a person was prevented 
 from taking toll. De transcripto pedis finis leyati mittendo: a writ 
 for sending the trausoript of the foot of a fine levied. De transgres- 
 sione: a writ of trespass, v. Trespass. De transgressione ad aadi- 
 endum et terminaudum: a writ for hearing and determining any 
 outrage or misdemeanor, v. Ad audiendum et terminandum; Oyer 
 and terminer. De nltra mare [or de trans mare]: of beyond sea ; 
 a species of essoin, the ground of which was that the party was de- 
 tained in parts beyond the seas. v. Essoin. De uxore rapta et ab- 
 ducta: a writ which lay where a man's wife had been ravished and 
 carried away ; a species of writ of trespass. De yasto: a writ of 
 waste ; a writ which lay for a reversioner or remainderman against 
 a tenant for life, or for years, where the latter had committed 
 waste, — calling on the tenant to appear and show cause. De ventre 
 inspiciendo: a writ of (or for) inspecting the belly ; a writ which a 
 presumptive heir may have in England, to examine a widow sus- 
 pected of feigning herself pregnant ; a writ of the same nature is- 
 sued where a woman sentenced to be executed pleaded pregnancy. 
 De Ti lalca amovenda: a writ of (or for) removing lay force ; a 
 writ which lay where two parsons contended for a church, and one 
 of them entered with a number of laymen, and held out the other 
 vi et armis. De yiridario eligendo: a writ to elect a verderoi-. De 
 Tlridi et venatione: of vert and venison; of, or relating to the 
 green-sward of the king's forests, or the king's deer. De war- 
 rantia chartse: a vprit of warranty of charter ; a writ which lay for 
 him who was enfeoffed, with clause of warranty, and afterwards im- 
 pleaded in an assise or other action, in which he could not vouch or 
 call to warranty. De warrantia diei: a writ of warranty of day, 
 or of- warranty of default for a day; a writ which lay where one 
 having a day assigned personally to appear in court, was employed 
 in the king's service, so that he could not come at the day appointed, 
 commanding the justices not to default him. 
 In Scots law. De arte et parte: of art and part. v. Art and part. 
 De judicio sisti: for appearing in court; applied to bail for a de- 
 
DE — DEAD-FREIGHT. 235 
 
 fendant's appearance. De jndicato solvendo: for payment of the 
 amount adjudged ; applied to bail to the action, or special bail. 
 In the civil law. De aleatoribns: about gamesters. De ainbitn: 
 concerning bribery, v. Ambitus. De appellationibus: about ap- 
 peals. De arboribus ciedendis: about cutting trees. De capita 
 minutis: of those who have lost their status, or civil condition. 
 De cominnni dividnndo: for dividing a thing held in common. 
 V. Communi dividundo. De constituta pecunia: v. Actio de pe- 
 cunia constituta. De debitore In partes secando: of cutting a 
 debtor in pieces; the title of a law in the Twelve Tables, taken, 
 by some authorities, to have a literal, by others to have a figura- 
 tive, meaning. De dirersis regulis juris antiqni: of divers rules 
 of the ancient law; a celebrated title of the Digests. De dolo 
 malo: of, or founded upon fraud, v. Actio de dolo malo. De 
 donationibus: of gifts. De excusationibns: of excuses; the first 
 title of the twenty-seventh book of the Digests. De fugitivis: 
 of fugitives. De iii rem A'erso: v. Actio de in rem verso. De 
 inofficioso testameuto: concerning an inofficious or undutiful will. 
 V. Inofficiosum. De jactis in mare lerandse navis causa: con- 
 cerning things thrown into the sea, for the purpose of lightening a 
 ship. De jndiciis: of judicial proceedings ; the title of the second 
 part of the Digests or Pandects. De legatis et lidei commissis: of 
 legacies and trusts. De lege Bliodia de jactn: of the Ehodian law 
 of jettison ; a title of the Pandects, in which the Rhodian law of 
 jettison is adopted. De nantico foenore: of maritime interest. De 
 novi operis nunciatione: concerning the prohibition of a new 
 work. De peculio actio: v. Actio de peculio. De pignore snr- 
 repto fnrti, actio: an action to recover a pledge stolen. De piano: 
 without form; in a summary manner. De rebus: of things; the 
 title of the third part of the Digests or Pandects. De rebus dubiis: 
 of doubtful things or matters. De rivis: of water-courses. De 
 tabulis exhibendis: of showing the tablets of a will. De testa- 
 mentis: of testaments ; the title of the fifth part of the Digests or 
 Pandects. De rerborum signiflcatione: of the signification of 
 words; an important title of the Digests or Pandects, consisting 
 entirely of definitions of words and phrases used in the Roman law. 
 
 Dead man's part, or death's part. In English law. That portion of 
 the effects of a deceased person which, by the custom of London and 
 York, is allowed to the administrator. 
 
 Dead's part. In Scots law. That portion of the property of a decedent 
 which remained over the share of the widow, and the children's law- 
 ful portion, — so called because the decedent had full power to dispose 
 of it 
 
 Dead-freight. In maritime law. A kind of freight payable by the char- 
 terer when the cargo in respect of which it is payable, or some part 
 of it, has, from some cause on the part of the charterer, not been con- 
 veyed as provided. 
 
236 DEADLY -DEBITA. 
 
 Deadly fend. In the Saxon law. A profession of Irreconcilable hatred 
 against an enemy, until revenge were obtained even by his death. 
 
 Deadpledge. A mortgage, v. Mortgage; Mortiiiim vadium. 
 
 Deadvocare, I. I. In old English law. To abandon a cause or give up 
 its advocacy ; to disavow or disclaim ; to refuse to acknowledge. 
 
 De-afforest. In English law. To discharge from being a forest ; to re- 
 lease from the forest law. v. Disafforest. 
 
 Deafforestare, II In old English law. To de-aflEorest or disafforest. 
 
 Dealbare, I. I. In old English law. To whiten or make white. Deal- 
 bare flrraam: to whiten rent or farm ; that is, to convert the base 
 money in which rent was paid into silver or its value ; to reduce it 
 to the fineness of standard silver by melting it down in the excheq- 
 uer, or make it equal to silver by paying the difference in value. 
 
 Dean. In English ecclesiastical law. An ecclesiastical dignitary who 
 presides over the chapter of a cathedral, and is next in rank to the 
 bishop. \. Decaniis. Dean and chapter: a spiritual corporation con- 
 stituting the council of a bishop, to assist him with their advice in 
 affairs of religion, and also in the temporal concerns of his see. 
 Dean of the arches: the presiding judge of the Court of Arches. 
 
 Deathbed. In Scots law. A state of sickness which ends in death. 
 Deathbed deed: a deed made by a person ill of an illness of which 
 he afterwards dies. 
 
 Debas, debase, I. fr. Below ; under ; beneath. 
 
 Debent, I. In old English law. They owe ; ,they ought 
 
 Debenture. A custom-house certificate, entitling the exporter of im- 
 ported goods to a drawback of duties paid on their importation ; an 
 instrument by which government is charged to pay to a creditor or 
 his assigns the sum found due on auditing his accounts. 
 
 Debet, I. He owes ; he ought ; it ought ; there ought ; one ought ; ought 
 Debet esse flnls litinm: there ought to be an end of suits. Debet 
 et detinet: he owes and detains ; words anciently used in the origi- 
 nal writ, and now, in English, in the plaintiff's declaration, in an ac 
 tion of debt, brought by one of the original contracting parties who 
 personally gave the credit, against the other who personally incurred 
 the debt, or against his heirs, if they were bound to the payment 
 Debet et solet: he ought and has been used [to do] ; words in a writ 
 importing that the action is for that which is now for the first time 
 withheld. Debet quis juri subjacere ubi delinqnit: one [every 
 one] ought to be subject to the law [of the place] where he offends. 
 
 Debile fnndamentum fallit opns, I. A weak foundation frustrates the 
 work. 
 
 Webita, I. Debts. Debita sequuntnr personam debitoris: debts follow 
 the person of the debtor. 
 In old English laiv. Debita laicoruin: debts of the laity, or of lay 
 
 persons ; debts recoverable in the civil courts. 
 In Scots law. Debita fundi: debts secured upon land, 
 
DEBITO — DECANUS. 237 
 
 Debito aut legitime niodo, I. In a due or lawful manner. Debito 
 modo: in due manner ; duly ; — electus: duly elected. 
 
 Debitor, I. A debtor. Debitor Intelligatiir Is a quo invito exijji pc- 
 cunia potest: a debtor may be understood to be one from whom 
 money may be exacted against his will. Debitor non prsesumitnr 
 douare: a debtor is not presumed to make a gift; whatever disposi- 
 tion he makes of his property is supposed to be in satisfaction of his 
 debts. Debitorum pactiouibus creditorura petitio nee tolli iicc 
 minui potest: a claim of creditors can neither be lost nor modified 
 through agreements made among debtors. 
 
 Debitum, I. A thing due or owing; a debt. Debitum et contractus 
 sunt nnllins loci: debt and contract are of [belong to] no place ; 
 have no particular locality. Debitum In prassenti, solvendum in 
 future: a debt due at present, to be paid in future; applied to ob- 
 ligations which are absolute or perfect when contracted, though not 
 payable before a certain future day, as bonds and notes. 
 In Scots law. Debitum fundi: a debt of the ground ; a debt which 
 is a charge upon real estate. 
 
 Debruser, I fr. To break ; to break down, as a hedge ; to break to 
 pieces. 
 
 Debrusure, I. fr. A breaking. 
 
 Debt. A sum of money due by certain and express agreement ; an action 
 to recover a certain sum of money, or a sum that can readily be re- 
 duced to a certainty. Debt by specialty: a debt due, or acknowl- 
 edged to be due, by an instrument under seal. Debt by simple 
 contract: a debt or obligation arising upon a contract ascertained 
 by oral evidence, or some written contract not under seal. Debt 
 ex mutuo: a species of debt or obligation which arose ex mutuo, out 
 of a certain kind of loan. Debt of record: a debt witnessed by a 
 judgment or recognizance. 
 
 Debtee. A person to whom a debt is due ; a creditor. 
 
 Debtor. A person who owes a sum of money, or is indebted to an- 
 other. Debtor in solido: v. In solido. 
 
 Deca, decea, decha, I. fr. On this side ; from this ; hence. Decea la 
 meer: on this side of the sea. 
 
 Decanatns, I. I. A deanery ; a company of ten persons. 
 
 Decania, I. I. The office, jurisdiction, territory or command of a de- 
 carms, or dean. v. Deoanus. 
 
 Deeanus, I. In civil, ecclesiastical, and old European law. An officer 
 having supervision over ten ; a dean. Deoanus episcopi: a bishop's 
 or rural dean, presiding over ten clerks or parishes. Deeanus fri- 
 borgi: dean of a f riborg ; an officer among the Saxons, who pre- 
 sided over a friborg, tithing, decennary, or association of ten inhab- 
 itants; otherwise called a tithing man, or borsholder. Deeanus in 
 major! ecclesia: dean of a cathedral church, presiding over ten 
 prebendaries. Deeanus militaris: a military officer having com- 
 
238 DECANUS — DECIE& 
 
 mand of ten soldiers. Decanns raonasticns: a monastic dean, or 
 dean of a monastery ; an officer over ten monks. 
 
 Decedens, I. In old English law. Dying ; a person dying ; a deceased 
 person. 
 
 Decedent. Deceased ; a deceased person. 
 
 Decedere, Z. In old English law. To die; to decease: Decessit: he 
 died. 
 In the civil law. To depart, that is, from life ; to dia 
 
 Deceit. A false representation or contrivance by which one person 
 misleads another to his injuiy; an action in trespass on the case to 
 recover damages therefor. 
 In old English law. Any subtle trick or device used to deceive or de- 
 fraud which had no other name ; an original writ to recover dam- 
 ages for deceit by way of forgery collusion or fraudulent misrepre- 
 sentation ; a judicial writ in the Common Bench to recover lands 
 lost in a real action through a collusive default of a tenant. 
 
 Decern tales, I. I. In English law. Ten such, or ten tales ; a writ to 
 summon ten jurors to make up a deficiency in the panel. 
 
 Decemviri litibns jndicandis, I. In the Roman law. Ten persons 
 who acted as the assistants of the praetor, when he decided on mat- 
 ters of law, or who were themselves judges. 
 
 Decenna, 1. 1. In old English law. A tithing or decennaiy ; the pre- 
 cinct of a frank-pledge, consisting of ten freeholders with their fam- 
 ilies. V. Decennary; Tithing; Frank-pledge; Friborg. ^ 
 
 Dccennarius, decinarius, I. I A deciner ; a handborowe. v. Deciner; 
 Frank-pledge. 
 
 Decennary. A tithing, composed of ten neighboring families. 
 
 Deceptis, non decipientibus, jura snbveniunt, I. The laws assist the 
 deceived, not those deceiving. 
 
 Deceptio, I. Deceit v. Deceit. 
 
 Decern. In Scots law. To decrea 
 
 Decernere, I. In civil and old English law. To decree.; to decide. 
 
 Decessus, I In old English law. Decease ; death ; departure, v. De- 
 parture. 
 In the civil law. Decease ; death. 
 
 Decet, I. It is becoming ; it is proper. Decet tameu principem ser- 
 vare leges quibas ipse solutns est: yet it is becoming for the prince 
 to observe the laws from which he himself is released. 
 
 Decidere, L In old English law. To decide ; to put an end to ; to fall, or 
 fall to ; to remain to ; to escheat 
 In the civil law. To decide ; to determine judicially. 
 
 Decies tantnm, I. I. In old English law. Ten times as much ; a writ 
 given by the statute 38 Edw. Ill, cc. 12, 13 ; or by 34 Edw. III., c. 8, 
 which lay against a juror who had taken money of either party for 
 giving his verdict, to recover ten times as much as the sum taken, 
 or against embraceors for intermeddling with a jury. 
 
DECIJLE — DECLINATURE. £39 
 
 Decimae, /. ?., Dismes, i./r. In Englisih ecclesiastical law. Tithes; tenths; 
 the tenth part of the annual profit of livings, or benefices, formerly 
 claimed of the clergy by the papal see, and afterwards made a part 
 of the royal revenue, v. Tithes. 
 
 Deciner, desiner,desnier, dezyner.angiZ-norm. In old English law. One 
 of a decennary, or tithing ; a hand-borow. v. Decennary; Friborg. 
 
 Decision. The result of deliberation ; the judicial determination of a 
 question. Decision, rules of: the laws of the several states in the 
 federal courts, except where treaties or the federal constitution or 
 statutes otherwise require. 
 
 Decisive or decisory oath. In the civil law. A mode of trial where 
 one of the parties, not being able to prove his charge, offered to refer 
 the decision of the cause to the oath of his adversary ; the oath so 
 taken, v. Saeramentum decisionis. 
 
 Declamatio, I I In old English law. Proclamation. 
 
 Declaration. A statement explicitly made ; the written statement by a 
 plaintiff of his cause of action ; the first pleading in a civil action ; 
 a count V. Dying declaration. Declaration of intention: the act 
 by which an alien declares, before a court of record, that he intends 
 to become a citizen of the United States. Declaration of rights: 
 the formal statement of fundamental principles which accompanies 
 a written constitution. Declaration of trust: the creation or ac- 
 knowledgment of a trust ; a declaration by a party who has made a 
 conveyance to another, th^t the subject conveyed is to be held in 
 trust; a specification of the trusts upon which the subject is con- 
 veyed ; an acknowledgment by a person that property of which he 
 holds the title is held in trust for another ; the writing by which such 
 declaration or acknowledgment is made. 
 In Scots law. The statement of a criminal or prisoner taken before a 
 magistrate. 
 
 Declarator. In Scots law. An actioil by which a party prays some- 
 thing to be declared in his favor. 
 
 Declaratory. Making certain what otherwise would be obscure or 
 doubtful ; explanatory ; aflirmatory. Declaratory statute: a stat- 
 ute which, instead of introducing a new law, only declares what is 
 the existing law. 
 In Scots law. Declaratory action: an action in which some right is 
 sought to be declared in favor of the pursuer, but nothing is de- 
 manded to be paid or performed by the defender. 
 
 Declare. To announce or afSrm as a fact ; to state solemnly before wit- 
 nesses ; to state a cause of action in accordance with the rules of 
 pleading. 
 
 Declarant. A person who declares, who aflSrms a thing as a fact 
 
 Declinatory pica. In old English law. The plea of sanctuary, or of 
 benefit of clergy, before trial or conviction. 
 
 Declinature. In Scots law. An objection to the jurisdiction of a 
 judga 
 
240 DECLINE — DECEETUJt 
 
 Decline. In Scots law. To object to. Declined: objected to. 
 
 Decoctor, I. In the Roman law. A bankrupt; a spendthrift ; one who 
 squandered the public money. 
 
 DecoUatio, I. In old English and Scots law. The punishment of be- 
 heading; decollation. DecoUat': beheaded. 
 
 Decoy letter. A letter prepared and posted with a view to the detec- 
 tion of a criminal. 
 
 Decree. The judgment of a court of equity or admiralty, answering to 
 the judgment of a court of common law. It is final where it dis- 
 poses of the suit ; interlocutory whex-e it disposes of some pleading 
 or of some inconclusive issue, but not of the main question. 
 In Soots law. The final sentence of a court. Decree of coustitn- 
 tion: a decree by which a debt is ascertained ; a decree requisite to 
 found a title in the person of the creditor, whether that necessity 
 arises from the death of the debtor or of the creditor. Decree of 
 forthcoming': the adjudication of the court, after process of arrest- 
 ment, which entitles the creditor to demand the sum arrested, to be 
 applied for payment of the debt on which thean-estment and forth- 
 coming proceeded, v. Arrestment; Forthcoming. 
 In the civil law. The final sentence of a court 
 
 In the canon law. The first of the two main divisions of the Corpus 
 Juris Canonici. 
 
 Decreet. In Scots law. The decree, judgment or sentence of a court 
 Decreet absolTitor: a decree dismissing a claim, or acquitting a 
 defendant Decreet arbitral: an award of arbitrators. Decreet 
 in absence: a decreet at pronouncing of which either party is ab- 
 sent 
 
 Decrementum maris, I. In old English law. Decrease of the sea ; the 
 receding of the sea from the land. v. Reliction. 
 
 Decretal. In the nature of a decree. Decretal order: an order-vyhich, 
 in an event the result of a direction therein, may lead to the termi- 
 nation of the suit in the manner of a decree at the hearing. 
 
 Decretales, decretals, 1. 1. In ecclesiastical law. The second of the two 
 great divisions of the Corpus Juris Canonici. Decretales (jlrego- 
 rii Noni: decretals of Gregory the Ninth ; a collection of canon law, 
 published in 1234, consisting of five books, each of whicli is subdi- 
 vided into titles, and each title into chapters. Decretales Bonifacii 
 Octari: decretals of Boniface the Eighth ; a collection of canon law, 
 more commonly known as the Liber Sextu^ Dearetalium, or Sextus 
 decretalium. v. Sextus dearetalium. 
 
 Decretnm, I. In the civil law. A species of imperial constitution, 
 being a judgment given by the emperor upon the hearing of a cause. 
 In the canon law. An ecclesiastical law, in contradistinction to a 
 secular law ; the first of the two great divisions of the Corpus Juris 
 Canonici, more commonly known as Decretum Oratiani. Decre- 
 tnm Gratiani: Gratian's decree, or decretum; a collection of eccle- 
 siastical law in three books or parts, made in 1151, being the oldest 
 
DECRETUM — DEDUEE. 241 
 
 and the first in order of the collections which together form the 
 body of the Roman canon law, 
 
 Decnrla, I I. In Saxon law, A tithing or decennary. 
 
 Decnrio, L In the Roman law. A kind of provincial senator ; a mem- 
 ber of a council or senate established in all the great towns in the 
 provinces, constituting a kind of municipal corporation. 
 
 Decnrlonatus, I In the Roman law. The ofiSce of a decurio. 
 
 Dedeins, dedeinz, dedeynz, dedinz, dedeiiz, dedans, dedaynes, 2. /r. 
 Within; in. Dedeins la vierge: within the verga Dedens age: 
 within aga 
 
 Dedi, I. I have given ; the operative and proper word of conveyance in 
 ancient charters of feoffment, and deeds of gift and grant Dedi, 
 concessi, barganizavi et feoffavi: I have given, granted, bar- 
 gained and enfeoffed. Dedi et concessi: I have given and granted. 
 
 Dedication. The appropriation of private property, commonly land, to 
 public uses, either by a formal act on the part of the owner, or by 
 acts from which an appropriation may be legally presumed. 
 
 Dedicere, I I. To deny. Dedicta, dedictnm: denied. 
 
 Dedimns. We have gi'Ven ; a commission to take testimony. Dedimug 
 et concessimns: we have given and granted. 
 In American law. Dedimns potestatem: we have given power; 
 
 sometimes applied to a commission to take testimony. 
 In old English law. Dedimus potestatem: we have given power ; a 
 writ of commission issuing out of chancery, empowering the per- 
 sons named therein to perform certain acts, as to administer oaths 
 to defendants in chancery and take their answers, to administer 
 oaths of office to justices of the peace, eta ; — de attornato re-- 
 cipiendo: we have given the power of receiving an attorney ; a writ 
 or commission from the crown, directed to the judges of a court, . 
 authorizing them to permit a party to appear by attorney. 
 
 Dedire, I fr. To deny. Dedit, deditz: denied. 
 
 Dedisjse, /. To have given. Dedisse et concessisse: to have given and 
 granted, or [that I] have given and granted ; operative words in . 
 ancient charters of feoffment and deeds of grant, v. Dedi et con- - 
 cessi. Dedisse intelligendns est etiam is qni permntavit, vel 
 compeusavit: he is understood to have given, who has exchanged . 
 or compensated. 
 
 Dedit et concessit, I L Hath given and granted ; operative words in 
 ancient charters of feoffment and deeds of grant, where the convey- 
 ance was by indenture. 
 
 Dedititii, 2. An inferior kind of freedmen at one time recognized by 
 the Roman law. 
 
 Deducere, I In old English law. To bring ; to deduct Dedticere ren» 
 in judicium: to bring a thing into court; to make it the subject of 
 judicial investigation. Deducto eere alieno: deducting debts. 
 
 Dedure, deduire, /, fr. To bring. Deduces, dednst, dedulst: brought. 
 16 
 
242 DEED — DEFEND AUNT. 
 
 Deed. A fact or act ; a writing sealed and delivered ; a writing sealed 
 and delivered more especially as a conveyance of land. Deed in- 
 dented: a deed executed in parts, as many as there are parties, sep- 
 arated by cutting in a curved or indented lina v. Indenture. 
 Deed poll: a deed executed in one part, — by one party only, and 
 having the edge polled or evenly cut. 
 In old English law. Deed to lead or declare nses: a deed incident 
 to conveyances by fine and recovery. If made before the fine, etc., 
 called a deed to lead, etc. ; if after, a deed to declare, etc. 
 
 Deemster, demster. A kind of judge in the Isle of Man, who decided 
 all controversies without process, writings or any charge, v. Demp- 
 ster. 
 
 Defalcatio, 1. 1, Defalcation. In old English law. Deduction ; abate- 
 ment 
 
 Defalta, 1. 1. In old English law. Default Defaltam facere: to make 
 default Defaltam sanare: to cure a default 
 
 Defamation. The speaking or writing of words injurious to a person's 
 good fame. Written defamation is otherwise termed libel, and oral 
 defamation slander, v. Libel; Slander. 
 
 Defamator, Z. L In old English law. A defamer. 
 
 Defauder, I fr. To make default 
 
 Default. Omission ; neglect or failure ; omission or non-performance 
 of duty ; failure to appear or to plead in court 
 
 Defante, defaut, I. fr. Default 
 
 Defeasance, defeazance. A collateral deed which provides that another 
 shall be void upon the happening or the performance of certain con- 
 ditions. 
 
 Defectns, L, Defect. Deficiency ; imperfection ; failure ; default ; want 
 Defectus exitns: default of issue, v. Propter defectum. 
 
 Defence. A resistance of an attack ; the answer made by the defendant 
 to the plaintiff's action, by demurrer or plea at law, or answer in 
 equity ; all the proceedings on the part of a defendant, to embarrass, 
 delay or defeat the suit v. Full defence; Half defence. 
 
 Defence, defense, I. fr. In old English law. Prohibition ; denial or 
 refusal ; a state of severalty, or of several or exclusive occupancy ; 
 a state of enclosui-e. v. Defensum; Fencemouth; In defenso. 
 
 Defend. To oppose or resist a claim at law ; to contest a suit; in plead- 
 ing, to deny, as in the phrase " comes and defends," which means 
 merely that the defendant comes and denies the right of the plaintiff. 
 V. Defendemus. 
 In old English law. To prohibit or forbid ; to exclude from use ; to 
 appropriata v. Defendere. 
 
 Defendant, D«fendaunt, I fr. and eng. The party against whom an ac- 
 tion at law or a suit in equity is brought 
 
 Defendannt, I fr. In old English law. Defending ; a defending party ; 
 the party against whom an action, whe|:ber civil or criminal, was 
 instituted. 
 
DEFENDEMUS — DEFINIRE. 2 i3 
 
 Defendemns, Z. I In old English law. We will defend A word used 
 in feoffments or gifts, by which the donor or his heirs were bound 
 to defend the donee against any attempt to encumber the thing 
 granted. 
 
 Defendendo. v. Defendendo. 
 
 Defender. In Scots law. A defendant 
 
 Defender, defendre, I fr. In old English law. To deny ; to prohibit or 
 forbid ; to prevent ; to defend or offer to defend. 
 
 Defendere, I L To prohibit or forbid ; to appropriate ; to enclose ; to 
 defend or deny. Defendere se debet in primis sic, omnem feloniam 
 defendit: he ought to defend himself in the first place thus ; he 
 defends all the felony. Defendere se per corpus snnm: to defend 
 himself by his own body ; to offer the duel or combat as a legal trial. 
 Defendere se unica manu: to wage his law. 
 
 Defendit Tim et Injnriam, Z. I. He defends the force and injury. 
 
 Defendonr, L fr. A defender or defendant ; the party accused in an 
 appeal. 
 
 Defensa, /, I In old English law. A park or place fenced in for deer 
 and defended as a property. 
 
 Defensio, defentio, I. I. In old English law. Defense ; prohibition. De- 
 fensio contra sectam: defense against the suit Defensio riparise: 
 prohibition to use a river ; exclusive appropriation to the use of the 
 king. Defensiones: defenses. 
 
 Defensive allegation. In English ecclesiastical law. A plea setting up 
 facts in defense, and as to which the defendant may have an answer 
 under oath. 
 
 Defensor, I. In old English law. A defender or defendant; a war- 
 rantor of title. 
 In the canon law. A protector or advocate of a church ; a provincial 
 officer having charge of the patrimony of the church ; an officer 
 having charge of church temporalities. 
 In the civil law. A defender ; one who defends another in court ; a 
 person chosen to prosecute or defend a certain cause ; a municipal 
 magistrate having certain judicial powers ; a guardian. Defensor 
 ciritatis: a defender or protector of a city or municipality; an 
 officer whose duty it was to protect the people against the injustice 
 of the magistrates, the insolence of the subaltern officers and the 
 rapacity of the money-lenders. 
 
 Defensum, I I. In old English law. An enclosure, or any fenced 
 ground ; a part of an open field, appropriated to a particular use, as 
 for hay ; a state of several occupancy or appropriation ; defense, in 
 the sense of prohibition, v. In defenso. 
 
 Deflciente uno sanguine, non potest esse liaeres, I One blood want- 
 ing, he cannot be heir. 
 
 Dellnire, I In the civU law. To define; to explain a thing; to lay 
 down a rule. 
 
244 DEFINITIO — DEJICERE 
 
 Deflnitio, L In the civil law. Definition ; exposition ; the explanation 
 of a thing, including, as within a circumscribed line or limit, every- 
 thing pertaining to it; theestablishmentof a general rule; a general 
 rule of law. v. Omnis definitio, etc. 
 
 Definitive sentence. The final judgment of an ecclesiastical court 
 
 Deforce, Deforciare, l, Deforcer, I. fr. In English law. To withhold 
 lands or tenements from the owner. 
 In Scots law. To resist the execution of the law ; to oppose by force 
 a public ofiBcer in the execution of his duty. 
 
 Deforcement. In English law. A keeping out by force or wrong ; a 
 wrongful withholding of lands or tenements from the owner. 
 In Soots law. The opposition or resistance made to public oflBcers en- 
 gaged in the exercise of their offices. 
 
 Deforceor. In English law. One who deforces another, v. Deforce; 
 Deforcement. 
 
 Deforcians, defortians, 1 1. In old English law. A deforciant 
 
 Deforciant. In English law. One who deforces another; the person 
 against whom the fictitious action of fine was brought ; the defend- 
 ant in assise of darrein presentment. 
 
 Deforciare, defortiare, deforceare, H In old English law. To withhold 
 lands or tenements from the right owner ; to deforce. Deforciat, 
 deforceat: he deforces. 
 
 Deforciatio, I I. In old English law. A distress, or seizure of goods 
 for satisfaction of a lawful debt 
 
 Defuer, I. fr. To run away ; to elope. Defuiannt: running away. De- 
 faont: run away. 
 
 Defunct. In Scots law. Deceased ; a deceased person, 
 
 Defunctus, 2. In the civil and old English law. Defunct; deceased; a 
 deceased person. 
 
 Degager, I. fr. To give security ; to deliver on gage or security. 
 
 Degaster, I. fr. To waste. Degast, degaste, degata: wasted, destroyed. 
 
 Degradation. In English law. Deprivation of dignity or rank; the 
 depriving of a peer of his nobility, or a clergyman of his holy orders 
 and ecclesiastical distinctions. 
 
 Degree. One of a series of steps upward or downward. Degree of re- 
 lationship: a step In kinship, reckoning, in the canon law, from 
 the person furthest from the common ancestor to the ancestor ; in 
 the civil law, from one person to the ancestor and down to the other. 
 From any person to the one nearest in kinship is a degrea 
 
 Deliors, I. fr. Out of ; beyond ; foreign to. Dehors the record: for- 
 eign to the record. 
 
 Dei gratia, I. By the grace of God. Dei judicium: the judgment of 
 God ; the Saxon trial by ordeal, v. Judicium Dei, 
 
 Deins, deinz, deynz, daus, dedens, I. fr. Within. Deins age: within 
 age ; under age. Deins le quater meres: within the four seas. 
 
 Dejicere, /. In the civil law. To eject or cast out ; to dispossess or de- 
 prive of possession. Dejectas: ejected. 
 
DEL — DELICT. 245 
 
 Del bien estre, I. fr. In old English law. Of well being ; of form. 
 V. De bene esse. Del coiisail: of counsel. Del temps dount mem- 
 ory ne court: from time whereof memory runneth not 
 
 Del credere, ital. Of belief, trust or warranty; an agreement by 
 which a factor, in consideration of an additional commission, en- 
 gages to warrant the solvency of one to whom he sells ; a species of 
 guaranty. Del credere commission: the additional commission 
 thus agreed upon. 
 
 Delate. In Scots law. To accusa Delated, delatit: accused. De- 
 latit off arte and parte: accused of being accessory to. 
 
 Delatlo, I In the civil law. An accusation or information. 
 
 Delator, I In the civil law. An informer ; an accuser. 
 
 Delatiira, L L In old English law. An accusation ; the reward of an 
 informer. 
 
 Delectus personse, I. The choice of a person ; a term expressive of the 
 right of a partner to determine what persons shall be introduced into 
 the firm as new partners. 
 In Scots law. The presumed choice of a person, which the grantor in 
 certain deeds is supposed to have for the person in whose favor the 
 grant is made. 
 
 Delegare, I In old English law. To assign ; to transfer a duty or power ; 
 to delegate ; to appoint a substitute. 
 In the civil law. To substitute another in one's place as a debtor. Del- 
 egare est vice sua alium renm dare creditor! vel cni jnsserit: to 
 delegate is to give to a creditor, or to him whom the creditor ap- 
 points, another person in one's place as a debtor, v. Delegation. 
 
 Delegation. In the civil law. The substitution of one debtor for an- 
 other ; a species of novation. 
 
 Delegatus, delegata, I. Delegated, deputed, commissioned ; appointed 
 to act for another ; transferred or assigned. Delegata potestas non 
 potest delegari: a delegated power cannot be delegated. Delegatus 
 debitor est odiosus in lege: a delegated debtor is odious in law. 
 Delegatus non potest delegare: a delegate cannot delegate. 
 
 Delete, sc In Scots laiv. To erase ; to strike out 
 
 Deliberandum est diu quod statuendnm est semel, I That which is 
 to be resolved once for all should be long considered. 
 
 Deliberare, Z. In old English law. To deliver. Deliberatur: is delivered. 
 Deliberabitur: shall be delivered. Deliberatum, deliberatns, de- 
 liberata: delivered. Deliberari facias: you shall cause to be de- 
 livered. 
 In the civil law. To deliberate ; to consult ; to consider. Deliberandi 
 jus: the right, privilege or benefit of deliberating ; a time allowed 
 an heir to deliberate whether he would accept an inheritance. 
 
 Deliberatio, IL In old English law. Delivery ; acquittal. 
 
 Delict. In Scots law. A species of lesser crime corresponding nearly 
 to misdemeanor in the English law. 
 
246 DELIOTA — DEMESNE. 
 
 Belicta, I. Crimes ; offenses. Delicta puninutnr jnxta mores loci com- 
 missi delicti, et non loci nbi de crimlne cognoscitur: crimes are 
 punished according to the customs of the place where they are com- 
 mitted, and not of the place where they are tried. 
 
 Delictum, I A crime ; a violation of law, either natural or positive ; a 
 tort or wrong ; guilt, fault or blame, v. Ex delicto. 
 
 Delinqnere, L To omit a duty ; to fail to perform a required act ; to 
 transgress, v. Debet quis, etc. 
 
 Deliverance. In Scots law. The verdict of a jury. 
 
 Delivery. The transfer of a deed to the grantee or to some one acting 
 in his behalf, — either absolute, or to a third person to be held as an 
 escrow ; a transfer of goods from seller to buyer, — either actual, or 
 symbolical, as by delivery of a key, a bill of sale or a bill of lading. 
 Delivery bond: a bond conditioned for the return of goods taken 
 into possession of the law, but restored to the owner, or for payment 
 of their value. 
 
 Demain, Demesne, demaine, demayne, demaygne, demeyne, demeigne, 
 I. Jr. In old English law. A lord's chief manor place, with the 
 lands thereto belonging, which he and his ancestors had, from time 
 out of mind, kept in their own hands or manual occupation, v. De- 
 mesne; Dominicum. 
 
 Demand. To make a request under claim of- right for the doing of a 
 specified thing ; to summon ; to call in court. 
 
 Demand. A legal obligation ; a request made under claim of right for 
 the doing of a specified thing. 
 
 Demanda, L I. In old English law. A demand. 
 
 Demandant. The party suing in a real action, v. Petens; Peto. 
 
 Demandare, I. I. In old English law. To demand ; to order or award ; 
 to direct a sentence to be carried into effect ; to give in charge, as to 
 a jury. 
 
 Demander, I. fr. In old English law. To demand ; to ask or inquire ; 
 to call a party in court. 
 
 Demandnm, L L In old English law. A demand, v. Demand. 
 
 Demembration. In Scots law. The crime of cutting off a member. 
 
 Demons, I. One who is deprived of his mental faculties, or who has 
 lost his mind ; one who does not think of what he does or saya. 
 
 Dementenant en arant, I. fr. From this time forward. 
 
 Dementers, demon tiers, I. fr. In the mean time; meanwhile. 
 
 Demesne, I. fr. Own ; one's own ; lands held absolutely, or used di- 
 rectly by the lord, as distinguished from lands held of a superior, or 
 lands held in feudal tenure ; bordlands. 
 In English law. ' Demesne lands: lands of a manor not granted out 
 in tenancy, but reserved by the lord for his own use and occupa- 
 tion ; — of the crown: lands reserved to the crown at the original 
 distribution of landed property, or such as came to it afterwards by 
 forfeitures, or other means. 
 
DEMEYNE — DEMORER 247 
 
 Demeyne, demeine, demeigrne, Ifr. Detnesna Demeyncs: demesne 
 lainda. 
 
 Demi, demy, fr. Half. Demi-sangne or deiny-sangue: half-blood. 
 V. Half-blood. 
 In old English law. Demi-inark, demy-mark: half a mark ; a sum 
 of money of the value of six shillings and eight pence, the tender 
 of which was necessai-y in a writ of right 
 
 Demlnaere, I. In the civil law. To alienate ; to part with ; to lose. 
 
 Deminutio, I. In the civil law. A taking away ; loss or deprivation. 
 V, Capitis deminutio. 
 
 Demisable. That may be demised ; demisability. 
 
 Demise. Death ; a conveyance for life, for years or at will, most com- 
 monly, for years. Demise and re-demise: mutual leases of the 
 same land, or something out of it, by which a rent charge is created 
 in favor of the person who is not the owner, the lease to him being 
 upon a merely nominal rent 
 In English law. Demise of the king or crown: the natural dissolu- 
 tion of the sovereign, or the disunion of the king's natural body 
 from his body politic, by which the kingdom is transferred or de- 
 mised to his successor, and the royal dignity becomes vested at once 
 in the latter. 
 
 Demise. To convey or create an estate for years or life. 
 
 Demisi, L I. In old English law. I have demised or leased. Demisi, 
 concessi, et ad iirmam tradidi: have demised, granted and to farm 
 let. The usual operative words in old leases, as the corresponding 
 English words are in the modern forms. 
 
 Demissio, I. I. In old English law. A demise, or lease; a transfer. 
 Demissio coronae: a transfer or demise of the crown, v. Demise of 
 the king. 
 
 Demittere, I. I In old English law. To transfer ; to demise or lease ; 
 to send away, or part with. v. Dimittere. 
 
 Demi vill. Half a vill. One of the smallest of the ancient civil divis- 
 ions of England, — consisting of five freemen, with their families. 
 V. Vill. 
 
 Demollire, demolire, I In old English law. To demolish. Demolli- 
 tio: a demolishing. 
 
 Demonstratio, I Description ; denomination ; designation by words of 
 addition, v. Falsa, etc. ; Non aceipi, etc. ; Prcesentia, etc 
 
 Demonstrative legacy. The bequest of a sum to be paid out of a spe- 
 cific fund. 
 
 Demorage. v. Demurrage. 
 
 Demorari, 2. To wait, or abide ; to pause, or rest ; to demur. Demora- 
 tur: he demurs. 
 
 Demorer, demorier, demonrier, I fr. To remain or stay ; to abide, 
 reside or dwell. Demoranntz en pays: residing in the country or 
 neighborhood. 
 
248 DEMPSTER — DENARIUS. 
 
 Dempster, dempstare, doomster. In Scots law. An officer of court, 
 whose duty it was to pronounce the doom or sentence of the court 
 V. Dome; Doom. 
 
 Demur. To wait or stay ; to object in point of law, and rest or pause, 
 referring the decision to the court ; to object to the pleading of the 
 opposite party as insufficient, and refer it to the court whether it 
 ouight to be answered, v. Demurrer. 
 
 Demurrage, demorage. The detention of a vessel by the freighter, be- 
 yond the time allowed by the charter-party ; the allowance for such 
 detention. 
 
 Demurer, demurrer, demenrer, I. fr. In old English law. To rest or 
 stay ; to abide or remain ; in pleading, to abide or rest in law or 
 judgment Demurt en abeyance: it rests or remains in abeyance. 
 V. Parol demurrir. 
 
 Demurrer. A pausing or resting ; a resting in the judgment of the law ; 
 a pleading at law which excepts or objects to the pleading of the 
 opposite party, as being insufficient in law, and by which the party 
 objecting rests or abides upon the point in question, and submits it to 
 the judgment of the court, — where it states the causes of objection, 
 called a special demurrer ; a pleading in equity which objects that 
 the bill does not contain sufficient matter of equity to entitle the com- 
 plainant to relief, and submits it to the court whether upon the face 
 of the bill the defendant is bound to answer, — called, where it alleges 
 new matter, a speaking demurrer. Demurrer book: a record of the 
 issue on a demurrer at law, containing a transcript of the pleadings 
 with proper entriea Demurrer to eyidence: an objection or excep- 
 tion by one of the parties to an action that the evidence produced by 
 the opposite party on the trial is insufficient in law, and calling on 
 the court to give judgment as upon the facts alleged. Such a de- 
 murrer admits whatever the evidence fairly tends to prove. 
 
 Den, dene, sax., Dena, I. I. In old English law. A valley, vale or dale ; 
 a hollow or low place among woods. Den and strond: liberty for 
 ships or vessels to run aground, or come ashore. 
 
 Denarata, denariatas, L I. In old English law. The value or worth of 
 a penny. Denarata reditus: a penny rent v. Denariatus. 
 
 Denarii, /. In old English law. Pennies : pence ; money in general. 
 
 Denarius, 1. 1. In old English law. A penny. Denarius Dei: Gtod's 
 penny ; earnest money, f orraex-ly given and received by the parties 
 to contracts, to bind the contract so called because the money was 
 given to God, that is, to the church, or to the pool*, v. Argentum 
 Dei; Earnest; Money of adieu. Denarius tertius comitatus: the 
 third penny of the county ; the third part of the profits arising from 
 the county courts, which were reserved to the comes, or earl, as his 
 official stipend. 
 In the Roman law. A silver coin of the value of ten asses, or ten 
 pounds of brass,— in our money about fourteen cents. 
 
DENER — DEPENDENT. 249 
 
 Dener, denier, denire, I fr. A penny. Deners, deneres, denerez, 
 denrees, danree: money. Deners appromptes: money borrowed. 
 Dener Seint Pere: Saint Peter's money ; Peter penca 
 
 Denier, Z./r. In old English law. Denial; refusal. 
 
 Denization. In English law. The act of making a denizen, v. Deni- 
 zen; Naturalization. 
 
 Denizen. In English law. An alien born -who has obtained letters 
 patent to make him, either permanently or for a time, an English 
 subject ; a natural-born subject ; one born within thg king's lige- 
 ance, and called the king's liegman. 
 
 Denominatio, I In old English law. Denomination ; description : 
 titla Denominatio est a digniore: denomination is from the 
 more worthy. 
 
 Denanciation, denonnciation. In Scots law. The act by which a per- 
 son is declared a rebel, who has disobeyed the charge given on let- 
 ters of horning. 
 
 Denuntiare, denunciare, I In old English law. To give notice ; to 
 summon. 
 In the civil law. To give notice or warning, to summon. 
 
 Dennutiatio, dennuciatio, I. In old English law. A notice or sum- 
 mons ; a public notice. 
 
 Deodand. In English law. Any personal chattel, animate or inani- 
 mate, which was the immediate occasion of the death of any rea- 
 sonable creature, and which was forfeited to the crown, to be 
 applied to pious uses, and distributed in alms by the high almoner. 
 Abolished by statute 9 & 10 Vict., c. 63. 
 
 Depart. In pleading, to forsake or abandon the gi-ound assumed in a 
 former pleading, and assume a new one. 
 In maritime law. To leave a port ; to be out of a port 
 In old English law. To divide or separate ; to depart, v. Departir. 
 
 Departir, departier, I. fr. To divide. Depart!, departy: divided. 
 
 Departure. A parting from ; a going away ; a relinquishment ; in the 
 law of limitations, such an absence from the jurisdiction as sus- 
 pends the power of the other party to sue ; in pleading, the aban- 
 donment of the ground of a former pleading, and the adoption of 
 another; in marine insurance, deviation of the vessel from the 
 course contemplated by the policy. 
 In old English law. Departure in despite of court: a failure of the 
 tenant in a real action, after once appearing and being present in 
 court, to appear on demand. 
 
 Depasture. In old English law. To pasture. 
 
 Dependence. In Scots law. Pendency. 
 
 Dependent. To be performed only upon performance of a connected 
 thing or act Dependent contract: a contract the obligation to 
 perform which depends on the performance of some obligation in- 
 cumbent on the other party. Dependent covenant: a covenant 
 
250 DEPENDENT — DEPRIVATION. 
 
 the obligation to perform which depends on the performance of an- 
 other. 
 
 Depending. Pending or undetermined ; in progress. 
 
 Depone, so. In Scots law. To depose; to make oath in writing. 
 
 Deponent. One who deposes, that is, testifies or makes oath in writing 
 to the truth of certain facts, v. Depose; Deposition. 
 
 Deponere, I. In old English law. To put down or away; to pull down ; 
 to remove ; to depose ; to state under oath. 
 In the civil law. To put or lay down ; to deposit ; to entrust to an- 
 other to keep ; to testify ; to depose. 
 
 Depopulatio agrorum, t. In old English law. The crime of destroy- 
 ing, ravaging or laying waste a country. 
 
 Depopulation. In old English law. A species of waste by which the 
 population of the kingdom was diminished. 
 
 Deportatio, I. In the civil law. A kind of banishment for life, at- 
 tended with a loss of civil rights and the forfeiture of property, 
 upon which the condemned person was sent or carried away to some 
 foreign country. Usually an island, and thus taken out of the num- 
 ber of Roman citizens, being treated as if dead. 
 
 Deportation. Banishment to a foreign country, attended with confisca- 
 tion of property and deprivation of civil rights. 
 
 Depose. To state or testify under oath, in writing ; to make a statement 
 or give testimony under oath, which is reduced to writing ; to make 
 a statement which is reduced to writing and sworn to ; to put down 
 in writing what is afterwards sworn to. 
 
 Deposit. A species of bailment, derived from the civil law, and called 
 also, after that law, depositum. v. Depositum. 
 
 Depositary. The person with whom a thing is deposited to be kept for 
 the depositor and returned on demand, without a recompense. 
 
 Depositation. In Scots law. Deposit or depositum; the species of bail- 
 ment so called. 
 
 Depositio, I. In old English law. A deposition ; the written testimony 
 of a witness. 
 In the civil law. The testimony of a witness. 
 
 Deposition. Testimony taken down in writing, under oath or af- 
 firmation, before a judicial officer, in answer to interrogatories and 
 cross-interrogatories, and usually subscribed by the witness, v. Affi- 
 davit. 
 
 Depositum, I. In the civil and common law. A bailment of goods, to 
 be kept for the bailor without reward, and to be returned when he 
 shall require it 
 
 Deprivation. In English ecclesiastical law. The taking away from 
 a clergyman of his benefice or other spiritual promotion or dignity, 
 either by, sentence of the proper court, or in pursuance of statutes 
 which declare the benefice void for some nonfeasance or some mal- 
 feasance or crime. 
 
DEPUIS — DESCENT, 251 
 
 Depuis, I. fr. Sinoa 
 
 Depntare, 2. 2. In old English law. To appoint, fix, or designate. 
 
 Depatatus, IL In old English law. A deputy. 
 
 Depute. To appoint or designate for a particular purpose. Now ap- 
 plied to persons only, but anciently to places, v. Deputare; Deputy. 
 
 Deputy. A person authorized to act for another. 
 
 Deraign, dereyu, dereine. In old English law. To prove ; to disprove ; 
 to deny or refuse. 
 
 Derationare, I. I. To deraign. v. Deraign; Dirationare. 
 
 Derchief, derechief, dericliefs, I, fr. Moreover ; again. 
 
 Derelict. Left, as land by retiring of the sea ; cast away, abandoned, 
 as goods thrown away ; deserted, as a vessel at sea. 
 
 Dereliction. The abandonment of property ; the gaining of land through 
 the receding of water from its bed. 
 
 Derelictum, 2. Derelict; wilfully abandoned or thrown away. 
 
 Derener, dereigner, dereyner, deraigner, dereiuer, derainer, I fr. 
 To prove ; to clear one's self ; to deraign. 
 
 Derittam, derictum, directum, drictnm, I. I. Right 
 
 Derivativa potestas non potest esse major primitiva, I. A derivative 
 power cannot be greater than the primitive or original. 
 
 Derivative or secondary conveyance. A conveyance which presup- 
 poses some conveyance precedent, and serves only to enlarge, confirm, 
 alter, restrain, restore or transfer the interest thereby granted. 
 
 Derogare, I. In the civil and old English law. To derogate or dimin- 
 ish ; to take from or impair the authority, validity or effect of a law 
 or contract ; to repeal a clause of a law. Derogatnr legi cum pars 
 detrahitur: a law is derogated from, when a part of it is taken 
 away. v. Rogare; Abrogare. 
 
 Derogation. Diminution or partial abrogation ; the taking from or im- 
 pairing the authority or effect of a law or contract. 
 
 Des, I. fr. From. Des ke or que: from which time ; since. Des kes a 
 ore: from which time until now. Desadunqnes: from that time. 
 Desmaintenant: from now; from henceforth. Desore, deshors: 
 from now ; from this tima Desore en avant, desorenavant, de- 
 sorenaunt: from this time forward ; from henceforth. Desormes, 
 desoremes, desormais: from now henceforward. 
 
 Descend. To pass immediately from one person to another by the op- 
 eration of law, as to an heir on the death of his ancestor ; strictly, 
 to pass from the ancestor to the heir in the descending line, but con- 
 stantly applied also to transmission in the ascending line. v. Descent. 
 
 Descendant. One who descends or is descended from another ; a rela- 
 tive in the descending line. 
 
 Descensus toUit intrationem, I A descent (cast) "tolls the entry. 
 
 Descent, discent. Hereditary succession ; succession to an estate by 
 inheritance, or by act of the law, as distinguished from purchase, 
 and this where the heir is an ancestor or a collateral relation as 
 
252 DESCENT — DESTURBER. 
 
 where he is a child or other issue. Descent east: a succession where 
 the heir is the heir of an abator, disseisor or intruder, in which 
 case the owner cannot perfect his estate by entry, but must resort to 
 his right of action. 
 
 Deschuer, descheur, I. fr. To fall out, to happen ; to fall down. Des- 
 cheu de sa plaint: falls from his plaint; that is, fails in it, or loses 
 the benefit of it 
 
 Descovenable, t /r. Unfitting; unlawful; not juridical 
 
 Descriptio personse, I. I. Description of the person. 
 
 Desere en arant, 1. fr. From henceforth. 
 
 Desert. To leave or quit with an intention not to return ; to forsake ; 
 to abandon. 
 
 Desertion. The act of leaving or forsaking a service or duty, as serv- 
 ice on board ship, or service in the army ; the act of forsaking a 
 person with whom one is legally bound to live, or for whom one is 
 legally bound to provide, as a wife or husband, v. Malicious aban- 
 donment; Malicious desertion. 
 
 Desicut, I. L Whereas, in the sense of opposition ; inasmuch as. 
 
 Design. Purpose or intention, combined with plan, or implying a plan 
 in the mind. 
 
 Desiguatio, /. Designation ; specification. Designatio personsB: desig- 
 nation of the person. Designatio nnins personsB est exclusio al- 
 terius: the specification of one person is [or implies] the exclusion 
 of another, v. Expressio, etc. ^ 
 
 Desire. In a will, may amount to a direction or command. 
 
 Desoulis, desoubes, I. fr. Under. Desoubes le seale: under the seal. 
 
 Desons, desus, desoaz, dessouz, desoz, I. fr. Under; underneath; here- 
 after. 
 
 Desouth, I. fr. Under; below. Desouth le petit seale: under the 
 petty seal. Desouth nosmes: undernamed. Desouth serure: under 
 lock. 
 
 Desperate. Hopeless, without hope of recovery, — applied to debts 
 considered worthless. 
 
 Despite, Despyte, despight, I fr. Contempt Despitz: contempts. 
 V. Departure, etc. 
 
 Despitns, I I. Contempt; a contemptible, or decrepid person. 
 
 Despoil. The use of violence or of clandestine means to deprive a per- 
 son of something that he possesses. 
 
 Desponsare, I. I. In old English law. To marry. 
 
 Destreindre, destreyndre, I. fr. To distrain. 
 
 Destresse, I. fr. Distress ; process to compel an appearance ; compul- 
 sion ; the distriQt or bailiwick of a sheriff, v. District. 
 
 Destroy. As applied to a vessel, to unfit her for service beyond hope of 
 recovery by ordinary means. 
 
 Destruere, I. In eld English law. To destroy. 
 
 Desturber, I. fr. To disturb. Desturbe: disturbed. 
 
DESUETUDE -DEVASTAVIT. 253 
 
 Desuetude. Disuse ; cessation or discontinuance of use. 
 
 Desus, desuz, desuis, desuys, I. fr. Above ; before ; below ; under ; upon. 
 
 Desvester, devester, I fr. To devest ; to unclothe, v. Devest. 
 
 Detainer. Detainment or detention; the keeping of a person against 
 his will ; the keeping of another out of possession of lands or tene- 
 ments ; the withholding of possession of another's goods. 
 In English law. A process for beginning an action against persons in 
 custody. 
 
 Detener, I fr. To detain. Detenour: a detainer ; one who detains. 
 
 Detentio, I In old English law. Detention or detainment, as distin- 
 guished from, or in connection with, captio. 
 In the civil law. That condition of fact under which one can exer- 
 cise his power over a corporeal thing at his pleasure, to the exclusion 
 of all others. 
 
 Determinable. That which may cease upon the happening of a certain 
 contingency, v. Determine. 
 
 Determiuation. A ceasing, termination, or coming to an end. 
 
 Determine. To cease, terminate, or come to an end, on the happening 
 of a certain contingency ; to cause to cease or terminate. 
 
 Detestari, U In the civil law. To summon or give notice to one in his 
 absence. 
 
 Detestatio, Z. In the civil law. A summoning made, or notice given 
 in the presence of witnesses. 
 
 Detinet, I He detains, v. Debet et detinet; Repleviii. 
 
 Detinue, I. fr. and eng. A personal actiqn ex delicto, now generally 
 obsolete, to recover the speciflc possession of a peraonal chatt el 
 l awfully taken but wrongfully detained, or its val na, flnrl dama^pa 
 for its detent io n. 
 
 Detractare, L I. In old English law. To draw, or drag ; to draw or 
 drag a convict to the gallows or stake. Detractentur et snspen- 
 dentar: they shall be drawn and hanged. Detractari et combnri: 
 to be drawn and burned. 
 
 Dett, dette, det, I, fr. Debt ; a debt ; an action of debt 
 
 Deradlari, I. I. In old English law. To be discharged from giving 
 gage or pledge. 
 
 Devant, devaunt, devent, I fr. Before. Devant le roy en son place: 
 before the king in his placa Devaunt nos justices: before our jus- 
 tices. Devant ses henres: before this time ; heretofora 
 
 Devastation. The waste of the property of a deceased person by his 
 executor or administrator, v. Devastavit. 
 
 Devastavit, devastaverunt, I I. He or they have wasted; waste or 
 misapplication of the assets of a decedent by an executor or adminis- 
 trator ; a return by a sheriff, in addition to return of nulla bona, to 
 a writ of execution against an executor or administrator where the 
 assets have been wasted ; an entry or suggestion of such waste made 
 of record as the foundation of a new writ or an action. 
 
254 DEVENER — DICA. 
 
 Devener, devenir, deveigner, I fr. To come ; to become ; to fall to. 
 Devenus: come. 
 
 Devenerunt, I. I Jin old English law. They fell to ; a writ directed to 
 the escheator, where a tenant of the king, holding in capite, and his 
 son and heir under age, died, — commanding him to Inquire what 
 lands and tenements came to the king by the death of the tenant 
 
 Devenio, I. I. I become. DeTenlo Tester homo: I become your man, — 
 words in the old form of doing homaga 
 
 DcTenit, I. I Comes or falls. 
 
 Dever, deyver, I fr. To owe. Deit: he owes. 
 
 Deyers, I. fr. Against ; towards. Derers le fyn: towards the end. 
 
 Devest. To take or draw away ; to strip or deprive. 
 In old English law. To take away ; to deprive of, as a possession, 
 title, or estate. 
 
 Devestire, I. I In feudal law. To take away an investiture ; to deprive- 
 of possession of a fee or f eu4 
 
 Deviation. In the law of marine insurance, a voluntary departure, 
 without necessity, or any reasonable cause, from the regular and 
 usual course of the voyage insured. It comprehends unusual and 
 unnecessary delay or any other act which increases the risk. 
 
 Devier, devyer, I fr. To die. Devie, devia, devy: dies, Deviont; 
 they die. 
 
 Devisable. Capable of being devised. 
 
 Devisare, I Z. In old English law. To devise. Devisavit: he devised, 
 Devisavit vel noli: did he devise or not? was there a will or not? 
 an issue directed by a court of equity to a court of law, to try the 
 validity of a will. 
 
 Devise. To give lands or hereditaments by will. 
 
 Devise, I. fr. and eng. A gift of lands or other real property, by will. 
 V. Executory devise. 
 
 Devise, l.fr. In old English law. A boundary; a division line^ or 
 space separating lands ; a court 
 
 Devisee. The person to whom lands or other real property are given 
 by will. 
 
 Devisor. A giver of lands or other real property by will 
 
 Devyer, I. fr. To die. Devya: died. 
 
 Dey, I. fr. Ought Dey apper: ought to appear. 
 
 Deyns age, i!. fr. Within age. 
 
 Deyver, deiver, I. fr. To owe ; ought Deyvent: ought 
 
 Deziner, dezyner, Z. fr. A deciner ; one of a decennary. 
 
 Dialogas de scaccario, t I. Dialogue of or about the exchequer; an 
 ancient treatise on the court of exchequer, attributed by some to 
 Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of Lon- 
 don in the reign of Richard L 
 
 Dica, I. I. In old English law. A tally for accounts, by number of cuts, 
 marks or notches, v. Tallia; Tally. 
 
DICERE — DIES. 2:>5 
 
 Dicere, I. In old English law. To say, to speak ; to deliver or pronounce, 
 as a verdict. Dicere veritatem (verum); to say or speak the trutli. 
 V. Dictum. 
 
 Diet, dit, I. fr. A word ; said ; a saying. 
 
 Dictio, I. I In old English law. A word ; an expression. 
 
 Dictum, pi. dicta, L I. A saying or remark ; an opinion expressed by a 
 ' judge either aside from the point to be decided, and hence said to be 
 extra-judicial or obiter; or given without deliberation, as a hasty 
 opinion at nisi prius. v. Obiter dictum. 
 In old English law. The verdict of a jury. 
 
 Die by his own hand. In a policy of life insurance, an act of criminal 
 self-destruction, not suicide by an insane person. Die without heirs, 
 m- children, or issue: in a will, as applied to realty, prima facie an 
 indefinite failure of issue, or the death of all descendants ; as to per- 
 sonalty, without heirs living at the death of the first taker. 
 
 Diei dictio, I In the Roman law. The notice given by a magistrate 
 that he intended to impeach a certain citizen of a certain crime be- 
 fore the people on a certain day. 
 
 Diem clauslt extremum, /. 2. He closed his last day ; he died. 
 In English law. A writ awarded out of the exchequer after the death 
 of a crown debtor, commanding the sheriff to inquire when and 
 where the debtor died, and what property he had at the time of his 
 dedth, and to take and seize it 
 In old English law. A writ founded on the statute of Marlbridge, 
 issued out of chancery to the escheator of the county, after the death 
 of any of the king's tenants in capite, to inquire of wliat lands he 
 died seised, and of what value, and who was the next heir, and to 
 take the lands. 
 
 Dies, I. A day. Dies datus: a day given ; a day or time of respite 
 given to a defendant; an adjournment or continuance; — parti- 
 bus: a day given to the parties; an adjournment or continuance; 
 — prece partlum: a day given on the prayer of the parties. Dies 
 domlnicus: the Lord's day ; Sunday ; — lion est juridicus: Sunday 
 is not a court day, or day for judicial proceedings or legal purposes. 
 Dies inceptas pro complete Iiabetur: a day begun is considered as 
 completed. Dies Interpellat pro homlne: the day makes demand 
 for the man, — the occurrence of the day, i. e. is deemed a sufficient 
 demand on the part of the creditor, wliere the obligation is for pay- 
 ment on a certain day. Dies juridicus: a court day or juridical 
 day ; a day for judicial proceedings or legal purposes. Dies non 
 juridicus: a day not juridical ; not a court day ; a day on which 
 courts are not open for business, such as Sundays and some holi- 
 days. Dies utiles: available days ; days on which an act may be 
 done. 
 In English law. Dies communes in banco: common days in banc, 
 or bench, or in the bench ; stated days of appearance in the courts. 
 
256 DIES — DIFFOECIARE. 
 
 called also common return days. Dies concilii: a day to hear the 
 counsel of both parties in court. Dies datus in banco: a day given 
 in the bench or court of Common Pleas ; a day given in bank, as 
 distinguished from a day at nisi prius. Dies in banco: a day or 
 days in banc; a day in the bench, or court of Common Bench. 
 In old English taw. Day ; a day ; days ; a day of appearance in court 
 or continuance. Dies amoris: a day of favor or indulgenca Dies 
 excrescens: the added or increasing day in leap year. Dies gratise: 
 a day of grace, courtesy or favor. Dies JoTts: Thursday. Dies legit- 
 imus: a lawful or law day ; a term day. Dies Lunse: Monday. Dies 
 marchise: a day of the march, or bordei- ; a day of meeting of the 
 English and Scotch, anciently appointed to be held annually on the 
 marches or borders, to adjust differences, and to preserve the arti- 
 cles of peace. Dies Martis: Tuesday; Dies Mercurii: Wednesday. 
 Dies pacis: days of peace. Dies Saturnl: Saturday. Dies Solaris: 
 a solar day, as distinguished from what was called dies lunaris, a 
 lunar day. Dies Solis: Sunday; the day of the Sun. Dies Veneris: 
 Friday. 
 In the civil law. Day ; a day ; the day ; the day or date of an instru- 
 ment Dies a quo: the day from which; the day from which a 
 transaction begins. Dies fasti: days on which the courts were 
 open, and justice could be legally administered. Dies feriati: 
 holidays. Dies intercisi: divided days ; days on which the courts 
 were open for a part of the day. Dies legitimns: a lawful or law 
 day. Dies nefasti: days on which the courts were closed, and it 
 was unlawful to administer justice. Dies Soils: Sunday, literally, 
 the day of the sun. Dies utiles: available days ; days on which a 
 party having knowledge that an inheritance was open to him, might 
 apply to the judge. 
 
 Diet, dye t. In Scots law. The sitting of a court ; an appearance day; 
 a day-fixed for the trial of a criminal cause ; a criminal cause as 
 prepared for trial. 
 
 Dieta, dlseta, I. I. In old English law. A day's journey ; a day's work ; 
 a day's expenses. 
 
 Dietse computatte, ?. /. In old English law. Journeys accounts ; liter- 
 ally, day's journej's computed, or reckoned, v. Journeys accounts. 
 
 Dleu son acte, I fr. In old English Idiv. God his act ; God's act ; an 
 event beyond human foresight or control, v. Act of Ood. 
 
 Diffnmatio, I. In old English law. Defamation or slander. 
 
 Diflidare, difflduciare, I. I. In feudal law. To renounce one's fealty 
 or allegiance ; to put out of allegiance ; to outlaw ; to declare war. 
 
 'UlUgurare, /. I In old English law. To disfigure or deform. 
 
 Diltindere, I In the Roman law. To postpone. 
 
 Dilforciare, 1. 1 In old English law. To deny or keep from one. Dif- 
 forciare rectum: to deny justice to ony one, after having been re- 
 quired to do it> 
 
DIGEST A — DIMINUEEE. 257 
 
 Dig^esta,.!., Digests. The Pandects of Justinian. Ordinarily cited as 
 Dig. 
 
 Dignitary. In canon law. A person holding an ecclesiastical benefice 
 or dignity, which gave him pre-eminence above mere priests and 
 canons. 
 
 Dignitas, I. In the civil law. Dignity. 
 
 Dignity. In English law. An honor ; a title, station or distinction of 
 honor, — a species of incorporeal hereditament, in which a person 
 may have a property. 
 
 Dilapidation. Literally, the taking apart of the stones of a building, — 
 hence the pulling down of a building, or part of a building ; the suf- 
 fering of a building, or part of a building, to fall, or be in a state 
 of decay ; neglect of necessary repairs of a building. 
 In ecclesiastical law. A kind of ecclesiastical waste, — waste commit- 
 ted or permitted on the lands or buildings of a church living. 
 
 Dilatio, t In old English law. Delay, v. Sine, etc. Dilationes in 
 lege sunt odiosse: delays in law are odious. 
 In the civil and canon law. Time allowed a plaintiff or defendant to 
 do a judicial act ; the postponement of a causa 
 
 Dilatoi'ins, I In the civil and old English law. That which delays 
 or puts off; dilatory, v. Dilatory plea; Exceptio. 
 
 Dilatory plea. A plea which tends to delay or abate the action, but 
 does not deny the injury, or the right of action. 
 
 Diligence. Care, — of which there are infinite shades, from the slightest 
 momentary thought, or transient glance of attention, to the most 
 vigilant anxiety and solicitude. In the law of bailment, there are 
 three grades, — great or extraordinary, common or ordinary, low or 
 slight As applied to the holder of a bill or note, to charge the in- 
 dorser, a reasonable effort to find the maker or acceptor, v. Due dili- 
 gence; Negligence; Ordinary care; Ordinary diligence. 
 In Scots law. Process of law, by which persons, lands or effects are 
 seized in execution or in security for debt ; process for enforcing the 
 attendance of witnesses, or the production of writings. 
 
 Diligentia, I. In the eivil and old English law. Diligence ; care. 
 
 Diligiatus, 1. 1 In old English law. Cast out of the law's protection ; 
 outlawed ; an outlaw. 
 
 Dilleoques, dillouqnes, I. fr. Afterwards. 
 
 Dilucidus, I. In old English law. Clear ; lucid ; rational. 
 
 Diiuidia, I. In the civil and old English law. Half. Dimidia acra: 
 half an acre. Dimidia marca: half a mark ; a demi-mark. Dimidia 
 pars: a half part; one-half. Dimidia villa: half avill; a demivill. 
 
 Dimidium, dimidius, dimidietas, /. In old English law. Half; a 
 half ; an undivided half of a thing. Dimidium uuius acrsB: half 
 an acre. Dimidium nnins librata;: half a pound. 
 
 Diminuere, I. In old English law. To lessen or diminish; to take 
 away, or omit 
 11 
 
258 DIMINUTIO- DISABLING. 
 
 Dimlnutio, deminntio, I. In the civil law. Diminution; a taking 
 away; loss or deprivation. Diminntio capitis: loss of status or 
 condition, v. Capitis diminutio. 
 
 Diminntion. Omission ; imperfection or deficiency. Applied to a record 
 from which something is omitted. 
 
 Dimisi, 1. 1. In old conveyancing, I have demised. Dimisi, concessi, 
 et ad flrmam tradidi: have demised, granted and to farm let 
 Dimisit: he has demised. 
 
 Dimissio, Z. Z. In old English law. A demise or lease, v. Demissio. 
 
 Dimissor, 1 1. In old English law. A lessor. 
 
 Dimissoi'ise litterse, I. In the civil law. Letters dimissory or dismis- 
 sory, commonly called apostles, v. Apostoli; Apostles. 
 
 Dimittere, Z. In old English law. To send away; to dismiss; to part 
 with ; to let go ; to release or discharge from custody ; to demise. 
 Dimittere se: to dismiss one's self ; to withdraw from. v. Demise 
 of the crown; Dimisi; Dimissio. 
 In the civil law. To send away ; to discharge ; to dismiss. Simitti 
 debitor to be released from a debt. 
 
 Diocese. In ecclesiastical law. The see of a suffragan bishop ; the ter- 
 ritorial extent of a bishop's jurisdiction. 
 In the civil law. A civil division of the Roman empire, embracing 
 several provincea 
 
 Diocesan court. In ecclesiastical law. A court held by a bishop or his 
 chancellor, with appeal to the archbishop. 
 
 Diplomacy. Intercourse between nations through their representatives ; 
 the rules, customs, and privileges of those representatives at foreign 
 courts. 
 
 Diplomatics. The art of judging of ancient charters, public documents, 
 diplomas, etc., and discriminating the true from the falsa 
 
 Dirationare, derationare, disrationare, /. I. In old English law. To 
 deraign ; to prove ; to disprove ; to make good a defense ; to clear 
 or acquit Dirationabit jus suum hseres propinquior: the next 
 heir shall prove his right 
 
 Dir, I. fr. Different ; diverse. Dirs enkes: different inks. 
 
 Direct. Immediate ; by the shortest course ; by an immediate connec- 
 tion or relation, instead of through a medium ; in the usual or reg- 
 ular course, order or line. v. Circumstantial; Linea recta. 
 
 Directum, I. In the civil law. That which is founded on strict law, as 
 distinguished from equity. 
 
 Diribitores, I. In the Roman law. OCBcers who distributed ballots to 
 the people. 
 
 Dirimant impediments. A bar to marriage which renders a marriage 
 void ab initio, though consummated. 
 
 Disability. Incapacity to do a legal act, as from infancy, coverture, or 
 the like. 
 
 Disabling statutes. The English statutes of 1 Eliz., c. 19 ; 13 Eliz., c. 10 ; 
 14 Eliz., cc. 11, 14; 18 Eliz., o. 11, and 43 Eliz., c. 39, restraining col- 
 
DISABLING — DISCONTINUANCE. 259 
 
 leges, cathedrals and other ecclesiastical or eleemosynary corpora- 
 tions from demising their lands, unless under certain regulations. 
 
 Visafiirm. To refuse to be bound by a former act ; to declare that one 
 will not abide by a former act 
 
 Disafforest. In English law. To release from the forest laws ; to re- 
 store land converted into a forest to its former condition, v. De- 
 afforest. 
 
 Disbar. In American law. To strike the name of an attorney from 
 the rolls. 
 In English law. To expel a barrister from the bar. 
 
 Disbocatio, I. I. In old English law. A conversion of wood grounds 
 into arable or pasture ; an assarting, v. Assart. 
 
 Discarcare, I. I. In old English law. To discharge, to unload, as a 
 vessel. Discarcatio: a discharging or unloading of a vessel. 
 
 Disceptatio causae, I. In Roman law. The argument of a cause by the 
 advocates. 
 
 Discharge. To set free or release ; to dismiss or send away ; to dissolve, 
 cancel or put an end to ; to unload ; to take out. 
 
 Discharge. A setting free ; a clearing, release or delivery ; an acquit- 
 tance ; the instrument by which a person is discharged from a debt 
 or obligation, or an encumbrance is cancelled ; the unlading of a 
 cargo from a vessel ; a statement of disbursements, and an offset of 
 counter-claims, brought in and filed on accounting before a master 
 in chancery. 
 
 Disclaim. To relinquish a claim ; to deny having a claim; to deny or 
 disavow another's claim ; to decline to accept an estate, interest or 
 office. 
 
 Disclaimer. A denial, disavowal or renunciation of a title or claim ; 
 the relinquishment or waiver of an interest or estate. Disclaimer 
 in equity: renunciation, by answer, of all claim to the subject of 
 the demand made by the bill. Disclaimer of an estate: a refusal 
 to accept an estate to which a person is entitled. 
 In English laiv. Disclaimer of tenure: a disavowal of tenure by a 
 tenant in an action to recover services. 
 
 Disclamation. In Scots law. Disavowal of tenure; denial that one 
 holds lands of another, v. Disclaimer of tenure. 
 
 Discommon. To deprive commonable lands of their commonable qual- 
 ity, by enclosing and appropriating or improving them. v. Appro- 
 priare; Common. 
 
 Discontinuance. A cessation, intermission, interruption or suspension ; 
 the termination of an action by the voluntary act of the plaintiff, 
 usually by entering a Common rule for that purpose ; the termina- 
 tion of an action, in consequence of the plaintiff's omitting to con- 
 tinue the process or proceedings by proper entries on the record ; the 
 technical interruption of the proceedings in an action, which follows 
 where the defendant does not answer the whole of the declaration, 
 
260 DISCONTINUANCE -DISJUNCTIVE. 
 
 and the plaintiff omits to take judgment for the part unanswered. 
 Discontinuance of an estate; the termination or suspension of an 
 estate tail, by a conveyance by the tenant in tail, of a larger estate in 
 the land than he was by law entitled to ; a species of ouster gf the 
 freehold. 
 
 Uiscontinuare, 1. 1 In old English law. To discontinue ; to intermit, dis- 
 use, interrupt. 
 
 Discontinuous or interrupted servitude. In the civil laio. A servi- 
 tude which needed the act of man to be exercised ; such as the right 
 of passage, of drawing water, and the like. 
 
 Discooperta, 11 In old English law. Uncovered ; out of repair, as a 
 church. 
 
 Discount. A counting back, from or off; an allowance or deduction 
 made from a gross sum, on any account ; the taking of interest in 
 advance, or an allowance paid on account of the immediate advance 
 of a sum of money not to be repaid till some future time. 
 
 Discovert, I. fr. and eng. In old English law. Not covert ; unmarried ; 
 an unmarried woman or widow. 
 
 Discovery. The disclosing of a matter by a defendant, in answer to a 
 bill in equity filed for that purpose. 
 
 Discredit. To deprive of credibility ; to destroy or impair credibility. 
 
 Discretio, 1 1 Discretion. Discretio est discernere per legem quid 
 sit justum: discretion is to discern by the law what is just 
 
 Discretion. Liberty to act according to one's own ideas of right ; the 
 liberty of adapting one's conduct to circumstances ; the exercise of 
 judgment v. Arbitrium. 
 
 Discussion. In the civil law. ^ The exhausting of a remedy against a 
 • principal debtor before proceeding against the surety. 
 
 Disentailing deed. In English law. A deed by which a tenant in tail 
 may alienate absolutely. 
 
 Disfranchise. To deprive or divest places or persons of a privilege or 
 franchise, v. Franchise. 
 
 Disgavel. In English law. To free lands from that quality of gavel- 
 kind tenure by which they descend equally among all the sons of 
 the tenant v. Oavelhind. 
 
 Disgrading. In old English law. The depriving of an order or dignity. 
 V. Degradation. 
 
 Disliabilitas, 1. 1. In old English law. Incapacity ; disability. 
 
 Disherison, disinherison, I fr. and eng. In old English law. A de- 
 priving or putting out of an inheritance ; disinheriting. 
 
 Dishonor. To refuse to accept a bill of exchange, or to refuse or neg- 
 lect to pay a bill or note at maturity. 
 
 Disjunctim, 2. In the civil law. Separately ; severally. 
 
 Disjunctive. Disjoining; separating. Disjunctive allegations: alle- 
 gations which leave it uncertain which of several charges is in- 
 tended to be relied on. Disjunctive term: a term placed between 
 
DISJUNCTIVE — DISSAIS ARE. 261 
 
 two contraries by the aflSrming of one of which the other is taken 
 away. 
 
 Dismes, I. fr. The tenths of all spiritual livings granted to the crown ; 
 tenths; tithes, v. Decimce; Tenths. 
 
 Dismiss, To send away ; to send out of court ; to dispose of finally. 
 
 Disorderly conduct. Conduct contrary to law. Disorderly house: a 
 house the inmates of which behave so badly as to be a nuisance in 
 the neighborhood. Disorderly person: a person amenable to police 
 regulation for misconduct which affects the public. 
 
 Disparagare, /. L, Disparage. In old English law. To bring together 
 those that are unequal ; to connect in marriage those that are unequal 
 in blood and parentage. 
 
 Disparagatio, 1 1, Disparagation, I fr., Disparagement. In old English 
 law. An unequal alliance ; an unsuitable connection in marriage ; 
 an injury done to a ward by marrying him or her to a person of 
 inferior degree. 
 
 Disparagium, I. I. In old Scots law. Inequality in blood, honor, dig- 
 nity or otherwise. 
 
 Disparata non debent jungi, I. Things unlike ought not to be joined. 
 
 Dispark. In English law. To convert a park into ordinary ground. 
 
 Dlspaiiijer. To take away the privilege of suing in forma pauperis, 
 which one has already exercised. 
 
 Dispensa, I. I. In old English law. A place in a house where things 
 were kept under the key of the housewife ; a spence. 
 
 Dispensation. In English law. An exemption from some law ; a per- 
 mission to do something forbidden, or to omit something com- 
 manded. 
 
 Dispit, dispitz, I. fr. Contempt. 
 
 Dispone. In Scots law. To grant, convey or dispose of. 
 
 Disponer. In Scots law. A grantor. Disponee: a grantee. 
 
 Disponere, I. To dispose of, or convey ; to arrange, to direct or regulate. 
 V. Oujus est, etc 
 
 Dispose. To part with, as by sale, gift or otherwise. 
 
 Disposition. In Scots law. A deed of alienation. 
 
 Dispossession. A species of injury to real property by the amotion or 
 deprivation of possession, v. Ouster. 
 
 Dispunishable. In old English law. Not punishable ; not answerable. 
 
 Disputable presumption. A presumption of law which may be re- 
 butted or disproved. 
 
 Disputatio fori, I. In the civil law. Discussion or argument before a 
 court 
 
 Disrationare, I I. In old English law. To prove ; to deraign ; to es- 
 tablish a claim, charge or accusation. 
 
 Disrationatio, I I. In old English law. Deraignment or proof; the 
 making good of a claim or charge. 
 
 Dissalsare, dissaisire, I. I. In old English law. To disseise, or put 
 out of seisin, v. Disseise. 
 
262 DISSASINA — DISTRICT. 
 
 Sissasina, 1. 1. In old Soots law. Disseisin ; dispossession. 
 
 Disseise. To deprive of seisin ; to put out of possession wrongfully ; to 
 oust of a freehold, v. Disseisin. 
 
 Disseisee. A person who is disseised. 
 
 Disselsiare, I. I. To disseisa 
 
 Disseisin, disseizin. Deprivation of seisin. 
 
 Disseisina, disseysina, I. I. In old English law. Disseisin. 
 
 Disseisire, disseysii-e, i!. I. In old English law. To disseisa 
 
 Disseisitor, disseysitor, 1.1. A disseisor. Disseisitus, disseysitns: a dis- 
 seisee. 
 
 Disseisor. He who disseises. 
 
 Dissimulatio, I A passing over. Dissimulatione tollitur injuria: 
 an injury is extinguished by the forgiveness or reconcilement of 
 the party injured. 
 
 Dissolution. A putting an end to, as by unloosing some legal bond, or 
 setting parties free from its effect. Applied to contracts, corpora- 
 tions, partnerships, etc. 
 
 Dissolrere, I To dissolve, as a contract or connection ; to unloose a 
 legal bond or tie ; to set free from obligation, v. Eodem, etc. 
 
 Distincte et aperte, I. I. In old English law. Distinctly and openly ; 
 formal words in writs of error, referring to the return required. 
 
 Distingnere, I. To distinguish. Disting'uenda sunt tempera: times 
 are to be distinguished ; — distingne tempera et cencordabis leges: 
 times are to be distinguished; distinguish times and' you will har- 
 monize laws ; — aliud est facere, aliud perflcere: times must be 
 distinguished ; it is one thing to do, another to perfect 
 
 Distractio, 1. In the civil law. The sale of a pledge by a creditor. 
 V. Distrahere. 
 
 Distrahere, I. In the civil law. To sell, particularly at auction ; to 
 separate, to dissolve, to draw apart. Distraliere pignas: to sell a 
 pledge in payment of a debt 
 
 Distrain, distrein. To take and keep the property of another as a 
 pledge, to compel the performance of some duty, as the payment of 
 rent, the performance of services, etc. 
 
 Distrainor, distreiner. A person who distrains. 
 
 Distreindre, /. fr. To distrain. Distreint: distrained. 
 
 Distress. The taking of a personal chattel from the possession of a 
 
 wrong-doer to procure a satisfaction for a wrong committed, — as for 
 
 non-payment of rent, or injury done by cattle ; the chattel so taken. 
 
 In English law. Distress infinite: a distress which has no bounds 
 
 as to quantity, and may be repeated until the delinquent yields. 
 
 Distribution. A division among several ; the giving to each of several 
 his or her share, as, the division of the effects of an intestata 
 In English law. Distributions, statutes eft the statute of 33 and 
 33 Car. II., c. 10, and the statute of 29 Car. II., a 3. 
 
 District. In old law, a circuit or territory within which the power of 
 distraining or other coercive authority might be exercised ; but now 
 
DISTRICT — DIVERSIS. 263 
 
 a portion of territory, defined by law, within which a certain juris- 
 diction or authority may be exercised ; a civil division of a state or 
 country for judicial or other purposes ; any limited extent of teri'i- 
 tory ; or by still further extension of meaning, any extent of territory 
 for any purpose. District court: a federal court held in each of the 
 districts into which the United States are divided ; a state court held 
 in each of the districts into which some of the states are divided. 
 
 Districtio, I. I In old English law. A distress, distraint or distraining ; 
 the right of distress ; a thing distrained ; a circuit or territory within 
 which the power of distraining might be exercised ; any compulsory 
 proceeding. Districtio moduin non excedat: distress shall not ex- 
 ceed measure,— shall not be excessive. Districtio semper sequltur 
 fldelitatem: distress always follows fealty. 
 
 Districtns, I. I. In old English law. A distress ; a distraint ; a district ; 
 the place within which the power of distraining might be exercised ; 
 a person distrained on. 
 In feudal law. The power of coercion or distress ; the jurisdiction of a 
 magistrate or feudal lord ; a place within which such^ower or juris- 
 diction might be exercised. 
 
 Distringas, I. I In English law. You distrain ; a writ directed to the 
 sheriff commajiding him to distrain upon the goods and chattels of 
 the defendant in order to compel his appearance ; a first process in 
 equity to compel the appearance of a corporation aggregate ; a writ 
 to enforce a judgment for the plaintiff in detinue by repeated dis- 
 tresses. Distringas juratores: you distrain the jurors ; a process 
 for enforcing the attendance of jurors, which commands the sheriff 
 to distrain them by their goods. Distringas nuper Tiee comitem: 
 you distrain the late sheriff ; a writ to distrain goods of a sheriff out 
 of oflSce for a default while in office. " 
 
 Distringere, I. In feudal and old English law. To distrain ; to coerce 
 or compel ; literally, to bind fast 
 
 Dlstarbance. An interference with the enjoyment of an incorporeal 
 hereditament. Disturbance of cominou: doing any act by which 
 a right of common is incommoded or diminished. Disturbance of 
 franciilse: a disturbing or incommoding! of a man in the lawful 
 exercise of a franchise. Disturbance ol tenure: a compelling or 
 inducing a tenant at will to leave his tenancy. Disturbance ol 
 ways: an obstructing of a right of way by enclosures, or other ob- 
 stacles, as by ploughing across it 
 In English law. Disturbance of patronage: a hindrance or obstruc- 
 tion of a patron from presenting to a benefice. 
 
 Dltes ouster, I fr. Say over, — the form of awarding a respondeat 
 ouster. 
 
 Dittay. In Scots law. A criminal information or accusation. 
 
 Diversion. A turning aside, v. Divert. 
 
 Dlrersis diebus et vicibus, 1. At diflferent days and times. Dirersis 
 vicibus: at diflferent times. 
 
264 DIVERSITAS — DO. 
 
 DiTersitas, I In old English law. Diversity ; difference ; unlikencss. 
 
 DiTersite des courts, /n A treatise on courts and their jurisdiction, 
 written in Frencti, probably in the reign of Edward III., and first 
 printed in 1525, — attributed to Fitzherbert 
 
 DiTersity. A plea in bar of execution that the prisoner is not the per- 
 son convicted. 
 
 Diverso intnitn, I. With a different view, or design ; in a different 
 view ; by a different course or process, v. Alio intuitu. 
 
 Divert. To turn aside ; to alter the course of things. 
 
 Divertere, t In the Roman law. To turn aside ; to go away from ; to 
 leave. 
 
 Divest. V. Devest. 
 
 Dividenda, 1. 1 In old English law. A thing to be divided ; an indent- 
 ' ure ; a part of an indenture 
 
 Divinare, I. To divine ; to conjecture ; to foretell Divinatio: a con- 
 jecturing or guessing. Divinatio, non interpretatio est, quae om- 
 niuo recedit a litera: that is guessing, not interpretation, which 
 altogether departs from the letter, v. Nemo, etc. 
 
 Divisa, devisa, I I. In old English law. A division or partition ; a di- 
 vision or distribution of goods by will ; a will or testament of goods 
 or chattels ; a division or boundary between neighboring or adjoin- 
 ing lands ; a sentence or decree. 
 
 Divisible contract. A contract the consideration of which is by its 
 term^s susceptible of apportionment on either side so as to corre- 
 spond to the unascertained consideration on the other. 
 
 Divislm, 1. 1. In old English law. Severally ; separately; 
 
 Divisum imperium, I A divided empire or jurisdiction ; a jurisdiction 
 shared between two tribunals, or exercised by them alternately, as, 
 the jurisdiction of courts of common law and courts of admiralty 
 between high-water and low-water mark. 
 
 Divorce. The separation of husband and wife by the sentence of the 
 law. Divorce a mensa et thoro: a divorce from table and bed, or 
 from bed and board, — a partial or qualified divorce, by which the 
 parties are separated without affecting the marriage itself. Divorce 
 a vinculo matrimonii: a divorce from the bond of marriage, — a 
 divorce dissolving the marriage tie, and releasing the parties wholly • 
 from their matrimonial obligations. 
 
 Divortium, I. In the civil and old English law. Divorce ; a separa- 
 tion of husband and wife. Divortium sine causa, or sine ulla 
 querela: a divorce without cause, or without any complaint. 
 
 Do, I. In old English law. I give,— the aptest word of feoffment and 
 of gift 
 In the civil law. Do, dico, addico: I give ; I say ; I adjudge, — words 
 used to express the extent of the civil jurisdiction of the praetor. 
 Do, lego: I give, I bequeath ; or, I give and bequeath, — the formal 
 words of a bequest or legacy. Do ut des: I give that you may give ; 
 I give [you] that you may give [me],— a formula, constituting a 
 
DO — DOLU& 265 
 
 general division under which contracts, termed innominate, were 
 classed, in which something was given by one party as a considera- 
 tion for something given by the other. Do ut facias: I give that 
 you may do ; I give [you] that you may do or make [for me], — a 
 formula under which those contracts were classed in which one 
 party gave or agreed to give money, in consideration that the other 
 performed certain work. 
 
 Docere, I In the civil and old English law. To show ; to set forth ; to 
 make out a case by proper statements ; to show or establish by proof. 
 
 Dock. An enclosed place in a criminal court, occupied by a prisoner 
 brought in for trial ; the space between two wharves. 
 
 Docket, docquet, doggpt, doqiiet. To abstract and enter in a book ; to 
 make an abridged entry in aUi action in a book kept for that purpose. 
 
 Docket, docqnet, dogget. A brief or abstract in writing ; an abridged 
 entry in an action ; a list or register of such abridged entries ; a list 
 or calendar of causes ready for hearing or trial, prepared by the 
 clerk for the use of the court and the attorneys and counsellors. 
 
 Doctor and Student. The title of a work written by St Germain, in 
 the reign of Henry VIIL, in which many principles of the common 
 law are discussed in a popular manner. 
 
 Doctors' commons. The popular name of the courts and offices occu- 
 pied by the College of Doctors of Law, on the southern side of St. 
 Paul's churchyard, London. 
 
 Documents. Written instruments adduced for the purpose of showing 
 or proving a claim or title, or other matter in controversy ; evidences 
 of title. 
 
 Docnmentnm, I In the civil law. A document ; an instrument 
 
 Doer. In Scots law. An agent or attorney. 
 
 Dogget. V. Docket. 
 
 Doigne, doyne, I fr. Give ; given ; I give. v. Done. 
 
 Dolt, dovit, I. fr. He or it ought; he owea Doient, doyent: they 
 ought 
 
 Dole. In old English law. A part or portion. Dole-meadow: a 
 meadow in which several persons had a share. 
 In Scots law. Criminal intent ; evil design. 
 
 Doli capax, 2. Capable of criminal intention ; capable of distinguishing 
 between good and evil, — applied to a child between seven and four- 
 teen who, contrary to the presumption, appears to have sufficient 
 understanding to be criminally responsible. Doli incapax: inca- 
 pable of criminal intention ; not of the age of discretion. 
 
 Dolns, I. In the civil law. Fraud ; malice. Dolus anctoris non nocet 
 successorl, nisi in causa lucrativa: the fraud of the author does 
 not aflfect the successor except [when he acquires] by a lucrative title 
 [gratuitously]. Dolus circnitu non purgatur: fraud is not purged 
 by circuity. Dolus et fraus nemlnl patrocinentur (patrocinari de- 
 bent): deceit and fraud shall excuse or benefit no man. Dolus 
 
266 DOLUS — DOMINION. 
 
 malus: evil design. Dolus yersatur in generalibus: fraud deals in 
 generalities, v. Ex dolo, etc. ; Lata culpa, etc. 
 
 Dom, sax. Judgment, — hence the English doom. v. Dome. 
 
 ])om. Proc. Domus Procerum, or Domo Procerum; the House of Lords. 
 
 Domain. Ownership of land ; immediate or absolute ownership ; para- 
 mount or ultimate ownership ; an estate which one has in his own 
 right ; land of which one is the absolute owner, v. Eminent do- 
 main. 
 
 Dombec, domboc, sax. Dome-book or doom-book, — a name given, 
 among the Saxons, to a code of laws. v. Dome-book; Domesday. 
 
 Dome, doom. In old English law. Judgment or sentence. 
 In old Scots law. Judgment ; sentence ; doom. 
 
 Dome-book. A book or code said to have been compiled by direction of 
 Alfred, for the use of the kingdom ; containing, it is supposed, the 
 principal maxims of the common law, the penalties for misdemean- 
 ors, and the forms of judicial proceedings. 
 
 Domesday, doomsday, domesdei. A record in two volumes, made by di- 
 rection of William the Conqueror, containing the details of a survey 
 of the entire kingdoni, except the counties of Cumberland, North- 
 umberland, Durham and a part of Lancashire, and including all the 
 demesne lands of the crown. It was completed in 1086 or 1087. 
 
 Domesmcn. In English law. Men appointed to pronounce judgment 
 in suits and controversies ; an inferior kind of judges anciently so 
 called ; suitors in a court of a manor in ancient demesne. 
 
 Domestic. Relating or belonging to one's home, state or country. Do- 
 mestic assigijiment: an assignment for the benefit of creditors 
 within the state of the debtor. Domestic attachment: an attach- 
 ment against absent and absconding debtors. Domestic bill of ex- 
 change: a bill drawn on a person residing in the same state with 
 the drawer. Domestic corporation: . a corporation created by the 
 law of the state where it does business. Domestic decree or judg- 
 ment: a decree or judgment rendered by a court of the state where 
 it was first entered. 
 
 Domicil, domicile. The place where a person has his home ; a resi- 
 dence at a particular place, accompanied with positive or presump- 
 tive proof of an intention to remain there for an unlimited time. 
 Domicil of origin: the place of birth. 
 
 Domicilium, I. In old English law. Domicil ; residence, v. DomicU. 
 
 Dominant tenement. In civil and Scots law. A tenement in favor 
 of which a servitude is constituted. 
 
 Dominicum, I. I In old English law. Demesne, demain or domain ; 
 that of which one was lord or master ; demesne lands, lauds which 
 remained under the lord's immediate control ; the estate of a free 
 tenant. Dominicum antiquum: ancient demesne. 
 In ecclesiastical law. A church. 
 
 Dominion. Ownership, or right to property ; sovereignty or lordship. 
 
DOMINIUM — DOMUS. 267 
 
 Dominium, I. Property ; domain. Dominium directum et utile: the 
 complete and absolute dominion in property. Dominium eminens: 
 eminent domain. Dominium nou potest esse in pendenti: prop- 
 erty cannot be in abeyance. 
 In old English law. Ownership ; property, in the largest sense ; the 
 right of property as distinguished from possession or usufruct, the 
 estate of a feoffee to uses ; sovereignty, or dominion ; a lordship. 
 In feudal law. Dominium directum: proper ownership ; the right 
 of the lord as distinguished from that of the tenant ; allodial prop- 
 erty, or property held of no superior. Dominium utile: beneficial 
 ownership ; the usufruct or right to the use. 
 In the civil law. Ownership ; property in the largest sense ; the right 
 of property, as distinguished from the possession or usufruct ; sover- 
 eignty or dominion. Dominium directum: strict ownership ; own- 
 ership founded on strict law, as distinguished from equity. Do- 
 minium plenum: full ownership; the union of the dominium 
 directum with the dominium utile. Dominium utile: equitable or 
 praetorian ownership ; ownership founded on equity. 
 
 Dominns, I In old English law. A master or principal. Dominus 
 mens est promptus ^t paratus: my client is ready and prepared. 
 In feudal and ecclesiastical law. A lord, or feudal superior ; lord or 
 sir, a title of distinction usually denoting a knight or a clergyman. 
 Dominns capitalis: a chief lord. Dominus ligius: liege lord or 
 sovereign. Dominus medius: a mesne or intermediate lord. Dom- 
 inus rex: the lord the king ; the king's title as lord paramount 
 In the civil law. Lord, master ; one who has the control or property 
 of a thing; owner, proprietor; a master or principal. Dominus 
 gediflcii: owner of the building. Dominns fundi: owner of land 
 or ground. Dominns litis: master of a suit; one who has the con- 
 trol or management of a suit ; the client, as distinguished from the 
 proctor or attorney. Dominus materise: owner of the materials. 
 Dominus navis: the owner of a vessel. Dominus soli: owner of 
 the soil. 
 
 Domitse naturae, I. In old English law. Of a tame or subdued nature 
 or disposition, — applied to tame domestic animals in which a man 
 may have an absolute property. 
 
 Domus, I. In old English law. A house or dwelling ; a habitation ; a 
 residence or domicil. Domus capitularis: a chapter house; the 
 chapterhouse. Domus com petens: a suitable housa Domus cou- 
 versorum: the house of the converts ; a house established by Henry 
 III. for the benefit of Jews converted to Christianity, now the Rolls 
 office in Chancery Lane. Domus mansionalis: a dwelling-house. 
 Domus religiosa: a religious house. Domus sua cnique est [est 
 unicniqae] tutissimum refugium: to every man his own house is 
 his safest refuge. 
 
268 DOMUS — DONEE, 
 
 In the civil law. A house or dwelling ; a habitation ; a residence or 
 domicil. Domns tntissimnm cniqne refugium atqne receptacu- 
 lum sit: a man's house. should be his safest refuge and shelter. 
 
 Don, donacionn, doneison, donyson, I. Jr., Donnm, pL dona, I. In old 
 English law. A gift ; gifts. Dona clandestina sunt semper sus- 
 piciosa: clandestine gifts are always suspicious. 
 
 Donare, I. In civil and old English law. To give; to make a gift; 
 Donari videtur qnod, nuUojnre cogente, conceditur: that is con- 
 sidered to be given which is granted without the obligation of any 
 law. 
 
 Donatai'ins, I. I. In old English law. A donea 
 
 Donatio, I. In old English law. A gift of either lands or chattels. Do- 
 natio absolnta et lai'ga: an absolute and unlimited gift, as to a man 
 and his heirs generally. Donatio cansa mortis: a gift by reason of 
 death ; a gift of personal property made by a person about to die, 
 and valid only in case there is a manual or symbolical delivery, and 
 death of the donor. Donatio conditionalis: a conditional gift, a 
 gift under a condition or qualification. Donatio inter vivos: a gift 
 between the living. Donatio libera et pura: a free and pure gift 
 Donatio non prsesnmitur: a gift is not presumed. Donatio perflci- 
 tur possessione accipientis: a gift is perfected [made complete] by 
 the possession of the receiver. Donatio simplex et pnra: a simple and 
 pure gift Donatio stricta et coarctata: a gift restrained and nar- 
 rowed, that is, to some particular heirs exclusive of others. Donatio 
 velata: a veiled gift ; a gift which pretends to be something else. 
 In the civil law. Gift or donation ; one of the modes of acquiring 
 property. It is of two kinds, — causa mortis, and inter vivos, v. supra. 
 Donatio propter nuptias: a gift on account of marriage ; a gift by 
 husband to wife by way of security for her marriage portion. 
 
 Donation. In ecclesiastical law. A mode of acquiring a benefice by 
 deed of gift alone. 
 
 Donative advowson. v, Advowson. 
 
 Donator, I. In civil and old English law. A donor or giver. Dona- 
 torius, or donatarins: a donee ; a person to whom a gift is made ; a 
 purchaser. Donatur nnnquam desinit possidere, anteqnam dona- 
 torius incipiat possidere: the donor never ceases to possess until 
 the donee begins to possess. 
 
 Done, don, doun, I. fr. In old English law. A gift Don est un nosme 
 general pins que ne felTement: gift is a more general name than 
 feoffment 
 
 Done, donee, I. fr. In old English law. Given. Done a Londres, etc. : 
 given at London, etc. Donees a Gaunt, etc. : given at Ghent, etc. 
 
 Donee, I. Until. Donee unanimi fuerint et Concordes: until they 
 shall be unanimous and agreed. 
 
 Donee. The person who executes a power, — otherwise called the ap- 
 pointer. 
 
DONEE — DOTARE. 269 
 
 In old English law. He to whom a donatio was made ; he to whom 
 lands or tenements were given in tail. 
 
 Donor. The person who confers a power. 
 In old English law. He who made a donatio; he who gave lands or 
 tenements to another in tail 
 
 Donqne, donques, adonques, done, dune, donk, dunk, dunky, I. fr. 
 Then. Douqnes Tirant: then living. 
 
 Donum, I In the civil law. A gift ; a free gift. 
 
 Doom, dome. In Scots law. Judgment; sentence ; the judgment of a 
 court, formerly pronounced by the mouth of an oflBcer called a 
 dempster. 
 
 Doresenarant, I. fr. From henceforth. 
 
 Dormant. Sleeping ; not active ; not apparent ; not known. Dormant 
 partner: a partner whose name is not known or does not appear, 
 but who partakes of the profits, and thereby becomes a partner, at 
 all events in respect to third persons. 
 
 Dormiunt allqnando leges, nunqnam moriuntnr, 2, The laws some- 
 times sleep, but never die. 
 
 Dors, dorse, dorce, I fr., Dorsum, 2. The back, 
 
 Dos, I. In old English law. The property or portion which a free- 
 man gave his wife at the door of the church, in consideration of the 
 nuptials about to take place, and the burden of matrimony ; and in- 
 tended for the support of the wife and education of the children, in 
 case the husband should die ; in later law, the one-third part of the 
 husband's lands, which the law, on his death, gave the wife, in case 
 he had not so endowed her ; dower in the modern sense. Dos de 
 dote peti non debet: dower ought not to be demanded of dower ; a 
 widow is not dowableof lands assigned to another woman in dower. 
 Dos rationabilis: reasonable dower. Doti lex favet; premium 
 pudoris est, ideo parcatur: the law favors dower ; it is the reward 
 of modesty, therefore it should be spared, v. De dote, etc. ; Vbi 
 nullum, etc. 
 In the Roman law. A sum of money given to a husband, to enable 
 him to sustain the burdens of marriage ; the portion given with a 
 woman to her husband in marriage ; corresponding with what was 
 called in the common law maritagium, or marriage portion, and 
 properly translated by the word dowry. Dos adventitia: that kind 
 of portion which was bestowed by a stranger. Dos profectitia: 
 that species of dowry or portion which was given by the father or 
 other male relative. 
 
 Dot, fr. In the civil law. Dowry, or marriage portion. 
 
 Dotal. Relating to the marriage portion of a woman. Dotale preedium: 
 the dotal estate. 
 
 Dotalitiuni, I. I. In canon and feudal law. Dower. 
 
 Dotare, I. In old English law. To endow ; to give a dowry or dower. 
 Dotata: endowed. 
 
270 DOUBLE — DOWER. 
 
 Doulble, Twofold ; additional ; duplicated. Double costs: the ordinary 
 single costs of suit, and the same or some portion of that amount 
 in addition. Double insurance: a second or subsequent insurance 
 upon the same interest against-the same risk in favor of the same 
 person, and in excess of value. Double plea: a plea vphich contains 
 several distinct answers to the declaration. Double possibility: a 
 possibility upon a possibility. Double quarrel: v. Duplex querela. 
 Double Toucher: a voucher over by a person vouched of a third 
 person. Double waste: that species of waste which consists in 
 suffering a house to be wasted, and then cutting timber to repair it 
 In old English law. Double flue: a fine sur done grant et render, 
 called a double fine, because it comprehended the fine sur cognizance 
 de droit come ceo, e\^ and the fine sur concessit. Double voucher: 
 a voucher over in common recovery ; a voucher by a party who had 
 himself been vouched. 
 In Scots law. Double avail of marriage: double the ordinary 
 or single value of a marriage, v. Duplex valor maritagii. Dou- 
 ble bond: a bond with a penalty, as distinguished from a single 
 bond. 
 Dounques, I. jr. Then. 
 
 DQunt, I. fr. Wherefore ; from whence ; whereof ; out of which. 
 Douter, doubter, t fr. To doubt ; to fear or apprehend, 
 Dow. To give, or endow, 
 Dowable. Entitled to be endowed. 
 Dowager. In English law. A widow who is endowed, or who has a 
 
 jointure. 
 Dower. Tliat portion of a man's lands which his widow takes for life 
 upon his death, — usually, as by the common law, one-thh-d of any 
 lands of which he was seised as of an estate of inheritance at any 
 time during the marriage, where the husband's estate was such that 
 the common issue might have inherited, and the right of dower has 
 not been released. The estate or interest of the widow is called an 
 estate in dower. 
 In English law. Dower by custom: a kind of dower regulated by 
 custom, where the quantity allowed the wife differed from the pro- 
 portion of the common law. 
 In old English law. Dower ad ostium ecclesise: dower at the church 
 door or porch, — a kind of dower where a man, being tenant in fee- 
 simple, of full age, openly at the church door, where all marriages 
 were formerly celebrated, endowed his wife with the whole of his 
 lands, or such quantity as he pleased, specifying and ascertaining 
 the same. Dower de la'pluis beale: dower of the fairest [part], — 
 a species of dower, incident to the old tenures, where there was a 
 guardian in chivalry, and the wife occupied lands of the heir as 
 guardian in socage. Dower ex assensu patris: dower by the father's 
 assent, — a species of dower ad ostium ecclesice, made when the hus- 
 
DOWER — DROIT. 2ll 
 
 band's father was alive, and the son, by his consent, endowed his 
 wife with a parcel of his father's lands, v. Unde, etc. 
 
 Dowere, I fr. Dower. Dowere ne devietz ayoir, qar vostre baroun 
 est en Tie: dower you ought not to have, for your husband is alive. 
 
 DoTrment, L fr. In old English law. Endowment 
 
 Dowry. A marriage portion ; property which the wife brings her hus- 
 band in marriage, v. Dos. 
 
 Draft, draught. A bill of exchange ; an instrument or paper as first, 
 or originally drawn. 
 
 Draw. To write in form, as a deed, or will ; to take from a place of de- 
 posit, as money from a bank; to select by lot, as to draw tlie 
 names of jurors. 
 In English law. To drag on a hurdle to the place of execution. 
 
 Drawback. A remission of money paid for taxes, freight, or the like ; a 
 refunding of duties on the re-exportation of imported goods. 
 
 Drawee. The person on whom a bill of exchange is drawn. 
 
 Drawer. The person who draws a bill of exchange. 
 
 Drawlatches. In old English law. Thieves or robbers. 
 
 Dreit, drect, drett, Z. /r. In old English law. Right. The same as droif. 
 Dreit dreit: double right, — the right of possession and the right of 
 property united. 
 
 Drenches, drenges. In old Enfflish law. A species of tenants men- 
 tioned in Domesday book, supposed to have been military vassals or 
 tenants by knight-service. 
 
 Drengage. In old English law. The tenure by which the drenches held 
 their lands. 
 
 Drift. In old English law. A driving, — a term applied to cattle. 
 Drift of the forest: an examination or view of cattle in a forest ; 
 made periodically by the oflScers of the forest, by driving into an 
 enclosure to see whose they were, whether they were commonable, 
 and whether the forest were surcharged or not Drift-way: a way, 
 road or path used for driving cattle. 
 
 Drinclean, sax. A contribution of tenants, in the time of the Saxons, 
 towards a potation of ale, provided to entertain the lord or his stew- 
 ard, v. Uervisarii. 
 
 Drip. A species of servitude consisting of a right to let waters flowing 
 from a roof fall or drip on the servient estate, v. Stillicidium. 
 
 Drofdene, drofden, sax. A grove, or woody place, where cattle were 
 kept 
 
 Drofland, sax. A quit rent, or yearly payment, formerly made for 
 driving cattle through a manor to fairs or markets. 
 
 Droit, droict, dreit, I. fr. Right; justice; the law; a writ of right 
 Droit ne done pinis que soit deinaunde: the law gives not more 
 than is demanded. Droit ne poet pas morier: right cannot die. 
 Droits of admiralty: rights or perquisites of the admiralty ; goods 
 found derelict at sea ; property captured in time of war by non- 
 commissioned vessels of a belligerent 
 
272 DROIT — DUKE. 
 
 In old law. Droit close: a writ for a tenant in ancient demesne 
 against the lord. Drot d' Anbaine: a right or prerogative of the 
 sovereign in some countries of Europe to the property of an aUea 
 dying within his dominions. Droit droit: a double right 
 
 Droitural, droiturele, droitural, droiturelle, I. fr. In old English 
 law. Relating to right, or, more strictly, title as distinguished from 
 right of possession. 
 
 Droiture, I. fr. In old English law. Eight; justice. 
 
 Dl'ova, L I. In old records, a drove, or drift-away ; a common road for 
 driving cattla 
 
 DroTB-road. In Scots law. A road for driving cattle; a drift-road. 
 Drove-stance: a place adjoining such a road, for resting and re- 
 freshing cattle. 
 
 Drndes, drudi, I. I In old feudal law. A species of vassal. 
 
 Dry exchangee. In English law. A pretended exchange, upon which, in 
 truth, nothing passed but on one side, — said to have been designed 
 as a cover for usury. Dry rent: v. Bent seek. 
 In Scots law. Dry multures: quantities of corn paid to a mill, whether 
 the payers grind or not 
 
 Duas uxores eodem tempore habere non licet, I. It is not lavsrful to 
 have two wives at the same time. 
 
 Dubitans, dnbitante, I. Doubting. Dubitatur: it is doubted. Dubi- 
 tavit: doubted. 
 
 Dubii juris, I. Of doubtful law. 
 
 Duces tecum, 1 1. Bring you with you, — applied to writs, where a party 
 summoned to appear in court is required to bring with him some 
 piece of evidence, or other thing that the court would view. v. Sub- 
 poena duces tecum; — licet laiiguidus: bring with you, although 
 sick, — a writ, now obsolete, directed to the sheriff, upon a return 
 that the prisoner was sick. 
 
 Ducliy court of Lancaster. An English court of special jurisdiction, 
 held before the chancellor of the duchy of Lancaster, or his deputy, 
 concerning all matter of equity relating to lands held of the king in 
 right of the duchy. 
 
 Ducking stool, v. Castigatory; Cudking stool. 
 
 Due. That which one owes ; that which one ought to pay, or do to or 
 for another ; payable ; owed or owing, as distinguished from pay- 
 able, formal or regular. Due care: where the gist of the action is 
 negligence, imports no carelessness and no violation of law in rela- 
 tion to the subject-matter of the action. Due diligence: the dili- 
 gence required in the particular case. Due process of law: law, in 
 its regular course of administration through the courts. Due-bill: 
 a brief written acknowledgment of a debt 
 
 Duellum, I In old English and Scots law. The judicial combat, or trial 
 by battel. 
 
 Duke. The first title of dignity in Greai Britain, after that of the royal 
 family. 
 
DULY — DUOBECEM VIE ALK 273 
 
 Duly. In due or proper form, or manner ; regularly ; according to re- 
 quirement of law. 
 
 Dum, I. While. Dum ferret opus: while the work glows ; in the heat 
 of action. Dum sola: while sole, or single ; — luerit: while she 
 shall remain sole ; — et casta vixerit: while she lives single and 
 chaste. 
 In old English laio. Dum bene se gesserit: while he conducted himself 
 well, during good behavior, — the implied condition on which a feud 
 or fee was originally given. Dum fuit:, while he was ; — in prisona: 
 while he was in prison, — a writ of entry which lay to restore to posses- 
 sion of lands aliened under duress of imprisonment ; — infra setatem: 
 while he was within age, — a writ of entry which lay for an infant 
 after he had attained full age, or, upon his death, for his heir, to re- 
 cover lands aliened during infancy ; — non compos mentis: while 
 he was of unsound mind, — a writ of entry which lay to recover 
 lands aliened while the grantor was of unsound mind. Dum recens 
 fuit malcficium (factum): while the offense was fresh, — a term em- 
 ployed in the law of appeal of- rape. Dum tamen a venditore ar- 
 rarum nomine aliquid receptum fuerit: provided something have 
 been received as earnest by the seller. 
 
 Duornm in solidum dominium vel possessio esse non potest, I. There 
 cannot be an ownership or possession by two persons of the whole 
 of one thing at the same time. 
 
 Duplex, I. In old English law. Double. Duplex querela: a double 
 complaint, or double quarrel ; a complaint in the nature of an ap- 
 peal, made to the archbishop of the province, against an inferior 
 ordinary, for delaying or refusing to do justice in some ecclesiasti- 
 cal cause. Duplex valor maritagii: double the value of the mar- 
 riage, — a forfeiture by infant wards who married without their 
 guardians' consent. 
 
 Duplicare, I. To double or repeat ; to make in two parts, as, the old 
 charters were executed. 
 
 Duplicate. That which is doubled, or twice made ; an original instru- 
 ment repeated. 
 
 Dummodo, I. Provided that ; so that. Dummodo constat de persona: 
 so that it be clear as to the person meant. Dummodo solverit talem 
 redditum: provided he shall pay such a rent. 
 
 Duo nou possnnt in solido unam rem possidere, I. Two cannot possess 
 one thing in entirety. Duo sunt instrumenta ad omnes res aut 
 conflrmaudas aut Impugnandas, ratio et authoritas: there are 
 two instruments for confirming or impugning all things, — reason 
 and authority. 
 
 Dnodecima manns, I. I. In old English law. The twelfth hand ; twelve 
 hands, or twelve-hand ; the oath of twelve men, including the defend- 
 ant himself, by whom a defendant was allowed to make his law. 
 
 Duodecemvirale judicium, 1. 1. The trial by twelve men. or by jury. 
 18 
 
274 DUPLA — DYVOUR 
 
 Dnpla, I. In the civil law. Double the price of a thing. 
 
 Dnplicatio, I. A doubling. Daplicationem possibilitatis lex non 
 patitnr: the law does not allow the doubling of a possibility. 
 In the civil law. The defendant's answer to the plaintiff's replication, — 
 corresponding to the rejoinder of the common law. 
 
 Dnplicatnm jus, I. I. Double right y. Droit droit. 
 
 Dnplicity. A fault in pleading which consists in making two or more 
 distinct allegations or answers where one is sufficient, v. Double 
 plea. 
 
 Daplum, I. In civil and old English law. Double. 
 
 Durante, I. I. During. Durante absentia: during absence. Durante 
 Ibeneplacito: during good pleasure, — the tenure by which the 
 judges in the superior courts in England formerly held their com- 
 missions. Durante casta viduitate: during chaste widowhood. 
 Durante minore setate: during minority. Durante viduitate: 
 during widowhood. Durante Tirg'initate: during virginity. Du- 
 rante vita: during life. 
 
 Duress, Duresse, I. fr., Duritia, I. Constraint; compulsion; that de- 
 gree of constraint which is sufiScient to overcome the will of a per- 
 son of ordinary firmness. Duress of imprisonment: the wrongful 
 imprisonment of a person, or the illegal restraint of his liberty, in 
 order to compel him to do some act, — a ground for avoiding the act 
 Duress per minas: duress by threats, i. e. by the use of threats 
 and menaces inducing fear of death, or grievous bodily harm, as 
 mayhem or loss of limb, — also ground of avoidance. Whether threats 
 of a mere battery, or of the destruction of property, should have the 
 same effect, the authorities disagree. 
 
 Duressor. One who subjects another to duress. 
 
 Dnskes a chou qe, I fr. Until that 
 
 Duty. A thing due ; that which is due from a person ; that which one 
 person owes to another ; a sum payable to government on the im- 
 portation or exportation of goods. 
 
 Duumviri, Z. In the Soman law. Magistrates elected in pairs to fill 
 any office, or perform any function. Duumviri municipales: two 
 annual magistrates in the towns and colonies, having judicial pow- 
 ers. Duumviri navales: officers appointed to man, equip and refit 
 the navy. 
 
 Dwelling-liouse. A building inhabited by man ; a house in which the 
 occupier and his family usually reside ; the apartment, building or 
 cluster of buildings in which a man resides with his family. 
 
 Dying declarations. Declarations made by a person in extremis, and 
 in expectation of immediate death, concerning the circumstances of 
 a homicidal act by which the death is caused. Dying without 
 issue: at common law, an indefinite failure of issue, and not a dying 
 without issue living at the time of the death of the first taker. 
 
 Dyvour. In Scots law. A bankrupt 
 
E — EAUX 275 
 
 E. g. Abbreviation for Exempli gratia. 
 
 E, exj I. From ; out of. v. Ex. E coutra: from the opposite side ; on 
 the contrary. E converse: on the other hand ; conversely. 
 
 Ea, I That ; those. Ea est accipieuda interpretatio, qua) vitio caret: 
 that interpretation is to be received [or adopted] which is free 
 from fault [or wrong] ; the law will not intend a wrong. Ea 
 intentione: with that intent. EaqiiiB, cominendandi causa, in Ten- 
 ditionibiis diciintnr, si palam appareaut, vendltorein non obli- 
 gant: those things which are said on sales, in the way of commen- 
 dation, if [the qualities of the thing sold] appear openly, do not 
 bind the seller. Ea qnnn dari impossibilia sunt, vel quae in rerum 
 natnra non sunt, pro non adjectis habentur: those things which 
 are impossible to be given, or which are not in the nature of things, 
 ai-e regarded as not added [as no part of an agreement]. Ea qniB 
 raro accidunt non temere in a^endis neg:otiis compntantur: 
 those things which rarely happen are not to be taken into account 
 in the transaction of business, without sufBcient reason. 
 
 Ealdernian^ ealdornian, sax. Elder man, or elder; a very ancient 
 title, applied among the Saxons to a great variety of officers, the 
 term indicating not so much age as experience and fitness for public 
 station, — used in particular as the title of a high officer having 
 the government of a county or shire, and by some thought to be the 
 same with the earl of later times. 
 
 Ear grass. In English law. Such grass as remains after mowing, and 
 until the feast of the Annunciation. 
 
 Earl". The most ancient title of nobility in England, and formerly the 
 highest, but now the third, ranking between a marquess and a vis- 
 count. Earl marshal: a great officer of state in England, who 
 anciently presided in the court of chivalry or court of honor, but is 
 now confined to determining rights of place and precedence, and 
 the like. 
 
 Earldom. The office, jurisdiction or dignity of an earl. 
 
 Ear-mark. A mark put upon a thing to distinguish it from another, — 
 originally a mark put upon the ear, as a mode of distinguishing 
 animails. 
 
 Earnest. A part of the price of goods sold, or a portion of the goods 
 themselves, delivered by one of the parties to a contract of sale to 
 the other, to bind the bargain. 
 
 Easement. A privilege in land, without profit, existing distinct from an 
 ownership of the soil. 
 
 Easter term. In English law. One of the four annual terms of the 
 superior courts, beginning on April 15th and ending on May 8th. 
 
 Eat inde sine die, I. I. Let him go thence without day, — words used 
 in recording judgment for a defendant 
 
 Eaue, eawe, eaw, awe, ewe, I. fr. Water. 
 
 Eaux, eaus, Z. /r. They; them. Eaux meismes: themselves. 
 
276 EAVES — EFFRACTORES. 
 
 Eayes dropping. In English law. The offense of listening under walls 
 or windows, or the eaves of a house, and thereupon to frame slan- 
 derous and mischievous tales, — a misdemeanor at common law. 
 
 Ebba, 1. 1. In old English law. Ebb. Ebba et fluctns: ebb and flow 
 of tide ; ebb and flood. 
 
 Eberemord, eberemorth, sax. In Saxon law. Open killing or murder, 
 as distinguished from manslaughter, v. Aberemurder. 
 
 Ecchymosis, gr.-l. An effusion of blood under the skin. 
 
 Ecclesia, I In English law. A church ; a place of religious worship ; 
 a parsonage, the living or beneflce. Ecclesia ecclesise decimas sol- 
 vere non debet: the church ought not to pay tithes to the church. 
 Ecclesia magis favendum est quam. persona: the church is more 
 to be favored than the parson. Ecclesia non moritnr: the church 
 does not die. 
 
 Ecclesiastical. Belonging to or connected with the church. Ecclesi- 
 astical law: law administered bj the ecclesiastical courts, — in 
 England compounded of the civil law, the canon law, the common 
 law and the statute law. 
 In English law. Ecclesiastical corporations: corporations whose 
 members are entirely spiritual persons, and incorporated as such. 
 Ecclesiastical courts: courts held by the king's authority, as su- 
 preme head of the church, for the consideration of matters chiefly 
 relating to religion. 
 
 Edere, I. To give out ; to put forth ; to publish ; to declare ; to pro- 
 pose. ' 
 
 Edictal citation. In Scots laiv. A citation published at the market- 
 cross of Edinburgii, and the pier and shore of Leith. 
 
 Edictnm, I. In the Roman law. An edict ; a mandate or ordinance ; an 
 ordinance or law enacted by the emperor without the senate ; a gen- 
 eral order published by the praetor, on entering upon office, contain- 
 ing the system of rules by which he would administer justice during 
 the year of his office. Edictum perpetimni: the perpetual edict, — a 
 compilation or system of law in fifty books, digested by Julian, a 
 lawyer of great eminence in the reign of Adrian, from the Praetor's 
 edicts and other parts of the Jus Honorarium. All that remains is 
 the extracts in the Digests. 
 
 Editns, seditns, I. In old English law. Put forth ; published or pro- 
 mulgated ; passed as a law ; brought forth or born, as a child. 
 
 Education. Instruction of the mental, moral and physical powers and 
 faculties, or of any of them. / 
 
 Effects. Personal estate or property, — in wills, equivalent to property, 
 or wordly substance, and if used simpUoiter, will carry the whole 
 personal estate, but the construction may be controlled by the con- 
 text 
 
 Eft'ractores, I. In civil and old European law. Burglars ; house-break- 
 ers ; prison-breakers ; those who break out of prison. 
 
EFFUSIO — EJICERE. 277 
 
 Effusio sanguinis, I. In old English law. The shedding of blood ; the 
 mulct, or penalty therefor, v. Bloodwit. 
 
 Ego talis, Z. I, such a one. 
 
 Egrediens et exeuns, I. I. Going forth and issuing out of. 
 
 Egressns, 7, In old English law. A going forth ; egress, v. AccesstLs; 
 Ingressus. 
 
 Ei incumbit probatio qui dicit, iion qui negat, /. The proof lies upon 
 him who aflBrms, not upon him who denies. Ei niliil turpe, cui 
 nihil satis: to him to whom nothing is enough, nothing is base. 
 
 Eide, I. fr. Aid; relief; judicial relief. 
 
 Eigne, eign, eisne, eygne, aisne, l.fr. The eldest, or first-born. 
 
 Eignesse, I. fr. In old English law. Eldership ; an eldest sister's privi- 
 lege of first choice on a partition of lands held in coparcenary. 
 
 Einccia, esnecia, I. I. In old English law. Eldership; the right or 
 privilege of the first born. v. Eignesse; Aisnecia. 
 
 Einetitts, enetius, enitius, eneyiis, assnecius, I. I. In old English law. 
 The eldest or first born ; the part or share of the eldest sister. 
 
 Eins, eyns, einz, I. fr. In ; into. Eins ceo que: in this that ; inasmuch 
 as. Eins encounter la ley: in against the law. Eins per tort, 
 eins per title: in by wrong, in by title. 
 
 Eire, eyre, eier, eyer, I. fr. hi old English law. A journey by the jus- 
 tices, called justices in eyre, or justices itinerant, to administer jus- 
 tice ; the court of the justices in eyre. 
 
 Eirenarcha, gr.-l. In old law, a justice of the peace. 
 
 Eisdeni modis dissolvitur obligatio quae nascitur ex contractu, vel 
 quasi, quibus contrahitur, I. An obligation which arises from con- 
 tract or gMOsi-contract, is dissolved in the same ways in which it is 
 contracted. 
 
 Eisne, eysne, aisne, I. fr. The eldest 
 
 Eisnetia, einetia, I. I. In old English law. The part or share of the 
 eldest. V. Einecia; Einetius. 
 
 Eject. To cast, or throw out ; to oust, or dispossess. 
 
 Ejection. A turning out of possession. 
 
 Ejectione custodia), Ejectione flrnias, etc. v. Cnstodice, etc. 
 
 Ejectment. An action which lies to recover the possession of lands, 
 with damages and costs for the wrongful detention. It is in form 
 the old personal action of ejection of farm, which lay to recover a 
 term for years, adapted to the purpose of trying title to the free- 
 hold ; and the fictions which distinguish it are merely the essential 
 features of the old action, viz., a lease, an entiy, and an ouster. 
 Ejectment of ward, Egettement de garde, I. fr. v. De ejectione 
 custodicB. 
 
 Ejectnm, 1. 1. In civil and old English law. That which is thrown up 
 by the sea ; that which is thrown out of a vessel into the sea, to avoid 
 shipwreck, or out of a house, to escape destruction by fire. 
 
 Ejicere, t To throw or cast out ; to eject or dispossess. 
 
278. EJUEARE — ELIDERE. 
 
 Ejurare, I. In feudal law. To abjure, renounce or disclaim by oath. 
 
 Ejus est nolle, qui potest Telle, I. He who can will [exercise volition] 
 has a right to refuse to will [to withhold consent]. Ejus nulla culpa 
 est, cut parere necesse sit: no guilt attaches to hiin who is com- 
 pelled to obey. 
 
 Ejusdem g'eneris, I. Of the same kind or nature. Ejusdem negotii: 
 of the same transaction. 
 
 Elargare, 1. 1. In old English law. To enlarge ; to widen. 
 
 Elargatio,' I. I. In old English law. An enlargement. Elargatio 
 mansi Tel curise: the enlargement of a manse, or manor, or court, 
 by taking in more land. 
 
 Electio, I. In old English law. Election ; choice. Electio est cred- 
 itoris, debitoris: the creditor or debtor has the election. Electio 
 est interna, libera et spontanea separatio unius rei ab alia, sine 
 compulsione, consistens in animo et Toliintate: election is the in- 
 ternal, free and voluntary separation of one thing from another, 
 without compulsion, consisting in intention and will. Electio fori: 
 choice of a court. Electio semel facta non patitur regressum: 
 election once made does not admit of recall. Electiones Hant rite, 
 et libere sine interruptione aliqua: elections should be made in 
 due form and freely, without any interruption. 
 
 Election, Choice ; selection ; the selection of one or several men among 
 more to perform certain duties in a municipality, corporation or 
 society. \ 
 
 Electoral. Relating to or composed of electors. Electoral college: 
 the assembly of electors who make the final formal choice of presi- 
 dent-and vice-president of the United States. 
 
 Electus, pi. electi, I. Chosen. Electi triati et jnrati: chosen, tried 
 and sworn. 
 
 Eleemosyna, I. In old English law. Alms. Eleemosynaria: the place 
 in a religious house where alms were deposited, and thenoe distrib- 
 uted to the poor. Eleemosynarius, eleinosinarius: an almoner, or 
 distributer of alms. 
 
 Eleemosynary. Relating to the distribution of alms ; charitable. Elee- 
 mosynary corporation: a lay corporation, constituted for the per- 
 petual distribution of alms. 
 
 Eleganter, I. In the civil law. Accurately ; with discrimination. 
 
 Elegit, I. He has chosen ; an old writ of execution on a judgment for debt 
 or damages, or upon recognizance, commanding the sheriff to de- 
 liver to the plaintiff all the defendant's goods and chattels, beasts of 
 the plough excepted, and if these were not sufficient, a moiety of 
 the defendant's lands, to hold until out of the rents and profits the 
 debt should be levied, or till the defendant's interest should be ex.- 
 pired. The plaintiff had his choice (.elegit) of this writ or a fieri facias 
 which ran against the goods only. 
 
 Elidere, I. In civil and old English laic. To crush or destroy ; to defeat 
 an adversary's pleading. 
 
ELISORS — EMINENT. 279 
 
 Elisors, eslisors. Electors or choosers ; persons appointed by the court 
 to execute a venire, where both the sheriff and coroner are disquaU- 
 fied ; persons appointed to execute any writ, in default of the sheriff 
 and coroner. 
 
 Elogiuin, I. In the civil law. A will or testament. 
 
 Eloign, eloin, eloine, esloin, Eloigner, alloigner, I. Jr., Elongare, I. L 
 To remove, or send a great way off. Elongata, elougatus: re- 
 moved or carried away to a distance. 
 
 Eloiguiueut. The getting of a thing or person out of the way, or remov- 
 ing it to a distance, so that it may be out of reach. 
 
 Elopement. The voluntary departure of a wife from her husband, to 
 live with another man, 
 
 Elsewhere. In another place. 
 
 Emanare, I, I. In old English law. To issue or award. Emanare 
 brevia: to award writs. Einanarit: it issued. 
 
 Emancipation. A setting free ; the enfranchisement of a son by his 
 father. 
 In American law. The liberation of African slaves. 
 
 Embargo. A detention of a vessel in port; a restraint or prohibition 
 imposed by the public authorities of a country on vessels, to pre- 
 vent their leaving its ports in time' of war, open or imminent. 
 
 Embezzlement. The fraudulent appropriation to one's own use or ben- 
 efit of property or money entrusted to him by another. 
 
 Emblements. The annual profits of sown land ; such crops as are the 
 product of an annual sowing ; the right to take such crops. 
 
 EvoMer, I fr. To sow; to steal. Emble: stolen. Emble ou robbes: 
 stolen or robbed. 
 
 Embraceor. One who practices or is guilty of embracery. 
 
 Embracery. The offense of attempting corruptly to influence a jury, as 
 by promises, persuasions, money, entertainments, and the like. 
 
 Emenda, emendae, I. I. That which is given in reparation or satisfaction 
 for a loss or a trespass committed ; amends. 
 
 Emendare, 1. 1. In Saxon law. To make amends or satisfaction for a 
 crime or trespass committed ; to pay a fine ; to amend or correct 
 Emendare se: to redeem or ransom one's life by payment of were- 
 gild. 
 
 Emendatio, I. In old English law. Amendment or correction ; the 
 power of amending and correcting abuses, according to certain rules 
 and measures. Emendatio panis et cerevisise: the assizing of bread 
 and beer, or the power of regulating the weights and measures of 
 them. 
 In Saxon law. A pecuniary satisfaction for an Injury, v. Emenda. 
 
 Emergere, I. In old English law. To emerge ; to arise ; to happen. 
 V. Remoto, eta 
 
 Eminent domain. The power of a state to take private property for 
 public uses, — an inherent sovereign power. 
 
280 EMIT — EN. 
 
 Dmit. To send out or send forth ; to issue, as paper money for the pur- 
 pose of circulation. 
 In Scots practice. To speak out; to state in words. 
 
 Emparler, I. fr. To emparl or imparl, v. Imparlance. 
 
 Emphyteusis, emphyteosis, emphi^eosis, gr.-l. In the civil law. An 
 improving lease ; a contract by which houses or lands were given 
 to be possessed for ever, for a long time, on condition that the land 
 should be improved, and that a small yearly rent should be paid to 
 the proprietor. 
 
 Emphyteuta, gr.-l. In the civil law. The lessee or tenant under a con- 
 tract of emphyteusis. 
 
 Empledei', enpleder, I fr. To implead. 
 
 Emprez, empres, I. fr. After : afterwards. 
 
 Emprisonement, I fr. Imprisonment Emprisonement pur empris- 
 onement: imprisonment for imprisonment. 
 
 Emprompter, enprompter, I. fr. To borrow. Emprompt: borrowed ; 
 borrowing. 
 
 Emptio, emtio, I. A purchase. Emptio et Tenditio: purchase and 
 sale. 
 
 Emptor, I. A purchaser. Emptor emit qnam minimo potest, vendi- 
 tor vendit qnam maximo potest: the buyer purchases for the low- 
 est price he can, the seller sells for the highest price he can. Emptor 
 tenetnr venditori ad pretinm, et venditor emptori, e converse, 
 ad ipsam rem tradendam: the buyer is bound to the seller for the 
 price, and the seller, e cbnverso, to the buyer, to deliver the thing 
 sold. V. Caveat emptor. 
 In old English law. A purveyor. 
 
 Emtio, I. V. Emptio. 
 
 En, I. fr. In ; into. En autre droit: in another's right. En avant: in 
 future ; for the time to come. Engros: in gross ; by wholesale. En 
 ventre sa mere: in its mother's womb. En vie: in life ; alive. 
 In old English law. En apres: hereafter ; afterwards. En arere: in 
 time past En autre soile: on land of another. En bauke: in the 
 bench. En barre: in bar. En bonne foy: in good faith. En ce: in 
 this. En certein: in certain. En chiefe: in chief. En coste: on the 
 side ; collateral. En court: in, or into court En demenre: in delay ; 
 in default En demeyne: in demesne. En fet: in fact En jngement: 
 in judgment ; in court En le mercie: in mercy. En le per: in the jaer; 
 en le per et cui: in the per and cui; en le post: in the post; applied 
 in the old books to writs of entry. En line biliue: in the collateral 
 line. En mort meyne: in a dead hand ; in mortmain. En oultre: 
 furthermore. En owel main: in equal hand. En pais, en pays: in 
 the country. En plein conte: in full county court En plein vie: in 
 full life. En poigne, en poin: in hand. En primes: in the first 
 place ; first En quel connte, on en quel maner, on en quel lee, 
 on en quel baronic: in what county, or in what manor, or in what fee. 
 
EN — ENFRANCHISEMENT. £81 
 
 or in what barony. En son damage: in his damage ; damage feasant 
 En son demeyne come de fee: in his demesne as of fee. En sns- 
 pence: in abeyance. En tesmoignance: in testimony or witness. 
 
 Enabling statute. In English law. The statute 32 Hen. VIIT., c. 88, by 
 which tenants in tail, husbands seised in right of their wives, and 
 persons seised of an estate of fee-simple in right of their churches, 
 were empowered to make leases for their lives, or twenty-one 
 years. 
 
 Enact. To put into the form of an act,— to pass, as a bill, into a law. 
 
 Enbler, I fr. To sow. Enblee, enblaye: sown. 
 
 Enceint, enceynt, ensient, I. fr. Pregnant ; with child. 
 
 Enchaz et rechaz, I. fr. Inchase and outchase ; the right of driving 
 cattle to and from a common. 
 
 Enclieson, enchesson, enchason, encliison, acheson, I. fr. Cause ; rea- 
 son ; occasion, 
 
 Enclorer, I. fr. To enclose. Enclos: enclosed ; shut in or shut up. 
 
 Enconper, I. fr. To accuse or charge. Encoupe: accused. 
 
 Encourer, 1. fr. To run ; to run against, or bar. 
 
 Encroach. To gain unlawfully upon the rights or possession of an- 
 other ; to take more than is one's right or due. 
 
 Encroachment. An unlawful gaining upon the rights or possessions of 
 another. 
 
 Encumbrance. A burden or charge upon property, v. Incumbrance. 
 
 Encuser, I. fr. To accuse. Encuse: accused. 
 
 Endent, endente, I fr. Indented, v. Indent. 
 
 Enditer, endicter, I fr. To indict Endite, endites: indicted. 
 
 Endormir, /. fr. To sleep; to be or become dormant Endormy: dor- 
 mant or suspended. 
 
 Endorse, v. Indorse. 
 
 Endorsement, v. Indorsement. 
 
 Endorser, v. Indorser. 
 
 Endowment. The assignment or bestowment of dower; the setting 
 apart of a portion of lands for a vicar's maintenance ; any perma- 
 nent provision for charitable purpose?. 
 
 Enemy. In the law of nations. A nation or power at war with an- 
 other, or against whom war is declared ; a citizen or subject of a 
 hostile nation. 
 
 Enfannt, I. fr. An infant, or minor. Enfannt dedens age: an infant 
 under age. 
 
 Enfeoff. To give in fee ; to invest with an estate by feoffment. 
 
 Bnfourner, I fr. To perform. Enfourny: performed. 
 
 Enfranchise. To make free ; to incorporate ; to make a person a free 
 denizen. 
 
 Enfranchisement. Making free ; granting rights or privileges ; incor- 
 porating a person into a society or body politic. Enfranchisement 
 of copyhold: conversion of copyhold into freehold tenure. 
 
282 ENFRAUNCHIR — ENQUEST. 
 
 Enfrauncliir, enfranchir, I. fr. To enfranchise ; to confer a privilege 
 or liberty, 
 
 Eafreiiidre, enfreinder, I. fr. To break; to violate or infringe. En- 
 freint: broiien. 
 
 Engagement. A binding by gage or pledge ; obligation by agreement. 
 
 Engager, I. fr. To pledge. 
 
 Engetter, I fr. To eject ; to cast or throw out , Engette: ejected. 
 
 Eugin, enghein, engyn, Ifr. Ill design; deceit; fraud. 
 
 Englecery, englecherie, eiiglescherie, engleschery, 1. fr. and eng. In 
 old English law. The fact of being an Englishman ; the proof of the 
 fact in case of a person slain, to rebut the presumption under the 
 law after the Conquest that the person was a Norman, and so to 
 avoid the heavy fine upon the hundred for the killing of a Norman. 
 
 Engleterre, 1. fr. England. Bngleys: English ; an Englishman. 
 
 Engross. To write in a gross, or large strong hand ; to copy in a large 
 or fair hand ; to buy up any commodity in large quantities, so as to 
 obtain a monopoly, with an intent to sell it at an unreasonable price. 
 
 Engrossing. In English law. The buying up of large quantities of 
 grain or other dead victuals, with intent to sell again ; the total en- 
 grossing of any other commodity, with intent to sell it at an unrea- 
 sonable price. 
 
 Enhauncer, I. fr. To raise ; to lift up ; to set up. Enhaunce: raised. 
 
 Enheriter, I. fr. To inherit, v. Cestuy que, etc. 
 
 Euitia, enicia pars, I. I. In old English law. The part of the eldest ; 
 the part of the eldest sister on partition of land in coparcenary. 
 V. Eignesse. 
 
 Enjoin. To impose or lay upon ; to command; to command to refrain 
 from doing a thing, v. Injunction. 
 
 Enlarge, inlarge. To extend; to add to; to grant further time. 
 In old law. To set at large ; to release from custody. 
 
 Enlai'ger, I. fr. To enlai-ge ; to make more comprehensive ; to make 
 wider. Enlarger I'estate: to enlarge an estate, as where an imme- 
 diate remainder-man in fee releases all his right to the tenant in 
 possession. 
 
 Enormia, 1. 1. In old English law. Unlawful or wrongful acts ; wrongs. 
 V. Alia enormia. 
 
 Enormis, I. Immediate; excessive; against law; enormous; heinous. 
 Enormis4.ransgressio: a heinous trespass. 
 
 Enormous. Aggravated. 
 
 Enparler, I. fr. In old English law. To speak or talk together ; to em- 
 parl or imparl. 
 
 Enpeirant, I. fr. Impairing. Enpeirez: impaired. 
 
 Enquerer, I fr. To inquire ; to make inquiry. Enquerge: he shall in- 
 quire. 
 
 Enquest, I. fr. and eng. Inquisition or inquiry ; an inquest ; the inqui- 
 sition of a jury ; a jury. 
 
ENROLL — ENTRY. 283 
 
 Enroll. To enter or transcribe on a roll ; to record. 
 
 Eiii'ollinent, , An entering on a roll, or on a record. 
 
 Ewouler, I. fr. To enroll ; to put or write on a roll. Eurouler en 
 roule de coroner: to enroll on the roll of the coroner. 
 
 Enroalement, enrouUeinent, I. fr. Enrollment 
 
 Ens, I. I. Being; existence. Ens le^is: a being of the law. 
 
 Enseal. To seal. 
 
 Enseler, I fr. To seal. Ensele de sou seal: sealed with his seal. Bn- 
 sele desouth les seals de jurours: sealed under the seals of the 
 jurors. Ensellomes: we sealed. 
 
 Ensement, ansement, I. fr. Also ; likewise ; in like manner. 
 
 Ensenser, I. fr. To inform ; to instruct. Ensenses: instructed. 
 
 EnseTilir, I. fr. To bury. Ensevely: buried. 
 
 Ensi, ensy, I fr. So ; thus ; in like manner. Ensi totes voies: pro- 
 vided always. 
 
 Entail. To create an estate tail. 
 
 Entail. A fee, limited to certain heirs, or entailed, v. Entail; Fee- 
 tail 
 
 Entencion, I. fr. In old pleading, a plaintiff's count, or declaration. 
 
 Entendenient, entent, I. fr. Understanding; meaning; signification. 
 
 Entente, I fr. In old pleading, the plaintiflE's count or declaration in 
 a real action. 
 
 Enter. To take actual possession of lands; to place a thing properly 
 before a court, and usually in writing ; to put upon or among its 
 records. 
 
 Enter, eiitre, I. fr. In ; within. Enter mains: in his hands. 
 
 Enterlesse, I. fr. Left out ; omitted. Enterlessant: leaving out 
 
 Entier, 1. fr. Entire ; whole. Entier sanke: the whole blood. 
 
 Entire contract. A contract the consideration of which is entire on 
 both sides, — which admits of apportionment on neither. 
 
 Entirety. The whole, in contradistinction to a moiety or a part only. 
 
 Entorse, entoir, entonr, entnr, I. fr. About ; round ; concerning. 
 
 Eutre, I. fr. In ; within ; between. Entre les mains: between the 
 hands. Entre meins: in the hands. Entre ses bras: within her 
 arms. 
 
 Eutre, entree, I. fr. Entry. 
 
 Entremettre, I. fr. To intermeddle ; to intrude into. 
 
 Entrer, !. fr. To enter. Entrast: enters. Entrant: enter. 
 
 Entry. The putting of a proceeding on record, in proper technical lan- 
 guage and order ; the writing so made ; an actual taking possession of 
 lands or tenements, by entering into or upon them, — an extra-judi- 
 cial and summary remedy against certain species of injury by ous- 
 ter ; in the law of burglaiy, an act which, after the breaking, is nec- 
 essary to the offense, — any, the least degree of entry, with any part 
 of the person or with an instrument held in the hand, being suffi- 
 cient V; Entry, writ of; Right of entry. 
 
284: ENTRY — EQUITABLE. 
 
 Entry, writ of. An old real action, until a comparatively recent pe- 
 riod, the general remedy to recover the possession of lands wrong- 
 fully withheld from the owner. Entry in the per and cui: a writ 
 of entry where there had been two alienations or descents. Entry 
 in the post: a writ of entry where there had been more than two. 
 Entry in the quo or qnibus: a writ of entry against the wrong- 
 doer in person. For particular writs, see various titles. 
 
 Ennmeratio nnius est exclusio alterius, I. The enumeration of the 
 one [amounts to] the exclusion of the other. 
 
 Enure. To take effect ; to operate. 
 
 Enveer, euveyer, I. fr. To send. Enriees: sent. 
 
 Envers, enverz, I. fr. Against. 
 
 Envoy. A public minister of the second class, ranking next after an 
 ambassador. 
 
 Envoyer, I. fr. To send; to send for; to summon to court Envoye: 
 sent 
 
 Enz, I. fr. In ; within ; but. 
 
 Eo, Z. At that; on that Eo die: on the same day. Eo instante: at 
 that instant ; at the same instant ; immediately. Eo intuitu: with 
 or in that view ; with that intent or object Bo ipso: by the thing 
 itself. Eo nomine: under that name ; by that appellation. 
 In the civil law. In so much, for as much, for the reason ; there. Eo 
 loci: in that place ; in that state or condition. 
 
 Eodem, I. By the same ; by the said. Eodem ligamine quo ligatum 
 est, dissolvitur: a deed is released by the same formalities by 
 which it is contracted. Eodem modo quo quid constituitur, dis- 
 solvitnr: in the manner in which [by the same means by which] a 
 thing is constituted, is it dissolved. 
 
 Episcopalia, I. I. In ecclesiastical law. Synodals, and other customary 
 payments from the clergy to their bishop, formerly collected by the 
 rural deans. 
 
 Episcopus, I. In the civil law. A superintendent, or overseer. Epis- 
 copi qui prajsunt pani et ceteris venalibus rebus: overseers who 
 have the charge of bread and other things exposed for sale. 
 
 Epistola, I. In the civil law. An opinion of the emperor upon a case 
 submitted to him, or a decision in answer to a petition ; a rescript 
 
 Eqnes, I. A knight,— so called because serving on horseback. Eques 
 auTatus: a knight,— so called from the gilt spurs he wore. 
 
 Equitable. By operation of equity : cognizable in equity. Equitable 
 assets: assets which can be reached by a creditor only through a 
 court of equity. Equitable defense: a defense to an action resting 
 on equitable principles, in cases in which an injunction would issue. 
 Equitable estate: an estate acquired by operation of equity, or cog- 
 nizable in a court of equity, as a trust, or the interest of a mortga- 
 gor. Equitable mortgage: a mortgage arising in equity, out of the 
 transactions of the parties, without any deed or express contract for 
 
EQUITABLE — ERROR. 285 
 
 that special purpose, as upon a deposit of title deeds with the cred- 
 itor. E(]|nltable waste: such excessive waste as is forbidden to a 
 tenant without impeachment of waste. 
 
 Equitatura, I. I. In old English law. Traveling furniture, or riding 
 equipments. 
 
 Equity. In a general sense, natural right as addressed to the conscience, 
 independent of any positive law ; more strictly, the application of 
 the principles of natural right in the administration of justice, either 
 by supplying rules for cases not provided for by the positive law, by 
 mitigating the rigor of the law by a liberal interpretation of its rules. 
 or by adapting its remedies more exactly to particular cases ; that 
 system of jurisprudence, first administered by the English court of 
 chancery, which is collateral to, and, in some respects, independent 
 of law, properly so called, and the object of which is to render the 
 administration of justice more complete, by affording relief where 
 courts of law are incompetent to give it, or to give it with effect, or 
 by exercising certain branches of jurisdiction independently of them. 
 Equity, courts of: courts which administer justice according to the 
 system of equity. Equity of redemption: the estate of a mortgagor 
 in the mortgaged land ; the right of the mortgagor to redeem after 
 breach of condition, or after foreclosure. Equity to a settlement: 
 the right of a wife in equity to a settlement of a portion of her 
 equitable estate upon herself and her children. 
 
 Equivocal. Of several meanings or significations ; of doubtful signifi- 
 cation. 
 
 Erasure. A scraping or rubbing out ; the removal of a part of a writ- 
 ing, by scraping the letters from the paper ; less properly, the re- 
 moval of a part of a writing, by any means ; obliteration ; the place 
 where a part of a writing has been erased. 
 
 Erciscere, I. In the civil law. , To divide or partition. 
 
 Erciscundus, I. In the civil law. To be divided. 
 
 Ergo hie, I Therefore here,— words used in argument. Ergo nee liic: 
 therefore neither here. 
 
 Ergolabi, gr.-l. In the civil law. Undertakers of work ; contractors. 
 
 Erigimus, L "We erect, — a word by which a corporation may be created 
 in England by charter. 
 
 Errant, Erraunt, I fr. In English law. Itinerant; traveling about. 
 V. Eyre. 
 
 Erraticum, I I. In old law. A waif ; an astray. 
 
 Errer, I. fr. To go. Erra: shall go. 
 
 Erronice, /. I. In old law. Erroneously ; through mistake. 
 
 Error, I. and eng. Mistake ; a mistake in the foundation or in the pro- 
 ceedings, in a suit in a court of record, in matter of law or fact 
 Error fucatns nuda Teritate in mullis est probabilior; et Siepe- 
 numero rationibus vincit veritatem error: error artfully disguised 
 [or colored] is, in many instances, more probable than naked truth ; 
 
286 ERROR — ESCHANGE. 
 
 and frequently error overwhelms truth by [its show of] reasons. 
 Error juris nocet: error of law injures. Error nominis nuuqnam 
 nocet, si de identitate rei constat: a mistake in the name of a 
 thing is never prejudicial, if it be clear as to the identity of the 
 thing itself [where the thing intended is certainly known]. Error 
 qui non resistitur approbatnr: an error which is not resisted or 
 opposed is approved. Error scribentis nocere non debet: the mis- 
 take of a writer [a clerical error] ought not to injure. Errores ad 
 sua principia referre, est refellere: to refer errors to their sources 
 is to i-efute them. 
 
 Error, writ of. An original writ which lies after judgment in an ac- 
 tion of law, in a court of record, to correct an error of fact or an 
 error of law apparent of record. Error coram nobis: in England, 
 formerly a writ of error to correct an error of fact in the King's 
 Bench, the error being corrected in the court in which it was com- 
 mitted. Error coram vobis: a writ of error in like manner to cor- 
 rect an error in the Common Bench, v. Coram. 
 
 Escseta, I. I. In old English law. An escheat. Esc%t% vulgo dicun- 
 tur quae, decedentibus Ms qui de rege tenant in capite, cum non 
 extat ratione sanguinis haeres, ad flscum relabuntur: those things 
 are commonly called escheats, which, on the death of the king's ten- 
 ants in capite, without heirs of blood, revert to the iisc, or treasury. 
 
 Escaetor, I. I. In old English law. An escheatoi\ 
 
 Escambio, breve de, I. I. In old English law. A writ of exchange, — 
 a license in the shape of a writ, granted to an English merchant, to 
 draw a bill on another in foreign parts. 
 
 Eseambium, eschambinm, excambium, I. I. In old English law. Ex- 
 change. Escambium ad valentiam: an allowance to a tenant who 
 vouched another to warranty out of the land of the vouchee to 
 make up to the tenant what he had lost 
 
 Escape. An escape of a person from lawful arrest or imprisonment, 
 whether violent pr secured through collusion ; whether negligent, 
 that is, without the knowledge or consent of the oflScer, or volun- 
 tary, that is, by the officer permitted. 
 In English law. Escape warrant: a warrant directed to all sheriflEs, 
 etc., throughout England, commanding them to arrest a person es- 
 caped from imprisonment on mesne process or on execution. 
 
 Escapium, escapia, 1. 1. In old English law. An escape ; a chance, or 
 accident v. Eschapium. 
 
 Eschseta, escseta, I. I. In old English law. An escheat ; the falling of 
 a material object, as a tree ; the appendages of a tree felled ; the 
 droppings of straw on the ground. Escsetas quercuum: escheats 
 of oaks. 
 
 EschfBtor, escaetor, I. I. In old English law. An escheator. 
 
 Bschange, eschaunge, I. fr. Exchange. Escbaunges a la Taillaunce: 
 exchanges to the value. 
 
ESCHEAT — ESPLEES. 287 
 
 Escheat. To fall back, to revert, return or become forfeited to the lord, 
 the crown, or the state. 
 
 Escheat. In American law. The reverting of land to the state, on the 
 death of the owner without lawful heirs. 
 In feudal and English law. The falling back of lands to the lord in 
 consequence of the extinction of the blood of the tenant ; the land or 
 fee itself so falling ; profits falling to the lord on death of the ten- 
 ant without heirs ; material substances falling to the ground, as es- 
 cheat of wood, meaning all appendages of lop and top of a tree cut 
 down. Escheat propter defectum sangruinis: escheat through death 
 of the tenant without heirs. Escheat propter delictuin tenentis: 
 escheat through attainder of the tenant Escheat, writ of: a writ 
 which anciently lay for a lord to recover possession of lands that 
 had escheated to him. 
 
 Escheator, escheatei'. In American law. An officer appointed to take 
 charge of escheated estates, sometimes termed escheator general. 
 In old English law. An officer appointed by the lord treasurer in 
 every county to look after the escheats which fell due to the king in 
 his particular county. 
 
 Eschier, eschire, eshire, eshuer, eshure, eschure, escheter, /. fi: To 
 fall or happen ; to descend; to escheat 
 
 Escliiier, eschure, eschever, I. fr. To shun or avoid ; to eschew. 
 
 Escrie, I. fr. Notorious ; proclaimed. Felons escries: notorious felons. 
 
 Escript, escrit, I. fr. Writing ; a writing ; a written instrument 
 
 Escrow, Escrowe, escrovet, /. fr. A scroll, or writing ; a mere writing, 
 as distinguished from a perfect deed ; a deed delivered to a third 
 person to be delivered over to the grantee or obligee, upon perform- 
 ance of some act or fulfillment of some condition, and to take effect 
 only upon such delivery over. 
 
 Escrowl. In old English law. An escrow ; a scroll. 
 
 Escuage, I. fr. In old English law. Service of the shield ; a kind of 
 knight-service, in which a tenant was bound to follow his lord to war 
 at his own charge ; later, a pecuniary commutation for actual service. 
 
 Esee, I. fr. Easy. Esement: easily ; an easement 
 
 Eskipper, estepper, escepper, I. fr., Eskippare, I. I In old English 
 law. To ship. Eskippa: shipped. 
 
 Eskippamentum, 1. 1. In old English law. Tackle or furniture of ships. 
 
 Eslier, I. fr. To choose. Esle, eslieus, eslus: chosen. 
 
 Eslisors, esliors. v. ElisoH. 
 
 Esloigner, I. fr. To remove or eloign ; to adjourn. 
 
 Esnecy. In old English law. The privilege of the eldest; the privilege 
 of the eldest among coparceners, to have the first choice upon di- 
 vision of the inheritance. 
 
 Esplees. In old practice, profits ; the full profits of land including all 
 crops, rents, issues and services ; the land from which such profits 
 are derived ; the profits of other subjects. 
 
288 ESPOUSALS — EST. 
 
 Esponsals. The contract of mutual promise between a man and a 
 woman, to marry each other. 
 
 Esquire, esquier. In English law. A name or title of dignity next 
 above gentleman, and below knight ; a title of office given to sher- 
 iffs, Serjeants and barristers at law, justices of the peace, and 
 others. 
 In old law. A knight's attendant, who waited on him in time of war, 
 and bore his shield, or armor. 
 
 Essart, Essartum, esartuin, exartuin, 1. 1. In old English law. Wood- 
 land turned into tillage, by uprooting the trees, and removing the 
 underwood. 
 
 Essarter, I. fr. In old English law. To clear land of trees and un- 
 derwood ; properly to thin woods by cutting trees, etc., at inter- 
 vals. 
 
 Esse, I. To be ; being ; to appear in court Essendum, essendi: being ; 
 of being. Essendl (or de essendo), qnietum de theolonio: v. De 
 essendo, etc. 
 
 Essentialia negotii, I. The essential parts of a transaction. 
 
 Essoin. In English law. To present an excuse for not appearing in 
 court on an appointed day, in obedience to a summons ; to cast an 
 essoin. 
 
 Essoin, essoign, Essoiue, essoyne,. exoine, agoyne, assoygne, I. fr., Es- 
 soniaiu, exonium, 1. 1. In English law. An excuse for not appearing 
 in court at the 'return of process ; the exhibition or presentation of 
 such excuse to the court. Essoin day: the first day of the term on 
 which the court sat to receive essoins. Essoin de seirvitio regis 
 (de service del roy): an excuse that the party was absent on the 
 king's service. Essoin de terre sancta (de terra seynte): an 
 excuse that the party was absent in Palestine. Essoin de ultra 
 mare (de outre mer): an excuse that the party was absent be- 
 yond sea. Essoin de inflrmitate or de malo lecti (de mal de 
 lyt,: an excuse that the party was ill in bed. Essoin de malo ven- 
 iendi (de mal de venue): an excuse that the party had met with 
 an accident in coming. Essoin roll: a roll upon which essoins were 
 formerly entered. , 
 
 Essoneour,7. /r., Essoniator, I. I. In old English law. An essoiner; 
 an excuser. 
 
 Essoniare, I. I. In old English law. To present an excuse or essoin to 
 a court ' 
 
 Essoniatus, I. I. In old English law, A person essoined, or for whom 
 an essoin was presented. 
 
 Essonium, exonium, exonia, soniuni, I. I. In old English law. An ex- 
 cuse for not appearing in court; an essoin ; an excuse or reason, in 
 general. ^ 
 
 Est, I. fr. Is; it is; there is. Est a scavoir: it is to be understood; 
 to wit 
 
EST — ESTATE. 289 
 
 Est, I. Is; it is; ther^ is. Est allquid qnod non oportet otiam si licet); 
 qnicqnid yero non licet certe non oportet: there is something [are 
 some tilings] wliioii ougitt not to be done, even thougti it be lawful ; 
 but whatever is not lawful certainly ought not to be done. Est bopi 
 judicis ampliare jurisdietionem: it is [the duty] of a good judge 
 to enlarge [construe liberally] his jurisdiction. Est ipsorum le^is- 
 latorum tanquam viva vox; rebns et non rerbis legem imponi* 
 mus: [the voice, utterance or declaration] of legislators themselves 
 is like the living voice [the spoken word of an individual] ; we im- 
 pose law upon things, not upon words. 
 Establir, I. fr. In old English law. To establish or ordain as a law ; 
 to fix or settle, as dower. Establie est: it is ordained. Establjr: 
 fixed or settled. 
 Establishment. In old English law. An ordinance or statute ; an es- 
 tablished law. 
 Establissement, Z. /n In eld English law. An establishment or ordi- 
 nance ; an act or statute ; the settlement of dower on a woman by 
 her husband. 
 Estate. An interest in lands, or in any other subject of property ; the 
 property in which one has an interest, — technically called the corpus; 
 condition in life, status. Estate at sufferance: an estate which a 
 tenant has where he is allowed to hold over after his term. Estate 
 at will: an estate less than freehold, terminable at the will of the 
 lessor. Estate by elegit: v. Elegit. Estate by statute merchant: 
 V. Statute merchant. Estate by the curtesy: v. Curtesy. Estate 
 for life: a freehold estate, not of inheritance, which a man has, to 
 hold for the term of his own life, or for the life of another or the 
 lives of others. Estate for years: an estate less than freehold, where 
 a man has an interest and a possession by virtue of such interest, for 
 some fixed period of time. Estate from year to year: an estate 
 under a lease for a year which will arise at the end of the term for 
 another like teon where neither of the parties terminates the liold- 
 ing. Estate in common: an estate in lands held by several persons 
 with interests accruing under different titles, or under the same 
 title at different periods, or conferred by words of limitation im- 
 porting that the grantees are to take in distinct shares. Estate 
 in coparcenary: v. Coparcenary. Estate in dower: v. Dower. 
 Estate in expectancy: an estate where tlie right to tlis pernancy of 
 the profits is postponed to some future period. Estate in fee-simplet 
 -V. Fee. Estate in fee-tail: v. Fee-tail. Estate in joint tenancy: 
 V. Joint tenancy. Estate in possession: an estate in virtue of 
 which there is a present right of entry and enjoyment Estate In 
 remainder: v. Remainder. Estate in reversion: v. Reversion. 
 Estate in severalty: v. Severalty. Estate in vadio: an estate in 
 gage, or pledge. Estate of inlieritance: a freehold estate in lands,, 
 19 
 
290 ESTATE — ESTRAY. . 
 
 otherwise called a fee. v. Fee. Estate pnr antre vie: an estate for 
 another's life. Estate upon coudition: v. Condition. 
 
 Estates of the realm. In English law. The lords spiritual, the lords 
 temporal, and the commons. 
 
 Estendre, I fr. To extend, or lay out Estendn: extended. 
 
 Estente, estant, esteinte, I. fr. Extent ; the laying out of lands ; value ; 
 estimation. 
 
 Ester, estre, estoier, I fr. To stand ; to be. Ester in judgment: to 
 appear in court as a party. Estolte: was. Estoyent: were. 
 
 Esterllng, sterling. The silver penny of England ; good money ; law- 
 ful money ; standard silver money. 
 
 Esto, I. Be it ; supposa Esto perpetnlt: be it eternal. 
 
 Estop. To stop, bar, or impede ; to prevent; to precluda 
 
 Estoppel. An impediment, or bar, by which a man is precluded in law 
 from alleging or denying a fact, in consequence of his own previous 
 act, allegation or denial, to the contrary ; a pleading which sets up 
 some matter that bars the opnosite party from alleging a fact. Estop- 
 pel by deed : an estoppel which arises where a party has executed a 
 deed reciting a fact, and which precludes him from afterwards de- 
 nying, in any action brought upon that instru.nent, the fact recited. 
 Estoppel by matter in pais: an estoppel by matter that is neither 
 a record nor a deed, an estoppel, that is, arising from an open act, 
 or a verbal representation or declaration upon which another has 
 acted. Estoppel by matter of record: an estoppel arising from an 
 admission by a party made in a court of record in a pleading or 
 otherwise, or from a judgment against the party, or some one to 
 whom he is a privy. Estoppel, collateral: the collateral deter- 
 mination of a question by a court having general jurisdiction of the 
 subject 
 
 EstoTer, I. fr., EstoTeria, estoverium, I. I. In old English law. An 
 allowance made to a person out of an estate for his support ; an 
 allowance of wood to a tenant in dower for repairs, fuel and fenc- 
 ing ; an allowance to a commoner for like purposes ; an allowance 
 of forage for horses. Estoveria sediflcandi, ardeudi, nrandi et 
 clandiendi: estovers of building, burning, ploughing and enclosing. 
 Estoveriis habendis: v. De estoveriis, etc. ; Bote. 
 EstOTers. An allowance made to a person out of an estate for his sup- 
 port ; an allowance to a woman upon divorce a mensa et thoro for 
 her support out of her husband's estate, — more commonly called 
 alimony ; an allowance of wood to a tenant for life or yeare. v. Bote. 
 Estoyer, estoier, estere, ester, ?./r. To stand ; to stand good. Estoyse 
 
 le primer jngement: the first judgment shall stand. 
 Estray. Any thing out (rf its place, especially a wandering domestic 
 animal. 
 In English law. Any valuable animal, whether beast or bird, that is 
 not wild, found within a lordship, and whose owner is not known. 
 
ESTRE — ET. 291 
 
 Estre, estr', I fr. To be ; being. Esteant: being. Este: been. Estoie: 
 was. 
 
 Estreat. In English law. To take out a forfeited recognizance from 
 the records of a court, and return it to the court of exchequer to be 
 prosecuted. 
 
 Estreat. In English law. A true copy or duplicate of an original writ- 
 ing ; an extract from the rolls or records of a court, especially rec- 
 ords of amercements ; more particularly, in modern law, a forfeited 
 recognizance taken out, estreated, i. e. extracted from among tho 
 records of the courts, and sent or returned to the court of exchequer 
 to be prosecuted. 
 
 Estrepamentum, estrepementnm, I. I. In old English laiv. A de- 
 structive kind of waste committed by a tenant for life or years in 
 lands, woods or houses ; estrepement. v. Estrepement. 
 
 Estrepe, I. fr. To strip or lay bare, as trees of their branches, or land 
 of wood, houses, etc. ; to commit waste, v. Estrepement. 
 
 Estrepement, estrepment, I. fr. and eng. Spoil made by a tenant for 
 life, on lands or woods, to the prejudice of the reversioner, as by 
 usage contrary to good husbandry, or by cutting down trees, or lop- 
 ping them further than the law will allow ; an aggravated kind of 
 waste committed in lands, woods, or houses, by a tenant for life or 
 ysars, and especially during the pendjency of a suit to recover posses- 
 sion. 
 
 Et, fr. And. Et de ceo se mettent en le pays: and of this they put 
 themselves upon the country. Et issint: and so. Et s'il eit re- 
 turne altres, vostre challenge est a les testes: and if he have 
 returned others, your challenge is to the polls. 
 
 Et, I. And. Et al.: and another. Et alia enormia, etc. : and other 
 wrongs, etc. v. Alia enormia. Et semble: and it seems. 
 In old English law. Et adjonrnatur: and it is adjourned. Et alii: 
 and others ; — e contra: and others on the other side. Et de hoc 
 ponit se super patriam: and of this he puts himself upon the 
 country. Et el legitnr in haec Terba: and it is read to him in 
 these words. Et habeas ibi tunc hoc breve: and have you then 
 there this writ Et habuit: and he had [obtained] it. Et hiec sancta: 
 and these holy [things, i. e. gospels]. Et hoc: and this ; — para- 
 tus est veriflcare: and this he is ready to verify ; — petit quod 
 inqniratur per patriam: and this he pi-ays may be inquired of by 
 the country. Et inde: and thereof, or thereupon ; — petit jndi- 
 cium: and thereof he prays judgment; — prodncit sectam: and 
 thereupon he brings suit Et modo ad hnnc diem: and now at 
 this day. Et non: and not; — allocatur: and it is not allowed. 
 Et petit anxilium: and he prays aid. Et petunt anditum script! 
 prsedicti, et els legitur in haec verba: and they pray oyer of the 
 said writing, and it is read to them in these words. Et praedictus 
 A. similiter: and the said A. likewise. Et sic: and so ; — ad ju- 
 
292 ' ET — EX 
 
 dicium: and so to judgment; — ad patrjam: and so to the coun- 
 try ; — fecit: and he did so ; — pendet: and so it hangs ; — peudet 
 placitnm: and so the plea hangs ; — ulterins: and so on ; and so 
 further; and so forth. Et unde diclt: and whereupon he saya 
 Euangelies, ewangelies, I. fr. The gospels ; or evangelists. 
 Eando et redeundo, I. In going and returning. Eundo, morando, et 
 rcdeundo: in going, staying and returning,— a phrase used to ex- 
 press the privilege from arrest enjoyed fiy the parties to suits, wit- 
 nesses, etc. 
 Erasio, I. In old English law. Escape ; an escape from prison or cus- 
 tody. 
 
 Eventus, 2. In old English law. An event; a thing which happens 
 from a cause. Ereutus est qui ex cansa sequitur, et dicuntnr 
 eventus quia ex causa eveninut: an event is that which follows 
 from a cause, and they are called events because they come out of a 
 cause. 
 
 Eyict. To recover land by process of law ; to dispossess of land by pro- 
 cess of law. 
 In the civil law. To take something from a person by virtue of a ju- 
 dicial sentence or recovery at law. 
 
 Eviction. The recovery of lands, etc., by form of law ; a dispossession 
 of lands by process of law ; an ouster ; a notice to quit ' 
 In the civil laip. The abandonment which one is obliged to make of 
 a thing, in pursuance of a sentence ; the sentence which orders such 
 abandonment ; the depriving of a buyer, without a sentence, of the 
 power to retain the thing bought ; the loss by a buyer of the thing 
 sold, or of a part of it, through a claim by a third person. 
 
 Evidence. That which tends to render evident or clear ; the means by 
 which the ti'uth of a fact or point in issue is made clear or demon- 
 strated ; any matter of fact, the effect, tendency or design of which 
 is to produce in the mind a persuasion aiHrmative or disaflSrmative 
 of the existence of some other matter of fact. Evidence of debt: 
 a written instrument or security for the payment of money, im- 
 porting on its face the existence of a debt Evidence of title: 
 deeds and other documents establishing the title to property, espe- 
 cially real estate. 
 
 Evidentia, L In the dvil late. Clearness or fullness of conviction. 
 
 Evidentiary. Having the quality of evidence ; evidencing. 
 
 Evincere, I In the civil law. To overcome or prevail at law ; to take 
 a thing from one by right of ownership, through a judicial sentence ; 
 to claim a thing by suit from one who had no right to it, but has 
 given or sold it to another, and so to recovfer it from the buyer. 
 
 Ew, sax. Marriaga Ewbrice: marriage breach ; adultery. 
 
 Ewe, I. fr. Water ; the water ordeal. Ewe donee: fresh water. 
 
 Ex, I. According to ; at ; by ; from ; in ; of ; out of ; upon ; with. Ex 
 abundant!: out of abundance ; abundantly ; superfluously ; — can- 
 
EX 293 
 
 tela: out of abundant caution. Ex abnndantia: out of abundance. 
 Ex abusn non argnitur ad usuin: from the abuse of a thing you can- 
 not argue as to its use. Ex adverso: on the other side. Ex iequi- 
 tate: according to equity ; in equity. Ex a'quo et bono: accord- 
 ing to what is just and good. Ex altera parte: of the other part 
 Ex antecedentibus et coiisequentibus lit optima interpretiitio: 
 the best interpretation is made from the antecedents and the conse- 
 quents. Applied to the construction of a clause in a written instru- 
 ment, and meaning that all parts of the instrument should be taken 
 together. Ex arbitrio jiidicis: at, in or upon the discretion of 
 the judge. Ex assensu: with the assent; — curiae: with the as- 
 sent of the court ; — patris: by or with the father's consent ; — sno: 
 with his assent Ex assignatione: from or on the assignment 
 Ex capite doli, or fraudis: on the ground of fraud. Ex com- 
 itate: outof comity, or courtesy. Ex comparatione scriptoriim: by 
 a comparison of writings, or handwritings. Ex concessione: from 
 or by the grant Ex concessis: from things or pi-eraises granted. Ex 
 consaltn: from consultation. Ex contractu: from contract; arising 
 out of, or founded on, contract. Ex debito justltiae: from, or as a 
 debt of justice ; as a matter of right Ex debito uatnrali: from nat- 
 ural obligations. Exdefectu: for or from a defect; — juris: for a 
 defect in right ; — sanguinis: from failure of blood ; for want of issue. 
 Ex delicto: from fault or crima Ex dem., demissione, dimissione: 
 from, or on the demise. Ex directo: directly ; immediately. Ex 
 diutnrnitate temporis, omnia prscsiimuntur solemniter esse acta: 
 from length of time [after lapse of time] all things are presumed to 
 have been done in due form. Ex dolo male: out of fraud ; — non 
 oritur actio: out of fraud no action arises ; fraud never gives a right 
 of action. Ex eo quod plerumque lit: from that which frequently 
 happens. Ex facie: on the face. Ex facili: easily. Ex facto: from, 
 or in consequence of, an act or thing done; — jus oritur: law 
 arises out of /act, or is brought into exercise by fact Ex llctione 
 juris: out of, or by fiction of law. Ex gratia: out of grace, or favor. 
 Ex hypotUesi: according to the hypothesis. Ex improviso: with-r 
 out preparation. Ex incontinenti: incontinently. Ex industria: 
 from, or with a deliberate design ; on purpose. Ex insinuatione: 
 on the suggestion or information. Ex integro: anew ; afresh. Ex 
 interTallo: after an interval. Ex justa causa: from a just or law- 
 ful cause ; by a just or legal title. Ex jure naturae: by the law of 
 nature. Ex mora: from, or in consequence of delay ; — debitoris: 
 on account of the debtor's delay. Ex more: according to custom. 
 Ex multitudine signorum, colllgitur identitas vera: from a great 
 number of signs or marks, true identity is gathered or made up. 
 Ex natnra rei: from the nature of the thing. Ex necessitate: of 
 necessity ; — legis: from, or by necessity of law ; — rei: from the 
 necessity or urgency of the thing or case. Ex undo pacto non 
 
294 EX 
 
 oritur [nascitnr] actio: out of a nude or naked pact [that is, a 
 bare parol agreement without consideration] no action arises. Ex 
 officio: by virtue of oflSce. Ex pacto illicito uon oritur actio: 
 from an illegal contract, an action does not arise. Ex parte: from, 
 or of a part or side ; from, or upon one side ; — materna: on tlie 
 maternal side ; — paterna: on the paternal side, Ex post facto: 
 by matter happening afterwards ; from a later act or event ; — law: 
 a law which operates by after-enactment; a law which makes crim- 
 inal an act done before its enactment and which when done was 
 innocent, or a law which renders an act done before its enactment 
 punishable as it was not punishable when it was done. Ex prae- 
 cog'itata malicia: of malice aforethought Ex prajmissis: from the 
 premises. Ex proprio motu: of his own accord ; — vigore: of its, or 
 their own force. Ex provisioiie hominis: by the provision of man, — 
 by the limitation of the party, as distinguished from the disposition 
 of the law ; — yiri: lands settled on the wife in tail by provision 
 of the husband, or on both the husband and the wife by provision 
 of the husband's ancestor. Ex quasi contractu: arising as if from 
 a contract. Ex rel., relatione, relatu: on the relation, or informa- 
 tion. Ex scriptls olim visls: from writings formerly seen. Ex 
 snperabundanti: out of superabundance, or superfluity; — et ad 
 majorem cantelam: outofsuperabundanpe, and for greater security. 
 Ex tempore: from or in consequence of time ; by lapse of time. Ex 
 testaineuto: from, by or under a will. Ex tota materia emergat 
 resolntio: the explanation should arise out of the whole subject^ 
 matter. Ex trausverso: across ; — vise: across the way. Ex turpi: 
 out of a base [thing] ; — cansa noii oritur actio: out of a base [illegal, 
 or immoral] consideration, an action does [can] not arise; — con- 
 tractu actio non oritur; from an immoral or iniquitous contract, an 
 action does not arisa Ex una parte: of one part or side ; on one side. 
 Ex ntraque parte: on both sides. Ex utrisque parentibus con- 
 junct!: related on the side of both parents ; of the whole blood. Ex vi 
 ant metu: by force or fear. Ex vi termini: by the force of the term. 
 Ex visceribus: from the bowels ; from the interior or essential sub- 
 stance ; — causBB: from the bowels or heart of the cause ; — testa- 
 men ti: from the particular will- in question itself, without reference 
 to the language or construction of other wills. Ex visitatioue Dei: 
 by the visitation of God. Ex visu scriptionis: from sight of the 
 writing ; from having seen a person write. 
 In old English law. v. siipra. Ex causa: by title ; — lucrativa: by 
 a lucrative title [gratuitously] ; — successionis, sive ex causa per- 
 quisiti: by title of succession, or by title of purchase ; — succes- 
 sionis, Tel donationis, vel ex causa dotis, vel ex aliqua alia justa 
 cansa acquirendi: by title of succession, or of gift ; or by title of 
 dower, or by any other lawful title. Ex certa scicntia: of certain 
 knowledge. Ex commodato: from, or out of loan. Ex dicto ma- 
 
EX — EXCAMBIAEK 296 
 
 joris partis: according to the saying, or verdict of the majority ; 
 — juratoruin: according to the verdict of the major part of the 
 jurors. Ex eiupto: out of purchase; founded on purchase. Ex 
 gratia special!, certa scientia et mero motn: out of special grace, 
 certain knowledge and mere motion. Ex gravi querela: from, or 
 on the grievous complaint ; an old writ which lay for a person to 
 whom any lands or tenements in fee were devised by will under a 
 special custom, where the heir of the devisor entered and detained 
 them. Ex licentia regis: by the king's license. Ex iocato: from, 
 or out of letting. Ex mero motu: of mere motion. Ex mutuo: 
 from, or out of loan. Ex parte talis: on the behalf of such a one ; 
 an old writ which lay for a bailiff or receiver who could not obtain 
 a reasonable allowance from auditors of his account Ex patientia: 
 by sufferance. Ex paucis: from a few things or words ; — plnrima 
 concipit ingeniuin: from a few words or hints the understanding 
 conceives many things. Ex rigore juris: according to the rigor of 
 law. Ex speclall gratia, certa scientia et mero motu: of special 
 grace, certain knowledge, and mere motion. Ex statato: according 
 to the statute. 
 In the civil law. v. supra. Ex bonis: of the goods or property. 
 Ex bono et sequo: according to what is good and just. Ex conti- 
 nenti: immediately. Ex cnlpa levlssima: from the slightest fault 
 Ex latere: from the side; collaterally; a collateral relation. Ex 
 lege, legibus: according to the laws. Ex maleflcio: from, arising 
 out of, or founded upon misconduct or nialfeasance ; out of a vicious 
 or illegal act; — non oritur contractus: a contract cannot arise out 
 of an act radically vicious and illegal Ex stipulatu actio: an ac- 
 tion of stipulation, — an action given to recover marriage portions. 
 
 Exaction. The taking of a fee by an officer or one in pretended author- 
 ity, where none is allowed by law. 
 
 Exactor, I. In old English law. A collector of taxes and other public 
 moneya Exactor regis: a collector of the taxes and other moneys 
 due to the king's treasury. 
 In the civil law. A collector. Exactores tribntorum: collectors of 
 taxes. 
 
 Exaltare, 1. 1. In old English law. To raise or elevate. Exaltare stag- 
 num: to raise a pool ; to raise the water in a pond by damming, so 
 as to overflow the land of another. 
 
 Examen, II. A trial. Examen compnti: the balance of an account 
 
 Examination de bene esse. v. De bene esse. 
 
 Examined copy. In English law. A copy of a record or paper, sworn 
 to have been examined with the origihal. 
 
 Examiner in cliancery. An officer of the court before whom witnesses 
 are examined, and their testimony reduced to writing. 
 
 Excamb. In Scots law. To exchange. 
 
 Excambiare, excambire, 1 1. In old English law. To exchange. 
 
296 EXCAMBI ATOR — EXCEPTION. 
 
 Exeambiator, I In old English law. An exchanger, a broker. 
 
 Excambion. In Scots law. Exchange. 
 
 Excambinm, escainbinm, cambinm, 1. 1. In old English law. Ex- 
 change, exchange of lands ; a recompense or equivalent. in value. 
 
 Excepta diguitate regali, I. Saving the royal dignity. 
 
 Bxceptio, I In old English law. The first pleading on the part -of the 
 defendant ; an exception taken by a party to the trial ; an objection 
 to a juror; an exception in a deed. Exceptio ad breve proster- 
 nenduin: an exception or plea to overthrow or^^bate the writ: a 
 plea in abatement. Exceptio ejns rei cujus petitur dissolntio 
 nulla est: a plea of that matter the dissolution of which is sought 
 [by the action] is null [or of no effect]. Exceptio flrmat regulam 
 ia casibns non exceptis: the exception coniirms or strengthens the 
 rule, in the cases not excepted. Exceptio nulla est versus ac- 
 tionem quae exceptionem perimit: there is [can be] no plea against 
 an action which destroys [the matter of] the plea. Exceptio probat 
 regulam (de rebus non exceptis): the exception proves the rule (so 
 far as concerns things not excepted). Exceptio quje flrmat legem, 
 exponit legem: an exception which confirms the law explains the 
 law. Exceptio rei judicatse: a defense based on a previous adjudi- 
 cation. Exceptio semper ultima ponenda est: an exception should 
 always be put last,— a rule in conveyancing. 
 In the civil law. An exception ; in a general sense, a judicial allega- 
 tion which the defendant opposes to the action ; in a stricter sense, 
 the exclusion of an action which lay in strict law, on grounds of 
 equity ; in the modern sense, any objection of a defendant by which 
 ho alleges a near fact by way of defense. Exceptio dilatoria: a 
 dilatory exception. Exceptio doli mali: an exception or plea of 
 fraud. Exceptio in factum: an exception on the fact; an excep- 
 tion or plea founded on the peculiar circumstances of the case. Ex- 
 ceptio jnrisjnrandi: an exception of oath; an exception or plea 
 that the matter had been sworn to. Exceptio metus: an exception 
 or plea of fear or compulsion. Exceptio pact! conventi: an excep- 
 tion of compact; an exception or plea that the^plaintiil had agreed 
 not to sue. Exceptio pecnnise non numeratae: ati exception or plea 
 of money not paid ; a defense allowed a party where he was sued 
 on a promise to repay money that he had never received. Exceptio 
 peremptoria: a peremptory exception. Exceptio rei judicatse: an 
 exception or plea of matter adjudged ; a plea that the subject-matter 
 of the action had been determined in a previous action. Exceptio 
 rei venditiB et traditae: an exception or plea that the article claimed 
 in an action was sold and delivered to the defendant Exceptio 
 temporis: an exception or plea of time, or lapse of time, — that is, of 
 limitation. 
 
 Exception. An objection in writing, taken in the course of an action, — 
 B8 to bail or security put in by one of the pai-ties, to an opinion of a 
 
EXCEPTION — EXCUSABLE. 297 
 
 judge expressed on the trial of a cause, or to a pleading or a master's 
 report in chancery ; a clause in a deed excepting something out of 
 that which the deed has granted, as ground out of a manor, or a 
 room out of a house. 
 Exceptis, I Excepting, — one of the apt words for denoting an excep- 
 tion in a deed. Exceptis pras-exceptis: excepting what was before 
 excepted ; except as above excepted. 
 
 Exceptor, /. I In old English law. A party who excepted, or put in a 
 plea. 
 
 Excessive damages. Damages, given by verdict, which are unreason- 
 ably great in amount, and not warranted by law. 
 
 Excessus, 1. 1. In old English law. Excess ; transgression ; violation of 
 engagements. 
 
 Exchange. An original conveyance at common law for an exchange 
 of interest in land of the same degree, — as a fee-simple for a fee- 
 simple; a lease for so many years for a lease for so many years, etc. ; 
 a transfer of goods for other goods. 
 
 Exchequer. In England, the revenue department; the court of ex- 
 chequer. Exchequer bills: bills of credit issued by authority of 
 parliament Exchequer chamber: a court of appeals in England, 
 established as a court of appeal intermediate between the three su- 
 perior courts of common law and the House of Lords, and consist- 
 ing of any two of these courts, sitting as a court of error to revise 
 the judgment of the third. Now embraced in the appeals division 
 of the Supreme Court of Judicature. Exchequer, court of: one 
 of the three superior courts of law in England, but inferior in 
 rank to both the Queen's Bench and the Common Pleas ; originally 
 intended principally to order the revenues of the crown, and to re- 
 cover the king's debts and duties, but which long possessed the 
 character of an ordinary court of justice between subject and sub- 
 ject. Now the exchequer division of the Supreme Court of Judi- 
 cature. 
 
 Excipere, 1. 1. In old English law. To plead. Excipi: to be pleaded. 
 
 Excise. An inland imposition upon commodities, paid sometimes upon 
 the consumption of the commodity, or frequently upon the retail 
 sale. 
 
 Exclusa, I. I. In old English law. A structure for carrying off water, 
 especially such as is dammed or pent up, as in a mill pond or fish 
 pond ; a sluice. 
 
 Excommenge, 2. /r. Excommunicated. ' 
 
 Excommengement, I. fr. Excommunication. 
 
 Excommunication. In English law. An ecclesiastical interdict by 
 which one is cut off from communion with his church. 
 
 Excusable homicide. Homicide which the law excuses from the guilt 
 of felony, though deserving of some degree of punishment v. Hom- 
 icide. 
 
29 8 EXCUSARE - EXECUTION. 
 
 Excnsare, L In the civil law. To excuse ; to relieve or release from a 
 duty or obligation, for sufficient cause shown. Excasat ant exten- 
 uat delictam in capitalibns, qnod non operatur idem in eiTil- 
 ibus: that excuses or extenuates an offense in capital cases which 
 does not operate the same in cases of civil injuries. 
 
 Excnsatio, I. In the civil law. An excuse, an exemption or release 
 from duty or obligation, for sufficient cause shown ; a ground, cause 
 or reason for exemption from duty. 
 
 Excnsator, I I. In old English law. An excuser ; one who ofiEered the 
 excuse of another in court 
 
 Excuse. A ground of exemption or relief from some duty or liability ; 
 a matter alleged and presented to a court as a ground of such ex- 
 emption. 
 
 Excnssio, I. In old English law. Rescue or rescous. 
 In the civil law. A diligent prosecution of a remedy against a debtor ; 
 the exhausting of a remedy against a principal debtor. 
 
 Excntere, I. In the civil law. To search thoroughly ; to prosecute a 
 remedy against one to the uttermost, especially against a principal 
 debtor. 
 
 Execnte. To complete ; to carry out ; to make effectual ; to perform or 
 fulfil ; to carry into effect. 
 
 Executed. Finished; effected; fully performed; now in foi'ce; now 
 existent ; past. v. Executory. Executed consideriition: a consid- 
 eration ijerformed prior to the promise on which it is founded. Ex- 
 ecuted contract: a contract which is completed when it is made, as 
 upon a sale for cash. Executed estate: an estate in possession, by 
 which a present interest passes to, and resides in, the tenant, without 
 regard to any subsequent circumstance or contingency. - Executed 
 remainder: a remainder by which a present interest passes to the 
 party. Executed trust: a trust fully created and precisely defined. 
 Executed use: a use to which the legal possession or estate is trans- 
 ferred or annexed by statuta Executed writ: a writ carried into 
 effect by the oflScer to whom it is directed. 
 
 Exeoutio, I. The doing or following up of a thing ; the doing of a thing 
 completely or thoroughly ; management or administration ; the final 
 process in an action. Executio est finis et fructus legis: execution 
 is the end and fruit of the law. Executio juris uon habet injuriam: 
 the execution of the law does not work a wrong. 
 In old English law. Executio bonorum: management or adminis- 
 tration of goods. 
 
 Execution. The completion of an act or proceeding, by which it is 
 rendered operative or effectual ; the formality of signing, sealing 
 and delivery by the party making a deed, or of signing and publica- 
 tion by the party making a will, in the presence of witnesses ; the 
 act or mode of putting the sentence of the law in force, or of carry- 
 ing into effect the judgment or decree of a court ; the carrying into 
 
EXECUTION — EXEECERE. 299 
 
 effect of the sentence of the law by the infliction of capital punish- 
 ment 
 
 EKGCutor. A person appointed by a testator in his will to carry it into 
 effect 
 
 Execntor, I. In old English law. A person appointed or authorized to 
 execute or perform a duty or trust, especially to manage and dispose 
 of the property or estate of a deceased person. Executor a legfe 
 constitutus: an executor appointed by law; the ordinary of the 
 diocese. Executor a testatore constitutus: an executor appointed 
 by a testator. Executor ab episcopo constitutus, or executor dati- 
 vns: an executor appointed by the bishop ; an administrator to an 
 intestate. Executor testament!: an executor of a will. 
 In the civil law. A ministerial officer who executed or carried into 
 effect the judgment or sentence in a cause. 
 
 Executor de son tort, /. fr. An executor of his own wrong; an exec- 
 utor by his own wrongful act 
 
 Executory. Unfinished; yet to be performed; future. Executory 
 consideration: a consideration which is to be performed after the 
 making of the promise on which it is founded. Executory con- 
 tract: a contract which is to be executed at some future time ; a 
 contract upon which something remains to be done, — as where the 
 party binds himself to do, or not to do, a particular thing. Execu- 
 tory devise: in a general sense, a devise of a future interest in lands, 
 not to take effect at the testator's death, but limited to arise and vest 
 upon some future contingency; more strictly, a limitation by will 
 of a future contingent interest in lands, contrary to the rules of the 
 common law. Executory estate: an estate depending on some 
 future circumstance or contingency, which must happen before any 
 interest can pass. Executory remainder: v. Contingent remainder. 
 Executory trust: a trust which can have full effect only upon the 
 doing of some further act by the author of the trust, or the trustee, 
 and which in the meantime rests in covenant 
 
 Executry. In Scots law. The movable estate of a person dying, which 
 goes to his nearest of kin. 
 
 ExenipliUcation. A certified transcript, under seal, of a record. 
 
 Exemplum, I. An example; an instance. Exempla illustrant non 
 restringunt legem: examples illustrate the law ; do not restrict it 
 Exempli gratia: for purpose of example. 
 In the civil law. A copy ; a copy of a writing. 
 
 Exempt. To relieve from some service or duty to which others are 
 subject 
 
 Exequatur, I. Let him execute or perform his office ; the official recog- 
 nition of a person in the character of consul or commercial agent 
 
 Exequi, L In old English law. To execute. 
 
 Exercere, I. In the civil law. To employ ; to use in the course of busi- 
 ness ; to keep, as a tavern, or stable. 
 
300 EXERCITOR-EXIT. 
 
 Exercitor naTis, /. In the aivil law. The employer of a vessel ; the 
 person who sent a vessel to sea at his own risk, and received all her 
 earnings. 
 
 Exercitoria actio, I. In the civil law. An action which lay against 
 the employer of a vessel for the contracts made by the master, 
 
 Exercituale, I. I. In old English law. A heriot 
 
 Exfrediare, LI In old English law. To break the peace ; to commit 
 open violenca 
 
 Exhairedare, I. In the civil law. To disinherit ; to exclude from in- 
 heriting. 
 
 Exbseredatio, 2. In old English law. Disherison; an injury done to 
 one who has the inheritance, particularly to a remainder-man or re- 
 versioner. V. Ad exhceredationem. 
 In the civil law. Disinheritance ; a disinheriting. 
 
 Ex h teres, I. In the civil law. A person disinherited. 
 
 Exheredate. In Scots law. To disinherit; to exclude from inherit- 
 ing. 
 
 Exhibcre, I. In the civil law. To have out ; to show openly ; to ex- 
 hibit ; to produce a thing, so that it may be seen and handled. Ex- 
 hibere est prscsentiam corporis prjebere: to exhibit is to furnish 
 the presence of the body ; to present a thing or person corporeally. 
 
 Exhibit. To present or show in legal form ; to present to a court 
 
 Exhibit. A writing which, on the examination of a witness before an 
 examiner or commissioner, is exhibited to the witness to be proved, 
 and on the back of which the examiner or commissioner certifies 
 that such writing was shown to the witness and by him sworn to. 
 
 Exhibitio billse, I. I. The exhibition of the bill, — a phrase formerly 
 used in pleading, and generally equivalent to " the commencement 
 of the suit," the suit, where the proceedings were by bill, being com- 
 menced by the exhibition of such a bill to the court 
 
 Exigent, or exigi facias, I. I. In English law. A judicial writ used in 
 the process of outlawry, commanding the sheriff to demand the de- 
 fendant, from county court to county court, until he was outlawed; 
 or, if he appeared', to take and have him before the court to answer 
 to the plaintiff's action. 
 
 Exigenter. An ofiicer of the English Court of Common Pleas, whose 
 duty it was formerly to make out the exigents and proclamations 
 in the process of outlawrj-. 
 
 Exilinm, I. I. In old English law. Exile or banishment; a driving out, 
 or sending away of persons; a species of waste. 
 
 Exire, I. In old English law. To go out ; to issue, as a writ 
 
 Existens, I. I. Being. 
 
 Kxistimatio, I. In the civil laiv. The civil reputation which belonged 
 to the Roman citizen. 
 
 Exit wound. A wound made by a weapon in coming out of the body, 
 after having passed through it 
 
EXITUS — EXPLEES. 30 1 
 
 £xitDS, I. In old English law. Issue or offspring ; a child or cliildren ; 
 issues ; tlie rents or profits of land ; an issue, in pleading ; a duty on 
 goods exported ; the issue or result of an act ; an end. 
 Exle^alitas, 1. 1. In old English law. Outlawry. 
 Exlegare, I. I. In old English law. To outlaw ; to deprive of the bene- 
 fit and protection of the law. 
 Exiex, L I In old English law. An outlaw. 
 
 Esoncrare, I. I. In old English law. To discharge ; to relieve or re- 
 lease from a burden or liability. 
 Exoneratlo, I. Discbarge ; the discharge or unlading of a cargo. 
 Exoneration. In Scots law. A discharge, or a deed by which a person 
 
 is disburdened. 
 Exoneretnr, I. I. Let him be discharged ; an entry made on a bail- 
 piece, where bail are discharged, by the surrender of the principal, 
 or otherwise, signifying that the bail are exonerated. 
 
 Expatriation. The removing from, or forsaking of one's native country ; 
 the renunciation or abjuration of one's native allegiance. 
 
 Expect. To look for ; to wait for ; to look forward to, as to Bomething 
 probable, intended or contemplated ; to be in readiness to operate. 
 
 Expectancy, estate in. v. Estate in expectancy. 
 
 Expectant estate, v. Expectancy. 
 
 Expedit, I It is expedient or profitable. Expedit reipublicse: it is for 
 the interest of the state ; — ne sua re Quis male utatur: it is for the 
 interest of the state that a man should not enjoy his own property 
 improperly ["to the injury of others] ; — nt sit linis litiuni: it is for 
 the advantage of the state that there be an end of suits ; it is for 
 the public good that actions be brought to a close. 
 
 Expeditio brevis, 1. 1. In old law. The service of a writ 
 
 Expensse, /. In the civil law. Expenses or charges. Expenses circa 
 fnnns: funeral expenses. Expense litis: costs of suit 
 
 Experlentia per yarios actus legem facit, I. Experience, by various or 
 repeated acts, makes law. 
 
 Experiri, I. In the civil laxo. To sue ; to ti:y one's right by law. 
 
 Expert. A pereon having skill, experience or peculiar knowledge on 
 certain subjects, or in certain professions, who when called as a wit- 
 ness may testify to his opinion. 
 
 Expilare, I. In the civil law. To spoil ; to rob or plunder. 
 
 Expilator, I. In the civil law. A robber ; a spoiler or plunderer. 
 
 Expire. To come to an end ; to cease ; to terminate. 
 
 Expiry of the legal. In Scots law. Expiration of the period within 
 which an adjudication may be redeemed by paying the debt in the 
 decrea 
 
 Explacitare, I. 2. In old English law. To gain a suit ; to overcome in 
 pleading. 
 
 Gxplees. v. Esplees. 
 
302 EXPLETI A — EXTEND. 
 
 Expletia, explecia, explicia, II In old English law. The profits of 
 land. V. Explees. 
 
 Explicatio, I. In the civil law. A pleadiug corresponding witli the 
 surrejo nder of tlie common law. 
 
 Expoliare, exspoliare, I In the civil law. To rob, plunder or spoil ; 
 to deprive or take away. 
 
 Export. To carry out ; to carry out of a country ; to carry or send 
 goods from one country to another, in the course of trade. 
 
 Export. A thing or commodity exported. 
 
 Exportation. The act of exporting. 
 
 Expositio, I. Explanation ; interpretation. Expositlo quae ex Tisceribns 
 cansae nascitur, est aptissima et fortissiina in le^e: that kind of 
 interpretation which is born [or drawn] from the bowels of a cause 
 is the aptest and most forcible in the law. 
 
 Express, expressed. Distinctly mentioned in words or set down in 
 writing, as distinguished from what is implied by law. Express 
 abrogation: abrogation by express provision or enactment Ex- 
 press assumpsit: an express undertaking. Express consideration: 
 a consideration distinctly declared by the terms of the contract 
 itself. Express contract: a contract the terms of which are openly 
 declared at the time of making it. Express trust: a trust created 
 or declared in express terms, and usually in writing, as distin- 
 guished from a trust implied by law. Express warranty: a war- 
 ranty expressed by particular words. 
 
 Expressa, I. Things or words expressed, or expressly mentioned. Ex- 
 pressa nocent, non expressa non nocent: things expressed are 
 [may be] prejudicial ; things not expressed are not 
 
 Expressio, Z. Expression;, distinct mention in words or writing. Ex- 
 pressio eorum qusB tacite insnnt nihil operatur: the expression 
 or express mention of those things whicli are tacitly implied avails 
 nothing. Expressio uuius est exclusio alterius: the expression 
 of one thing is the exclusion of another. 
 
 Expressum, expressa, I Express; expressed; a thing or word ex- 
 pressly or distinctly mentioned. Expressum facit cessare taciturn: 
 that which is expressed makes that which is implied to cease [that 
 is, supersedes it, or controls its effect]. 
 
 Expromissor, I. In the civil law. One who assumes the debt of an- 
 other, discharging the first debtor, and making himself originally 
 liable in liis place. 
 
 Expromittere, I In the civil law. To undertake for another, with the 
 view of becoming liable in his place. 
 
 Exrogare, I In the Roman law. To take something from an old law, 
 by a new law. 
 
 Extend. In English law. To appraise the yearly value of the lands or 
 tenements of a person bound by statute or recognizance which has 
 
EXTEND — EXTINGUISHMENT. 303 
 
 become forfeited, that it may be known the creditor may retain them 
 in payment of the debt 
 
 Extendere, /. I In old English law. To appraise or value; to lay out, 
 survey, or make an inventory ; to set off, or assign. Extendere et 
 appreclare: to lay out and appraise. Extendere se: to amount to. 
 Extendernnt tali xx. libratas terrse pro decern: they set off to 
 such a one twenty pound-lands instead of ten. 
 
 Extendi facias, I. I. In English law. You cause to be extended ; the 
 name of a writ of execution more commonly called an extent 
 
 Extenslo, I. I In old English law. An extent 
 
 Extension. An enlargement of time for the payment of debts. 
 
 Extensores, I I. In old English law. Extenders or appraisers, — offi- 
 cers appointed to appraise and divide or apportion lands. 
 
 Extent, or extendi facias. In English law. A species of execution 
 upon debts of record due to the crown, or due a creditor upon re- 
 cognizance, statute merchant or staple, directing an appraisal of the 
 debtor's goods and lands, whereupon they are delivered to the 
 creditor upon his suing out a libertate. The writ differs from an 
 ordinary execution in that the body of the debtor and his goods and 
 lands can all be taken at onca Extent in cliief: an extent issu- 
 ing at the suit of the crown, for the recovery of the crown's debt 
 Extent in aid: an extent issuing at the instance and for the benefit 
 of a debtor to the crown, for the recovery of a debt due to himself. 
 In Scots law. The value or valuation of lands ; the rents, profits and 
 issues of lands. 
 
 Extenta, I. I. In old English law. An extent ; an estimate or valua- 
 tion, or, more properly, a survey or register of lands. Extenta 
 manerii: the extent or survey of a manor, — the title of a statute 
 4 Edw. I., st i, which was a sort of direction for making a survey 
 or terrier of a manor, and all its appendages. 
 
 Extentio, extensio, I I. In old English law. An extending, surveying 
 or laying out of lands. 
 
 Extenuate. To lessen : to palliate ; to mitigate. 
 
 Exterus, /. A foreigner or alien ; one born abroad. 
 
 Extinct. Extinguished, — as a rent when it is destroyed and put out 
 V. Extinguishment 
 
 Extincto subjecto, tollitur adjnnctnm, I When the subject is extin- 
 guished, the incident ceases. 
 
 Extinguishment. A putting an end to a thing, as an estate or right 
 usually by consolidating or uniting it with another. Extingruish- 
 ment of debt: a putting of an end to a debt as by judgment, or by 
 marriage of the creditor, a. feme sole, with the debtor. Extinguish- 
 ment of rent: a putting an end to rent as by a purchase of the 
 lands by the holder of the rent so that he has as good an estate in 
 the land as in the rent, or by conjunction of estates, by conflrma- 
 
304 EXTINGUISHMENT — EXTRA-JUDICIAL. 
 
 tion, by grant, by release, or by surrender. Extinguishment of 
 ways: a putting of an end to a way by unity of possession. 
 In English law. Extinguisliment of common: a putting of an end to 
 right of common, as by unitv of seisin or possession, by severance 
 from the land, by release, by approvement or enclosure, or by disso- 
 lution of the estate. Exting'uisliment of copyhold: a putting of an 
 end to a copyhold by a uniting of the copyhold interest and the 
 freehold in the same person in the same right 
 
 Extirpare, /. In old English law. To extirpate or root out ; to destroy 
 utterly, or from the foundation. 
 
 Extirpation. In English law. A species of destruction or waste, anal- 
 ogous to estrepement v. Estrepement; Extirpare. 
 
 Extortion. An unlawful or violent wringing of money or money's worth 
 from any man ; the offense of taking, by color of oflBce, any money, 
 or thing of value that is not due, or more than is due, or before it is 
 due. 
 
 Extra, I. Without; out of; beyond; except. Extra feodum: out of 
 his fee ; out of the seigniory, or not holden of him that claims it 
 Extra judicium: out of court; notbya judicial proceeding; not by 
 due couj-se of law; out of judgment; extra-judicial. Extra jus: 
 beyond the law ; more than the law requires. Extra legem: out of 
 the law ; out of the protection of the law ; — positus est ciyiliter 
 mortuus: one who is put out of the law [outlawed] is civilly dead. 
 Extra quatnor maria: beyond the four seas. Extra regnum: out 
 of the realm. Extra territorium: beyond or without the territory ; 
 — jus diccnti impune non paretnr: one who exercises jurisdiction 
 out of his territory is not obeyed with impunity. Extra viam: out 
 of the way. 
 
 Extra territoriality. A fiction by which a public minister, though 
 actually in a foreign country, is supposed still to remain within the 
 territory of his own sovereign. 
 
 Extract. In Scots law. The certified copy of the proceedings in an ac- 
 tion. 
 
 Extracta, 1. 1. In old English law. Extracts ; estreats ; profits arising 
 from amercements. Extracta cnrise: the issues or profits of holding 
 a court, arising from the customary dues, fees and amercements. 
 Extracta scaccarii, or de scaccario: estreats of the exchequer. 
 
 Extradition. Delivery from one nation or state to another of a fugi- 
 tive from justice, in pursuance of a law or treaty. 
 
 Extradotal. Not forming a part of a woman's dowry. 
 
 Extrahere, 1. 1. In old English law. To estreat Extraxit: estreated. 
 
 Extraiiura, I I. In old English law. An estray. 
 
 Extra-judicial. Out of the ordinary course of law, or of judicial pro- 
 cedure ; beyond the limits of judicial authority or duty ; out of, or 
 beside the matter to be adjudged. 
 
EXTRANEUS — FABRICATION. 305 
 
 Extraneus, I. In old English law. A stranger or foreigner ; one who 
 
 is born out of the king's dominions ; a person not known. 
 In the Soman law. An heir not subject to the power of the testator. 
 Extraparochial. Not within the bounds or limits of a parish. 
 Extremis, v. In extremis. 
 Extunc, I From then ; from thence ; thereafter. Extunc imperpet- 
 
 uum: from thenceforth forever. 
 Exuere patriam, I To renounce one's country or native allegiance ; to 
 
 expatriate one's self. v. Expatriation. 
 Exulare, I In old English law. To exile or banish. 
 By. In old English law. A watery place or water ; a place surrounded 
 
 by water. A frequent termination of names of places. 
 Eyde, eide, aide, L fr. Aid ; help ; relief ; assistance ; a subsidy. 
 Eyder, I. fr. To aid or help. 
 Eyes eid', I. fr. Have aid ; have relief. 
 Eye-witness. One who saw the act, fact or transaction to which he 
 
 testifies. 
 Eygne, eyne, eynesse, eyncsce, I. fr. Eldest v. Aisne. 
 Eyre, eire, eier, eyer. In old English law. A journey ; the journey 
 
 or circuit of the king's justices ; the court of the justices itinerant, 
 
 or justices in eyre. 
 Eyrer, I fr. To travel, or journey ; to go about or itinerate. 
 Eyt, I. fr. Have ; hath ; shall be ; will be. Eyent: have. 
 
 F. In old English law. The letter branded upon felons admitted to 
 clergy, upon persons guilty of falsity in breaking their oaths under 
 the statute of laborers, and upon fighters and makers of frays. 
 In the civil law. F. C.i Jidei commissum, or fldudcB causa, or fraude 
 creditoris. • F. D.: fides data, or fide data. F. F.: filius familias, or 
 fidem fecit. F. J.: fieri jussit. F. N. C: fidei nostra commisit. 
 
 Fabric lands. In English law. Lands given towards the mainte- 
 nance, rebuilding or repairing of cathedral and other churches. 
 
 Fabrica, I. I. In old English law. The making or coining of money. 
 
 Fabricare, 1. 1. In old English law. To forge ; to coin ; to make law- 
 fully. Fabricavit et contrafecit: (he) forged and counterfeited. 
 
 Fabricate. To forge ; to devise falsely ; to create by artifice, with a 
 view to deceive ; as to fabricate evidence, or facts the materials of 
 evidence. 
 
 Fabricated fact. A fact existing only in statement, without any foun- 
 dation in truth ; the semblance or appearance of a fact, created by 
 design and presented as a reality ; a fact tQ which a false appearance 
 has been designedly given. 
 
 Fabrication. Production of false and deceptive appearances ; the em- 
 ployment of physical objects for the purpose of making false im- 
 pressions and with a view to such impressions being reported in 
 evidence ; an arrangement of physical objects or appearances such 
 20 
 
306 FABRICATION -FACTORAGE. 
 
 as to convey false impressions of the nature of a transaction, and lead 
 to false inferences as to the persons concerned in it ; presentation, 
 through witnesses, of false impressions as facts, or of fabricated 
 facts as genuine ones. 
 
 Facere, 1. In old English law. To do, to make, to act ; to cause a thing 
 to be done. v. Facio; Facit. Facere defaltam: to make default 
 Facere duellum: to make the duel ; to engage in the combat, or 
 make or do battle, as the phrase still is. Facere flnem: to make or 
 pay a fine. Facere legem: to make one's law. Facere sacramen- 
 tnm: to make oath. 
 In the civil law. To do; to maka Facies? Faciam: will you do? 
 I will do. One of the forms of verbal obligation or stipulation. 
 
 Facias, I. I You cause, — an emphatic word in various writs. 
 
 Faciendo, I I Doing, making or paying, — one of the apt words of re- 
 serving a rent, used in ancient deeds. Faciendo inde talla servitia: 
 doing therefor such services. 
 
 Fades, I. The face, outward appearance or color of a thing ; the in- 
 spection or view of a thing. 
 
 Facile. In Scots law. Easily persuaded ; easily imposed upon. 
 
 Facility. In Scots law. Pliancy of disposition, 
 
 Facio ut des, I. In the civil law. I do that you may give, — a form of 
 words used to express that kind of contract by which a man agrees 
 to do a thing for a price or thing to be given him by another. Facio 
 ut facias: I do that you may do, — words used to express that kind 
 of contract in which a person agrees to do some act for another, if 
 the other will do some other act for him. 
 
 Facit, I. In old English law. He does or acts ; it makes, or contributes 
 to establish, v. Qui facit, etc. 
 
 Fact. A thing done ; a circumstance, event or occurrence. Further, in 
 the law of evidence, a physical object or appearance ; a reality, as 
 distinguished from supposition or opinion. 
 
 Facta, I. In old English law. Deeds ; facts. Facta armorum: deeds 
 or feats of arms, that is, jousts or tournaments. Facta et casus: 
 facts and cases. 
 
 Faetio, I In old English law. A doing, — applied to services done by 
 a tenant. 
 In the civil law. Faetio testamenti: the right, power or capacity of 
 making a will,^ called /aciio acMva; the right or capacity of tak- 
 ing by will, — called faetio passiva. 
 
 Facto, I. I. In fact ; by an act ; by the act or fact 
 
 Factor. A commercial agent who buys and sells goods for others on 
 commission ; in some of the states, a person in whose hands the 
 effects of another ai-e attached for debt, otherwise called trustee. 
 V. Factorizing process; Trustee process. 
 
 Factorage. The allowance paid to a factor, more commonly called 
 commission. 
 
FACTORIZING - FAIR 307 
 
 Factorizing process. In American law. A process like garnishment, 
 otherwise called trustee process, by which the effects of a debtor are 
 attached in the hands of a third person, v. lYustee process. 
 
 Factory. In Scots laic. A power or commission given ta a factor ; a 
 power of attorney. 
 
 Factum, I. A fact ; a thing done ; an act or deed ; the execution of a 
 will., Factum infettum Heri uequit: a thing done cannot be un- 
 done. Factum nou dicitur quod non perseverat: that is not said 
 to be done which does not hold out. Factum probandum: a fact 
 to be proved ; the principal fact in a case. Factum probans: a 
 proving or evidentiary fact. Factum uuius aiteri nocere non 
 debet: the act or deed of one man ought not to prejudice another. 
 In old English law. Further, a fault ; a culpable, unlawful or crim- 
 inal act; a thing or deed done in writing. Factum indentatnm: a 
 deed indented. Factum simplex: a deed poll. 
 In the civil law. A thing done ; an act or deed. Factum a judice, 
 quod ad ofiieium ejus non pertinet, ratnm non est: an act done 
 by a judge, which does not belong to his office, is not valid. Factum 
 cuiqne suum, non adversario, nocere debet: a party's own act 
 should prejudice himself, not his adversary. Factum negantis 
 nulla probatio sit [est]: there is no proof incumbent upon him who 
 denies a fact. 
 
 Faculties, court of. In England, a court of the archbishop which grants 
 various licenses, creates rights to pews, monuments, etc. 
 
 Faculty. Power or ability. 
 In English ecclesiastical law. A privilege granted to a man to do that 
 
 which, by law, he could not do. 
 In Scots law. A power founded on consent, as distinguished from a 
 power founded on property. 
 
 Facultas probationum non est angustanda, I. The power of proofs 
 [right of offering or giving testimony] is not to be narrowed. 
 
 Faesting-men, fasting-men. In Saxon law. Pledges, sureties or bonds- 
 men, which by custom were fast bound to answer for one another's 
 pe?,ceable behavior. 
 
 Failure of record. The failure to produce a record, after pleading it 
 
 Faint, or feigned action. In old English law. An action in which 
 the plaintiff had no title to recover, although the words of the writ 
 were true. Faint-pleader: a fraudulent, false or collusory man- 
 ner of pleading, to the injury of a third person. 
 
 Fair. In England, a larger sort of a market for the greater convenience 
 of domestic trade, held at certain times of the year, either by grant 
 from the crown, or by prescription which supposes a grant, 
 
 Fair. Just; equitable; equal; proper. Fair abridgment: a real con- 
 densation of copyright matter. Fair knowledge or skill: a reason- 
 able degree of knowledge or skill. Fair preponderance: of evi- 
 dence, a preponderance fairly perceptible. Fair pleader: v. Beau 
 
308 FAIR — FALSARE. 
 
 pleader. Fair sale: a sale made fairly as it affects the rights of 
 interested parties. 
 
 Faire, faiere, fere, fer, fr. To make or do. Faire gree: to make sat- 
 isfaction. Faire la foi: to make faith ; to do fealty. Faire sa ley: 
 to make his law. Faisant, feasant: doing. 
 
 Fait, fet, I. fr. A deed ; an act or fact ; an obligation for the payment 
 of money. Fait endeut: a deed indented. Fait polle: a deed poll 
 
 Faitll. In Scots law. A solemn pledge ; an oath. 
 
 Faitours, faitnres, I fr. Evil-doers ; idle persons ; vagabonds or va- 
 grants. 
 
 Faiz, I fr. Deeds ; facts ; business. 
 
 Falcare, I. In old English law. To mow ; to cut Falcare prata: to 
 mow or cut grass in meadows laid in for hay. Falcatio: a mowing. 
 Falcatnra: a day's mowing. 
 
 Falcata, I. In old English law. Grass fresh mown and laid in swathes, 
 
 Falcator, I. In old English law. A mower ; a servile tenant who per- 
 formed the labor of mowing. Falcatores: mowers. 
 
 Falcidia lex, I, Falcidian law. In the civil law. A law enacted on 
 motion of Publius Falcidius, tribune of the people, A. XJ. C. 714, by 
 which a testator was forbidden to give more in legacies than three- 
 fourths of all his effects. Falcidian portion: that portion of a tes- 
 tator's estate which by that law was required to be left to the heir. 
 
 Falda, I. I. In old English law. A sheepfold ; a place in which ani- 
 mals were shut up ; the liberty of faldage. 
 
 Faldsecnrsus, L I. In old English law. A fold course ; the course of a 
 fold ; a sheep walk, or feed for sheep. 
 
 Faldage, Faldsoca, sax. In old English law. The privilege of setting 
 up and moving about a sheep-fold for the purpose of manuring the 
 ground. 
 
 Faldare, I. I. In old English law. To fold. Faldari: to be folded. 
 
 Faldfey, sax. A fee or rent paid by a tenant to his lord, for leave to 
 fold his sheep on his own ground. 
 
 Fall. In Scots law. To lose, as to fall from a right, to lose or forfeit it 
 
 Falsa, I. False. Falsa denionstratio non nocet, cum de corpore (per- 
 sona), constat: false description does not injure or vitiate, provided 
 the thing or person intended have once been sufficiently dfescribed. 
 Falsa demonstratione legatnm non perimi [perimitur]: a bequest 
 is not rendered void by an erroneous description. Falsa gram- 
 matica: false or bad grammar ; — non Titiat concessionem: false 
 or bad grammar does not vitiate a grant Falsa ortliographia non 
 vitiat chartam [concessionem]: false spelling does not vitiate a 
 deed. 
 In the civil law. Falsa demonstratio: false designation ; erroneous 
 description of a person or thing. Falsa moneta: false or counter- 
 feit money. 
 
 Falsare, 1. 1. In old English laio. To counterfeit 
 
FALSARIUS-FAMA. 309 
 
 Falsarins, I I. In old English law. A counterfeiter. 
 
 False. Untrue, or illegal, or erroneous, with an implication of knowledge, 
 of error or untruth in the doing of the act. False action: v. Faint 
 action. False fact: the appearance or semblance of a fact ; a fact 
 existing only in statement, without any foundation in truth. False 
 imprisonment: an unlawful restraint of the person, whether in a 
 prison, or a private house, or by forcible detention in the public 
 street ; the action for such an injury. False Latin: ungrammatical 
 Latin. False personation: personating another person, and acting 
 in the assumed character, either to obtain property or exercising a 
 right belonging to such person, or to subject such person to a legal 
 liability. False pretenses: false statements or representations made 
 with intent to defraud, for the purpose of obtaining money or prop- 
 erty. False return: an untrue return made upon process. False 
 token: a false document or sign of the existence of a fact, used with 
 intent to defraud, for the purpose of obtaining money or property. 
 In English law. False claim: a claim by one of more than his due, 
 and amercement and punishment therefor. False judgment: a 
 writ which lies to the courts at Westminster, to reverse the judg- 
 ment of some inferior court not of record. 
 
 Falseliood. In Scots law. A fraudulent imitation or suppression of 
 truth, to the prejudice of another. 
 
 Falsification. In equity practice, the showing of an item in the debit 
 of an account to be wholly false, or in part erroneous. 
 
 Falsify, To prove false ; to avoid or defeat ; to reverse or avoid, as a 
 verdict or judgment. To show, in accounting before a master, that 
 a charge has been inserted which is wrong, that is, either wholly 
 false, or in part erroneous. To forge or counterfeit ; to make false ; 
 to give a false appearance to a thing. 
 
 Falsing. In Scots law. False making; forgery; making or proving 
 false. Falsing of dooms: proving the injustice, falsity or error of 
 the doom or sentence of a court ; the reversal of a sentence or judg- 
 ment 
 
 Falso retorno brevinm, I. I. In old English law. A writ which lay 
 against the sheriff who had execution of process, for false returning 
 of writs. 
 
 Falsonarius, I. I. In old English law. A counterfeiter; a maker of 
 false or spurious money. Falsonarii: counterfeiters. 
 
 Falsum, I. In the civil law. A fraudulent imitation, perversion or sup- 
 pression of truth. 
 
 Falsus, I. In old English law. False ; erroneous ; fraudulent Falsns 
 in uno, falsns in omnibus: false in one thing, false in every thing. 
 
 Fama, Z. In the civil and old English law. Fame ; character or repu- 
 tation. Fama patriae: fame of the country; report or common 
 opinion, upon which a man might anciently be indicted. 
 
310 FAMILIA — FARM. 
 
 Familia, I. In old English law. A family or household, including 
 servants, and all who were under the authority of one master ; a 
 portion of land suflBcient to maintain one family, — sometimes called^ 
 a hide of land, sometimes a manse, sometimes carucata or plough- 
 land. 
 In the Roman law. A family consisting of the servants or slaves, be- 
 longing to one common master : a household, — including wife, chil- 
 dren, servants and all others who lived in the same house, and in 
 subjection to one head ; a family or connection of persons related 
 by blood, and having a common descent ; a family estate or inherit- 
 ance ; family, or family right, — one of the three kinds of status or 
 conditions of persons. 
 
 FamilisB ercisciindse, I. In the civil law. An action brought by co- 
 heirs for the partition of their inheritance. ' 
 
 Familiares regis, 1. 1. In old English law. Persons of the king's house- 
 hold, the title of the " six clerks " in chancery. 
 
 Family. A body of persons living together in one house and under one 
 management or head ; in the more general sense, including parents, 
 children and servants ; in a stricter sense, including children over 
 age who have no home elsewhere ; in the strictest sense, parents 
 and children. Family physician: the physician who commonly 
 attends and is consulted by the members of a family. Family use: 
 such use as is appropriate to the individual needs of the members 
 of a household, and to the needs of the members collectively. 
 
 Famosus, I. In civil and old English law. Relating to, or affecting 
 character or reputation ; defamatory ; slanderous ; of bad character 
 or repute. Famosus libellns: a publication affecting character ; a 
 libel. 
 
 Fanatio, I. I. In old English law. The fawning season, or fence month 
 in forests. 
 
 Fang, fangen, sax. To take. 
 
 Farandman. In Scots laiv. A merchant stranger. 
 
 Fardel. In old English law. The fourth, or, according to some, the 
 eighth part of a yard-laud. 
 
 Fardingdeal, fardingdel, fardingel, fardindel, farthindel, farundel. 
 In old English law. The fourth part of an acre. 
 
 Faristel, sax. In Saxon law. A stopping or obstruction of ways. 
 
 Farley, farlen. In English law. Money paid by tenants in lieu of a 
 heriot 
 
 Farm. In American law. A tract of land devoted in part, at least, to 
 cultivation, whatever its extent, or the tenure by which it is held ; 
 a messuage with land, wood, etc., belonging to or used with it for 
 purposes of agriculture. 
 In English law. A term, a lease or leasehold estate ; the land itself 
 so let and held. 
 
FARM — FEALTY. 311 
 
 In old English law. The rent of land held under lease payable, an- 
 ciently in provisions, and later in money ; a term in lands ; the land 
 itself so held; a lease of a thing other than land, as of an impost; 
 the thing itself so held. 
 
 Farm let. To let for a farm, that is, for a term, — words of operation 
 in leases, introduced at an early period in England. Farm out; to 
 let for a term, at a certain rent, — usually applied to the farming of 
 revenues. 
 
 Farmer, farmor, fermor. In English law. One who held or hired 
 lands for a term, on payment of a rent ; a lessee of things other 
 than land. 
 
 Fas, I. Eight, justice ; the divine law. 
 
 Fastermans, fastermannes. In Saxon law. Sureties or securities; 
 bondsmen. 
 
 Fasti, I. In the Roman law. Lawful. 
 
 Fatetur, facinus qui judicium fagit, L He confesses his guilt who 
 flies from judgment. 
 
 Fatuitas, I In old English law. Fatuity ; idiocy. 
 
 Fatum, I. In the civil law. A superhuman power ; an event or cause 
 of loss, beyond human foresight or means of prevention; fate, 
 v. Damnum fatale. 
 
 Fatuus, I. In old English law. An idiot or fool ; foolish ; absurd, in- 
 discreet or ill-considered. Fatuum judicium: a foolish judgment 
 or verdict 
 
 Fauces terrse, I. Narrow headlands and promontories, enclosing a por- 
 tion of the sea within them. 
 
 Fausenerie, fausinerie, I. fr. Forgery. 
 
 Fauseour, I. fr. A forger, or counterfeiter. 
 
 Fanser, fauxer, faucher, I. fr. To falsify ; to counterfeit or forge. 
 
 Fansine, fausyn, I. fr. Forgery or counterfeiting. 
 
 Fantor, I, In old English law. A favorer or supporter of others ; an 
 abettor. 
 
 Faux, falx, fause, faix, I. fr. In old English law. False ; counterfeit 
 Faux action: a false action. Faux money: counterfeit money. 
 Faux peys: false weights. Faux serement: a false oath. 
 In the civil law. The fraudulent alteration of the truth. 
 
 Fauxer, fanser, faucher, I. fr. To falsify ; to forge or counterfeit 
 
 Favor. Partiality; bias; affection, v. Challenge. 
 
 Favorabilis, I. Favorable ; entitled to favor ; favored. Favorabilia in 
 lege sunt flscns, dos, Tita, libertas: things favored in law are the 
 treasury, do-syer, life and hberty. Favorabiliores rei potins quam 
 actores habentur: defendants are regarded as more entitled to 
 favor than plaintiffs. 
 
 Fealty. In feudal and English law. The obligation by which the ten- 
 ant or vassal was bound to his lord, to be faithful and true to him, 
 and to perform the services incident to his tenure ; the bond of fidel- 
 
312 FEALTY — FEFFOUR 
 
 ity, obedience and service, by which, generally, a subject is bound 
 to his sovereign, particjilarly a vassal to his lord ; the oath by which 
 the feudal obligation was assumed, and fidelity to the lord sworn by 
 the tenant 
 
 Fear. Apprehension of harm ; apprehension of harm or punishment, 
 as exhibited by outward and visible marks of emotion. 
 
 Fearme, sax. Food, provisions; a feast or entertainment Fearme 
 sillan: to give food. 
 
 Feasance, faisance, feasannce, fesance, feasans, Ifr. A doing ; the 
 doing of an act ; a making ; the making of an indenture, release or 
 obligation ; the making of a statute. 
 
 Feasant, faisant, fesaunt, I fr. Doing. 
 
 Feasor, I. fr. Doer ; maker. Feasors del estatute: makers of the statute. 
 
 Feat, I. fr. Done ; a deed. 
 
 Feciales, I An order of priests or heralds among the Bomans, whose 
 office was to declare war and make peace. 
 
 Fecial law. The law relating to declarations of war and treaties of 
 peace among the Romans. 
 
 Federal. Founded upon or formed by a league, treaty, or compact be- 
 tween independent states, — as the government of the United States. 
 In American law. Belonging to the general government, or union 
 of the states ; founded on or organized under the constitution or 
 laws of the United States. Federal qnestion: a question involving 
 the federal constitution, or a law or a treaty of the United States, 
 and a denial or evasion of the authority of the same. 
 
 Fee. An estate of inheritance ; a reward or compensation given to one 
 for the execution of his oflS.ce, or for professional services. Fee sim- 
 ple: an absolute estate of inheritance ; an unlimited estate in land 
 descendible to a man's heirs generally. Fee tail: a fee descendible 
 to a certain class of heirs only, as to the heirs of the body of the 
 owner. 
 In old English law. That which one holds of another by service ; 
 that which one holds by any title to him and his heirs ; land held 
 on condition of service, or held as an inheritance; a seigniory, 
 manor or lordship; an inheritance. Fee simple conditional: an 
 estate which arose before the statute de donis upon a grant to a 
 man and a limited class of heirs. 
 In feudal law. A stipendiary estate held of a superior by service ; 
 such an estate held as an inheritance ; the land itself held by service. 
 
 Fee-farm. In English law. A tenure of lands in fee, at a certain farm 
 or rent Fee-farm rent: the rent reserved on granting lands in fee- 
 farm ; the amount of which must have been at least one-fourth of 
 the value of the lands at the time of its reservation. 
 
 Feffe, I. fr. A feoffee. 
 
 Feflfement, fefment, I fr. A feoffment 
 
 Feffonr, I. fr. A feoffor. 
 
FEIGNED — FENCE. 313 
 
 Feigned issue. An issue produced in a pretended action between two 
 parties, for the purpose of trying a single question of fact It was 
 formerly frequently directed by a court of chancery, the issue being 
 produced upon a declaration, and plea, — the plaintiff declaring, by 
 a fiction, that he laid a wager of so much with the defendant, that 
 a certain fact was so, and then averring that it is so, and therefore 
 demanding the sum wagered ; the defendant admitting the feigned 
 wager, but denying that the fact is so. 
 
 Feisor, I. fr. A doer ; one who does a criminal act ; an offender. FeiSt 
 ours: makers. 
 
 Felagns, LI In Saxon law. One bound or pledged for another, — a 
 friend who was bound in the decennary for the good behavior of 
 another. 
 
 Fellow seryant. A servant in the same service with another and sub- 
 ject to the same general control. 
 
 Felo, LI. A felon. Felo de se: a felon of himself ; a self murderer. 
 
 Felon. One who has committed felony. 
 
 Felonia, fallonia, L L, Felonie, L fr. In old English law. Felony. Felo- 
 nia de seipso: felony of himself. Felouia implicatur in qualibet 
 proditione: felony is implied in every treason. 
 
 Felonice, LL In old English law. Feloniously ; an indispensable word 
 in indictments for felony. 
 
 Felonious. Having the quality of felony ; criminal. Felonious homi- 
 cide: the killing of a human creature of any age or sex, without 
 justification or excuse. 
 
 Feloniously. In a felonious manner, — an indispensable word in modern 
 indictments for felony, as felonice was in the Latin forms. 
 
 Felony. In American law. Any high crime punishable by death or 
 imprisonment. 
 In English law. An offense which occasions a total forfeiture of 
 either lands or goods, at common law, and to which capital or other 
 punishment may be superadded. 
 In feudal law. An act or offense on the part of the vassal, which cost 
 him his fee, or, in consequence of which his fee fell into the hands 
 of his lord, that is, became forfeited ; perfidy, ingratitude or disloy- 
 alty to a lord. 
 
 Feme, fern, femme, fam, L fr. A woman ; a wife. Feme covert, femme 
 couverte: a woman protected, — that is, married. Feme sole: a 
 spinster ; — trader: a woman deserted by her husband who does 
 business as a, feme sole. - 
 In English law. Feme sole trader: a married woman, who, by the 
 custom of London, trades on her own account, independently of her 
 husband. 
 
 Fence, or tense. In old Scots law. To defend or protect by formal- 
 ities,— as to open a court in due form, interdicting all manner of 
 persons from disturbing the proceedings. 
 
314 FEOD — FEEME. 
 
 Feod, Feodum, I. I. In old English law. A fee. v. Fee; Feudunu 
 Feodi flrina: fee farm ; the farm of a fea Feodl flrmarius: the 
 lessee or farmer of a fee ; a holder in fee farm. Feodum est id quod 
 quis tenet ex quacunque causa, sibi et hieredibus suis: fee is that 
 which one holds by any title, to him and his heirs. Feodum idem 
 est quod h%reditas: fee is the same as inheritance. Feodum im- 
 proprium: an improper or derivative fee. Feodum laicum: a lay 
 fee. Feodum militis, or militare: a knight's fee. Feodum pro- 
 prium: a proper, pure and original fee or feud, regulated strictly by 
 the old fundamental rules of feudal tenure and succession. Feo- 
 dum simplex: fee-simple ; a simple or pure fee. Feodum talliatnm: 
 fee tail ; a fee entailed ; a cut fee. 
 
 Feodal. Relating to, belonging to, or having the quality of feod, feud, 
 or fee ; feudal Feodal actions: real actions. 
 
 Feodality, feudality. Fidelity or fealty. 
 
 Feodary, feudary. In old English law. An oflacer of the court of 
 wards, appointed by virtue of the statute 33 Henry VIII., c 46. 
 
 Feodatory, feudatory. In feudal law. The grantee of a/eod, /eud or 
 fee ; a tenant who held his estate by feudal service. 
 
 Feoffare, feofare, 1 1. In old English law. To enfeoff; to give or be- 
 stow a fee. Feoffavi: I have enfeoffed. 
 
 Feoffamentum, feofamentum, I. I. In old English law. A feoffment 
 
 Feoifatus, feofatus, I. I. In old English law. A feoffea 
 
 Feoifator, I. L In old English law. A feoffer. 
 
 Feoffee. The person to whom a feoffment is made; the person en- 
 feoffed. Feoffee to uses: one in whom the legal estate is vested, 
 the beneficial owner being the cestui que use. 
 
 Feoflinent, feffement. A conveyance in fee, of land or other corporeal 
 hereditaments, accompanied by livery of seisin or actual delivery 
 of possession ; the deed, instrument, or charter, as it was formerly 
 most commonly termed, by which such a conveyance was ex- 
 
 Feoffor. The person making a feoffment. 
 
 Feoh, sax. A stipend ; wages ; reward ; a fee. 
 
 Feorme, fearme, sax. Provisions ; rent paid in provisions ; a manor ; 
 a farm ; a lease. 
 
 Fera, I. In the civil law. Wild. Fera natnra: a wild nature. Fer» 
 naturae: of a wild nature, — a term applied to animals not com- 
 monly tamed. 
 
 Feria, I. In old English law. A week day, as distinguished from Sun- 
 day ; a holiday ; a day exempt from judicial process ; a fair ; a ferry. 
 Ferial days: working days, or week days, as distinguished from 
 Sunday; holidays. 
 
 Ferm, fearme. In old English law. A rent ; a lease or term for years ; 
 a house or land taken by lease. 
 
 Ferme, I. fr. A rent ; a farm ; a lease on rent 
 
FERMER — FEUDUM. 315 
 
 Permer, Z. /n, Fermor. A lessee; a termor; one who held lands to farm. 
 V. Farmer. 
 
 Ferry. A franchise, consisting of a privilege, arising from grant or pre- 
 scription, to have a boat or boats for carrying men and horses across 
 a river for reasonable fare or toll. 
 
 Fesaunt, I. fr. Doing, — an emphatic word in old deeds. 
 
 Fesour, I. fr. A doer ; an actor ; the perpetrator of a crime. Fesours 
 de teles noysaiince: the makers of such nuisance. 
 
 Festinatio jiistitias est noverca infortunii, I. The hm-rying [hasty ad- 
 ministration] of justice is the stepmother of misfortune. 
 
 Festing' penny. In English law. Earnestgiven to servants when hired, 
 or retained in service, the amount actually paid being a shilling. In 
 some places called fastening penny. 
 
 Festingman. In old English law. A surety or pledge ; frankpledge 
 
 Festinuin remedium, I. A speedy remedy. 
 
 Fet, I fr. Done ; made ; a fact, deed, matter or business. Fet assaroir, 
 fet assaver: a matter to be known or understood; the title of a 
 small tract published at the end of Fleta. 
 
 Feu, fleu, flew, fewe, I fr. Fire ; a fire-place or hearth. 
 In old French and Canadian law. Feu et lieu: hearth and home. 
 
 Feu, few, ffew. In Scots law. A free and gratuitous right to lands, 
 made to one for service to be performed by him, according to the 
 proper nature thereof, — for a return in grain or money. Fen- 
 annnals: the rent due under the tenure of feu-holding. Feu-hold- 
 ing: a holding or tenure, where the tenant makes a return in grain 
 or in money. 
 
 Feuar. In Scots law. The tenant of a feu ; a feu-vassal. 
 
 Feud. A stipendiary estate in land, held of a superior, upon condi- 
 tion of service ; a hereditary right to use lands rendering services to 
 the lord; a combination of kindred to revenge injuries done or of- 
 fered to any of their blood. 
 
 Feudal. Relating to or having the quality of a feudum, fief or fee, — 
 the opposite of allodial. Feudal law: the law of feuds or feudal 
 estates ; the system of law by which the creation, enjoyment and 
 transmission of feudal estates were regulated, and the rights and 
 duties growing out of the relation of lord and vassal defined and 
 enforced. Feudal system: the system of feuds or fiefs ; a system 
 of tenure, the origin of which is traced to the peculiar policy and 
 usages of the northern nations who overturned the Roman empire 
 and settled in its provinces. 
 
 Feudorum libri or consnetudlnes. The Books (or customs) of Fiefs or 
 Feuds ; a compilation of feudal law, made about the middle of the 
 twelfth century at Milan, in Lombardy. It is the most ancient work 
 on the subject, and of high authority. 
 
 Feudum, I. I A fief, fee or feud. Feudum antiquum: an ancient fee; 
 a fief descended to the vassal from his ancestors. Feudum aper- 
 
31lJ FEUDUM — FICTION. 
 
 turn: an open fee ; a flef resulting back to the lord, -nhere the blood 
 of the person last seised was utterly extinct and gone. Feudniu 
 francuin: a free or frank fee. Feudnm impropriuin: an improper 
 or derivative fee. Feudnm IndiTidanm: an indivisible or imparti- 
 ble fee, descendible to the eldest son alone. Feudnm laicnm: a lay 
 fee. Fendnm ligium: a liege fee; a fief held immediately of the 
 sovereign, one for which the vassal owed fealty to his lord against 
 all persons. Fendnm maternum: a maternal fee ; a flef descended 
 to the feudatory from his mother. Feodum militare: a military 
 fee. Fendnm militis: a knight's fea Feudnm norum: a new fee ; 
 a fief which began in the person of the feudatory, and did not come 
 to him by succession. Fendnm noTum: a fee acquired by the man 
 himself; — nt antiquum: a new fee held as an ancient one, or with 
 all the qualities annexed to a fief descended from ancestors. Fen- 
 dnm paternum: a paternal fee; a fief descendible only to the 
 heirs by the father's side. Fendnm proprium: a proper genuine 
 and original fee ; a fief being of a purely military character and 
 held by nlilitary service. Feudnm simplex: fee-simple. Feudnm 
 sine investitnra nuUo modo constitni potest: a fee can by no 
 method be created without livery of seisin. Fendnm talliatnm: 
 a mutilated or truncated fee, or inheritance, from which the heirs 
 general were cut ofif, 
 
 Flar. In Scots law. He that haathe fee or feu. 
 
 Fiat, I. Let it be done. Fiat appellnm per verba appellnm facientia: 
 the appeal must be made by words of appeal. Fiat seysina per 
 fnstimetperbaculnm: seisin should be made by rod and staff. Fiat 
 prout fieri consuevit (nil temere novandum): let it be done as it 
 hath used to be done (nothing must be rashly innovated). 
 In English law. A short order or warrant of a judge, commanding 
 or authorizing something to be done. Fiat In bankruptcy: a power 
 signed by the Lord Chancellor addressed to the court of bankruptcy 
 authorizing the petitioning creditor to prosecute his complaint. Fiat 
 jnstitia: let justice be done, — words formerly written by the king 
 at the top of a petition for a warrant to bring a writ of error in par- 
 liament, signifying his assent Fiat nt petitur: let it be, as is de- 
 manded. 
 
 Ficllo, I. A fiction. Fictio cedit Teritati: a fiction yields to truth. 
 Fictio juris: a fiction of law. Fictio legis inlqne operatur ali- 
 cui damnum yel injuriam: a legal fiction should not work to any 
 person wrong or injury. 
 
 Fiction of law. A legal assumption that a thing is true, which is either 
 not true, or which is as probably false as true. Of such assumptions 
 there are three kinds, — affirmative fictions, negative fictions and 
 fictions by relation. Affirmative fictions assume something to exist 
 which does not exist ; negative, that something which in fact exists, 
 does not exist; while fictions by relation assume that the act of one 
 
FICTION — FIFTEENTHS. 317 
 
 person is the act of another, that an act done by or to one thing is done 
 by or to another, that a thing done at one place was done at another, 
 or that a thing done at one time was done at another. That which 
 is so assumed the law will not allow to be disproved. 
 
 Fidei-commissarius, I. In the civil law. A person who had a benefi- 
 cial interest in an estate which, for a time, was committed to the 
 faith or trust of another. 
 
 Fidei-coramissQm, I. In the civil law. A thing committed to one's 
 faith ; a trust, or bequest in trust ; the disposal by will of an inherit- 
 ance to a person, in confidence that he will convey it, or dispose of 
 the profits, at the will of another. 
 
 Fide-jnbere, I In the civil law. To order a thing upon one's faith ; 
 to pledge one's self; to become surety for another. Fide-jubesJ 
 Fide-jnlbeo: do you pledge yourself? I do pledge myself, 
 
 Fide-jussio, I. In the civil law. A contract in which a person binds 
 himself, as a surety for another, without discharging the obligation 
 of the principal. 
 
 Fide-jussor, I. In the civil law. A surety; a guarantor; one who 
 binds himself for another ; one who binds himself in the same con- 
 tract conjointly with the debtor, for the greater, security of the 
 creditor. 
 
 Fidelitas, I. I. In feudal and old English law. Fealty ; fidelity. 
 
 Fides, I. Faith; fidelity; allegiance; trust; confidence; honesty, sin- 
 cerity, or uprightness of dealing ; belief ; veracity ; credibility ; faith ; 
 honor ; pledged or plighted word or troth. Fides data: faith given ; 
 troth plighted. Fides servanda est; simplicitas juris gentinm 
 praevaleat: faith must be kept ; the simplicity of the law of nations 
 must prevail. 
 
 Fiduciary. Relating to a trust; founded upon confidence; founded 
 upon a special or technical trust, as distinguished from an iinplied 
 trust: 
 
 Fief,/r. In feudal law. A f ea -v. Fee; Feudum. Fief d'liaubert: a 
 fee held by the tenure of knight-service ; a knight's fee. 
 
 Fief-tenant, I. fr. In old English law. The holder of a fee ; a fee-holder 
 or fi-eeholder. 
 
 Fieri, I To be made ; to be done. Fieri facias: cause you to be made ; 
 a writ of execution directing the sheriff to make the amount of a 
 judgment against lands and goods, but usually enforced against 
 goods only. Fieri feci: I have caused to be made ; the return upon 
 such a writ that the judgment has been satisfied. Fieri non debet 
 (debnit) sed factum valet: it ought not to be done, but [if] done, it 
 is valid. 
 
 Fieu, flew, I fr. A fee, or fief. Fieu de chevalier: a knight's fee. 
 Flew tenants: fee tenants, or free tenants, v. Fief-tenants. 
 
 Fifteenths. In English laiv. A species of tax upon personal property, 
 formerly imposed upon cities, townships and boroughs, of one fif- 
 teenth of the value of their personal property. 
 
318 FIGHTWITE — FINDING. 
 
 Fightwite, sax. In old English law. A mulct or fine imposed on a 
 person for making a fight or quarrel to the disturbance of the peace. 
 
 Filacer, filazer, fllizer. In English law. An old officer of the Court 
 of Common Pleas and other courts, so called because he filed the 
 writs whereon he made out process. 
 
 File. To put upon the files, or deposit among the records of a court ; to 
 place in the official custody of the clerk. 
 
 File. A string or wire, upon which writs and other exhibits in courts 
 and offices were formerly fastened or filed for safe-keeping ; the 
 paper itself or a number of papers so filed. 
 
 File, I. Jr. A thread, line or mark. v. Filum aquoe. 
 
 Filiate. To fix a bastard child on some one, as its father. 
 
 Filiation. The relation of a son to his father ; the adjudging of a bas- 
 tard to be the child of a certain man. 
 
 Filins, I. In old English law. A son; a child. Filius est nomen 
 iiatarse, sed liseres nomen juris: son is a name of nature, but heir 
 is a name of law. Filius mnlieratus: v. Mulier. Filius nuUius: 
 the child of nobody ; a bastard. Filins popnli: a son of the people. 
 In the civil law. Filins familias: the son of a family, — an unemanci- 
 pated son. Filium eum dellnimus, qui ex Tiro et uxore ejus nas- 
 citnr: we define him to be a son, who is born of a man and his wife. 
 
 Filum, I. A thread. Filum aqnse: strictly a thread or line of water, a 
 water line or mark, the outer line or edge of a stream ; the water's 
 edge ; in modern usage, the same as medium filum aquce or middle 
 or central thread. Filum Ti»: the thread or middle line of a way. 
 In old law. A thread or wire used for passing through and connect- 
 ing papers together ; a file ; a thread or line passing through a stream 
 or road ; a line or mark, as the edge or border of a thing. Filum 
 forestse: the edge of the forest. 
 
 Fin, fr. An end, or limit ; a limitation, or period of limitation. Fin de 
 non-reeevoir: a legal bar to the maintenance of a claim. 
 
 Final. Ending ; making an end ; conclusive. Final decree: a decree 
 which finally decides and disposes of the whole merits of a cause. 
 Final judgment: a judgment which puts an end to an action by 
 declaring that the plaintiff either has or has not entitled himself to 
 recover a judgment from which there is no appeal. Final process: 
 a writ of execution. 
 
 Fin alls, Z. In old English law. Ending; making an end or termina- 
 tion ; final. Finalis concordia: a final concord or agreement ; a 
 fine of lands. 
 
 Find. To ascertain upon judicial examination and inquiry ; to ascer- 
 tain and declare the existence of facts judicially : to determine an 
 issue of fact in favor of one or the other party, and to declare such 
 determination to a court 
 
 Finding. The result of a judicial examination or inquiry, especially 
 into some matter of fact ; the statement to a court of such result ; 
 one of the modes of acquiring a title to goods by occupancy. 
 
FINE — FIRDSOCNE. 319 
 
 Fine. To impose a pecuniary punishment ; to adjudge or order that an 
 offender pay a certain sum of money as a punishment for his of- 
 fense. 
 
 Fine. A sum of money paid by an offender by way of punishment 
 In old English law. Further, a sum of money paid for a privilege ; 
 a species of conveyance and assurance by matter of record, formerly 
 in extensive use, in form a fictitious suit compromised by the de- 
 fendant and terminated by an acknowledgment of the plaintiff's 
 right. Fine and recovery act: the statutes 3 and 4 Will. IV., c. 74, 
 abolishing fines and recoveries. 
 In feudal law. Fine for alienation: a sum of money paid to the 
 lord by the tenant whenever he aliened; a sum paid for license to 
 alien. 
 
 Fine force, I. fr. In old English law. An absolute necessity or con- 
 straint, not avoidable. 
 
 Fine snr concessit, l.fr. In old English law. A fine upon grant, by 
 acknowledgment of a grant de novo, but of no precedent right. 
 Fine sur cognizance de droit: a fine upon acknowledgment of the 
 right ; — come ceo que 11 ad de son done: a fine upon acknowledg- 
 ment of the right which the cognizee hath by gift ; a feoffment of 
 record ; — tantnui: a fine upon acknowledgment of the right merely. 
 Fine snr don, grant et render: a fine upon gift, grant and render, — 
 a double kind of fine, comprehending the fine sur cognizance de 
 droit come ceo, etc., and the fine sur concessit. 
 
 Finem facere, I. I In old English and Scots law. To make an end, or 
 settlement; to make or pay a fine. Finem facere cum rege: "to 
 fine with the king, or to make ane finance and satisfie him for ony 
 trespasse committed against him or his lawes." Finem fecit nobis- 
 cnm: he made a fine with us. 
 In feudal law. To make a composition or compromise. Finem et 
 refatatlonem fecit: made a fine and release. 
 
 Fines le roy, I fr. In old English law. The king's fines, — fines for- 
 merly payable to the king for any contempt or offense. 
 
 Finire, 1. 1. In old English law. To fine, or pay a fine, upon composi- 
 tion. 
 
 Finis, I In old English law. An end or termination ; a limit, termi- 
 nus or boundary ; a fine, or payment of money ; a fine or convey- 
 ance of land. Finis rei attendendns est: the end of a thing is to 
 be attended to. Finis nnins dlei est princlplnm alterins: the end 
 of one day is the beginning of the next 
 
 Fininm regnndornm actio, I. In the civil law. Action for regulating 
 boundaries. 
 
 Firdfare, ferdfare, herdfare, sax. In old English law. A summon- 
 ing forth to a military expedition ; an acquittance from going to 
 war. 
 
 Firdsocne, sax. In old English law. Exemption from military service. 
 
320 FIRDWITE — FIST. 
 
 Firdwite, ferdwite, ferdwyte, sax. In old English law. A fine for 
 refusing military service ; a fine for murder committed in the army ; 
 an acquittance of such fina 
 Fire ordeal. The ordeal or trial by red-hot iron, either by taking a 
 piece in the hand or by stepping barefoot and blindfolded over nine 
 red-hot plough-shares laid lengthwise at unequal distances. 
 Firebote, lireboot, sax. In old English law. An allowance of suffi- 
 cient wood for fuel, for the use of a tenant for life or years. 
 Firma, 1. 1. In old English and Scots law. A firm, f erm, or farm ; a 
 lease or letting ; a rent reserved on letting lands ; a rent payable in 
 money ; a messuage with wood land, etc., connected therewith ; a 
 feast or entertainment. Firma alba: white rent Firma dial: a 
 day's provisions or entertainment. Firma teodi: a farm or lease 
 of a fee ; a fee farm. Firma noctis: a night's ferm ; provisions or 
 entertainment for a night, or the value thereof. 
 Firmarius, 1. 1. In old English and Scots law. A lessee for a term ; one 
 having a term, ferm or farm in lands. Firmarius nihil liabet nisi 
 tantum nsumfractum: the f ermor or lessee has nothing but only the 
 usufruct 
 Firmaratlo, 1. 1. In old English law. Firming, farming, or holding to 
 firm, farm. The firmary's or farmer's right to the lands and tene- 
 ments let to him ad firmam. 
 Firmior et potentior est operatio legis quam dispositio Iiominis, I. 
 The operation of the law is firmer and more powerful [or efficacious] 
 than the disposition of man. 
 First impression. First occurrence ; first presentation to a court for 
 determination. First purchaser: the first acquirer of an estate, 
 whether by contract of sale, by gift, or otherwise. 
 In English ecclesiastical law. First fruits: the first year's whole 
 profits of a benefice, anciently paid to the pope, and forming, to- 
 gether with tenths, a revenue, which at the reformation was an- 
 nexed to the crown. 
 Fisc. The treasury or property of a prince or state. Hence confiscate, 
 
 and the old word confi^h. 
 
 Fiscal. Relating to or connected with the treasury of a prince or state. 
 
 Fiscus, I. In English laie. The king's treasury, as the repository of 
 
 forfeited property ; the treasury of a noble, or of any private person. 
 
 In the Roman law. The treasury of the emperor, as distinguished 
 
 from cerarium, which was the treasury of the state ; the treasury or 
 
 property of the state, as distinguished from the private property of 
 
 the sovereign. 
 
 Fishery. A right or liberty of taking fish ; a species of incorporeal 
 
 hereditament anciently termed piscorj/. 
 Fish royal, v. Royal fish. 
 
 Fist, I. fr. Makes ; made ; did ; done. Fist son volant: made his will. 
 Fizmez: we made. 
 
FISTUCA — FLOD. 321 
 
 Fistuca, festuca, L I In old English law. A staff or wand, by the de- 
 livery of which the property in land or other thing was transferred. 
 
 Fitzherbei't. A law writer, temp. Henry VIII., author of an abridg- 
 ment of the year booki=, and of the new Natura Brevium, a treatise 
 on writs. 
 
 Fixture. A chattel so fixed or fastened to land or building as to be- 
 come real property, — so fixed or fastened that it cannot be removed 
 without material injury to itself or to the freehold. 
 
 Flagraiis, L Burning; raging; in actual perpetration. Flagrans 
 bellnm: a war actually going on. Flagrans crimen: a crime in 
 the act of perpetration, or just perpetrated, 
 
 Flagrante, L In the heat, excitement or actual commission of an act. 
 Flagrante bello: during actual war. Flagrante delicto, male- 
 fleio, crimiue: in the heat of the offense, in the very act 
 
 Flavlanum jns, I. In the Roman law. The title of a book containing 
 the forms of actions, published by Cneius Flavius, A. U. C. 449. 
 
 Fledwite, sax. In Saocon and old English law. A fine paid by an out- 
 law for pardon; the privilege of an outlawed fugitive of being dis- 
 charged from amercements when he came to the king's peace of his 
 own will. 
 
 Fleet. A prison in London, so called from Fleet river or ditch, near 
 which it stood,^ formerly the prison of the Court of Chancery and 
 the Common Pleas, now consolidated with the Queen's Bench prison 
 and the Marshalsea into the Queen's Prison, which is the prison of 
 all the courts, v. Fleta. 
 
 Flem, flema, flyma, fleman. In Saxon and old English law. A fugi- 
 tive bondman or villein ; the privilege of having the goods and fines 
 of fugitives. 
 
 Flemenesflrinthe, sax. In old English law. The receiving or reliev- 
 ing of a fugitive. 
 
 Flemeneswite, sax. In Saxon and old English law. A fine imposed 
 upon a fugitive. 
 
 Flemenflrma, flymenflrma, sax. In Saxon and old English law. The 
 sustenance or support of fugitives, or outlaws; the fine for such 
 oflensa 
 
 Fleta. A general treatise on English law, supposed to have been writ-- 
 ten in the reign of Edward L ; so called, as the author says, because 
 written during his confinement in the Fleet prison. 
 In old English law. An estuary ; a stream, canal or ditch, where the 
 tide ebbs and flows; hence the name of Fleet ditch in London and' 
 of the Fleet prison which stood near it 
 Flitwite, fletwite, sax. In Saxon and old English lata. A fine or 
 
 mulct imposed on account of brawls and quarrels. 
 Float, In American law. A certificate authorizing the entry of pub- 
 lic land. 
 Flod, fflud. In old English law. Flood or high tide. 
 31 
 
322 FLODEMARK — FOLD. 
 
 Flodemark, floudmarkc, flndmerk, o. eng. In old English law. The 
 mark which the sea, at flowing water and highest tide, makes on 
 the shore ; liigh-water mark ; flood-mark. 
 
 Florentine Pandects. A copy of the Pandects discovered accidentally 
 about the year 1137, at Amalphi, a town in Italy near Salerno. 
 
 Flot, I. fr. A flow or flood ; flood-tide. 
 
 Flota, I. I. In old English law. A fleet. Flota na\iuia: a fleet of 
 shipa 
 
 Flotagfes. Such things as, by accident, float on the top of the sea or 
 great rivers. 
 
 Flotsam, floatsani, flotson. Floating on the water; goods lost by ship- 
 wreck. 
 
 Fluctas, I. I. In old English law. Flood ; flow ; flood-tide. 
 
 Flud. In old English law. Flood, or flood-tida 
 
 Flumen, I. In old English law. Flood, or flood-tida 
 In the civil law. A river. 
 
 FluTius, Z. In old English law. A river. Fluyii regales: royal streams, — 
 public rivers for public passage ; flood, or flood-tide. 
 
 Flyma, sax. A fugitive or outlaw. 
 
 Focale, /. I. In old English law. Firewood, or fuel. 
 
 Foderum, foderus, fodrum, fodrus, 1. 1. In old English law. Food for 
 cattle; fodder. 
 In feudal law. A contribution of corn or grain for the use of the 
 king's army. 
 
 Fcedns, I. In international law. A treaty. Feedera: treaties. 
 
 Foenns nanticuin, I. In the civil law. Nautical or maritime interest, — 
 mterest after an extraordinary rate, agreed to be paid for the loan 
 of money on the hazard of a voyage. 
 
 Fogagium, 1. 1. In old English lata. A kind of rank grass of late growth, 
 and not eaten in summer ; fogage. 
 
 Foirfanlt, sc In old Scots law. To forfeit 
 
 Foier, I. fr. To do. Foit, foite: done ; a deed. v. Fait. 
 
 Foirthocht, sc. In old Scots law. Forethought ; premeditated. 
 
 Foits, foitz, flez, I. fr. Times. 
 
 Fol, tole, I. fr. A fool ; an idiot Fol nastre: a born or natural fool. 
 
 Folcland, folkland, sax. in Saxo% law. Land of the people or public ; 
 so called either because usually distributed among the common 
 people, or because it was the property of the whole community, or 
 because it was held by common right Folcmote, folkmote, folcge- 
 mote: a meeting of the people; a general assembly of the people, to 
 consider and order matters of the commonwealth ; an assembly of 
 the people or freeholders of a county or county court ; an assembly 
 of the inhabitants of a city or borough, or city court Folcright, 
 folkright: common right; that which is equally the right of all. 
 
 Fold course. In English law. Land used as a sheep walk ; land to 
 which is appurtenant the sole right of folding the cattle of others; 
 the right of folding cattle ; common of f oldage, or faldage. 
 
FOLGAEE — FORCLORRER 323 
 
 Folgare, fulgnre, 1. 1 In Saxon law. To establish one's self in a fri- 
 borg or frankpledge ; to become the dependent or follower of an- 
 other. 
 
 Folgarii, folgeres, tt In Saxon law. Followers ; dependents or serv- 
 ants. 
 
 Folgheres, sax. In old English law. Followers or servants. 
 
 Folio. A leaf of a book or manuscript; a leaf or sheet-of parchment or 
 paper, containing a certain number of words ; a certain number of 
 words, without reference to the paper or parchment on which they 
 are written, in America usually one hundred. 
 
 Foot of a fine. In old English law. The conclusion of a fine, reciting 
 the parties, day, year and place, and before whom it was acknowl- 
 edged or levied. 
 
 For, fore, fors, I. Jr. Out ; without 
 
 For that whereas. Formal words in a declaration introducing the 
 statement of the plaintiff's case, by way of recital, in all actions ex- 
 cept trespass. For whom it may concern: a general clause in a 
 policy of insurance, intended to embrace all persons who have an 
 insurable interest. 
 
 Forbannitns, forisbannitns, n. In old European law Banished; out- 
 lawed. 
 
 Porbannnm, I. L In old European law. Proscription; banishment. 
 
 Forbarrer, I. fr. In old English law. To bar out ; to prevent or pre- 
 clude ; to estop. Forbarres: barred, prevented or estopped. 
 
 Forbearance. A holding from proceeding; an abstaining from the en- 
 forcement of a right; indulgence by a creditor to a debtor. 
 
 Force. Efficacy ; power in law to bind ; strength ; compulsory power ; 
 mere strength or power exercised without law, or contrary to law ; 
 violence. Force and arms: a phrase in the old law of trespass and 
 disseisin, importing that the act was committed by multitude of 
 people, with arms or weapons of offense ; also anciently a necessary 
 phrase in pleading, and still used in declarations for trespass 
 in criminal indictments. 
 In Scots law. Coercion ; duress. 
 
 Force, fr. In old English law. A technical term applied to a species 
 of accessory before the fact. 
 
 Force majeure, /. fr. In the law of insurance. Superior or irresis 
 force. 
 
 Forced sale. A sale made under the process of the court, and in the 
 mode prescribed by law. 
 
 Forcia, I. I. In old English law. Force. 
 
 Forcible entry. Violently taking possession of lands or tenements ; the 
 action therefor. Forcible detainer: violently keeping possession 
 of lands and tenements ; the action therefor. 
 
 Forclorrer, foreclore, I. fr. To shut out, or exclude ; to foreclose. For- 
 clos, foreclose: shut out, barred or foreclosed. 
 
824 FORECLOSE — FOREIGN. 
 
 Foreclose. To shut out or exclude ; to bar ; to bar an equity of redemp- 
 tion. 
 
 Foreclosure. The process of barring the equity of redemption of a 
 mortgagor. 
 
 Forehand rent. In English law. A kind of premium paid by a ten- 
 / ant on tailing a lease. Sometimes called foregift, but more usually 
 a fine, 
 
 Poreig'n, Forein, forrein, I, fr. Without or beyond the limits of a par- 
 ticular territory, district or jurisdiction ; belonging without, or to 
 another jurisdiction ; originating or coming from without or abroad ; 
 made, done or transacted without, or in another territory or jurisdic- 
 tion ; operating without, or in another territory or jurisdiction ; ex- 
 trinsic or irrelevant ; extraordinary or extra. Foreign administra- 
 tor: an administrator appointed, in and under the law of a foreign 
 country or another state. Foreign assignment: an assignment made 
 in a foreign country or in another stata Foreign attachment; an 
 attachment, in American law, against the property of absent, non- 
 resident and absconding debtors, a species of which in some states 
 is called trustee process, and in othei-s garnishee process ; in the 
 English law, an attachment of a foreign or absent debtor. Foreign 
 bill: a bill of exchange drawn in one state or country, upon a for- 
 eign state or country. Foreign corporation: a corporation created 
 by or under the laws of apother state, government or country. For- 
 eign county: another county in the same kingdom or state, — whether 
 remote or adjacent. Foreign divorce: a divorce obtained out of the 
 state or country where the marriage was solemnized. Foreign 
 domicil: domicil in a foreign country or in another state. Foreign 
 judgment: a judgment obtained in a foreign court, or in the court 
 of a foreign country. Foreign jury: a jury from another, or for- 
 eign county. Foreign law: the law of a foreign country or stata 
 Foreign matter: matter triable or done in another county. Foreign 
 port: a port exclusively within the sovereignty of a foreign nation. 
 Foreign state: a state occupying a foreign territory, or not com- 
 posed within the limits of another state or nation. Foreign voyage: 
 a, voyage to some port or place within the territory of a foreign 
 nation. 
 In old English law. Foreign answer: an answer not triable in the 
 county where it was made. Foreign apposer: an officer in the ex- 
 chequer whose business was to examine sheriffs' estreats with the 
 record. Foreign enlistiiient act: the statute 59 Geo. III., c. 69, 
 prohibiting enlistment, as a soldier or sailor, in any foreign service. 
 Foreign plea: a plea objecting to a judge as incompetent, because 
 the matter in hand was not within his precinct. Foreign serTice; 
 the service by which a mesne lord held over of another, without the 
 compass of his own fee; the service which a tenant performed 
 either to his own lord, or to the lord paramount, out of his fee. 
 
FOREIGNER — FORFAIRE. 325 
 
 Foreigner. In American law. An alien ; a person born in and owing 
 allegiance to a foreign state or country. 
 In old English law. A person not an inhabitant of a city. 
 
 Forein, forrein, forreine, foreyn, Ifr. Foreign; belonging without; 
 a foreigner or stranger; a person not an inhabitant of a city. 
 
 Forejudge, forjudge. In old English law. To expel from court, for 
 some offense or misconduct ; to deprive or put out of a thing by the 
 judgment of a court ; to banish or expel. 
 
 Forejudger, forjndger. In English law. A judgment by which a man 
 is deprived or put out of a thing ; a judgment of expulsion or ban- 
 ishment 
 
 Foreman. The presiding member of a jury, who speaks or answers for 
 the jury. 
 
 Forensis, I. In old Scots law. A strange man or stranger ; an out- 
 dwelliug man ; an " unfree-man," who dwells not within burgh. 
 In the civil law. Belonging to, or connected with a court ; forensic. 
 Forensis homo: an advocate ; a pleader of causes. 
 
 Forera, I. I In old English law. Land lying before, or in front of 
 other-land ; a foreland ; a headland. 
 
 Forest. In English law. A large extent of counti-y, generally waste 
 and woody, belonging to the sovereign, set apart for the keeping of 
 game for his use and diversion, and having certain laws, courts and 
 ofScers of its own ; the right or franchise enjoyed by a subject, of 
 having a forest Forest courts: courts instituted for the govern- 
 ment of the king's forests in different parts of the kingdom, and for 
 the punishment of all injuries done to the king's deer or venison, to 
 the vert or greensward, and to the covert in which such deer are 
 lodged. Forest law: a system of law anciently established in Eng- 
 land, for the government of the royal forests, and administered by 
 courts and officers of its own. 
 
 Foresta, forestis, forestum, forasta, I I In old English law. A forest 
 
 Forestagium, I. I. In old English law. A duty or tribute payable to 
 the king's foresters. 
 
 Forestall, forstall, forestal, forstal, sax. In English law. To obstruct 
 or stop up a way, to stop the passage of a person or thing on the 
 highway. Forestall the market: to buy up provisions on the way 
 to market with intent to sell at a higher price. 
 
 Forestaller, forstaller. In English law. One who forestalls ; the ob- 
 struction of a way or road, or the hindering of a person or thing 
 from passing. 
 
 Forestarius, I I. In old English law. A forester. 
 
 Forester. In English law. A sworn oflBcer of the forest, appointed by 
 the king's letters patent, to take care of a forest 
 
 Forethought felony. In Scots law. Murder committed in consequence 
 of a previous design. 
 
 Forfaire, I. fr. In old English law. To forfeit Forface: shall forfeit 
 Forfait, forfaict, forflst: forfeited. 
 
326 FOEFANG — FORISFACTUEA. 
 
 Forfang', forfeng', forefengr, socc. In Saxon law. A previous taking; 
 a taking of provisions from any person in fairs or markets, before 
 the king's purveyors were served with necessaries for the sovereign. 
 
 Forfeit. To lose what belongs to one by some fault, misconduct or 
 crime ; to make it foreign to one's self, or put one's self out of it ; to 
 lose it to another ; to transfer involuntarily, as the consequence of 
 one's own wrongful act, and by operation of law. 
 
 Forfeit. Lost by one's fault or misconduct ; forfeited. 
 
 Forfeiture. The loss of what belongs to one, by some fault, misconduct 
 or transgression of law ; an involuntary or compulsory transfer or 
 surrender, consequent upon one's own unlawful or wrongful act ; 
 the thing so lost or surrendered. 
 
 Forfeng, sax. In old English laio. An acquittance for a previous 
 taking. 
 
 Forgabulam, 1. 1., Forgavel. In old English law. A small rent reserved 
 in money ; a quit rent 
 
 Forge. To make or fabricate a thing in imitation of another, with a 
 view to deceive and defraud ; to make falsely ; to counterfeit. 
 
 Forger, I. fr. To frame or fashion ; to contrive ; to fabricate ; to forge. 
 
 Forgery. The fraudulent making or alteration of a writing, for the 
 purpose of fraud and deceit, to the prejudice of another's right ; the 
 thing itself, so falsely made, imitated or forged ; especially a forged 
 writing. In the law of evidence, false making, fabrication ; the pro- 
 duction of false appearances by means of physical objects ; the em- 
 ployment or arrangement of physical objects and appearances for 
 the purpose of deceiving or misleading the senses or conclusions of 
 observers. 
 
 Fori disputationes, I. In the civil law. Discussions or arguments 
 before a court 
 
 Foriiisecus, forinsecum, I., Forinsic. In old English law. Outward ; 
 external; extrinsic; foreign; extraordinary. Forinseci tenentes: 
 foreign tenants, as distinguished from a lord's own tenants. Forin- 
 secnm servitium: forinsic, foreign or extraordinary service. 
 
 Forisbannitus. v. Forban'nitus. 
 
 Forisfacere, forfacere, I. I. In old English law. To forfeit ; to lose 
 what belonged to one by some fault or crime ; to make it foreign to 
 one's self ; to incur a penalty ; to commit or transgress. Forisfacit 
 amicos: he forfeits friends. Forisfacit omnia quae juris sunt: he 
 forfeits all his lawful rights. Forisfacit patriam et regnum, et 
 exul elHcitur: he forfeits country and kingdom, and is made an 
 exile. Forisfacit ntlagatus omnia quae pacis sunt: the outlaw for- 
 feits all the px-ivileges of a state of peace. 
 
 Forisfactnm, forfactum, 1. 1. In old English law. Forfeit ; forfeited ; 
 a crime. 
 
 Forisfactnra, forfactura, I. In old English law. Forfeiture ; the los- 
 ing of one's property or life, as the consequence of some fault, miscon- 
 duct or crime; a crime, offense, transgression or injury by which 
 
FORISFACTURA — FORMEDON. 327 
 
 one loses property or life; a mulct, fine or pecuniary punishment; 
 the thing forfeited. Forlsfactnra plena: a full forfeiture. 
 
 Forisfamiliare, I. I. In old English and Scots law. Literally, to put out 
 of a family ; to portion oil a son, so that he could have no further 
 claim upon his father ; to emancipate, or free f x-om paternal author- 
 ity. 
 
 Forisfamiliated. In old English law. Portioned off,— applied to chil- 
 dren. 
 
 Forisfamiliatus, I. I In old English law. Put out of a family ; por- 
 tioned off ; emancipated ; forisfamiliated. 
 
 Forisjudicare, I. v. Abjudicare. 
 
 Forisjudicatio, /. v. Abjudicatio. 
 
 Forisjudicatus, I. I. In old English law. Deprived or put out of a thing 
 bi' the judgment of a court ; forjudged. 
 
 Forisjiirare, Z. Z. In old English law. To forswear ; to renounce or re- 
 linquish by or under oath. 
 
 Forjngfer, I fr. In old English law. To forjudge, or expel ; to deprive 
 of ; to condemn ; to lose. Forjuges de fraunche ley: forjudged of 
 their frank-law. 
 
 Forjurer, Z. /r. In old English law. To forswear; to abjure. Forjurer 
 royalme: to abjure the realm. 
 
 Forlandnm, forlanda, Z. 1. In old English law. Land extending beyond, 
 or lying before other land ; a foreland ; land bordering or lying 
 outward. 
 
 Forma, I. Form ; the prescribed form of judicial proceedings ; a form 
 prescribed by statute. Forma dat esse: form gives being. Forma 
 et flgura jndicii: the form and shape of judgment or judicial ac- 
 tion. Forma legalis forma essentialis: legal form is essential form. 
 Forma non observato, infertnr adnnllatio actus: where form is 
 not observed, a nullity of the act is inferred. Forma pauperis: v. In 
 forma pauperis. 
 
 Formata breria, 1. 1. Formed writs ; writs of form. 
 
 Forme, fourme, I. fr. Form. Forme de don: the form of the gift 
 
 Formed action. An action for which a set form of words is prescribed, 
 which must be strictly adhered to. 
 
 Formedon, formdon, I. fr. In old English law. An action, in the nat- 
 ure of a writ of right, given by the statute Westm. 3, c, 1. as the 
 peculiar remedy of a tenant in tail, in case of a discontinuance of 
 the estate tail. Formedon en le discender: formedon in the de- 
 scender ; a writ of formedon which lay for an heir of a tenant in tail 
 against his ancestor's alienee or disseisor. Formedon en le remain- 
 der: formedon in the remainder ; a writ of formedon which lay for a 
 remainderman against an intruder upon death of the tenant in tail 
 without issue inheritable. Formedon en le revertur: formedon in 
 the reverter ; a. writ of formedon which lay for the reversioner where 
 there was a gift in tail, and afterwards the reversion fell in. 
 
328 FORMER — FORTIS. 
 
 Former recoTery. A recovery in a former action, v. Res judicata, 
 
 Formido pericnli, I Fear of danger. 
 
 Formula, I. A form of words in judicial proceedings, generally written, 
 always consisting of the same parts, and expressed in the same lan- 
 guage, except where variation is necessary to accommodate it to a 
 particular case. 
 
 Formularies. Collections ot formulae, or forms of forensic proceedings 
 and instruments used among the early continental nations of Eu- 
 rope. 
 
 Foro, I. In the forum or jurisdiction, v. Forum. 
 
 Forprise, foreprise, foysprise, /. fr. and eng. In old English law. An 
 exception ; a reservation. 
 
 Fors, force, I. fr. Forca 
 
 Forsokne, sax. In old English law. The liberty of having a view of 
 frank-pledga 
 
 Forspeaker. An attorney or advocate in a cause. 
 
 Forsque, forte, fnrk, I. fr. But ; only. 
 
 Forstal, forestal, forstall, sane. In old English law. A standing be- 
 fore, or stopping ; a stopping of the way? v. Forestalling. 
 
 Forstallare, I. I In old English law. To stop a way; to stop on the 
 way ; to forestall. 
 
 Forstallarius, forstallator, forstellator, I. I. In old English law. A 
 forestaller. 
 
 Forstallamentum, 2. I In old English law. A forestal ment, or fore- 
 stalling. 
 
 Forstalment. In old English law. An obstruction or stopping of a way. 
 
 Forswear. To abjure, or renounce by oath ; to swear falsely. 
 
 Fortescue, Sir John. An English judge of the time of Henry VI., 
 author of a book, De Laudibus Legum Anglice, written in praise of 
 the common law. 
 
 Forthcoming bond. In American law. A bond to the sherifif condi- 
 tioned to deliver property levied on, when demanded. 
 In Scots law. Forthcoming, process or decree of: a decree and pro- 
 cess following the process of arrestment, by which the creditor is 
 entitled to demand the sum arrested to be applied in payment of the 
 debt upon which the arrest and forthcoming proceeded. 
 
 Forthwith. Without delay ; within a reasonable time. 
 
 Fortia, forcia, I. I. In old English law. Force used by an accessary, 
 to enable the principal to commit a crime, as by binding or holding 
 a person while another killed hira, or by aiding or counselling in 
 any way, or commanding, the act to be done. Fortia frisca: fresh 
 force. V. Fresh force. , 
 
 Fortis, I. Strong ; effective ; of weight, force or effect Fortis et sana: 
 strong and sound; staunch and strong. Fortior: stronger, more 
 effectual, — applied, in the law of evidence, to a presumption strong 
 enough to shift the burden of proof. Fortior et potentior est dis- 
 
FORTIS — FOSSATORUM. 329 
 
 positio legis qnam hoininis: the disposition of the law is of greater 
 force and effect than that of man. Fortisslmnm: strongest; of 
 the greatest force or weight, v. Arguvientum ab, etc. 
 
 Fortuit, fr., Fortuitus, l, Fortuitous. Accidental Fortuitous col- 
 lision: the accidental running foul of vessels. 
 In the dvil law. Fortuitus: accidental. Fortuitus casus: a for- 
 tuitous event; an accident 
 
 Fortuna, 2. Fortune; chance. Fortunamfaciant jndiceni,ut quilibet 
 habeat partem illam qna3 per sortem ei acciderit: they shall make 
 fortune or chance the judge, that each one may have that part 
 which shall fall to him by lot. 
 
 Forum, I. I. A court ; a jurisdiction ; a place where legal redress is 
 sought. Forum qctus: the forum of the place where the thing was 
 done. Forum conscientise: the forum or tribunal of conscience. 
 Forum contentiosnm: a contentious forum ; a place of litigation ; 
 a court of justice, as distinguished from the tribunal of conscience. 
 Forum contractus: the forum of the contract; the court of the 
 place where a contract is made. Forum domesticum: a domestic 
 forum or tribunal. The visitatorial power is called a. forum domesti- 
 cum., calculated to determine sine strepitu, all disputes that arise 
 within themselves. Forum domicilii: the forum or court of the 
 domicile; — actoris or rei: the forum of the plaintiff's or the de- 
 fendant's domicile. Forum ecclesiasticnm: an ecclesiastical or 
 spiritual court, as distinguished from a secular one. Forum lige- 
 antise rei or actoris: the forum of allegiance of the defendant or 
 plaintiff [of the country to which he owes allegiance]. Forum litis 
 motse or fortnitum: the forum where the suit happens to be brought 
 Forum originis: the forum or court of nativity ; the domicile of na- 
 tivity, or place of a person's birth, considered as a place of juris- 
 diction. Forum regiuni: the king's court Forum rei or rei sitae: 
 the forum where the property is ; — gestae: the forum of the place 
 where an act is done, considered as a place of jurisdiction and rem- 
 edy. Forum saeculare: the secular forum as distinguished from 
 the spiritual or ecclesiastical. Forum sequitur reum: the court 
 follows the defendant 
 
 Fos, fosse, 1. fr. A dyke or ditch. 
 
 Fossa, I. In old English law. A ditch ; a pit full of water, in which 
 women committing felony were drowned ; a grave. 
 In the civil law. A ditch, a receptacle of water, made by hand. 
 
 Fossatum, I. I. In old English law. A dyke; a bank of earth thrown 
 up out of a ditch ; a ditch or trench : a moat or fosse around an en- 
 campment or fortified place ; a canal ; a place fenced with a ditch. 
 
 Possatorum operatio, L I. In old English law. Fosse-work ; the serv- 
 ice of laboring, for the repair' and maintenance of the ditches 
 around a city or town, for which some paid a contribution, called 
 fossagium. 
 
330 FOSTERLAND-FRANCUS. 
 
 Fosterland. Land given to the finding of food or victuals for any person 
 or persons ; as in monasteries for the monks, etc. 
 
 Founder. One who endows a corporation, or gives the revenues or 
 funds for its establishment; one who gives a corporation its exist- 
 ence by incorporating it 
 
 Foanderosa, I. I. Founderous ; out of repair, as a road. 
 
 Four corners. The whole of an instrument, — no one part more than 
 another. 
 In English law. Four seas: the seas encompassing England, or the 
 island of Great Britain. 
 
 Fourcher, forcher, foercher, l.fr. In old English law. A terra ap- 
 plied to a particular mode of casting essoins by two or more tenants, 
 simul et vicissim, that is, alternately, and in succession, so as to pro- 
 long the proceedings, and thereby delay the demandant. 
 
 Fowls of warren. In English law. Birds of game ; which are divided 
 by Coke into field birds, wood birds, and water fowl ; but of which 
 according to Manwood tliere are but two kinds, — the pheasant and 
 the partridge. 
 
 Foy, foi, I. fr. Faith ; fidelity ; oath. 
 
 Fractio, I. A bi-eaking ; a bi-each. Fractio fldei: a breach of promise 
 or of trust. 
 
 Fraction. A breaking, or breaking up ; a fragment or broken part ; a 
 portion of a thing, less than the whole. Fraction of a day: the 
 division or breaking up of a day into smaller portions of time. 
 
 Fractlonem diei non recipit lex, I. The law does not regard the frac- 
 tion of a day. 
 
 Fractor, I. In old English law. A breaker. Fractores gaolarnm: 
 gaol or prison-breakers. 
 
 Fractura navlum, /. The breaking, or wreck of ships ; the same as 
 naufragium. v. Shipwreck. 
 
 Franc, I. fr. Free. v. Frank; Frauna; Fraunche. 
 
 Franchiare, I. I. In old English law. To enfrancliise ; to make free. 
 
 Franchllanns, I. I. In old English law. A freeman ; a freeholder or 
 free tenant ; a franclaine, frankleyne or frankelein. 
 
 Franchise. In American laiv. A particular privilege conferred by 
 grant from government and vested in individuals. 
 In English law. A liberty ; a privileged place ; a royal privilege, or 
 a branch of the prerogative subsisting in the hands of a subject, 
 and arising either from royal gi-ant, or from prescription, which pre- 
 supposes a grant. 
 
 Francigena, I. I In old English law. A Frenchman; one born in 
 France ; any alien. 
 
 Franclaine, franclein, frankleyne. In old English law. A freeholder, 
 freeman or gentleman. 
 
 Francus, I. I. In old English law. Free. Francus bancus: free bench. 
 Francus plegins: a frank pledge, or free pledge; a decennary or 
 friborg. Francus ten ens: a frank or free tenant; a freeholder. 
 
FEANGITUR-FRAUNCHE. 33I 
 
 Frangitnr eorum baculus, ?. Their baton is broken. A term anciently 
 applied to a person convicted of felony upon confession, signifying 
 that he could not bring an appeal. 
 
 Frank, franc, francho, fraxmc, fraunche, I. fr. Free. Frankal- 
 moigfn: free alms ; a tenure by spiritual services without fealty in 
 land held by a religious corporation to them and their successors for- 
 
 ' ever. Frank bank: free bench. Frank chase: free chase ; the liberty 
 or franchise of having a chase. Frank fee: a species of tenure in 
 fee simple, being the opposite of ancient demesne, or copyhold. Frank 
 ferm: lands in socage tenure ; lands the fee of which is changed by 
 feoffment out of chivalry for certain yearly services. Frank-fold, 
 frankfaulde: free fold ; a privilege of the lord to have the sheep of 
 his tenants in his fold, in his demesnes, to manure his land. Frank 
 law: the liberty of being sworn in court as a juror or witness ; one 
 of the ancient privileges of a freeman. Frank marriage: an estate 
 tail special given upon marriage to the husband of the donor's 
 female relative, to them and the heirs of their bodies free of all 
 services, except feally, until the fourth generation. Frank pledge: 
 a free pledge ; a decennary, tithing or f riborg. Frank tenant: a free 
 bolder. Frank tenement: a free tenement, freeholding or free- 
 hold. 
 
 Frater, I. A brother. Frater consanguineus: a brother by the fath- 
 er's side. Frater fratri uterino non succedet in ha;reditate pa- 
 terna: a brother shall not succeed a uterine brother in the pater- 
 nal inheritance. Frater nutricius: a bastard brother. Frater 
 aterinus: a brother by the mother's side ; a uterine brother. 
 
 Fraud. Any cunning, deception or artifice, used to circumvent, cheat 
 or deceive another ; any act, omission or concealment which in- 
 volves a breach of legal or equitable duty, trust or confidence justly 
 reposed, and is injurious to another, or by which an undue and un- 
 conscientious advantage is taken of another. Fraud in fact: act- 
 ual or positive fraud: fraud which consists in, or appears from 
 matter of fact Fraud in Ijiw: fraud, in contemplation of law; 
 fraud implied or inferred by law ; fraud made out by construction 
 of law. 
 
 Fraudare, I In the cwil law. To deceive, cheat or impose upon ; to 
 defraud, v. Nemo vidctur, etc. 
 
 Frauds, statute of. The statute of 39 Charles II., c. 3, otherwise called 
 the Statute of Frauds and Perjuries, which makes writing necessai-y 
 in many cases of contracts and grants ; any statute in one of our 
 states based on the same. 
 
 Fraudulent conveyance. A conveyance, the object, tendency or effect 
 of which is to defraud another, or the intent of which is to avoid 
 some debt or duty due by, or incumbent on, the party making it. 
 
 Fraunche, frauncli, I. fr. Free. Fraunche ley: frank-law. Fraunch 
 pescherie: free fishery. 
 
332 J^'RAUNK — FREEHOLD. 
 
 Fraunk, fraanck, I. fr. Free ; frank. Frannck estate: a free estate. 
 Frauttck plegge: frank pledge. Fraiink ferine: frank or free 
 farm. Fraunk home: a freeman. Fraunk tenement: a free tene- 
 ment ; a freehold. 
 
 Fraus, L Fraud. Fraus est celare fraudem: it is a fraud to conceal a 
 ■fraud. Fraus est odiosa et non prsesumenda: fraud is odious and 
 not to be presumed. Fraus et dolus nemini patrocinari debent: 
 fraud and deceit should defend or excuse no man. Fraus et jus 
 nunquam cohabitant: fraud and justice never dwell together. 
 Fraus latet in generalibus: fraud lurks in general phrases. Fraus 
 meretur fraudem: fraud merits fraud. 
 In the civil law. Fraus legjis: fraud of law ; fraud upon law. 
 
 Freetare, fretare, I. I. In old English law. To freight or load a vessel. 
 Frectatus: freighted. Fretati fuerunt cum Tinis: they were 
 freighted with wines. 
 
 Frectum, frettum, I. I. In old English law. Freight. 
 
 Fredwite, fridwite, frithwite, sax. In Saxon law. A sum of money 
 paid to obtain peace, or exemption from prosecution. 
 
 Free. Not bond or servile ; not subject to servitude ; certain or honor- 
 able, the opposite of base ; privileged or exclusive, the opposite of 
 common. Free ships: neutral vessels, sometimes so called. 
 In English law. Free bench: dower in copy-hold' lands. Free 
 chapel: a chapel, or place of worship, so called because exempted 
 from the jurisdiction of the ordinary or diocesan. Free fishery: an 
 exclusive right of fishing in a public river, or an arm of the sea. 
 Free-fold: v. Frank-folk; Foldage. Free pledge: v. Frank pledge. 
 Free socage: a tenure by some certain and determinate service; 
 called free, because the service was not only certain but honorable, 
 and thus distinguished from villein socage, where the services, 
 though certain, were of a baser nature. Free or frank tenure: 
 freehold ; the opposite of the ancient villeinage, and modern copy- 
 hold. Free warren: a royal franchise granted to a subject for the 
 preservation or custody of animals called beasts and fowls of war- 
 ren, being the exclusive right of taking and killing game within 
 certain limits. i 
 
 In old English law. Free services: such feudal services as were not 
 unbecoming the character of a soldier or a freeman to perform ; as 
 to serve under his lord in the wars, to pay a sum of money, and the 
 like. Free socmen: tenants in free socaga 
 
 Freebord. In old English law. An allowance of land over and above 
 a certain limit, or boundary, as so much beyond, or without a fence; 
 the right of claiming that quantity. 
 
 Freeliold. In American law. An estate Of inheritance, or for life, in 
 real property. 
 In English law. An estate either of inheritance or for life, in lands or 
 tenements of free tenure. Freehold in law: an estate of freehold 
 
FREEHOLD — FRIBORGESHEOFOD. 333 
 
 in lands to which one has a right by descent, but upon which he has 
 not yet entered. 
 Freeholder. One who possesses a freehold estate ; a free tenant 
 Freeman. A person born or made free ; a person not a slave ; a person 
 having the privileges of citizenship ; a member of a corporation, 
 company or city possessing certain privHeges. 
 In old English laio. A free tenant, or freeholder ; one who held land 
 
 freely, as distinguished from a villein. 
 In the civil law. A person born or made free ; the opposite of a slave. 
 Freight. The price or sum paid for the actual transportation of goods 
 by sea, from one place to another ; any reward or compensation 
 paid for the use of ships, including the transportation of passengers ; 
 the price paid for transporting goods, whether by water or by land. 
 Frendlesman, sax. In ol4 English laio. An outlaw, so called, accord- 
 ing to Bracton, because he forfeited his friends, all persons being for- 
 bidden to shelter him. 
 Frendwite, sax. In old English law. A fine exacted of one who har- 
 bored an outlawed friend ; an acquittance or immunity from fore- 
 fang. 
 Freneticus, 1. 1, Frentike, I fr. In old English lav.. A madman, a 
 
 person in a frenzy. 
 Freo, saai InSaxonlaw. Free. Freoborgh, freoborghes, fi'eoborhes: 
 a free surety, or free pledga Freoborhesheofod: the head of a 
 f riborg or free pledge ; a chief pledge, v. Friborgesheofod. 
 Freqnantia actus ninltum operatnr, I. The frequency of an act eflfecta 
 
 much. 
 Frere, I. fr. A brother. Frere eyne: elder brother. Frere puisne: 
 
 younger brother. 
 Fresche, I fr. Fresh or new. Freschement: freshly, newly. 
 Fresh. In old English law. Recent, or new ; without profit, — a term 
 applied in the old books to land. Fresh disseisin: recent disseisin, 
 a disseisin which might be righted by force, by entry and ejection 
 of the disseisor. Fresh line: a fine that had been levied within a 
 year past. Fresh force: force newly done ; applied to force com- 
 mitted in any city or borough, and for which a peculiar remedy, 
 called an assise or bill of fresh force, was provided. Fresh suit: 
 immediate or speedy pursuit, or prosecution ; the pursuit of an 
 offender, immediately, or as soon as possible after the act, including 
 the prosecution of such pursuit until the apprehension and convic- 
 tion of the offender. 
 Frettum, i. t In old English law. Freight money. 
 Friborg, friborgh. In Saxon and old English law. A free pledge, oi 
 frank pledge ; one of the ancient Saxon names .of the tithing or 
 decennary, and also of the individuals who composed it 
 Friborgesheofod, sax. In Saxon and old English law, A chief pledge, 
 or head of a friborg. 
 
33J: FRIDHBURGUS — FRUCTUS. 
 
 Eridhbm-g'us, frithbnrgus. In old English law. A kind of frank 
 pledge, by which the lords or principal men were made responsible 
 for their dependents or servants. 
 
 Pridstoll, fridstow, frilhstow, sax. In Saxon law. A seat, chair or 
 place of peace ; an asylum, refuge or sanctuary for offenders. 
 
 Friscns, I. I. In old English law. Recent or new; fresh, as distin- 
 guished from salt ; uncultivated. Frisca fortia: fresh force; force 
 recently committed. 
 
 Frithborg, sax. In Saxon law. A pledge or surety for the peaca 
 
 Fi'ithbote, sax. In Saxon law. A compensation, satisfaction or fine 
 for breach of the peace. 
 
 Fi'ithbrcch, sax. In Saxon law. A breach or violation of the peace. 
 
 Frlthsocne, frithsocen, sax. In Saxon and old English law. A liberty, 
 franchise or jurisdiction to keep the peace. 
 
 Frodmortel, freomortel, sax. In Saxon law. An immunity or free- 
 dom granted for committing murder, or manslaughter. 
 
 From. As a word expressive of time, from is construed both inclu- 
 sively and exclusively, though generally in the latter sense. The old 
 rule was, that when used to denote the commencement of a term, 
 as a lease from such a day, it was to be taken exclusively. But the 
 day of a demise is now ordinarily considered as inclusive. In other 
 cases, however, as where a party is allowed a certain time from 
 ^ such a day, the old rule prevails, and the day is excluded. As 
 expressive of place, from is always taken exclusively. 
 
 Fractaarius, L In the civil law. One who had the usufruct of a 
 thing, — i. e. the use of the fruits, profits or increase, as of lands or 
 animals. 
 
 Fructum perceptio, I The rightful taking of the produce of property 
 by a person other than the owner of the property. 
 
 Friictus, I Fruit; produce. Fructus Industriales or iiidnstriae: in- 
 dustrial fruits, or fruits of industry, — those fruits of a thing, as of 
 land, which are produced by the labor and industry of the occu- 
 pant 
 In the civil law. Fruit, fruits ; produce ; profit or increase ; the or- 
 ganic productions of a thing; the right to the fruits of a thing be- 
 longing to another; the compensation which one receives from 
 another for the use and enjoyment of a thing, such as interest or 
 rent Frnctus civiles: civil fruits ; the profits, returns or compen- 
 sation which a man receives from another, for the use or enjoyment 
 of a thing. Fructus fundi: the fruits of land. Fructns natnrales: 
 natural fruits; those fruits or profits of land, or other thing, which 
 ^ are produced solely by the powers of nature. Fructus pecndnin: 
 the produce of flocks or herds, including milk, hair and wool. 
 Frnctus pendentes: the fruits of a thing, while united with the 
 thing which produces them. Fructus rei aliense: the fruits of an- 
 other's property. Frnctus separati: separate fruits; the fruits of 
 a thing when they are separated from it 
 
FRUGES — FUGACIA. 335 
 
 Frnges, I. In the civil law. Fi-uits ; produce of landi 
 
 Fruits of crime. Material objects acquired by means and in consequence 
 of the commission of crime, and sometimes constituting the subject 
 matter of the crime. 
 
 Frumentnm, I. In the civil law. Grain,— that which grows in an ear. 
 
 Frunigyld, sasa. In Saicon law. The first payment made to the kin of 
 a slain pereon, in recompense of his murder. 
 
 Frnssare, I I In old English law. To break up. Frussare terrain: to 
 break or plough up new ground. 
 
 Frussnra, 1 1 In old English law. A breaking, or breaking up. Friis- 
 sura doniorum: house breaking. Frussnra terras: new broke land, 
 or land lately ploughed up. 
 
 Frustra, I. In vain ; to no purpose. Frustra agit qui judicium pro- 
 sequi neqnit cum eflfectu: he sues to no purpose who cannot 
 prosecute his judgment with effect (who cannot have the fruits 
 of his judgment). Frustra [yana] est potentia quaj nunqnam 
 veiiit in actum: that power is to no purpose which never comes 
 into act, or which is never exercised. Frustra feruntur leges 
 nisi subditis et obedlentibus: laws are made to no purpose, 
 except for those that are subject and obedient. Frustra ilt per 
 plnra, quod ileri potest per pauciora: that is done to no purpose 
 by many things, which can be done by fewer. Frnstra legis aux- 
 ilium invocat [quserit] qui in legem committit: he vainly in- 
 vokes the aid of the law who transgresses the law. Frustra petis 
 quod mox es restiturus: in vain you ask that which you will have 
 immediately to restore. Frustra petis quod statim alteri reddere 
 cogeris: vainly you ask that which you will immediately be com- 
 pelled to restore to another. Frustra probatur, quod probatum 
 non relerat: that is proved to no purpose, which, when proved, 
 does not help. 
 Frnstrum terrae, I. I. In old English law. A piece or fragment of land ; 
 a piece of land left over, after the measurement of a field ; a large 
 piece of land lying by itself, and unconnected with any field, town 
 or manor. 
 Frymth, fyrmth, sax. In Saxon law. A taking in ; the affording of 
 
 harbor and entertainment to any one. 
 Frytlie, sax. In old English law. A plain between woods ; an arm of 
 
 the sea, or a strait between two lands. 
 Fuage. In old English law. A tax laid upon the fire-place, hearth, or 
 
 chimney; hearth money. 
 Fuer, I. fr. In old English law. To fly or flee ; to chase or drive ; flight. 
 Fuer en fait: flight in fact; actual flight. Fuor en ley: flight in 
 law ; failing to appear when called in the county court. 
 Fuga, I, In old English law. Flight Fugara facere: to make flight ; 
 
 to flee. Fugam fecit: he has made flight ; he has fled. 
 Fugacia, LI In old English law. A chase 
 
336 FUG AGIO — FUND ATOR 
 
 Fngacio, fagalio, 1. I In old English, law. The hunting of wild animals 
 
 in forests, chases and parks ; the liberty of hunting. 
 Fug'am fecit, 1. 1. In old English law. He made flight ; he fled ; a fly- 
 ing for fear of an offense. ' 
 Fngare, I. I. In old E^iglish law. To chase or hunt; to course a 
 deer ; to drive. Fugare et refugfare catalla: to drive cattle to and 
 fro. 
 Fugator, 1. 1. In old English law. A driver. Fugatores carucarnm: 
 
 drivers of wagons. 
 Fugitate. In Scots law. To outlaw, by the sentence of a court ; to out- 
 law for non-appearance in a criminal case. 
 Fagitation. In Scots law. Outlawry. 
 
 Fngitivns, I. In old English law. A fugitive; a person who fled upon 
 commission of a felony; a villein or bondman who left his lord 
 without the intention of returning. Fugitivi: fugitives. 
 In the civil law. A fugitive ; a runaway slave. 
 Fiigitire. A person who, after committing an offense, has fled from 
 
 justice ; a slave who has fled from his master. 
 Fuit argne arere, I. fr. It was argued again. 
 
 Full. Complete. Full age: the age at which persons come to the rights 
 of adults under the law, — at common law, generally, twenty-one 
 years ; in the cvvil law, twenty-fiva Full blood: a term of relation, 
 denoting descent from the same couple. Full court: a court sitting 
 in banc, implying, strictly, the presence of all the judges. Full de- 
 fense: the formula of defense in a plea stated at length. Full life: 
 life in fact and in law. 
 In the civil law. Full proof: proof by two witnesses, or by a public 
 instrument 
 Fullum aquie, I. I. In old English law. A stream of water ; a fleam 
 
 [flume], such as comes from a mill. 
 Functus, I One who has performed or discharged some function. 
 Functus officio: one who has performed some office assigned to 
 him ; one whose authority has accordingly ceased. 
 Fundare, I. I. In old English law. To found or establish, — formerly 
 used to denote the supporting of a plaintiff's or demandant's count or 
 declaration, by showing the facts and circumstances upon which his 
 demand was founded ; to found a corporation ; to give the revenues 
 necessary for the purpose ; to incorporate. 
 Fundatlo, I. A founding, or foundation. Fundatlo iucipiens: the 
 incipient foundation ; the incorporation of a college or hospital 
 Fundatlo perflciens: the perfecting foundation; the donation or 
 endowment of it with funds. 
 Pnudator, I A founder. Fundator incipiens: the incipient founder 
 of a corporation; the king or state by whom it is incorporated. 
 Fnudator perflciens: the perflcient founder, the donor or endower 
 of the institution with funds. 
 
FUNDUS — FURTUI<L 337 
 
 Fundus, I. In civil and old English law. Land or ground generally ; 
 land, including buildings generally ; a farm ; the bottom or founda- 
 tion of a thing. Fundus maris: the bottom of the sea. 
 
 Fungible things. In the civil law. Things which may be furnished 
 or restored in kind, as distinguished from specific things. 
 
 Fur, I. In civil and old English law. A thief. Fur diurnns: a day 
 thief. Fur nocturnns: a night thief. 
 In the civil law. Fur mauifestns: a manifest thief ; a thief taken in 
 the very act of stealing. 
 
 Furca, I. L In old English law. A fork ; a gallows or gibbet. Furca 
 et flagcllum: gallows and whip. Furca et fossa: gallows and pit ; 
 a terra used in ancient charters to signify a jurisdiction of pun- 
 ishing thieves, — men by hanging, women by drowning. 
 
 Fnrigeldnm, I. I. A fine or mulct paid for theft. 
 
 Furiosus, I. A madman or lunatic; one violently insane. Furiosi 
 nulla Toluntas est: a madman has no will. Furiosus absentis 
 loco est: a madman is the same with an absent person (that is, his 
 presence is of no effect). Furiosus nullum negotium contrahere 
 potest: a madman can contract nothing, — can make no contract. 
 Furiosus nullum negotiuiu gerere potest, quia non intelligit quod 
 agit: a madman can transact no business, because he does not un- 
 derstand what he does. Furiosus solo [or solum] furore punitur: 
 a madman is punished by his madness alone ; that is, he is not an- 
 swerable or punishable for his actions. 
 
 Fnrnaginm, I. I. in old English laic. A tribute or tax paid to a lord 
 by his tenants, for the use of his oven ; a baker's fee. 
 
 Furst and fandong, sax. Time to advise or take counsel. 
 
 Further assurance. A covenant by a grantor that he will execute such 
 further instruments as may be found necessary to assure the titla 
 
 Furtire, I. In old English law. Stealthily ; by stealth. 
 
 Furtum, I. In civil and old English law. Theft ; a thing stolen. Fur- 
 tum est contrectatio fraudulosa, lucri faciendi gratia\ vel ipsius 
 rei, Tel etiam usus ejus, possessionisve: theft is the fraudulent 
 handling or meddling with a thing, or the use or possession of it, 
 for the sake of making gain. Furtum est contrectatio rei alienee 
 frandulenta, cum animo furandi, invito illo domino cujus res 
 ilia fuerit: theft is the fraudulent handling of another's property, 
 with the intention of stealing it, against the will of its owner. 
 Furtum mauifestum: manifest theft ; — est ubi latro deprchensus 
 est, seysitus de aliqno latrocinio, scilicet handhabende et bacbe- 
 rende: manifest theft is where a thief is caught with anf thing 
 stolen in his possession, that is to say, having it in his hand, or carry- 
 ing it on his back. 
 In the civil law. Furtum conceptnm: received theft ; the offense of 
 receiving stolen goods. Furtum oblatum: offered theft 
 22 
 
338 FaRTTTM- GAINER 
 
 In Scots law. Fnrtnm graTe: an aggravated degree of theft, an- 
 ciently punished with death. 
 
 Fastis, I In old English law. A staflf, used in making livery of seisin ; 
 a baton, club or cudgel. Fiiste et scnto defenders: to defend with 
 baton and buckler, that is, in the duellum, or combat 
 
 Fnstigatio, L L In old English law. A beating with sticks or clubs ; 
 one of the ancient kinds of punishment of malefactors. 
 
 Fntnre assurance. A transfer in the future such as will cure a defect in 
 a titla Fntnre estate: an estate to which a person is entitled in 
 future; an estate in expectancy. 
 
 Futuri, /. Future persons ; persons not yet in being. 
 
 Pntyf, fntyfe, fntife, fuy, I fr. A fugitive from justice ; a fugitive or 
 runaway bondman, or villein. 
 
 Fyle, fl^le, sc. In old Scots law. To declare or find guilty ; literally, to 
 defile ; to make or declare foul : as clenge was to acquit, literally to 
 clean or cleanse. Fylit: found guilty. 
 
 Fyn, feyn, /, fr. Fine ; a fine, 
 
 Fyuderinga, i t or saax. In old English law. An offense whose nat- 
 ure is matter of conjecture, mentioned in the laws of King Henry L, 
 c. 11, the fine or compensation for which was reserved to the king. 
 
 (}. In law French, frequently used at the beginning bf words, to ex- 
 press the English W. 
 
 Gabel, gavel. In old English law. A tax, duty, impost, custom or 
 tribute ; a rent or service. 
 
 Gablnm, gabellum, I. L In old English law. A rent; interest, or 
 usury ; the profit of money. 
 
 Gafol, gafole, gafel, gafnl, sax. Rent, or income ; tax, tribute or cus- 
 .tom; the profit or gain of money; interest or usury. Gafol land 
 or gaful land: rented land ; land let for rent 
 
 Gafolgild, sax. The payment of rent or incoma 
 
 Gage. In old English law. Security; something given to secure the 
 performance of an act 
 
 Gager, I fr. In old English law. To give or find security or surety for 
 doing a thing ; to wage ; the giving of security ; wager. Gager de 
 ley: wager of law. Gager deliverance: to gage or wage deliver- 
 ance; to give security for the delivery. Gager ley: to wage law; 
 to give security for making It 
 
 Gaignage, gaignere, I fr. In old English law. Wainage. v. Oainage. 
 
 Gainage. In old English law. Implements of husbandry or plough 
 tackle, including wains or wagons and their furniture for carrying 
 on the work of tillage ; the profit arising from the tillage of land. 
 
 Gainer, gaigner, gayner, I fr. To cultivate, plough or tilL 
 
 Gainer, gainor, gaiunre, I. fr. Tillage or agriculture ; the profit accru- 
 ing therefrom. 
 
GAINERY — GARBALEa 339 
 
 Gainery. In old English law. Tillage, or the profit of tillage 
 
 Gaius. A celebrated Roman jurist, whose Institutes formed the founda- 
 tion for thelnstitutes of Justinian. 
 
 Galenes. In old Scots law. A kind of amends, assithment, or satisfac- 
 tion for slaughter. 
 
 Galo, galona, I I. In old English law. A gallon. 
 
 Game. All such animals as are ferm natures and objects of the chasa 
 Game laws: laws for the preservation of game ; usually specifying 
 at what times, by what means, etc., certain descriptions of game shall 
 be pursued and taken. 
 
 Gaming. The act or practice of playing any game, particularly games 
 of hazard. 
 
 Gaol. A place of confinement or safe keeping, commonly defined also 
 as a prison, from which, however, it seems properly to be dis- 
 tinguishable, — a gaol being a place of temporary confinement, or of 
 confinement for minor offenses, or for debt; a prison being a place of 
 permanent confinement, and a place of punishment for crimes. 
 Gaol deliyery: the delivery or clearing of a gaol of prisoners by 
 trial of them ; the gaol being considered as delivered by their ac- 
 quittal or punishment. Gaol liberties: a district around a gaol 
 through which prisoners are allowed to go at large upon the giving 
 of security for their return. 
 
 Gaol a, I. I. In old English law. A gaol. 
 
 Gaole, L fr. In old English law. A gaol. 
 
 Gaoler. The keeper of a gaol, — the sheriff of the county being so con- 
 sidered, the actual keeper being, in contemplation of law, only the 
 sheriff's deputy. 
 
 Garannt, garraant, garant, L fr. In old English law. A party called 
 upon, or who might be called upon to warrant another ; a vouchee ; a 
 party warranting. Garaunt que luy est tenu a garannter: a war- 
 rantor who is bound to him to warrant 
 
 Garannter, garraunter, I fr. To warrant Garannter en nn sen sig- 
 nyfle a defendre le tenannt en sa seisine, et en nn antre sen sig- 
 nifle que si il ne le defende, que le garannt Iny soit tenu a es- 
 channges, et de faire son gree ala vaillannce: to warrant signifies, 
 in one sense, to defend the tenant in his seisin, and in another sense, 
 it signifies that if the party called upon to warrant do not defend 
 him, he shall be bound to exchange (or recompense) and to make 
 him satisfaction to the value, 
 
 Garanntie, garannty, I. fr. Warranty. 
 
 Garanntor, I. fr. A warrantor ; a vouchee. Garaunte: a warrantee ; 
 a person warranted. 
 
 Garba, I. L In old English law. A bundle or sheaf. Garba sagit- 
 tarnra: a sheaf of arrows, containing twenty-four. 
 
 Garbales decimae, Z. In Scots lavx Tithes of corn [grain]. 
 
340 G ARD — GAUGETXJM. 
 
 Gard, garde, I. fr. In old English law. Ward; a ward of a city. 
 Garde en Loudrcs est come hundred en county: a ward in London 
 is the same as a hundred in a county. , 
 
 Garde, gard, I. fr. Custody ; care of keeping ; ward ; wardship of a 
 minor. 
 
 Gardein, gardeyn, I fr. In old English law. A guardian ; a keeper ; 
 a warden. 
 
 Gardianus, I I. In old English law. A guardian, defender or pro- 
 tector ; a warden. Gardianus ecclesiae: a church warden. Gardi- 
 anus quinque portunm: warden of the Cinque Ports. 
 
 Gardien, I. fr. In old English law. Warden. Gardien de Fleete: 
 warden of the Fleet 
 
 Garner, garnir, I. fr. To ward, or give notice ; to summon ; to give 
 time for preparation ; to furnish or provide ; to clothe. 
 
 Garuement, I. fr. Furniture ; clothing ; a garment 
 
 Garnish. To warn or give notice. 
 
 Garnish. In Englist), law. Money paid by a prisoner on his entrance 
 into gaol. 
 
 Garnishee. A person warned ; a party in whose hands money or prop- 
 erty is attached by the creditor of another, and who has had warn- 
 ing or garnishment not to pay or deliver it to the defendant 
 
 Garnishment. A warning to a person in whose hands the effects of 
 another are attached, not to pay the money or deliver to the de- 
 fendant the property of the defendant in his hands, but to appear 
 and answer the plaintiffs suit 
 In old English law. A warning ; a furnishing ; a warning given to 
 one for his appearance, for the better furnishing of the court and 
 cause ; a warning or summons to a party to appear and give tha 
 court instruction on any matter. 
 
 Garnistura, garuestura, I. I. In old English law. A furnishing or 
 providing ; garniture ; furniture ; provision ; ammunition and other 
 implements of war. 
 
 Garrant, garrante, I. fr. Warrant or authority. 
 
 Garrauter, garrantir, I. fr. To warrant 
 
 Garrantie, garranty, I fr. Warranty. 
 
 Garrantor, I. fr. A warrantor, or person called upon to warrant 
 
 Garrena, garrenna, garrene, garren, garreyn, I. fr. A warren ; a 
 place for keeping and pi-eserving animals. 
 
 Garsnmme. In old English law. A fine or amerciament 
 
 Gaster, I. fr. To waste. Gaster le hoys: to waste the woods. 
 
 Gastine, I. fr. Waste or uncultivated ground. 
 
 Gate. In English law. A right in land for the use of cattlei 
 
 Gaudere, I. To enjoy. 
 
 Gaugeator, I. I In old English law. A ganger or gager. 
 
 Gaugetum, I. I In old English law. A gauge, or gauging. 
 
GAVEL — GENEATH. 34,1 
 
 GaTel. In English law. Custom, tribute ; toll ; yearly rent ; payment 
 or revenua There were anciently several sorts, as gayel-corn, gavel- 
 malt, oat-gavel, gavel-fodder, etc. ' 
 
 (iravelbred. In English law. Rent reserved in bread, corn or provision ; 
 rent payable in kind. 
 
 Gavelet, gavelate. In English law. A rent ; a process for the recovery 
 of rent in gavel-kind tenure. 
 
 (xavelgeld, ^avelgild, sax. In old English law. That which yields a 
 rent or annual profit ; that which pays a tribute or toll ; the tribute 
 or toll itself. 
 
 Gavelherte, gavelerth, sax. In old English law. The duty or work 
 of ploughing so much earth or ground, done by the customary ten- 
 ant for his lord. 
 
 Gaveling men. Tenants who paid a reserved rent, in addition to some 
 customary duties. 
 
 Gavelkind, gavelkynd, gavelkende. In English law. A kind of soc- 
 age tenure peculiar to the county of Kent, where lands descend 
 to all the sons equally, or to heirs of the nearest degree, and where the 
 lands do not escheat for felony, may be devised, and may be aliened 
 by the heir when he comes to the age of fifteen, and where there is 
 dower and curtesy in half the land. 
 
 Gavelinan. In old English law. A tenant liable to the payment of 
 gavel or tribute. 
 
 Gavelmed. In old English law. A duty, work or service of mowing 
 grass, or cutting meadow land, required by a lord from his custom- 
 ary tenant 
 
 Gavelrep, gavelryp. In old English law. Bed-reap or bid-reap ; the 
 duty of reaping at the bid or command of the lord. 
 
 Gavelsester. In old English law. A certain measure of rent-ale. 
 
 Gavelwerk. In old English law. A rent or tribute paid in work, either 
 by the person of the tenant, called manu-opera, or by his carts or 
 carriages, called carr-opera. 
 
 Gebocian, sax. To convey by writing. 
 
 Gebiirsclp, sax. In Saxon law. Neighborhood or adjoining district. 
 
 Geburus, I. I. In old English law. A country neighbor ; an inhabitant 
 of the same geburscip, or village. 
 
 Geld, gild, sax. In Saxon and old English law. A payment, tax or 
 tribute; a sum of money exacted of a subject; a mulct or fine; a 
 satisfaction or compensation for a crime ; the price or value of a 
 thing. 
 
 Gemot, gemote, sax. In Saxon law. A public meeting or assembly ; a 
 court, or judicial tribunal. 
 
 Gemotnm, 1. 1. In Saxon law. A public meeting, or court 
 
 Geneath, sax. In Saxon law. A villein, or agricultural tenant ; a hind 
 or farmer. 
 
34:2 GENERAL. 
 
 General. That which comprehends all, the whole, as distinguished 
 from special, which signifies something designed for a particular 
 purpose. General act: an act of the legislature which regards the 
 whole community. General agent: a person who is authorized by 
 his principal to execute all deeds, sign all contracts, or purchase all 
 goods, required in a particular trade, business, or employment. 
 General average: a contribution made by the proprietors in general 
 of a ship or cargo, towards the loss sustained by any individual of 
 their number, whose property has been voluntarily sacrificed for the 
 common safety. General character: the estimation in which a 
 person is held in the community where he lives as to any or all of 
 those qualities of mind or morals impressed on him by nature or 
 habit, and distinguishing him from other persons. General dam- 
 ages: such damages as necessarily result from the injury com- 
 plained of, and which may be shown under the ad damnum, or 
 general allegation of damages at the end of the declaration. Gen- 
 eral demnrrer: a demurrer framed in general terms, without show- 
 ing specifically the nature of the objection, and which is usually 
 resorted to where the objection is to matter of substance. Gen- 
 eral issue: a short general plea, in actions at law, denying the 
 allegations contained in the plaintiff's declaration, in summary terms, 
 and concluding with a tender of issue. General legacy: a pecun- 
 iary legacy, payable out of the general assets of a testator. Gen- 
 eral lien: the right which the bailee of a chattel has to retain 
 possession of it from the owner, until payment is made not only for 
 the particular article, or some labor, service or expense performed, 
 incurred or laid out upon or in relation to it, but of any balance that 
 may be due ou general account in the same line of business. Gen- 
 eral occupant: at common law, where a man was tenant per auter 
 vie, or had an estate granted to himself only (without mentioning 
 his heirs), for the life of another man, and died without alienation 
 during the life of cestuy que vie, or him by whose life it was held, he 
 that could first enter on the land might lawfully retain the possession, 
 so long as cestuy que vie lived, by right of occupancy, and was hence 
 termed a general or common occupant. General partnership: a 
 partnership in which the parties carry on all their trade and busi- 
 ness, whatever it may be, for the joint benefit and profit of all the 
 parties concerned, whether the capital stock be limited or not, or the 
 contributions thereto be equal or unequal. General ship: a ship 
 employed as a general carrier. General statute: a stEvtute relating 
 to the whole community, or concerning all persons generally, as dis- 
 tinguished from a private or special statuta General verdict: the 
 ordinary verdict delivered orally by a jury in civil actions, in which 
 they find generally "for the plaintiff," or "for the defendant," and 
 which is entered on record in the terms -of the issue or Issues re- 
 ferred to them. 
 
GENERAL — GERENa 34S 
 
 In American law. General land ofltce: a department of the govern- 
 ment under the supervision of an officer called the commissioner 
 of the general land ofiBce, having charge of the surveying and selling 
 of the public lands, and the issuing of patents for all grants under 
 the authority of the government 
 
 Generals, I. General ; a general thing. Generate dictum generaliter 
 est interpretandum: a general expression is to be interpreted 
 generally. Generale nihil eertum [certi] iniplicat: a general ex- 
 pression implies nothing certain. Generale tantnm valet in gen- 
 eralibus, quantum singulare in singulis: what is general is of 
 as much force among general things, as what is particular is among 
 things particular. 
 
 Cteneralia, L General things. Generalia preecedunt, specialia se- 
 qunntur: general things precede, special things follow. Generalia 
 specialibns non derogant: general things do not derogate from or 
 aSect things special. Generalia sunt pra;ponenda singularibus: 
 general things are to be put before particular things. Generalia 
 verba sunt generaliter^ intelligenda: general words are to be un- 
 derstood generally, or in a general sense. Generalibus specialia 
 derogant: special things take from generals. 
 
 Generalis, I General. Generalis Clausula non porrigitnr ad ea 
 quee antea specialiter snnt compreliensa: a general clause does 
 not extend to those things which are previously provided for 
 specially. Generalis regula geueraliter est intelligenda: a gen- 
 eral rule is to be understood generally. Generalissimum: most 
 general. 
 
 Cfeneraliter, I. Generally.- Generaliter dicta generaliter sunt inter- 
 pretanda: things expressed in general terms are to be interpreted 
 generally. 
 
 Generosns, I. l, Gentilhome, fr., Gentleman. In the English law. A 
 man entitled to bear arms ; a man above the rank of yeoman. 
 
 Gens, t In Roman law. A class or clan ; a people or nation ; a sub- 
 division of the Roman people next in order to the curia (q. v.), and 
 which was again subdivided into familice. 
 
 Gents, gentes, gentz, gentez, geans, gienz, I. fr. In old English law. 
 People; persons; folk. Gentz arrages: insane persons. Gentz 
 malades: sick people. Gentz nient dcmorauntz en pays: persons 
 not residing in the country or neighborhood. 
 
 Genns, I. In the civil law. A general class or division, comprising sev- 
 eral species ; a man's lineage, or direct descendants. 
 
 Gerefa, grefa, refa, saoo. In Saxon law. Greve, reve or reeve, a 
 ministerial oflBcer of high antiquity in England, answering to the 
 grave or graf of the early continental nations ; a steward or super- 
 intendent 
 
 Gerens, t Bearing. Gerens datum: bearing date. 
 
3i4r GEEERE — GILDO. 
 
 Oerere, I. To bear or carry ; to behave or conduct ; to act, strictly 
 without words; to manage, or administer. Gerere pro hajrede: 
 to act as heir. 
 
 Germanus, I., German. Of the whole blood ; of the nearest degree. 
 
 Gersnuia, sax. and I. I. In old English law. A price, reward or sum of 
 money ; the gi-eater and better part of goods ; a fine or consideration 
 paid for a thing ; a fine, amerciament or compensation for an of- 
 fense. 
 
 Gersnmarins, 1. 1. In old English law. Finable, or liable to be mulcted, 
 fined or amerced at the discretion of the lord. 
 
 Gest, sax. In Saxon laie. A guest; a stranger on the second night of 
 his entertainment in another's house. 
 
 Gestio, I. I. In the civil law. Behavior, or conduct; management or 
 transaction. Gestio pro hserede: behavior as heir; that conduct 
 by which an heir renders himself liable for his ancestor's debts. 
 V. Gerere. 
 
 Gestor, I. In the civil law. One who acts for another, or transacts an- 
 other's business. 
 
 Gestnm, t Done ; a thing done ; a transaction ; strictly, a thing done 
 without words. 
 
 Getter, I. fr. To throw or cast ; to bring. Gette: cast, as an essoin. 
 
 Gewitpessa, sax. In Saxon law. The giving of evidence. 
 
 Gewrite, sax. Writings. Deeds or charters were so called among the 
 Saxons. 
 
 Gift. A voluntary and gratuitous conveyance, or transfer of lands or 
 
 goods from one to another, not founded on the consideration of 
 
 money or blood. 
 
 In English law. A conveyance of lands in tail ; a conveyance of an 
 
 ' estate tail, in which the operative words are " I give," or " I have 
 
 given.'' 
 
 Gild, guild, ^eld, sax. In Saxon law. A tax or tribute ; a fine, mulct, 
 or amerciament; a society, or company of persons combined to- 
 gether, under certain regulations, and with the king's license, and 
 so called because its expenses were defrayed by the contributions of 
 its members ; a f riborg, or decennary. 
 
 Gilda, gnilda, I. I. In old English law. A gild or guild ; a company 
 or corporation. Gilda inercatoria: a gild merchant, or merchant 
 gild ; a gild, corporation, or company of merchants. 
 
 GildaMe, guildable, geldable. In old English law. Taxable, tributary 
 or contributory ; liable to pay tax or tribute. 
 
 Gildale. In old English law. A compotation, where every one paid 
 his share. 
 
 Gildhalla, gnildhalla, L I. In old English lavb. The hall or place of 
 meeting of a gild ; a guild-hall. 
 
 Gildo, 1.1. In Saxon law. A member of a gild or friborg. 
 
GILDRENT — GOOD. 345 
 
 Gildrent. In old English law. A rent payable by any gild or frater- 
 nity. 
 
 trirtll and sanctuary. In old Scots law. An asylum given to murder- 
 ers, where the murder was committed without any previous design, 
 an^ in heat of passion. 
 
 Giser, gyser, I fr. In old English law. To lie ; to be competent Giser 
 a meason; to lie or lodge at a house. Giser en langour: to lie sick. 
 Gisaunte au founs: lying at the bottom. 
 
 Give. V. Color; Gift; Dare; Dedi; Do. 
 
 Gladius, I. A sword ; an ancient emblem of defense ; the emblem of 
 the executory power of the law in punishing crimes. 
 
 Glanville. The author of the most ancient treatise on English law, 
 written in Latin, about 1181, under the tjtle of Tractatus de Legibus 
 et Consuetudinibus Anglice: A Treatise of the Laws and Customs of 
 England. 
 
 Gleba, I. In old English law. Church land ; land to which the advow- 
 son of a church is annexed. 
 In the civil law. A turf, sod or clod of earth ; the soil or ground ; 
 cultivated land in general. 
 
 Glebe, glebeland. Church land ; land belonging to a parish church. 
 
 Glossa, LI A gloss ; an explanation or interpretation. Glossa Tiper- 
 ina est quae corrodit viscera textus: that is a viperous gloss 
 which eats out the bowels of the text. 
 
 Gloucester, statute of. An English statute, passed in the sixth year of 
 the reign of Edward L It is in fifteen chapters, in law French, and 
 is commented on by Coke in 'his second Institute. It was the first 
 statute that gave costs in actions. 
 
 Go. To be dismissed from court, as to go without day ; to issue from 
 court, as a process ; to rest or proceed, as a decision. 
 
 Godbote, sax. In old English law. A fine, or amercement anciently 
 imposed for offenses against religion; an ecclesiastical or church 
 fine. 
 
 Godgild, godgeld, sax. In Saxon law. That which is paid or offered 
 to God, or his service. 
 
 God's penny. In old English law. Earnest money. 
 
 Goldsmiths' notes. In English law. Bankers' notes, — originally so 
 called, because the bankers of London were goldsmiths also. 
 
 Good. Valid ; sufficient in law ; effectual ; unobjectionable ; responsible ; 
 solvent; able to pay an amount specified; of a value corresponding 
 with its terms ; collectible. Good character: good general reputa- 
 tion for one, several or all of those qualities of mind or morals im- 
 pressed on a person by nature or habit, and distinguishing him from 
 other persons; as, reputation for chastity, varacity, peaceableness, 
 etc. Good consideration: a consideration of blood, or of natural 
 love and affection. Good will: the custom of any trade or business ; 
 
346 GOOD — GRAND. 
 
 the benefit or advantage attending a particular business, in conse- 
 quence of the patronage it receives from habitual customers. 
 In old, English law. Good abearing: the exact carriage or behavior 
 of a subject to the king and his liege people, to which men were 
 sometimes anciently bound, upon their evil course of life or loose 
 demeanor. Good man: a good and lawful man ; a term applied, in 
 old English and feudal law, to persons of unexceptionable character, 
 and especially such as were qualified to act as jurors or witnesses in 
 courts. 
 In Scots law. Good country: good men of the country, — a name 
 given to a jury. 
 
 6oods. A term of large meaning, applied to things movable ; strictly, 
 inanimate movables. The word is elastic, however, and in a will 
 may mean any kind of personal pi'operty. Goods and chattels: per- 
 sonal property, including not only personal property in possession, 
 but also choses in action, and all animate as well as inanimate prop- 
 erty, emblements and other vegetable productions, and leases for 
 years of houses or lands. Goods and merchandise: any personal 
 property. 
 
 Oors, gorse, gorce, gort, gnort, l.fr. In old English law. A wear; 
 a pool or confined place in a river, to take or keep fish in. 
 
 Grace, I. fr. and eng. Favor or indulgence, as distinguished from right 
 V. Days of grace. 
 
 Gradatiin, I. In old English law. By degrees or steps ; step by step ; 
 from one degree to another. 
 
 Gradus, I. In old English law. Degree ; rank ; grada 
 In civil and canon law. A degree in relationship. 
 
 Graifarius, grapharius, 1 1 In old English law. A graffer, notary or 
 scrivener. 
 
 Graflum, gratfinm, I. I In old English law. A writing book or regis-" 
 ter ; a cartulary of deeds and evidences. 
 
 Grain. The twenty-fourth (anciently the thirty-second) part of a penny- 
 weight, or weight of an English penny. 
 
 Granatarius, 1. 1 In old English law. An o£5cer having charge of a 
 granary. 
 
 Grand, I. fr. and eng. Great ; large ; high. Contrasted generally with 
 petty, and denoting superiority in magnitude, number, quality, 
 dignity, importance,- etc Grand bill of sale: the instrument 
 whereby a ship is transferred from the builder to the owner, or first 
 purchaser. Grand coutuniier: a collection of the customs, usages 
 and forms of practice which had been in use in France from time 
 immemorial, projected by Charles VIL in 1453, and completed in 
 1609 ; — de Normandie: a collection of the laws and ducal customs 
 of Normandy, composed about 1329, in the reign of Henry II. of 
 England. Grand jury: a jury of inquiry, summoned at courts of 
 
GRAND — GRANTOR. 847 
 
 sessions and oyer and terminer, whose duty it is to receive and hear 
 complaints or accusations in criminal cases, and if they find them 
 sustained by evidence, to find bills of indictment against the persons 
 complained of. Grand larceny: a stealing of property above a 
 certain value, the sum being variously fixed by statute. 
 In English law. Grand days: certain days in the term which are 
 solemnly kept in the inns of court and chancery, viz. Candlemas 
 day in Hilary Term, Ascension day in Easter, St John the Baptist's 
 day in Trinity, and All Saints in Michaelmas, which are dies non 
 juridici. Grand distress: a process which formerly issued where a 
 tenant or defendant, after being attached, and so returned, neglected 
 to appear, its object being to compel an appearance by distraining 
 goods and profits of lands. Grand serjeanty: a species of tenure 
 in capite, whereby the tenant was bound, instead of serving the 
 king generally in his wars, to do some special honorary service to 
 the king in person. 
 In old English law. Grand assize: a special or extraordinary kind of 
 jury, introduced by Henry II. for the trial of writs of right, the 
 tenant or defendant being allowed the choice of this mode of trial 
 instead of that by battel, which previously was the only method in 
 use. It consisted of sixteen knights. Grand cape: a judicial writ 
 in the old real actions, which issued for the demandant, to compel 
 an appearance, where the tenant, after being duly summoned, 
 neglected to appear on the return of the writ, or to cast an essoin, 
 or, in case of an essoin being cast, neglected to appear on the ad- 
 journment day of the essoin ; — ad valeutiam: a species of grand 
 cape which issued against a vouchee, or person vouched to warranty 
 in a real action. 
 
 Grange, I. fr. and eng., Grangea, grangia, I. I A building where corn 
 or grain is kept and stored ; a barn or granary ; other outbuildings 
 necessary for husbandry, as stables for horses, stalls for oxen, and 
 other animals. 
 
 Grangiarius, grangerus, I. I. In old English law. A granger, or 
 grange-keeper. 
 
 Grant. An operative word of conveyance, particularly appropriate to 
 deeds of grant, properly so called, but used in other conveyances 
 also, such as deeds of bargain and sale, and leases. 
 
 Grant. In the moat general sense, the passing of a thing from one per- 
 son to another, whether by feoffment, bargain and sale, gift or lease ; 
 in a stricter sense, a species of common-law conveyance, appropriate 
 to the transfer of incorporeal hereditaments, and of estates in ex- 
 pectancy, of which no livery can be made. The word is still used 
 in the United States in general in the strict sense, though otherwise 
 in some states. 
 
 Grantee. The person to whom a grant is mada 
 
 Grantor. The person by whom a grant is mada 
 
348 GRANUM — GRITHSTOLE. 
 
 (irrannm cresceus, I. Growing grain. 
 
 tirassnm. v. Gressume. 
 
 Gratis, I. In old English law. Freely; gratuitously; without fea 
 Gratis dictum: a voluntary assertion ; a statement which a party 
 is not legally bound to make, or in which he is not held to precise 
 accuracy. 
 
 Graund, graunde, 2. /n Great; high. Graund treson: great or high 
 treason. 
 
 Grannt, graunte, I. fr. Great. Grannt duresce: great hardship. 
 
 Gratuitous. Without valuable or legal consideration. 
 In old English law. Voluntary ; without force, fear or favor. 
 
 Gravamen, I. I. In old English law. Injury ; oppi-ession ; a grievance, 
 or thing complained of ; the essence of a complaint. 
 
 Gravare, I. In old English law. To grieve or aggrieve ; to injure or 
 oppress. Gravati: aggrieved. 
 
 Gravis, I. Grievous; great 
 
 Great council. In' English la%v. An assembly of the wise men of the 
 nation, which succeeded the Witenagemote of Anglo-Saxon times, 
 and was the original of parliament. Great seal: the emblem of 
 royal authority, intrusted to the chancellor or lord keeper. Great 
 titiies: tithes of corn, peas and beans, hay and wood. 
 
 Gree, gre, I. fr. Satisfaction ; contentment ; agreement ; will ; consent. 
 
 Green cloth. In English law. A board or court of justice held in the 
 counting-house of the king's household, and composed of the lord 
 steward and inferior ofiBcei-s. It takes its name from the green cloth 
 which covers the board at which it is held. 
 
 In old English law. Green wax: the estreats of issues, fines and 
 amerciaments in the exchequer, delivered to the sheriffs under seal 
 made in green wax, to be levied by them in their several counties. 
 
 Gregorian code. The code or collection of constitutions made by the 
 Roman jurist Gregorius. 
 
 Greinder, I. fr. Greater. Greinder ou meinder: greater or less. 
 
 Gremium, I. Bosom, v. In gremio, etc. 
 
 Gressume, gressum. In English law. A customary fine due from a 
 copyhold tenant on the death of the lord. 
 
 Greve, gereve, sax. The contracted form of gerefa or grefa, used in 
 the time of Edward the Confessor, to denote a chief magistrate or 
 lord. 
 
 Greve, greeve, gref, I. fr. Grievous ; severe. 
 
 Grcvement, I. fr. Grievously ; heavily, or severely. 
 
 Grithbrech, sax. In Saxon and old English law. A breach or viola- 
 tion of the peace. 
 
 Grithstole, sax. In Saxon law. A seat, chair, or place of peace ; a 
 sanctuary; a stone within a church gate, to which an offender 
 might ilee. 
 
GEOS — GUARDIAN. 349 
 
 Gros, grosse, I. fr. Great ; large ; substantial ; material substance ; the 
 whole of a thing. Gros bois, or grosse boys: great or large wood. 
 GroEse ayantare: the contract of bottoniiy. Grosses dismes: great 
 tithes. 
 
 Gross. Great or large ; whole or entire ; absolute or independent ; the 
 opposite of appendant; in large quantities. Gross arerage: that 
 kind of avex'age which falls upon the giross amount of ship, cargo 
 and freight Gross negligence: the want of slight care or dili- 
 gence ; the want of that care which every man of common sense, 
 how inattentive soever, takes in his own affairs. ' 
 
 Grosseraent, I. fr. Largely, greatly. Grosseinent enseint: big with 
 child. 
 
 Grossorae. In old English law. A fine, or sum of money paid for a 
 lease. 
 
 Grossus, I. I. In old English law. Large ; important ; extreme ; in 
 large quantities. Grossus piscis: large or great fish. Grossas 
 qaercas; large oaks. Grossi arbores: great trees or wood. 
 
 Ground rent. Rent paid for the privilege of building on another's land ; 
 in some states, a fee farm rent. 
 In Scots law. A ground rent payable out of the ground before the 
 tenement in a burgh is built. 
 
 Guarantor. A person who undertakes to guaranty. 
 
 Guaranty. To become responsible for the payment of money or the 
 performance of a duty by another person, who is primarily and 
 properly liable. 
 
 Guaranty, guarantee. A promise to answer for the payment of some 
 debt, or the performance of some duty, in case of the failure of 
 another person, who is liable in the fii-st instance. 
 
 Gnardia, wardia, warda, I. I Ward; custody; safe keeping; pro- 
 tection. 
 
 Guardian, gardian, gardeyne. A keeper or protector ; one who has 
 the charge or custody of any person or thing ; in a stricter sense, one 
 who has or is entitled to the custody of the person or property of an 
 infant. Guardian ad litem: a guardian appointed by a court of 
 justice to prosecute or defend for an infant, in any suit to which he 
 may be a party. Guardian by appointment of the court of 
 cliancery: the most important species of guardian in modern law, 
 having custody of the infant until the attainment of full age. 
 Guardian by nature: the father, and, on his death, the mother of a 
 child. Guardian by statute: a guardian appointed for a child by 
 the deed or last will of the father, and who has the custody both of 
 his person and estate until the attainment of full age. Guardian 
 for nurture: the father, or, at his decease, the mother of a child. 
 Guardian in socage: a species of guardian who has the custody of 
 the infant's lands as well as of his person, until the age of fourteen. 
 It springs out of tenure, and applies only to lands which the infant 
 
360 GUARDIAN — HABEAS. 
 
 acquires by descent Gnardian of the peace: v. Conservator of the 
 peace. 
 In English late. Gnardian de I'eglise: a churchwarden. Gnard- 
 ian of tlie Cinqne Ports: v. Warden of the Cinque Ports. Gnardian 
 of the poor: an ofiScer appointed to act in lieu of an overseer. 
 Gnardian of the spiritnalties: the person to whom the spiritual 
 jurisdiction of a diocese is committed, during the vacancy of the 
 see. Gnardian of the temporalties: the person to whose custody 
 a vacant see or abbey was committed by the king, who, as steward 
 of the goods and profits, was to give an account to the esoheator, and 
 he into the exchequer. 
 
 Unardiaons, II A guardian, keeper, or warden. Gnardianns pri- 
 sons de le Fleet: warden of the Fleet 
 
 Gnarentisare, garentizare, I. I To warrant 
 
 Gnerpi, gnerpy, I. fr. Abandoned ; deserted. 
 
 Gnerra, gnarra, gwerra, werTa, /. L In old English law. War, either 
 public or private. 
 
 Gnest. A ti'aveller or wayfarer, who takes temporary lodgings or seeks 
 temporary refreshment, either food or drink, at an inn. Gnest taker 
 or gist taker: an agister. 
 
 Guild. A company or corporation. Gnildhall: the hall or place of 
 meeting of a guild, or gild, or a municipal corporation. 
 
 Gnrges, L In old English law. A gulf, or deep pit of water. 
 
 Gnst, gest, sax. In old English law, A guest ; a person who lodged 
 a second night with another, so called among the ancien t Saxons. 
 
 Gwahr merched, brit. Maid's fee ; a payment or fine made to the lords 
 of some manors in England, upon the marriage of their tenant's 
 , daughters, or otherwise on their committing incontinency. 
 
 Gwalstow, sax. In old English law. A place of execution. 
 
 Gyltwite, sax. In Saxon law. A fine, compensation or amends for a 
 trespass or fraud. 
 
 Habeas corpus, I. L That you have the body. In a general sense, any 
 writ having for its object to bring a person before a court or judge, 
 as, for instance, a common capias; but more particularly any one 
 of the special writs named below which issue to inquire into the 
 cause of an imprisonment or other detention and so to procure the 
 person's liberation. Habeas corpus ad subjiciendnm: that you 
 have the body, to submit to ; a writ directed to a person detaining 
 another, and commanding him to produce the body of the person 
 detained, with the day and cause of his caption and detention, to 
 submit to whatever the judge or court awarding the writ shall con- 
 sider in that behalf. Habeas corpns ad testificandum: that you 
 have the* body, to testify ; a writ to bring into court a witness in 
 custody at the time of a trial, commanding the sheriff to have him 
 before the court to testify in the cause. 
 
HABEAS — HABERE. 351 
 
 In English law. Habeas corpns act: the statute of 31 Charles IL, 
 c. 8, providing the great remedy for the violation of personal lib- 
 erty, by the writ of habeas corpus ad subjiciendum. Habeas corpus 
 ad faciendum et recipiendum: that you have the body, to do and 
 receive ; a writ which issues out of any of the courts of Westmin- 
 ster Hall, when a person sued in an inferior jurisdiction desires to 
 remove the action into the superior court, commanding the inferior 
 judges to produce the body of the defendant, with the day and cause 
 of his caption and detainer. Habeas corpus ad respondendum: 
 that you have the body, to answer ; a writ which issues where one 
 has a cause of action against one who is confined by the process of 
 some inferior court, to remove the prisoner, and charge him with 
 the new action in the court above. Habeas corpus ad prose- 
 quendum: that you have the body, to prosecute; a writ which 
 issues when it is necessary to remove a prisoner for trial in the proper 
 jurisdiction. Habeas corpus ad satisfaciendum: that you have 
 the body, to satisfy ; a writ which issues when a prisoner has had 
 judgment against him, and the plaintiff wishes to bring him up to 
 some superior court, to charge him in execution. Habeas corpus 
 cnm causa: that you have the body, with the cause ; another name 
 for the writ of habeas corpus ad faciendum et recipiendum. Habeas 
 corpora juratoriim: that you have the bodies of the jurors, a 
 compulsive process awarded against jurors in the Common Pleas, 
 commanding the sheriff to have their bodies before the court on the 
 day appointed. It corresponds with the distringas Juratores, issued 
 in the Queen's Bench. 
 
 Habemus optimum testem confltentem reum, I. We have the best 
 witness — a confessing defendant 
 
 Habendum, LI To have; to be held. One of the formal parts of a 
 deed, following immediately after the premises; so called from the 
 word habendum, with which it commenced, and literally translated 
 in nlbdern deeds, in the clause beginning with the words " to have 
 and to hold." Its original object was to determine the interest 
 granted, or to lessen, enlarge, explain or qualify the premises. In 
 modem deeds, the premises usually contain the specification of the 
 estate granted, so that the habendum is in most cases a mere 
 form ; but if no estate is mentioned in the pi-emises, the habendum 
 still performs its ancient offica Habendum et tenendum: to have 
 and to hold. 
 
 Sabentes homines, L In old English law. Having men ; rich men. 
 The same with fcesting-men, q. v. 
 
 Habere, I To hava Habere facias possessionem: cause you to have 
 possession ; a writ that issues for a successful plaintiff in ejectment^ 
 to put him in possession. Habere facias seisinam: cause you to 
 have seisin, a writ of execution for giving seisin of a freehold. 
 
352 HABERE — H^REDIPETA. 
 
 In old English law. Habere ad rectum: to have one [forthcoming] to 
 [answer] an accusation. Habere facias visum: cause you to have 
 view ; a writ that lay in various cases, as in dower, formedon, eta, 
 where a view was to be taken of lands in question. Habeant anxil- 
 ium: let them have aid. Habeat etatem: let him have his age. 
 In the civil law. To have. Habere cont.ractum: to have a contract; 
 to contract Habere in i)roc!ncta: to have in readiness. Habere 
 venale: to sell. Habetur, quod peti potest: that is had, which can 
 be demanded.' 
 
 Habeto tibi res tuas, I. In, the Roman law. Have, or take your effects 
 to yourself. One of the old Roman forms of divorcing a wifa 
 
 Habilis, I. Able; fit; suitable; sound; merchantabla Habiles ad 
 matrimonium: constitutionally fit for matrimony. 
 
 Habit and repute. In Scots law. Held and reputed. 
 
 Habitant, /n In French and Canadian law. A resident tenant; a 
 settler. 
 
 Habitare, I. To inhabit ; to dwell or reside. 
 
 Habitatio, I. A habitation, or dwelling. 
 In the civil law. The right of dwelling; the right of free residence in 
 another's house. 
 
 Habitation. A dwelling-house or home. 
 
 Habitus, I. In old English law. Habit ; apparel ; dress or garb. Ha- 
 bitus et tonsura clericalis: the clerical habit and tonsure. Habi- 
 tus religrionis: the habit of religion. 
 
 Hadbote. In Saxon law. A recompense or satisfaction for the viola- 
 tion of holy orders, or violence offered to persons in holy orders. 
 
 H%c, I. This ; these. Hsec est conventio: this is an agreement ; words 
 with which agreements anciently commenced. Haec est iiualis 
 Concordia: this is the final agreement ; words at the beginning of 
 the foot of a fine. Hsec sunt instituta quse Edgardus rex cousiUo 
 sapientum suorum iustitutit: these are the establishments which 
 King Edgar, with the advice of his wise men, establishe'd. Hsec 
 sunt judicia quae sapientes consilio regis Etiielstani institue- 
 rnnt: these are the judgments which the wise men, with the advice 
 of King Athelstan, established. 
 
 Usereda. In Gothic law. A tribunal answering to the English court leet. 
 
 Hseredes, Iieredes, I. Heirs, v. HcN'es. 
 In the civil law. Hseredes extranei: strange or foreign heirs; heirs 
 not subject to the power of the testator. Hseredes necessarii: 
 necessary heirs ; a term applied to the slaves of a testator. Hseredes 
 sni et necessarii: one's own (or proper) and necessary heirs. A 
 term applied to the sons, daughters, grandsons or grand-daughters 
 by a son or other direct descendants of a party deceased. 
 
 Hseredipeta, I. In old English law. - An inheritance seeker ; a person 
 who bought the good will of another in order to be made his heir ; 
 the next heir to lands. 
 
H^REDITAMENTUM — H^RES. 353 
 
 Hsereditamentnm, I. I. In old English law. A hereditament. 
 
 Utereditas, hereditas, I. In old English law. An inheritance ; an es- 
 tate by descent or succession ; inheritance ; hereditary succession. 
 Hsereditas ab intestato: succession from an intestate. Hsereditas 
 alia corporalis, alia incorporalis: one kind of inheritance is cor- 
 poreal, anotlier incorporeal. Hscreditas jacens: a fallen or pros- 
 trate inheritance ; the inheritance of a person deceased, while it lay 
 unacquired by the heirs ; an inheritance before it was entered upon 
 by the heir ; an inheritance in abeyance or expectation, lying wait- 
 ing, as it were, for the heir to take it up ; an inheritance or estate 
 left without a legal owner. Hereditas nihil aliad est quam suc- 
 cessio in nnlTersum jus quod defunctus habuit [habuerit]: in- 
 heritance is nothing else than succession to the whole right which 
 the deceased had. 
 In the civil law. Hajredltas damnosa: v. Damnosa heereditas. 
 Hsereditas luctnosa: a sad or mournful inheritance, or succession ; 
 as, of a parent to the estate of a child, which was regarded as dis- 
 turbing the natui-al order of mortality. 
 In feudal law. Hereditas nunquam ascendit: an inheritance never 
 ascends ; a maxim which prevailed in the law bf England until 
 abrogated by the statute 3 and 4 "Will. IV., c. 106. 
 
 HiErere, I. To adhere ; to be close to ; to stop ; to hesitate ; to stick ; to 
 be in doubt v. Qui hceret, etc. 
 
 Haeres, heres, pi. baeredes, I. In old English law. An heir ; a per- 
 son who takes an estate of inheritance by the act of God and right 
 of blood. Haeredem Deus facit, non homo: God makes the heir, 
 not man. Hseres astrarlus: an heir in actual possession. Haeres 
 de facto: heir from fact ; an heir, i. e. from the deed or act of the 
 ancestor, without, or against right HsBres est alter ipse, et Alius 
 est pars patris: an heir is another self, and a son is part of the 
 ' father. Hseresest ant jure proprietatis ant jure representatioiiis: 
 an heir is either by right of property, or right of representation. 
 Haeres est eadem persona cum antecessore: an heir is the same 
 person with his ancestor. Haeres est nomen coUectivum: heir is a 
 collective name or noun. Hajres est nomen juris; Alius est nomcn 
 naturae: heir is a name or term of law ; son is a naine of nature. 
 Haeres est pars antecessoris: an heir is a part of the ancestor. 
 Haeres haeredis mei est meus haeres: the heir of my heir is my 
 heir. Haeres legitimus: a lawful heir; — est quem nnptia de- 
 monstrant: he is a lawful heir whom marriage points out as such ; 
 who is born in wedlock. 
 In old English law. Haeres rectus: a right heir. 
 In the civil law. An heir ; one who succeeds to the whole right or 
 estate of a testator. Heredis appellatio non solum ad proximum 
 heredem, sed et ad ulteriores refertur; nam et heredis heres, et 
 deinceps, heredis appellatioue continetnr: the appellation of heir 
 23 
 
354 H^EES — HALFKINEG. 
 
 belongs not only to the next heir, but to more remote persons also; 
 for the hen- of an hen-, and so on in succession, is included in the 
 term heir. Hseres ex asse: an heir to the whole estate ; a sole heir. 
 Hseres extranens: a strange or foreign heir ; one who was not sub- 
 ject to the power of the testator, or person who made him heir. 
 Haeres factns: an heir made by will ; a testamentary heir ; a person 
 created universal successor by will. Haires fldeicommissarius: the 
 person for whose benefit an estate was given to another by will. 
 Hseres flduciarins: a fiduciary heir, or heir in trusty a person con- 
 stituted heir to an estate by will, in trust for the benefit of another 
 who was called yWei commissaries. Haercs natns: an heir born; a 
 person born heir, as distinguished from one made heir. Haeres 
 necessarius: a necessary heir; a slave made an heir, so called, 
 because, on the death of the testator, he became instantly free and 
 a necessary heir. Hseres suus: a proper heir ; literally, one's own 
 heir. 
 
 Hseretare, I. L In old English law. To give a right of inheritance, or 
 make a donation hereditary to the grantee and his heirs. 
 
 Hafne courts. In old English law. Haven courts; courts anciently 
 held in certain ports. 
 
 Haga, I. I. In old English law. A house ; a house in a city or borough : 
 a hedge ; a military enclosure. 
 
 Haia, haya, I. l, Haie, haye, I fr. In old English law. A hedge or en- 
 closure. \ 
 
 Haiebote, fr. and sax. In old English law. A permission or liberty 
 to take thorns, etc., to make or repair hedges. 
 
 Haill, sc. In Scots law. Whole ; the whole. 
 
 Haimsncken, sc. In Scots law. The crime of beating or assaulting a 
 person in his own house. 
 
 Haimhald, sc. In Scots law. That which grows at homa 
 
 Haimhaldare, I. I In old Scots law. To seek restitution of one's own 
 goods and gear, and bring the same home again. ^^ 
 
 Half blood. The blood of one parent only ; blood on the father's or 
 mother's side only. Half defense: the technical name of the ab- 
 breviated common clause at the commencement of a plea, by 
 which it is stated that the defendant comes and defends, etc. Half 
 year: the period of one hundred and eighty-two days, — the odd 
 hours being rejected. 
 In English law. Half seal: a seal «sed in chancery, for the sealing 
 of commissions to delegates appointed on appeal in ecclesiastical or 
 maritime causes. Half tongue: a term anciently applied to a jury, 
 one-half of which consisted of natives, and the other half of aliens. 
 In the civil law. Half proof: proof by one witness, or a private in- 
 strument 
 
 Halfkineg, healfkoning',saa;. In Saxon law. Half-king,— a title given 
 to the alderman of all England. 
 
HALIGEMOT — HANDBOROW. 355 
 
 Haligemot, halimote, Iialmot, sax. In Saxon law. The meeting of a 
 hall, that is, a lord's court ; a court of a manor, or Court baron. 
 
 Halimot, halimote, halmot, lialmote, sax. In old English law. A 
 meeting of citizens in their public hall ; a folcmot. 
 
 Hall, halla, LI. In old English law. A chief mansion-house or habita- 
 tion. 
 
 Hallagre. In old English law. A toll due for goods or merchandise 
 vended in a hall ; a toll due to the lord of a fair or market, for com- 
 modities vended in the common hall of the place. 
 
 Halmetus, 1. 1. A halmote, or halimot. Properly halimotus. 
 
 Halymote, Iiallmot, haligemot, sax. In old English law. A holy or 
 ecclesiastical court ; otherwise called circgemot, and chirgemot. 
 
 Halywercfolk, sax. In old English law. People who held land for the 
 service of repairing or defending a church or sepulchre. 
 
 Ham, sax. In Saxon and old English law. A house or dwelling ; a 
 home ; a collection of houses ; a village or town ; a piece of land ; 
 a home close, or little meadow. 
 
 Hamesecken, hamesucken, haimsuckeu. In Scots law. A violent en- 
 tering into a house without license or against the peace, and the 
 seeking and assaulting of the householder there ; housebreaking or 
 burglary. 
 
 Hamfare, sax. In Saxon law. An assault made in a house ; a breach 
 of the peace in a private house. 
 
 Hamlet, hamel, hampsel, sax., Hambelettam, hamleta, hamletta, 
 liamelettus, hamlettus, 1. 1., Hamel, hamele, hamelle, I. fr. In old 
 English law. A little village, or vill ; a part or member of a vill, or 
 town ; a part less than half ; an appendage to a town. 
 
 Hamma, iiama, 1.1 A home close; a small croft; a little meadow, or 
 ham ; a narrow edge of meadow or grass, in a common field. 
 
 Hamsocne, hamsokne, hamsockne, hamsoken, hamsockene, homeso- 
 ken, sax., Hamsoca, I. I. In Saxon law. The privilege or liberty 
 of a man's own house ; a breach of such privilege by a violent entry ; 
 a fine for such entry ; an immunity from such fine. 
 
 Hanaper, hanper, hamper. In old English law. A bag or basket of 
 larger size, in which the fees arising from the sealing of writs, char- 
 ters, etc., in chanceiy were anciently kept. Hanaper ollice: an 
 oflice on the common-law side of the court of chancery, in which 
 the writs relating to the business of the subject, and the returns to 
 them, were kept 
 
 Hand. In old English law. An oath ; so called from the use of the 
 hand in making it ; one who made oath, especially one who swore 
 for another ; a compurgator. 
 
 Hand habend, hand habhend, hand habbinde, sax. In Saxon law. A 
 thief caught with the thing stolen in his hand, or possession. 
 
 Handborow. In Saxon law. A hand pledge; a name given to the 
 nine pledges in a decennary. 
 
356 HANDGEITH — HAUT. 
 
 Haudgrith, hangrith, sax. In Saxon and old English law. Peace or 
 
 protection given by the king with his own hand. 
 Handsale. In Oothie law. A sale made or confirmed by striking 
 
 hands ; the price or earnest given immediately after or instead of 
 
 striking bands. 
 Hang. To remain undetermined. 
 Hanging. Pending ; during the pendency. 
 Hangwite, hangwit, sax. In Saxon law. A fine for hanging a thief 
 
 without trial, or for his escape ; an immunity or acquittance from 
 
 such fine. 
 Hause, goth., Hansa, I. I A society of merchants, formed for the good 
 
 usage and safe passage of merchandise from kingdom to kingdom ; 
 
 a commercial confederacy. Hanse towns: cities in Germany, which 
 
 associated for the protection of commerce towards the close of the 
 
 twelfth century, chief of which were Lubec, Hambui'g, and Bremen. 
 
 The league was called the Hanseatic League. 
 Hap, Happer, I. fr. To catch or snatch ; to get, gain or obtain ; to get 
 
 by chance. 
 Harbor. To shelter or secrete ; to receive and secrete a person, espe- 
 cially a fugitive ; to receive and secrete illegally, or in opposition to 
 
 the claim of another. 
 Harbour. A shelter or safe station for vessels ; a haven or port 
 Hard labor. As used in sentencing convicted persons, ordinary industry 
 
 at some mechanical trade. 
 Haro, harrou, fr. In Norman and early English law. An outcry, or 
 
 hue and cry after felons and malefactors. 
 Hartli penny, hearth penny. In old English law. A tax or tribute 
 
 of a penny, imposed on every hearth or house. 
 Hasp and staple. In old Scots law. The form of entering an heir in 
 
 a subject situated within a royal borough, which was by the heh-'s 
 
 taking hold of the hasp and staple of the door, the symbol of pos- 
 session, with other formalities. 
 Haspa, I. I. In old English law. The hasp of a door ; by which the 
 
 livery of seisin might be made, where there was a house on the 
 
 premises. 
 Hasta, I. In the civil law. A spear ; the badge of a sale by auction. 
 
 Hast% snbjicere: to put under the spear ; to put up at auction. 
 In feudal law. A spear ; the symbol used in making investiture of a 
 
 fief. 
 Hat money. An allowance formerly made to the master of a vessel, for 
 
 the purchase of winter clothing. 
 Hanstus, I. In the civil law. Drawing ; the drawing of water ; the 
 
 right of drawing water. 
 Haut, haute, halt, hault,Z./r. In old English law. High. Hautchemiu: 
 
 highway. Hant estret: high street Hant justicier: v. Highjus- 
 
 ticier. Haute justice: high justice, Haut et bas: high and low. 
 
HAVE — HEINFAR. 357 
 
 Hare. To possess corporally. Have and to hold: a common phrase in 
 conveyancing, derived from the habendum et tenendum of the com- 
 mon law. 
 
 Haven. A large place for the safe riding of ships. 
 
 Haw. In old English law. A house; a small quantity of land lying 
 near a house. 
 
 Hawgh, howgli. In old English law. A valley ; a green plot in a vale. 
 
 Hawker. A person who carries goods about from place to place for sale. 
 
 Hay, Haya, 1. 1. In old English law. A hedge ; a piece of ground en- 
 closed with a hedge ; an enclosure in a forest or park. 
 
 Haybote, heybote. Hedgebote ; an allowance of wood to a tenant for 
 repairing his hedges or fences. 
 
 Hayward, haward, heyward. In English law. An officer who keeps 
 the common herd or cattle of a town. 
 
 Hayware, I. I. In old English law. To make a hedga 
 
 Head. The upper part ; the beginning or source. 
 
 Headborow, headborongh. In Saxon law. A chief pledge ; the head 
 or principal man of a decennary. 
 
 Headland. A slip of unploughed land left at the head or end of a 
 ploughed field. 
 
 Healsfang, halsfang, healfang, sax. In Saxon law. The pillory ; a fine 
 paid as a commutation for punishment by the pillory. 
 
 Health. Freedom from sickness or suffering, a right to the enjoy- 
 ment of which is one of the absolute rights of persons. 
 
 Heaped measure. The measure in which the commodities measured are 
 heaped above the top of the vessel containing them. 
 
 Hearing. That stage of proceeding in a cause in equity which con- 
 sists in th6 hearing of the arguments of counsel and which corre- 
 sponds to the trial of a cause at law. 
 
 Hearsay evidence. Evidence of what others have been heard to say ; 
 testimony from the relation of third pei-sons. 
 
 Hearth money. In English law. A tax of two shillings upon every 
 hearth, granted by statutes 13 and 14 Car. IL, c. 10, and abolished by 
 statute 1 W. & M., st. 1, c. 10. Hearth silver: a species of modus 
 or composition for tithes. 
 
 Hebberthef. In Saxon law. The privilege of having the goods of a 
 thief and the trial within a certain liberty. 
 
 Heda, I. I In old English law. A port or haven ; a wharf or landing 
 place. 
 
 Hedaginm, I. I. In old English law. A toll or custom paid at a wharf 
 for landing goods. 
 
 Hedge-bote. An allowance to a tenant of wood for repairing hedges 
 or fences. 
 
 Heinfar, heinfare, hainfar, hamfare, sax. In Saxon law. The flight, 
 escape or loss of a servant ; a fine paid for killing a man ; the right 
 of taking cognizance of such an offense. 
 
358 HEIR — HERALD. 
 
 Heir, Heier, sax. One who, on the death of another, succeeds to his 
 estate by descent, i. e. by right of blood and operation of law. Heir 
 apparent: an heir whose right of inheritance is indefeasible, pro- 
 vided he outlives the ancestor. Heir presumptive: the person who 
 would inherit if the ancestor should die immediately, but whose 
 right may be defeated by the birth of a nearer heir. Heir at 
 law or heir general: one who, after his ancestor's death, has a 
 right to all his lands, tenements and hereditaments. Heir by devise: 
 one to whom lands are devised. 
 In English law. Heir special: the issue in tail, who claims by the 
 forn^ of the gift Heir by custom: one whose right of inheritance 
 depends on a particular and local custom. 
 In Scots law. The person who succeeds to the heritage, or heritable 
 rights of a deceased person. Heir at law: one to whom the law 
 gives the inheritance, on account of his proximity of blood. Heir 
 general: an heir who generally represents the deceased, and suc- 
 ceeds to everything not specially provided to other heirs. Heir in- 
 stitute: one to whom the right of succession is ascertained by dis- 
 position, or express deed of the deceased. Heir male: an heir in- 
 stitute, who, though not next in blood to the deceased, is his nearest 
 male relation that can succeed to him, Heir of conquest: one who 
 succeeds to the deceased in conquest, i. e. lands or other heritable 
 rights to which the deceased neither did nor could succeed as heir to 
 his predecessor. Heir of line: one who succeeds lineally by right 
 of blood. Heir of provision: one who succeeds as heir, by virtue 
 of a particular provision in a deed or instrument Heir of tailzie: 
 he on whom an estate is settled, that would not have fallen to him 
 by legal succession. Heir substitute, in a bond: he to whom a 
 bond is payable expressly in case of the creditor's decease, or after 
 his death. 
 
 Heir-loom, heir-lome. In English law. A personal chattel which goes 
 by special custom to the heir, with the inheritance, as articles of 
 household furniture, or, according to Coke, fish in a pond, deer in a 
 park, and doves in a dove-housa 
 
 Heirship movables. In Scots law. Movables which the law withholds 
 from the executors or nearest of kin, and gives to the heir. 
 
 Henghen. In old English law. A prison ; a house of correction. 
 
 Hengwyte, sax. In old English law. An acquittance from a fine for 
 hanging a, thief. 
 
 Herald. In English law. An officer at arms whose duties relate to the 
 management of public pageants and solemnities, and the preserva- 
 tion of genealogies and coat armour. Heralds' college: a royal 
 corporation founded 1 Rich. III., consisting of three kings of arms, 
 six heralds and four pursuivants, together with the earl marshal of 
 England and a secretary, and empowered to preserve pedigrees, 
 grant arms, etc 
 
HERBA — HERIOT. 359 
 
 Herba, I. In old English law. A plant ; a weed. Herba exotica: tea. 
 Herbse dainpnosse: noxious weeds. 
 
 Herbarium, I. l, Herbage. In old English law. The produce or vesture 
 Of land which is fed upon by cattle ; the right of feeding cattle upon 
 the same ; the right of pasturage. Herbarium anterius: the first 
 crop of grass or hay, in opposition to aftermath, or second cutting. 
 
 Herbergare, herbigare, I. l, Herberger, /. fr. In old English law. To 
 harbor ; to entertain, Herbergatus: entertained ; spent at an inn. 
 
 Herbergagiuin, I I. In old English law. A lodging for guests. 
 
 Herciscere, erciscere, I. I. To divide or partition. 
 
 Herciscunda, erciscnnda, I In the civil law. To be divided. 
 
 Herdewicli, lierdewic, hardewice. In old English law. A grange, or 
 place for cattle and husbandry ; a herdsman's village. 
 
 Hereditament. Anything that may be inherited, whether a thing cor- 
 poreal or incorporeal, real, personal or mixed. Corporeal heredita- 
 ments are such as are tangible, visible and as may pass by livery of 
 seisin ; incorporeal hereditaments are such as are not capable of 
 manual delivery or feoffment, but lie only in grant 
 
 Hereditas. v. Hcereditas. 
 
 Heregeat, sax. In old English law. A heriot. 
 
 Heregeld, sax. In old English law. A tribute or tax levied for the 
 maintenance of an army. 
 
 Hereotum, heriotum, hariotnm, heriettum, 1. 1. In old English law. 
 A heriot, or hereot 
 
 Heres. v. Hceres. 
 
 Hereschip, so. In old Sci>fs law. Theft or robbery. 
 
 Herischulda, se. In old Scots law. A fine for not obeying the procla- 
 mation made for warfare. 
 
 Heresy. In English law. An offense against religion, consisting in a 
 denial of some of the essential doctrines of Christianity, publicly 
 and obstinately avowed. 
 
 Heretoch. In Saxon law. A leader or commander of an army, on 
 land or at sea ; constable, or marshal. 
 
 Herezeld. In Scots law. A gift or present by a tenant to his lord as a 
 token of reverence. 
 
 Heriot. In English law. A customary tribute of goods or chattels, 
 payable to the lord of the fee, on the decease of the owner of the 
 land, — now confined for the most part to copyhold tenures. It con- 
 sists sometimes of the best live beasts of which the tenant dies pos- 
 sessed, sometimes of a jewel or piece of plate, but is always a per- 
 sonal chattel. 
 In old English law. A gift or legacy by a tenant to his lord, at 
 his death, of his best or second best beast, accor<5ing to custom. 
 V. Hereotum. 
 In Saxon law. A payment or tribute in arms, or military accoutre- 
 ments, made or due to the lord, on the death of a tenant. Called 
 also hariot, herioth and hereot. 
 
360 HERITABLE — HIGH. 
 
 Ilerlta1l)le. In Scots law. That which may be inherited ; that which 
 goes to the heir, and not to the executor. Heritable bond: a bond 
 accompanied by a conveyance of land, as a security for debt. Her- 
 itable jarisdiction: a grant of criminal jurisdiction, formerly be- 
 stowed on great families to facilitate the administration of justice. 
 Heritable rights: rights of the heir ; rights to land, or whatever 
 may be intimately connected with land. 
 
 Heritage. In Scots law. Land, and all property connected with land ; 
 real estate. 
 
 Heritor. In Scots law. A proprietor of land. 
 
 Herpicatio, 1. 1 In old English law. A day's work with a harrow. 
 
 Herpsac, sax. A place of immunity. 
 
 Herschildt, sax. In Saxon law. Military service ; scutage. 
 
 Herns, I. A master. Herus dat ut servns faciat: the master gives 
 [wages], that the servant may do [the work J. 
 
 Hetaeria, L In the Roman law. A company, society or college. 
 
 Henvelborh, sax. In old English law. A surety. 
 
 Heybote, haybote. v. Hedge-bote. 
 
 Heylode. In old law. A customary burden on inferior tenants, for re- 
 pairing hedges. 
 
 Heyward. In English law. Oixe who takes care of the pasturing of 
 animals ; a herdsman. 
 
 Hi, I. fr. There ; thither. 
 
 Hida, liyda, I. I In old English law. A measure of land ; a hide. 
 
 Hidage, liy dage, Hidaginm, /. I. In old English law. An extraordi- 
 nary tax payable to the king for every hide of land ; an exemption 
 therefrom. 
 
 Hidare, I. I. In old English law. To tax or assess land by hides. Hi- 
 datus: taxed. 
 
 Hide, hyde. In old English law. A dwelling ; a mansion ; a portion 
 of land sufficient for the support of a family, or sufficient for the 
 working of one plough for a year. Hide, or hyde and gain: arable 
 land. 
 
 Hidel. In old English law. A place of protection ; a sanctuary. 
 
 High. Open, public, as the high sea, a high way ; head or chief, as high 
 sheriff ; elevated in station, dignity or importance, as a high court ; 
 elevated in a bad sense, as a high crime. High sea: the open ocean 
 outside of the fauces terroe, the waters of the ocean without the 
 boundary of any county ; any waters on the seacoast which are 
 without the boundaries of low-water mark. 
 In English law. High commission court: a court of ecclesiastical 
 jurisdiction erected by the statute 1 Eliz., c. 1, but abolished by stat- 
 ute 16 Car. 1, c. 11. High constable: a ministerial officer otherwise 
 called chief constable, and constable of the hundred, whose duty is 
 to keep the king's peace within the hundred. High court of justice: 
 one of the two main divisions of the supreme court of judicature 
 
HIGH — HOLIDAY. 361 
 
 established by the judicature act of 86 and 37 Vict, c. 66. High 
 treason: treason against the sovereign, as distinguished frota petit 
 treason which formerly might be committed against a subject 
 In feudal law. High justice: the jurisdiction or right of trying 
 
 crimes. 
 In old French and Canadian law. High justicier: a feudal lord who 
 exercised the right called high justice. 
 
 High-water mark. The mark which the sea makes on the shore, at . 
 high-water of ordinary tides. 
 
 Highway. A public way, or way open and common to all, whether a 
 foot way, a carriage way, a bridle way or a water way. 
 
 Hiis testibns, I. I. These being witnesses ; the name of the concluding 
 clause in old deeds and charters, which contained the names of the 
 witnesses. 
 
 Hilary term. One of the four annual terms of the English courts of 
 common law, beginning formerly on January 23d and ending on 
 February 12th, but now beginning on the 11th and ending on t!he 
 81st of January. 
 
 Hinc inde, I. In Scots law. On either side ; reciprocally. 
 
 Hire. In the law of bailment, compensation for the use of a thing, or 
 for labor and services. 
 
 Hirer. In the law of bailment, one who takes a thing from another to 
 use it, for a compensation agreed upon. 
 
 Hoc intuitu, I. With this expectation. Hoc loco: in this place. Hoc 
 nomine: in this name. Hoc paratus est Yeriflcare: v. Et hoe 
 paratus, etc. Hoc quidem perquam durum est, sed ita lex scripta 
 est: this indeed is exceedingly hard, but so the law is written. Hoc 
 titnlo: under this title. Hoc vobis ostendit: this shows to you. 
 Hoc voce: under this word. 
 
 Hoghenehyne,' hogenehyne, homehyne, sax. v, Agenhine. 
 
 Hold, V. Copyhold; Freehold; Leasehold. 
 
 Hold. To bind ; to be of legal efficacy ; to judge ; to be of opinion ; to 
 be the tenant of another ; to have an estate of another on condition 
 of paying rent or performing service; to have in possession; to 
 have cognizance, as of an action ; to sit for a particular purpose, as 
 to hold court 
 
 Holder. One who has possession ; one who has possession by virtue of 
 a lawful title ; the person having [rightfully] in possession a bill of 
 exchange, promissory note or check, whether as payee, indorsee or 
 otherwise. 
 
 Holding over. A holding beyond a term ; a continuing in possession, 
 after the expiration of a term. Holding up the hand: a formality 
 observed in the arraignment of prisoners, and in the administration 
 of an oath. 
 
 Holiday, v. Dies non juridicus. 
 
362 HOLOGRAPH — HOMME. 
 
 Holograph. In civil and Scots law. Any writing, wholly in the hand- 
 writing of the maker ; a will written entirely by the hand of the 
 testator. 
 
 Homage, I. fr. and eng., Homaginm, 1.1. In feudal law. An acknowl- 
 edgment by tenant in knight service that he was the vassal of the 
 lord, saving only his faith to the king. Homaginm' ligrium: liege 
 homage ; homage due to the sovereign alone, and without any sav- 
 ing or exception of the rights of other lords. Homaginm planum: 
 plain homage ; homage which bound to nothing more than fidelity. 
 Homaginm simplex: simple homage ; homage which was merely 
 an acknowledgment of tenure. 
 In old English law. Homage ancesljrel: a tenure, by which a man and 
 his ancestors had held land of another and his ancestors, imme- 
 morially, by the service of homage. Homaginm reddere: to re- 
 nounce homage. 
 
 Homage jury. In English law. The jury in a court baron ; so called, 
 because it commonly consisted of such as owed homage to the lord 
 of the fee. 
 
 Homager. In English law. One that does, or is bound to do homage. 
 
 Home. A place where a person has his abode, without intention to re- 
 move therefrom permanently ; a household. Home port: the port 
 in which the owner of a ship resides. 
 
 Home arrage, I. fr. A madman ; a lunatic. 
 
 Homestead. The place of a home or house ; a dwelling-house at which 
 a family resides, with the usual out-buildings and lands appurtenant ; 
 a home-stall or home-placa 
 
 Homicide, Ifr. and eng., Homicidlnm, I. The killing of one human being 
 by another which may be either justifiable, excusable or felonious. 
 V. Excusable homicide; Felonious homicide; Justifiable homicide. 
 Homicide per infortnninm or per misadventure: accidental homi- 
 cide, committed in the doing of a lawful act ; a species of excusable 
 homicide. Homicide se defendendo: homicide in self-defense. 
 Homicidinm ex casn: homicide by accident Homicidinm ex 
 jnstitia: homicide in the administration of justice, or in the exe- 
 cution of the sentence of the law. Homicidinm ex necessitate: 
 homicide from inevitable necessity, as for the protection of one's 
 person or property. Homicidinm ex volnntate: voluntary or wil- 
 ful homicida 
 
 Hominatio, 1. 1. In old English law. Homage, or the doing of homage. 
 
 Homines, v. Homo. 
 
 Homiuinm, LI. In old English law. Homage. 
 
 Homiplaginm, I. I. In old English law. The maiming of a man. 
 
 Homme, pi. hommes, fr. Man ; a man.~ 
 In feudal law. Hommes de flef: men of the fief ; feudal tenants, the 
 peers in the lord's courts. Hommes feodaux: feudal tenants ; the 
 same with hommes de fief. 
 
HOMO — HONOE. 863 
 
 Homo, I. A man ; a human being, whether male or female. Homo 
 potest esse habilis et iuhabilis diversis temporibus: a man may 
 be capable antj incapable at divers times. Homo Romanus: a 
 Roman, — an appellation given to the old inhabitants of the Roman 
 provinces. 
 In feudal law. A man; a vassal; a military or feudal tenant or re- 
 tainer ; a tenant by knight service ; any tenant of lands, vchether 
 agricultural, or military ; any retainer, servant, or person of inferior 
 condition. Homo casatus: one vyho did service within a house. 
 Homo cliartularius: a slave manumitted by charter. Homo com- 
 mendatns: one who surrendered himself into the power of another, 
 for protection or support Homo ecclesiasticus: a church vassal ; 
 one who was bound to serve a church, especially to do service of an 
 agricultural character. Homo exercitalis: a man of the army ; a 
 soldier. Homo feodalis: a vassal or tenant ; one who held a fee, or 
 part of a fee. Homo fiscalis or flscaUnus: a servant or vassal be- 
 longing to the treasury or flscus. Homo francus: a freeman. Homo 
 ingennus: a freeman. Homo liber: a free man. Homo ligius: a 
 liege man ; a subject Homo novus: a new tenant or vassal ; a ten- 
 ant invested with a new fee. Homo pertinens: a feudal bondman 
 or vassal ; one who belonged to the soil. Homo reglus: a king's 
 vassal 
 
 Homologare, gr.-l. In the civil law. To approve or confirm ; to assent 
 or consent ; to confess. 
 
 Homologate. In the civil law. To approve, to confirm. 
 
 Homologation. In Scots law. An act by which a person approves of 
 a deed, which, in itself defective, is thus made binding upon the per- 
 son acting. 
 In the civil law. Approbation or confirmation by a court, as of an 
 award, a partition, etc. 
 
 Homologus, I. In feudal law. A liege vassal. 
 
 Homstale, sax. In old English law. A mansion-house, or homestall. 
 
 Houdhabeud, sax. Having in hand. v. Handhabend. 
 
 Honeste, /. In eivil and old English law. Honorably ; creditably ; be- 
 comingly ; virtuously. Honeste vivere alteri non laedere, suum 
 cuique tribuere: to live honorably, injure not another, render to 
 each his own. 
 
 Honestus, I. In civil and old English law. Of good character, or stand- 
 ing ; proper or becoming, v. Non omne, etc. 
 
 Honor, l, Honour, fr. Honor. 
 In English law. Honor courts: courts held within honors. 
 In feudal law. A seigniory of the nobler sort, having several inferior 
 lordships and manors dependent upon it, by the performance of cus- 
 toms and services. 
 
 Honor. To accept a bill of exchange ; to pay a bill or note when due. 
 V. Dishonor. 
 
364 HONORARIUM — HOTCHPOT. 
 
 Honorarinm, 1. In the civil law. An honorary or free gift ; a gratui- 
 tous payment ; a counsellor's fee. 
 
 Honorary services. In English law. Services incident to grand ser- 
 jeanty, and commonly annexed to some honor. 
 
 Hora, pi. horse, l, Here, fr. In old English law. An hour. Hora 
 aurorse: the morning bell. Hora lit ex quadraginta momeutis: an 
 hour consists of forty minutes, — refei-ring to the hour of the civil 
 law. Horse juridicae: juridical hours ; hours for judicial business ; 
 hours during which judges sit in court 
 
 Horn. In old Scots law. A trumpet used in denouncing contumacious 
 persons, rebels, and outlaws. This was done with three blasts of the 
 horn by the king's Serjeant, and was called "putting to the horn; " 
 and the party denounced was said to be " at the horn." 
 In English law. Horn tenure: cornaga Horn with liorn: the 
 promiscuous feeding together of horned cattle upon the same com- 
 mon. 
 In old English law. Horn geld: a tax on horned beasts in a foi-est 
 
 Horning'. In Scots law. A warrant in the king's name to charge per- 
 sons to pay, or perform deeds within a certain time, on pain of being 
 declared outlaw, and having their goods poinded in case of disobe- 
 dience. 
 
 Hors, I. fr. Out; out of; without Hors de court: out of court 
 Hors de pryson: out of prison. Hors de son fee: out of his fee ; an 
 old plea to an action to recover rent on services. Hors de temps: 
 out of tima Hors pris: except Hors son sen: out of his sense or 
 mind. 
 
 Hospitium, pi. hospitia, I. In old English law. An inn, hospice, or 
 hostel; a household. Hospitia cancellariae: inns of chancery. 
 Hospitia communia: common inns. Hospitia curiae: inns of court 
 Hospitium regis: the king's household, v. Commune. 
 
 Hostage. A person given up to an enemy, as a security for the perform- 
 ance of a contract between belligerent powers, or their subjects or 
 citizens. 
 
 Hostelagium, I I. In old laio. A right to receive lodging and enter- 
 tainment, anciently reserved by lords in the houses ^of their tenants. 
 
 Hospitelarius, I., Hosteller, fr., Hosteler, hostiler. In old English 
 law. An innkeeper. 
 
 Hostile. Having the character of an enemy ; standing in the relation 
 of an enemy. 
 
 Hostility. A state of open war ; an act of open war ; a hostile char- 
 acter. 
 
 Hostls, pi. liostes, I. An enemy ; one who makes war by a formal proc- 
 lamation of hostility. Hostes humani generis: pirates. 
 
 Hotchpot. A mixing or blending together; a throwing of one or more 
 separate portions into a common stock ; a throwing of the amount 
 of an advancement to a particular child into the common stock, for 
 
HOTCHPOT — HUNDRED. 365 
 
 the purpose of a more equal division among children, v. Collatio 
 bonorum. 
 
 Hotel. V. inn; Tavern. 
 
 Hour. The twenty-fourth part of a day. 
 In Scots law. Hour of cause: the hour when a court is met 
 
 House. A building intended for human habitation ; a building divided 
 into floors and apartments, with four walls, a roof, a door, and 
 chimney. The word does not necessarily mean the whole building, 
 but may be restricted to a single apartment ; nor is it necessarily 
 restricted to the building, but may be extended to include land, as 
 orchard or curtilage occupied with the house ; a legislative body ; 
 the quorum of a legislative body. v. Ancient house; Burglary. 
 
 Housebote, liousbote. v. Bote. 
 
 Household. A family ; persons who dwell together as a family. 
 
 Household. Pertaining or appropriate to a family. Household furni- 
 ture: all personal chattels that may contribute to the use or con- 
 venience of a householder, or the ornament of the house, as plate, 
 linen, china and pibtures. Household goods: articles which are 
 used in, or purchased or otherwise acquired for a house, and are 
 of a permanent nature, — i. e. are not consumed in their enjoy- 
 ment Household stuff: any thing which may be used for the 
 convenience of the house, as tables, chairs, bedding, and the like. 
 
 Householder. One who keeps house with his family ; the head of a 
 household. 
 
 Housekeeper. One who keeps or occupies a house, as distinguished 
 from a boarder, inmate or lodger. 
 
 Hudegeld, sax. In old English law. An acquittance for a trespass or 
 assault committed upon a trespassing servant 
 
 Hue and cry. In English law. A loud outcry with which felons were 
 anciently pursued, and in which all who heard it were bound to join 
 until the malefactor was taken ; a written proclamation, issued on 
 escape of a felon from prison, requiring all persons to assist in re- 
 taking him. 
 
 Hundred. In English law. A subdivision of a county, so named be- 
 cause originally composed of ten tithings, or as is supposed, of one 
 hundred freemen or frank pledges, in which all were liable, where 
 offenses were committed within the district either to pi-oduce the 
 offender or to make good the damage. Hundred court: a larger 
 court baron, held for all the inhabitants of a particular hundred, in- 
 stead of a manor. 
 In old English law. Hundred penny: a tax collected from the hun- 
 dred, by the sheriff or lord of the hundred. 
 In Saxon law. Hundred gemote: a meeting or court of a hundred. 
 Hundred lagh: the law of the hundred, or hundred court ; liability 
 to attend the hundred court Hundred setena: the inhabitants of a 
 hundred 
 
366 HUNDREDA — L 
 
 Hundreda, hundredum, hnndredns, II In old English law. A hun- 
 dred. 
 
 Hnndredarius, I I., Hundredary, hnndredor. In English law. The 
 chief officer of a hundred ; a freeholder of a hundred. 
 
 Hnrderefest, sax. In old English law. A person fixed or settled in a 
 certain family. , 
 
 Hurdle. In English law. A kind of sledge, on which felons were 
 drawn to execution. 
 
 Husband. A man legally bound to a woman in wedlock. Husband 
 and wife: a man and woman legally bound to one another in wed- 
 lock. 
 
 Husbandria, I. I. In old English law. Husbandry. 
 
 Hnsbandus, I.L In old Scots law. The head of a fainily, employed in 
 agriculture. 
 
 Hnsbrec, sax. In Saxon law. House-breaking, or burglary. 
 
 Huscarle, sax. In old English law. A house servant, or domestic ; a 
 king's vassal, thane or baron ; an earl's man, or vassal. 
 
 Husfastene, sax. In Saxon law. One who held a house and land ; a 
 householder, or one who had a fixed habitation. 
 
 Husgablum, sax. and I I. In old law. House rent ; a tax or tribute 
 laid upon a house. 
 
 Hustingus, husten^us, 1. 1, Hustings, busting. The principal court of 
 the city of London, held, in theory, before the lord mayor, recorder 
 and aldermen, but really by the recoi-der alone. It is the county 
 court of London, but has cognizance of no actions that are merely 
 personal. 
 
 Hutesium, buthesium, ntbesium, utesinm, Z. I. In old English law. 
 Hue, or outcry. Hutesium et clamor: hue and cry. 
 
 Hypobolon, bypobolum, gr.-h In civil, feudal and old European law. 
 That which was given to a woman on the death of her husband, in 
 addition to her dowry. 
 
 Hypotheca, gr.-l. In the civil law. That kind of pledge in which the 
 possession of the thing pledged remained with the debtor, the obli- 
 gation resting in mere contract, without delivery ; the right or obU- 
 gation arising from such a pledge. 
 
 Hypothecaria actio, I. In the civil law. An action for the enforce- 
 ment of a hypotheca; a hypothecary action. 
 
 Hypotbecarii creditores, I. In the civil law. Persons who loaned 
 money on the security of a hypotheca; hypothecary creditors. 
 
 Hypothecate. To pledge without delivering possession of the thing 
 pledged. 
 
 Hypothecation. A pledge without possession by the pledgee. 
 
 I. An abbreviation of institutes. I. 0. TJ.: the common form of a due- 
 bill, which, with the sum and the signature, makes a complete ac- 
 knowledgment of indebtedness. 
 
IB — IDEO. 367 
 
 lb., ibid. V. Ibidem. 
 
 Ibi, I There; in that place; therein; then. Ibi semper debet fieri 
 triatio ubi juratores meliorem possnnt habere notitiam: a trial 
 ought always to be held where the jurors can have the best infor- 
 mation. 
 
 Ibidem, I In the same place ; in the same thing, matter or case. 
 
 Ibimus, I. We will go. 
 
 Ictus, I. In old English law. A blow from a club or stone ; a bruise, 
 or swelling produced by such a blow. Ictus orbus: a stroke which 
 made a bruise or swelling, without breaking the skin. 
 
 Id, L That Id certum est quod certum reddi potest: that is cer- 
 tain which can be made certain; — , sed id magis certum est 
 quod de semetipso est certum: that is certain which can be 
 made certain, but that is more certain which is certain of itself. Id 
 est: that is. Id perfectura est quod ex omnibus suis partibus 
 constat: that is perfect which consists of all its parts. Id possumus 
 quod de jure possumus: we can do that which we can do lawfully. 
 Id quod est mag'is reraotum non trahit ad se quod est lua^is 
 junctum, sed e contrario in omni casu: that which is more remote 
 does not draw to itself that which is more near, but the reverse, in 
 every case. Id quod nostrum est sine facto nostro ad alinm 
 transferrl non potest: that which is ours cannot be transferred to 
 another without our act. 
 
 Idem, I. and I. I. The same ; the said or aforesaid. Idem ageus et pa- 
 tiens esse non potest: the same person cannot be both agent and 
 patient Idem arbitratores arbitrati fuissent et adjudicassent: 
 the said arbitrators awarded and adjudged. Idem est facere, et 
 nolle prohibere cum possis: it is the same thing to do a thing, and 
 to refuse to prohibit it when in your power. Idem est nihil dicere, 
 et insuilicienter dicere: it is the same thing to say nothing, aud to 
 say a thing insufficiently. Idem est non esse, et non apparere: it 
 is the same thing not to be, as not to appear. Idem semper prox- 
 imo antecedent! refertur: 'idem always refers to the next antece- 
 dent Idem sonans: sounding the same. 
 
 Identification. In the law of evidence, proof of identity ; the act or 
 process of proving a subject, person or thing, before a court, to be 
 the same as it is claimed or charged to be. 
 
 Identitas, L I. Identity ; sameness, v. Eoc multitudine signorum, etc. 
 
 Identitate nominis, I. A writ that lay for a person taken and committed 
 to prison, upon a capias or an exigent for another of the same name. 
 
 Identity. The fact that a subject, person or thing before a court is the 
 same as it is represented, claimed or charged to be ; sameness. 
 
 Ideo, I. Therefore. Ideo consideratum est: therefore it is considered, — 
 the initial words of the ancient entry of judgment at law, and by 
 which that part of the record is still sometimes called. Ideo quaere: 
 therefore inquire. 
 
368 IDEOT — IGNOSCITUE. 
 
 Ideot, ideota. v. Idiot. 
 
 Ides. One of the three divisions of the ancient Roman month. In 
 March, May, July and October, the ides fell on the 15th ; and in the 
 other months, on the 13th. 
 
 Idiochira, gr.-l. In the civil law. An instrument privately executed, 
 as distinguished from an instrument executed before a public officer. 
 
 Idiocy. That condition of mind in which the reflective, and all or a 
 part of the affective, powers are either entirely wanting, or are 
 manifested to the slightest possible extent. 
 
 Idiot, ideot, ideota, idiota, I. A person of no understanding, of which 
 two kinds are mentioned, — an idiot from birth, otherwise called a 
 natural fool; and an idiot from accident or sickness. Idiota a 
 nativitate: an idiot from birth. Idiota a casn et intlrmitate: an 
 idiot from sickness or accident. Idiota inquirendo: an old writ to 
 inquire by a jury of twelve men whether or not a man was an idiot 
 In the civil law. An unlearned, illiterate or simple person ; a private 
 man ; a man not in office. 
 
 Idonens, I. In the civil and common law. Sufficient; competent; fit 
 or proper ; responsible ; unimpeachable. Idoneus liomo: a respon- 
 sible or solvent person. 
 
 If. A word expressive of condition or conditional limitation. 
 
 Ignorainns, I. I We are ignorant, or, we know nothing of it. A word 
 formerly indorsed by the grand jury on the back of a bill of indict- 
 ment, where, after hearing the evidence, they thought tlie accusation 
 groundless. 
 
 Ignoraiitia, I. Ignorance; want of> knowledge. Ignorantia eorurn 
 quae quis scire tenetur non excusat: ignorance of those things 
 which any one is held to know is no excuse. Ignorantia facti 
 excusat: ignorance of fact excuses, or is a ground of relief. Igno- 
 rantia judicis [est] calamltas innocentis: the ignorance of the 
 judge is the misfortune of the innocent party. Ignorant! a jaris: 
 ignorance of the law ; — non excusat: ignorance of the law is no 
 excuse ; — quod qnisqne tenetur scire, neminem excusat: igno- 
 rance of the [or a] law, which every one is bound to know, excuses 
 no man. Ignorantia legis neminem excusat: ignorance of the 
 law excuses no man. 
 
 Ignorare, I. To be ignorant ; to ignore, or throw out a biU of indict- 
 ment 
 
 Ignorari, I I. To be unknown. Ignoratis terminis artis, ignoratnr 
 et ars: where the terms of an art are unknown, the art itself is 
 unknown also. 
 Ignore. To know nothing; to be ignorant; to reject on the ground of 
 ignorance, in consequence of the want of evidence. 
 
 Ignoscitur ei qui sanguinem suum qnaliter redemptnm voluit, i. 
 The law holds him excused from obligation who chose to redeem 
 his blood (or life) upon any terms ; i, e. the law will not hold binding 
 
IGNOSCITUR — IMP ARC ARE. 369 
 
 an ODUgation entered into under fear of losing life or limb in case 
 of refusal. 
 
 11, 1, fr. It; he. II corient: it behooveth. 11 est comunement dit: it 
 is commonly said. II est dit: it is said. II monstra: he showeth. 
 II port meat en son bouche: it supports itself. Spoken of a deed. 
 
 III. In old pleading, bad ; defective in law ; null ; naught ; the opposite 
 of good or valid. 
 
 Illegitimate. Not legitimate ; born out of lavirful wedlock. 
 
 Illeviable. Not leviable ; that cannot or ought not to be levied. 
 
 Illicenciatus, I I. In old English laiv. Without licensa 
 
 Illicit. Prohibited; unlawful, as, an illicit trade, illicit intercourse. 
 
 Illiterate. Unlettered ; ignorant of letters or books. 
 
 Illud, I That Illnd quod alias licitum non est, necessltas facit 
 licitum: that which otherwise is not lawful, necessity makes law- 
 ful. 
 
 Illusory. Deceiving by false appearances; nominal, as distinguished 
 from substantial. 
 
 Imbecility. Weakness of mind ; absence of natural or ordinary vigor, 
 
 Imbraciator, I. I. In old English law. An embracer. 
 
 Imbreviare, inbrevlare, I. I. In old English law. To commit to writ- 
 ing briefly ; to copy into a schedule ; to enrol ; to make an inven- 
 tory ; to inventory. 
 
 Immaterial. Not essential ; not formally proper. Immaterial issue: 
 an issue taken on an immaterial point, i. e. a point not proper to 
 decide the action. 
 
 Immediate, I. In old English law. Immediately; without any thing 
 intermediate. 
 
 Immediately. In general, within a reasonable time; never or rarely 
 of any exact time ; often not of a time succeeding without any in- 
 terval, but of an effectual and lawful time in view of all the cii-cum- 
 stances. 
 
 Immemorial, v. JHme immemorial. 
 
 Immiscere, I. In the civil law. To mix or mingle with ; to meddle 
 with ; to join with ; to take or enter upon an inheritance, v. Culpa 
 est, eta 
 
 Immissio, I I. In old English law. A putting in ; introduction. 
 
 Immobilis, I Immovable. Immobilia situm sequnntur: immov- 
 able things follow their site or position,— are governed by the law 
 of the place where they are fixed. 
 
 Immunity. Exemption from some common burden. 
 
 Impair. To weaken ; to affect injuriously ; to diminish. 
 
 Impanel. To enter the names of jurora on a panel ; in America, to 
 choose the jurors for trial of a particular case. v. Panel. 
 
 Impanulare, /. I. In old English law. To impanel. 
 
 Imparcare, 1 1. In old English law. To impound ; to shut up, or con- 
 fine in prison. 
 24 
 
370 IMPARL — IMPETITIO. 
 
 Imparl, emparl. Literally, to speak with the plaintiflF, which is supposed 
 originally to have been its acfual meaning ; to have time before 
 pleading ; to have time to plead. 
 
 Imparlance, emparlance. Literally, time to talk with the plaintiff ; a 
 continuance on the- judgment record, between the declaration and 
 'plea ; time to plead in an action. Imparlances as timie to plead have 
 not been recognized in American practice, and as continuances they 
 have been expressly abolished in England. 
 
 Imparsonee, I. fr. In ecclesiastical law. A person inducted and in pos- 
 session of a benefice. 
 
 Impeach. To accuse or challenge; to call to account; to make or hold 
 liable ; to discredit, to seek to prove not worthy of belief ; formally 
 to accuse before a competent tribunal. 
 
 Impeachment of waste. Liability for waste ; liability to be proceeded 
 against or sued for committing waste. 
 
 Impediens, L I In old English law. One who hinders; an impedi- 
 ment ; the defendant or deforciant in a fina 
 
 Inipedire, I. To prevent or embarrass motion, as by something about 
 the feet ; to obstruct or hinder generally ; to disturb. 
 
 Impedit, I. He hinders. 
 
 Impeditor, 1. 1. In old English law. A disturber in the action of guare 
 impedit. 
 
 Impensae, I. In the civil law. Expenses ; outlays. 
 
 Imperator, t Emperor ; the title of the Roman emperors ; a title given 
 to the kings of England in charters before the conquest 
 
 Imperitia, I. Unskilfulness. Imperitia culpae adnnmeratur: want 
 of skill is reckoned as culpa; that is, as blamable conduct or neg- 
 lect. Imperitia est maxima mechanicorum pcena: unskilfulness 
 is the greatest punishment of mechanics ; [that is, from its effect in 
 making them liable to those by whom they are employed.] 
 
 Impersonalitas, t Impersonality, — a mode of expression where no 
 reference is made to any person. Impersonalitas non conclndit 
 nee ligat: impersonality neither concludes nor binds. 
 
 Imperium, Z. Power ; command ; authority. Imperinm in imperio: a 
 power within a power ; a sovereignty within a sovereignty. 
 
 Impertinence. The introduction of matters into a bill, answer or other 
 pleading or proceeding which are not properly before the court for 
 decision. 
 
 Impertinent. That which does not belong to a pleading, interrogatory 
 or other proceeding in equity. 
 
 Impescare, 1. 1. In old English law. To impeach or accuse Impes- 
 catns: impeached. 
 
 Impetere, I. I. In old English law. To impeach or accuse ; to call to 
 account, or hold aocountabla 
 
 Impetitio, I I In old English law. An accusation, charge or impeachr 
 ment ; a calling to account, or holding accountable ; a prosecuting 
 
IMPETITIO — IMPORT. 37I 
 
 for some alleged damage ; a demand ; a judicial claim or interrup- 
 tion by suit. Impetitio vast!: impeachment of waste. 
 
 Impetitns, I. I In old English law. Impeached, or accused of an 
 offense ; an accused person. 
 
 Ijnpetrare, I In old English law. To obtain by request, as a writ of 
 privilege. 
 
 Impetratlo, I In old English law. An obtaining by request, or 
 prayer. Applied to writs and liberties. 
 
 Impierment, I fr. Impairing or prejudicing. 
 
 Iinpignorata, 1 1. Pledged ; mortgaged. 
 
 Implacitare, I. I In old English law. To subject to an action; to 
 implead or su& 
 
 Implacitatns, 1 1 Impleaded ; sued. 
 
 Implead. To sue, or prosecute by due course of law. Impleaded: sued 
 or prosecuted. 
 
 Impleder, I. fr. To implead. Implede: impleaded or sued. 
 
 Implement. In a general sense, whatever may supply a want; any 
 thing used for the performance of a work, or the accomplishment 
 of a purpose ; in a stricter sense, a thing necessary, or ordinarily 
 used for the performance of work or the prosecution of any game or 
 sport 
 
 Implication. Intendment or inference, as distinguished from actual 
 expression in words. 
 
 Implied. Involved in language or intention ; resting upon inference ; 
 imported in law. Implied abrogation: abrogation by implica- 
 tion, — as where a statute contains provisions contrary to tliose of a 
 former statute, without expressly abrogating such statute. Implied 
 assumpsit: an undertaking presumed from the conduct of a party. 
 Implied condition: v. Condition implied Implied consideration: 
 a consideration presumed by law. Implied contract: a contract 
 implied by reason and justice, and which therefore the law presumes 
 that every man undertakes to perform. Implied covenant: a cove- 
 nant implied or inferred from certain words in deeds, leases, etc. 
 Implied malice: malice presumed by law from the acts of a party 
 and the circumstances of a case. Implied power: power necessary 
 to the exercise of power expressly conferred. Implied trust: a trust 
 raised or created by implication of law ; a trust implied or presumed 
 from circumstances. Implied warranty: a warranty implied by 
 law from circumstances, as distinguished from an express or actual 
 warranty ; a warranty implied from an instrument or from particu- 
 lar words in an instrument 
 Imponere, I. In old English law. To put in ; to put upon, or impose. 
 
 Imposuit commune ballium: he put in common bail. 
 Import. In a general sense, to bring in, or to ; to bring to or into a 
 country ; in a stricter sense, to bring goods, chattels or other prop- 
 erty into a country from another country. 
 
372 IMPORT — IMPEUIAER 
 
 Import. A thing brought into a country from another country ; a 
 thing imported. 
 
 Importation. The act of bringing goods, etc., into a country from a 
 foreign country. 
 
 Importunity. Pressing solicitation ; urgent request ; application for a 
 claim or favor which is urged with troublesome frequency or per- 
 tinacity. 
 
 Impositio, I. In old Englishlaw. An imposition, tax or tribute. 
 
 Impossibllis, I. Impossibla Impossibilium nulla obligatio est: there 
 is no obligation of [to do] impossible things, v. Ea quae, etc. ; Lex 
 non, etc. 
 
 Impost. A custom or tax levied on articles brought into a country ; in 
 a large sense, any tax, duty or imposition. 
 
 Impotens, I. Impotent ; without power or ability. Impotens sui: hav- 
 ing no power of himself. 
 
 Impotentia, /. Inability; impossibility. Impotentia exensat legem: 
 inability or impossibility excuses law, i. e. is an excuse for not doing 
 what the law requires. 
 
 Impound. To put in a pound ; to retain in the custody of the law, as of 
 a forged document produced at a trial. 
 
 Imprimatur, I. Let it be printed ; a license to publish, so called from 
 this, the emphatic word. 
 
 Imprimere, L To press upon ; to impress ; to imprint 
 
 Imprimerie, /n, Imprimery. In old English law. A print; an im- 
 pression ; t^e act of printing ; a printing house. 
 
 Imprimis, I, In the first place ; first of all. 
 
 Imprison. To put in prison ; to confine, or restrain of liberty. 
 
 Imprisouamentnm, II. In old English law. Imprisonment 
 
 Imprisonare, I. I. In old English law. To imprison. 
 
 Imprisonment. A putting into prison; confinement in a prison or 
 gaol ; confinement or restraint in any place. 
 
 Improbare, Z. In the dvil law. To disapprove ; to disallow. 
 
 Improbation. In Scots law. An action brought to have an instrument 
 declared false and forged. 
 
 Improper feud. A feud held not by military service. 
 
 Impropriation. In English ecclesiastical law. A lay appropriation ; a 
 benefice in the hands of a layman, or lay corporation. 
 
 Improve. In Scots law. To disprove ; to invalidate ; to prove false or 
 forged. 
 
 Improvement, An amelioration in the condition of property by the 
 outlay of money or labor ; in American land law, an act by which 
 a settler expresses hia intention to possess or cultivate, as by erect-, 
 ing a cabin, clearing, planting, marking trees, or the like ; in the law 
 of patents, an addition to or a modification of an invention. 
 
 Impruiare, 1. 1 In old English law. To improve land. Imprniamen- 
 tum: the improvement so mada 
 
IMPUNITAS — IN. 373 
 
 Impnnitas, I. Impunity; exemption from punishment. Impunitas 
 continunm affectum tribuit delinqiienti: impunity offers a con- 
 tinual bait to a delinquent Impunitas semper ad deterlora in- 
 Titat: impunity always invites to greater crimes. 
 
 In. Inside of ; surrounded by ; within ; invested with title or pos- 
 session. In action: attainable or recoverable by action; not in 
 possession. In banc: v. Banc. In blank: written or executed with 
 spaces left to be filled in afterwards, — applied to various instruments, 
 indorsements of bills, notes, etc. In chief: relating to a principal mat- 
 ter ; in the principal or direct course. In full life: alive in fact and in 
 law. In gross: in a large sum or quantity ; by wholesale; at large, 
 i. a not annexed to or dependent upon another thing. In judg- 
 ment: in a court of justice ; in a seat of judgment In mercy: a 
 phrase in old records of judgment signifying that the defendant 
 was in mercy of the king ; or the plaintiff and his pledges for his 
 false claim. In the name of God, amen: a solemn formula with 
 which wills and some other writings once almost invariably com- 
 menced. In paper: a term formerly applied to the proceedings in 
 a cause before the record was made up. , 
 
 In, Z./r. In. In anter: in another's ; — droit: ih another's right ; ' — soile: 
 in or on another's land. In experience: concerned. In fait: in fact ; 
 in deed. In mercy: a phrase used at the conclusion of judgment 
 records, derived from the old practice of amercing parties against 
 whom judgment was rendered. In pais, en pais, en pays: in the 
 country ; out of court or without judicial process ; by deed, or not 
 of record ; not in writing. In prender: in taking, — a term applied 
 to such incorporeal hereditaments as a party entitled to them was 
 to take for himself. In render: in yielding or paying. In, or en 
 Tsntre sa mere: in its mother's womb. 
 
 In, I Against ; among ; in ; into ; on ; to. In adversum: against an 
 adverse, unwilling or resisting party. In seqna manu: in equal 
 hand. In aiquali jure: in equal right; — nielior est conditio 
 possidentis: in [a case of] equal right the condition of the party 
 in possession is the better. In %quali manu: in equal hand ; held 
 equally or indifferently between two parties. In alieno solo: in 
 another's land. In alio loco: in another place. In alternativis 
 electio est flebitoris: in a case of alternatives, the choice is the 
 debtor's. In ambigua voce legis: in an ambiguous expression of 
 law ; — ea potius accipieuda est signiflcatio qua) Titio caret, 
 prfBsertim qunm etiam voluntas legis ex hoc coUigi possit: in 
 an ambiguous expression of law that meaning should be taken . 
 which works no wrong, especially where the design of the law can 
 be gathered from the same. In ambiguis oratiouibus: in ambigu- 
 ous statements; — maxime sententia spectanda est ejus qui eas 
 protnlisset: in the case of ambiguous statements, the intention of 
 him who used them is chiefly to be regarded, In apicibus juris: 
 
374: IN. 
 
 among the subtleties or extreme doctrines of the law. In arbit- 
 rio: in the discretion; — alieno: in the discretion of another; 
 
 — jadicis: in the discretion of the judge. In articulo mortis: 
 at the point of death. In anditu quamplurimoruni: in the hear- 
 ing of very many. In capita: to the polls. In capita: in chief. 
 In casu: in a case ; — consimili: in a like case ; — extremae ne- 
 cessitatis, omnia sunt commania: in a case of extreme neces- 
 sity, all things are common ; — proviso: in a [or the] case provided. 
 In coiijnnctivis oportet ntramqne partem esse veram: in con- 
 junctives, it is necessary that each part be true. In cousimili casn, 
 consimile debet esse remedium: in a like case, there ought to be 
 a like remedy. In consuetndinibus, non dlnturnitas temporis 
 sed soliditas rationis est consideranda: in customs, not length of 
 time but solidity of reason is to be considered. In contractibns 
 tacite insunt qua) sunt moris et consuetndinis: in contracts, mat- 
 ters of custom and usage are tacitly implied. In criminalibns suf- 
 flcit generalis malitla intentionis, cum facto paris g^radns: in 
 criminal matters or cases, a general malice of intention is sufiBcient 
 [if united], with an act of equal or corresponding degree. In curia: 
 in court In eustodia legis: in the custody or keeping of the law. 
 In delicto: in fault; culpable; guilty. In descensu: by descent. 
 In disjnnctlvls, sulHcit alteram partem esse veram: in disjunct- 
 ives, it is sufficient that either part be true. In dnbils: in doubtful 
 cases ; in matters or cases of doubt ; — magis dignum est accipien- 
 dnm: in doubtful cases, the more worthy is to be taken ; — non 
 praesumitur pro testamento: in cases of doubt, the presumption is 
 not in favor of a will. In dubio: in doubt ; in a state of uncer- 
 tainty ; in a doubtful case ; — haic legls constructlo quam verba 
 ostendnnt: in a case of doubt, that is the construction of the law 
 which the words indicate ; — pars mitiora est sequenda: in doubt 
 the milder course is to be preferred. In dnriorem sortem: to the 
 harder lot; i. e. to the most burdensome debt In emulationem 
 Ticini: in envy or hatred of a neighbor. In esse: in being ; in exist- 
 ence. In essentialibtts: in the essential parts. In exteuso: in its 
 full extent In extremis: in extremity ; in the last extremity ; in 
 the last illness. In facie ecclesiaj: in the face of the church, — ap- 
 plied to marriages, which are required to be solemnized in a parish 
 church or public chapel, unless by dispensation or license. In 
 faciendo: in doing; in feasance. In facto: in fai\t; in deed; 
 
 — dicit: in fact says ; — qnod se habet ad bonnm et malum, magis 
 de bono quam de malo lex intendit: in an act or deed -which 
 admits of being considered as both good and bad, the law in- 
 tends more from the good than from the bad. In favorabllibus 
 magis attenditur quod prodest quam quod nocet: in things 
 favored, what profits is more regarded than what prejudices. 
 In favorem vitse: in favor of life; — libertatis et innocentke 
 
IN. 375 
 
 omnia prsesumuntiir: all things are presumed in favor of life, 
 liberty and innocence. In flctioue juris semper ecquitas existlt: 
 in the fiction of law there is always equity ; a legal fiction is always 
 consistent with equity. In fieri: in being made or done ; in course 
 of being made, or done; incomplete. In flagrante delicto: in the 
 heat of the offense. In forma pauperis: in the form or manner of 
 a poor person ; as a poor person ; in the character of a pauper. In 
 foro: in a, or the, forum, court or tribunal ; — conscientise: in the 
 forum of conscience. In fraudem: in fraud ; — legis: in fraud of 
 the law ; with intent to evade the law ; — creditorum: in fraud of 
 creditors ; with intent to defraud creditors. In futuro: in future ; 
 at a future time. In gremio legis: in the bosom of the law ; in 
 abeyance; under protection of the law. In beec verba: in these 
 words ; in the same words. In iisdem termiuis: in the same terms. 
 In individuo: in the distinct or identical form ; in specie ; in particu- 
 lar. In initialibns, in initio: in, or at the beginning ; — litis: at the 
 beginning of the suit. In integrum: to the original or former state. 
 In invitum: against an unwilling party ; against a party without his 
 consent In ipsis fancibus: in the very throat or entrance. In ipso 
 articulo temporis: at the same moment or instant of time. In 
 itinere: on the voyage ; on the way. In judiciis niinori eetati succur- 
 ritnr: in courts or judicial proceedings, infancy is aided or favored. 
 In judicio: in or by course of judicial proceeding ; by action ; in or 
 before a court ; — non creditnr nisi juratis: in a court of justice, 
 credit is not given to [the statements of] persons unless they are 
 sworn. In jure: in law ; in the merely formal or introductory part 
 of the proceedings ; before the magistrate ; — non remota causa, 
 sed proxima spectatur: in law, not the remote but the proximate 
 cause is considered ; — vel extra jns: by law, or without law. In li- 
 bera eleemosyna: in frankalmoign. In libero soccagio: in free soc- 
 age. In limine: on, or at the threshold. In linea recta: in the direct 
 line. In loco: in place ; in lieu ; instead ; — parentis: in the place 
 of a parent In majors summa continetnr minor: in the greater 
 sum is contained the lesa In materia: in the matter ; in the casa In 
 maxima potentia minima licentia: in the greatest power there is 
 the least freedom. In meditatione fugse: in contemplation of 
 flight In mercibus illicitis non sit commercium: there should 
 be no commerce in illicit or prohibited goods. In misericordia: in 
 mercy ; subject or liable to amercement ; — pro t'also clamore suo: 
 in mercy for his false claim. In mitiori seusu: in the miider or 
 more favorable sense. In mortna nianu: in a dead hand ; in the 
 hands of a person dead in law, as ecclesiastical bodies anciently 
 were ; in mortmain. In nubibus: in the clouds ; in suspension or 
 abeyance ; not in any person living ; in consideration and intend- 
 ment of law ; in the custody or preservation of the law. In nullius 
 bonis: among the goods or property of no person ; belonging to no 
 
376 IN. 
 
 person. In nullo est erratnin: in nothing is there error, — the 
 name of the common plea or joinder in error, denying the existence 
 of error in the record or proceedings. In odinm spoliatoris: in 
 hatred [as a mark of hatred] of a despoiler, destroyer or wrong- 
 doer; — omnia praisnmnntnr: all things are presumed against 
 a despoiler; every presumption is made agaipst a wrong-doer. 
 In omnibns: in all things; on all points; — contractibns, siTe 
 nominatis give innominatis, permntatio continetnr: in all con- 
 tracts, whether nominate or innominate, an exchange [of value, 
 i. e. a. consideration] is implied. In ore: in the mouth. In pari: in 
 equal ; — cansa: in an equal cause or matter : in a case affecting two 
 equally ; — causa possessor potior haberi [esse] debet: where two 
 persons have equal rights in reference to the same thing, the party in 
 possession ought to be regarded as the better ; that is, his right should 
 have the preference ; — delicto: in equal fault ; equally culpable 
 or criminal ; — delicto potior est conditio possidentis [defend- 
 entis]: in a case of equal or mutual fault [between two parties], the 
 condition of the party in possession [or defending] is the better one ; 
 — jure: in equal right; — materia: upon the same subject. In 
 patiendo: in permitting ; in suffering. In pectore judicis: in the 
 breast of the judge. In pejorem partem: in the worst part ; on the 
 worst sida In perpetuam rei memoriam: in perpetual memory of 
 a matter. In perpetunm: forever ; — rei testimonium: in per- 
 petual testimony of a matter ; for the purpose of settling a thing 
 forever. In personam: against the person ; against a person. In 
 pios usus: for pious uses ; for religious purposes. In posse: in pos- 
 sibility; not in actual existence. In posterum: hereafter. In 
 praemissornm fidem: in confirmation or attestation of the premises. 
 In prsBsenti: at the present tima In praesentia majoris potes- 
 tatis, minor potestas cessat: in the presence of the superior 
 power, the inferior power ceases. In principio: at the beginning. 
 In propria persona: in proper person; in one's own person. 
 In proximo gradu: in the nearest degree. In quantum lucra- 
 tus est: in so far as be has profited. In quo quis delinquit, 
 in 60 de jure est punieudus: in whatever thing one offends, in 
 that is he rightfully to be punished. In qnovls: in whatever. 
 In re, in a thing, or matter ; in the matter ; — aliena: in the affairs 
 of another; — dnbia, magis inflciatio quam alHrmatio intelli- 
 genda: in a doubtful matter, the denial or negative is to be under- 
 stood [or regarded] rather than the aflBrmative ; — propria: in one's 
 own affairs. In rebus: in matters, things or cases ; — manifestis, 
 errat qui anthoritates legnm allegat; quia perspicna Tera non 
 suntfprobanxla: in clear cases, he mistakes who cites legal authori- 
 ties, for obvious truths are not to be proved. In rem: against a thing ; 
 for the recovery of a thing ; — suam: in one's own affairs ; — snam 
 Tersum: employed in one's own profit ; actually used in one's own 
 
IN. 377 
 
 affairs. In rernm natura: in the nature of things; in existence; 
 not a fictitious person. In retentis: in things held back,— to be 
 held back until wanted ; taken and preserved secretly. In rigfore 
 juris: in the rigor of the law. In solido: for the whole ; to, or for 
 the full amount; jointly and severally. In solidum: for the 
 whole ; as a whole ; exclusively ; to the exclusion of others, v. Du- 
 orum in solidum, etc. ; Plures eandem, etc. In solo: in the soil or 
 ground ; — alieno: in another's ground ; — proprio: in one's own 
 ground. In solntum: in payment In specie: in shape or form ; 
 in the same form ; in precise form ; specifically ; Identically. In 
 statu quo: in the state in which the matter was. In stirpes: to, by, 
 or according to the roots or stocks ; as representatives of stocks ; 
 with reference to the stocks from which parties are descended, and 
 not to themselves as individuals. In stricto jnre: in strict law ; in 
 strict right In substantialibns: in a material point In sno gen- 
 ere: of their own kind. In sno quiscine negotio hebetlor est quam 
 in alieno: every one is more dull in his own business than in anoth- 
 er's. In terminis: in terms ; — terminantibus: in terms of determi- 
 nation ; exactly in point In terrorem: in or for terror ; by way of 
 menace; for the purpose of deterring. In totidem verbis: in so 
 many words. In toto: in the whole ; altogether ; — vel in parte: 
 in whole or in part In traditionibns scriptornm, non qnod dic- 
 tnm est, sed quod gestum est, inspicitur: in the delivery of writ- 
 ings, not what is said, but what is done, is looked to. In trajectu: 
 in the passage over ; on the voyage over. In transitu: in transit ; on 
 the way or passage ; while passing from one person or place to an- 
 other. In tuto: in safety. In unum annnin et ynnm diem: for 
 one year and one day ; for a year and a day. In utero: in the womb. 
 In radio: in gage or pledge. In yinculis: in chains ; in actual cus- 
 tody ; applied to a person who is compelled to submit to terms 
 imposed .by oppression and his necessities. In vita : in or for life ; 
 alive. 
 In old English law. In antea: henceforth; in future. In aperta 
 luce: in open daylight; in the day time. In arcta et salva custo- 
 dia: in close and safe custody. In banco: in banc or bank ; in the 
 bench, or court of common bench. In commendam: in commen- 
 dation; as a commended living. In communi: in common. In 
 consideratione: in consideration ; — inde: in consideration thereof. 
 
 — legis: in consideration or contemplation of law ; in abeyance. 
 
 — preemissornm: in consideration of the premises. In conspectu 
 ejus: in his sight oi^ view. In continent!: immediately ; without 
 any interval or intermission. In corpore: in body, or substance ; in 
 a material thing or object In crastino: on the morrow. In crim- 
 inalibns, probationes debent esse, luce clariores: in criminal 
 cases, the proofs ought to be clearer than light In cujus rei testi- 
 moninm: in witness or testimony whereof, — the initial words of 
 
378 IN. 
 
 the concluding clause in ancient deeds, constituting one of the 
 formal and orderly parts of the instrument In damno: in damage ; 
 doing damage. In defenso: in defense ; in a state of prohibition, — 
 a term applied, in old English law, to lands either actually surrounded 
 by an enclosure, or otherwise exclusively appropriated. In diem: for 
 a day ; on, or at a day ; — debitum: a debt due at a certain day. In 
 dominico: in demesne; — suo, ut de feodo: in his demesne as of fee. 
 In dorso: on the back ; — recordi: on the back of the record. In 
 dnplo: in double. In dnplum: for the double value. In eadeui 
 causa: in the same state or condition. In excambio: in exchange, — 
 formal words in old deeds of exchange. In exitn: in issue. In 
 facie curiae: in the face of the court. In facili: easily ; easy of 
 determination or explanation. In fayorem libertatis: in favor of 
 liberty. In felonia: in felony ; in a felonious manner ; feloniously. 
 In feodo: in fee. In forma prsedicta: in form aforesaid. In foro: 
 in form or in forum ; — coutentioso: in the form of contention or 
 litigation ; — ecclesiastico: in an ecclesiastical forum ; in the ec- 
 clesiastical court; — sseculari: in a secular forum or court In 
 grosso: in gross ; by wholesale. In hac parte: in this behalf. In 
 hunc modum: after this manner. In jure: in right; — alte- 
 ring: in another's right ; — proprio: in one's own right In latro- 
 einio: in larceny ; as a thief. In lecto mortali: on the death-bed. In 
 litem: for a, or the, suit. In majorem cantelam: for greater secu- 
 rity. In mero jure: on the mere right In modum: in the manner ; 
 — assisa;: in the manner or form of an assise ; — jnrata;: in manner 
 of a jury. In nomine Dei, amen: in the name of God, amen,— 
 a solemn form of introduction used in wills and other instruments, 
 public and private. In octavis: on the octave ; one of the return 
 days. In omni re nascitur res quse ipsam rem exterminat: in 
 every thing there arises a thing which destroys the thing itself. In 
 pace Dei et regis: in the peace of God and the king. In patri- 
 monio: as a subject of property. In pendenti: in suspension, or 
 abeyance. In plena vita: in full life. In pleno comitatu: in full 
 county court In prsejudicium: to the prejudice ; in prejudice. In 
 preemissis: in the premises. In prseparatoriis: in, or among pre- 
 liminary proceedings ; — ad judicium favetur actori: in the pro- 
 ceedings preliminary to judgment the plaintiff is favored. In primis: 
 in the first place. In quindena: in fifteen days, — one of the return 
 days in the old practice. In qninqne septimanas: in five weeks, — 
 one of the return days in the old practica In republica, maximc 
 couserranda sunt jura belli: in a state, the laws of war are to be 
 especially upheld. In respectn: in i-espite. In restitutionem, non 
 in poenam, hasres snccedit: the heir succeeds to the restitution, not 
 to the penalty ; an heir may be compelled to make restitution of a 
 sum unlawfully appropriated by the ancestor, but is not answerable 
 criminally, as for a penalty. In retallia: in retail ; by retail. In 
 
IN. 379 
 
 roberia: in or by robbery. In scrinio jndicis: in the writing-case 
 of the judge ; among tlie judge's papers. In separali: in several ; 
 in severalty. In seysina: in seisin ; in actual possession of lands. 
 In simplici peregrinatione: in simple pilgrimage, — a phrase in the 
 old law of essoins. In subsidium: in aid. In sninma: on the 
 whole ; to sum all up. In superllcie: in the surface. In suspense: 
 in suspense. In tarn amplo modo: in as ample a manner. In tan- 
 tnm: in so much ; so much ; so far. 
 
 In Scots lata. In causa: in the cause, as distinguished from in ini- 
 tialibus. In initialibus: in the preliminaries, — applied to the pre- 
 liminary examination of a witness as to whether he knows the 
 parties, has ill-will to either, has any interest, etc. In medio: inter- 
 mediate, — a term applied to a fund held between parties litigant. 
 In mora: in default; in delay, — applied to a creditor who has begun 
 without completing diligence necessary for attaching the property 
 of his debtor. 
 
 In the dvillaw. In articulo: in a moment ; immediately. In bonis: 
 among the goods, or property ; in actual possession ; — defuncti: 
 among the goods of the deceased. In capita: to, or among heads 
 or individuals ; according to the number of persons. In commo- 
 dato liaic pactio, ne dolus prsestetur, rata non est: in the contract 
 of loan, a stipulation not to be liable for fraud is not valid. In con- 
 tractibus: in contracts; — benigna; in testamentis, benignior; in 
 restitutionibns benignissima interpretatio facienda est: in con- 
 tracts, the construction is to be liberal ; in wills, more liberal ; in 
 restitutions, most liberal; — rei Veritas potius quam scrlptura 
 perspici debet: in contracts, the truth of the matter ought to be re- 
 garded rather than the writing. In contrahenda venditione, ain- 
 bigunm pactum contra venditorein interpretandum est: in the 
 contract of sale, an ambiguous agreement is to be interpreted against 
 the seller. In conventionibus contralientium, voluntatem potius 
 quam verba spectari placuit: in the agreements of contracting 
 parties, the rule is to regard the intention rather than the words. 
 In dnbiis benigniora prseferenda sunt: in doubtful cases, the 
 more favorable views are to be preferred : the more liberal inter- 
 pretation is to be followed. In eo quod pins sit, semper inest et 
 minus: in the greater is always included the less also. In genere: 
 in kind; of thesamekind; generically. In judicio: beforeajudeaj or 
 judge ; in the course of actual trial ; in or before a court In jus vo- 
 care: to call, cite or summon to court In jus voeando: summoning 
 to court In nialeflciis voluntas spectatur, non exitus: in offenses, 
 the intent is regarded, not the consequence. In maleflcio ratiliabitio 
 mandato comparatur: in a case of malfeasance, ratification is 
 equivalent to command. In mora: in default; literally, in delay, — ap- 
 plied to a borrower who does not return the thing borrowed at the 
 proper time. In obscnris: in obscure cases ; — Inspici solere quod 
 
380 IN — INCENDIUM. 
 
 Terisimilius est, ant qnod plernmqae fieri solet: in obscure cases, 
 we usually look at what is most probable, or what most commonly 
 happens ; — quod minimum est seqnimur: in obscure or doubtful 
 cases, we follow that which is the least In omnibus: in all ; — obli- 
 gationibns in qnibus dies non ponitur, praesenti die debetur: in 
 all obligations in which a date is not put, the debt is due on the 
 present day ; the liability accrues immediately ; — [fere] poenalibus 
 judiciis, et setati et imprudentix succurritur: in nearly all penal 
 judgments, immaturity of age and imbecility of mind are favored ; 
 — quidem, maxime tamen in jure, %quitas spectanda sit: in all 
 things, but especially in law, equity is to be regarded. In poenalibus 
 causis, benignius interpretandum est: in penal causes or cases, 
 the more favorable interpretation should be adopted. In potestate 
 parentis: in the power of a parent In re: in a thing ; — dubia, 
 benigniorem interpretationem seqni, non minus justins est 
 qnam tntins: in a doubtful matter, to follow the more liberal 
 interpretation is not less the juster than the safer course ; — pari, 
 potiorem causam esse prohibentis constat: in a thing equally 
 shared [by several], it is clear that the party refusing [to permit the 
 use of it] has the better cause. In simplum: for the simple or sin- 
 gle value. In stlpulationibus: in stipulations; — id tempus spec- 
 tator quo contraliinius: in stipulations, the time when we contract 
 is regarded ; — quum quaeritur quid actum sit, verba contra 
 stipulatorem interpretanda sunt: in stipulations or contracts, when 
 there arises a question as to what was actually done, the words are 
 to be interpreted against the stipulator. In toto et pars con- 
 tinetur: in the whole, the part also is contained. 
 
 Inactitare, I. In old English law. To enact Inactitatns, inactitatum: 
 enacted. 
 
 In%diflcatio, I. In the civil law. Building on ; building on one's land 
 with another's materials ; building on another's land with one's own 
 materials. 
 
 Inantea, I. I. From this day forth. 
 
 Inbladare, I. I. In old English law. To plant or sow. Inbladatio: 
 sowing. 
 
 Inborh, inborow, sax. In old English law. A pledge for persons 
 going in. Inborh and outborh: a pledge for persons going in and 
 out 
 
 Inbreviare, 1. 1. In old English law. To take a short account in writ- 
 ing ; to inventory. 
 
 Incapacity. Want of capacity ; want of legal ability. 
 
 Incendiary. One who wilfully and maliciously sets fire to the house of 
 another. 
 
 Incendinm, 2. In the civil law. Afire; a conflagration. Incendinm 
 sere alieno non exnit debitorem: a fire does not release a debtor 
 from his debt 
 
INCERTA — INCOME. 381 
 
 Incerta, I. Uncertain ; doubtful. Incerta persona: an uncertain per- 
 son ; a person not particularly named or designated. Incerta pro 
 nuUis liabentur: uncertain things are held for nothing. 
 
 Incei'ti nominis et temporis, I. Of uncertain name and date,— a 
 phrase applied to cases in the old reports. Incerti temporis: of un- 
 certain time or date,— a title given to some English statutes enacted 
 between Magna Charta and the reign of Edward IIL 
 
 Incertltudo, I. I. In old English law. Uncertainty. 
 
 Incertus, incerta, incertuni, Z. Uncertain ; doubtful ; not known. In- 
 certus possessor est quern ignoramus: an uncertain possessor is 
 one whom we know not 
 
 Incest. Sexual intercourse between persons who, by reason of con- 
 sanguinity or alBnity, cannot lawfully be united. 
 
 Inchoate. Begun; incipient; incomplete. Inchoate dower: the in- 
 terest of a wife in the land of her husband during his life-time. 
 
 Incident. Belonging or appertaining to; depending upon something 
 more worthy or important 
 
 Incidere, I In the civil and old English law. To fall into ; to fall 
 out ; to happen ; to fall upon or under; to become subject or liable 
 to. Incidei'e in legem: to incur the penalty of a law. Incidere in 
 misericordiam: to fall into mercy ; to become liable to amercement 
 
 Incipitur, L I. It is begun ; a term applied, in English practice, to an 
 entry on the roll in an action by giving merely the commencement 
 - of the pleadings or other proceedings. 
 
 InciTile, I. Against legal propriety, rule or order; irregular. Incivile 
 est, nisi tota lege perspecta, una aliqua particnla ejus proposita, 
 jndicare, vel respondere: it is improper, -without looking at the 
 ■whole of a law, to give judgment or advice, upon a view of any 
 one clause of it InciTile est, nisi tota sententia inspecta, de 
 aliqna parte judicare: it is irregular, or legally improper, to pass 
 an opinion upon any part of a sentence, without examining the 
 whole. 
 
 Inclamare, I. I. In old European law. To cry out for a person, as a 
 crier does in court ; to summon to court Inclamatns: proclaimed ; 
 summoned by proclamation. 
 
 Inclanstrum, I I. In old English law. An enclosure ; the enclosure or 
 circuit of a monastery. 
 
 Inclose. To shut up. 
 
 Inclusio, I. In the civil law. A shutting in ; an enclosing ; inclusion. 
 Inclusio unins est exclusio alterins: the inclusion of one is the 
 exclusion of another. 
 
 Incola, 2, In the civil law. An inhabitant; a dweller or resident; 
 properly, one who has transferred his domicil to any country. 
 
 Income. In a strict sense, that which comes in, or is received from, a 
 business or investment, without reference to expenditures; in a 
 looser sense, profits. 
 
382 INCOMMODUM — INCUMBRANCER 
 
 Incommodnm, I. In the civil and old English law. Disadvantage ; loss. 
 
 Incompatible. Legally inconsistent; incapable of legal union in the 
 same person. Applied to offices. 
 
 Incompetency. Want of competency, — applied to evidence. 
 
 Inconclnsivc. Not conclusive ; that may be disputed or rebutted. Ap- 
 plied to presumptions. 
 
 Inconsulto, I. In the civil law. Unadvisedly ; unintentionally. 
 
 Incontinent!, I, Incontinent, I, fr. Forthwith ; immediately ; incon- 
 tinently. 
 In the civil law. The .word did not always import instantaneous suc- 
 cession, but admitted of the existence of a moderate interval. 
 
 Incoi'poralis, I. In the civil and old English law. Incorporeal; not 
 material ; not having a body or substance. Incorporalia bello non 
 , adquiruntnr: incorporeal things are not acquired by war. 
 
 Incorporamus, I. I We incorporate. One of the words used in Eng- 
 land in creating a corporation. 
 
 Incorporare, II. In old English law. To give a body to ; to incorpo- 
 rate. 
 
 Incorporation. The forming into a body ; the creation of an artificial 
 body having perpetual succession ; a corporation. 
 
 Incorporeal. Having no body, or corpus; not material, or tangible ; 
 not an object of sense, but existing only in contemplation of law^. 
 Incorporeal chattels: a class of incorporeal rights growing out of, 
 or incident to things personal. Incorporeal hereditament: in a large 
 sense, any possession or subject of property, whether real or per- 
 sonal, capable of being transmitted to heirs, and not the object of 
 the bodily senses ; in a narrower sense, a right annexed to, or issu- 
 ing out of, or exercisable within a corporeal hereditament, or land. 
 
 Increase. Produce of land ; offspring or issue of animals. 
 
 Incrementum, I. In old English law. Increase ; an advance in rent ; 
 an additional payment ; a parcel of land enclosed out of common or 
 waste ground. Incrementa: additions ; increase of land by the sea. 
 
 Incroch. In old English law. To draw to one, as with a hook ; to 
 usurp. 
 
 Inculpate. To impute blame or guilt ; to accuse. 
 
 Inculpatory. Tending to establish guilt; intended to establish guilt; 
 criminative. Applied to evidence. 
 
 Incumbent. Jn English ecclesiastical law. A clerk who is resident on 
 his benefice, with cure. The word is now applied also to civil officers, 
 to describe the person in present possession of an office. 
 
 Incumbere, I. To lie or rest upon ; to lie or bend over a thing, as over 
 a task ; to apply one's self vigorously ; to possess or preserva 
 
 Incumbramentum, I. I. In old English law. An incumbranca 
 
 Incumbrance. A charge upon property ; a legal claim or lien upon an 
 estate. 
 
 Incumbrancer. One who holds an incumbrance, such as a mortgage. 
 
INCUMBRARE — INDENTURE. 383 
 
 Incumbrare, 1. 1 In old English law. To incumbei: 
 
 Incurrere, U I To run or fall against, or into ; to become liable to ; to 
 incur. 
 
 Inde, 1 1 Thereof ; therefrom ; thereupon ; therefore ; therewith ; of that 
 thing. 
 
 Indebitatus, I. I Indebted. Indebitatus assumpsit: being indebted,' 
 he undertook, — the emphatic words of the old common counts in 
 assumpsit; the name given to the action in which such counts were 
 employed. 
 
 Indebiti solutio, I. In the civil and Scots law. The payment of what 
 is not due. 
 
 Indebitum, I. In the ciml law. Not due, or owing. 
 
 Indecimable. In old English law. Not liable to pay tithes ; not tith- 
 able. 
 
 Indefeasible, iudefeisible. That which cannot be defeated, undone, or 
 made void. 
 
 Indefensus, 1 1 In old English law. Undefended ; undenied by pleading ; 
 a defendant who makes no defense or plea. 
 
 Indefinite. Indeterminate; uncertain; unbounded; unlimited; unde- 
 fined. Indefinite failure of issue: a failure of issue not merely at 
 the death of the party whose issue are referred to, but at any subse- 
 quent period, however remote. 
 In Scots law. Indefinite payment: payment without specification of 
 the debt to which the debtor means to have the payment applied. 
 
 Indeflnitum, I. I. Indefinite; undefined; without specification, or par- 
 ticular designation. Indeflnitum gequipollet universali: the un- 
 defined is equivalent to the universal or whole. Indeflnitum 
 sapplet locum universalis: the undefined or general supplies the 
 place of the whole. 
 
 Indemnify. To make or save harmless ; to secure against loss or dam- 
 age ; to make good ; to reimburse to one what he has lost 
 
 Indemnis, I. Without loss, damage or harm; unharmed; one who 
 experiences no loss, or is affected by no loss. 
 
 1 ndemnity. Security against loss ; security against loss or liability from 
 any future act or occurrence ; security against loss or liability in 
 consequence of an act already done, or any past occurrence. 
 
 Indent. Literally, to make in teeth ; to cut in the form of teeth ; in 
 old conveyancing, to cut through parchment or paper in a line com- 
 posed of a series of uniform points or angles like the teeth of a 
 saw ; in modern conveyancing, to cut in a waving line the edge 
 or margin of the paper or parchment on which an indenture is 
 , written ; to bind by indenture ; to bind as an apprentice. Indented: 
 bound by indenture; 
 
 Indenture. In old conveyancing, a writing containing a conveyance, 
 contract or covenant between two or more persons, executed in parts 
 and indented at the top or side in severing one part from another. 
 
38 i INDENTUEE - INDIVIDUUIL 
 
 by cutting (through words, as the word chirographum, written along 
 the line of division), in a serrated line ; in modern conveyancing, a 
 deed of conveyance, expressed to be made between parties, or a deed 
 of conveyance indented or cut at the top in a serrated or waving 
 line ; a contract in two parts in which a person is bound to serve 
 another in his trade or occupation on condition of being instructed 
 in the sama 
 
 Independent covenants. Covenants in an instrument which are inde- 
 pendent of each other, or the performance of one of which does not 
 depend upon the performance of the other. 
 
 Independenter se habet assecuratio a viaggio navis, I The voyage 
 insured is a distinct thing from the voyage of the ship. 
 
 Index animi sermo, I. Speech is the index of the mind or thought ; 
 language is the exponent of intention. 
 
 Indicare, I. I. In the civil law. To show or discover ; to fix or tell the 
 price of a thing ; to accuse. 
 
 Indication. A sign or token; a fact pointing to some inference or 
 conclusion. 
 
 Indicavit, I I. In English law. A writ of prohibition that lies for a 
 patron, whose clerk is sued in the spiritual court by the clerk of an- 
 other patron, for tithes amounting to a fourth part of the value of 
 the living. So called from the emphatic word of the old Latin form. 
 
 Indicia, I. Signs ; marks ; badges ; facte proved as pointing to facte 
 sought. Indicia indubitata quse fldein extorquent: undoubted 
 tokens which extort belief. Indiciis luce clarioribus: by indica- 
 tions clearer than light 
 
 Indicium, I In the civil law. A sign or mark ; a species of proof, an- 
 swering very nearly to the circumstantial evidence of the common 
 law. 
 
 Indict. To accuse by the finding or presentment of a grand jury. 
 
 Indictamentnm, 2. I. In old English law. An indictments 
 
 Indictare, 1. 1. In old English law. To indict Indictatns: indicted. 
 
 Indictio, {. In old public law. A declaration ; a proclamation. In- 
 dictio belli: a declaration or indictment of war. 
 
 Indictment. A written accusation of one or more persons of a crime 
 or misdemeanor, preferred to and presented upon oath by a grand 
 jury. 
 
 Indifferent. Impartial; disinterested. 
 
 Indigena, I In old English law. A subject born* one born within 
 the realm, or naturalized by act of parliament 
 
 Indilate, I. I. In old English law. Without delay. , 
 
 Indirect evidence. Evidence which goes to prove a fact, by establish- 
 ing otheir or subordinate facts, from which the principal fact may 
 be inferred. 
 
 luditec, I. fr. In old English law. A person indicted. 
 
 Indiridnnm, I. In the civil law. That cannot be divided. 
 
INDIVISUM — INDUCLE. 385 
 
 IndiTisum, L Undivided ; that which two hold in common without par- 
 tition. 
 
 Indominicatus, ini(miinicatnm,lLIn fetidal and old European law. In 
 demesne ; reserved for the use of the lord. 
 
 Indorsamentuin, I. I. In old English law. Indorsement; an indorse- 
 ment ; a writing on the back. 
 
 Indorsare, I. I. In old English law. To put or write on the back ; to 
 indorse. Indorsavit: he indorsed. Indorsatum: indorsed. 
 
 Indorse, endorse. To put on the back ; to write on the back ; to write 
 one's name on the back of a bill of exchange, promissory note or 
 check, with or without other words ; to transfer by such writing ; 
 less properly, to write one's name on such a writing, or on another 
 paper annexed to it 
 
 Indorsee, endorsee, Indossatarius, I. I. The person in whose favor a 
 biU, note or check is indorsed ; the person to whom it is transferred 
 by the indorsement of the payee, or any previous holder. 
 
 Indorsement, endorsement. Any writing on the back of an instru- 
 ment or paper ; a writing on the back of a paper or parchment con- 
 taining another writing ; the writing of one's name on the back of 
 a bill, note or check ; the writing of the name of the payee, or holder 
 of a bill, note or check on the back of it, by which the property in 
 it is assigned and transferred ; the writing of the name of the payee 
 or holder of a bill or note on th&-f ace of it, or on another paper an- 
 nexed to it. Indorsement for accommodation: an indorsement 
 which is in effect a loan of the indorsei-'s credit without considera- 
 tion. Indorsement In blank: an indorsement consisting merely of 
 the signature of the party making it Indorsement in full: an in- 
 dorsement which states th« name of the person in whose favor it is 
 made. Qaalifted indorsement: an indorsement which limits or 
 modifies the ordinary liability of the indorser. Restrictive indorse- 
 ment: an indorsement which restrains negotiability to a particular 
 person or for a particular purpose. 
 
 Indorser, endorser, Indossans, I. I. The person by whom a biU, note 
 or check is indorsed, 
 
 Indossamentum, I. I. Indorsement ; an indorsement 
 
 Inducement. Introduction ; a leading to, or bringing in ; that which 
 leads to the commission of crime ; motive. 
 
 Indncise, I. In old maritime law, a period of twenty days after the 
 safe arrival of a vessel under bottomry, to dispose of the cargo, and 
 raise the money to pay the creditor. In international law, a sus- 
 pension of hostilities ; a truce. 
 In old English law. Delay or indulgence allowed a party to an action ; 
 
 further time to appear in a cause. 
 In Seats law. Time allowed for the performance of an act ; time to 
 appear to a citation ; time to collect evidence or prepare a defense. 
 ■25 
 
386 ' INDUCTIO — INFEFT. 
 
 Inductio, I. In the civil law. Obliteration, by drawing the pen or stylus 
 over the writing. 
 
 Indnction. In English ecclesiastical law. The giving of a clerk or par- 
 son corporal possession of a church, by leading him into it, and de- 
 livering him the keys, and by his tolling a bell, or the like, to show 
 that he has taken possession. 
 
 Indnstrialis, I In the civil law. Industrial ; produced by industry. 
 
 Inesse, I. To be in ; to be inherent in ; to be a component part of. 
 
 Inest de jure, Z. It is implied by law. 
 
 Ineyitable accident. An accident produced by any physical cause 
 which is inevitable, such as lightning, storms, perils of the sea, 
 inundation, earthquake, sudden death or illnesa 
 
 Infalistatus, /. I. In old English law. A punishment by exposing upon 
 the sands, or sea shore.* 
 
 Infamare, 2. In the civil law. To defame ; to attack or injure one's 
 character by word or writing. 
 
 Infamia, Z. An evil report; ignominy or disgrace. Infamia facti: 
 general bad character. Infamia jnris: infamy arising from legal 
 conviction of crime. 
 
 Infamis, Z. Without character or reputation ; not of good character ; 
 infamous. 
 
 Infamous crime. A crime which formerly incapitated a person com- 
 mitting it from giving evidence as a witness; such as treason, 
 prcemunire, felony, and every species of the crimen falsi, as per- 
 jury, forgery, and the like.' 
 
 Infamy. The condition of being without honor, repute or character ; 
 disqualification by conviction of some infamous offense to testify as 
 a witness or sit as a juror. 
 
 Infanc, intang, saa^ In old European law. A laying on of hands. 
 
 Infancy. The status of an infant ; nonage, or minority. 
 
 Infangthefe, infangtiieof, infangthef, infangethef, infangenthef, in- 
 fongenthet, infangenetheof, sax. In old English law. A thief 
 taken in, or within ; i, e. within the manor or liberty of any man 
 having jurisdiction to try him ; a privilege granted to lords of cer- 
 tain manors, to try such offenders. 
 
 Infans, L In the civil law. A child under the age of seven years ; so 
 called as not having the faculty of speech. Infans non multum a 
 fnrioso distat: an infant is not far removed from [not very unlike] 
 a madman. 
 
 Infant. A person not of full age ; a person under the age of legal ca- 
 pacity ; a minor. 
 
 Infantia, I. In the civil law. The age from birth till the completion 
 of seven years. 
 
 Infanticide. The murder of a newly born infant 
 
 Infelt In Scots law. To give seisin or possession of lands ; to enfeoff. 
 
INFEFTMENT— INFORMATION. 387 
 
 Infeftment. In old Scots lav\ Investiture or infeudation, including 
 both charter and seisin. 
 
 Infeodare, infendare, /. I. To confer or bestow a fief, feud, or fee ; to 
 enfeoff. 
 
 Infeodatio, l, Infeodation, infeadation. Enfeoffment Infeodatlon 
 of tithes: the granting of tithes to laymen. 
 
 Inference. A process of reasoning, by which one fact is deduced from 
 another ; the conclusion arrived at by such process. 
 
 Inferential. Operating in the way of inference ; argumentative. Ap- 
 plied to presumptive evidence. 
 
 Inflciari, intltiari, I. In the civil law. To deny ; to deny one's liabil- 
 ity ; to refuse to pay a debt or restore a pledge ; to deny an allega- 
 tion' or a charge. 
 
 Inflciatio, I. In the civil law. Denial ; the denial of a debt or liability ; 
 the denial of the claim or allegation of a party plaintiff. 
 
 Inflciator, infltiator, I. In the civil law. One who denies ; one who 
 denies that he owes what is claimed, or has committed that of which 
 he is accused. 
 
 Infldelis, I In old English law. An infidel or heathen. 
 In feudal law. An unfaithful person ; one who has violated his oath 
 of fealty. 
 
 Inlldelitas, 2. In feudal law. Infidelity; faithlessness to one's feudal 
 oath. 
 
 Infiduciare, Z, 2. In old European law. -To pledge property. 
 
 Inflht, sax. An assault made on a person inhabiting the same dwelling. 
 
 Inflnitnm, 2. Without end or limit ; unlimited ; undefined. Infinitum 
 in jure reprobatnr: that which is endless is reprobated in law. 
 
 Inilrmare, I. To invalidate ; to deprive of strength or forca 
 
 Inflrmative. Having the quality of diminishing force ; having a tend- 
 ency to weaken or render infirm. Inflrmative consideration: a 
 hypothesis of which the criminative facts of a case admit, and 
 which tends to weaken the inference of guUt deducible from them. 
 Inflrmative fact: a fact set up, proved or supposed, in opposition to 
 the criminative facts of a case, the tendency of which' is to weaken 
 the force of the inference of guilt deducible from them. Inflrm- 
 ative hypothesis: a hypothesis upon which the criminative facts 
 of a case may be explained consistently with the idea of innocence. 
 
 Inflscarl, I. I. In old European law. To be adjudged to the exchequer ; 
 to be seized for the public treasury ; to be confiscated. 
 
 Information. A proceeding in behalf of the sovereign, used both as a crim- 
 inal prosecution and as a civil remedy in chancery, and, in England, 
 in the court of exchequer, and by way of information in the nature 
 of a writ of quo warranto, the latter being most commonly used as 
 a private remedy to try the right to an oflSce or franchise. So called 
 because founded on information given or supposed to be given by 
 the proper law oflBcer of the government 
 
388 INFORM ATU8 — INGRESSUS. 
 
 Informatns, I. I. Informed, v. Non sum, etc. 
 
 Informer, Informator, 1, 1 One who informs against another for thii 
 violation of some penal statute. 
 
 Infortiare, I. I. To strengthen or fortify ; to increase, or enlarge, 
 
 Infortiatn^, I. I. The name given by the glossators to the second of 
 the three parts or volumes of the Pandects. 
 
 Infortunium, I. In old English law. Misfortune ; misadventure. 
 
 Infra, I. Below ; under ; underneath. This, strictly, is the proper mean- 
 ing of the word, but by a corruption of ancient date, it has been used 
 in many phrases in place of intra, in the sense of within. Infra 
 setatem: below or under age ; within age. Infra corpus comita- 
 tus: within the body of a county, — a term applied to waters over 
 which the admiralty has no jurisdiction. Infra jurisdictionem: 
 within the jurisdiction. Infra quatuor maria: within the four 
 seas. Infra quatuor parietes: within four walls. Infra reg'num: 
 within the realm. Infra sex annos: within six years. 
 In old Englfsh law. Infra annos nubiles: under or within marriage- 
 able years ; not of a marriageable, age. Infra annum: under or 
 within a year ; — luctus: within the year of mourning. Infra 
 brachia: within her arms, — a term anciently used to denote a hus- 
 band not only de jure, but de facto. Infra ciyitatem: within the 
 stata Infra comitatum vel extra: within a county or without 
 Infra dignitatem curiae: beneath the dignity of the court, — applied 
 to cases where a suit is too trifling to be entertained. Infra furo- 
 rem: while in a state of insanity. Infra hospitium: within an 
 inn. Infra libertates vel extra: within liberties or without. Infra 
 ligeantiam reges: within the king's ligeance. Infra maneria: 
 within the manors. Infra metas: within the bounds or limits; 
 — et divisas: within the metes and bounds ; — forestse: within the 
 bounds of the forest ; — hospitii: within the limits of the Iiouse- 
 hold ; within the verge. Infra pr%sidia: within the guards ; in a 
 place of protection. Infra tempus semestre: within six months. 
 Infra tridnum: within three days. Infra virgam: within the verge. 
 
 Ingen, ingene, engin, I. fr. Deceit ; fraud ; wrong. 
 
 Ingennitas regni, 2. 2. In old English law. The freemen, yeonianry or 
 commonalty of the kingdom. 
 
 Ingenuus, I. I. In the eivil law. One who is free from the moment of 
 his birth ; one who is born in marriage of parents who are both free 
 or both freed, or of parents, one free, the other freed ; one who is 
 born of a free mother. 
 In old European law. A freeman ; a yeoman. 
 
 Ingress. Entry ; a going into or upon. Ingress, egress and regress: 
 entry, exit and return, — words used to express the right of a party 
 to go upon, off, and to return to lands. 
 
 Ingressus, I. In old English law. Ingress. Ingressns et egressns: in- 
 gress and egress ; liberty of going into and out of land. 
 
INGEOSSAEE — INJUNCTION. 389 
 
 Iiig^;ossare, I. I In old English law. To engross. 
 
 Ingrossator, I. I. In old English law. An engrosser. Iiigrossator 
 magni rotnli: ingrosser of the great roll ; afterwards called clerk 
 of the pipe. 
 
 Inhabitaut. A dweller in a place; one who dwells or resides perma- 
 nently in a place, v. Resident, 
 
 Inherit. To take as heir, on the death of the ancestor ; to take by in- 
 heritance. 
 
 Inheritable blood. Blood which gives to the person who has it the 
 character of heir, or which may be the medium of transmitting an 
 estate of inheritance; blood which has an inheritable quality. 
 
 Inheritance. An estate which one has by descent, as heir to another, 
 or which, however acquired, he may transmit to another, as his heir. 
 
 Inhibition. In English ecclesiastical law. A writ from a higher 
 ecclesiastical court to forbid an inferior from further proceeding in 
 a cause. 
 In Scots law. A species of process by which a debtor is prohibited 
 from contracting any debts or granting any deed of alienation, etc., 
 to the prejudice of the creditor ; a writ to prevent credit from being 
 given to a man's wife. 
 
 Iniquity. In Scots law. A term applied to the decision of an inferior 
 judge who has decided contrary to law, and who is said to have 
 committed iniquity. 
 
 Iniqnnm, I. I Unjust ; unequal : inequitable ; not right. Iniquum est: 
 it is unjust; — alios permittere, alios inhibere mercaturam: it 
 is unjust to permit trade to some, and to inhibit it to others ; — all- 
 qnem rei sni esse judicem: it is wrong for a man to be a judge in 
 his own cause ; — ingenuis hominibns non esse liberam rernm 
 snarnm alienationem: it is unjust that freemen should not have 
 the free disposal of their own property. 
 
 Initial. That which begins, or stands at the beginning ; the first letter 
 of a name. 
 
 Initialia testimonii, 1. 1. In Scots law. PrelimiuEiries of testimony ; 
 the preliminary examination of a witness, corresponding to the voir 
 dire of the English law. 
 
 Initiate. Begun. Initiate curtesy: the interest of a husband in the 
 lands of the wife, begun upon the birth of a child capable of inherit- 
 ing, and continuing until the death of the wife, when it becomes 
 consummate or complete. 
 
 Initinm, I. A, or the, beginning ; the origin, cause or foundation of a 
 thing. 
 
 Injecture, I. fr. A laying on. Injecture le mains: laying hands on. 
 
 Injunction. A prohibitory writ in the nature of an interdictum, in the 
 civil law, granted by a court of equity in a variety of cases, to re- 
 strain the adverse party in the suit from doing or suffering a certain 
 act. Common injunction: an injunction granted upon default. 
 
390 INJUNCTION — INMATE. 
 
 Mandatory injunction: an injunction which forbids a parfy to 
 allow the continuance of a thing, and thus amounts to a command 
 to remove it. Perpetual or final injunction: an injunction granted 
 as a means of permanent relief at the end of the suit and forever 
 prohibiting the doing or continuing of the act in question. Prelimi- 
 nary or provisional Injunction: an injunction granted at the be- 
 ginning of a suit to restrain action on the part of the aid verse party 
 peTidente lite. 
 
 Injuria, I. Injury ; wrong ; the privation or violation of right In- 
 juria est quicquid non jure fit: injury is whatever is not done 
 rightfully. Injuria non prsesumitur: injury is not presumed. In- 
 juria propria non cadat in beneflcium f'acientis: one's own wrong 
 shall not fall to the advantage of him that does it. 
 
 Injuriare, 1. I. In old English law. To injura lujuriatum: injured. 
 
 Injuriosnm, I. I In old English law. Injurious; wrongful; that oc- 
 casions a wrong or injury. 
 
 Injury. Wrong; the privation or violation of right 
 
 Injaste, I. Unjustly. 
 
 Injustus, /. Unjust ; wrong. > Injustum est, nisi tota lege inspecta, 
 de una aliqua ejus particula proposita jndicare vel respondere: 
 it is wrong to decide or give an answer upon any part of a law with- 
 out examining the whole of it 
 
 Inlagare, I. I In old English law. ,To restore to the law ; to restore an 
 outlaw or exile to the protection of the law. 
 
 Inlagary. In old English law. A restitution of one outlawed to the 
 pi'otection of the law, or to th^ benefit or liberty of a subject 
 
 Inlagatns, I. I. In old English law. In-law ; one who was under pro- 
 tection of the law, in some frank-pledge or decennary. 
 
 Inlaghe, sax. In old English law. In-law, subject to the law. 
 
 Inland, sax. In old English law. The demesne land of a manor ; that 
 part which lay next, or most convenient to, the lord's mansion house, 
 and which he kept in his own hands for support of his family and 
 hospitality. 
 
 Inland. Within a country, state or territory; within the same coun- 
 try. Inland bill: a bill of exchange drawn upon a person residing 
 in the same state or country with the drawer. 
 
 Inlauglie, sax. In old English law. Under the law, in a frank-pledge, 
 or decennary. 
 
 In-laiT. In old English law. To place under the protection of the law. 
 
 Inleased. Tn old English law. Entangled, or ensnared. 
 
 Inlegiare, I. I. In old English law. To restore to the favor of the law 
 by satisfying its demands. 
 
 Inmate. A person who lodges or dwells in the same house with an- 
 other, occupying different rooms, but using the same door for pass- 
 ing in and out of the house. 
 
INN — INQUIRY. 391 
 
 Inn. A house for the lodging and entertainment of travellers ; a house 
 where travellers are furnished with whatever they have occasion 
 for while on their way. 
 
 lunamum, innaina, 1. 1. In old English law. Things taken in ; animals 
 taken in to feed or pasture. 
 
 Innavigable. Not navigable; applied to a vessel which, by peril of the 
 sea, has ceased to be navigable. 
 
 Innavigability. The condition of being innavigable. 
 
 Innkeeper. One who keeps an inn. 
 
 Innocence. Freedom from guilt 
 
 Innominate. Iri the civil law. Not named or classed ; belonging to no 
 specific class. 
 
 Innonia, 1. 1 In old English law. A close or enclosure. 
 
 Innotescimus, 1 1. We make known. 
 
 Innovation. In Scots law. The exchange of one obligation for another. 
 
 Inns of chancery. In England, formerly, preparatory colleges for 
 students of the law. They are Barnard's Inn, Clifford's Inn, Clem- 
 ent's Inn, New Inn and Staple Inn ; formerly, also Fumival's Inn, 
 Jjyon's Inn, the Strand Inn, Thavies Inn, and Serjeant's Inn. They 
 were inhabited by clerks in chancery, attorneys, etc. Inns of court: 
 the four law societies of the Middle Temple, Inner Temple, Lincoln's 
 Inn, and Gray's Inn, which possess the exclusive privilege of con- 
 ferring the degree of barrister at law. 
 
 Innuendo, 1. 1. Signifying ; meaning. An emphatic word in the old Latin 
 declarations in slander and libel, retained in modern practice as 
 the name of the whole clause in which the application of the slan- 
 derous or libellous matter is explained, or pointed out 
 
 Inofflciosnm, I In tM civil law. Undutiful; contrary to, or not in 
 accordance with flsural duty. Inofilciosnm testamentnm: an un- 
 natural will ; a w^^ which the claims of near relationship are dis- 
 regarded. 
 
 Inops consilii, I Destitute of counsel ; without the aid of counsel 
 
 Inpeny and outpeny. In old English law. A customary payment of a 
 penny on entering into and going out of a tenancy. 
 
 Inqnest, Inqnsestio, /. I. A judicial inquiry, or examination ; an inquiry 
 into a matter, by a jury summoned for the purpose ; a jury ; the 
 finding of a jury in a civil case, ex parte. 
 In English law. Inquest of office: an inquiry made by the king's 
 officer, sheriff, coroner or escheator, virtute officii, or by writ sent to 
 him for that purpose, or by commissioners specially appointed, con- 
 cerning any matter that entitles the king to the possession of lands 
 or tenements, goods or chattels. 
 
 Inquiry^ writ of. A judicial writ issued in certain actions, where a de- 
 fendant has suffered judgment by default, for the purpose of ascer- 
 taining and assessing the damages, in cases where they are not 
 ascertained, nor ascertainable by mere calculation. 
 
392 INQUISITIO — INSOLVENCY. 
 
 Inquisitio, I In old English law. An inquisition or inquest Inqui- 
 sitio patriae: the inquisition of the country ; the ordinary jury, as 
 distinguished from the grand assise. Inqnisitio post mortem: an in- 
 quisition after death ; an inquest, of ofiSce held, on tlie death of a 
 tenant in chivalry, to inquire of what lands he died seised, etc. 
 
 Inquisition. The finding of a jury, especially under a writ of inquiry. 
 
 Inrolment, enrollment. The entry of any act or matter upon a roll. 
 V. Enrollment. 
 
 Insane. Of unsound mind ; mad, deranged, disordered or diseased in 
 mind. ' 
 
 Insanity. Unsoundness of mind ; derangement of intellect ; madness. 
 Emotional insanity: insanity which arises under the impulse of 
 passion in a pei-son in possession of his ordinary faculties. Impnl- 
 siTe insanity: insanity which exists where a person is irresistibly 
 impelled to the commission of an act Moral insanity: the insanity 
 of a mind which, while undisturbed by illusion, is yet without power 
 to regulate the conduct according to the understanding. 
 
 Insanus, I. Insane ; deranged ; mad. Insanus [est] qui, abjecta ra- 
 tione, omnia cum impetu et fnrore facit: an insane person is one 
 who, having lost reason, does every thing with violence and fury. 
 
 Inscribere, I. In the civil law. To subscribe an accusation ; to bind 
 one's self, in case of failure to prove an accusation, to suffer the 
 punishment which otherwise the accused would have suffered. 
 
 Inscriptio, I. In the civil law. A written accusation ; an undertaking, 
 in case of a failure to prove an accusation, to suffer the punishment 
 which otherwise the accused would have suffered. 
 
 Insectator, I. I In old English law. A prosecutor, or adversary at law. 
 
 Insensible. Unintelligible ; without sense or meaning, from the omis- 
 sion of material words, etc. ^^ 
 
 Insidiatio, I. In old English law. A lying if^p,it Insidiatio via- 
 rnm: a lying in wait for one on the highway. Insidiatores Tia- 
 rum: waylayers. 
 
 Insignia, I. Distinctive marks ; characteristics. 
 
 Insimul, L Together ; jointly. Insimnl compntassent, or computas- 
 set: they accounted together, he accounted together, — one of the 
 common counts, otherwise called a count upon an account stated. 
 In old English law. Insimul tenuit: a species of the writ of forme- 
 don in the descender. 
 
 Insinuare, I. In the ciml law. To put into; to insert; to deposit a 
 writing in court ; to make known ; to declare or acknowledge be- 
 fore a judicial oiBcer. 
 
 Insinnatio, I. I. In old English law. Information or suggestion. 
 
 Insolide, I. I. In old English law. Solidly ; without any separation of 
 possession or ownership. 
 
 Insolvency. Inability to pay ; want of solvency ; the state of an in- 
 solvent ; the state of a person who is unable, from want^ of means. 
 
INSOLVENCY — INSTITUTES. 393 
 
 to pay his debts ; strictly, the state of a person, not engaged in trade, 
 ■who is unable to pay his debts, v. Bankruptcy. 
 
 Insolvent. One who cannot or does not pay ; one who is unable to pay 
 his debts ; strictly, a person, not engaged in trade, who is unable to 
 pay his debts, v. Bankruptcy. 
 
 Inspection. An examination ; a looking at ; a view ; an ofScial exam- 
 ination of commodities or manufactures, to ascertain their quality ; 
 an examination of books or of writings not under seal, in the pos- 
 session of the opposite party, which a party may have, on obtaining 
 a rule of court or a judge's order for the purpose. 
 In old English law. A mode of trial, by which the judges of a court 
 decided a point in dispute, upon the testimony of their own senses, 
 without the intervention of a jury. 
 
 Inspeximus, L In old English law. We have inspected ; an exemplifi- 
 cation of letters patent, so called from the emphatic word of the old 
 forms. 
 
 Instance. Solicitation, properly of an earnest or urgent kind. Instance 
 conrt: the ordinary court of admiralty, as distinguished from the 
 prize court, which is held in times of war. 
 
 Instans, 2. {. Instant; an indivisible point of time. Instans est finis 
 unius temporis et principium alterius: an instant is the end of 
 one period of time, and the beginning of another. 
 
 Instanter, I. Instantly ; forthwith ; without any delay, or the allowance 
 of any tima v. Forthwith; Immediately. 
 
 lustantia, L I. In old English law. Despatch ; speedy prosecution. 
 
 Instar, I. Likeness ; the likeness, size or equivalent of a thing. Instar 
 dentium: like teeth. Instar omnium: equivalent or tantamount 
 to all. 
 
 Instanrnm, I. I Jn^K English law. A stock or store of cattle, and 
 other things ; thewBole stock upon a farm, including cattle, wagons, 
 and all implements of husbandry. 
 
 Institor, Z. In the civil law. A person put in charge of a shop, with 
 authority to buy and sell ; a person having charge of buying or 
 selling, at no particular place ; a person entrusted with the trans- 
 action of any particular business. 
 
 Institoria actio, I. In the civil law. An action which lay for those 
 who had contracted with an institor, to compel the principal to 
 perform. 
 
 Instituere, L In old English law. To establish, enact or ordain. 
 In the civil law. To prepare, provide or furnish; to designate as 
 
 an heir ; to appoint as an attorney ; to commence, as an action. 
 In feudal law. To invest or give possession. 
 
 Instltata, 2. Institutes. 
 
 Institate. To commence ; to set on foot 
 
 Institutes of Gains. An elementary work of the Roman jurist Gains, — 
 important as having formed the foundation of the Institutes of 
 
394: INSTITUTES — INTENDERE. 
 
 Justinian. Institutes of Justinian: elements of the Boman law, 
 in four books, compiled by Tribonian, Theophilus and Dorotheus, 
 under direction of the Emperor Justinian, and published in 538 ; one 
 of the principal component parts or general divisions of the Cor- 
 pus Juris Civilis. 
 
 Institutio l, Institution. In English ecclesiastical law. The investi- 
 ture of a clerk by the bishop. 
 
 Instructions. Orders to an agent in relation to the duties of his em- 
 ployment ; written statements of fact for the guidance of attorneys, 
 etc., in the prosecution and defense of actions ; directions to a jury 
 as to the law ^nd their duty in a cause about to be submitted to 
 them for a verdict 
 
 Instrument. A mean or help to the doing of a thing ; a writing, as the 
 means of giving formal expression or effect to some act Instru- 
 ments of evidence: media through which the evidence of facta is 
 conveyed to the minds of the triers. 
 
 Instrumentum, 2. In the dvil law. Furniture ; equipment ; articles 
 provided or necessary for the carrying on of any business, art or 
 occupation ; everything wfth which a cause could be provided ; a 
 contract containing the evidence of some agreement 
 
 Insufficiency. In equity pleading, a defect in an answer consisting 
 of a failure to reply to a specific charge, or material allegation or 
 interrogatory in the bill 
 
 Insnltus, I. In old English law. An assault Insultum fecit et ver- 
 beravit: made an assault, and beat 
 
 Insuper, I. Moreover ; over and above. 
 
 Insurance, assurance. A contract of indemnity against certain risks, 
 for a stipulated consideration. Insurance brffl^er: a broker through 
 whose agency insurance is effected. Insn^&ce company: an as- 
 sociation, x:ommonly incorporated, whose ^Einess it is to insure. 
 V. Double-insurance; Over-insurance; Policy; Re-insurance. 
 
 Insurrection. A rising against civil or political authority ; a rebellion. 
 
 Intakers. In old English law. Thieves inhabiting Eedesdale, on the 
 northern border ; so called because they took in or received such 
 booty as their accomplices, who were called outparters, brought in 
 from Scotland. 
 
 Integer, I. Entire and whole ; untouched, as a thing originally or at 
 first was. V. Res integra. 
 
 Intellectus, I. In old English law. Meaning ; signification. 
 
 Intemperance. The habit of drinking to intoxication when occasion 
 offers, and such that sobriety or abstinence is exceptional 
 
 Intend. To fix the mind upon a thing ; to mean ; to act with a knowl- 
 edge of consequences, and with a determination or willingness to 
 produce such consequences. 
 
 Intendere, I. In old English law. To apply one's self ; to attend dili- 
 gently, as to the duties of an office. 
 In the civil law. To claim at law, or in an action. 
 
INTENDMENT — INTERDICT. 395 
 
 Intendment. TTnderstanding ; judgment; intention. Intendment of 
 law: the understanding or intelligence of the law ; the judgment or 
 meaning of the law ; a presumption of law. 
 
 Intent, intention. Design ; purpose ; determination to act in a particu- 
 lar manner. 
 
 Intentare, L L To prosecute. 
 
 Intentio, I. Intention; design; meaning or purpose. Intentio c%ca 
 mala: a blind or obscure meaning is bad, or ineffectual. Intentio 
 inservire debet leglbus, non leges Intentioni: the intention [of a 
 party] ought to be subservient to [or in accordance with] the laws, 
 not the laws to the intention. Intentio mea imponit nomen operi 
 meo: my intention gives name to my act. 
 In old English law. The plaintiff's or demandant's count, or declara- 
 tion in real actions. 
 Jn the civil law. The formula by which the plaintiff preferred his 
 suit or made his claim against the defendant before the praetor. 
 
 Inter, I. Between ; among. Inter alia: among other things ; — enac- 
 tatnm fnit: among other things it was enacted. Inter alios: be- 
 tween other parties ; — res gestas aliis non posse praejudicium 
 faeere saepe constitutum est: that things done between others can- 
 not prejudice third parties has often been determined. Inter 
 apices juris: among the niceties or subtleties of the law; among 
 the extreme doctrines of the law. Inter bracllia: between her 
 arms. . Inter caeteros: among others ; in a. general clause. Inter 
 canem et lupum: between dog and waif, — anciently used to signify 
 twilight, from the uncertain nature of the light, which rendered it 
 difficult to distinguish one animal from another. Inter conjuges: be- 
 tween husband and wife. Inter pares: between equals. Inter 
 partes: between parts or parties. Inter quatnor parietes: be- 
 tween four walls. Inter rusticos: among the unlearned. Inter se 
 or sese: between or among themselves. Inter yivos: between 
 living persons. 
 
 Intercalare, /. In the civil law. To introduce or insert among or be- 
 tween others ; to intercalate. 
 
 Interealaris, I. In the civil law. Inserted among'others ; additional. 
 
 Intercliangeably. In the way, mode or form of exchange or inter- 
 change. 
 
 Intercommon. To use a common mutually with the inhabitants or 
 tenants of a contiguous township, or manor. 
 
 Intercommoning. A mutual privilege of common between the inhabit- 
 ants or tenants of two or more adjoining townships, or manors. 
 
 Intercourse. Communication ; literally, a running, or passing between 
 persons or places. 
 
 Interdict. In Scots law. An injunction. 
 
 In the civil law. A decree of the praetor, by which he commanded 
 something to be done, or prohibited it from being done, which was 
 
396 INTERDICT — INTERLINEATION. 
 
 chiefly used where a contention arose between parties concerning 
 possession, or quasi possession. Interdicts were of three kinds, — 
 prohibitory, restoratory and exhibitory. 
 In the canon law. Interdict, interdiction: an ecclesiastical censure, 
 prohibiting the administration of divine ordinances, or the perform- 
 ance of religious services. 
 
 Interdictum, I. In the civil law. An interdict; a kind of action. 
 Interdictum Salviannm: the Salvian interdict; a process which 
 lay for the owner of a farm, to obtain possession of goods of his 
 tenant, pledged for the rent 
 
 Interesse, I. In old English Idw. The interest of money, as distin- 
 guished from the principal ; an interest in lands ; an interest in a 
 term for years ; an interest in a suit Interesse termini: an inter- 
 est in a term ; a right to the possession of a term at a future time. 
 
 Interest. Concern; benefit; advantage; participation in benefit; the 
 concern, benefit or advantage which a witness has in the result of 
 the trial ; a sum of money, or other certain profit, paid or allowed 
 by way of compensation for tlie loan or use of another sum ; the 
 most general term that can be used to express a property iu lands or 
 chattels. Interest or no interest: a species of mai-ine insurance, 
 otherwise called wagering, where the insured has in fact no property 
 on board. 
 
 Interest, I. It concerns ; it is for the advantage or benefit Interest 
 (imprimis) reipublicse ut pax in regno conserTetnr, et qusecun- 
 que paci adversentur provide declinentur: it especially con- 
 cerns the state that peace be preserved in the kingdom, and that 
 whatever things are against peace be prudently avoided. Interest 
 reipublicse: it concerns the state ; — ne maleilcia remaneant im- 
 pnnita: it concerns the state that crimes remain not unpunished ; 
 — ne sua quis male utatur: it concerns the state that persons do 
 not misuse their property ; — quod liomines conserventur: it con- 
 cerns the state that [the lives of] men be preserved ; — res jndica- 
 fas uon rescind!: it concerns the state that things adjudicated be 
 not rescinded ; — snprema hominum testamenta rata haberi: it 
 concerns the state that men's last wills be held valid [or allowed to 
 stand] ; — nt carceres sint in tuto: it concerns the state that prisons 
 be safe places of confinement ; — ut sit flnis litium: it concerns the 
 state that there be an end of lawsuits. 
 
 Interfectio, I. In old English law. A kiUing. Interfectio felonica: 
 a felonious killing. 
 
 Interim, I. In the meantime: provisionally. Interim committatur: 
 in the meantime lot him be committed. 
 
 Interlaqueare, I. I. In old English law. To link together, or inter- 
 changeably. 
 
 Interlineation. A writing between lines ; addition to a written instru- 
 ment, by insertion of one or more words between the lines. 
 
INTERLOCUTIO — INTERPRETATIO. 397 
 
 Interlocutio, 1. 1. Imparlance. 
 
 Interlocutor. In Scots law. An order or decree of court; an order 
 made in open court Interlocutor of relevancy: a decree as to the 
 relevancy of a libel or indictment in a criminal case. 
 
 Interlocutory. Intermediate ; something done or determined between 
 the beginning and the end of a suit. Interlocutory costs: costs 
 upon proceedings in the intermediate stages of a cause. Interlocu- 
 tory decree: a preliminary or intermediate decree ; a decree which 
 directs some further proceedings before a final decree can be had. 
 Interlocutory judgment: a preliminary or intermediate judgment ; 
 a judgment upon some plea, proceeding or default, which does not 
 finally determine or complete the suit Interlocutory order: an 
 order made during the progress of a suit, upon some incidental 
 matter. 
 In the civil law. Interlocutory sentence: a sentence upon some in- 
 direct question arising from the principal cause. 
 
 Interloquela, 1 1. Imparlance. 
 
 Interloqultor. In old Scots law. An interlocutory decree or decision. 
 
 Intern. To restrict a person within ^a particular territory as a political 
 prisoner. 
 
 International law. The customary law which determines the rights 
 and regulates the intercourse of nations ; the law of nations. 
 
 Intern uncius, I. A messenger between two parties; a go-between. 
 
 Interplacltare, I. I. To inquire into a point arising' collaterally in a 
 cause, before determining the principal matter ; to interplead. 
 
 Interplead, interplede, enterplede. To settle a question of right to 
 property or money adversely claimed, by litigation between the 
 claimafits, for the security of a third person who holds the property 
 or money, but is in doubt to which party he shall pay or deliver it 
 Jn old English law. To discuss or try a point incidentally arising, be- 
 fore the principal cause can be determined, by making the parties 
 litigate it between them. 
 
 Interpleader. A mode of obtaining the settlement of a question of 
 right to property or money adversely claimed, by compelling the 
 claimants to interplead, i. e. to litigate the title between themselves, 
 for the benefit and relief of a third person of whom they claim. 
 V. Bill in equity. 
 
 Interpretari et concordare leges legibus est optimns interpretandi 
 modus, I. To interpret and [in such a way as] to harmonize laws 
 with laws, is the best mode of interpretation. 
 
 Interpretatio chartarum benigne facienda est ut res magis valeat 
 qnam pereat, I. The interpretation of deeds is to be liberal, that 
 the thing may rather have effect than fail. Interpretatio flenda 
 est ut res valeat: interpretation is to be [so] made that the subject 
 of it may have effect Interpretatio talis in ambiguis semper 
 flenda est, ut- evitetur inconveniens et absurdum: in cases of 
 
398 INTEEPRETATIO — INTESTATUS. 
 
 ambiguity, such an interpretation should always be made that what 
 is inconvenient and absurd may be avoided. 
 
 Interpretation. Explanation or exposition of meaning ; the explana- 
 tion or authoritative declaration of the meaning of an instrument, or 
 of some clause or word in it 
 
 Interrogare, L In old English law. To call or demand a party. 
 In the civil law. To propose a law ; to request its passage ; to move 
 its adoption. 
 
 Interrogatory. A question in writing; one of a set of questions in 
 writing drawn up according to a certain form, for proposal to wit- 
 nesses or to parties, — to witnesses examined out of court, as under a 
 commission issued for the purpose ; to witnesses in courts of equity, 
 and other courts proceeding according to the course of the civil 
 law. 
 
 Interrnptio, L Interruption, — a term used in both the civil and the com- 
 mon law of prescription. Interrnptio multiplex non toUit pre- 
 scriptionem semel obtentam: manifold or repeated interruption 
 does not take away or defeat a prescription once obtained. 
 
 Interruption. In Scots law. The breaking through of that possession 
 on which a presci-iptive title rests. 
 
 Intertiare, interciare, I. I In Saxon law. To vouch to warranty. 
 In old European law. To deliver to a third person ; to vouch a third 
 person ; to sequester. 
 
 Intervallum, I. In old English law. An interval of time or place. 
 V. Lucid interval 
 
 Intervenire, I. In the civil law. To come between ; to-substitute one's 
 self for another ; to assume the obligation of another, or the prose- 
 cution or defense of another's cause ; to intervena 
 
 Intervention. In the civil law, A coming between parties ; the act by 
 which a person, not a party to a suit, but claiming an interest in the 
 subject-matter, interposes and thus makes himself a party to the 
 proceeding. 
 
 Intestabilis, I. In the civil law. That cannot testify ; one whose testi- 
 - mony cannot be received. 
 
 Intestable. Incompetent to make a will. 
 
 Intestacy. The condition of a person who dies without having made a 
 will ; the state of an intestate. 
 
 Intestate. Without a will ; a person who dies without making a will, 
 or a valid will. Quasi intestate: a person who dies leaving a will 
 the executors of which refuse to act 
 
 Intestato, I. In the civil law. Intestate ; without a wilL 
 
 Intestatus, I In the civil and old English law. One who dies without 
 a will ; an intestate. Intestatus decedit, qui aut omnino testa- 
 mentum non fecit, aut non jure fecit, aut id quod fecerat ruptum 
 irritumve factum est, aut nemo ex eo hseres extitit: a man 
 dies intestate who either has not made any will at all, or has not 
 
INTESTATUS — INVADIATUS. 399 
 
 made it in due form of law, or if the will which he has made is can- 
 celed or broken, or if no one will become heir under it 
 
 Intimation. In Scots law. Notice ; judicial notice of a proceeding ; 
 notice of an assignation to a debtor. 
 
 Into! and uttol. In old English law. Toll or custom paid for things 
 imported and exported. 
 
 Intoxicate. To inebriate ; to make drunk with spirituous liquor. 
 
 Intoxicating liquor. Any kind of liquor that will intoxicate, whether 
 distilled or fermented. 
 
 Intra, I Within ; in ; by ; near ; between, v. Infra. Intra anni spa- 
 tinm: within the space of a year. Intra fldem: within belief; 
 credible. Intra Inctns tempus: within the time of mourning. In- 
 tra msenia: within the walls ; domestic. Intra parietes: between 
 walls; among friends; out of court; without litigation. Intra 
 prsesidia: within the defenses. Intra qnatuor maria: within the 
 four seas. 
 
 Intrare, 1. 1. In old English law. To enter ; to take in land ; to drain 
 marshy land, and reduce it to herbage or pasture ground. 
 
 Intrinsecns, intriusecum, 2. In old English law. That which is within ; 
 done or taken within ; intrinsic. 
 
 Intromission. In Scots law. The assuming of possession of property 
 belonging to another ; intermeddling. 
 
 Intromittere, I. To introduce or let in. Intromittere se: to introduce 
 or intrude one's self ; to intermeddle with. 
 
 Intrnsio, I In old English law. Intrusion. Intrnsio est nbi qnis 
 (cni nnllum jus competit in re, nee scintilla jnris), possessionem 
 vacnam ingreditar: intrusion is where one who has no right nor 
 spark of right in the thing enters upon a vacant possession. 
 
 Intrnsion. In English law. The entry of a stranger, after a particu- 
 lar estate of freehold is determined, before him in remainder or re- 
 version ; a kind of injury by ouster of the freehold. 
 
 Intaitn matrimonii, I In contemplation of marriage. Intaita 
 mortis: in contemplation of death. 
 
 Intnitns, I A view ; regard ; contemplation ; view or sight Intuitu 
 Del: in the sight of God. 
 
 Inure. To take effect; to operate; to serve to the use or advantage. 
 
 Inntllis, I Useless ; without force or effect Inntilis labor, et sine 
 frnctn non est effectus legis: useless and fruitless labor is not the 
 effect of law. Inntilis stipulatio: an ineffectual or void stipu- 
 lation. 
 
 Invadiare, inwadiare, 2. 1 In feudal and old European law. To pledge; 
 to engage or pledge lands ; to mortgage. 
 
 Invadiatlo, Z. Z, In feudal and old European law. A pledge or mort- 
 gage. 
 
 Invadiatns, 1. 1. In feudal and old European law. One who is under 
 pledge ; one who has had pledges given for him. 
 
400 INVALID — lEA. 
 
 Inyalld. Without force or legal eCBoaoy ; not valid ; void 
 Inyecta et illata, I. In the civil law. Things carried in and brought 
 ' in,— things brought in by a tenant, and so pledged to the lessor as 
 security for the rent. 
 Iiiyeniendo, 1. 1. In old English law. Finding, — one of the words by 
 
 which a rent might be reserved. 
 Invenire, I. To find. Inveniens: finding. Inyeuiens libellum fa- 
 mosam et non corrumpens punitur: he who finds a libel, and does 
 
 not destroy it, is punished, — an old rule derived from the civil law. 
 
 Inventus: found. 
 Invent. To find out ; to contrive and produce something that did not 
 
 exist before. 
 Inventarium, I. In the civil law. A formal setting down in writing of 
 
 the property found to belong to an inheritance. 
 Inventio, I. I. In old English law. A thing found ; as goods, or treas- 
 ure trove. 
 In the civil law. Finding; one of the modes of acquiring title to 
 
 property by occupancy. 
 Invention. A finding out; the contrivance of something which did 
 
 not before exist ; the thing so produced. ' 
 
 Inventory. ^ A list or schedule of articles of property, setting out the 
 
 names of articles singly or in classes. Applied to lists made upon 
 
 levy of attachments, executions, etc., by insolvents and bankrupts, 
 
 by executors and administrators, and the like. 
 Inventus, I. In old English law. Found, v. Non est, etc. 
 Invest. To give possession ; to put into possession ; to put in possession 
 
 of a fee, estate, or ofiice newly acquired ; to lay out money in a 
 
 permanelit way so as to produce an income. 
 Investigation. Inquiry by observation, experiment, or discussion. 
 Investiture. In feudal law. The delivery of actual corporeal posses- 
 sion of lands or tenements given or granted with certain ceremonies 
 
 or solemnities. 
 Invito, I. Unwilling. Invito beueflcinm non datnr: a benefit is not 
 
 conferred on an unwilling party. Invito debitore: against the will 
 
 of the debtor. Invito domino: against the will of the lord. 
 Invitus, I. Unwilling ; without the consent ; against the wUl. v. In 
 
 invitum. 
 Invoice. A list or account of goods shipped by a merchant to his factor 
 
 or consignee, containing the marks of the goods, the value, charges, 
 
 etc. 
 Ipse, I. He himself ; he alone. Ipsi, ipsffi: they, themselves. Ipsnd: the 
 
 thing itself. 
 Ipsissiinis verbis, I. In the very same words ; in the exact words. 
 Ipso facto, I. I. By the act or fact itself ; by the mere act or fact. Ipso 
 
 jure: by the law itself ; by the mere operation of law. 
 Ira motus, L Moved or excited by anger or passion. 
 
IRE — ISSUE. 401 
 
 Ire, I. In old English law. To go ; to be dismissed from court, or dis- 
 charged from legal restraint Ire ad largniu: to go at large. 
 
 Irregular. Out of rule ; not according to rule. 
 
 Irregularitas, I. I. In old English law. Irregularity. . 
 
 Irregularity. Departure from rule ; non-observance of rule. 
 
 Irrelevant. Not relevant ; not applicable to the matter in issue. 
 
 Irreplegiabilis, 1. 1. In old English law. Not bailable ; irrepleviable. 
 
 Irrepleviable, irreplevisable. That may not, or ought not, to be re- 
 plevied, or set at large upon sureties., Originally applied to persons as 
 well as property. * 
 
 Irresistible force. An uncontrollable interposition of human agency, 
 such as the inroad of a hostile army, robbery by force, etc. 
 
 Irrigation. Watering ; the watering of land ; the operation of causing 
 v^ater to &ow over lands for agricultural purposes. 
 
 Irritancy. In Scots law. A becoming void or null ; nullity ; a clause 
 in a conveyance declaring upon vrhat contingencies an estate shall 
 become void. 
 
 Irritant. In Scots law. Avoiding or making void. 
 
 Irritus, irritum, I. In the civil laiv. Void; invalid; of no effect; in- 
 effectual. 
 
 Irrogare, I. In the civil law. To impose or set upon, as a fine ; to in- 
 flict, as a punishment ; to make or ordain, as a law. 
 
 Irrotulare, 1. 1. In old English law. To put on a roll or record ; to enroL 
 
 Irrotulatio, irrotulamentum, I. I. In old English law. Enrolment ; 
 an enrolment ; an entry on record. 
 
 Is qui cognoscit, I. The cognizor. Is qui coguoscitur: the cognizee. 
 
 Ish. In Scots law. The period of the termination of a tack or lease. 
 
 Isser, I. fr. To go out ; to issue. Issist: [he] went out. Istra: shall go 
 out. 
 
 Issint, 2./r. So; thus. Issint arant: so on. 
 
 Issuable. Leading to, or producing an issue ; relating to an issue or 
 issues. Issuable plea: a plea in chief to the merits, upon which the 
 plaintiff may take issue, and go to trial. 
 In English law. Issuable terms: Hilary and Trinity terms, so called, 
 because in them issues are made up for the assizes. 
 
 Issnably. In an issuable manner. 
 
 Issue,/!", and engr. Offspring, including not only children, but all lineal 
 descendants ; a causing to go forth ; the point of fact or law result- 
 ing from the pleadings in an action. In a will the word is com- 
 monly of very extensive import, and embraces descendants of every 
 degree, whensoever existent It may, however, be restricted to chil- 
 dren. Issue in fact or of fact: an issue upon matter of fact, — the 
 fact only, and not the law, being disputed and presented for trial 
 Issue in law: an issue upon matter of law, or consisting of matter 
 of law, being produced by a demurrer on the one side, and a joinder 
 in demurrer on the other. 
 26 
 
402 ISSUE — JACTITATION. 
 
 Issne. To send out, as a process ; to put into circulation, as bank notes, 
 bonds, etc. 
 
 Issae roll. In English law. A roll upon which the issue in actions was 
 formerly requii^d to be entered. 
 
 Issues. The profits of lands or tenements ; the profits of amercements 
 or fines. 
 
 Ita, Z. So. Ita lex scripta est: so the law is written. Ita qnod: so 
 that ; — habeas corpus: so that you have the body. Ita semper 
 flat relatio ut valeat dispositio: the relation should always be so 
 made that the disposition may prevail. Ita te Deus adjnvet: so help 
 you God ; — et sacrosancta Dei eTangelia: so help you God, and 
 God's holy evangelists ; — et omnes sancti: so help you God and all 
 the saints. 
 
 Item, I. and I. fr. In like manner ; likewise ; a particular in a bill or an 
 account The word was formerly used in wills, statutes, etc., to 
 mark new paragraphs, or the introduction of distinct matter. 
 
 Iter, I In old English law. A journey, particularly the journey or 
 circuit jnade or travelled by those justices called justices itinerant, 
 who were anciently commissioned to go through the different coun- 
 ties to hold certain pleas, or determine certain causes. 
 In maritime law. A way or route; the route or direction of a 
 voyage ; the route or way that is taken to make the voyage assured. 
 In the civil law. Way; a way or path; a species of servitude or 
 easement incident to rural estates. Iter est jus eundi, ambulandi 
 hominis; non etiam jnmentum agendi vel vehicnlnm: way is a 
 right for a man, of going or walking over another's land ; but not 
 of driving a beast or a vehicle. 
 
 Iterate, L Again ; a second time. 
 
 Iternm, I In the civil law. A second time ; frequently. 
 
 Itinera, L Eyres, or circuits. 
 
 Itineran^t. Going or travelling about 
 
 Itlperantes, 1. 1 Itinerant ; travelling ; in eyra 
 
 Itinerare, It In old English law. To travel about ; to go on the iter, 
 eyre, or circuit Itineraverunt: they have travelled about 
 
 Itincratio, I. L In old English law. An eyre, or circuit 
 
 J. The initial letter of judge, justice. J, P.: justice of the peace. 
 JJ.: justices or judges. 
 
 Ja, I. fr. Yet ; never ; nevertheless ; now. Ja demains: furthermore. 
 Ja soit que: although. 
 
 Jacere, I In civil and old English law. To lie ; to lie, as an action ; to 
 be fallen ; to be in abeyance ; to be overthrown or defeated in a suit 
 Jacens: lying; fallen; prostrate; in abeyanca 
 In old English law. Jacet in ore: it lies in the mouth. 
 
 Jactitation. A throwing or giving out; a boasting. Jactitation of 
 marriage: a boasting or giving out by a party of marriage to an- 
 other. 
 
JACTURA — JOINDER. 403 
 
 Jactiira, I. In the civil law. A throwing of goods overboard to lighten 
 a vessel ; jettison ; loss from that cause ; loss generally, 
 
 Jactns, I. In old English law. Thrown ; cast ; defeated. 
 In the civil law. The throwing of goods overboard to lighten a vessel ; 
 jettison ; the thing thrown overboard. 
 
 Jademains, jademeins, jadnmeins, 2. /r. Yet; nevertheless. 
 
 Jail. V. Gaol 
 
 Jalemeins, jalemeyns, ja le ineyns, jalemens, I. fr. Always ; also ; 
 nevertheless; sometimes; moreover; further. 
 
 Janitor, I A person who has the care of a building or of rooms 
 therein, to keep them clean and in order, to lock and unlock them, 
 eta 
 In old English law. A door-keeper. 
 
 Javeloiir, o. s& In Scots law. Jailer or gaoler. 
 
 Ject, jecte, Ifr. In old English law. Cast; thrown; overthrown or 
 defeated in law. 
 
 Jeo, fr. I. Jeo ay: I have. Jeo done: I give. Jeo doy: I ought. Jeo 
 face: I do. Jeo garanntise: I warrant Jeo soy: I am. Jeo sue 
 icy prist: I am here ready. Jeo teigne: 1 hold. Jeo tous pry: I 
 pray you. 
 
 Jeofail. An oversight or mistake in pleading ; strictly, the acknowledg- 
 ment of an oversight Jeofails, statute of: a statute giving liberty 
 to amend, to cure errors in pleading, particularly the statute of 14 
 Edw. IIL, St 3, c. 6. 
 
 Jeopardy. Hazard; danger; periL \ 
 
 Jetsam, jotsom, jetsen, jetzon, jotson. Goods thrown overboard for 
 the purpose of lightening a vessel in danger, and which remain 
 under water, and do not come to land. 
 
 Jettison, jetson, jettezoon. The voluntary throwing overboard of 
 goods, in a case of extreme peril, to lighten and save the ship. 
 
 Jewel. An ornament of the person, such as a pearl or a diamond pre- 
 pared to be worn. 
 
 Jocus, I In old English law. A game of hazard. Jocns partitas: a 
 divided risk, or hazard, — an arrangement which the parties to a suit 
 were sometimes allowed to make by which the case was to be set- 
 tled upon the result of a hazard. 
 
 Jobber. A merchant who purchases from importers and sells to re- 
 tailers. 
 
 Joinder. A joining or uniting together ; coupling ; uniting. Joinder 
 in demurrer: a pleading or formula, by which one of the parties to 
 a suit joins in, or accepts an issue in law tendered by the opposite 
 party. Joinder in issue: a formula by which one of the parties to 
 a suit joins in, or accepts an issue in fact tendered by the opposite 
 party. Joinder of actions or causes of action: the uniting of more 
 than one cause in a single declaration. Joinder of parties: the 
 uniting of two or more parties as plaintiflfs or defendants. 
 
404 JOINT — JUDEX. 
 
 Joint. United ; combined ; done by or against two or more unitedly ; 
 shared by, or between two or more. Joint action: an action in 
 which two or more unite, or are united as parties. Joint and ser- 
 eral bond: a bond in which the obligors bind themselves both jointly 
 and severally to the obligee. Joint bond: a bond executed by two 
 or more as obligors, in which they bind themselves jointly but not 
 severally. Joint indictment: an indictment in which several offend- 
 ers are joined. Joint-stock company: a kind of partnership con- 
 sisting of a large number of members, constituting an unincorpo- 
 rated association, with a capital divided into shares transferable 
 ■without the express consent of all the copartners, and acting under 
 a written instrument termed articles of association, or a deed of set- 
 tlement Joint tenancy: a joint holding ; a union or conjunction 
 of interest in land or other property ; a tenancy which arises where 
 two or more persons acquire land at the same time, by the same 
 title, otherwise than by descent. Joint tenants: persons who hold 
 an estate or property in joint tenancy. 
 In English law. Joint Hat: a fiat in bankruptcy, issued against two or 
 more trading partners. 
 
 Jointress, jointuress. A woman having a jointure. 
 
 Jointure. Strictly a joint estate limited to both husband and wife, and 
 such was its original form ; but, in its more usual form, it is a sole 
 estate limited to the wife only, expectant upon a life estate in the 
 husband, in lieu of dower. 
 
 Jorer, I. fr. To swear. 
 
 Jonr, jor, jnr, joer, I. fr. In old English law. Day ; a day. Jour 
 d' amonr: a day of grace, v. Dies amoris. Jour en banc: a day 
 in banc. Jour en pays: a day in the country. Jour en court: day 
 in court ; day to appear in court. 
 
 Jonrne, journee, jornee, I. fr. A day ; a court, or court day ; the day 
 of holding a court 
 
 Jonrnes, jonrnees or jonrneis accompts, I. fr., Journeys accounts. 
 Journeys reckoned or computed ; days' journeys reckoned or com- 
 puted. Applied to a fresh writ issued after abatement of a former 
 writ, the new writ being called a writ by journeys accounts, from the 
 ancient practice of computing the time allowed for the purpose by- 
 days of the journey which the suitor had to make to the chancery 
 to purchase it. 
 
 Jubere, I. In the civil law. To order, direct or command ; to assure or 
 promise ; to decree or pass a law. 
 
 Judex, 1. In old English law. A judge, — one wh|0 declares the law, or 
 administers justice between contending parties. Applied to the 
 judges of the ecclesiastical courts as distinguished from the justitia- 
 rius of the common-law courts. Judex seqnitatem semper spectare 
 debet: a judge ought always to regard equity. Judex bonus niliil 
 ex arbitrio suo faciat, nee proposito domesticie voluntatis, sed 
 
JUDEX — JUDGMENT. 405 
 
 juxta leges et jnra pronnnciet: a good judge should do nothing of 
 his own arbitrary will, nor on the dictate of his personal inclination, 
 but should decide according to law and justice. Judex est lex 
 loquens: a judge is the law speaking [the mouth of the law]. Judex 
 non potest esse testis in propria causa: a judge cannot be a wit- 
 ness in his own case. Judex non potest injuriam sibi datam punlre: 
 a judge cannot punish a wrong done to himself. Judex uon reddit 
 plus quain quod petens ipse reqnirit: a judge does not give more 
 than what the complaining party himself demands. Judici olBcium 
 snnm excedenti non paretur: a judge exceeding his office is not to 
 he obeyed. Judici satis poena est, quod Deum habet nltorem: it 
 is punishment enough for a judge that he has God as his avenger. 
 Judicis [nostrum] est jndicare secundum allegrata et probata: 
 it is the duty of a judge to determine according to what is alleged 
 and proved. Judicis est jus dicere, non dare: it is the province of 
 a judge to declare the law, not to give it Judicis offlcinm est nt 
 res, ita tempora rerum qnaerere: it is the duty of a judge to iur 
 quire into the times of things, as well as into things themselves. 
 
 In the civil laic. Originally a private person appointed by the praetor, 
 with the consent of the parties, to try and decide a cause begun 
 before him ; otherwise called judex datus, and judex pedaneus; in 
 later law, a judge in the modern sense. Judex a quo; the judge 
 from whom an appeal is made or taken. Judex ad quern: the 
 judge to whom an appeal is taken. Jndex delegatus: a delegated 
 judge. Judex ordinarius: an ordinary judge; one who had the 
 right of hearing and determining causes as a matter of his ' own 
 proper jurisdiction. 
 
 In the Roman law. Jndex datus: a judge given, that is, assigned or 
 appointed by the praetor to try a cause. Judex pedaneus: a judex 
 appointed by the praetor to try a cause, so called from the low seat 
 which he occupied at the foot of the tribunal or praetor's bench. 
 
 In old European law. Judex liscalis: a fiscal judge; a judge having 
 cognizance of matters pettaining to the fiscus, or public treasury, 
 and by whose sentence property was confiscated. 
 Judge. A public officer authorized by law to hear and determine 
 causes, and who holds courts statedly for that purpose ; a person 
 who presides in a court of judicature, either solely or with associate 
 judges. Judge advocate: an officer of a court-martial, who com- 
 bines the character of adviser to the court with that of public 
 prosecutor. 
 Judgment, Judicium, 2., Jugement,/r. The sentence of the law pro- 
 nounced by a court upon the matter contained in the record ; the act, 
 process or business of judging, that is, of hearing as well as determin- 
 ing a cause. Judgment debt: a debt due by judgment. Judgment 
 note: a promissory note containing a power of attorney to confess 
 judgment against the maker in case of non-payment Judgment rec- 
 
406 JUDGMENT — JUDICIAL. 
 
 ord: a record of the proceedings in an action at law, from the be- 
 ginning of the pleadings to the giving of judgment inclusive. 
 In English law. Judgment nisi: a judgment to become absolute un- 
 less within the first four days of the next term the court shall order 
 otherwise. Judgment paper: a sheet of paper containing an in- 
 cipitur of the pleadings in an action at law, upon which final judg- 
 ment is signed by the master. Judgment roll: a roll of parchment 
 containing the entries of the proceedings in an action to the entry 
 of judgment inclusive. 
 
 Jndicare, 1. In civil and old English law. To judge ; to decide or de- 
 termine judicially. Judicatio: judging. Judicatus, judicata, 
 judicatum: adjudged. Jndlcatum solvere: to pay what was ad- 
 judged to a party in a suit 
 In feudal law. To give by will. 
 
 Jndicandum est legibus non exeraplis, I. Judgment is to be given ac- 
 cording to the laws, not according to examples or precedents. 
 
 Judicature acts. The statutes reorganizing the English courts, partic- 
 ularly the statute of the 36 & 37 Vict, c. 66. 
 
 Judices, I. Judges. Judices non tenentur exprimere cansam senteii- 
 tise suae: judges are not bound to express the reason of their sen- 
 tence or judgment 
 In the civil law. Judices ordinarii: or Amary judiees; the common 
 judices appointed to try causes. Judices selecti: select or selected 
 judices or judges ; those which were used in criminal causes. 
 In the Roman law. Judices pedanei: the ordinaiy judices appointed 
 by the prsetor or by the governors ©f provinces to try causes. 
 
 Judicia, 1. In old English law. Judgments. Judicia in delibera- 
 tionibus crebro maturescunt, in accelerate processu nunquam: 
 judgments frequently become matured by deliberations ; never by 
 liurried process or precipitation. Judicia posteriora sunt in lege 
 fortiora: the later judgments are the stronger in law. Judicia 
 sunt tanquam juris dicta, et pro veritate accipiuntur: judgments 
 are, as it were; the sayings of the law, and are received as truth. 
 Jndiciis posterioribus fides est adhibenda: faith or credit is to be 
 given to the later judgments. 
 In the Roman law. Judicial proceedings. Judicia publica: crim- 
 inal trials. 
 
 Judicial. Belonging to the office of a judge ; relating to, or connected 
 with, the administration of justice ; having the character of judg- 
 ment or formal legal procedure ; proceeding from a court of justice ; 
 constituting the, basis of a judgment Judicial act: an act done, in 
 the exercise of judicial power. Judicial action: the application to 
 persons or things of legal sequences from facts agreed or judicially 
 ascertained. Judicial admission: a voluntary admission made in 
 court or before a magistrate. Judicial confession: a confession of 
 guilt, made by a prisoner before a magistrate, or in court, in the 
 
JUDICIAL — JUNGERE. 407 
 
 due course of legal proceedings. Judicial discretion: a discretion 
 in discerning the course prescribed by the law ; a perceiving by, 
 through or according to the law of what would be just. Judicial 
 notice: the notice which a judge will take of a fact without proof. 
 Judicial oflice: an office which relates to the administration of 
 justice. V. Officia, etc. Judicial power: the power of interpreting 
 law. Judicial sale: a sale under judicial authority, by an officer 
 legally authorized for the purpose. Judicial separation: a kind of 
 limited divorce in which the parties are not allowed to remarry. 
 In English law. Judicial Tvrit: a writ issuing under the private seal 
 of a court, and tested in the name of the chief or senior justice. 
 
 Judiciary. Relating to that department of the government that has to 
 do with the expounding and administering of the law ; the officers 
 of that department of government that expounds and administers 
 the law ; the judges taken collectively. Judiciary act: the act of 
 congress of September 34, 1789, which provided for the organization 
 of the federal courts. 
 
 Judicium, I. Judgment. Judicium a non suo judice datum nnllins est 
 momenti: a judgment given by one who is not a proper judge (or, not 
 judge of the cause) is of no weight. Judicium est quasi juris dictum: 
 judgment is, as it were, the speech of the law ; the very voice of 
 law and right Judicium execntioni demandare: to enforce a 
 judgment by execution. Judicium non debet esse illusorium; 
 snnm affectum habere debet: a judgment ought not to be illusory ; 
 it ought to have its proper effect Judicium redditur in invitum 
 in praesumptione legis: a judgment in presumption of law is given 
 against an unwilling party. Judicium (semper) pro veritate ac- 
 cipitur: a judgment is always taken for truth ; that is, as long as 
 it stands in force it cannot be contradicted. Judicium vitse amis- 
 siouis: judgment of loss of life. 
 In old English law. A court, or judicial tribunal ; a proceeding in 
 court ; judicial hearing and investigation ; judicial authority ; due 
 process of law ; an action ; the verdict of a jury ; judgment Judi- 
 cium capitale: judgment of death ; capital judgment Judicium 
 Dei: the judgment of God, — applied to the ordeals by fire and 
 water, and to the trials by the cross, the eucharist and by battel, etc 
 Judicium parinm: judgment of one's peers ; trial by jury. 
 In the civil law. The investigation and decision of a cause hy a judex; 
 a proceeding before a judex, or judge ; an action ; a court, or judi- 
 cial tribunal ; the intention of a testator. 
 
 Jngum terrse, hi. In old English law. A yoke of land ; half a plough 
 land 
 
 Janctura, I. In old English law. A joining together; the uniting, 
 putting together, or including of several covenants in one stipulation 
 or contract ; a joint estate. 
 
 J ungere duellnm, 2. 1. In old English law. To join the duellmn. 
 
408 JUNIOR — JURATA, 
 
 Junior. Younger ; later or more recent, as a junior creditor, execution, 
 judgment, writ, etc. As applied to a person it is a word of descrip- 
 tion merely, and no part of the name. 
 Jura, I Rights ; laws ; freedoms or abilities. Jnra eodem modo de- 
 stituuntnr qno constitnnntnr: laws are abrogated by the same 
 means [authority] by which they are mada Jura naturae sunt ira- 
 mutabllia: the laws of nature are unchangeable. Jura person- 
 arum: rights of persons; the rights of persons. Jura pnblica: 
 public rights ; — anteferenda priyatis: public rights are to be pre- 
 ferred to private ; — ex priyato [priyatlsj promiscne decidi non 
 debent: public rights ought not to be decided promiscuously with 
 private. Jura rernm: rights of things; the rights of things ; rights 
 which a man may acquire over external objects. Jura sanguinis 
 nnllo jure civili dirimi possunt: the rights of blood can be taken 
 away by no civil law. Jura summi Imperii: rights of supreme 
 dominion ; rights of sovereignty. 
 
 In English law. Jura flscalia: fiscal rights; rights of the exchequer. 
 
 ' Jura regalia: royal rights, or privileges. Jura regia: royal rights ; 
 the prerogatives of the crown. 
 
 In old English law. Jura mixti dominii: rights of mixed dominion. 
 
 In the civil law. Jura prsediorum: the rights of estates. Jura in re: 
 rights in a thing ; rights which exist independently of the dominium, 
 and are enjoyed by some person other than him who has the domin- 
 ium. 
 Jnramentum, I. I. In the civil and common law. An oath. Juramen- 
 tnm est aflirniatio vel negatio de aliquo, attestatione sacr% rei 
 flrmata: an oath is an aflSrmation or denial respecting any matter, 
 confirmed by the attestation of a sacred thing. Jur amentum est 
 indiyisibile, et non est admittendum in parte verum, et in parte 
 falsum: an oath is indivisible, and is not to be received as in part 
 true and in part false. 
 Jnrare, Z. In old English law. To swear ; to make oath ; to take an 
 oath. Jnrare est Deum in testem vocare, et est actus divini 
 cnltus: to swear is to call God to witness, and is an act of religion. 
 Jurat: he swears ; the memorandum at the foot of an aflBdavit 
 showing when, where and before whom it was sworn. 
 
 In the civil and feudal law. To swear. 
 Jnrata, I. I. A jury, — so called because sworn well and truly to try the 
 issue, etc. ; the jurata, or common jury of the ancient law, otherwise 
 called jurata patriae, a jury of the country, as distinguished from the 
 assisa, or assise established by Henry IL, from which it differed in 
 being a tribunal chosen by consent of the parties themselves, or ap- 
 pointed by the court at their request, and in that the jurors were 
 not liable to attaint 
 
 In English law. The jury clause in a nisi prius record, so called from 
 the emphatic words of the old forms. Jnrata ponitnr in respectum: 
 the jury is put in respitft 
 
JURATOR — JURISDICTIO. 409 
 
 Jnrator, I. I In old English law. A juror ; a compurgator. Jurato- 
 res: jurors. Jnratores assisae: jurors of the assise. Juratores 
 debent esse minus snspecti: jurors ought to be free from suspicion. 
 Jnratores sunt jndices facti: jurors are the judges of fact 
 
 Juratory caution. In Scots law. Security given by oath. 
 
 Jure, I By right ; in right ; by the law. Jure belli: by the right, or 
 law of war. Jure civili: by the civil law. Jure divino: by divine 
 right Jure ecclesisc: in right of the church. Jure emphyteutico: 
 by the right or law of emphyteusis. Jure gentium: by the law of 
 nations. Jure natura): by or according to the law of nature; 
 — sequnm est neminem cum alterius detrimento et injuria fieri 
 locupletiorem: according to the law of nature, it is just that no 
 man should be made richer by the loss and injury of another. 
 Jure propinquitatis: by right of propinquity, or nearness. Jure 
 represeutationis: by right of representation ; in the right of an- 
 other person. Jure uxoris: in right of a wifa 
 
 Jure, juree, I fr. A jury. 
 
 Jurer, I. fr. To swear. Jurgent: they shall swear. 
 
 Juridical. Relating to the administration of justice; relating to the 
 oflSce of a judga Juridical day: a day on which courts sit for the 
 administration of justice. 
 
 Jnridicus, I. Belonging to law ; relating to the administration of jus- 
 tice in or by a court v. Dies juridicus. 
 
 Juris, Z. Of law ; of right v. Jus. Juris effectus in executione con- 
 sistit: the eflEect of the law consists in the execution. J uris et de jure: 
 of law and from law ; a term applied to conclusive presumptions. 
 Juris positivi: of positive law; a regulation or requirement of 
 positive law, as distinguished from natural or divine law. Jnris 
 privati: of private right; subjects of private property. Juris 
 pnblici: of common right ; of common or public use, as common 
 highways, common bridges, etc. 
 In English law. Juris utrum: a writ which lay for the incumbent 
 of a benefice, to recover lands or tenements of the church, which 
 were aliened by his predecessor. 
 In old English law. Juris et seisina; conjunctio: the union of the 
 right [of possession or property in land] and the seisin, i e., the act- 
 ual corporal possession. 
 
 Jnrisconsultus, Z. In the civil law. One who is consulted on matters 
 of law ; a learned person who gives counsel on questions of law ; a 
 jurisconsult 
 
 Jurisdictio, I. In old English law. Jurisdiction ; authority to judge, 
 or administer justica Jurisdictio est potestas de publico intro- 
 dncta, cum necessitate juris dicendi: jurisdiction is a power in- 
 troduced of common right [by public authority or for the common 
 benefit], arising out of the necessity of declaring the law. 
 
410 JURISDICTION — JUS. 
 
 Jarisdiction. Authority to judge, or administer justice ; power to act 
 judicially ; power or right to pronounce judgment In a more gen- 
 eral sense, power to make law, to legislate or govern; right or 
 power to exercise authority. 
 
 Jurisprudence. The science of law ; knowledge of law. 
 
 Jurisprudentia, I. In the civil and common law. Jurisprudence, or 
 legal science. Jurisprudentia est diTinarnm atque humauarnm 
 rerum notitia, jnsti atque injasti scientia: jurisprudence is the 
 knowledge of things divine and human, the science of what is right 
 and what is wrong. Jurisprudeutia legis communis Anglige est sci- 
 entia socialis et copiosa: the jurisprudence of the common law of 
 England is a social and copious science. 
 
 Jurist. One who is versed or skilled in law ; now commonly a person 
 eminent mainly for knowledge of the theoretic side of the law. 
 
 Juristic. Pertaining to jurisprudence. Juristic act: an act intended 
 to have a legal effect 
 
 Juror. A person sworn on a jury ; a juryman. 
 
 Jury. In the broadest sense, a certain number of men, selected accord- 
 ing to law, and sworn to inquire of certain matters of fact, and 
 declare the truth upon evidence to be laid before them ; in a nar- 
 rower sense, twelve men, selected and sworn for the trial of an 
 issue of fact in an action at law. v. Common jury; Coroner's jury; 
 Grand jury; Petit jury; Sheriff's jury; Special jury; Struck jury. 
 Jury box: the place in court where the jury sit during the trial of 
 a cause. Jury man: one of a jury; a juror. Jury process: the 
 process by which a jury is summoned in a cause, and by which 
 their attendance is enforced. 
 
 Jus, I. Right, justice ; law ; power or authority, v. Juris. Jus accre- 
 scendi: the right of survivorship, a principal incident of an estate 
 held by several jointly ; — inter mercatores, pro beneflcio com- 
 mereii, locum non habet: the right of survivorship has no place 
 between merchants, for the benefit of commerce ; — prsefertur 
 oneribus: the right of survivorship is preferred to incumbrances ; 
 — praifertur ultirase Toluntati: the right of survivorship is pre- 
 f en-ed to the last will. Jus ad rem: a right to a thing ; a right to 
 a thing without possession. Jus albinatus: v. Albinatus ju& Jus 
 belli' the law of war ; the right of war ; that which may be done 
 without injustice, with regard to an enemy. Jus civile: civil law ; 
 the civil law ; the whole body of law peculiar to any state ; the 
 civil law of the Romans, in particular. Jus dare: to give law; 
 to make law. Jus dicere: to declare the law; to say what the 
 law is. Jus disponendi: the right of disposing. Jus dupli- 
 catum: a double right; the right of possession united with the 
 right of property. Jus est norma recti; et quicqnid est con- 
 tra normam recti est injuria: law is a rule of right ; and what- 
 
jua 411 
 
 ever is contrary to the rule of right is aa injury. Jus et frans 
 nunqnam cohalbitant: right nad fraud never dwell together. Jus ex 
 injuria non oritur: a right does [or can] not arise out of a 
 wrong. Jus gentium: the law of nations. Jus individunm: an 
 individual or indivisible right ; a right incapable of division. Jus 
 in re: a right in a thing ; a right in a thing, implying both right 
 and possession ; a complete, as distinguished from an imperfect 
 right. Jus mariti: the right of a husband ; especially the right of 
 a husband in his wife's movable estate. Jus naturae: the law of 
 nature. Jus navigandi: the right of navigating or navigation ; the 
 right of commerce by ships or by sea. Jus non habenti tute non 
 paretur: one who has no right cannot be safely obeyed. Jus non 
 scriptnin: the unwritten law. Jus Papirianum or Jus civile Pa- 
 pirianuin: the civil law of Papirius, — the title of the earliest col- 
 lection of Roman law. Jus portus: the right of port or harbor. 
 Jus possessionis: a, or the, right of possession, or seisin. Jus post- 
 liminil: the right of postliminy ; the right by which property taken 
 by an enemy and recaptured or rescued by fellow subjects or allies 
 of the owner is restored to the owner. Jus prailntlonis: the right 
 of preference or priority ; the priority of one creditor over another. 
 Jus proprietatls: the .right of property, as distinguished from the 
 jus possessionis, or right of possession. Jus respicit requitatem: 
 the law regards equity. Jus scriptum: written or statute law, 
 called lex scripta, as distinguished from the common law, or lex 
 non scripta. Jus strictum: strict law. Jus tertii: the right or 
 interest of a third person. 
 
 In English law. Jus civitatis: denization or natm-alization. Jus com- 
 mune: the common law. Jus coi'ona): the right of the crown ; the 
 right to the crown ; the right of succession to the throne. Jus ca- 
 rialitatis: the right of curtesy of England. 
 
 In old English law. Further, law, as distinguished from equity ; the 
 profession or practice of the law ; a judicial tribunal. Jus aquam 
 ducendi: the right of leading water (over another's land). Jus 
 banci: the right of bench ; the right or privilege of having an ele- 
 vated and separate seat of judgment, anciently allowed only to the 
 king's judges. Jus eudenda) monetae: the right of coining money. 
 Jus falcandi: the right of mowing or cutting. Jus fodiendi: the 
 right of digging on land of another. Jus hauriendi: the right of 
 drawing water. Jus merum; mere or bare right ; the mere right 
 of property in lands, without possession or the right of possession. 
 Jus pascendi: the right of pasturing cattle. Jus piscandi: the right 
 of fishing. Jus secandi: the right of cutting. Jus venandi: a 
 right of hunting on another's land. 
 In English ecclesiastical laiv. Jus patronatus: the right of patron- 
 age ; the right of presenting a clerk to a benefice ; a commission 
 from the bishop, where two presentations are offered upon the same 
 
412 JUS. 
 
 avoidance, to inquire by a jury of six clergymen and six laymen 
 ■who is the rightful patron. , ' 
 
 In Scots law. Jus relictse: the right of a relict; the right or claim 
 of a widow to her share of her husband's estate, particularly the 
 movables. 
 ' In the civil law. Further, a rule of law or regulation. Jus ad rem: 
 a right to a thing; a personal right applying only against the 
 obligee, as distinguished from jus in re, a right in the thing itself, 
 which is a real right having effect against third persons. Jus 
 commune: common right ; the common and natural rule of right, 
 as opposed to Jus singulare, q. v. Jus deliberandi: the right of de- 
 liberating; a right of the heir, to consider whether he would ac- 
 cept the inheritance or not Jus est ars boni et sequi: law is the 
 science of what is good and just Jus flduciarinm : a right in trust, 
 as distinguished from jus legitimum, a legal right Jus flaminnm: 
 the right to the use of rivers. Jus fodieudi: a right of digging on 
 another's land. Jus glndii: the right of the sword ; the executory 
 power of the law ; the right, power or prerogative of punishing for 
 crime. Jus hauriendi: the right of drawing water. Jusimmunitatis: 
 the law of immunity, or exemption from the burden of public office. 
 Jus legitimum: a legal right; a right remedied by the ordinary 
 course of law. Jus natnrale: natural law; the name given among 
 the Romans to that law which is derived from those instincts of man 
 which he has in common with the brute creation. Jus novum: the 
 new rule. Jus pascendi: the right of pasturing cattle. Jus pis- 
 candi: the right of fishing. Jus postliminii: the right of postliminy ; 
 the right of a person restored to the possession of a thing, or to a 
 former condition, to be considered as though never deprived of it 
 Jus prsesens: a present or vested right ; a right completely acquired. 
 Jus praetorium: the discretion of the prseto:^ as distinct from the 
 leges, or standing laws. Jus precarium: a right in courtesy, for 
 which the remedy was only by entreaty, or request, — for which there 
 was no remedy at all. Jus publicum, privatorum pactis mntari 
 non potest: a public law or right cannot be altered by the agree- 
 ments of private persons. Jus singulare: a peculiar or anomalous 
 rule, differing from the^its commune or common rule of right Jus 
 vetus: the old rule. 
 
 In the Roman law. Jus civile: all the Roman law except the jus 
 honorarium; in a more restricted sense, the auctoritas prudentum, 
 and the disputatio fori. Jus civitatis: the right of citizenship ; the 
 right of a Roman citizen. Jus feciale: the law of arms. J us hon- 
 orarium: the honorary law ; a code of equitable jurisprudence com- 
 piled from the edicts of the praetors and sediles. Jus Latii: the right 
 of Latium or of the Latins, which seems to have been mainly a 
 right to the use of their own laws, a right to exemption from the 
 edicts of the praetor, and occasional access to the freedom of Rome. 
 
JUS — JUSTICE. 413 
 
 Jus necis: the right of death ; or of putting to death ; a right which 
 a father anciently had over his children. Jus publicum: public 
 law ; that wliich regards the condition of the Roman state. Jus 
 scriptum: written law; all law actually committed to writing, 
 whether originating in enactment or in custom. Jus trium liber- 
 orum: a right or privilege allowed to the parent of three or more 
 children. 
 In the canon law. Jus ad rem: a right to a thing ; an inchoate and 
 imperfect right, such as is gained by nomination and institution, as 
 distinguished from jus in re, or complete and full right, such as is 
 acquired by possession. 
 In old European law. Jus geranii: the right of the crane ; the right 
 of unloading goods from a vessel by means of a hoisting engine 
 called a crane. Jus stapulse: the law of staple ; the right of staple ; 
 a right or privilege of certain towns, of stopping imported melxhan- 
 dise, and compelling it to be offered for sale in their own markets. 
 
 Jusjnrandum, I. In the civil law. An oath. Jusjurandam Inter alios 
 factum nee nocere nee prodesse debet: an oath made between 
 others ought neither to.hurt nor to profit, v. Res inter alios, etc. 
 
 Just. Fair; adequate; reasonable; probable. 
 
 Justa causa, I. In the civil law. A just cause ; a lawful ground ; a 
 legal transaction. 
 
 Juste, I In the civil law. Justly; lawfully; by title, or upon some 
 lawful ground. 
 
 Justice. In old English law. To do justice ; to summon to do justice ; 
 to see justice done. 
 
 Justice, I. fr. and eng. The virtue which consists in giving to every 
 one what is his due ; that which is one's due or desert, the giving of 
 which is the object of the law ; a judge of a common-law court ; a 
 judicial oflBcer of any lower grade, as a justice of the peace. Jus- 
 tice of the peace: in England a county magistrate, appointed by 
 special commission under the great seal to keep the peace in the 
 county, the commission appointing all justices within the county 
 for that purpose jointly and severally, and any two or more of them 
 to inquire of and determine felonies and misdemeanors committed 
 in the county ; in the United States, a county officer of like powers, 
 either appointed by the executive or elected by the people, and hav- 
 ing generally jurisdiction in smaller civil cases, in addition to the 
 common-law powers. Justices of nisi prius: v. Nisi prius. 
 In English law. Justices of assise: the judges of the superior courts 
 who go circuit into the various counties twice a year, for the pur- 
 pose of disposing of such causes as are ready for trial at the assizes. 
 In old English law. Justices of assise: a particular kind of justices 
 in eyre, appointed or commissioned to determine certain actions 
 called assises, or take verdicts in such actions. Justices in eyre: 
 itinerant or traveling justices ; justices who travelled from county 
 
4:14: JUSTICE — JUSTICIE& 
 
 to county throughout the kingdom, usually once every seven years, 
 sometimes with a general commission to determine all manner of 
 causes, sometimes for certain special purposes, as to deliver the 
 gaols, and sometimes to take a single assise or two, and no more. 
 Justices of the bench: the justices of the court of Coramon Bench 
 or Common Pleas. Justices of gaol delivery: justices in eyre, who 
 acted under a special commission to deliver the gaols of persons con- 
 fined in them. Justices of the Jews: justices appointed by Rich- 
 ard L to carry into effect the laws which he made for regulating the 
 contracts of the Jews. Justices of laborers: justices appointed to 
 redress the forwardness of laboring men, who would either be idle 
 or have unreasonable wages. Justices of oyer and terminer: 
 ^ justices deputed upon some special occasion, to hear and determine 
 some peculiar causes, such as cases of riotous assembly. Justices 
 of trail-baston: justices appointed by King Edward L upon occa- 
 sion of great disoi'ders in the realm, during his absence in the Scotch 
 and French wars. Justices of the pavilion: judges of a pyepowder 
 court, of a transcendent jurisdiction, anciently authorized by the 
 Bishop of Winchester, at a fair held on St Giles' Hills. 
 In Scots law. Justice ayres, or aires: circuits made by the judges 
 of the justiciary courts through the kingdom, for the distribution 
 of justice. 
 In feudal law. Jurisdiction ; judicial cognizance of causes or of- 
 fenses; the right of dispensing justice; the hereditary jurisdiction 
 of a feudal lord. 
 
 Justice seat. In English law. The principal court of the forest, held 
 before the chief justice in eyre, or chief itinerant judge, or his dep- 
 uty, — to hear and determine all pleas and causes arising in the forest 
 
 Jnsticeable. In old English law. Amenable ; summonable. 
 
 Justiciar, J nsticiarins, justitiarius, justitia, I. I, Justicier, l.fr. In 
 old English law. A justice or justicer. Jnsticlarii Itinerantes: 
 justices in eyre. Justiciarii residentes: justices resident at West- 
 minster. 
 
 Jnsticiare, jnstltiare, I. I In old English law. To justice ; to do jus- 
 tice or right ; to compel a person to appear in court Justiciari: to 
 be justiced ; to have justice. 
 
 Justiciary court. The supreme criminal court of Scotland, composed 
 of five lords of Session, with the lord president or justice-clerk 
 as president The justices hold three circuits, 'and an appeal lies to 
 the House of Lords. 
 
 Jnsticiatus, L L In old English law. ■ Judicature, prerogative or juris- 
 diction. 
 
 Jasticies, justities, I I. In English law. That you justice; a writ, 
 sometimes called breve de justiciando, giving the sheriff authority 
 to hear and determine a cause in the county court, of which other- 
 wise he could not hold plea. 
 
JUSTIFIABLE — KALENDAH. 415 
 
 JnstiflaMe homicide. The killing of a human creature without fault 
 or blame, as by command of the law. 
 
 Jnstiflcation. A showing of reason why an act complained of might 
 lawfully be done ; the procedure by which the competency or suf- 
 flciency of bail is made out 
 
 Justify. To make out, or establish according to law,— particularly the 
 sufficiency of bail. 
 
 Jnstitia, I. Justica Jastitla debet esse libera, quia niliil iniquius 
 Yenali jnstitia; plena, qnia jnstitia non debet claudicare; et 
 celeris, qnia dilatio est qnsedam neg'atio: justice ought to be free, 
 because nothing is more iniquitous than venal justice ; full, because 
 justice ought not to halt ; and speedy, because delay is a kind of 
 denial. Jnstitia est duplex: Ti^. severe puniens, et vere praeve- 
 niens: justice is twofold, viz. : severely punishing, and really or 
 efficiently preventing. Jnstitia nee differenda nee neganda est: 
 justice is not to be denied or delayed. Jnstitia nemini nei^anda 
 est: justice is to be denied to none. Jnstitia non est neganda, non 
 differenda: justice is not to be denied nor delayed. Jnstitia non 
 novit patrem uec matrem; solam veritatem spectat jnstitia: 
 justice knows not father nor mother ; justice looks at truth alone. 
 In the civil law. Justice. Jnstitia est constans et perpetna voluntas 
 jus snnm eniqne tribnendi: justice is the constant and perpetual 
 disposition or will of giving to every man his right 
 
 Jnstitiarii, I I Justices. Jnstitiarii de Banco: justices of the Bench. 
 Jnstitiai'ii de ntroqne Banco, or ntrinsqne Banci: justices of 
 either Bench. Jnstitiarii regis de Banco apud Westmonasterium: 
 the king's justices of the Bench at Westminster. Jnstitiarii resi- 
 dentc^ in banco: justices sitting in the bench. 
 
 Jnstitinm, I. In the civil law. An intermission in the administration 
 of justice ; vacation time. 
 
 Jnstns, I. Just ; right ; lawful ; according to law. 
 
 Jnvenes, I In old English law. Inferior clerks of chancery, so called. 
 
 Jnxta, I. According to. Jnxta conventionem: according to the cove^ 
 nant Jnxta formam statnti: according to the form of the statute. 
 Jnxta ratam: at or after the rate. J nxta tenorem seqnentem : 
 according to the tenor following. 
 
 K. An abbreviation of king. K. B.: King's bench. K. C: King's 
 council, counseL 
 
 Eaia, 11 A key, or quay. Eaiaginm: kayage or wharfage. 
 
 Kain, sc In Scots law. In ancient grants, the fowls or animals pay- 
 able to the superior ; in modern practice, the poultry, etc., payable 
 by a tenant to his landlord in terms of his lease. 
 
 Kalendee, L Kalends or calends, v. CalendcB. 
 
 Kalendar. v. Calendar. 
 
416 KALENDAEIUM — KING'S BENCH. 
 
 Ealendarium, I. In the civil law. A calendar, a book of accounts; a 
 book of accounts of money loaned out on interest, — so called be- 
 cause the interest was received on the calends of each month. 
 
 Kantref, brit A hundred villages ; a hundred ; a division of a county 
 in Wales. 
 
 Earl, karle, carl, sax. In Saxon and old English law. A man ; a 
 serving man. 
 
 Keelage. In English law. The right to exact a toll of ships in harbor ; 
 the money paid as such toU. 
 
 Keep. To maintain ; to retain ; to harbor ; to have in possession. Keep 
 house: as applied to a trader, to secrete one's self in one's house to 
 avoid one's creditors. Keep liquor: to have in possession, with in- 
 tent to sell. Keep opeu: as applied to a shop or saloon, to allow 
 general access, though the entrance is closed, for the purposes of 
 traffic. 
 
 Keeper. One who keeps ; one who harbors or has in possession ; an 
 owner or proprietor ; a person in charge, as of attached personalty. 
 In English law. Keeper or lord keeper of the great seal: a high 
 officer of state who keeps the great seal of England, whose office 
 since the statute 5 Eliz., c. 18, has been united with that of the 
 lord chancellor. Keeper of the privy seal: a high officer of state, 
 through whosa hands pass all charters signed by the king, before 
 they come to the great seal. 
 In old English law. Keeper of the forest: an officer who had the 
 principal government of all things relating to the forest. 
 
 Kenning to a terce, sc. In Scots law. The act of the sheriff in ascer- 
 taining the portion of the husband's lands which belong to the 
 widow in right of terce, or dower. 
 
 Kernellare, I I. In old English law. To fortify or embattla Kernel- 
 lare domum: to build a house with a wall or tower kenielled or 
 crenelle. 
 
 Keys. In old English law. A guardian, warden or keeper. 
 In old Scots law. Keys of court: certain officers of courts. 
 
 Kidnaping. The stealing and carrying away, or secreting of a person ; 
 an aggravated kind of abduction. 
 
 Eil, I. fr. That he. Kil facent les arannt dites charteres pnplier, 
 e ke 11 facent: that he cause the aforesaid charters to be published, 
 and that he cause, etc. 
 
 Kin. Relation or relationship by blood. Kindred: persons legitinaately 
 related by blood. 
 
 King's Bench. In modern times, and up to the passing of the judica- 
 ture act, 36 & 37 Vict, c. 66, the highest court of common law in 
 England, consisting of a chief justice and four puisne justicesj 
 who were by their office the sovereign conservators of the peace, 
 and supreme coroners of the land. It was a remnant of the court 
 of Aula Regis, held in theory before the king himself, and took 
 
KING'S BENCH — LA. 41 7 
 
 cognizance of criminal cases on the crown side and of civil cases 
 on the plea side. Anciently its civil jurisdiction waa confined to 
 cases of trespass vi et armis, but by fictious of the Bill of Middlesex 
 and Latitat it usurped jurisdiction of all personal actions. It is 
 now a part of the Supreme Court of Judicature. Kind's Bcucli 
 Divisioii: that branch of the Supi'eme Court of Judicature whicli 
 has the jurisdiction formerly had by the court of King's Bench. 
 King's council: one of the two royal courts of the Norman period 
 consisting of a body of great men attendant on the king, at first 
 called the King's Court. King's counsel: v. Queen's counsel. 
 King's Court: a court or assembly of the Anglo-Norman period in 
 England, corresponding to the Witenagemote of the Anglo-Saxon 
 period which preceded ; one of the two royal courts of the Norman 
 period, a court consisting of a body of great men attendant on the 
 king, the original of the privy council ; a smaller court created in 
 the twelfth century, the original of the King's Bench. King's 
 silver: money formerly paid in in the Common Pleas pro licentia 
 concordandi in levying a fine. 
 
 Kinsbote, kinsbot, sax. In Saxon law. A composition or satisfaction 
 paid for killing a kinsman. 
 
 Kirby's or Kirkby's quest In English law. A record in the exchequer 
 of a survey of all the lands in England, made in the reign of Ed- 
 ward 1. by John de Kirkby. 
 
 Kissing the gospels. The act with which the ceremony of taking an 
 oath by laying the hand upon the gospels concludes. 
 
 Knight In English law. A title of honor next beneath that of a peer 
 or baronet. Knight of the shire: a member of parliament repre- 
 senting a county or shire, in contradistinction to a burgess, who 
 represents a borough or corporation. 
 In old English law. Knight-service: a free but uncertain service by 
 which lands were formerly held, being the most universal, and es- 
 teemed the most honorable, species of tenure ; tenure in chivalry. 
 Knight's fee: a certain quantity of land, the possession of which 
 was necessary to make a tenure by knight-service. 
 
 Know all men. A form of public address, of great antiquity, with 
 which many written instruments still begin. 
 
 Knowingly, v. Scienter. 
 
 Kymortha, brit. In old English law. Assemblies. 
 
 L. An abbreviation of Latin, law, lord. L. C: Lord Chancellor. L. F.: 
 law French ; levari facias. L. L.: law Latin. L. R.: law reports. 
 L. S.: locus sigilli, q. v. LL.: laws, L. 5: long quinto, one of the 
 parts of the Year Books. 
 
 La, /. fr. There. La on: there where ; whereas. 
 
 La court se voet aviser de cest Issue, I. fr. The court will advise (in- 
 form itself) about this issue. 
 27 ' 
 
418 LABEL — LAND. 
 
 Label. In English law. A slip of paper or parchment affixed to a deed 
 or writing, for an appended seal ; a copy of a writ in the exchequer. 
 
 Labor. In the broadest sense, any kind of exertion, whether mental or 
 physicial ; in a narrower sense, the sense in which the word is com- 
 monly used in statutes, physical exertion only. v. Hard labor. 
 In old English law. Labor a jury: to tamper with a jury ; to en- 
 deavor to influence them in thoir verdict, or their verdict generally. 
 
 Laborer. A person who gains a living by manual exertion. 
 
 Laches, lachesse, lasches, I fr. and eng. Negligence ; neglect to do 
 something which by law one is bound to do ; inexcusable delay in 
 asserting a right 
 
 Lada, ?. I. In Saxon law. A purgation, or mode of trial by which one 
 purged himself of an accusation ; a water-course ; a trench or canal 
 for draining marshy grounds. 
 In old English law. A court of justice ; a lade or lath. 
 
 Lading, bill of. v. Bill 
 
 Lsesa inajestas, I In old English law. Injured majesty ; high treason. 
 
 Laesione fldel pro, I Suits for breach of contract, brought anciently 
 in the ecclesiastical courts. They were forbidden by the constitutions 
 of Clarendon. 
 
 LsBStnm, 1. 1. In old English law. A lathe ; a division of a county. 
 
 Lafordswic, hlafordswice, sax. In Saxon law. Treachery or treason 
 against a lord ; the betrayal of a master. 
 
 Lag, lali, lagh, sax., Laga, 1. 1, Lage, Lai, laie, I. fr. In old English 
 law. Law. Lage day, lagh day: a law-day ; a time of open court 
 
 Lagamannns, lagemannns, I. l, Lageman. In old English law. A 
 law-man ; a lawful man. 
 
 Lagan, sax. In old English law. Goods found floating in the sea at 
 a distance from the shore, under circumstances rendering it doubt- 
 ful where they were intended to come to land. Not to be confounded 
 with Ligan, q. v. 
 
 Lahman, sax. In Saxon law. A law-man, or lawyer. 
 
 Lahslit, lahslite, lagslit, laghslit, laxlite, laslit, sax. or daru In 
 Saxon or Anglo-Danish law. A breach or transgression of law ; pun- 
 ishment for breaking the law. 
 
 Laicns, laicnm, 1.1. In, old English law. Lay, as distinguished from 
 ecclesiastical; a layman.- Laicnm feodnm: a lay fea Laicnm 
 tenementnm: a lay tenement 
 
 Laiel, l.fr. Lawful. 
 
 Lairwite, layrwit,(leirwyte, legerwit, sax. In Saxon and old Englisii 
 law. A fine for committing adultery and fornication. 
 
 Laiser, I. fr. To let 
 
 Laisser, I. fr. To transfer ; to leave. 
 
 Laissier, I. fr. To prevent ; to omit or neglect 
 
 Land. In the most general sense, any ground, soil or earth whatsoever, 
 including everything under or above the surfaca Land warrant: 
 
. LAND - LARCENY. 419 
 
 a writing evidencing that the person named therein is entitled to a 
 quantity of public land therein specified. 
 
 Landboc, sax. In Saxon law. A charter or deed by which lands or 
 tenements were given or held. 
 
 Landcheap. In old English law. A customary fine, paid at every 
 alienation of land within certain manors or within the liberty of cer- 
 tain boroughs. 
 
 Landegandmaii, sax. In old English law. A kind of customary ten- 
 ant or inferior tenant of a manor. 
 
 Landgable, landgavel, sax. In old English law. A tax or rent issuing 
 out of land ; a quit rent 
 
 Landimer. In old English law. A limit or boundary of land. 
 
 Landing. A place on the bank by navigable water for the lading and 
 unlading of vessels, and the receiving and discharging of passengers 
 on the same. 
 
 Landirecta, 1. 1. In Saxon lavx Services and duties laid on all who 
 held laud. 
 
 Landlord. A person of whom lands or tenements are held, subject to 
 
 the payment of rent Landlord's warrant: written authority from 
 
 a landlord to levy on property of the tenant and to make sale of the 
 
 I same, to constrain the tenant to observe a condition of the contract 
 
 of letting. 
 
 Landman. A terre-tenant 
 
 Landreeve. In English law. A person whose business it is to overlook 
 certain parts of an estate. 
 
 Land-tax. In English law. A tax on land, which has superseded all 
 the former methods of rating either property, or persons in respect 
 of their property. 
 
 Land-tenant. A person who actually possesses land; a terre-tenant 
 
 Langemanni, I. I. In old English law. Lords of manors. 
 
 Langnidns in prisona, I. Sick in prison ; a sheriff's return to a capias. 
 
 Langnor, I. I. In old English law. Sickness ; a confirmed and linger- 
 ing sickness. 
 
 Lapse. In English ecclesiastical law. A slip or omission ; a species of 
 forfeiture, whereby the right of presentation to a church accrues to 
 the ordinary by neglect of the patron to present, to the metropol- 
 itan by neglect of the ordinary, and to the king by neglect of the 
 metropolitan. 
 
 Lapse. To fall, slip or sink; to fail of its object; to become void. 
 Lapsed: become ineffectual ; failed of its destination. Lapsed de- 
 vise: a devise which fails, or takes no effect, in consequence of the 
 death of the devisee before the testator. Lapsed legacy: a legacy 
 which becomes void by reason of the death of the legatee before the 
 testator. 
 
 Larceny, Larcyn, larcin, I. Jr. The forcible or fraudulent taking and 
 carrying away of the goods of another, with intent to convert them 
 
4:20 LARCENY — LATIN. 
 
 to the taker's own use, and make them his property. Larceny is 
 either simple or compound ; compound whei'e it is a taking from 
 the house or the person of the owner, and simple in all other cases. 
 Formerly there was also a distinction between one act and another 
 on the basis of the value of the goods taken, a taking of goods of 
 more than a certain value being called grand larceny, of goods of 
 less value, petit larceny, v. Embezzlement; Extortion; False pre- 
 tenses; Robbery. 
 
 Larecin, I. fr. A thing stolen. 
 
 Large, I. fr., Largus, I. Large ; broad ; comprehensive. 
 
 Laron, laroun, laran, I. fr. A thief. 
 
 Last, hi English law. A burden ; a weight or measure of various com- 
 modities ; a court held in the marshes of East Kent, in which ordei's 
 were made and taxes were levied for the preservation of the marshes. 
 
 Last. Latest ; most recent Last will: a term, according to Lord Coke, 
 more pioperly used where lands and tenements are devised. 
 In English law. Last heir: he to whom lands come by escheat for want 
 of lawful heirs. 
 
 Lastage. In old English law. A custom exacted in certain fairs and 
 mai'kets to carry things where one will ; the burthen or ballast of a 
 ship ; a kind of tax or tribute ; a Gustom paid for wares sold by the 
 last; a duty of a penny for every quarter of corn, or ten pence for 
 every last. 
 
 Lastns, lestus, I. I In old English law. A last ; a weight or measure 
 of hides, wool and other articles. 
 
 Lata culpa, 1. Gross fault or neglect ; extreme negligence or careless- 
 ness ; — dolo aiqulparatnr: gross negligence is equivalent to fraud ; 
 — plane dolo comparabitur: gross negligence may clearly be put 
 on a level with fraud. 
 
 Latens, I, Latent. Hidden ; not on the surface. Latens ambiguitas: 
 an ambiguity not evident, not on the surface. 
 
 Laterare, I. I. In old English law. To lie sideways ; literally, to side. 
 
 Lathe, leth. In English law. A larger division of a county, inter- 
 mediate between the shire and hundred, containing several hun- 
 dreds. 
 
 Lathe-reeve, lathreve, leidgreve, sax. In Saxon law. An ofiBcer who 
 had authority over a latha 
 
 Latifandium, I. In Eoman law. An estate of large extent, made up of 
 an aggregation of small estates. 
 
 Latin. The language not only of the civil and the canon law, but of 
 the early European codes, of much of the old common law of Eng- 
 land and Scotland, and of a large portion of the public, civil and 
 maritime law of later times. The Latin of the law subsequent to 
 the Code and the Institutes of the Roman law is, however, of the 
 technical dialect known as law or low Latin, — a language following 
 the English to some extent in the order of words, containing many 
 
LATIN — LAW. 421 
 
 words formed from the English by addition of a Latin termination, 
 and being virtually a variety of what is called low Latin, the Latin 
 of the middle ages. 
 
 Latini, I. In the civil law. An inferior kind of freedmen, who did not 
 have the full privilege of Roman citizens, but only what was called 
 the lesser liberty. 
 
 Latitare, I. In old English law. To keep out of the way, to avoid being 
 served with process ; not to appear when summoned. Latitat: he 
 lurks or lies hid ; a writ which issued in personal actions on a re- 
 turn of non est inventus to a bill of Middlesex. 
 In the civil law. To hide ; to lie hidden from one's creditors. 
 
 Latitatio, I. I In the civil and old English lam. A lurking, or con- 
 cealment of the pei-son ; a lying hid. 
 
 Lato sensn, /. In a broad sense. 
 
 Latori prsesentium, I. To the bearer of these presente. 
 
 Latro, I. In the civil and old English law. A robber ; a thief. 
 
 Latrocininm, I. In old English law. Larceny or theft ; a thing stolen ; 
 the liberty of infangenthef. 
 
 Landare, I. In the civil law. To name ; to cite or quote ; to show one's 
 title or authority. 
 In feudal law. To determine or pass upon judicially. 
 
 Landatio, I. In the civil law. A praising or commending ; a speaking 
 in one's favor ; testimony in favor of the character of an accused 
 person. 
 
 Landeminm, landiminm, I. In the civil lato. A sum paid by a new 
 emphyteuta who acquires the emphyteusis, not as heir, but as a 
 singular successor. 
 
 Landum, I. I. In old Scots law. Sentence or judgment ; dome or doom. 
 
 Lans deo, I. Praise be to God ; an old heading to bills of exchanga 
 
 Lan^hlesnian, I. In old English law. An outlaw. 
 
 Law. In the most general sense, a rule of action prescribed by a su- 
 perior ; a rule of human action ; a system of such rules. In a stricter 
 sense, a rule of civil conduct, prescribed by the supreme power in a 
 state; a command addressed by a sovereign to his subjects impos- 
 ing duties and enforced by punishments. In the strictest sense, a 
 rule prescribed by the legislative power; a statute. Law day: the 
 day limited in a mortgage or trust deed for payment of the debt 
 thereby secured. Law merchant: the general body of usages among 
 merchants, in matters relative to commerce, throughout the civilized 
 world, — otherwise called commercial law. Law of arms: the law 
 which gives precepts and rules concerning wai-, — now more com- 
 monly called the law of war. Law of the land: due process of law. 
 Law of nations: a system of rules and principles established among 
 nations, for the regulation of their intercourse, — otherwise called 
 international law ; the jus gentium of the Romans. Law of nature: 
 a rule of conduct arising out of the natural relations of human 
 
422 LAW — LEAPING. 
 
 beings, established by the Creator, and existing prior to any positive 
 precept, — otherwise termed natural law. Law of war: v. Jus belli. 
 In old English law. An oath, — particularly that kind of oath which 
 was taken with compurgators, in the proceeding called making 
 law, or less correctly, wager of law; a freeman's privilege of being 
 sworn in court as a juror or witness. Law day, or lage day: a 
 day of open court, commonly used for the more solemn courts of 
 a county or hundred; the court leet, or view of frankpledge. Law 
 of the staple: the law-merchant 
 In Scots law. Law burrows: security to keep the peace, or more 
 
 properly a process for obtaining such security. 
 In old Scots law. Law borgh: a pledge or surety given for a party's 
 appearance in court 
 
 Lawful. Authorized by law ; conformable to law ; in accordance with 
 law. Lawful man: a man free and capable of bearing oath. Law- 
 ful money of the United States: lawful money of any state or 
 territory. 
 
 Lay. To allege or state in pleading. Lay damages: to state at the con- 
 clusion of a declaration the sum claimed in the action. Lay the 
 venue: to state the county as that in which the plaintiff proposes 
 the trial shall be had. v. Venue. 
 
 Lay, I. fr. and eng. Not clerical or ecclesiastical. Lay corporation: a 
 corporation composed of laymen, or established for temporal pur- 
 poses. Lay days: days allowed in charter-parties for loading and 
 imloading. 
 In English laxo. Lay fee: a fee held of a lay lord, or by lay tenure j 
 the ordinary feudal tenure. Lay impropriator: a lay person hold- 
 ing a spiritual appropriation. 
 
 Lays gents, lays gens, lais gens, I. fr. In old English law. Lay peo- 
 ple ; the common people or laity ; a jury ; jurors. 
 
 Le, I. fr. In old English law. The. Used anciently in the composition 
 of names. Le roy le veut: the king wills it ; the form of the royal 
 assent to a bill in parliament Le roy remercie ses loyal sujets, 
 accepte leur benevolence, et aussi le vent: the king thanks his 
 loyal subjects, accepts their benevolence, and wills it to be so; the 
 form of assent to a bill of supply. Le roy s'avisera: the king will 
 advise upon it ; the form of dissent to a bill. Le roy Toet: the king 
 wills ; the initial woi'ds of the royal answer to a petition of the com- 
 mons in parliament Le salut du penple est la supreme loi: the 
 public welfare is the highest law. 
 
 Lead. To conduct or direct ; to conduct in the way of duty. Lead a use: 
 to specify or direct the use to which a conveyance is to operate. Lead 
 a witness: to suggest by the mode of interrogation the answer desired. 
 Lead in a cause: to have the management of the trial upon one sida 
 
 Leading case. A reported case the decision in which is considered as 
 settling the law on the point or points involved, and which is looked 
 
LEADING — LEGACY. 423 
 
 upon and followed as a guide for subsequent decisiona Leading 
 counsel: v. Lead. Leading question: v. Lead. 
 
 Leal, I. Jr. In old English law. Lawful ; loyal ; liege ; a liege. Leal 
 matrimoine: lawful marriage. 
 
 Lealiueut, leanment, I fr. Lawfully. 
 
 Lealte, /. /r. Legality ; the condition of a legalis homo, or lawful man. 
 
 Lease. A conveyance of an estate in lands or tenements (usually in 
 consideration of rent or other annual recompense), less than that of 
 the grantor, for life, for years or at will. Lease and release: a con- 
 veyance deriving its efficacy from the statute of uses, and evading 
 livery of seisin and enrolment, now the most common method in 
 England, of conveying freehold estates. It is a compound conveyance, 
 consisting of a lease, or rather a bargain and sale, and a release, con- 
 stituting separate deeds. The lease makes the lessor or bargainor 
 stand seised to the use of the bargainee in whom the use is thus 
 vested ; to the use the statute immediately unites the possession ; 
 and the bargainee, being thus in possession, can receive a release 
 completing the conveyance. 
 
 Leasehold. An estate in land for a term of years. 
 
 Leasing-making'. In old Scots law. An ofEense consisting in slander- 
 ous speeches, in contempt of the king, his council and proceedings, 
 etc 
 
 Leasam, sc. < In old Scots law. Lawful 
 
 Leante, t fr. Sufficiency in law ; legality. 
 
 Leave. To die owning, as seised of ; to dispose of by wilL 
 
 Leda, 1. 1. In old English law. A lathe ; a division of a coimty. 
 
 Leder, I fr. To hurt; Ledera: shall hurt. Ledez: hurt 
 
 Ledgrevius, Z. I. In old English law. A lathe-reeve, or chief officer 
 of a latha 
 
 Leet. In English law. A court of criminal jurisdiction, formerly of 
 much importance, but latterly fallen into disuse. 
 
 Legabilis, I. In old English law. That which may be bequeathed. 
 
 Legacy. A bequest of goods and chattels ; a gift of personalty by wilL 
 Contingent legacy: a legacy in which no immediate interest passes 
 to the legatee, but the title to which depends on the legatee being in 
 a condition to receive it when due. Cumulative legacy: a legacy 
 given in addition to one given before. Demonstrative legacy: a 
 legacy directed to be paid out of a particular fund. General legacy: 
 a legacy payable out of any assets. Lapsed legacy: a legacy which 
 has failed through the death of the legatee before the testator, or be- 
 fore a given age or event Residuary legacy: a bequest of all of 
 the personal estate of the testator not otherwise disposed of. Specific 
 legacy: a legacy of a particular piece of property. Vested legacy: 
 a legacy the interest in which is so fixed as to be transmissible to 
 the personal representatives of the legatea v. Abatamentum. 
 
424: LEGAL — LEGEM. 
 
 LegaL According to law, sufficient to answer the requirements of the 
 law, as a legal condition, consideration, contract, notice, or obliga- 
 tion ; authorized or permitted by law, as legal discretion, interest, or 
 tender ; implied or imputed in law, as legal malice ; designated or 
 appointed in law, as legal representative ; governed by or construed 
 according to rules of law, in contradistinction to rules of equity, as 
 legal assets, or proceedings, a legal defense, estate, interest, remedy 
 or right ; relating to the science or practice of the law, as the legal 
 profession, legal advice, etc. Legal assets: that portion of the as- 
 sets of a decedent which by law are directly liable, in the hands of 
 his executor or administrator, to the payment of debts and legacies. 
 Legal estate: that estate which is properly cognizable in courts of 
 law, though noticed, also, in courts of equity. Legal remedy: for 
 breach of contract, includes not merely a direct judicial proceed- 
 ing, but any mode or means for enforcing performance for which 
 the contract provides and which the law permits. 
 In English law. Legal memory, memory of man: a period fixed by 
 the statute of Westm. 1, to begin with the reign of Richard 1 ; since 
 reduced to twenty years. 
 
 Legale concilium, I. The king's council at law ; the king's council in 
 matters of law. 
 
 Legalls homo, Z. Z. In' old English law. A lawful man; a person to 
 whom no objection could be made in a court of justice. 
 
 Legalitas, I L The quality, character or condition of a legalis homo; 
 behavior according to law ; good behavior. 
 
 Legare, I. In tlie eiml and old English law. To bequeath ; to leave or 
 give by will ; to give in anticipation of death. 
 
 Legatarins, 1. In the civil law. One to whom a thing is bequeathed ; 
 a legatee, or legatary. 
 
 Legatee. The peraon to whom a legacy is given. ' 
 
 Legatine constitutions. In English law. Ecclesiastical laws enacted 
 in national synods held under the cardinals Otho and Othobon, in 
 the reign of Henry III., about 1320 and 1268. 
 
 Legatum, I. In old English law. A legacy ; a gift by will. , 
 In the civil law. A legacy ; a gift by will ; a gift left by a deceased 
 person, to be executed by the heir. 
 
 Legatns, I. A legate ; an ambassador, envoy or nuncio. Legates vio- 
 lare contra jus gentium est: to offer violence to ambassadors is 
 against the law of nations. 
 
 Legem, I. In old English law. Law. Legem amittere: to lose the law, 
 or privilege of being admitted to oath. Legem facere: to make law 
 or oath. Legem habere: to have law ; to be capable of giving evi- 
 dence upon oath. Legem terras amittentes perpetuam infamise 
 notam inde merito incurrnnt: they who lose the law of the land 
 justly incur therefor the perpetual brand of infamy. Legem Ta- 
 diare: to wage law. 
 
LEGEM — LEGITIMATIO. 426 
 
 In the JRoman law. Legem ferre: to propose a law to the people for 
 their adoption. Legrem jubere or sciscere: to give consent and 
 autliority to a proposed law. 
 
 Leges, L Laws. Leges Angliic: the laws of England, as distinguished 
 from the civil law and other foreign sysftems. Leges flgendi et 
 reflgendi consnetudo est perlculosissima: the practice of making 
 and remaking the laws is most dangerous. Leges non verbis sed 
 rebus sunt impositse: laws are imposed not on words but tilings. 
 Leges posteriores priores coiitrarias abrogant: later laws abro- 
 gate prior laws that are contrary to them. Leges Komansc: the 
 Roman laws. Leges sub graviore lege: laws under a weightier 
 law. Lege^ sunin ligent latorem: laws should bind their own 
 maker. Leges vigilantibus non dormientibns snbveniunt: laws 
 are for the aid of those who are diligent, not those who sleep upon 
 their rights. 
 
 In English laio. Leges non scriptse:- unwritten or customary laws, in- 
 cluding those ancient acts of parliament which were made before 
 time of memory. Leges scriptse: written laws ; statute laws, orig- 
 inally reduced to writing before they are enacted. 
 
 In the Roman law. Leges tabellariee: laws regulating the mode of 
 voting by ballot 
 
 Legibns solntas, L In the Roman law. Released from the laws ; not 
 bound by the laws. Applied to the emperor. 
 
 Legis, I Of law ; of the law. Legis constrnctio non facit injariam: 
 the construction of the law does no wrong, works no injury. Legis 
 interpretatio legis viin obtinet: the interpretation of law acquires 
 the force of law. Legis minister nou tenetnr in executione of- 
 Hcii sni, fngere aut retrocedere: the minister of the law is bound, 
 in the execution of his oflSce, not to fly nor to retreat 
 
 Legisperitns, /. I. A person skilled or learned in the law ; a lawyer or 
 advocate. 
 
 Legit ut clericns, I. I. In old English law. He reads as a clerk ; the 
 answer made by the ordinary to the question Legit vel nonj im- 
 porting that the accused could read, and was thus entitled to the 
 benefit of clergy. 
 
 Legitim. In Scots law. The children's claim out of the free movable 
 estate of their father. 
 
 Legitima potestas, I. Lawful power. 
 
 Legitimacy. Lawful birth ; the condition of being born in wedlock. 
 
 Legitimate. Lawfully born ; born in lawful wedlock. 
 
 Legitimate. To confer legitimacy ; to place a child born out of wed- 
 lock on the footing of those born in wedlock. 
 
 Legitimatio, I. In English law. Illegitimacy ; lawful birth. 
 In the civil law. A making lawful ; the conferring of a lawful char- 
 acter, as upon children born before marriage ; legitimation. 
 
4:26 LEGITIMATION — LETTEEa 
 
 / 
 
 Legitimation. The act of making legitimate; the act of conferring 
 legitimacy on a child born out of wedlock. 
 
 Legitime, I. Lawfully; with authority of law. Legitime imperanti 
 parere necesse est: one who commands lawfully must be obeyed. 
 
 Legitimitas, I. I. In old English law. Legitimacy; the condition of 
 being lawfully born. 
 
 Legitimus, I. Lawful ; legitimate. Legitimas hseres et fllins est qnem 
 nupti% demoustrant: a lawful son and heir is he whom the mar- 
 riage points out to be lawful 
 
 Legnleius, I. A person skilled in law., 
 
 Leidgreve. In Saxon law. An officer who had jurisdiction over a 
 lathe. 
 
 Leipa, 1. 1. In old English law. A fugitive or runaway. 
 
 Leonina socictas, I. The lion's partnei'sbip, — a partnership in which 
 one party has all the benefit 
 
 Lesion, /r. Damage; injury; detriment 
 In the civil law. The injury suffered by one who does not receive a 
 full equivalent for what he gives in a commutative contract ; in- 
 equality in contracts. 
 
 Lessee, I. fr. and eng. He to whom a lease is made for life, or years, or 
 at will. 
 
 Lessor, /. fr. and eng. He who lets lands for a term of life, or years, or 
 at will. 
 
 Lestage, lastage. In old English law. A custom claimed in fairs <a 
 markets for carrying things. 
 
 Lestinge, sax. In old English law. Acquittance from lestage, 
 
 Lestus, lastus, I. I In old English law. A last ; a measure of com- 
 modities. 
 
 Let. Hindra,hce; interruption. 
 
 Let. To permit; to give leave to ; to demise or lease ; to deliver ; to 
 award, as a contract Let in: to admit a party as matter of favor. 
 
 Leta, I. I. In old English law. Leet ; a court leet 
 
 Letter. A written communication from one person to another. 
 In English law. Letter missive: a letter sent by the Lord Chancellor 
 to a peer, defendant in the court of Chancery, requesting his appear- 
 ance, together with a copy of the bill ; a letter from the king to a 
 dean and chapter naming the person whom he would have them 
 elect as bishop. Letter of license: a written instrument given by 
 creditors to a debtor who has failed, allowing him longer time for 
 the payment of his debts in the meantime. 
 
 Letters. A writing giving authority or making an appointment, — in a 
 form given, from an early period, to many written instruments, as 
 letters patent, writs, appointments of attorney, of executore and ad- ■ 
 mimstrators, and some kmdsof conveyance. Letters of administra- 
 tion: the instrument by which an administrator is authorized to 
 
LETTERS — LEVITICAL 427 
 
 administer upon the estate of an intestata Letters of attorney: a 
 writing authorizing a person to do any lawful act in the stead of 
 another. Letters of credit: letters requesting a person to credit 
 the bearer or other person named, witn a certain sum on account of 
 the writer. Letters oi exchange: a bill of exchange. Letters of 
 marque and reprisal: a commission issued by the authority of a 
 sovereign, to one or more subjects, authorizing the seizure of the 
 property of the subjects or sovereign of an oflEending nation, and its 
 detention as a pledge, until satisfaction for the injury complained of 
 is made. Letters testamentary: an instrument granted to an exec- 
 utor, after probate of a will, authorizing him to act as executor. 
 In English law. Letters close, or clause: letters or writs closed and 
 sealed on the outside. Letters patent: the modern form of royal 
 grants, called patent, because they are not sealed, but exposed to 
 open view, with the great seal pendant at the bottom, and usually 
 directed or addressed to all subjects at larg^. v. Patent. 
 In English ecclesiastical law. Letters of request: an instrument by 
 which a suit is begun in the court of arches, instead of the consis- 
 tory court, being a letter by which the judge of the inferior court 
 requests the superior judge to take cognizance thereby waiving his 
 own jurisdiction. 
 In old Scots law. Letters of slanes or slains: a kind of bond by 
 which the relatives of a murdered person bound themselves, in con- 
 sideration of an assythment, or composition paid to them, to forgive 
 the murderer. 
 
 Lettre, I. fr. In old English law. A letter ; a conveyance or grant, 
 so called from its form ; a written authority to an attorney ; a writ 
 
 Levandse navis causa, /. For the purpose of lightening the ship. 
 
 Levant et conchant, I. fr., Levantes et cubantes, I. I. Rising up and 
 lying down, — a term applied to trespassing cattle which have been 
 long enough on the land to have lain down and risen up to feed, — 
 one night, at least, or rather a night and a day. 
 
 Levare, 1. 1. In old English law. To raise, lift, set, put or cast up ; to 
 build or construct; to levy. Levare domum: to raise or erect a 
 house. Levare fossatnm: to throw up a dyke or ditch. Levare 
 nocnmentum: to levy a nuisance. Levare stagnum: to make a 
 pool or pond. 
 
 Levari facias, I. I. In English law. You cause to be levied ; a writ of 
 execution, commanding the sheriff to levy or make of the lands and 
 chattels of the judgment debtor the sum recovered by the judgment 
 
 Levis, Z. Light; slight; trifling. Levis culpa: slight fault or neglect 
 Levis nota: a slight mark or brand. Levissima culpa: the slightest 
 neglect 
 
 Levitical degrees. Degrees of kindred within which persons are by 
 the English and American law prohibited to marry. Defined by the 
 Levitical law. 
 
428 LEVY — LEX 
 
 Levy. To collect by execution ; to take or seize in execution. 
 In old English law. To raise, lift, cast, throw, set or put up ; to erect 
 or build ; to make or construct In later law, to carry on certain 
 proceedings at law, especially those peculiar to fines of lands; to 
 acknowledge a fine. 
 
 Levy. A taking or seizure of property under execution. 
 
 lex, I. Law ; a law ; the law ; in the language of the middle ages, a 
 body or collection of law, not a code in the proper sense. Lex aeqni- 
 tate gaudet: law delights in equity. Lex Alainannoriini, or Ale- 
 inannoriim: thelawof the Alemanni; first reduced to writing from 
 the custom of the country, by Theodoric, king of the Franks, in 513, 
 and amended and re-enacted by Clotaire IL Lex .Ingliae: the law of 
 England, — one of the names of the common law ; — est lex miseri- 
 cordiae: the law of England is a law of mercy ; — non patitnr 
 absurdum: the law of England does not suffer an absurdity ; — nnn- 
 quam matrls, sed semper patris conditionem imitari partnm 
 jndicat: the law of England adjudges that the offspring shall never 
 follow the condition of the mother, but always that of the father ; 
 — nunquam sine parliainento mutari potest: the law of England 
 can never be changed without parliament Lex Baiavariornm, 
 Baioriorum, or Boloruni: the law of the Bavarians, first collected, 
 together with the law of the Franks and Alemanni, by Theodoric L, 
 and finally completed and promulgated by Dagobert Lex barbara: 
 the barbarian law, — a term applied to the law of those nations that 
 were not subject to the Roman empire. Lex beneficialis rei con- 
 simili remcdiain praestat: a beneficial law affords a remedy in a 
 similar casa Lex Brehoula: the Brehon law of Ireland. Lex 
 Bretoyse: the law of the Britons or marches of Wales. Lex Bnr- 
 gnndionnm: the law of the Burgundians, first compiled and pub- 
 lished by Gundebald, about 500. Lex citius tolerare vnlt privatum 
 damnam, quam publicum malum: the law will sooner tolerate a 
 private loss than a public evil. Lex communis: the common law. 
 Lex Danoram: the law of the Danes. Lex dcraisina: a branch of 
 Norman law, defined in the Coustumier to be a law by which a 
 party sued declared that he did not do the act with which he was 
 charj,ed. Lex deflcere non debet in jnstitia exhibenda: the law 
 ought not to fail in showing justice. Lex dilationes semper ex- 
 horret: the law always abhors ^delays. Lex domicilii: the law of 
 the domicil. Lex est ab seterno: law is from everlasting. Lex est 
 dictamen rationis: law is the dictate of reason. Lex est norma 
 recti: law is a rule of right Lex est ratio summa, quae jubet 
 quae sunt utilia et necessaria, et contraria proliibet: law is the 
 perfection of reason, which commands what is useful and necessary, 
 and forbids the contrary. Lex est sanctio sancta, jubens honesta et 
 proliibens cojitraria: law is a sacred sanction, commanding what is 
 right and prohibiting the contrary. Lex est tiitissima cassis; sub 
 
LEX 429 
 
 clypeo legis nemo decipitur: law is the safest helmet ; under the 
 shield of the law no one is deceived. Lex et consuetude parlia- 
 menti: the law and custom of parliament Lexetconsuetudoregni: 
 the law and custom of the realm ; the common law. Lex faTct doti: 
 the law favors dower. Lix fliig'it nbi subsistit iequitas: the law 
 feigns where equity exists. Lex fori: the law of the /oi'mto or court: 
 the law of the place or state where a remedy is sought, or an action is 
 instituted. Lex Francorum: the law of the Franks, promulgated by 
 Theodoric I. with the law of the Alemanni and Bavarians. Lex Fris- 
 ionum: the law of the Frisians, promulgated about the middle of 
 the eighth century. Lex Gothica: the Gothic law, or law of the 
 Goths, — first promulgated in writing in 466. Lex iuteudit yicinuin 
 Ticini facta scire: the law intends [or presumes] that one neighbor 
 knows what another neighbor does. Lex imperatoria: the imperial 
 or Roman law. Lex judicat de rebus necessario facicndis, quasi 
 re ipsa factis: the law judges of things that must necessarily be 
 done, as if they were in fact done. Lex loci contractus, or lex 
 loci: the law of the place of a contract ; the law of the place where 
 a contract is made, or is to be performed. Lex loci rei sita): the 
 law of the place where a thing is situated. Lex Longobarrtorum: 
 the law of the Lombards, — a code of laws first framed by Rotharis, 
 about 620. Lex manifesta: manifest or open law ; the trial by duel 
 or ordeal. Lex mercatoria: the lawr-merchant. v. Law. Lex ne- 
 cessitatis est lex temporis, i. e. instantis: the law of necessity is 
 the law of the time, that is, of the instant, or present moment Lex 
 neminem cogit ad vana sen inntilia peragenda: the law compels 
 no one to do vain or useless things. Lex nemini facit injuriam: 
 the law does injury to no one. Lex nemini operatnr iniquum: 
 the law works injustice to no one. Lex nil facit frustra: the law 
 does nothing in vain. Lex nil frustra jubet: the law commands 
 nothing vainly. Lex non cogit ad impossibilia: the law does not 
 compel the doing of impossibilities. Lex non dellcit in justitia 
 exhibenda: the law does not fail in showing justice. Lex non in- 
 tendit aliqnid impossibile: the law does not intend any thing im- 
 possible. Lex non praecipit inntilia, quia inntilis labor stultus: 
 the law does not command useless things ; for useless labor is folly. 
 Lex non patitur fractiones et divisiones statuum: the law does 
 not suffer fractions and divisions of estates. Lex non requirit yer- 
 iflcari quod apparet curiae: the law does not require that to be 
 verified [or proved] which is apparent to the court Lex non scripta: 
 law not written ; a law originating in custom, and deriving its force 
 from long and immemorial usage. Lex plus landatur quando ra- 
 tione probatnr: the law is the more praised when it is approved by 
 reason. Lex prospiclt, non respicit: the law looks forward, not 
 backward. Lex pnnit meudacium: the law punishes falsehood. 
 Lex rcjicit snperflua, [pngnautia]: the law rejects superfluous 
 
430 LEX 
 
 [and contradictory] things. Lex reprobat moram: the law repro- 
 bates delay. Lex Bhodia: the Rhodian law, particularly the frag- 
 ment on jettison, preserved in the Pandects. Lex Sallca: the Salic, 
 Salique, or Salian law ; the law of the Salians or Salian Franks — 
 the oldest of the baruarian codes, having been framed, it is said, 
 about 433. Lex scripta: written law ; law deriving its force, not 
 from usage, but from express legislative enactment. Lex semper 
 dabit remediuin: the law will always give a remedy. Lex semper 
 iutendlt qaod convenit ration!: the law always intends what is 
 agreeable to reason. Lex spectat naturae ordinem: the law regards 
 the order of nature. Lex succurrit: the law aids, or assists ; — ig- 
 norant!: the law assists the ignorant ; — minoribus: the Jaw aids 
 minors. Lex talionis: the law of retaliation ; a law which pun- 
 ishes an injury by a similar injury, an eye for an eye, etc. Lex uno 
 ore omnes alloqnitnr: the law addresses all with one [the same] 
 mouth or voice. Lex TVallensica: Welsh law ; the law of Wales. 
 Lex "Wisigothornm: the law of the Visigoths, or Western Goths 
 who settled in Spain, — first reduced to writing in 466. 
 
 In old English law. The Roman civil law; an oath; the oath with 
 compurgators, in the proceeding called making law. Lex appar- 
 ens: apparent or manifest law, — a terra used to denote the trial by 
 battel or duel, and the trial by ordeal. Lex eomitatus: the law of 
 the county, or the law administered in the county court Lex non 
 exacte deflnit sed arbitrio boni Tiri permittit: the law does not 
 exactly define, but leaves to the discretion of a conscientious man or 
 judge. Lex terrae: in general, the law of the land ; due process of 
 law ; every lawful process and proceeding, in contradistinction to the 
 mode of trial by jury. In a stricter sense, trial by the ancient modes 
 long known to the law of the land, as by the lex manifesta, the 
 juramentwrn, duellum, or whatever it might be. In the strictest 
 sense, trial by oath ; the privilege of making oath. 
 
 In the Roman law. A rule of action binding a whole community ; a 
 written law or statute ; a law, especially, enacted or ordained by the 
 whole body of the Roman people, on the recommendation of a sen- 
 atorial magistrate ; that system of law which descended from the 
 Twelve Tables, and formed the basis of the Roman law ; positive 
 law, as opposed to natural law. Lex MUa Sentia: the ..Elian Sentian 
 law, proposed by the consuls ^lius and Sentius, and passed A. U. 
 756, restraining a master from manumitting his slaves in certain 
 cases. Lex agraria: the agrarian law, — a law proposed by Tiberius 
 Gracchus, A. U. 630, forbidding that any one should possess more 
 than five hundred acres of land, and providing for a division of any 
 excess among the poorer people. Lex Aquilia: the Aquilian law, — 
 a celebrated law passed on the proposition of the tribune C. Aquilus 
 
 ' Gallus, A. lU. 672, regulating the compensation to be made for that 
 kind of damage called injurious, in cases of killing or wounding the 
 
LEX — LEY. 431 
 
 slave or beast of another. Lex Atilia: the Atilian law, — a law passed 
 on the proposition of the tribune L. Atilius Eegulus, A. U. 443, re- 
 specting guardianships, authorizing the prsstor, with a majority of 
 the tribunes, to assign guardians to persons, where none had been ap- 
 pointed. Lex Atinia: the Atinian law, — a law declaring that the 
 property in things stolen should not be acquired by prescription. 
 Lex commissoria: a law by which a debtor and creditor might 
 agree, where a thing had been pledged to secure the debt, that if the 
 , debtor did not pay at the day. the pledge should become the abso- 
 lute property of the creditor ; a law according to which a seller 
 might stipulate that if, the price of the thing sold were not paid 
 within a certain time, the sale should be void. Lex Cornelia: the 
 Cornelian law; — de injuriis: the Ciornelian law respecting inju- 
 ries, — a law passed by the dictator L. Cornelius Sylla, providing 
 remedies for certain injuries; — de falso, or falsis: the Cornel- 
 ian law respecting forgery or counterfeiting ; — de sicariis et 
 venetlcis: the Cornelian law respecting assassins and poisoners. 
 Lex Falcidia: the Falcidian law ; a law passed on the motion of the 
 tribune P. Falcidius, A. U. 713, forbidding a testator to give more in 
 legacies than three-fourths of all his estata Lex Furia, or Fusia 
 Caninia: the Furian, or Fusian Caninian law ; a law passed in the 
 consulship of P. Fusius Camillus and C. Caninius Gallus, A. U. 752, 
 prohibiting masters from manumitting by will more than a certain 
 number or proportion of their slaves. Lex Hostilia: the Hostilian 
 law ; a law passed in the consulship of A. Hostilius and A. Atilius, 
 authorizing actions of theft to be brought in the names of captives, 
 or persons absent on business of the state. Lex Julia majestatis: 
 the Julian law of majesty ; a law promulgated by Julius Csesar, and 
 published with additions by Augustus, comprehending all laws before 
 enacted punishing transgressors against the state. Lex Fapia Pop- 
 psea: the Papian Poppaeanlaw ; a law proposed by the consuls Papius 
 and Poppseus, at the desire of Augustus, A. IT. 762, enlai'ging the Lex 
 Praetoria. Lex Praetoria: the Praetorian law; a law by which 
 every freedman who made a will was commanded to leave a moiety 
 to his patron. Lex regia: the royal law, — the law by which the 
 legislative power was transferred, or is said to have been transferred 
 by the Roman people to the emperor, and according to which the 
 will of the emperor was declared to have the force of law. 
 Ley, lay, lee, leie, ly, I. fr. Law. La ley voet plus tost saffer un iiiis- 
 clieife que un inconvenience: the law will sooner suffer a mischief 
 than an inconvenience. Le ley de l)ieu et le ley de terre sout 
 toat un: the law of God and the law of the land are all ona Le 
 ley favour' la vie d'un home: the law favors the life of a man. Le 
 jley favoar I'enheritance d'un liome: the law favors the inherit- 
 ance of a man. 
 
432 LEY — LIBER. 
 
 In old English law. Law, in the technical sense of an oath, or the 
 oath with compurgators. Ley ciyile: the civil or Roman law. Ley 
 gager: law-wager ; wager of law ; the giving of gage or security 
 by a defendant that he would make or perfect his law at a certain 
 day. 
 
 Libel. Literally, a little book, or writing ; in ecclesiastical practice, the 
 formal complaint, called simple when the cause is briefly set forth, 
 and articulate when it is set forth in distinct averments ; the first 
 pleading in a suit in admii-alty ; a petition for a divorce ; defama- 
 tion by written or printed words, signs, pictures, or the like. v. Def- 
 amation. 
 In the civil law. The first pleading in an action. 
 
 Libel. In admiralty practice, to proceed against, by filing a libel; to 
 seize under process, at the beginning of a suit. Applied commonly 
 to the seizure of vessels. 
 
 Libellaut. In admiralty practice, one who libels ; one who proceeds by 
 libel, or files a libel ; the complaining party in a suit in equity, or 
 a suit for divorca 
 
 Libellus, I In the civil and old English law. A libel ; a claim, in writ- 
 ing, of what is due to one ; the plaintiff's claim in an action. Libellns 
 famosus: a defamatory publication ; a libel. 
 In the Roman law. Literally, a little book, as a memorandum or ac- 
 count book ; a writing divided into pages, and folded in the form of 
 a little book ; d writing containing a complaint or claim against a, 
 person; a writing containing a formal accusation or complaint 
 against a person ; a written application or petition to the emperor ; 
 an appeal, in writing, from the sentence of a judga 
 In the feudal law. An instrument of alienation or conveyance, as of 
 a fief, or a part of a fief. 
 
 Liber, I. A book; a collection of law; a distinct part or principal 
 division of a work. Liber Assisarum: the Book of Assises, — a 
 collection of cases that arose on assises and other trials in the 
 countiy, constituting the fourth volume of the reports of the reign 
 of Edward IIL, and the fifth part of the published series of the Year 
 Books. Liber Feudorum: the Book of Feuds or Fiefs. Liber judi- 
 cialis: judgment book, or dome book. Liber niger: black book, — 
 a name given to several ancient records ; — Scaccarii: the Black 
 Book of the Exchequer, attributed to Gervase of TUbury. Liber 
 Bnber Scaccarii: the Red Book of the Exchequer. 
 In the Roman law. A book. Librorum appellatione contlnentnr 
 omnia TOlumina, sive in charta, sive in membrana sint, sire in 
 qnavis alia materia: under the appellation of books are included 
 all volumes, whether written on paper, or on parchment, or on any 
 other material. 
 In old English law. Free; a freeman; exempt from the power of 
 
LIBER — LIBERTAa • 433 
 
 another ; exempt from a general burden ; exempt from a servitude 
 or service; exclusive of a common right Liber baiicus: free 
 bench. Liber et le^alis bonio: a free and lawful man, — a term 
 applied to a juror, from the earliest period. Liber homo: a freeman. 
 In the civil law. Liber homo: a freeman. 
 
 Libera batella, 1. 1 In old English law. A free boat ; the right of 
 having a boat to fish in a certain water ; a species of free fishery. 
 Libera chasea, or chacia: a free chasa Libera eleemosyna: free 
 alms; frank-almoign. Libera falda: frank fold; free fold; free 
 foldage. Libera lex: frank law; free law; otherwise called lex 
 terrce. Libera piscaria: a free fishery. Libera warrena: free war- 
 ren. 
 
 Liberal construction. A construction which enlarges or restricts the 
 scope of an agreement or instrument to give a fuller effect to its real 
 meaning. 
 
 Liberare, I. In old English law. To deliver, transfer, or hand over, — 
 applied to writs, panels of jtirors, etc. Liberata pecauia non lib- 
 eral ofiferentem: delivered or tendered money does not release the 
 party offering. 
 In the civil law. To set free ; to liberate. 
 
 Liberate, 1. 1. In old English law. An original writ out of chancery to 
 the treasurer, etc., of the exchequer, for the payment of an annual 
 pension, or other sum ; a writ issued to a sheriff, for the delivery of 
 any lands or goods taken on forfeiture of recognizance ; a writ is- 
 sued to a gaoler, for the delivfery of a prisoner who had put in bail 
 for his appearance. 
 
 Liberatio, I In old English law. Livery; money paid for the de- 
 livery or use of a thing. 
 In old Scots law. Livery ; a fee given to a servant or officer. 
 In the civil law. Acquittance or discharge ; payment. 
 
 Libere, I. Freely,— a formal word in old conveyances. Tenere libera: 
 to hold freely, — words which, in a gift of land to a villein, had the 
 effect of making him a freeman. 
 
 Liberl, I. In Saxon law. Freemen ; the possessors of allodial lands. 
 In the dmllaw. Children, — the term including grandchildren and 
 their descendants. Liberi homines: freemen. 
 
 Libertas, I. In old English law. Liberty ; a liberty ; a privilege ; an 
 exemption ; a franchise. Libertas inestimabilis res est: liberty is 
 an inestimable thing ; a thing above prica Libertas non recipit 
 sestimationem: freedom does not admit of valuation. Libertas 
 omnibus rebus favorabilior est: liberty is more favored than all 
 things [any thing], v. In obscura, etc. ; Quoties, etc. 
 In the civil law. Liberty ; freedom. Libertas est natnralis facnl- 
 tas ejus quod caique facere libet, nisi si quid vi ant jure prohib- 
 etnr: liberty is the natural power of doing whatever one pleases, 
 except what is prohibited by force or law. 
 28 
 
434: LIBERTATES — LICENTIA. 
 
 Libertates, l Liberties. 
 
 Libertinns, I. In the civil law. A freed-man ; one who was manu- 
 mitted from lawful servitude 
 
 Libertus, I. In the civil law. A freed-man. 
 
 Liberty. Freedom from retraint; freedom. Liberty of speech: the 
 right freely to state facts and express opinions. Liberty of the 
 press: the right to print and publish anything that the publisher 
 may choose, without previous license. Liberty of worship: the 
 right freely to worship in any mode and in accordance with any be- 
 hef, doctrine or principle which does not violate the laws of morality 
 or property, nor infringe upon personal rights. 
 In English law. A privilege held by royal grant or prescription, whereby 
 men enjoy some benefit or favor beyond the ordinary subject ; a 
 privilege allowed to be exercised over another man's estate ; a place 
 or district within which certain exclusive privileges may be exer- 
 cised, 
 
 Liberuin, L Free. Libernm corpus: a free body ; the body or life of 
 a freeman ; — sestimationem non recipit, or — nnllam recipit 
 sestimatiouem: the body of a freeman does not admit of valuation ; 
 the life of a freeman is above all valuation. 
 In old English law. Liberum maritaginm: frank-marriage. Lib- 
 erum servitium: free service, that is, certain service. Liberum 
 socagium: free socage. Liberum tenementum: freehold; free or 
 frank tenement ; a free holding ; an estate held by a freeman ; a 
 plea of freehold ; a plea by the defendant in an action of trespass 
 that the locus in quo, etc. 
 
 Libra, I. In old English law. A pound. Libra arsa: a pound burned, — 
 that is, melted, or assayed by melting, to test its purity. Libra 
 nnmerata: a pound counted, — that is, paid or reckoned by tale, in- 
 stead of being weighed. Libra pensa, or pensata: a pound weighed, 
 or tried by weight 
 
 Librarins, I. In the Roman law. A writer or amanuensis ; a copyist 
 
 Librata, 1. 1. In old English law. A quantity of land yielding a pound 
 rent per annum ; a pound land. 
 
 Libripens, /. In the Roman law. A weigher, or balance-holder ; the 
 person who held a brazen balance in the ceremony of emancipation 
 per oes et lihram. 
 
 License. Permission ; authority ; permission to do an act which with- 
 out permission would be unlawful ; the written evidence of such 
 permission ; authority to do a particular act or series of acts on the 
 land of another, without passing an estate therein ; a conveyance of 
 a patent short of the entire monopoly for any given district. 
 
 Licensee. The person to whom a license is given. 
 
 Licensor. The person who gives a license. 
 
 Licentia, I. License; liberty; permission. 
 In old- English law. Liceutia coucordandi: license or leave to 
 agree, — one of the proceedings on levying a fine of lands. Licentia 
 
LICENTIA — LIEN. 435 
 
 loqueiidi: leave to speak [i e. with the plaintiff] ; an imparlance, 
 or rather leave to imparl. Liceutia surgendi: license to arise ; per- 
 mission given by the court to a tenant in a real action who had oast 
 an essoin de malo lecti, to arise out of his bed ; the name of the writ 
 issued in such a case. Licentia transfretandi: leave to cross the 
 sea; permission to cross the Strait of Dover. 
 
 Licere, I. To be lawful ; to be permitted by law. 
 In the Roman law. Licere, liceri: to ofifer a price for a thing ; to bid 
 for it 
 
 Licet, I It is lawful ; it is allowable ; it is permitted, v. Non debet, etc. ; 
 Non omne, etc. 
 
 Licet, I Although. Licet dispositio de interesse futnro sit inutilis, 
 tanien potest fieri declaratio prsecedens quae sortiatur eflfectnm, 
 intervenieiite novo actu: although a grant of a future interest be 
 inoperative, yet a declaration precedent may be made, which may 
 take effect provided a new act intervene. Licet ssepins requisltns: 
 although often requested ; a phrase in the clause which contained 
 the general averment of a request by the plaintiff in the old Latin 
 forms of declarations ; the name of that clause in the modern forms. 
 
 Licitare, I In the Roman law. To offer a price at a sale ; to bid ; to 
 make several bids, one above another. 
 
 LicitatiOD. In the civil law. An offering for sale to the highest bidder, 
 or to him who will give most for a thing ; an act by which co-heirs 
 or other co-proprietors of a thing in common and undivided between 
 them, put it to bid between them. 
 
 Licitator, I. ' In the Roman law. A bidder at a sale, 
 
 Licitum, I. Lawful ; permitted by law. Licita bene miscentnr, for- 
 luala nisi juris obstet: lawful acts [done by several authorities] 
 are well mingled [i. e. become united or consolidated into one good 
 act], unless some form of law forbid. 
 
 Lie. To be applicable ; to be proper to be used. v. Lying. Lie in: to 
 be capable of ; to be the subject or subject-matter of ; to consist in. 
 Lie to: to adjoin. 
 
 Liege. In feudal law. Bound ; bound in fealty to a lord ; bound to 
 that kind of fealty which was without any saving of the rights of 
 other lords; bound to serve the king as lord paramount Full; 
 perfect ; pure. Liege homage: homage due to the sovereign alone, 
 as supreme lord. Liege lord: a sovereign lord; the sovereign. 
 Liege man: a subject Liege widowhood: pure widowhood. 
 In Scots law. Lawful. Liege ponstie: lawful power; a state of 
 health which gives a person lawful power of disposition by will or 
 deed. 
 
 Lien. In general, a right to possess and retain property, until some 
 charge attaching to it is paid or discharged ; in a wider sense, a 
 charge upon property, real or personal, for payment of a debt The 
 right to possession is in general essential at law, but in equity, and 
 
\ \ 
 
 436 LIEN — LIMITATION. 
 
 in the law maritime, a lien may exist without possession ; and so 
 under special provisions of statute, as in cases of judgment lien, the 
 lien of mechanics or material men, or the like. 
 In old English law. A bond or tie. 
 
 Lier, Iyer, I. fr. To bind. Lie: bound. 
 
 Lieu conus, Z. fr. A known place ; a place well known and generally- 
 taken notice of by those who dwell about it. Lieu tenant, or 
 lieutenant: a person who holds the place of another ; a deputy or 
 substitute. 
 
 Life annuity. An annual income, the payments of which depend on 
 the continuance of any given life or lives. Life assurance: a spe- 
 cies of insurance, by which the insurer, in consideration of a sum 
 in gross, or of periodical payments, undertakes to pay a certain 
 sum, or an annuity, on the death of a person whose life is insured. 
 Life policy: a policy of life assurance. Life estate: an estate held 
 for the life of the holder, or of some other person ; a freehold estate, 
 not of inheritance. 
 In Scots law. Life-rent: an estate for life. Life-renter: a tenant 
 for life ; a person entitled to use and enjoy during life, without de- 
 stroying or wasting the substance. 
 
 Ligamen, I. In old English law. A bond or tie. 
 
 Ligan. In old English law. Goods sunk in the sea, but tied to a cork 
 or buoy, in order to be found again. 
 
 Ligare, I. To tie, or bind ; to enter into a league or treaty. 
 
 Ligea, I. I. In old English law. A liege-woman ; a female subject 
 
 Ligeance, ligeancy, Ligiantia, ligeantia, I. I. In old English law. 
 The bond of fidelity between the subject and sovereign ; the domin- 
 ions or territory of the king. 
 
 Light. A right to the access of the sun's rays to one's windows, free 
 from any obstruction by the occupier of the adjoining land. 
 
 Ligius, I. I In old English law. Bound ; bound to fidelity, fealty or 
 obedience; liege; subject; lawful; perfect. Ligia potestas: law- 
 ful power or capacity ; absolute power of disposal. Ligia viduitas: 
 pure widowhood. 
 
 Lignagium, I. I. In old English law. A right to cut fuel in woods. 
 
 Lignum, I. In old English law. Dead wood, or wood cut, as distin- 
 guished from arbot. 
 In the civil law. Wood ; fire-wood ; any thing prepared for burning. 
 
 Ligula, I. I. In old English law. A copy, exemplification or transcript 
 of a court-roll or deed. 
 
 Limit. To define, indicate or mark out the extent or duration of. 
 
 Limitare, /. In old English law. To limit ; to fix a boundary or period, 
 
 Limitatio, I. In old English law. Limitation ; a limitation. 
 
 Limitation. Eestriction; circumscription; boundary; the setting of 
 a bound or limit ; the fixing of a period. Limitation of actions: 
 the restriction, by statute, of the right of action to certain periods 
 
LIMITATION — LIQUIDATE. 437 
 
 of time, beyond which, except in specific cases, it will not be allowed. 
 Limitation of assise: in old practice, a time prescribed by statute 
 within which a man was required to allege himself, or his ancestor, 
 to have been seised of lands sued for by a writ of assise. Limita- 
 tion of estate: the definition or circumscription in any conveyance 
 of the interest which the grantee is intended to take. Words of 
 limitation are words which define the estate the grantee is to take, 
 as distinguished from words of purchase, which name the grantee. 
 
 Limited. Restricted in extent, duration, scope or character; confined. 
 Limited administi'ation: an administration of a temporary char- 
 acter, granted for a particular period, or for a special purpose. 
 Limited company: a joint-stock company the liability of the mem- 
 bers of which for the debts of the company is limited by statute. 
 Limited divorce: a divorce for a limited time ; a separation from 
 bed and board. Limited partnerslilp; a partnership in which 
 there are special partners who contribute special sums as capital, 
 and who are not liable for the debts of the partnership beyond the 
 fund so contributed. 
 
 Line. Limit of ownership or possession ; boundary ; the connection be- 
 tween persons descended from a common ancestor; a connected 
 series as of the means for conveyance or transmission. 
 
 Linea, I In civil and old English law. A line ; a series of persons de- 
 scending from a common stock. Linea recta: the right line ; the 
 direct line ; a line of persons in which the one is descended medi- 
 ately or immediately from the other ; — semper prajfertnr trans- 
 Tersali: the right line is always preferred to the collateral. Linea 
 transversalis: tlje transverse or cross line ; a line crossing the right 
 or perpendicular line. 
 In the civil law. Linea obliqna: the oblique line, — more commonly 
 termed linea transversalis, q. v. 
 
 Lineal. In a direct line ; from parent to child. Lineal consanguinity: 
 that kind of consanguinity which subsists between persons, of whom 
 one is descended in a direct line from the other. Lineal descent: 
 the descent of one person from another in the right or direct line ; 
 the descent of an estate, or the right to it, in the direct line of per- 
 sons. Lineal warranty: a warranty of land made by a person 
 from or through whom the title was derived, or might by possibil- 
 ity have been derived by the heir. 
 
 Lingna, I. A tongue ; speech. Applied, in old English law, to the ver- 
 dict of a jury. 
 
 Liquere, I. In the (Hvil law. To be clear, evident, or satisfactory. 
 
 Liquet, /. It is clear or apparent ; it appears. 
 
 Liquidate. To clear away ; to lessen ; to pay ; to ascertain the amount 
 to be paid. Liquidated: cleared away; settled; agreed upon or 
 ascertained by operation of law. Liquidated account: an account 
 the amount of which is made certain by act of the parties, or by 
 
438 LIQUIDATE — LITEKA. 
 
 operation of law. Liquidated damages: a fixed sum agreed upon 
 to be paid in the event of the non-performance of the contract 
 Liquidated demand: a demand the amount of which is ascertained 
 by agreement or otherwise. 
 
 Liquidation. The act of admitting claims of indebtedness ; the wind- 
 ing up of an insolvent firm or company. 
 
 Liquido, I. Clearly ; manifestly. Liquido jurare: to swear from a full 
 knowledge of the subject ; to swear without hesitation, or in clear 
 and absolute terms. 
 
 Liquor. In general, includes all spirituous, vinous, malt and fermented 
 liquor, v. Intoxicating liquor; Spirituous liquor; Vinous liquor. 
 Liquor sliop: a house in which spirituous liquors are kept and 
 sold. 
 
 Lis, I. A controversy or dispute ; a suit at law. Lis alibi pendens: an 
 action pending elsewhere; a plea of such an action. Lis mota: a 
 controversy originated ; a term frequently used in the discussion of 
 evidence in matters of pedigree, and held to import not an actual 
 suit commenced, but a dispute or controversy originating prior to 
 the beginning of judicial proceedings. Lis pendens: a pending 
 suit; the actual pendency of a suit, or other judicial proceeding; in 
 a suit regarding land, such legal process as gives notice to all the 
 ■world of a dispute as to the title ; in equity, except by statute re- 
 quiring record, the filing of a bill and service of a subpoena. 
 In the civil law. Lis pendens: a suit pending. 
 
 List. A catalogue or roll of causes, names, eta ; a schedule of the polls 
 and taxable property upon which taxes are assessed ; the civil offi- 
 cers of a government, and the appropriations for the support of 
 such ofiBcers. 
 
 Lister. A person whose business it is to prepare a list of polls and 
 taxable property for the purpose of taxation. 
 
 Lite pendente, v. Pendente lite. 
 
 Litem snam facere, I. In the Roman law. To make a suit his own, — 
 applied to a Judex, who from partiality or enmity evidently favored 
 either of the parties. 
 
 Literatura, I. In old English law. Education ; knowledge of letters. 
 V. Minus. 
 
 Litera, pi. literae, I. In old English law. A letter ; the letter, as dis- 
 tinguished from the meaning of a writing ; a term applied in the 
 plural to various instruments in writing, public and private. Litera 
 acquietantise: a letter of acquittance. Litera cambii: a letter of 
 exchange. Litera Pisana: the Pisan letter, — a term applied to the 
 old character in which the copy of the Pandects formerly kept at 
 Pisa was written. Liters dimissorise: dimissory or dismissory 
 letters. Literse mortuae: dead letters ; fulfilling wdrds of a statuta 
 LitersB patentes: letters patent ; literally, open letters ; — regis non 
 erunt Tacnse: th6 king's letters patent shall not be void. Literse 
 
LITER A — LIVERY. 439 
 
 procuratoria): letters proouiatory ; letters of procuration ; letters 
 of attorney. Liters recog'uitioiiis: a bill of lading. Literae sigil- 
 latse: sealed letters, — applied to the return of a sheriff, v. Qui 
 hceret, etc 
 
 Litigant. A person engaged in a law-suit ; a party to a suit. 
 
 Litigare, I To litigate; to carry on a suit either as plaintiff or as de- 
 fendant 
 
 Litigate. To dispute or contend in form of law ; to carry on a suit. 
 
 Litigious. Over-ready to engage in litigation. 
 In English ecclesiastical law. The subject of contending claims. 
 In the civil law. Litigious riglit: a right which cannot be exer- 
 cised without undergoing a law-suit 
 
 Litlgluin, L In the civil and old English law. Litigation ; the contest 
 between the parties to a suit ; a suit or controversy. 
 
 Litis, 2. In the civil law. Of a suit Litis contestatio: contestation of 
 suit ; the process of contesting a suit by the opposing statements of 
 the respective parties ; the process of coming to an issue ; the at- 
 tainment of an issue; the issue itself, v. Contestatio litis. Litis 
 dominium: ownership, control or direction of a suit, — a fiction of 
 law by which the employment of a proctor was authorized, he being 
 supposed to become, by the appointment of his client, the dominus 
 litis. Litis magister: one who controls a suit 
 In the canon law. Litis contestatio: contestation of suit; in the 
 ecclesiastical courts, the general answer of the defendant denying 
 the matter charged in the libeL 
 
 Littleton. A judge of the reign of Edward IV., who wrote a treatise 
 on tenures, on which Coke wrote a commentary. 
 
 Littoral. Belonging to the shore; on the sea-shore. Littoral pro- 
 prietor: a proprietor of land on the shore of the sea. 
 
 Litura, I. In the civil law. An obliteration or blot in a written instru- 
 ment 
 
 Litns, littns, I. In the civil law. A shore or coast; the sea-shore. 
 Litns est qnonsqne maximus fluctus a mari perrenit: the shore 
 is as far as the largest wave from the sea reaches. 
 In old English law. Littns maris: the sea-shore. 
 
 Lirerer, I. Jr. To deliver. Livere: delivered. Lirromus: we delivered. 
 
 Lirerison, I. fr. Delivery. 
 
 Livery. In English law. Delivery ; a writ which lay for an heir in 
 Icnight-service to obtain possession of lands ; the privilege of a par- 
 ticular company. Livery ol seisin: delivery of seisin ; delivery of 
 corporeal possession of lands or tenements conveyed ; a ceremony 
 in conveyance by feoffment, without which the feoffee had but an 
 estate at will. Livery in deed, or actual livery, was performed by 
 the feoffor, or his attorney, entering with the charter of feoffment, 
 and, after declaring the contents in the presence of witnesses, de- 
 livering to the feoffee a clod, or a twig there growing, or the ring or 
 
440 LIVERY — LOG ATIO. 
 
 latch of the door, in the name of seisin of all the lands ; livery in 
 law, by a performance of the ceremony without entry, but in sight 
 of the land. 
 
 Livery-stable. A place where horses and vehicles are kept for hire, and 
 horses are fed, groomed, etc., for compensation. Lirery-stablft 
 keeper: a person whose business is the keeping of such a stable. 
 
 Loan. A bailment of goods to be used by the bailee temporarily, with- 
 out reward. 
 
 Lloyd's. An association in London whose members underwrite each 
 other's policies, — so called from Lloyd's coflfee-house, formerly a 
 resort for seafaring men. Lloyd's bonds: admissions of indebted- 
 ness, issued under seal of a company, with a covenant for payment. 
 Lloyd's lists: accounts of the arrival and departure of vessels and 
 of maritime losses and casualties. 
 
 Lobbying. Seeking by bribery or other dishonest means to influence 
 the vote of a member of legislature. ^ 
 
 Local. Relating to place ; expressive of place ; belonging or confined to 
 a particular placa Local action: an action which must be brought 
 in a particular place or county. Local allegiance: a temporary 
 kind of allegiance, depending on place ; the allegiance which a resi- 
 dent alien owes to the sovereign of the county in which he resides. 
 Local option: a right in the voters of a particular district or mu- 
 nicipality to choose between prohibition or license in the sale of in- 
 toxicating liquor. Local statutes: statutes which regard such things 
 as are upon the spot Local venue: a venue which must be laid in 
 a particular county. 
 
 Locare, I In the civil and old English law. To let for hire, as a house, 
 land or other thing ; to deliver or bail for a certain reward or com- 
 pensation. 
 
 Locate. In American law. To place ; to fix, ascertain or designate the 
 place of a thing ; to describe the place or situation of a tract of 
 land ; to mark out the boundaries, or identify the site of a piece of 
 land, by a given description ; to settle on land, or take actual posses- 
 sion of land. 
 
 Locatio, I. In the civil law. A letting for hire; a bailment or de- 
 livery of a thing for a certain compensation. Locatio-condnctio, 
 or locatio et condnctlo: a letting and hiring, — a compound word 
 expressing the action of both parties. Locatio cnstodise: a letting 
 to keep ; a bailment or deposit of goods for hire. Locatio oper- 
 arum: a letting of services. Locatio operis faciendi: a letting out 
 of work to be done ; a bailment of a thing for the purpose of hav- 
 ing labor or care bestowed on it for a pecuniary recompense. Lo- 
 catio operis mercinm veliendarum: a letting of work to be done 
 in the carrying of goods ; a contract of bailment by which goods 
 are delivered to a person to carry for hire. Locatio rei: a letting 
 of a thing to hire. 
 
LOCATION -LOG. 441 
 
 Location. In American law. The designation of the boundaries of a 
 particular piece of land, either upon record, or on the land. 
 
 Locative calls. In American law. Calls for the purpose of location ; 
 calls which designate the particular boundaries of lands. 
 
 Locator. In American law. One who locates land, or intends or is en- 
 titled to locate. 
 
 Locator, I. In the civil law. A letter ; one who lets ; the correlative 
 of conductor. 
 
 Locum tenens, 1. 1 In old English law. A place holder ; one who holds 
 the place of another ; a deputy or representative ; — decani et vices 
 ejus gerens: holding the place of the dean, and performing his 
 duty ; — regni: lieutenant of the realm. Locum tenere: to hold 
 place; to be applicable; to have place; to take effect, as to time. 
 V. Locus. 
 
 Locnples, I In the civil law. Able to respond in an action ; good for 
 the amount which may be recovered. 
 
 Locus, I A place ; the place. Locus contractus: the place of a con- 
 tract; the place where a contract is made; — regit actum: the 
 place of the contract governs the act ; the law of the place governs 
 construction, wherever the contract is carried into effect Locus 
 delicti: the place of the offense ; the place where an offense was 
 committed. Locus in quo: the place in which ; the place where. 
 Locus paenitentla;: place or room for repentance ; opportunity to 
 withdraw from a contract before it is completed. Locus rei sitae: 
 the place where a thing is situated. Locus sigilli: the place of the 
 seal ; the place occupied by the seal of written instruments. Locus 
 standi: a place for'standing; right to be heard. 
 In old English law. Locus partitus: a place divided, — a division 
 made between two towns or counties, to determine in which the 
 land or place in question lies. 
 In the civil law. A place ; a piece or portion of land, or of an estate. 
 Locus poenitentise: place or room for repentance ; room to retract ; 
 opportunity to withdraw from a contract before it is completed. 
 Locus publicus: a public place. 
 
 Lodge. To deposit or file with, as for registration ; to make or prefer, 
 as to lodge a complaint. 
 
 Lodger. One who occupies hired apartments in the house of another ; 
 a tenant of part of the house of another. 
 
 Lodgings. Habitation in the house of another; apartments in the 
 house of another, furnished or unfurnished, occupied for habitation. 
 
 Lods et ventes, fr. In old French and Canadian law. A fine payable 
 by a roturier, on change of ownership of his land ; a mutation or 
 alienation fine. 
 
 Log. A portion of a trunk of a tree cut of a length convenient for 
 manufacture into lumber. Log-rolling: the inclusion in a single 
 bill of distinct matters none of which could be enacted alone, and 
 
442 LOG — LORD. 
 
 procuring its enactment by combination of the minorities supporting 
 the several measures. 
 
 logographus, gr.-l In the Roman law. A public clerk, register or 
 book-keeper. 
 
 Loi, loy, I. fr. Law. Loial: lawful. Loialment: lawfully. 
 
 Loier, loyer, I. fr. Fee ; reward. 
 
 Longa possessio, I. Long possession ; — est pacis jns: long possession 
 is the law of peace; — jus parit: long possession begets right; 
 — parit jus possidendi, et toUit actionem vero domino: long posses- 
 sion produces the right of possession, and takes away from the true 
 owner his action. Longnm tempus, et longus nsns qui excedit 
 memoria hominum, suflicit pro jure: long time and long use, ex- 
 ceeding the memory of men, suffices for right 
 
 Lookout. A person on board a vessel, in a favorable position to see, 
 and exclusively engaged in watching, the movements of other ves- 
 sels, and near enough to the helmsman to communicate with him. 
 
 Loqnela, I. I. In old English law. A plaint, plea or suit ; a declaration ; 
 a statement, saying or affirmation ; an imparlance. 
 
 Loqnendum lit Tulgus, sentiendum ut docti, I. We must speak as the 
 common people, we must think as the learned. 
 
 Lord. In English law. A tit^p of honor belonging properly to the 
 degree of baron, but applied also to the whole peerage ; a title of 
 ofiBce. Lord adrocate: the chief crown lawyer and public prose- 
 cutor of Scotland. Lord chamberlain of England: an officer having 
 the government of the palace at Westminster. Lord chamberlain 
 of the king's house: an officer having authority over the king's 
 wardrobe, and the licensing of theatres and plays. Lord keeper of 
 the great seal: ex officio lord and privy-councillor, — an office now 
 merged in that of lord chancellor. Lord lieutenant: the principal 
 military officer of a county, appointed by the crown ; the viceroy in 
 Ireland. Lord mayor: the chief officer of the corporation of Lon- 
 don. Lord mayor's court: a court of the city of London having 
 both equity and common-law jurisdiction, and presided over by the 
 recorder, or, in his absence, by the Common Sergeant Lords jus- 
 tices: judges appointed under the statute 14 & 15 Vict, o. 83, to as- 
 sist the lord chancellor in hearing appeals, — now judges of the 
 court of appeals. Lords spiritual: the bishops and archbishops in 
 the House of Lords. Lord temporal: the peers having seats in the 
 House of Lords, — all the peers of the realm, v. Chancellor; Para- 
 mount. 
 
 Lord Cranworth's Act. The statute 33 & 34 Vict, c 85, conferring 
 general powers on trustees and .mortgagees. Lord Denman's Act: 
 the statute 6 & 7 Vict, c. 85, removing the disability of witnesses not 
 parties on ground of interest Lord EUenborough's Act: the stat- 
 ute 43 Geo. III., c. 58, punishing with death various assaults on and 
 offenses against the person. Lord Langdale's Act: the Wills Act, 
 
LORD— LUMEN. 443 
 
 7 Will. IV. & 1 Vict, c. 26. Lord lyndhnrst's Acts: the statute 5 & 6 
 Will. IV., c. 54, making marriage within the prohibited degrees void 
 ab initio; the statute 7 & 8 Vict., c. 45, concerning meeting-houses. 
 Lord St. Leonard's Acts: the statute 23 & 23 Vict., c. 35, and 23 &24 
 Vict., c SS} for amending the law of property, relieving trustees, etc. 
 Lord Tenterdeii's Act: the statute 9 Geo. IV., c. 14, amending and 
 extending the Statute of Frauds, "etc. Lords' Act: the statute 33 
 Geo. II., c. 28, for the relief of insolvent debtors. 
 
 Lordship. In old English law. A seigniory ; the domain or estate of a 
 lord ; a title of honor applied to a nobleman, not a duke ; to judges, 
 and some other persons in authority. 
 
 Lost or not lost. A clause in marine policies of insurance, meaning 
 that the contract is intended to embrace a loss which may have al- 
 ready happened. 
 
 Lot. A resort to chance for the determination of a question or for ar- 
 riving at a result 
 In old English law. A contribution ; a portion or share of a tribute, 
 or any payment which one is bound to make with others. 
 
 Low water. The furthest receding point of ebb-tide. Low-water 
 mark: the line of the sea-shore to which the watera recede, at ordi- 
 nary low-tide. 
 
 Lower,, I. fr. A fee or reward ; a bribe. 
 
 Loy, Ifr. In old English law. Law. La loy de la terra: the law of 
 the land. 
 
 Loyal, Z./r. In old English law. Lawful. Loyalment: lawfully. 
 
 Lottery. A scheme for the distribution of prizes by lot, by which a cer- 
 tain pecuniary consideration is paid for a chance in the distribution. 
 
 Lncid interval. An interval of reason enjoyed by an insane person, 
 or lunatic. 
 
 Lacrative succession. In Scots law. A conveyance to an heir of a 
 part of his inheritance without valuable consideration, upon which 
 he becomes liable for all debts contracted by the grantor prior 
 thereto. 
 
 Lucratus, I. In Scots law. A gainer. 
 
 Lncrnm, I. Gain; profit; benefit; advantage. 
 In the civil law. Lncri causa: for the sake of gain. Lucri faciendi 
 
 gratia: for the sake of making gain. 
 In Scots law. Lucrum cessans: a ceasing gain, as distinguished from 
 damnum datum, an actual loss. 
 
 Luggage, v. Baggage. 
 
 Luctuosa liBBredltas. v. Hcereditas luctuosa. 
 
 Lumber. Timber sawed or split for use in building ; material for build- 
 ing. 
 
 Lumen, I. In the civil law. Light ; the light of the sun or sky ; the 
 privilege of receiving light into a house; a window. Lumiua: 
 lights; windows; openings to obtain lights for a building. 
 
444 LUNACY — MAGISTRATE. 
 
 Lnnaey. Insanity or madness, — properly, that kind of insanity which 
 is broken by intervals of reason. « 
 
 Lnnatic. An insane person ; a person who has lost the use of his rea- 
 son ; properly, one who has lucid intervals. 
 
 Lnnatico inqairendo. v. De, etc. 
 
 Lying in franchise. Waifs, estrays, wrecks, and the like, subject to 
 seizure by persons entitled without the aid of a court Lyingf in 
 grant: passing by deed or charter, as incorporeal hereditaments. 
 Lying in livery: fees and feeholds in land. Lying in wait: wait- 
 ing and watching in ambush with intent to kill. 
 
 M. The letter formerly branded on the brawn of the left thumb of per- 
 sons convicted of manslaughter, and admitted to the benefit of 
 clergy. M. R.". Master of the Rolls. 
 
 Macegriefs, macegrefs, I. fr. In old English law. Persons who will- 
 ingly bought and sold stolen flesh, knowing it to be stolen. 
 
 Machamium, mechamiuin, I. I. In old Scots law. Maihem ; Scottice, 
 manzie. 
 
 Machine. In patent law, any mechanical device, or combination of 
 mechanical powers and devices, to perform some function and pro- 
 duce a certain effect or result 
 
 Machinery. Somewhat more than machine, — including whatever is 
 necessary to the working of a machine, 
 
 Msegbote, sax. In Saxon law. A satisfaction for the slaying of a kins- 
 man. 
 
 Magis, I More. Magis dignum trahit ad se minus dignnm: the more 
 worthy draws to itself the less worthy. 
 
 Magister, I. A master or ruler; a chief or superior; one who is ele- 
 vated above others by office, position, or attainments ; one whose au- 
 thority and example we follow ; one who has attained a degree of 
 eminence in a science or in literature ; one upon whom the chief care 
 of any matter devolves. Magister rernm nsns: use is the master of 
 things ; usage is a principal guide in practice. 
 In old English law. Magister cancellarise: master of the chancery ; 
 
 master ^n chancery. 
 In the civil law. A title of office in the Roman empire, Magister 
 eqnituni: master of the horse. Magister libellorum: master of 
 requests. Magister navis: the master of a ship. Magister palatii, 
 or oUiciorum: master of the palace or of the offices. Magister so- 
 cietatis: master of a partnership; manager, director or general 
 agent of a partnership. 
 
 Magistralia brevia, 2. Z. In old English law. Magisterial writs ; writs 
 adapted to special cases, and so called from being framed by the 
 masters or principal clerks of the chancery. 
 
 Magistrate. A person clothed with power as a public civil officer ; a 
 public civil officer, invested with the executive government or some 
 branch of it ; a person entrusted with the commission of the peace. 
 
MAGISTRATUS— MAIHEM. 445 
 
 Magistratns, I. In the civil law. A magistrate ; a judicial officer who 
 had the power of hearing and determining causes, but whose office 
 properly was to inquire into matters of law ; the office or place of a 
 magistrate. 
 
 Magna, I. Great or grand. Magna Charta, or Carta: the Great Charter, 
 a charter granted by King John at Runningmede in 1315, at about 
 the same time with the Carta de Foresta, and confirmed, 35 Ed- 
 ward L, by a charter called the conflrmatio ehartarum, which is 
 regarded as the foundation of the English constitution and really 
 the charter of English liberties. 
 In old English law. Magna assisa: the grand assise. Magna ayerin: 
 great beasts, as horses, oxen, etc. Magna precaria: a great or gen- 
 eral reap-day. Magna serjantia: grand serjeanty. Magnum cape: 
 gi-eat or grand cape. Magnum centum: the great hundred ; six- 
 score, or one hundred and twenty. Magnum concilium: the great 
 council ; the general council of the realm, afterwards called parlia- 
 ment. Magnus rotulus statutorum: the great Statute EoU, — the 
 first of the English statute rolls, beginning with Magna Charta, and 
 ending with Edward IIL 
 In the civil law. Magna culpa: great or gross fault ; — dolus est: 
 gross fault is fraud. Magna negligentia: great or gross negligence ; 
 — culpa est, magna culpa dolus est: gross negligence is fault ; gross 
 fault ia fraud. 
 
 Maheme, maliem, I. fr. Maihem. 
 
 Mahemiare, maihemare, I. fr. In old English law. To maim. 
 
 Maliemium, I. I. In old English law. Maihem. Maliemium diet 
 poterit, nbi aliqnis in aliqna parte sni corporis effectas sit in- 
 ntilis ad pngnandum: it may be called maihem, when any person 
 is in any part of his body disabled [made useless] to fight v. Mai- 
 hem, 
 
 Maiden assize. In English law. An assize at which no capital con- 
 viction takes place. Maiden rents: a fine paid by the tenants of 
 some manors on their marriage, and said to have been given to the 
 lord for his omitting the custom of the marcheta; a fine paid for 
 license to marry a daughter. 
 
 Maihem, mayliem, maliem, maim, Mahemium, maihemiam, I. U Vio- 
 lently depriving another of the use of a member used in fighting ; 
 an injury to another such as diminishes his power of self-defensa 
 Mahemium est Iiomicidium inchoatum: maihem is inchoate homi- 
 cide. Maiiiemium est inter crimina majora minimum, et inter 
 minora maximum: maihem is the least among the greater crimes, 
 and the greatest among the lesser. Maiiiemium est membri muti- 
 latio; et dici poterit ubi aliqnis in aliqua parte sui corporis ef- 
 fectus sit inutilis ad puguandum: maihem is the mutilation of a 
 member ; and it may be galled maihem when any person is in any 
 part of his body disabled from fighting. 
 
4AG MAIL — MAJOR. 
 
 Mail. A •wallet, sack or bag used in the carriage of letters, papers, etc., 
 from one post-office to another ; the carriage and delivery of letters, 
 etc., by public authority. 
 
 Mail, maile, maille, I. fr. In old English law. A tribute ; a rent ; a 
 small piece of money. 
 In Soots law. Rent or tribute. Mailer, mailpayer: a tenant who 
 pays a rent Maills and dnties: the rents of an estate. 
 
 Mainoar, manour, meinonr, meynonr, meynovere, I fr. Hi old English 
 law. A thing stolen ; especially such a thing found in the thief's 
 possession, v. Handhabend. 
 
 MainoTre, maynoTer, I. fr. The labor of the hand ; manual labor. 
 
 Mainpernable. In old English law. That may be let to bail ; capable 
 of being bailed. 
 
 Mainpernor, Maynpernour, meinpernonr, I. fr. In old English law. 
 A surety for the appearance of a person delivered to him out of 
 prison, — differing from bail in being bound to produce the prisoner 
 in answer to any charge, and having no right to imprison him or 
 surrender him after the manner of bail. 
 
 Mainprise, meynprise, maynpryse, mainpris, meynpris, I. fr. and eng. 
 In old English law. The release of a person under arrest into the 
 custody of his friends upon their giving security for his appearance : 
 a writ of mainprise directed to the sheriff ordering him to take 
 mainpernors and set the prisoner at liberty ; security for debt 
 
 Mainsworn. In old English law. Perjured or forsworn, with one's 
 hand upon the book. 
 
 Maintain. To sustain or keep up ; to assist or promote. 
 
 Maintainor. One that maintains or seconds a cause depending in suit 
 between others ; a person guilty of maintenance. 
 
 Maintenance, I. fr. and eng. Preservation ; continuance, support An 
 officious intermeddling in a suit that no way belongs to one, by 
 maintaining or assisting either party with money, or otherwise, to 
 prosecute or defend it Provision for the sustenance of a person, 
 as a wife, widow, parent or child. 
 
 Maire, I. fr. In old English law. Mayor ; a mayor. An officer classed 
 with justices and sheriffs. 
 
 Maire, mair. In old Scots law. An officer to whom process was di- 
 rected. 
 
 Majestas, I. In the Soman law. Majesty ; the sovereign authority of 
 the state ; an offense against sovereignty, i. e. against the Roman 
 people, more commonly termed crimen majestatis, or crimen Icesce 
 majestatis. 
 
 Majestie, I fr. Majesty, or high treason. 
 
 Major, Z. Greater; the greater. Major annns: thq greater year; tte 
 bissextile year, consisting of 366 days. Major nnmerus in se 
 continet minorem: the greater number contains in itself the 
 less. ■ 
 
MAJOR — MALEDICTA, 447 
 
 In old English lavs. A mayor. Major et commnnitas: mayor and 
 
 commonalty. 
 In the civil law. One of full age. Major annis Tiglntl qninqae: 
 above twenty-five j'ears. 
 
 Majora i'eg:alia, I In feudal law. The greater or higher prerogatives 
 of the crown. 
 
 Majores, I. In old English law. Greater persons ; persons of higher 
 condition or estate. 
 
 Majori snmmae minor inest, I In the greater sum the less is in- 
 cluded. 
 
 Majority. The greater number, as of votes or voters; the civil con- 
 dition of a person of full age. 
 
 Majns, I. Greater. Majas, digunm trahit ad se minus dignnm: the 
 more worthy draws to itself the less worthy. Majas est delictum 
 seipsum occidere quam alium; it is a greater crime to kill one's self 
 than to kill another. Majus jus: greater right, or more right, — a 
 plea in the old real actions ; — meruni: more mere right, v. Omne 
 majus, etc. 
 
 Make. To do, or perform ; to do in form of law ; to fail to do ; to agree 
 to ; to execute ; to collect or procure ; to swear to or affirm ; to cer- 
 tify ; to have effect Make over: to transfer ; to put out of one's 
 possession ; to alienate 
 In old English law. Make law: to deny the charge of a complaining 
 
 party, under oath, with compurgators. 
 In old Scots law. Make faith: to make oath ; to swear with the right 
 hand uplifted, that one will declare the truth. 
 
 Maker. The person who makes a promissory note. 
 
 Mai, fr. Ill; wrong; evil. Mai de venue: illness in coming; one of 
 the old essoina Mai gree: against the will ; without the consent. 
 
 Mala, I Bad ; bad or evil things ; wrongs ; offenses. Mala flde: in 
 bad faith. Malee fldei possessor: a possessor in bad faith. Mala 
 Itdes: bad faith. Mala gramniatica: bad grammar; — non vitiat 
 chartam: bad grammar does not vitiate a deed. Mala in se: wrongs 
 in themselves; acts morally wrong. Mala praxis: malpractice; 
 unskilful management or treatment; particularly applied to the 
 neglect or unskilful management of a physician, surgeon, or apoth- 
 ecary. Mala prohibita: -wrongs prohibited ; acts made offenses by 
 positive law and prohibited as such. v. Malum, 
 In old English law. Mala tolta: an evil, unjust or oppressive toll or 
 tax ; a thing unjustly taken. 
 
 Male, I fr. Bad ; ill. Male fame: bad character. 
 
 Male, I. Badly ; unfavorably. 
 In old English law. Male creditns: unfavorably thought of ; in bad 
 repute or credit 
 
 Maledicta est exposltio qua; corrumpit textnm, I That is a cursed 
 interpretation which corrupts the text 
 
448 MALEFACTOE — MALUM. 
 
 Malefactor, I. In old English law. A wrong-doer; an offender; a 
 criminal ; a convicted criminal 
 
 Malefeasance, malfeasance, malfesance, malfeazance, malfaisance, 
 I. Jr. and engr. Wrong-doing ; the doing of what one ought not to do. 
 
 Slaleficia non debent remauere impnnita; et impnnitas continnnm 
 affectum tribuit delinquenti, I. Crimes ought not to remain un- 
 punished ; and impunity gives a continual impulse to the criminal 
 [to commit another crime]. Maleflcia propositis di»tinganntar: 
 evil deeds are distinguished by their purposes. 
 
 Xaleflcium, I. In the civil law. Wrong-doing ; the commission of an 
 offense; malfeasance. 
 
 Malice. An intent wrongfully to injure another ; a wanton or wilful 
 disregard of the rights of another or of others generally ; a spirit of 
 mischief or of criminal indifference to duty to another or others ; 
 in the law of homicide, a wicked and malignant intent to take the 
 life of another, or an inhuman or reckless disregard of the life of 
 another. Xalice aforethought, or malice prepense: malice pre- 
 viously and deliberately entertained, — a kind of malice essential 
 to the crime of murdei-. Malice implied, or constructive malice: 
 malice imputed from deliberate, heinous or reckless action. Malice 
 in fact, actual or express malice: an actual intent to injure 
 another. 
 
 Malicious. Intentional or wilful ; wanton ; reckless ; spiteful or malev- 
 olent. Malicious abandonment: the desertion of a wife or hus- 
 band without just cause. Malicions injury: an injury committed 
 out of spite or ill-will against another ; an injury committed wan- 
 tonly, wilfully, or without cause. Malicious prosecution: the pro- 
 curing of the indictment or arrest of a person without probable 
 cause, and with intent to injure ; the action therefor, which is an 
 action on the case, brought upon termination of the prosecution 
 complained of. 
 
 Malitia, I. An express evil design ; malice. Malitia excogitata: med- 
 itated malice. Malitia prsecogitata: malice aforethought, evil in- 
 tended beforehand. Malitia supplet aetatem: malice supplies [or 
 makes up for] age ; wickedness of design supplies the want of age. 
 
 Malitiis hominum est obviandum, I. The wicked or malicious designs 
 of men must be thwarted. 
 
 Malitiose, I. I In old English law. Maliciously. 
 
 Malum, I. Evil ; wickedness ; an evil ; an offense or wrong; Malum 
 in se: a wrong in itself ; an act involving illegality from the very 
 nature of the transaction, upon principles of natural, moral and 
 public law. Malum non praesumiter: wickedness is not presumed. 
 Malum prohibitum: a wrong prohibited; an act prohibited as 
 wrongful ; an act involving an illegality resulting from positive law. 
 Malum quo communius eo pejus: the more common an evil is, the 
 worse it is. 
 
MALUM — MANDATA. 449 
 
 In old English law. A misfortune ; an infirmity; a sudden indisposi- 
 tion, by which a party was prevented from appearing in court 
 when summoned. Malum lecti: misfortune or sickness of bed ; an 
 infirmity or indisposition by which a person was confined to his bed. 
 Malum TCniendi: misfortune or sickness of [in] coming; sickness 
 or accident liappening to a party on his way to court 
 
 Malus, 2. Bad ; evil ; wicked ; unlawful. Mains usus abolendns est: 
 a bad or invalid custom is [ought] to be abolished. 
 
 Malveilles, I fr. Misdemeanors. 
 
 Malveis, malveys, Z. /r. In old English law. Bad; defective; faulty. 
 Malveis procuronrs: a term applied to those who packed juries. 
 
 MalTersation. Misconduct ; corruption or extortion in oflSce. 
 
 Man. In feudal law. A vassal ; a tenant or feudatory. 
 
 Manbote, sax. In Saxon law. A pecuniary compensation paid to a 
 lord for killing his man, that is, his vassal or tenant 
 
 Manccps, I. In the Roman law. A purchaser, one who took the arti- 
 cles sold in his hand (qui manu cepif). 
 
 Mancipare, I. In the Roman law. To sell, alienate or make over to 
 another ; to sell with cei-tain formaliHes ; to sell a person ; one of the 
 forms observed in the process of emancipation. 
 
 Mancipatio, I. In the Roman law. A kind of sale in the presence of 
 five witnesses, accompanied with delivery of ■ possession or seisin ; 
 the purchaser taking the thing sold in his hand ; the imaginary 
 sale of a son in the ceremony of emancipation. 
 
 Mancipi res, I. In old Roman law. The name of one of the leading 
 divisions of private property, the precise meaning of which is not 
 settled. 
 
 Mancipinm, I. In the Roman law. A slave ; so called, because taken 
 from the enemy by hand. 
 
 Mandamus, I. We command; a writ, formerly prerogative, issued 
 out of a superior court, directing a person, a court an officer or a cor- 
 poration, either public or private, to perform some duty ministerial, 
 oflScial or public, or to restore the complainant to some right or 
 privilege. The writ is termed peremptory or alternative, according 
 as it directs the defendant to perform absolutely, or to perform or 
 show cause. 
 
 Mandans, I. In the civil law. One who gives a thing in charge to an- 
 other ; one who requests or employs another to do some act for him. 
 
 Mandare, I. In old English law. To command ; to commit ; to make 
 return to a writ Mandare execatioui: to commit to execution, to 
 put in execution. 
 In the civil law. To give in charge ; to commit to one's care ; to re- 
 quest another to do some act for one. 
 
 Mandata licita recipiunt strictam Interpretationem, sed illicita 
 latam et extensam, I. Lawful commands receive a strict interpre- 
 tation, but unlawful commands a broad and extended one. 
 29 
 
450 MANDATARIUS — MANORIAL. 
 
 Mandatarins, I. In the civil law. A mandatary. Mandatarins ter- 
 minos sibi positos transgredi uon potest: a mandatary cannot ex- 
 ceed the limits assigned hira. 
 
 Mandatary. One to whom a charge or commandment is given; in 
 the law of bailment, one who is employed to do some act without re- 
 ward, in regard to property bailed to him. 
 
 Mandate. A kind of bailment when one undertakes, without recom- 
 pense, to do some act for another, in respect to the thing bailed ; a 
 judicial command; that part or clause of a writ containing the 
 words "We command you," etc. 
 
 Mandator, I. In the civil law. One who gives a thing in charge to 
 another ; one who employs another to do some act for him in regard 
 to property bailed. 
 
 Mandatiim, I. In old English law. The mandate or warrant of court 
 In the civil law. That kind of bailment in which one party gives 
 something in charge to the other to do for him, and the latter,un- 
 dertakes to do the act without recompensa 
 
 Mandavi ballivo, I. In English law. I have commanded, or made 
 my mandate to the bailiflr ; the return made by a sheriff, where the 
 bailiff of a liberty has the execution of the writ. 
 
 Manens, pi manentes, 1. 1. In Saxon and old English law. A kind of 
 tenant inhabiting a manse ; an agricultural tenant. 
 
 Manerinin, I. t In old English law. A manor ; a manor house. Ma- 
 nerium dicltnr a manendo, secundum excellentiam; sedes magna, 
 flxa et stabilis: it is called manor from manendo, par excellence; a 
 large seat or place of abode, fixed and permanent. 
 
 Manifest, One of a ship's papers, containing a specification of the nat- 
 ure and quantity of the cargo laden, the place where it was taken 
 on board, and the port for which it is destined, with other particu- 
 lars. It is sometimes called a sea-letter. 
 
 Manifestns, /. Clear ; evident ; manifest Manifesta probatione non 
 indigent: clear things need no proof. 
 
 Maniflcus, I. I. In old English law. Done with the hand ; manual. 
 
 Manor. In American law. A tract of land occupied by tenants who 
 pay a fee-farm rent to the proprietor, sometimes in kind, and 
 sometimes in the performance of certain stipulated services. In the 
 province of New York, large tracts of land were granted as manors, 
 with all the manorial rights and incidents. 
 In English law. A feudal estate with the right to hold a court-baron, 
 granted to a lord or other great person, who kept to himself such 
 parts of the land as were necessary for bis own use, which were 
 called terroe dominicales or demesne lands, and distributed the rest, 
 called terrce tenementales or bocland, to tenants who held in free- 
 hold. It was formerly called a barony and afterwards a lordship. 
 
 Manorial conrt. v. Court baron. 
 
M ANRENT — MANUS. 451 
 
 Mlanrent. In Scots law. The service of a man or vassal ; a bond by 
 which a person, In order to secure the protection of some powerful 
 lord, bound himself to certain services. 
 
 Manse. In old English law. A habitation or dwelling, generally with 
 land attached ; a residence or dwelling-house for the parish priest 
 The word is still used in the latter sense in Scotland. 
 
 Mansio, Z. Z. In old English law. A dwelling ; a mansion. 
 
 mansion. A dwelling-house. Mansion-house: in its common sense, 
 includes not only the'dwelling-house, but also all out-houses, if par- 
 cel of the mansion, though not under the same roof, or joining or 
 contiguous to it. 
 In old English law. Residence ; dwelling. 
 
 Manslangiiter. Homicide without malice, either express or implied, 
 which may be either voluntarily, upon a sudden heat, or involun- 
 tarily, but in the commission of some unlawful act, or with criminal 
 negligencft 
 
 Mansnetns, I. In the civil law. Tame ; tamed ; as though accustomed 
 to come to fhe hand. 
 
 M^saeto naturas, I. Tamed ; of a domestic nature. 
 
 Manncapere, I. I. In old English law. To become surety; to offer 
 one's self as a surety to redeem another from imprisonment, and to 
 have him in court at an appointed day. 
 
 Manncaptio, 1 1. In old English law. Manucaption ; surety or security. 
 
 Manucaption, v. Mainprise. 
 
 Manucaptor, I. I. In old English law. A surety for another's appear- 
 ance. V. Mainpernor. 
 
 Mann brevi, I. In the civil law. With a short hand ; directly ; without 
 circuity. Mauu longa: indirectly ; circuitously. 
 
 Manufacture. The process of making a thing by art ; a thing so made. 
 
 Manumission. In the Boman and old European law. The giving of a 
 slave or bondman his liberty ; the discharging of one from the power 
 of another. 
 
 Manumittere, I. In civil and old European law. To set free ; to send, 
 dismiss or discharge out of the hand, or power. Manumittere idem 
 est quod extra mannm vel potestatem ponere: to manumit is the 
 same as to put out of the hand or power. 
 
 Manurable. In old English law. Capable of being had or held in hand ; 
 capable of being cultivated ; tangible : corporeal. 
 
 Manure, I. fr. In old English law. To occupy ; to bestow manual labor 
 upon ; to use or cultivate. 
 
 Manus, I. In old English laiv. A hand ; an oath, as taken with the 
 hand on the gospels ; a person making oath ; a compurgator ; a de- 
 gree or condition. Manu brevi: with a short hand ; briefly. Manu 
 forti: with strong hand; — et cum multitudine gentium: with 
 strong hand and multitude of people. Manus inflmte: of the low- 
 
452 MANUS — MAEIAGE. 
 
 est claag. Manus mediaa: of a middle rank. Manns mortna: a dead 
 hand; mortmain. 
 In the dvil law. Power or authority. 
 
 Manuscript. A writing of any kind ; an unpubjished literary production. 
 
 Manutenentia, I. I. In old English law. Maintenance. 
 
 Manutenere, I. I. In old English law. To maintain ; to support, as- 
 sist or defend ; to assist one in carrying on his suit. Manntenere 
 placitum — querelam: to maintain one's plea — plaint. 
 
 Manworth. In old English law. The price or value of a man's life or 
 head. 
 
 Manzie, sc. In old Scots law. Maihem. 
 
 Map. A delineation of the features of a portion of the earth's surface 
 ■within such a compass as to facilitate a comprehension of its char- 
 acter and appearance. 
 
 Marca, marcha, uiarchia, 1. 1. A limit or bound ; a boundary line or 
 border. 
 
 March. In Scots law. A boundary line or border. March-dike, march- 
 stone: a boundary dike or stone. 
 
 Marchers. In old English law. Noblemen who Uved on the marches of 
 Wales or Scotland. 
 
 Marches. Limits; bounds or borders; particularly borders between 
 England and Wales, and borders between England and Scotland. 
 
 Marcheta, marchetuin, merchetnm, marchet, merchet. In old Eng- 
 lish law. A fine paid for leave to marry, or to bestow a daughter 
 in marriage ; a maid's fee. 
 In old Scots law. A custom for the lord of a fee to lie the first 
 night with the bride of his tenant ; a fine paid by the tenant for 
 the remission of such right 
 
 Marchia, I. I. In old English, law. A march, or border. 
 In feudal law. The dignity or territory of a marchio. 
 
 Marculfus. A monk of the seventh century, author of collections of 
 Formulae, of great celebrity. 
 
 Mare, I. The sea. Mare altum: the high sea. Mare apertnm: the 
 open sea. , 
 
 Marescalcia, I. l, Mareschaucie, I. fr. In old English law. Marshal- 
 sea; the office of marshal ; a species of grand serjeanty, granted in 
 fee to the Earl [now Duke] of Norfolk. 
 
 Marescallns, marescalcns, marascalcus, mariscaldas, 1. 1 In old Eng- 
 lish law. An officer of the royal household, who guarded the sov- 
 ereign's person ; a high officer of state, with certain judicial powers ; 
 a ministerial officer of. justice; an officer of the court of exchequer; 
 an officer of a manor. 
 
 Mareshal, I. fr. Marshal ; a high officer of the royal household. 
 
 Mariage, t/r. In old English and feudal law. The right of marriage ; 
 the power of disposing of an infant ward in matrimony ; a mar- 
 riage portion. 
 
MAEIER — MARKET. 453 
 
 Marier, I. fr. To marry. Marie: married. Marie ou dismarie: mar- 
 ried or unmarried. 
 
 Marine. Relating to the sea, to navigation, to commerce on the sea, 
 etc. Marine contract: v. Maritime. Marine insurance: a con- 
 tract of indemnity against the perils of the sea. Marine tort: 
 V. Maritime. 
 
 Mariner. A person employed on a ship in any capacity having to do 
 with her equipment or preservation, or with the welfare of the crew. 
 
 Maris et feminse conjunctio est de jure naturae, I. The union of male 
 and female is founded on the law of nature. 
 
 Maritagium, I. I. In feudal and old English law. Marriage ; the right 
 of a lord to dispose of his infant ward in marriage ; a portion given 
 with a woman to her husband in marriage. Maritagiuin liabere: 
 to have the free disposal of an heiress in marriage. 
 
 Maritima Angliae, I, L In old English law. The revenue coming to the 
 king from the sea, anciently collected by the sheriffs, but afterwards 
 granted to the admiral. Maritima incrementa: marine increases ; 
 lands gained from the sea. 
 
 Maritime. Pertaining to navigation or to commercial intercourse upon 
 the seas, and, in this country, upon the great lakes and navigable 
 rivers. Maritime cause: a cause of action originating on such 
 waters, or out of such intercourse. Maritime contract: a contract 
 relating to such navigation or such commerce. Maritime court: 
 a coux't exercising the powers of a court of admiralty. Maritime 
 interest: interest at an extraordinaiy rate paid for a loan upon 
 bottomry or respondentia. Maritime law: the law of the sea ; the 
 body of usages which governs the affairs of persons engaged in such 
 navigation and intercourse. Maritime lien: a lien on a vessel for 
 money advanced, supplies furnished, labor done, etc Maritime 
 loan: a loan upon security of ship or cargo, to be paid, with mari- 
 time interest, if the vessel arrives safely. Maritime service: a serv- 
 ice to be performed in connection with navigation or commercial 
 intercourse upon navigable w'aters. Maritime tort: a wrong com- 
 mitted on navigable waters within the jurisdictionof a court of ad- 
 miralty. 
 
 Marlv. A character made by illiterate or disabled persons, in executing 
 deeds and other writings, — usually a cross made in a blank space 
 left for that purpose, in the middle of the name as written for the 
 party, and between the word " his '' or " her " written above, and the 
 word "mark" written below, the space. Marks-man: a person who 
 signs by means of such a mark. 
 
 Market. A place for the public sale of commodities ; a place of public 
 traffic. Market place: usually a market-place, but may mean either 
 a district in which trade is so habitually conducted as to furnish a 
 criterion of value, or the point at which the trade in such a district 
 
454 MARKET — MARSHAL. 
 
 centers. Market price, or value: a, price established by public 
 sales in the way of ordinary business. 
 In English law. The franchise or privilege by which a town is en- 
 abled to keep a market. Market overt: open market ; a place or 
 shop for the open sale of goods. Market town: a town entitled to 
 hold a market. Market zeld, or geld: the toll of a market 
 
 Marlbridge, Marlebridge, statute of. The statute of 53 Henry HI., 
 confirming the Great Charter and the Charter of the Forest, and 
 containing provisions in regard to tenures, and for the better ad- 
 ministration of justice, abolishing fines for beau-pleader, introduc- 
 ing the writ of entry in the post, etc. 
 
 Marque. The frontier, border or boundary line of a country. Marque, 
 letters of: permission given by the sovereign to make reprisals on 
 another country with reference to the apprehension of the subjects 
 of the sovereign of the latter within the march or border. Marque 
 and reprisal, letters of: permission so to make reprisals, with per- 
 mission to pass the frontier for the purpose of making them. 
 
 Marquess, marquis. Jn English law. A degree of nobility next to 
 that of duke, — so called from the ancient oflSce of the marquess 
 to guard the marches of the kingdom, particularly on the side of 
 Wales and Scotland. 
 
 Marriage. An engagement by which in form of law a man and a 
 woman capable of entering into such an engagement take each 
 other for husband and wife ; the act or ceremony by which such an 
 engagement is solemnized ; the relation which results. Marriage 
 articles: articles of agreement between parties contemplating mar- 
 riage, intended as preliminary to a formal marriage settlement. 
 Marriage brokage: the procurement of a marriage between per- 
 sons, for a consideration ; the consideration paid or agreed to be 
 paid. Marriage settlement: a settlement made before or after 
 marriage, by which the estate of either or both of the parties is set- 
 tled or limited to be enjoyed in a certain way. 
 In the feudal law. The power which the lord or guardian in chivalry 
 had, of disposing of his infant ward in matrimony. 
 
 Marshal. In American law. The ministeral oificer of the federal court, 
 with duties similar to those of a sheriff ; an officer in towns and 
 ' cities with duties similar to those of a petty constabla 
 In English law. Marshal, mareschal: the title of several officers 
 with judicial or ministerial powers, as, the earl mai°shal, or lord 
 mareschal, a high officer of state, who presided in the court of chiv- 
 alry ; the marshal of the king's house whose special authority is in 
 the king's palace, to hear and determine all pleas of the crown, and 
 to punish faults committed within the verge, and to hear and judge 
 of suits between those of the king's household ; the marshal of the 
 king's bench prison, who had the custody of that prison. 
 
MAESHAL— MASTER. 455 
 
 Marshal. To arrange, rank, or set in order ; to arrange words in a cer- 
 tain order; to construe. Marshaling' assets: the arranging or 
 ranking of assets in a certain order toward the payment of debts, 
 particularly such an arrangement of diflferent funds under adminis- 
 tration that creditors shall receive their due proportions, notwith- 
 standing intervening interests, liens, or other claims of particular 
 persons to prior satisfaction. Marshaling charities: the ranking 
 of legacies where there are funds of pure and mixed personalty 
 applicable to payment of debts and charity legacies, and the legacies 
 are charged on the pure personalty and the debts on the rest of the 
 fund, so that the legacies will be deemed to have failed in the pro- 
 portion of the mixed to the pure personalty, if there is a deficiency 
 of assets. Marshaling liens: the ranking of liens where realty 
 subject to lien of a judgment or of a mortgage has been alienated 
 in separate parcels to different persons at different times, so that the 
 parcels may be subjected to satisfaction of the lien in the inverse 
 order of alienation. Marshaling of securities: that principle of 
 arrangement by which a person having a lien on or interest in a 
 certain fund may compel a person having a li^ on or interest in 
 the same fund, and also on another fund, to resort, in the first in- 
 stance, to such other fund for satisfaction. 
 Karshalsea. In English law. The court or seat of the marshal, — a 
 court originally held before the steward and marshal of the king's 
 house, and instituted to administer justice between the king's do- 
 mestic servants ; a London prison formerly belonging to the court 
 of King's Bench. 
 Marte sno decnrrere, I. In the civil law. To run by its own force, — 
 a term applied to a suit, which ran its course to the end, without 
 impediment. 
 Martial law. A system of rules for the government of an army, or 
 adopted in times of actual war ■ an arbitrary kind of law sometimes 
 established in a district occupied by an armed force, by which the 
 civil authority and the ordinary administration of the law are either 
 wholly suspended or subjected to military control. 
 Marus, 1. 1. In old Scots law. A maire ; an officer or executor of sum- 
 mons. 
 Master. A person having authority ; one who directs or superintends or 
 instructs ; one who has superior skill ; one who hires or employs ; 
 one who has command of a merchant vessel and care of the cargo. 
 Master in chancery: an officer of a court of chancery who acts as 
 an assistant to the chancellor, and whose principal duty consists in 
 inquiring into various matters referred to him for the purpose, and 
 reporting thereon to the court 
 In English law. Master at common law: an officer of the superior 
 courts of common law (each court having five), whose principal 
 duties, when attending court, consisted in taking affidavits, in ad- 
 
456 MASTER — MAUVEISB. 
 
 ministering oaths to attorneys on their admission, and in certifying 
 to the court, in cases of doubt or difficulty, what the practice of the 
 court was. The principal duties out of court consisted in taxing 
 attorneys' costs, in computing interest, in examining witnesses who 
 were going abroad, and in hearing and determining rules referred to 
 them by the court Master of the crown office: the Queen's cor- 
 oner and prosecuting attorney in the criminal department of the 
 \ court of Queen's Bench. Master of the rolls: a judge who holds a 
 chancery court ranking next to that of the Lord Chancellor, and 
 who has the keeping of the rolls and grants which pass the great 
 seal, and the record of the chancery. He was originally appointed 
 only for the superintendence of the writs and records appertaining 
 to the common-law department of the court, and is still properly 
 the chief of the masters in chancery. 
 
 Mate. The officer next to the master on board a vessel, who on death, 
 or in absence, of the master succeeds virtute officii to the care and 
 command of the ship. 
 
 Materia, I. I. Matter ; substance ; subject-matter, y. In pari. 
 
 Material. Any article or substance used in the building or the repair 
 of houses, ships, etc. Material man: one who furnishes any article 
 or substance for such building or repair. 
 
 Materna maternis, I. The goods acquired through the mother descend 
 to those connected with her. 
 
 Matrimonial causes. In English ecclesiastical law. Causes of action 
 or injuries respecting the rights of marriage. 
 
 Matrimonium, I. In the civil law. Matrimony; marriage. Matri- 
 monia debent esse libera: marriages ought to be free. 
 
 Matrix ecclesia, /. A mother church ; a cathedral church, in respect of 
 the parochial churches within the same diocese, or a parochial church, 
 in respect of the chapels depending on her. 
 
 Matter. That which is perceptible by the senses ; a substantial thing, 
 opposed to form ; the subject of legal consideration, action or de- 
 fense ; the facts constituting a part or the whole of a ground of ac- 
 tion or a defense. Matter in deed: matter contained in a writing 
 under seal between two or more parties, which is regarded as a pri- 
 vate act Matter in pais: matter in the country ; matter not in 
 writing. Matter of record: matter entered on record, or appearing 
 on the records of a court, comprising all judicial acts. 
 
 Matter en ley ne serra mise en bonche del jurors, I. fr. Matter in law 
 shall not be put into the mouth of jurors. 
 
 Maturity. The time when a bill of exchange or promissory note be- 
 comes due. 
 
 Mangrc, I. fr. In spite of ; against the will of. v. Malgre. 
 
 Maunder, I. fr. In old English law. To command ; to return, as a 
 writ 
 
 Maureise, mauveys, I fr. False ; fraudulent ; bad ; defective. 
 
MAXIM — MEDLETUM. 457 
 
 jHaxiin. A general principle ; a postulate or axiom ; a rule of general 
 or universal application, upon which other rules are founded. 
 
 Maxime,?. Chiefly; most of all. Maxime paci sunt contraria vis et 
 injuria: the greatest enemies to peace are force and wrong. 
 
 Maximus, I. The greatest Maximus erroris magister popalns: the 
 people is the greatest master of error. 
 
 May. In the con.struction of public statutes, is often to be construed 
 " must." 
 
 Mayhem, v. Maihem. 
 
 Mayor. The chief or executive magistrate of a municipal corporation. 
 
 Meadow. A tract of land above the shore of a sea or stream, which is 
 over-flowed by spring and extraordinary tides only, and which yields 
 grass good for hay. 
 
 Mean. Intermediate. 
 
 Meander. To pursue a winding course, as a river or stream ; to follow 
 the course of a stream, according to its windings ; to survey a stream 
 according to its actual course. 
 
 Means. Instrumentality; resources, property or money. Means of snp- 
 ^ port: any of the resources from which the necessaries of life are or 
 may be derived. 
 
 Mease, mese. In old English law. A messuage or dwelling-house. 
 
 Measure of damages. The rule, or rather the system of rules, govern- 
 ing the estimation of damages as a compensation for injuries in ac- 
 tions at law. 
 
 Meclianic. A workman who with the use of tools shapes and unites 
 materials into some sort of machine or structure ; an artisan. 
 
 Medfee. In old English law. A bribe or reward ; a compensation given 
 in exchange, where the things exchanged were not of equal value. 
 
 Mediator, I. I In old English law. An arbitrator. 
 
 Medical. Pertaining to medicine, or the study and practice of medicina 
 Medical attendance: may include nursing. Medical jurispru- 
 dence: the science of medicine as applied to questions arising in 
 courts of justice. Medical services: may include the services of a 
 medical clairvoyant 
 
 Medietas, /. I In old English law. A moiety ; one half ; a half part, 
 divided and separated. Medietas lingna;: moiety of tongue ; half- 
 tongue ; applied to a jury empanelled in a cause, consisting, the one 
 half of natives, the other of foreigners. 
 
 Medio tempore, I In the meantima 
 
 Meditatio fngie, 2, In Scots law. Contemplation of flight; intention 
 to abscond. 
 
 Medias, Z. In old English law. Mean ; intermediate ; between two. 
 
 Medletnm, melletam, L I. In old English law. A mixing together ; 
 a medley or melee; an affray or sudden encounter; an offense sud- 
 denly committed in an affray ; an intermeddling, without violence, 
 in any matter of business. 
 
458 MEIN — MEMORY. 
 
 Mein, I fr. A hand. Meins inises snr seintz: hands laid upon the 
 holy (Gospels). 
 
 Meite, meited, I. fr. Moiety ; a moiety or half. 
 
 Meldfeoh, sax. In Saxon law. A reward given to an informer. 
 
 Melior, I. Better; the better. Melior est conditio possidentis: the 
 condition of the party in possession is the better one ; — et rei 
 qiiain actoris: the condition of the party in possession is the better 
 one, and that of a defendant is better than that of a plaintiff ; — ubi 
 neuter jus habet: where neither has the right, the condition of the 
 party in possession is the better. Melior est justitia Tere praeve- 
 niens quam seTere pnniens: that justice which absolutely prevents 
 [a crime] is better than that which severely punishes it Meliorem 
 conditionem suam facere potest minor, deteriorem nequaqnam: 
 a minor can make his condition better, but by no means worse. 
 
 Helioratio, I. In old English law. A making better ; an improvement 
 or betterment ; a melioration. 
 
 Melius, I. Better ; the better. Melius aTerium: the better [best] beast. 
 Melius est: it is better ; — in tempore occurrere, quam post causam 
 Yulneratam remedinm quserere: it is better to meet a thing in 
 time than, after an injury inilicted, to seek a remedy; — omnia 
 mala pati quam malo consentire: it is better to suffer all wrongs 
 [any wrong] than to consent to wrong ; — recurrere quam male 
 currere: it is better to run back than to run badly ; it is better to 
 retrace one's steps than to proceed improperly. 
 In old English law. Melius inquirendum, oj- iuquirendo: to be 
 better inquired ; the name of a writ issued to the escheator, com- 
 manding him to make a further inquiry, or to take a new inquisition, 
 respecting a matter. 
 
 Memorandum, I. and eng. To be remembered; be it remembered; a 
 formal word with which the body of a record in the court of King's 
 Bench anciently commenced ; a special clause in an instrument, to 
 which attention is particularly required ; a brief note in writing of 
 some transaction, or an outline of an Intended instrument. Memo- 
 randum check: a check intended not to be presented immediately 
 for payment ; a check given by a borrower of money to be held by 
 the lender and redeemed by the borrower. Memorandum of agree- 
 ment: a writing required by the Statute of Frauds, to bind the par- 
 ties in certain cases. 
 
 Memorial, l, Memorie, I. fr. In old English law. Memory ; faculty of 
 remembrance ; mental soundness generally. 
 
 Memory. The faculty by which mental impressions are reproduced ; 
 understanding ; full possession of the mental powers, as in the ex- 
 pression sound and disposing mind and memory. 
 In English law. Memory or memory of man, legal memory: a period 
 fixed by the statute of Westm. 1, to begin with the reign of Richard 
 I. ; since reduced to twenty years. 
 
MENDACIUM — MERCIMONIATUa 459 
 
 Mendacium, I. In old English law. Falsehbod ; a falsehood ; a false 
 statement made with intent to deceive. 
 
 Mener, inesner, inenir, I. fr. To lead ; to conduct or manage ; to bring ; 
 to drive ; to carry. 
 
 Mens, I. Mind; understanding; vcill; intention. Mens leg-islatoris: 
 the intention of the law maker. Mens rea: criminal intent. Mens 
 testatoris in testamentis spectanda est: the intention of the tes- 
 tator is to be regarded in wills. Mente captus: of unsound mind. 
 
 Mensa, I In old English law. A table ; board, v. A mensa et thoro. 
 
 Mensis, I. In civil and old English law. A month. Mensis retitus: 
 
 the prohibited month, v. Fence month. 
 "Mensura, I. In old English law. A measure. Mensura doniini regis 
 or mensura regalis: the king's measure, — the standard measure 
 kept in the exchequer. 
 
 Mentirl, I. To lie ; to assert a falsehood. Mentiri est contra nientem 
 ire: to lie is to go against the mind. 
 
 Mercandisa, nierchandisa, uiercandisia, 1. 1. In old English law. Mer- 
 chandise ; all goods and wares exposed to sale in fairs or markets. 
 
 Mercantile law. The law of trade ; that branch of law which defines 
 and enforces the rights and duties of merchants or mercantile per- 
 sons. 
 
 Mercatio, I. A buying ; a trafBpking or trading. 
 
 Mercator, I In civil and old English law. A trader ; a merchant The 
 word was used to mean all sorts of traders, whether buyers or sellers, 
 though strictly it meant buyer. 
 
 Mercatum, mercatus, mercadnm, marcatnin, marcadum, 1. 1. In old 
 European law. A place of public buying and selling ; a market. 
 
 Mercen-lage, Merchen-lage, Merclien-lae, sax. The Mercian law, or law 
 of the Mercians ; one of the three principal systems of law which 
 prevailed in England, in the times of the Saxons, and that which 
 was observed in many of the midland counties, and the counties on 
 the Welsh border. 
 
 Merces, L In the civil law. Hire or compensation ; the reward of labor. 
 
 Mercliandise. Articles of trade or traflSc ; subjects of commerce ; things 
 bought and sold, or bought to be sold again. 
 
 Merchant. Strictly, a buyer, but by extension one who buys to sell, or 
 buys and sells ; one who deals^ in the purchase and sale of goods ; a 
 dealer in merchandise ; a trader. Merchants' accounts: within the 
 meaning of statutes of limitation, accounts between merchants for 
 merchandise, consisting of debits and credits, unsettled and mutual. 
 
 Merchantahle. Vendible in market, and hence fairly and reasonably 
 fit and suitable for its purpose. 
 
 Mercimonia, I. In old English law. Wares. Mercimonia et inerchan- 
 dizas: wares and merchandises. 
 
 Mercimonlatus Anglix, 1. 1. In old English law. The impost of Eng- 
 land upon merchandise. 
 
4C0 MERCY — MESNE. 
 
 Mercy, I. fr. and eng. In old English law. The arbitrament or discre- 
 tion of the king, lord or judge, in punishing any offense, not di- 
 rectly censured by law. v. Amerciament. 
 
 Mere right. The mere right of property in land ; the jus proprietatis, 
 without possession or the right of possession. 
 
 Mere-stone. In old English law. A stone for bounding or dividing 
 lands. 
 
 Merger. The sinking, drowning, absorption or extinguishment of one 
 thing in another. Merger of estates: the extinguishment in law 
 of a lesser estate in a greater, where they coincide and meet in the 
 same person, without any intermediate estate, — a result which in 
 equity may not follow, and is mainly a matter of intention. Mer- 
 ger of obligations, contracts: an extinguishment of a simple con- 
 tract by confirmation by deed, or the extinguishment of a contract, 
 simple or sealed, by a judgment. Merger of wrongs: the sinking 
 or drowning of a private wrong in a public offense, where the wrong 
 and the offense are one and the same act 
 
 Merits. Matter of substance in law, as distinguished from matter of 
 mere form ; a substantial ground of defense in law. 
 
 Merton, statute of. A statute of 20 Henry III., concerning dower, 
 usury, legitimacy, etc. So called, because the parliament was then 
 held at the monastery or priory of the canons regular of Merton, in 
 Surrey. 
 
 Mernm, L In old English law. Mere ; naked or abstract Mernm jns: 
 mere right 
 In the civil law. Mernm imperium: the simple power of punishment 
 
 Merx, I. Merchandise; movable articles that are bought and sold; 
 articles of trade. Merx est quicqnld vendi potest: merchandise is 
 whatever can be sold. Mercis appellatio ad res mobiles tantam 
 pertinet: the term merchandise belongs to movable things only. 
 Mercis appellatione liomines non contineri: men are not included 
 under the denomination of merchandise. 
 
 Merym, merime, merisme, maerisme, merrien, merin, I fr. Timber. 
 
 Mes, meas, mas, I. fr. But Mes adjoruat: but it is adjourned. Mes 
 vide: but see. 
 
 Mesaventure, I. fr. A mischance. 
 
 Miscreauntes, Z. /r. In old English law. Apostates, unbelievers, in- 
 fidels, — classed with the worst criminals, hence the term miscreant. 
 
 Mescru, I. fr. Suspected of crime ; guilty. 
 
 Mesfait, I. fr. A misdeed ; an offense. 
 
 Mesfesour, I. fr. A wrong-doer ; a criminal. 
 
 Mesnalty, mesnality. In old English law. The estate or right of a 
 mesne. 
 
 Mesne, I. fr. and eng. Middle ; intermediate ; between two persons or 
 proceedings. Mesne process: intermediate process ; process interven- 
 ing between the beginning and the end of a suit ; the writ of capias 
 
MESNE — MEYNS. 461 
 
 ad respondendum. Mesne prollts: intermediate profits; proflta 
 which have been accruing between two different periods ; profits of 
 land, which a tenant has received during the period of his wrongful 
 possession. 
 In old English law. Mesne lord: a middle or intermediate lord ; a 
 lord who held of a superior lord. 
 
 Mesprendre, I. fr. To misbehave ; to do amiss ; to offend ; literally, to 
 mistaka 
 
 Mesprision, Z./r. Mistake ; a mistaking. 
 
 Messenger. A person who bears a message ; one who bears a notice, 
 invitation or communication, oral or written, from one person to 
 another or to a public body. 
 
 Messis, I. A harvest or crop. 
 In Scots law. Messis sementem sequitur: the crop belongs to [fol- 
 lows] the sower. 
 
 Messuage. A dwelling-house with out-buildings, garden, orchard and 
 curtilaga 
 
 Messnagium, mesuagium, I. I. In old English law. A messuage; a 
 house. Messnagium sire domns: a messuage or housa 
 
 Mestier, I. fr. Mystery ; handicraft ; trade ; occupation. 
 
 Meta, I. In old English law. A boundary line ; a border or terminus. 
 Properly, a visible object, standing on the line, as a stone or trea 
 
 Metes. V. Abuttals. Metes and bounds: the boundary lines of land, 
 with their terminating points or angles, v. Butts and bounds. 
 
 Metropolitan. In English law. One of the titles of an archbishop, — 
 derived from the circumstance that archbishops were consecrated 
 at first in a metropolis. 
 
 Mettre, I. fr. To put, place or set ; to put, or suppose, as a case. Mettre 
 a large: to set free. Mettre en escript: to put in writing. Met- 
 tons: put, suppose. Mettomus: let us suppose or admit 
 
 Metns, I. In old English law. Fear ; apprehension of danger, present 
 or expected ; not the fear of a timorous person, but such as may in- 
 fluence a steady man ; apprehension such as may extend to peril of 
 death and bodily suffering. 
 In the civil law. Fear, — not every kind of apprehension, but the 
 fear of some serious evil ; not the fear of a foolish man, but a rea- 
 sonable apprehension such as might be felt by a man of the great- 
 est coolness. 
 
 Men, I fr. Moved ; commenced, as a suit 
 
 Menm et tuum, /, Mine and thine. 
 
 Meyn, mayn, I. fr. Hand ; an oath ; mean, intermediata 
 
 Meynovere, I. fr. v. Mainour. 
 
 Meynoverer, I. fr. To occupy ; to manure, v. Manure. 
 
 Meynpernour, I. fr. A mainpernor. 
 
 Meyns, I. fr. Less ; insuflSciently ; not Meyns avysemcnt mannde: ill. 
 advisedly sent Meyns sacltantz: illiterate. 
 
462 MICHAELMAS — MILL. 
 
 Michaelmas term. One of the four terms of the English courts of com- 
 mon law, beginning on the 2d and ending on the 25th of November. 
 
 Michelgemot, michelsynoth, sax. Great meeting; the great assem- 
 bly of the people ; the Witenagemote. 
 
 Middle thread. An imaginary line drawn through the middle of a 
 stream in the direction of its length, v. Medium, 
 
 Middlesex, bill of. v. Bill. 
 
 Migrare, I. To remove from one place to another ; to migrate. Migrans 
 jura amittat ac privilegia et immnnitates domicilii priorls: one 
 who emigrates will lose the rights, privileges and immunities of his 
 former domicil. 
 
 Migration. Imports freedom of action. In the constitution,, as. applied 
 to black persons and contrasted with "importation," implies free- 
 dom. 
 
 Mile. A measure of distance, — on land, 5380 feet; at sea, 6086.7 feet. 
 Mile circular: one of the whole number of miles, traveled in going 
 to a place and returning therefrom. 
 
 Miles, pi. milites, I. In old English law. Knight ; a knight. So called, 
 because the knights formed part of the royal army, in virtue of their 
 feudal tenures. 
 In the civil law. A soldier. 
 
 Military. Pertaining to war, to the army, to soldiers. Military law: a 
 system of regulations for the government of an army, — quite dis- 
 tinct from martial law. ' 
 In American law. Military government: government, under the 
 constitution, of the army ; in time of foreign wars, or of rebellion 
 against the general government, in place of the local law ; in time 
 of invasion or of insurrection within a loyal state, which may be 
 called martial law proper. Military lands, military bounty lands: 
 lands granted to soldiers for millitary services. ^ 
 In English law. Military causes: causes of action or injuries cogni- 
 zable in the court military, or court of chivalry. Military courts: 
 the ancient court of chivalry and modern courts martial. 
 In old English law. Military fends, fiefs or fees: the genuine or orig- 
 inal feuds or feudal estates, which were all of a military nature. 
 Military tenures: tenures by knight service and escuage, which 
 were abolished by the statute 12 Car. II., c. 24. 
 
 Militia. Military service ; the national soldiery of a country, as distin- 
 guished from the standing army, consisting of able-bodied male in- 
 habitants of a prescribed age, whd are enrolled, for discipline, but 
 for active service only on emergent occasions, as in case of insur- 
 rection or invasion. 
 
 Mill. Includes not merely the building in which the business is car- 
 ried on, but the site, dam, and other things connected with the free- 
 hold. Mill site: includes, in a grant, all the land covered by the 
 milL 
 
MINATUR — MINORITY. 463 
 
 Minatur innocentlbns qni parcit nocentibus, I. He threatens the in- 
 nocent who spares the guilty. 
 
 Mind. The understanding ; the rational faculty ; the state of the mental 
 faculties. Mind and memory: a phrase used in wills to express tes- 
 tamentary capacity. 
 
 Mine. An opening in the earth made for the purpose of taking out 
 minerals, and, in case of coal mines, commonly a worked vein. 
 
 Minerals. Whatever is mined ; in a large sense, all substances which 
 form, or have formed, part of the solid body of the earth, and which 
 ai'e now destitute of life and incapable of supporting life, whether 
 animal or vegetable, — including petroleum. 
 
 Minime, I. In the least degi-ee ; least of all ; by no means ; not at all. 
 Minima mntanda sunt quae certam habuernnt interpretation em: 
 things which have had a certain interpretation [whose interpretation 
 has been settled, as by common opinion] are not to be altered. 
 
 Minimns, minimnm, Z. The least ; the smallest. Minima p«ena cor- 
 poralis est major qnalibet pecuniaria: the smallest corporal pun- 
 ishment is greater than any pecuniary one. Minimum est nihilo 
 proximum: the least is the nearest to nothing. 
 
 Minister, I. and eng. An assistant ; an attendant ; one who executes 
 the order of another ; an officer of justice, charged with the exe- 
 cution of the law, and hence termed a ministerial oflScer, — as a 
 sheriff, bailiff, coroner, sheriff's officer ; a diplomatic agent or repi'e- 
 sentative ; a person ordained to preach the gospel. 
 
 Ministerial. Attendant upon ; subservient, subordinate ; done or exe- 
 cuted under the authority of or in obedience to another, and hence 
 not in the exercise of a discretioni Ministerial act: an act which 
 is done in a given state of facts in a prescribed manner, in obedi- 
 ence to legal authority, without regard to the judgment of the per- 
 son acting. Ministerial dnty: a duty in respect to which nothing 
 is left to the discretion of the person who is to perform it Minis- 
 terial officer: an officer who has no discretion but to obey the legal 
 authority. 
 
 Minor, 1. Less ; younger ; an infant. 
 In old English law. A person of lower condition. Minor %tas: mi- 
 nority or infancy. Minor jnrare non potest: a minor cannot make 
 oath. Minor 17 annis non admittitur fore execntorem: a person 
 under seventeen years i^ not admitted to be an executor. Minor 
 minorem custodire non debet, alios enim prajsumitur male re- 
 gere qni seipsnm regere nescit: a minor ought not to be guardian 
 to a minor, for he who knows not how to govern himself is pre- 
 sumed to be unfit to govern others. 
 
 Minora regalia, I. I. In English law. The lesser prerogatives of the 
 crown, including the rights of the revenua 
 
 Minority. The state of being under, or less than the age of legal capac- 
 ity; infancy. 
 
464 MINUS — MISERICOEDIA. 
 
 Minus, I. Less; not. 
 In old English law. Minns satis: insufficient Minns sufflciens in 
 
 literatnra: incompetent in point of learning. 
 In the civil law. Minus solntum intelli^itur etiam si niliil esset 
 solutum: it is also considered less paid \i. e. not paid] if nothing lias 
 been paid. Minus solvit qui tardins solvit: lie who pays too late 
 does not pay at all. v. In eo quod, etc. 
 
 Minute titlies. In old English law. Small tithes, such as usually be- 
 longed to the vicar ; as herbs, seeds, eggs, honey, etc. 
 
 Minutes. Memoranda of what takes place in a court, made by the clei'k 
 in his minute book, and the basis of the record afterwards made 
 therefrom ; the record of the proceedings of a board of directors of 
 a corporation. 
 In Scots law. A pleading put into writing before the lord ordinary as 
 the ground of his judgment 
 
 Minutio, I. In the civil law. A lessening ; diminution or reduction. 
 
 Minutus, I. I. In old English laiv. Small. Minutis curiis: in small 
 courts. 
 
 Mirror of Justices, or The Mirror. The title of aa old treatise written 
 in law French, and generally attributed to Andrew Home, who was 
 chamberlain of London in the time of Edw. IL 
 
 Misa, I. I. In old English law. The mise or issue in a writ of right ; a 
 compact or agreement Misae: costs of suit ; expenses generally. 
 
 Misadventure. Mischance ; misfortune or accident > 
 
 Miscontinuance. An improper continuance ; want of proper form in a 
 continuance. 
 
 Miscreant, I. In old English law. An apostate ; an unbeliever ; one 
 who totally renounced Christianity. 
 
 Misdemean. In old English law. To use improperly ; to abuse. 
 
 Miscarriage. Faulty behavior ; a wrongful act incurring liability in 
 damages. Miscarriage of justice: a failure in the administration 
 of justice. 
 
 Misdemeanour, misdemesnor. A less heinous species of crime; an in- 
 dictable offense, not amounting to felony. 
 
 Mise, I fr. In old English law. Cost or expense ; the issue in real ac- 
 tions, particularly in writs of right 
 
 Misera est servitns, ubi jus est vagum ant incertnm [incognitnm], I 
 It is a wretched state of slavery, where the law is shifting or un- 
 certain [unknown]. 
 
 Miserabile deposituin, I. In the civil law. A sad or lamentable de- 
 posit; one made under circumstances of sorrow or misfortune, 
 suc^ as insurrection, fire, shipwreck, etc. 
 
 Miserere, I. Have mercy ; the first word of the fifty-first psalm, the 
 first verse of which was commonly given to such malefactors to 
 read as had the benefit of clergy. 
 
 Misericord ia, 1 1. In old English law. Mercy ; an amercement 
 
MISFEASANCE — MITIUS. 465 
 
 Misfeasance. A misdeed or trespass ; the improper doing of wiiat if 
 done properly would be lawful. 
 
 Misliersing. In old English law. The being quit of amercements for 
 plaints not regularly and properly preferred. 
 
 Misjoinder. Improper joinder; the improper union of parties in an 
 action, or of causes of action. 
 
 Miskenning. In Saxon and old English law. An unjust or irregular 
 summoning to court; to speak unsteadily in court. 
 
 Misnomer. The using of one name for another ; a misnaming. 
 
 Mispleading. Error in pleading ; informal pleading, as pleading not 
 guilty instead of nil debet to an action of debt 
 
 Misprision. Neglect; oversight; mistake; neglect or light account 
 made of a crime ; omission to reveal a crime. It is a negative mis- 
 prision where it is a mere concealment of what oughf to be revealed ; 
 a positive misprision where it is the doing of an act which ought 
 not to be done. Misprision of felony: the concealment of a felony 
 committed by another, without such conduct as will make the party 
 an accessory. Misprision of treason: the bare knowledge and con- 
 cealment of treason vi^ithout any degree of assent thereto. 
 
 Misrecital. Error in the recital of an instrument. 
 
 Misrepresentation. A false or erroneous representation. 
 
 Missing ship. A vessel not arrived when, computed from the day of 
 sailing, the time that has elapsed exceeds the average duration of 
 similar voyages at the same season of the year. 
 
 Missio, L In the civil law. A sending or putting. Missio in bona: 
 a putting of the creditor in possession of the debtor's property. Mis- 
 sio judieam in consilium: a sending out of the judices to make up 
 sentence. 
 
 Missives. In Scots law. Writings passed between parties as evidence 
 of a transaction. 
 
 Mistake. In equity, some unintentional act, or omission or error, aris- 
 ing from ignorance, surprise, imposition or misplaced confidence. 
 Mistake of fact: the result of ignorance of some fact which really 
 exists, or of a belief in the existence of some fact which really does 
 not exist. Mistake of law: the result of an erroneous conclusion 
 as to the legal effect of facts of which the person has full knowl- 
 edge. 
 
 Misterium, 1. 1. A trade or occupation ; a mystery. 
 
 Mistrial. A false or erroneous trial, as in a wrong county. 
 
 Misuser. Abuse of an office or franchisa 
 
 Mitior sensns, I. I. The milder or more favorable sense. Mitiori sensu: 
 in the milder or more favorable sense. It was the old rule to con- 
 strue slanderous words in the mildest sense ; but now otherwise, the 
 rule being to give the words their ordinary meaning. 
 
 Mitius imperanti melius paretur, I. The more mildly one commands, 
 the better is be obeyed. 
 30 
 
466 MITTER — MODO. 
 
 ]ll!itter, ?./r./n old English Jaw. To put ; to suppose. Mitter ayant: to 
 put before ; to present before a court ; to produce in court. Mitter 
 )e droit: to put or pass the right; passing the right, Mitter 1' es- 
 tate: to put or pass the estate ; passing the estate. 
 
 Mittere.Z. To send ; to put Mittere in coufusum: to put in hotchpot; 
 to put into a common stock. Mittimvis: we send; a precept or 
 warrant granted by a justice, for committing an offender to gaol, 
 where bail is not allowed, or cannot be obtained. 
 In old English law. Mittimns: we send,— a writ by which records 
 were removed from one court to another. 
 
 Mittomns, I. fr. Let us suppose ; put the case ; admit 
 
 Mixed. Of several kinds, character's, species, etc. Mixed action: an ac- 
 tion partaking of the nature both of a real and a personal action ; 
 an action wherein some real property ^s demanded, and also dam- 
 ages for a wrong sustained. Mixed jury: a jury composed of both 
 white persons and black persons, v. Bilinguis. Mixed larceny: 
 compound larceny, v. Larceny. Mixed marriage: a marriage be- 
 • tween persons of different races. Mixed property: property par- 
 taking of the nature of both realty and personalty. 
 In English law. Mixed tithes: that species of tithes which consists 
 of natural products, but nurtured and preserved in part by the care 
 of man, as of wool, milk, etc. 
 In the civil law. Mixed action: an action in which a specific thing- was 
 demanded and some personal obligation claimed to be performed ; 
 an action in which each party was an actor. 
 
 Mixtnni imperinm, I. In old English law. Mixed authority, a kind 
 of civil power, — a term applied to the power of certain subordinate 
 civil magistrates, as distinct from jurisdiction. 
 
 Mobilia, I. Movables ; movable things ; otherwise called res mobiles. 
 Mobilia non liabet sitnm: movables have no situs. Mobilia per- 
 sonam sequuntur, immobilia sitnm: movable things follow the 
 person, immovables their site or locality. 
 
 Modalis, 1. 1. In old English law. Having the character of a modus; 
 qualified ; enlarged or restricted. 
 
 Mode. The manner in which a thing is done, — the mode of proceeding. 
 
 Model. In the patent law, a copy or imitation of the thing intended to 
 be represented. 
 
 Moderamen incnlpata) tatelse, I. In the Roman law. The regulation of 
 justifiable defense, — •' a term used to express that degree of force in 
 defense of the person or property which a person might safely usa 
 
 Mode et forma, I. I. In manner and form ; words used in the old forms 
 of traverse, and literally translated in the modern precedents, im- 
 porting that.the pleader denies the allegation of the other party, not 
 only in its general effect, but in the exact manner and form in which 
 it is made, — words usually not material, since they relate to matters 
 of time, place, eta 
 
MODUS — MONEY. ~ 467 
 
 Modus, I. Manner ; mode ; the manner in which an agreement shall 
 be made, in which land shall pass or shall be held. Modns et con- 
 ventio vlncunt legem: the form of the agreement and the consent 
 of the parties overrule the law. Modus legem dat donation!: 
 manner gives law to a gift ; the mode of conveyance determines 
 the character of the grant. Modus operandi: the mode of oper- 
 ating. 
 Jn English ecclesiastical law. Modus decimandi, or modus: a man- 
 ner of tithing growing out of custom, different from the general 
 law of taking tithes in kind ; a partial exemption or a pecuniary- 
 composition prescribed by immemorial usage and reasonable in 
 amount, — invalid as a rank modus if greater than the value of the 
 tithes in the time of Richard I. Modus de non decimando: a 
 modus of entire exemption ; a prescription to be entirely discharged 
 of tithes, and to pay no compensation in lieu of them. 
 
 Mohatra, I. I. In the civil law. A kind of contract of sale designed as 
 a cover for usury. 
 
 Moiety. A half ; one of two equal parts. 
 
 Molltura, multura, I. I. In old English laiv. A toll paid for grind- 
 ing ; a multure ; a grist or sack of corn brought to the mill to be 
 ground. 
 
 Molliter mann, I. With gentle hand. Molliter manus imposnit: he 
 gently laid hands upon ; formal words in old pleas in actions of tres- 
 pass and assualt, where a defendant justified ; the name of the mod- 
 ern plea in such case, in which the phrase, translated, is retained. 
 
 Molt, I fr. Much ; many ; very. Moltz: many. 
 
 Molyn, molin, ?. /)•. A mill. Molyn ventresse: a wind-mill. 
 
 Momentum, I. In the civil law. An instant ; an indivisible portion of 
 time ; a portion of time that might be measured, a division or sub- 
 division of an hour, answering in some degree to the modem minute, 
 but of longer duration. 
 
 Momentanens, I. I In old English law. Momentary. 
 
 Moneta, I. In civil and old English law. Money. In Domesday the 
 form is moneia. 
 
 Moneta abatuda, I. I. Money clipped or diminished in value. 
 
 Monetare, I. I. In old English law. To coin money. Monetandi jns 
 comprehenditur in regalibus quso nnnquam a regio sceptro ab- 
 dicantnr: the right of coining money is comprehended among 
 those royal prerogatives which are never i-elinquished by the royal 
 sceptre. 
 
 Money. The lawful circulating medium of a country; strictly and 
 technically, coin, usually gold and silver, stamped by government to 
 indicate its value ; more broadly, any currency, whether coin, tokens, 
 bank notes or other circulating medium in general use as a repre- 
 sentative of value. Money bills: as applied to legislative bills, bills 
 appropriating public revenue. Money counts: the common counts in 
 
468 MONEY — MOOTING. 
 
 assumpsit, founded on an implied promise to pay money, including 
 the counts for money had, money lent, money paid and money due 
 on insimul computassent 
 
 Monition. A process in the nature of a summons, issued, as in the ad- 
 miralty and in ecclesiastical courts, by courts which proceed accord- 
 ing to the civil law. The monition in the admiralty is general, 
 special or mixed, — general, when it cites all interested persons ; spe- 
 cial, when it cites persons named ; mixed, when it is both general 
 and special. 
 
 Monopolium, gr.-l. The sole power, right or privilege of sale ; monop- 
 oly ; a monopoly. Monopolium dicitur, cum unus solus aliquod 
 genus mercaturse uuiversum emit, pretium ad suum libitum 
 statueus: it is called monopoly, when one single person buys up the 
 whole of a commodity, fixing on it a price at his pleasure. 
 
 Monopoly. The exclusive privilege of soiling any commodity ; an ex- 
 clusive right or privilege. 
 
 Monstrans, I. fr. In English law. A showing. Moustrans de droit: 
 a showing or manifestation of right ; one of the common-law meth- 
 ods of obtaining restitution from the crown of either real or per- 
 sonal property. Monstrans de faits: a showing of deeds ; a species 
 of profert 
 
 Moustravit, pi monstrarerunt, I, In old English law. He has showed ; 
 a writ for the relief of tenants in ancient demesne who were dis- 
 trained for duties or services in violation of their liberties. 
 
 Montli. A divisiop of a year, being either a lunar month, consisting of 
 twenty-eight days or four weeks, or a calendar month, consisting of 
 from twenty-eight to thirty-one days. At common law, a month is 
 a lunar month, but otherwise in ecclesiastical matters, and otherwise 
 in some of the states of the Union. 
 
 Monumentum, mooimentum, 1. 1. In the civil and common law. A mon- 
 ument ; a memorial ; a chronicle or record. Monnmenta quse nos 
 recorda vocamus sunt veritatis et vetustatis vestigia: the memo- 
 rials which we call records are the traces of truth and of antiquity. 
 
 Moot. To argue ; to argue by way of exercise ; to argue a fictitious case 
 in form of law ; to agitate a point by argument, without determin- 
 ing it ; to raise a question for argument. 
 
 Moot. Subject to argument ; unsettled ; undecided. 
 
 Moot. In English law. An argument of causes by way of exercise ; 
 an argument of fictitious causes, with formalities resembling those 
 of a court. Moot court: a court held for the arguing of moot cases 
 or questions. Moot hall: the place where moot cases were argued. 
 Moot man: one who argued moot cases in the inns of court ; one 
 who argued readers' cases in inns of chancery, both in terms and 
 grand vacations. 
 
 Mooting. The exercise of arguing questions of law or equity, raised 
 for the purpose. 
 
MORA — MORTMAIN. 4G9 
 
 Mora, I In the civil law. Delay ; default ; neglect ; culpable delay or 
 default; delay in fulfilling an obligation, as in the payment of 
 money. Mora reprobatnr in lege: delay is reprobated in law. 
 
 Moral certainty. That degree of assurance which induces a man of 
 sound mind to act, without doubt, upon the conclusions to which it 
 leads. Moral consideration: the duty in morals to perform an 
 obligation not legally enforceable, — a consideration sufficient to 
 suppoi't an executed contract, and sufficient also to support a new 
 promise by an infant who has become of age, a discharged bankrupt, 
 etc. 
 
 Morandse solutionis causa, I. For the purpose of postponing payment 
 
 Morari, I In old English law. To delay ; to pause or rest Moratur 
 in lege: (he) rests or pauses in law ; (he) demurs. 
 
 More colonico, I. In old Englvah law. In husband-like manner. 
 
 More or less. Qualifying words which obviate liability for any slight 
 excess or deficiency in measure, number or weight 
 
 Morganatic marriage. A marriage between a woman and a man of 
 superior rank, in which it is stipulated that neither she nor her 
 children shall enjoy the rank or inherit the possessions of her hus- 
 band. 
 
 Morgangiya, morgengeba, 1. 1. In old European law. A gift made to 
 a wife on the morning of the nuptial day; a species of dower. 
 
 Morier, mourir, I, fr. To die. Morant, moarant: dying. 
 
 Mors, I. Death. Mors dicitur ultimum supplicinm: death is called 
 the last punishment, the extremity of punishment Mors omnia 
 solvi: death dissolves all things. 
 
 Mort, fr. Death. Mort d' ancestor: v. Assise. 
 
 Mortgage, Mortntim vadium, I. A dead or unproductive pledge ; a con- 
 veyance of lands, chattels or other subjects of property as a security 
 for a debt, upon a condition that if the sum due be paid at a certain ' 
 time the conveyance shall be void, otherwise become absolute,— the 
 alternative, however, taking effect subject to the right or equity of 
 redemption, v. Equitable mortgage. 
 In old English law. A pledge of movables or immovables as security 
 for a debt, — called dead, because the contract was that the fruits or 
 rents arising from the thing pledged should not go, as in case of 
 what was called a live pledge, towards paying off the demand for 
 which it was pledged. 
 
 Mortgagee. The person to whom a mortgage is made or given. 
 
 Mortgagor. The person who gives a mortgagq. 
 
 Mortis causa, L By reason or in contemplation of deatlt v. Causa; 
 Donatio. 
 
 Mortmain, I. fr. A dead hand ; a condition of property in which it is 
 held without the power of change or alienation ; a term originally 
 applied to the possession of land by ecclesiastical bodies, the mem- 
 bers of which were reckoned dead persons in law. 
 
470 MOETUARIUM — MULIERTY. 
 
 Mortuarinm, I. I. In old English law. A mortuary. 
 
 Mortuary. In English law. A customary gift claimed by and due to 
 the minister in many parishes, on the death of his parishioners ; a 
 sort of ecclesiastical heriot. 
 
 Mortunm vadium, 1 1. In old English law. A dead pledge ; a mart 
 gage, or mortgage. Mortnum Tadium dicitur illud cujns fructus 
 Tel reditus interim percepti in nuUo se acquietant: that is called 
 a dead pledge, the pi'oflts or rents of which, received in the mean- 
 time, in no respect discharge it. 
 
 Mortuus, I. Dead ; a return by a sheriff that the party named in the pro- 
 cess is dead. Mortuus exitus non est exitus: a dead issue is no 
 issue ; a child born dead is not considered as issue. 
 
 Mos pro lege, I. Custom instead of law. 
 
 Mote, sax. In Saxon law. A court ; a meeting or assembly. 
 
 Motion. Instance ; will ; desire ; an application made to the judge or 
 judges of a court, viva voce, in open court, for the purpose of obtain- 
 ing a rule or order directing some act to be done in favor of the ap- 
 plicant. 
 
 MotiTe. Inducement; incentive to action; that which moves or in- 
 fluences the mind or will ; an unlawful desire or emotion, awakened 
 by the perception or contemplation of some external object, or end 
 to be attained by action. 
 
 MoTB. To occasion ; to contribute to ; to tend or lead to. 
 
 Movables. Things movable ; movable or personal chattels, which may 
 be annexed to, or attendant on the person of the owner. 
 In the civil law. Inanimate things, animals being distinguished as 
 
 things moving. 
 In Scots law. Opposed to heritage, so that every species of property, 
 and every right, is by that law either heritable or movable. 
 
 Moventes, 1. In old English 1<jlw. Moving things. 
 
 Movere, 1. To move; to set in motion; to originate or commence. 
 Movere litem: to commence a suit 
 
 Moyen, moien, I. fr. Mean ; intermediate. 
 
 Moyte, I. fr. Half ; a moiety. 
 
 Mnirburn, sc In Scots law. The offense of setting flre to a muir or 
 moor. 
 
 Mulct. A pecuniary punishment; a flna 
 
 Mnlcta, 2. In the civil law. A pecuniary punishment; a fine or mulct 
 Mulcta damnum famse non irrogat: a mulct does not involve loss 
 of character. 
 
 Mulier, 1. I. In old English and Scots law. A lawful son ; the son of 
 a mulier, or lawful wife ; a wife or married woman. Mulier puisne: 
 a younger lawful son. 
 In the civil law. A marriageable virgin ; a woman not a virgin ; a 
 married woman ; a mother ; a woman, in general. 
 
 Mulierty. In old English law. The state or condition of a mulier, or 
 lawful issue. 
 
MULTA — MUNICEPS. 471 
 
 Kulta conceduntar per obliqaum, qaai non conceduntur de directo, /. 
 
 Many things are allowed indirectly which are not allowed directly. 
 Multa in jure communi contra ratioucm disputandi, pro com- 
 muni iitilitate introducta sunt: many things have been introduced 
 into the common law with a view to the public good, which are In- 
 consistent with sound reason. Mnlta transeunt cum nniversitate, 
 quae non per se transeunt: many things pass with the whole, which 
 do not pass separately. 
 
 multifarious. In equity pleading, composed of distinct and independ- 
 ent matters. Applied to the bill. 
 
 Multifariousness. In equity pleading, the improper joining in one 
 bill of distinct and independent matters, thereby confounding them, 
 as, of several matters against one defendant, or several matters 
 against several defendants. 
 
 Multiple poinding. In Scots law. Double poinding ; double distress ; 
 an action resembling a bill of interpleader. 
 
 Multiplex, I Manifold. Multiplex [et] indistinctum parit confnsi- 
 onem; et questiones [quo] simpliciores eo lucidiores: that which 
 is manifold and without distinction begets confusion ; and the more 
 simple questions are, the clearer are they. 
 
 Mnltiplicata transgressione crescat poenss inflictio, I. As transgres- 
 sion is multiplied, the infliction of punishment should increase. 
 
 Multiplicity. A state of being many; that quality of a pleading 
 which involves a variety of matters ; a multiplying or increasing. 
 
 Multitude, L fr. and eng. In old English law. An assembly of per- 
 sons for some unlawful purpose, — defined by some of the old writ- 
 ers to consist of ten or more, but by others regarded as no fixed 
 number. 
 
 Multitudo errantium non parit errori patrocinum, I. The multi- 
 tude of those who err furnishes no countenance or excuse for error. 
 Multitudo imperitornm perdit curiam: the great number of un- 
 skilful practitioners ruins a court 
 
 Mnltnra or multa episcopi, I. I. In old English law. A bishop's fine ; a 
 fine given to the king that a bishop might have power to make his 
 ■will, eta 
 
 Multure. In old English law. A grinding of grain at a mill ; the grain 
 ground ; the toll or fee due for grinding. 
 In Scots law. A duty paid for grinding in a mill ; a quantity of grain 
 payable for grinding. 
 
 Mnnd, munde, sax. In Saxon law. Protection ; defense ; peace. 
 
 Mandbrice, mundhrich, sax. In Saxon law. Violation of the mund 
 or king's protection ; a breaking of enclosures. 
 
 Mundeburd'e, mundbyrd, sax. In Saxon and old European law. A 
 pledge or security for protection. 
 
 Municeps, I. In Roman law. One who was entitled to hold office; 
 less properly, a townsman, — one born in the same munioipium. 
 
472 MUNICIPAL — MURDRUM. 
 
 Hnnicipal. Pertaining to a city, town or place having the right of 
 local government ; belonging to or affecting a particular state or 
 separate community. Municipal aid: aid given by a municipality 
 to an enterprise or undertaking supposed to be of public advantage, 
 as the building of a railway, the establishment of an institution of 
 learning, or the like. Xuniclpal bonds: negotiable bonds issued by 
 a municipal corporation to procure the loan of money, for the purpose 
 of extending municipa} aid, and the like. Municipal corporation: 
 a public corporation ; a corporation created for political purposes, 
 and having subordinate legislative powers to be exercised for local 
 purposes. Municipal law: the law by which a particular district, 
 community or nation is governed; the law of a state or nation, 
 as distinguished from international law. In a stricter sense, the 
 local law of a city or town. 
 
 Municipality. A division of a state for purposes of government, as a 
 city, town or county ; the ofiBcers of a city considered collectively. 
 
 Municipium, I. In Roman law. A foreign town to which the freedom 
 of the city of Rome was granted and whose inhabitants had the 
 privilege of oflBces and honors ; a free or privileged town. 
 
 Muniments. Means of supporting or defending; the evidences or writ- 
 ings by which one is enabled to defend the title of his estate ; title 
 deeds and papers. Muniment house: a place for the safe keeping 
 of muniments. 
 
 Munus, I. In the civil law. A gift or present ; a charge or duty ; an 
 oflSce. 
 In feudal law. A feudal estate, in its original character of a mere 
 gratuitous donation ; the name first given to what was afterwards 
 termed beneflcium, and finally feudum. 
 
 Mnr, I. fr. A wall. Mur abatn: a wall beaten or thrown down. 
 
 Murage, I. fr. and eng. In old English law. A toll levied for the build- 
 ing or repairing of public walls. 
 
 Murder. The killing of one human being by another, with malice 
 aforethought, express or implied. Murder, murdered: necessary 
 words in indictments for murder, as murdrum and murdravit were 
 anciently. 
 In old English law. The secret killing of one human being by an- 
 other ; the homicide of a Norman as distinguished from that of an 
 Englishman, v. Englecery; Murdrum. 
 
 Murdrare, I. I. In old English law. To murder ; to conceal or stifle. 
 MurdraTit: murdered, — a necessary word in old indictments for 
 murder. 
 
 Murdre, I. fr. Murder ; a fine so called. 
 
 Mnrdritor, 1. 1 In old English law. A murderer. Murdritores: mur- 
 derers. 
 
 Murdrum, 1 1 In old English law. A fine or amercement imposed on 
 a vill, hundred, or neighborhood where a person was found slain, 
 
MUEDKUM — NAM. 473 
 
 and not proved to be English, and the slayer was unknown. Mnr- 
 dra omnia coiidono: I forgive or remit all murders. 
 
 Mnrorum operatio, I I. In old English law. Wall-work ; the service 
 of building or repairing the walls of a city or castle, commuted into 
 a money payment called murage. 
 
 Murthrum, II In old Scots law. Murther or murder. 
 
 Mntatio uomlnis, I. In the civil law. Change of name. 
 
 Mutatis mutandis, I. Those things changed which ought to be changed ; 
 making the necessary changes. 
 
 Mntato nomine de te tabula narratur, I. The story is told of you 
 under a diflferent name. 
 
 Mute. Speechless ; dumb ; that cannot or will not speak. A prisoner 
 is said to stand mute, when, being arraigned, he either makes no an- 
 swer, or answers foreign to the purpose, or with matter not allow- 
 able, and will not answer otherwise, or, having pleaded not guilty, 
 refuses to put himself upon the country. 
 
 Mutiny. Resistance, by soldiers or seamen, of their oflBcers, or their au- 
 thority. 
 
 Mutual. Proceeding from both sides ; recipr jcal ; interchanged. Mut- 
 ual credits: credits which must, from their nature, terminate in 
 debts. Mutual promises: promises simultaneously made by and 
 between two parties, each being the consideration for the other. 
 
 Mutuality. Reciprocation ; interchange ; an acting by both of two 
 parties; an acting in return. Mutuality of contract: obligation 
 upon each party to do or to permit something in consideration of 
 what is done or permitted by the other. 
 
 Mntnari, I. To borrow. Mutnatns: a borrowing. 
 
 Mutus, I. In civil and old English law. Dumb ; mute ; a dumb person. 
 Mutus et surdns: dumb and deaf. 
 
 Mutuum, I. In the civil law. A loan for consumption ; a loan of con- 
 sumable goods, called res fungibiles, to be consumed, and returned 
 in kind. 
 
 My,lfr. Half; middla 
 
 Mys, I. fr. Put ; sent ; put in or inserted. Mys a lonr penannce: put to 
 their penance. Mys en ferges: put in irons. Mys en la gaole: put 
 in the gaol. 
 
 Mystery. A trade or occupation. 
 
 N. An abbreviation of Novellce, the Novels of Justinian ; used in citing 
 them. 
 
 Nadgaires, naidgayers, naidgaris, I. fr. Lately ; not long since ; some- 
 times. 
 
 Naif, I. fr. A villein ; a born slave. 
 
 Naifte, I. fr., Naivitas, I. I, Villeinage ; the state of a person born a 
 slave. 
 
 Nam, sasc In old English law. The taking of a pledge ; a distress. 
 
4Y4 NAMARE — NATURAL. 
 
 Namare, I I In old English law. To take; to distrain; to take a 
 distress. 
 
 Namatio, I. I. In old English and Scots law. A distraining, or taking 
 of a distress ; an impounding. 
 
 Name, Ifi:, Namiuin, I. I. In old English law. A taking; a distress; 
 a thing or chattel distrained. Name si est nn general nosme a 
 arers et a cliateux, et a touts auters choses moebles que leu poit 
 prendre en nome de destresse: name is a-general word for beasts 
 and chattels and all other movable things which one may take in 
 name of a distress. 
 
 Nari-., narratio, 1. 1, Narracon, I. fr. In old English law. A count, or 
 declaration, so called, as being a narrative by the plaintifiE of the 
 facts of the case which constitutes the ground of actioa 
 
 Narrare, /. I. In old English law. To relate or narrate ; to state a 
 plaintiff's case ; to count ; to declare. Narraudo : counting. 
 
 Narrative, In Scots law. That part of a deed which describes the 
 parties, and states the consideration. 
 
 Narrator, I. I. In old English law. A countor ; an advocate or pleader. 
 
 Nasciturus, I In the civil law. An unborn child ; a child to be born, 
 or about to be born. 
 
 Nastre, I. fr., Nasci, I. To be born. Natl et nasciturl: born and to 
 be born, — an expression including all heirs, near and remote. 
 
 National bank. A bank organized under thje National Bank Act of 
 June 3, 1864, for the purpose of carrying on the business of banking. 
 
 Natlvus, nativa, I. I. In old English law. A neife, or female villein. 
 
 Native. A natural-born subject 
 In American law. A person born within the jurisdiction of the United 
 States. Native citizen: a person born in the United States since the 
 declaration of independence, or who, if before, has removed here 
 since that event, or who, if born abroad, is of citizen parents who 
 have ever since resided here. 
 
 Nativi, I. I. In old English law. Vassals or feudal tenants, — so called, 
 even before feuds became hereditary. 
 
 Nativitas, I. I. In old English law. Villeinage ; that state in which 
 men were born slaves. 
 
 Nativus, I. I. In old English law. A born slave ; a villein born ; a villein, 
 
 Natura, I. Nature. Natura appetit perfectum; ita et lex: nature 
 covets perfection ; so does law also. Natura brevinm: the nature 
 of writs ; a collection of original writs with brief comments, called 
 old Natura Brevium, to distinguish it from Fitzherbert's Natura 
 Brevium. Natura non facit galtnm; ita nee lex: nature makes no 
 leap [no sudden or irregular movement], so neither does law. 
 
 Natural child. An illegitimate child ; a child born out of lawful wed- 
 lock. Natural day: the period of time which begins at sunrise and 
 ends at sunset ; otherwise called a solar day. Natural fool: a per- 
 son born without understanding; a born fool or idiot. Natural 
 
NATURAL— NB. 475 
 
 frnits: fruits of land or other thing, produced solely by the powers 
 of nature. Nataral law: the rule and dictate of right reason, show- 
 ing the moral deformity or moral necessity there is in an act, ac- 
 cording to its suitableness or unsuitableness to a reasonable nature. 
 Natural liberty: the power of acting as one thinks fit, without re- 
 straint or control, unless by the law of nature. Natural presump- 
 tion: that process of probable reasoning, which is exercised by per- 
 sons of ordinary intelligence, in inferring one fact from another ; 
 a presumption of fact 
 In American law. Natural allegiance: the allegiance due from citi- 
 zens born or naturalized, and which, it seems, they cannot voluntarily 
 renounce. 
 In English lav). Natural allegiance: that kind of allegiance which 
 is due from all men born within the king's dominions, immedi- 
 ately upon their birth, which is intrinsic and perpetual, and not 
 voluntarily to be renounced. Natural-born subjects: persons born 
 within the dominions of the crown. Natural year: that period of 
 time in which the sun was supposed to revolve in its orbit 
 In the civil law. Natural child: a child by natural relation or pro- 
 creation ; a child by birth, as distinguished from a child by adoption ; 
 a child by concubimige. 
 
 Naturale est quidlibet dissolvi eo modo quo ligatur, I. It is natural 
 for a thing to be dissolved as (in the manner in which) it is created. 
 
 Naturalization. The act of investing an alien with the rights and 
 privileges of a natural-born subject or citizen. 
 
 Naught. In old English law. Bad ; defective. 
 
 Naulum, gr.-l. In the civil law. Freight ; a sum paid for carrying goods 
 or passengers over sea in a ship. 
 
 Navigable. That may be navigated or passed over in ships or vessels ; 
 that may be used for navigation. Navigable river: at common 
 law a river in which the tide ebbs and flows, so far as it ebbs and 
 flows ; in the law of the United States, in general, a river in fact 
 navigable, so far as it is navigable. 
 
 Navigation. The science, act or business of conducting vessels over 
 water ; commerce or intercourse by means of shipping. 
 In English law. Navigation act: the statute of 13 Car. II., c 18, for- 
 bidding foreign ships and seamen to trade with British colonies. It 
 was repealed by the statute 6 Geo. IV., cc. 109, 110, 114. 
 
 Navis bona, I. A good ship ; a ship staunch and strong, well caulked, 
 and stiffened to bear the sea, obedient to her helm, swift, and not 
 unduly affected by the wind. 
 
 Ne, fr. Not Ne unqnes: never ; — accouple en loiall matrimonie: 
 never accoupled in lawful matrimony, — never lawfully married ; a 
 plea by which the tenant in an action of dower, unde nil habet, 
 might controvert the validity of the demandant's marriage; — ex- 
 ecutor or administrator: never executor or administrator ; a plea 
 
476 NE — NECESSARIES. 
 
 by which the defendant denies being an executor or administrator ; 
 — receivour: never receiver ; the general plea in actions of account, 
 denying that the defendant is a receiver; — seise que dower: 
 never seised of a dowable estate ; the general issue in the action of 
 dower unde nil habet, by which the tenant denies that the demand- 
 ant's husband was ever seised of an estate of which dower might 
 be had. 
 
 In English law. Ne disturba pas: does or did not disturb ; the gen- 
 eral issue or general plea in quare impedit. 
 
 In old English law. Ne baila pas: did not deliver ; a plea in detinue, 
 denying the delivery of a thing sued for. Ne dona pas: did not 
 give ; the general issue or general plea, in the writ of formedon. 
 Ne gist en le boilche, ne gist pas en bonche: it does not lie in the 
 mouth; it is not for one to say. Ne soit le briefe abatas: the 
 writ shall not be quashed. 
 Ne, I. Lest ; that not Ne deflciat jnstitia: lest justice should fail. Ne 
 qnis plus donasse prsesumatur qnam in donatione expresserit: 
 lest any one be presumed to have given more than he expressed in 
 the grant Ne recipiatur: that it be not received ; a proceeding by 
 which a party to an action may prevent the other from doing some 
 act when it has not been done in due time. Ne varietur: that it be 
 not changed, or let it not be changed ; a notarial phrase, the words 
 of which are sometimes written by notaries upon bills and notes, 
 for the purpose of ascertaining their identity. 
 
 In American law. Ne exeat republica, or ne exeat: that he go not 
 out of the state ; a writ issuing out of chancery forbidding the person 
 or persons to whom it is addressed from leaving the state. 
 
 In English law. Ne adinittas: that you admit not; a writ which 
 lies for the plaintifE in a quare impedit, forbidding the bishop to ad- 
 mit the defendant's or any other clerk pending the suit Ne exeat 
 regno, or ne exeat: that he go not out of the kingdom ; a preroga- 
 tive writ issuing out of chancery forbidding the person or persons 
 to whom it is directed from leaving the kingdom. The writ was 
 formerly used for political purposes, but has long since become a 
 mere process between private parties. 
 
 In old English law. Ne injuste vexes: that you do not unjustly 
 vex ; a prohibitory writ (now abolished), founded on Magna Charta, 
 which lay for a tenant distrained by his lord for more services than 
 he ought to perform. 
 
 In the Roman law. Ne quid in loco publico vel itinere flat: that 
 nothing shall be clone (put or erected) in a public place or way ; the 
 title of an interdict 
 Nee, neque, I. Nor; neither. 
 
 Necessaries. Things furnished to an infant or to a wife, such as are 
 useful and suitable considering the state and condition in life of the 
 person, and not merely such as are requisite for, bare subsistence; 
 
NECESSARIES — NEGATIVE. 477 
 
 things furnished for a vessel, part of a natural and reasonable outfit, 
 or suitable to the business in which she is engaged. 
 
 Necessary. Indispensably requisite ; in a sense less strict, needful, req- 
 uisite, incidental, useful or conducive to. Necessary domicil: that 
 kind of domicil which exists by operation of law, as distinguished 
 from domicil of choice. 
 Tn Scots law. Necessary intromission: intromission or interference 
 for preservation where a husband or wife continues in possession of 
 the other's goods after the decease of the other. 
 
 Necessitas, 1. Necessity; a force, power or influence which compels 
 one to act against his will. Necessitas culpabilis: culpable 01' 
 blaraable necessity, — that kind of necessity which excuses a man 
 who kills another se defendendo. Necessitas est lex temporis ct 
 loci: necessity is the law of time and of place. Necessitas facit 
 licitum quod alias non est licltum: necessity makes that lawful 
 which otherwise is not lawful Necessitas inducit pririlegiuiu 
 quoad jura privata: necessity carries with it a privilege as to private 
 rights. Necessitas non habet legem: necessity has no law. Neces- 
 sitas publica major est quam privata: public necessity is greater 
 than private. Necessitas quod cogit, defendit: necessity defends 
 or justifies what it compels. Necessitas sub lege non continetar: 
 necessity is not embraced under any law. Necessitas vincit (coin- 
 munem] legem: necessity overcomes the [common] law. 
 
 Necessity. The influence or operation of supei-ior power or irresistible 
 force ; the influence of a cause which cannot be avoided nor con- 
 trolled; constraint upon the will, by which. one is urged to do that 
 which his judgment disapproves, and which, it is to be presumed, 
 his will, if left to itself, would reject v. Work of necessity. 
 
 Neck- verse. The cant name of the verse given to an accused person to 
 read upon prayer of clergy. 
 
 Nee, ne, I. fr. Born. Nee vife: born alive. 
 
 Nefas, I That which is against right, or the divine law ; a wicked or 
 impious thing or act 
 
 Nefastug, I. In the Roman law. Profane, non-juridical, — applied to 
 days on which it was unlawful to administer justice. 
 
 Negari, I. To deny. Negatum: denied. 
 
 Negatif, negatyf, /. /)•. A negative or denial ; a contrary or opposite 
 allegation. 
 
 Negatio, I. In the civil and old English law. A negation, or denial ; a 
 negativa Negatio conclusionis est error in lege: the denial of a 
 conclusion is error in law. Negatio destruit uegationem, et nmb% 
 faciunt aflirmationem: a negative destroys a negative, and both 
 make an affirmative. 
 
 Negative. A denial ; a form or expression of denial ; a proposition by 
 which something is denied. Negative pregnant: a negative imply- 
 ing a possible affirmative. Negative statute: a statute expressed in 
 negative terms ; a statute prohibiting a thing. 
 
4:78 NEGLIGENCE — NEMINEM. 
 
 Negligence. Tlie omission of care or diligence ; the omission of that, de- 
 gree of care which a man of common prudence takes in his own 
 concerns. Negligence is distinguished, though the distinction is ob- 
 jected to, as of three degrees, slight, ordinary and gross. In what- 
 ever degree, it is but a want of the care and diligence due in the 
 circumstances, v. Care. Coniparatiye negligence: negligence on 
 the part of a plaintiff which is to be regarded as slight, in comparison 
 with negligence of the other party, which in the comparisbn is gross, 
 which, though in a degree contributory, will not prevent a recovery, 
 if it does not amount to a want of ordinary care. Contributory 
 negligence: the absence of reasonable or ordinary care and caution 
 on the part of a person injured by negligence of another. Criminal 
 negligence: acts of gross negligence made punishable as criminal 
 offenses, as acts by common carriers of passengers and their servants. 
 
 Negligentia, I In the civil law. Negligence, want or omission of care 
 or attention ; inattention. Negligentia semper habet infortunium 
 comitem: a negligence always has misfortune for a companion. 
 
 Negligent escape. An escape from an officer's custody without his 
 consent 
 
 Negotiability. Transferable quality ; that quality of bills of exchange 
 and promissory notes which renders them transferable from one 
 person to another. 
 
 Negotiable. Transferable or assignable; transferable by indorsement 
 A term applied to bills of exchange, promissory notes, and checks. 
 Negotiable instrument: an instrument the right of action on 
 which is assignable or transferable. Negotiable words: words 
 necessary to render a bill of exchange, promissory note or check 
 negotiable. The usual word in a bill or note is " order,'" and in a 
 check "bearer." 
 
 Negotiate. To pass from one to another in the way of business. 
 
 Negotiorum gestio, I. In the civil law. A doing of business or busi- 
 nesses ; a species of voluntary agency, or an interference by one in 
 the afifairs of another, in his absence, from benevolence or friend- 
 ship, and without authority. Negotiortim gestor: a manager of 
 business ; one who assumed the care of the affairs ef another in his 
 absence, without authority or mandate. 
 
 Negotium, I. A thing; a matter, business or affair; any thing that may 
 occupy a person. 
 In the civil law. A suit ; a contract ; matters or affairs. 
 
 Neife, neif, I. fr. In old English law. A female villein ; . a woman bom 
 in villeinage. Neife de eu et trene: a neife of water, and whip of 
 three cords ; such a bondwoman as was used to servile works and 
 correction. 
 
 Neifty. In old English law. The condition of a neife. 
 
 Nembda, teut In Swedish and Oothic laio. A jury. 
 
 Neminem oportet esse sapientioreri legibns, Z. No man ought to be 
 wiser than the laws. 
 
NEMO. 479 
 
 N6mo, I No ona Nemo adralttendus est inhabilitare seipsum: no 
 
 man is to be admitted to incapacitate himself ; no man shall be re- 
 ceived to avoid hie deed, by alleging that he was non compos mentis 
 at the making of it. Nemo agit in seipsum: no man acts against 
 himself ; a man cannot be a judge and a party in his own cause. 
 Nemo allegrans snam turpitudinera est andiendus: no one alleging 
 his own baseness or infamy is to be heard (as a witness) ; no person 
 is allowed to give evidence of his own baseness or wickedness. 
 Nemo bis punitur pro eodem delicto: no man is punished twice 
 for the same offense. Nemo cogitiir rem suam vendere, etiam 
 jnsto pretio: no man is compelled to sell his own property, even for 
 a just prica Nemo contra factum sunm venire potest: no man 
 can contravene or contradict his own deed. Nemo dare potest 
 quod non Jbabet: no man can give that which he has not Nemo 
 dat qui non liabet: no man gives who does not have. Nemo debet: 
 no man ought; — bis puniri pro uno delicto: no man ought to be 
 punished twice for one offense; — bis vexari [si constet curiae 
 qnod sit] pro una et eadem causa: no man ought to be twice 
 troubled or harassed [if it appear to the court that it is] for one and 
 the same cause ; — [potest] esse judex in propria causa: no man 
 ought to [can] be a judge in his own cause ; — immiscere se rei ad 
 se nihil pertinenti: no one should intermeddle with a thing that in 
 no respect concerns him ; — locupletari aliena jactura: no one ought 
 to be enriched by another's loss ; — locupletari ex alterius incom- 
 modo: no one ought to be enriched by the inconvenience of another. 
 V. Jure naturce, etc. ; — rem suam sine facto aut defectu suo amit- 
 tere: no man ought to lose his property without his own act or de- 
 fault Nemo duobus utatur offlciis: no man should enjoy two oiHces 
 (at the same time). Nemo fjusdem tenementi simnl potest esse 
 hieres et dominus: no man can be at the same time owner and heir of 
 the same tenement Nemo est litres vi ventis: no one is the heir of a 
 living person. Nemo ex alterius detrimento fieri debet locupletior: 
 no one ought to be enriched by the injury of another. Nemo ex al- 
 terius facto praegravari debet: no man ought to be burdened in con- 
 sequence of another's act Nemo ex consilio obligatur: no man is 
 bound in consequence of his advice. Nemo ex proprio dolo con- 
 sequitar actionem: no man acquires a right of action from his 
 own wrong. Nemo inauditus condemnari debet si non sit con- 
 tumax: no man ought to be condemned without being heard, un- 
 less he be contumacious. Nemo in propria causa testis esse debet: 
 no one ought to be a witness in his own cause. Nemo patriam in 
 qua natns est exuere, nee ligeantiaj debitum ejurare possit: no 
 man can renounce the country in which he was born, nor abjure 
 the obligation of his allegiance. Nemo plus juris ad [in] alium 
 transferre potest quam ipse liabet [liaberet]: no one can transfer 
 more right to another than he has himself. Nemo potest: no man 
 
480 NEMO. 
 
 can; -^ contra recordum Teriflcare per patriam: no one can 
 
 verify by the country, against a record ; the issue upon matter of 
 record cannot be to the country, — a maxim of old practice ; — esse 
 dominns et iiseres: no man can be both owner and heir. v. Nemo 
 ejusdem, etc. ; — exuere patriam: no one can renounce liis native 
 country ; — facere per allum qaod per se non potest: no one can 
 do that by another which he cannot do of himself, — a rule said 
 to hold in original grants, but not in descents ; — facere per obli- 
 ^uuin quod non potest facere per directum: no man can do that 
 indirectly which he cannot do directly ; — mntare consilium suum 
 in alterius injuriam: no man can change his purpose to another's 
 injury. Nemo prsesumitur: no man is presumed; — alienam 
 posteritatem suae praetulisse: no man is presumed to have preferred 
 another's posterity to his own ; — esse immemor suae seteruse salutis, 
 et maxime in articulo mortis: no man is presumed to be unmindful 
 •of his eternal welfare, and especially when at the point of death. 
 Nemo prohibetur: no one is prohibited ; — plnres negotiationes 
 sive artes exercere: no one is prbhibited from following several 
 kinds of business or several arts ; — pluribus defensionibus uti: 
 no one is prohibited from making use of several defenses, — hence 
 the allowance of several pleas on the part of a defendant Nemo 
 prudens punlt ut praeterita revocontur, sed ut f utura prsBTenian- 
 tur: no wise man punishes in order that past things may be re- 
 called, but that future wrongs may be prevented. Nemo punitur: 
 ' mo man is punished ; — pro alieno delicto: no man is punished for 
 the crime of another ; — sine injuria, facto sen defalta: no one is 
 punished unless for some wrong, act or default. Nemo tenetur: no 
 man is bound ; — ad impossibile: no man is bound to do an impos- 
 sibility; — armjire adversarium sunm contra se: no man is bound 
 to arm his adversary against himself (as to furnish him with an 
 instrument to enable him to state his cause of action) ; — divinare: 
 no man is bound to divine, or to have foreknowledge of a future 
 ■event; — informare qui nescit,sed quisqnis scire quod informat: 
 no one is bound to give information on a subject of which he is 
 ignorant, but every one is bound to know that which he gives in- 
 formation about ; — jurare in suam turpitudinem: no man is 
 bound to swear to the fact of his own criminality ; no one can be 
 forced to give his own oath in evidence of his guilt ; — prodere 
 seipsum: no man is bound to betray himself ; — seipsum accusare: 
 no one is bound to accuse himself ; — seipsum infortuniis et peri- 
 culis exponere: no one is bound to expose himself to misfortunes 
 and dangers; hence a threat of bodily harm will excuse the per- 
 formance of an act in law. 
 In old English law. Nemo militans Deo implicetnr secularibus ne- 
 gotiis: no man who is warring for [in the service of] God should be 
 involved in secular matters, — a principle of the old law, that men 
 
NEMO — NKXI. 481 
 
 of religion were not bound to go in person with the king to war. 
 Nemo potest esse tenens et dominus: no man can be both tenant 
 and lord (of the same tenement). 
 In the civil law. Neino alieno nomine lege agere potest: no man 
 can sue in another's name. Nemo de domo sua extrahi debet: no 
 man ought to be dragged from his own house. Nemo ex suo delicto 
 meliorem suam conditionem facere potest: no man can improve 
 his own condition by his own wrong. Nemo plus commodl lieredi 
 suo relinquit quam ipse liabuit: no one leaves a greater benefit to 
 his heir than he had himself. Nemo proliibetur pluribus excepti- 
 onibus uti, quamvls diversae sint: no one is prohibited from mak- 
 ing use of several defenses, however different. Nemo videtur fraud- 
 are eos qui sciunt et consentiunt: no one seems [is supposed] to 
 defraud those who know and assent [to his acts]. 
 In the Roman law. Nemo aliena) rei, sine satisdatione, defensor 
 idoneus intelligitur: no man is considered a competent defender 
 of another's property without security. Nemo tenetur edere in- 
 strumenta contra se: no man is bound to produce writings against 
 himself. The rule is adhered to in criminal prosecutions, but de- 
 parted from in civil questions. 
 
 Nemy, nemi, I. fr. Not Nemy come lieire: not as heir. 
 
 Neporquant, I. fr. Nevertheleas. 
 
 Net. That quantity or amount of a commodity or thing which remains 
 after the deduction of all tare, charges or outlay. 
 
 Neutral. On neither side; taking neither side; belonging to neither 
 side ; indifferent between contending parties. 
 
 Neutrality. A state of being neutral. 
 
 Nerer indebted, plea of. The common traverse or general issue in ac-^ 
 tions of debt on simple contract, substituted for the plea of nil debet. 
 
 Neveu, I fr. In old English law. A grandson. Undoubtedly the orig- 
 inal form of the modern nephew, though the latter word is now 
 exclusively used to denote a brother's or sister's son. 
 
 New assignment. A restatement of the cause of action alleged in the 
 declaration, in order precisely to meet the plea which is evasive, or 
 applies to a matter different from that which the plaintiff bad in 
 view. New for old: a term in the law of marine insurance applied 
 to a deduction for old materials made in the adjustment of a 
 loss. New trial: a rehearing of a case, after verdict, before another 
 jury, granted on motion of a dissatisfied party, for misconduct of 
 the jury, irregularity, etc.~ 
 
 Newspaper. A paper or publication conveying news or intelligence ; a 
 printed publication, issued in numbers at stated intervals, conveying 
 intelligence of passing events, and intended for general circulation. 
 
 Nexi, I. In the Soman law. Bound ; bound persons. A term applied to 
 such insolvent debtors as were delivered up to their creditors to be 
 held in bondage until their debts were discharged. 
 81 
 
482 NEXT — NIHIL. 
 
 Next. Nearest Next friend: a person, usually a near relative, by 
 whom an infant sues at law or in equity. Next of kin: nearest of 
 blood. A term commonly applied, in the law of descent, to the near- 
 est blood relatives of a deceased person. 
 
 Niefe, nief, I. fr. v. Neife. 
 
 Nient, ?. fr. In old English law. Not ; nothing. Nient comprise: not 
 included. Nient contristeant, nient obstant: notwithstanding. 
 Nient culpable: not guilty ; the name for the general issue. Nient 
 dedire: to deny nothing ; to suffer judgment by default The name 
 given to that clause in a suggestion in which it is stated that the 
 fact suggested is not denied. Nient le fait: not the deed ; the name 
 formerly given to the general issue of non est factum. Nient le 
 meins: nevertheless. Nient nostre fait: not our deed. Nient selsi: 
 not seised ; the general plea in the writ of annuity. Nient son fait: 
 not his deed. 
 
 Night. In a general sense, that portion of the twenty-four hours which 
 with the solar day makes up what is called, in the most general 
 sense, a day ; in the common law of burglary, that portion of the 
 time during which it is so dark from the absence of daylight that 
 the features of a face cannot be made out Night-wallter: a person 
 who is abroad during the night and of suspicious bearing and ap- 
 pearance. 
 
 Niliil, nichil, nil, I. Nothing ; the general name of several diffei-ent 
 returns upon process, v. Nil. Nihil dictum quod non dictum 
 prius: nothing is said which was not said before, — said of a case 
 where former arguments were repeated. Nihil est niagis rationi 
 consentaneum qnam eodem modo qnodqae dissolvere quo eon- 
 flatum est: nothing is more consonant to reason than that a thing 
 should be dissolved or discharged in the same way in which it was 
 created. Nihil est tam naturale quam quidlibet dissolvi eo modo 
 quo ligatur: nothing is so natural as that a thing should be dis- 
 solved in the same way in which it was created. Nihil Iiabet: 
 he has nothing ; the name of a return to a scire facias or other writ 
 which the sheriff has been unable to serve. Nihil in lege intoler- 
 abiliug est [quam] eaudem rem diverse jure censeri: nothing is 
 more intolerable in law than that the same matter, thing or case 
 should be subject to different views of law. Nihil magis justum 
 est quam quod necessp.rium est: nothing is more just than- that 
 which is necessary. Nihil nequam est prsesnmendum: nothing 
 wicked is to be presumed. Nihil perfectnm est d nm aliqnid restat 
 agendum: nothing is perfect while any thing remains to be done. 
 Nihil possumus contra verltatem: we can do nothing against truth. 
 Nihil quod est contra rationem est licitum: nothing that is against 
 reason is lawful. Nihil quod est inconveniens est licitum: noth- 
 ing that is inconvenient is lawful. Nihil tarn proprium imperio 
 quam leglbus vivere: nothing is so becoming to authority as to 
 live in accordance with the laws. 
 
NIHIL -NISL 483 
 
 In Amei'ican law. A return to an attachment in garnishee process. 
 In the civil law. Nihil consensu! tam contrarium est qnam vis 
 atqne metns: nothing is so contrary to consent as force and fear. 
 Nihil facit error nominis, cum de corpore constat: an error of 
 name worlis no prejudice, "(vhere it is clear as to the body [or sub- 
 ject-matter intended]. This maxim has been adopted in the com- 
 mon law, corpus being commonly taken in the sense of corporate 
 body. Nihil peti potest aute id tempus quo per rerum naturam 
 persolvi possit: nothing can be demanded before the time when, 
 by the nature of things, it can be paid. Niliil tam conveniens est 
 uatnrali fequitati, qaam Toluntatem domiui volentis rem suam 
 in alium transferre, ratam haberi: nothing is so agreeable to nat- 
 ural equity as that the will or intention of an owner desiring to 
 transfer his property to another should be ratified or confirmed. 
 Nihil tam naturale est, quam eo geiiere quidque dissolvere quo 
 collig^atum est: nothing is so natural as to dissolve a thing by the 
 same kind of means by which it was bound together. 
 
 Nilj contr. of nihil, I. Nothing. Nil capiat, or quod nil capiat per 
 breve: that he take nothing by his writ: a name given to the judg- 
 ment for the defendant in an action where the issue has arisen on a 
 pleading in bar. Nil debet: he owes nothing ; the name of the 
 general issiie in an action of debt on simple contract Nil dicit: 
 says nothing ; a name given to the judgment on default that the 
 defendant plead. Nil sine prudenti fecit ratioue vetustas: an- 
 tiquity did nothing without a good reason. Nil temere novaudum: 
 nothing should be raslily changed. 
 In old English law. Nil iiabuit in tenementis: he had nothing in' 
 the tenements ; a plea in an action of debt on a leasa 
 
 Nimia subtilitas in jure reprobatur et talis certitudo certitudinem 
 contnndit, I. Excessive subtlety is disapproved of in law, and 
 such nicety confuses certainty. 
 
 Nimis, I. Too much ; too. 
 
 Nisi, 2. Unless; if not. Nisi prius: unless before, unless sooner, — a 
 term of great antiquity applied to trials of fact by jury and before 
 a single judge, to the court of a judge on circuit, and to various 
 things that belong to that species of trial. Nisi prius clause: a 
 clause at first entered on the record in an action and introduced 
 afterward into the jury process, authorizing the trial of the cause 
 in the county designated. The clause originally was used in the 
 record of continuance, the parties having a day given them in the 
 court above unless before {nisi prius) that day the justices assigned 
 to try the cause should come into the county. Nisi prius court: 
 a court held for the trial of issues ot fact, before a jury and a single 
 judge. Nisi prius record: a record made up for the use of the 
 court on a trial at nisi prius, serving both as a warrant to try the 
 cause, and as a guide as to the nature of the issue. 
 
484 NISI — NOMKN. 
 
 In English law. Nisi feceris: shouldst thou not do it ; Jhe name of 
 a clause in old manorial writs commanding the king's court or 
 officer to do justice, if the lords failed,^ a clause by virtue of 
 which the king's court usurped the jurisdiction of the manorial 
 courts. Nisi prius court, or court of assize and nisi prius: a 
 court composed of two or more commissioners called judges of 
 assize, or assize and nisi prius, who are sent periodically in every 
 year on circuits about the kingdom to try by a jury of the several 
 counties the truth of matters of fact in dispute in the courts of 
 Westminster Hall. Nisi prius writ: the old name of the writ of 
 venire, which originally, in pursuance of the statute of Westm. 2, 
 contained the nisi prius clause. 
 In the Roman law. Nisi convenlssent in mannm viri: unless they 
 should come into the power of a husband ; unless they should marry. 
 A phrase applied to women subject to perpetual guardianship until 
 married. 
 
 Nobile olUcium, I. In Scots law. Noble office or privilege. 
 
 Nocent. Guilty. 
 
 Nocere, I. To hurt or damage ; to offend or annoy. 
 
 Nociviis, I. In old English law. Hurtful ; pernicious ; noxious. 
 
 Noctes de flrma, I. I. In English law. Nights of farm or rent ; enter- 
 • tainments at night by way of rent 
 
 Nocumentum, I. In old English law. A nuisance. Nocumentnm 
 damnosnm: a nuisance occasioning loss or damaga Nocumentnm 
 injnriosum: an injurious nuisance. 
 
 Nolens volens, I. Willing or not 
 
 Nolle, I. To be unwilling ; to will not to do a thing ; to refuse to do a 
 thing. Nolle prosequi, ab. nol. pros.: will not prosecute ; the name 
 of an entry made by a plaintiff, where he wishes to discontinue the 
 action, either wholly, or as to some of the counts of his declaration, 
 or as to some of several defendants ; a proceeding on an indictment 
 by which the prosecuting officer agrees to prosecute no farther, 
 either as to the whole or as to some particular part of the indict- 
 ment 
 
 Nolo contendere, I. I do not wish to contend ; the name of a plea in a 
 criminal case. 
 
 Nomen, pi. nomina, I A name. Nomen collectivum: a collective 
 name or term ; a term expressive of a class, of the plural as well 
 as the singular number ; a term descriptive of person or interest, or 
 both. Nomen dicitnr a noscendo, quia uotitiam facit: nomen (a 
 name) is so called from noscendo (knowing), because it causes knowl- 
 edge. Nomen est quasi reinotamen: nomen (a name) is, as it were, 
 notamen rei (the mark of a thing). Nomen generate: a general 
 name ; the name of a genus. Nomen generalissimum: a name of 
 the most general kind ; a name or term of the most general mean- 
 ing. Nomen juris: a name of law ; a legal name or designation ; a 
 
NOMEN — NOMINE. 485 
 
 technicfil term. Noinen non snfllcit, si res non sit de jure ant de 
 facto: a name is not sufficient, if there be not a thing [or subject for 
 it] de jure or de facto. Nomen nniversitatis: the name [of the 
 ■whole together], the entire tiling, from all ijoints of view. Nomina 
 mntabilia snnt, res antein immobiles: names are mutable, but 
 things are immovable [immutable]. Nomina si nescis perit cognitio 
 reram et nomina, si perdas certe distinetlo rerum perditnr: if 
 you are ignorant of names [without a knowledge of names], the 
 knowledge of things perishes ; and if you lose the names, the dis- 
 tinction of things IS certainly lost 
 In old English law. A name; the name; the given or baptismal 
 name of a person. Nomina Tillarnm: names of the villages ; the 
 name of a, return made by the sheriffs into the exchequer, in the 
 reign of Edward TI., of the names of all the villages and their pos- 
 sessors in every county. 
 In the Roman law. A name ; in the most general sense, the three 
 names of prcenomen, nomen and cognomen; in a strict sense, the 
 second of the three names which the Romans commonly had, fol- 
 lowing the prcenomen, and marking the gens to which the individual 
 belonged ; a debtor ; the obligation of a debtor ; a debt ; the cause of 
 a debt ; an article of an account. Nomina signiflcandorum homi- 
 nnm reperta sunt, qui si alio qnolibet modo intelligautur, nihil 
 interest: names were invented for the purpose of designating per- 
 sons, who, if they can be known in any other way, it makes no dif- 
 ference. 
 
 Nominal. Existing in name merely ; apparent, not real or substantial. 
 Nominal damages: a trivial sum awarded where there is no sub- 
 stantial loss, but a mere technical breach of duty or violation of 
 right Nominal partner: one who appears, or is held out to the 
 world as a partner, but who has no real interest in the firm or busi- 
 ness. 
 
 Nominandi et appnnctnandi,/. Of nominating and appointing. 
 
 Nominare, I. To name; to nominate; to appoint 
 
 Nominate contracts. In the civil law. Contracts having a proper or 
 peculiar name and form, which were divided into four kinds, 
 expressive of the ways in which they were formed : real, which 
 arose, ex re, from something done ; verbal, ex verbis, from something 
 said ; literal, ex Uteris, from something written ; consensual, ex con- 
 sensu, from something agreed to. 
 
 Nominatim, I In the civil law. By name, or other special designa- 
 tion ; expressly ; each in turn. 
 
 Nomine, I. In the name. Nomine damni: in the name of damage or 
 by way of damages. Nomine p«ena): in tlie name of a penalty; a 
 covenant in a lease that the lessee forfeit a certain sum for non-per- 
 formance. 
 
486 NOMINE — NON. 
 
 In the civil law. Nomine poense: in the Dame of a penalty. Applied 
 to a legacy left for the pui'pose of coercing the heir to do or not to 
 do something. 
 
 Nomotheta, gr.-l. A lawgiver ; such as Solon and Lycurgus among the 
 Greeks, and Caesar, Pompey and Sylla among the Romans. 
 
 Non, /. Not; the common particle of negation, whether taken as a 
 prefix or as a single word. Non acceptavit: he did not accept. Non 
 accipi debent verba in demonstrationem falsaiu, qui» competunt 
 in limitationem veram: words ought not to be taken to import a 
 false demonstration which may have effect by way of true limita- 
 tion. Non accrevit: it did not accrue ; — infra sex annos: it did 
 not accrue within six years ; a plea of the statute of limitations. 
 Non assumpsit, pi. assumpserunt: did not undertake ; the general 
 issue in the action of assumpsit ; — infra sex annos: he did not 
 undertake within six years ; the plea of the statute of limitations 
 in the action of assumpsit. Non auditur perire volens: he who is 
 desirous to perish is not heard. Non cepit: he did not take ; the 
 general issue in replevin, where the action is for the wrongful taking 
 of the property, — putting in issue not only the taking, but the place 
 in which the taking is stated .to have been made. Non compos 
 mentis: not in possession, or not having power of one's mind, or 
 mental faculties ; of unsound mind or memory. Non concessit: he 
 did not grant; the name of a plea pleaded by a sti'anger to a deed. 
 Non consentit qai errat: he who mistakes does not consent Non 
 constat: it does not appear; it is not apparent or clear ; — quid inde 
 venit: it does not appear what became of it. Non constabat: it did 
 not appear. Non cnlpabilis, non cnl.: not guilty ; the general issue 
 in the action of trespass. Non damniflcatus: not damnified or harmed ; 
 a plea in an action of debt on an indemnity bond, or bond condi- 
 tioned to keep the plaintiff harmless. Non debet adduci exceptio ejus 
 rei cujus petitur dissolutio: a plea of the same matter, the dissolu- 
 tion of which is sought [by the action], ought not to be brought 
 forward. Non dedit: v. iVe dona ^as. Non decipitur qui scit se de- 
 cipi: he is not deceived who knows himself to be deceived. Non de- 
 misit, or dimisit: he did not demise ; the name of a plea in an action of 
 debt for rent on a parol lease, denying the demise. Non detinet: 
 he does not detain ; the name of the general issue in the action of 
 detinue ; the general issue in the action of replevin, where the ac-"* 
 tion is for the wrongful detention only. Non dilferuut qnaj con- 
 cordant re, tametsi non in verbis iisdem: those things do not differ 
 which agree in substance, though not in the same words. Non ef- 
 flcit affectus nisi sequatnr effectus: the intention amounts to 
 nothing unless the effect follow. Non entia: things not existent 
 Non est arctins vinculum inter homines quam jusjurandum: 
 there is no closer [or firmer] bond between men than an oath. Non 
 
NON. ' 487 
 
 es*. disputandnm contra principia negantem: there is no arguing 
 with one who denies principles. Non est factum: is not his deed ; 
 the name of the general issue in debt on bond. Non est inventus: 
 is not found ; the name of the return made by a sheriff to a writ of 
 capias; — in baljiva mea: not found in my bailiwick ; — in bal- 
 liva sua: not found in his bailiwick. Non facias malum, ut inde 
 flat bonum: you are not to do evil that good may be or result there- 
 from. Non fecit: he did not make it ; a plea to an action on a prom- 
 issory note, etc. Non liabuit ingressum nisi per, etc. : he had no entry 
 except through, etc. Non impedit clausula derogatoria, quo 
 minus ab eadem potestate res dissolvantur a qnibus [qua] con- 
 Stituuntur: a derogatory clause [that is, a clause disabling a person 
 to do some future act] does not prevent things or acts from being 
 dissolved by the same power by which the}' were originally made or 
 done. Non impedirit: he did not hinder or disturb ; the general issue 
 in quare impedit Non in legendo sed in intelligendo leges consist- 
 unt: the laws consist not in being read, but in being understood. 
 Non infregit conventionem: he did not break the covenant ; the 
 name of a plea sometimes pleaded in the action of covenant, and in- 
 tended as a general issue, but a bad plea, as there is no general issue 
 in that action. Non interfui: I was not present. Non jus, sed 
 seisina facit stipitem: not right, but seisin makes a stock. Non 
 licet quod dispendio licet: that which may be [done only] at a 
 loss is not allowed [to be done]. Non memini: I do not remember. 
 Non observata forma, infertnr adnuUatio actus: where form is 
 not observed, an annulling of the act is inferred, or follows. Non 
 obstante veredicto: notwithstanding the verdict ; the name of a 
 judgment entered, by order of the court, for the plaintiff in an ac- 
 tion at law, notwithstanding a verdict for the defendant, always 
 upon the merits, and never but in a very clear case, as where it is 
 apparent from the plea that the defense is without merits. Non 
 omne damnum indncit injariam: it is not every loss that produces 
 an injury. Non potest: cannot; — adduci exceptio ejus [dem] rei 
 cujus petitur dissolutio: a plea of the same matter, the dissolution 
 of which is sought [by the action], cannot be brought forward ; 
 — probari quod probatum non relevat: that cannot be proved which 
 would not be relevant if proved ; — quis sine brevi agere: no one 
 can sue without a writ. Non prsestat impedimentum quod de jure 
 non sortitur effectum: a thing or act which has not its effect by law 
 [or no effect in law] -offers no impediment [or amounts to no bar]. 
 Non prosequitur, ab. nonpros.: he does not prosecute; the name of 
 an entry and judgment on the part of a defendant, where the plaint- 
 iff fails to declare in due time, by which the action is terminated 
 with costs. Non qnod dictum est, sed quod factum est inspicitur: 
 not what is said, but what is done, is regarded. Non rel'ert: it mat- 
 ters not; — an quis assensum suum prsebet verbis, an rebus ipsis 
 
488 NON. 
 
 et factis: it matters not whether one gives his assent by words, or 
 by things themselves and by acts; — quid ex SBqnipollentibns 
 flat: it matters not what is done with [what disposition is made of] 
 equipollent [or equivalent] expressions ; — quid notum sit jndici, 
 si notum non sit in forma jndicii: it matters not what is known to 
 a judge, if it be not known in judicial form ; — verbis an factis 
 fit reTOcatio: it matters not whether a revocation be made by words 
 or by acts. Non sanse mentis: of unsound mind. Non sequitur: 
 does not follow. Non solent qufe abundant Titiare scripturas: 
 superfluous matters do not usually vitiate writings. Non solum 
 quid licet, sed quid est couTeniens est considerandnm; quia 
 nihil quod est inconveuiens est llcitum: not only what is lawful, 
 but what is proper or convenient, is to be considered ; because noth- 
 ing that is inconvenient is lawful. Non snbmissit: he did not sub- 
 mit to arbitration ; a plea to an action on an award. Non sui juris: 
 not one's own master. Non sum informatns: I am not informed ; 
 a species of judgment by default, so called because founded on an 
 averment by the defendant's attorney that he has no instruction to 
 say any thing. Non tenuit: he did not hold ; the name of a plea in 
 bar, in replevin, to an avowry for arrears of rent, that the plaiutiS 
 did not hold in manner and form as the avowry alleges. Non valen- 
 tia agere: inability to sue. Non ralet exceptio ejnsdem rei cujns 
 petitur dissolutio: a plea of the same mr.tter the dissolution of 
 which is sought is not valid. Non Talet impedimentum quod de 
 jure non sortitur affectum: an impediment or bar which does not 
 derive its effect from law is of no force. Non videntur rem amit- 
 tere, quibus propria non fnit: they to whom a thing never be- 
 longed cannot be considered to lose [to have lost] it. Non Tidetur 
 consensum retinulsse, si quis ex prsescripto minantis aliqnid 
 immutavit: where a person [under duress] has made any change 
 from the terms of the party threatening him, he is not [for all that] 
 considered as having retained his consent [to such terms]. 
 
 In English law. Non omittas: omit you not ; a clause inserted in a 
 writ of capias and other process, in cases where a defendant resides 
 within a liberty, empowering the sherifiE to enter it. Non potest 
 rex gratiam facere cum injuria et damno aliorum: the'king can- 
 not'confer a benefit to the damage and wrong of others. 
 
 In old English law. Non distringendo: by not distraining ; an old 
 writ to prevent a distress. Non obstante: not withstanding, or, not- 
 withstanding ; words used in public and. private instruments, in- 
 tended to preclude, in advance, any interpretation contrary to certain 
 declared objects or purposes. Non nsus: non-user. 
 
 In the civil law. Not; not only; not so much. The common particle 
 of negation. Non aliter a signiflcatione verbornm recedi oportet, 
 qnam cum manlfestum est aliud sensisse testatorem: the ordinary 
 meaning of words should not be departed from in any other case 
 
NON. 489 
 
 tban ^vhere it is clear that the testator intended something different. 
 Non debet: ought not; — actori licero quod reo non perinittitur: 
 a plaintiff ought not to be allowed what is not permitted to a de- 
 fendant ; — [deberet] alii nocere, quod inter alios actum est 
 [esset]: a person ought not to be prejudiced by what has been done 
 between others; — cui plus licet, quod miuus est non licere: 
 he to whom the greater is lawful ought not to be debarred from 
 the less as unlawful. Non erit alia lex Romas, alia Atliajiiis; 
 alia nunc, alia postliac; sed et omnes Rentes, et omni tem- 
 pore, una lex, et sempiterna, et immortalis continebit: there 
 will not be one law at Rome, another at Athens ; one law now, 
 another hereafter; but one eternal and immortal law shall bind 
 together all nations throughout all time. Non est novum ut 
 priores leges ad posteriores trahantur: it is not a new doc- 
 trine that prior laws shall give place to later ones. Non est 
 singulis concedendnm quod per magistratum publice possit 
 fieri, ne occasio sit majoris tumultus faciendi: that is not to 
 be allowed to individuals which can be publicly done by a magis- 
 trate, lest it be the occasion of making greater confusion. Non ex 
 opinionibns singulorum, sed ex communi usa, uomina exaudiri 
 debent: the names of things ought to be understood, not according 
 to the opinions of individuals but according to common usage. 
 Non liquet: it is not clear; where a. Judex was at a loss how to de- 
 cide a cause, he made oath that he was not clear (se non liguere), 
 and was thereupon discharged ; so, in criminal trials, such of the 
 judices as were undecided deposited in the urn a ballot or tablet 
 marked with the letters N. L. {non liquet). Non omne quod licet 
 honestum est: not every thing that is lawful is proper or becoming. 
 Non omnium qu% a majoribus uostris constituta sunt ratio reddi 
 potest: there cannot be given a reason for all the things which have 
 been established by our ancestors. Non possessori incumbit neces- 
 sitas proband! eas [possessiones] ad se pertinere: the burden does' 
 not lie on a possessor of proving that his possessions belong to him. 
 Non potest videri desiisse habere, qui nunquam habuit: he can- 
 not be considered as having ceased to have a thing who never had 
 it Non Solent quae abundant vitiate scriptnras: superfluities 
 [things which abound] do not usually vitiate writings. Non verbis, 
 sed ipsis rebus, leges imponimus: we impose laws, not upon words, 
 but upon things themselves. Non videntur qui errant consentire: 
 they who mistake are not supposed to consent Non videtur per- 
 fecte cujusque id esse, qnod ex casu auferri potest: that does not 
 seem to be completely one's own which can be taken from him on 
 occasion. Non videtur vim facere, qui jure suo utitur et ordi- 
 naria actione experitur: he is not considered to use force who ex- 
 ercises his own right and proceeds by ordinary action. 
 Non sane memorie, l.fr. Unsound memory; unsound mind. 
 
490 NON ABILITY — NOSCITUR. 
 
 Nonabilitj. Wanf of ability to do an act in law, as to sue ; a plea 
 founded upon such cause. 
 
 Nonaccess. Non-existence of sexual intercourse. 
 
 Nonage. Want of age ; infancy ; minority. 
 
 Nonbailable. Not admitting of bail ; not requiring ball. 
 
 Nonclaiui. In old English law. The omission or neglect of one who 
 ought to challenge his right within a time limited, by which neglect 
 he was barred of his right or of his entry. 
 
 Nones. In the Roman calendar, the fifth day of the month, except in 
 March, May, July and October, when they fell on the seventh. 
 
 Nonfeasance. A not doing ; an omission to do something that ought to 
 be done. 
 
 Nonjuror. One who has not sworn ; one who has not taken, or has re- 
 fused to take, a prescribed oath, as an oath of allegiance. 
 
 Nonjoinder. Omission to join one or more persons as parties plaintiff 
 or defendant 
 
 Nonplevin, l.fr. and eng. In old English law. A neglect or default 
 in a defendant to replevy in due time land taken into the king's 
 hand, by reason of default. 
 
 Nonresidence. Want of residence ; cessation of residence ; neglect or , 
 failure of residenca v. Residence. 
 
 Nonresident. One who does not reside, or is not a resident ; one who 
 resides out of a particular place or jurisdiction, v. Resident. 
 
 Nonsuer, I. fr. In old English law. To nonsuit. Nonsuy: nonsuited. 
 
 Nontenure. A plea by a tenant in a real action, where he is not in fact 
 the tenant of the freehold, denying that he was tenant of the free- 
 hold of the land or rent demanded, etc. 
 
 Nonterm. The time of vacation between term and term. 
 
 Nonnser. Neglect to use a franchise; neglect to exercise an office; 
 neglect or omission to use an easement or other right 
 
 Nonsuit. A failure to follow up a cause ; a relinquishment of a cause 
 by the plaintiff at the trial, either voluntary or by the order of the 
 court ; an order at the trial, compelling the plaintiff to abandon the 
 further prosecution of the action. A nonsuit is voluntary where 
 the plaintiff, discovering some error or defect which cannot be rem- 
 edied, or finding that his evidence is not sufScient to maintain his 
 case, absents himself, or fails to answer when called to hear the 
 verdict It is compulsory where it is ordered by the court on the 
 ground of the insuflSciency of the cause of action, or of the evidence, 
 or the like. 
 
 Nonsnit, nonsuyt, nonsute, I. fr. In old English law. A not following ; 
 a neglect to follow ; an omission to follow up or prosecute an action. 
 
 Nosaunce, noysaunce, l.fr. A nuisance; an act done by one to the in- 
 jury of another's freehold. 
 
 Noscitur a sociis, I. It is known from its associates ; the meaning of a 
 word is or may be known from the accompanying words. 
 
NOSME — NOTICE. 491 
 
 Nosme, I. fr. In old English law. Name ; a name. Nosines noinables: 
 names that should be named : necessary names. 
 
 Nostrum, I. Om-s ; our own. v. Id quod, etc. 
 
 Not found. The indorsement made by a grand jury on a bill of indict- 
 ment when they find it not sustained by the evidence, and are not 
 satisfied of the truth of the accusation. Not guilty: the general 
 Issue in the action of trespass ; the general issue or plea pleaded to 
 an indictment ; the form of the verdict in criminal cases, where the 
 jury acquit. Not possessed: a special traverse in trover denying 
 that the plaintiff was possessed when the action was brought. 
 
 Nota, I In old English law. A note or memorandum of a charter or 
 deed, drawn up preparatory to the execution of the charter itself ; a 
 promissory note. 
 In the civil law. A mark or brand put upon a person by the law. 
 
 Notare infamia, I. In the civil law. To mark or brand with infamy, or 
 disgi'ace. 
 
 Notarial. Belonging to a notary ; made or done by a notary. 
 
 Notarius, I. In old English law. A scribe who made short draughts of 
 writings and other instruments ; a notary. 
 In the Roman law. A. person who wrote in short hand what was 
 dictated by another ; an oflScer who attended on a magistrate, and 
 took down, in short hand, what was said or done. 
 In feudal law. An ofiicer who drew up co|iveyances and other instru- 
 ments. 
 
 Notary. A public ofBcer by or before whom various acts, chiefiy in 
 mercantile matters, are required to be done, such as the protest of 
 negotiable paper, marine protests in cases of loss, and the acknowl- 
 edgment of certain instruments, and who certifies the same in writ- 
 ing, under his official seal. 
 
 Note. A written promise by one person to another for the payment of 
 money absolutely, and at all events ; a memorandum ; an informal 
 writing made as a memorial of a thing or act v. Promissory 7iote. 
 Note of protest: a memorandum of a protest made by a notary, pre- 
 liminary to extending or drawing up the protest in form. Note or 
 meinorandam: in the statute of frauds, imports an informal writing 
 made on the spot. 
 In old English law. Note of a flue: one of the parts of a fine of lands, 
 being an abstract of the writ of covenant, and the concord, naming 
 the parties, the parcels of land and the agreement. 
 
 Notice, Notitia, /. Knowledge, actual, called actual notice, or implied, 
 called implied notice, which latter arises when such an act is done, or 
 such a state of facts exists, as would put a reasonable man upon in- 
 quiry, or where some legal form, such as recording, posting or pub- 
 lishing, is complied with ; a written or printed notification, dated, 
 addressed, and signed by the party or his attorney, posted, published 
 or personally served, v. Judicial notice. 
 
492 NOTIO — NOXA. 
 
 Notio, I. In the civil law. The power of hearing and trying a matter 
 of fact; the power or authority of a. judex. 
 
 Notitia, I. In the civil law. Knowledge ; information ; intelligence. 
 
 Notour, sc. In Scots law. Open ; public ; notorious. 
 
 Nous Tolomns aviser, I. Jr. We will advise. 
 
 Nova, I. New. Nova constitutio futuris formam imponere debet, 
 non prxteritis: anew statute or enactment ought to px-escribe form 
 V to future acts, not to those that are past Nova statnta: new or 
 later statutes ; a name given to the English statutes from" the be- 
 ginning of the reign of Edward III. Novae narrationes: new 
 counts or tales ; in old English, new talys; a collection of forms of 
 pleading, published in the reign of Edward III. 
 
 Novatio, I. In the civil law. A making new ; a change of a former 
 debt or obligation into another of the same or a different kind, either 
 by a change of the persons, or by a change in the obligation ; nova- 
 tion. Novatio non praesumitur: novation is not presumed. 
 
 Novation. A change of one debt or obligation into another ; a substi- 
 tution of a new debt or obligation for an old one. 
 
 Novel, I. fr. New ; recent. Novel assignment: a new assignment 
 Novel disseisin: recent disseisin. 
 
 Novels. The New Constitutions (Novella or Novellce Qonstitutiones) 
 of Justinian and his successors, now a part of the Corpus Juris 
 Civilis. 
 
 Noverint universi, 1. 1. In old English law. .Know all men ; introduc- 
 tory words of conveyances from a very early period ; — per prae- 
 sentes: know all men by these presents. 
 
 Novi operis nunciatio, I. In the civil law. A protest against, or pro- 
 hibition of, a new work. 
 
 Novigild. In Saxon law. A pecuniary satisfaction for an injury, nine 
 times the value of the thing for which it was paid. 
 
 No vis injuriis emersis, nova constituuntur remedia, 1. As new injuries 
 arise, new remedies are ordained. 
 
 Noviter ad notitiam perventa, I. I. Newly come to the knowledge. 
 
 Novitas, 1. Novelty ; newness. Novitas non tam utilitate prodest 
 quani novitate perturbat: a novelty does not benefit so muth by 
 its utility as it disturbs by its novelty. 
 
 Novodamns, I I. In old Scots law. We give anew ; the name of a char- 
 ter, or clause in a charter, granting a renewal of a right 
 
 Novum judicium non dat jus novum, sed declarat antiquum, I A 
 new judgment does not give or make new law, but declares the old. 
 
 Novum opus, I. In the civil law. A new work. 
 
 Noxa, I. In the civil law. A slave who had committed an offense, or 
 done any damage or injury ; the obligation to make good an injury 
 so committed; an offense; the punishment of an offense. Noxa est 
 ipsnm corpus quod nocuit, id est servus: noxa is the body or per- 
 son itself that has done the harm ; that is, the slave. 
 
NOXALIS — NULLA. 493 
 
 Noxalis actio, I. In the dvil law. An action which lay against the 
 master of a slave, for some offense committed, or damage or injury 
 done by the slave. 
 Noxia, I. In the civil law. An offense committed, or damage done by 
 
 a slave, or an animal. 
 Noxious. Hm-tful ; offensive to the smell. 
 
 Nada, I. Naked ; bare. Nada pactio obligationem non parit: a naked 
 promise does not create an obligation. Nnda ratio et nada pactio 
 non ligant aliquem debitorem: naked reason and naked promise 
 do not bind any debtor. 
 Nude pact. A contract without a consideration, v. Nudum pactum. 
 Nudum, 2. Naked; bare; simple; pure; having nothing about it; un- 
 clothed with circumstance. Nudum pactum: a contract without 
 consideration. 
 In the civil law. Nudum pactum: a naked, bare or mere pact, or 
 promise ; one that stands within the bare limits of convention and 
 pleasure ; one that has nothing about it, either special name or cause, 
 or contract, to cover it 
 Nuisance, nusance. Annoyance ; any thing that annoys, incommodes 
 or offends ; any thing that renders life or the ordinary use or occu- 
 pation of property uncomfortable. The former remedy, to some 
 extent in the United States as in England, was the old Assise of 
 Nuisance ; but the modem remedy is an action on the case. v. Com- 
 mon nuisance; Private nuisance. 
 In old English law. Nuisance, assise of: a judicial writ directed to 
 the sheriff of the county in which 'a nuisance existed, commanding 
 the sheriff to summon an assise, to view the premises, and have 
 them at the next commission of assises, that justice might be done, 
 etc. 
 Nul, Ifr. No; none. Nul agard, nul fait agard, nnl tiel agard: no 
 award, no award made, no such award ; the name of a plea denying 
 the award in an action on an arbiti'ation bond. Nul assets ultra: 
 no further assets. Nnl prendra advantage de son tort demesne: 
 no one shall take advantage of his own wrong. Nul tiel record: 
 DO such record ; the general plea in an action of debt on matter of 
 record, denying its existence ; the name of the replication to a plea 
 of matter of record ; the issue arising on such a plea or replication. 
 In old English, law. Nnl disseisin: no disseisin ; the general issue in 
 a real action. Nnl tort: no wrong ; a species of general issue in 
 a real action or assise. Nul wast fait: no waste done ; the general 
 issue in an action of wasta 
 Nulla bona, 1. I. No goods ; the technical name of the return to a wi'it 
 of fieri facias, where the party named in the writ has no property 
 subject to levy. Nulla curia quae recordum non habet, potest im- 
 ponere flnem, neqne aliquem mandare carceri: no court which 
 has not a record can impose a fine, or commit any one to prison. 
 
4:9i NULLA — NULLUS. 
 
 Nnlla impossibilia, ant inhonesta snnt praesnmenda; rera antem, 
 et honesta et possibilia: no things that are impossible or dishonor- 
 able are to be presumed ; but things that are true and honcarable 
 and possible. Nnlla injuria est quae in volentem flat: that is 
 no injury which is done to a willing party. Nulla pactione effici 
 potest nt dolus prsestetur: by no agreement can it be effected that 
 a fraud shall be practiced. 
 
 NuUe terre sans seigneur, fr. No land without a lord ; a maxim o( 
 feudal law. 
 
 Null! Tendemus, null! negabimns, aut differemns rectum, ant justi- 
 tiani, I. To no one will we sell, to no one will we deny or delay 
 right or justice ; a clause in Magna Charta of the reign of John. 
 
 Nullity. Want of legal efficacy; nothing; no proceeding; an act or 
 proceeding of no effect 
 
 Nullius Alius, I. A son of nobody; a bastard. Nullins hoiuinls ane- 
 toritas, apud nos Talere debet ut meliora nou sequereraur si 
 quis attulerit: the authority of no man ought to prevail with us, 
 so far as to prevent our following better [opinions] if any one 
 should present them. Nullius in bonis: among the property of no 
 person; not a subject of private property. 
 In old English law. Nullius juris: of no legal force. 
 
 Nullum arbitrium, /. t No award. NuUnra crimen majus est inobe- 
 dientia: no crime is greater than disobedience ; applied to the refusal 
 of an officer to return a writ Nullum exemplum est idem omui- 
 bus: no example is the same for all purposes ; no one precedent is 
 adapted to all cases ; a maxim in conveyancing. Nullum Iniqnnm 
 est praisnmendum in jure: nothing unjust is to be presumed in law. 
 Nullum iniquum in jure praesnmitur: nothing unjust is presumed 
 in law. Nullum simile est idem: no like thing is the same : simi- 
 larity is not identity. Nullum simile quatuor pedibus currit: no 
 simile runs upon four feet (or all fours, as it is otherwise expressed) ; 
 no simile holds in everything. Nullum tempns: no time ; — act: 
 the statute of 9 Geo. III., c. 16, so called ; — occnrrit regi: no time 
 bars (or runs against) the king, — qualified by statute in modern 
 times, and always subject to exceptions ; — oceurrit reipnblicas: no 
 time runs [time does not run] against the commonwealth or state. 
 
 NuUns, I. No ; no person ; null : void ; of no force. Nnllus commodum 
 capere potest de injuria sua propria: no man [shall] can take ad- 
 vantage of his own wrong. NuUus idonens testis in re sua Intel- 
 ligitur: no person is understood to be a competent witness in his 
 own cause, v. Nemo in propria, eta Nullns jus aliennm foris- 
 facere potest: no man can forfeit another's right Nullus liber 
 homo capiatur, vel imprisonetur, aut disseisietnr, aut ntlagetur, 
 aut aliquo modo destruatur; nee super eum ibimus, uec super 
 enm mittemus, nisi per legale judicium parinm snorum, vel per 
 legem terrse: no freeman shall be taken, or imprisoned, or dis- 
 
NULLUS — NXJNQUAM. 495 
 
 seised, or outlawed, or in any manner destroyed ; nor will we go 
 upon him, nor will we send upon him, unless by the lawful judg- 
 ment of his peers, or by the law of the land ; the most important 
 clause in the original Magna Charta of the reign of John. Nullns 
 liber homo capiatur, vel iinprisonetnr, ant disseisietur de [ali- 
 quo] libero tenemento sno, Tel libertatibus vel Uberis consne- 
 tudinibus snis, ant utla^etur, ant exuletnr, ant aliquo [alio] 
 mode destruatur, nisi per legale jndicinm parinni snorum, vel 
 per legem terrse: no freeman shall be taken or imprisoned, or dis- 
 seised of [any] his freehold, or his liberties or free customs, or be 
 outlawed, or exiled, or in any [other] manner destroyed, unless by 
 the lawful judgment of his peers or by the law of the land ; the cor- 
 responding clause in the Magna Charta of the reign of Henry III., 
 incorporated in substance into the constitutions of most of the states 
 of the Union. Nnllns recedat e cnria cancellaria sine remedio: 
 , no person should depart from the court of chancery without a rem- 
 edy. Nnllns videtnr dolo facers, qui sue jnre ntitnr: no man is 
 considered a wrong-doer who avails himself of his own right 
 
 Nnllny, nnly, nnllni, I fr. None ; no one. 
 
 Numerata pecnnia, 1. In the civil laic. Money told or counted ; money 
 paid by tale. 
 
 Nnmerxis certns pro incerto ponitnr, I. A definite number is put for 
 an uncertain one. 
 
 Nunc pro tunc, I. I. Now for then ; a term applied to such acts as are 
 allowed to be done after the time when they should have been done, 
 with the same effect as if they had been done At the proper time. 
 
 Nnnciatio, nnntiatio, I In the civil laui. A solemn declaration, usu- 
 ally in prohibition of a thing ; a protest 
 
 Nuncnpare, I. In the civil law. To name ; to pronounce orally ; or in 
 words without writing. Nuncnpare haaredem: to name one's heir 
 viva voce, befoi-e witnesses. 
 
 Nnncupative will. A will orally made or declared before witnesses, 
 and afterwards reduced to writing ; a will not made in writing ; an 
 unwritten will. Such wills are in some places abolished and are no- 
 where regarded with favor. 
 
 Nnndinee, I. In civil and old English law. A fair ; fairs. 
 
 Nunqnam, I. Never. Nunquam decnrritnr ad extraordinarinm sed 
 nbi deficit ordinarinm: we are never to resort to what is extraor- 
 nary, but where [until] what is ordinary fails. Nunqnam fuit bal- 
 livns ejns, vel mercator, vel denariornm suorum receptor, vel 
 administrator: never was his bailiff or merchant, or receiver of his 
 moneys, or his administrator (manager). Nnnqnam prospere suc- 
 cednnt res hnmanaa, nbi neglignntnr divina;: human things [af- 
 fairs] never prosper where divine things are neglected. 
 In English law. Nnnqnam indebitatns: never indebted ; the name 
 of a plea substituted for nil debet, as the general issue in debt on 
 simple contract 
 
496 NUNQUAM — OBITER 
 
 In Scots taw. Nnnqnam preescribitnr in falso: there is never a [no] 
 
 prescription in case of falsehood, or forgery. 
 In the civil law. Nanquam crescit ex postfacto praeteriti delicti 
 sestimatio: the character of a past offense is never aggravated by a 
 subsequent act or matter. 
 
 Nantins, uuncius, I. In old English law. A messenger ; one who was 
 sent to make an excuse for a party summoned, or one who explained 
 as for a friend the reason of a party's absence ; an oflScer of a court ; 
 a summoner, apparitor or beadle. 
 
 Nuper, I In old English law. Late ; lately. Nnper de facto et non 
 de jure, reges Anglise: lately kings of England in fact, and not of 
 right Nuper obiit: lately died ; a writ for an heiress kept out of 
 possession by her coparcener. 
 
 Nuptia!, I. In the civil law. Marriage ; the marriage ceremony. 
 In the canon law. Nnptise secundae: a second marriage ; any mar- 
 riage after the first 
 
 Naptias non concubitas sed consensus facit, I. The consent, not the 
 consummation, makes the marriage. 
 
 Oath. A declaration or promise before some authorized oflBcer corrob- 
 orated by an appeal to God, and accompanied by some outward 
 manual act or foi*m, as touching or kissing the Gospels, or holding 
 up the right hand. Oath of olHce: an oath taken by an officer that 
 he will faithfully perform the duties of his office, v. Corporal oath. 
 In the civil law. Oath decisory: the oath of the opposite party to 
 which a party unable to prove his case offered to refer the decision of 
 tlie cause. Oath in litem: an oath by the complainant as to the 
 value of the thing in dispute, taken on failure of other proof, to pre- 
 vent a failure of justice. 
 
 Ob, I For ; about ; on account of. Ob causam aliqnam a re maritime 
 ortam: for some cause arising out of a maritime matter. Ob con- 
 tinentlam delicti: on account of the contaminating character of the 
 offense. Ob contingentiam: in case of contingency. Ob favorem 
 niercatornm: in favor of merchants. Ob tnrpem cansam: for an 
 immoral consideration. 
 
 Obaeratns, I In the Roman law. A debtor who was obliged to serve his 
 creditor till his debt was discharged. 
 
 Obedientia, l. I. Obedience ; submission ; a kind of rent Obedientia 
 est legis essentia: obedience is the essence of law. 
 In the canon law. An office, or the administration of an offica 
 
 Obit, I. In old English law. He dies ; a funeral solemnity, or office for 
 the dead ; the anniversary of a person's death ; the aniversary office. 
 V. Post. 
 
 Obiter, I By the way ; in passing. Obiter dictnm: an opinion of a 
 judge delivered or expressed by the way, and not on the point in 
 question before him. 
 
OBJECT — OCCASIONARE 497 
 
 Object. A thing aimed at ; an end sought to be accomplished ; a thing 
 presented to the mind or the senses. 
 
 Oblata, I. Gifts or oflferings to the crown, anciently a regular source of 
 royal revenue. 
 
 Oblati actio, I. In the chnl law. An action given to a party against 
 another who had offered to him a stolen thing, found in his pas- 
 session. 
 
 Oblatio, 1. In the civil law. An offering or tender of money by u. 
 debtor to his creditor, in payment of the debt. 
 
 Obligacion. l.fr. Obligation. Obligacion est na lien de droit: obli- 
 gation is a bond of law. 
 
 Obligatio, I. In the civil and old English law. Obligation ; a bond or 
 writing obligatory. Obligatio est juris Tinciilum, quo necessitate 
 astriugiinur ad aliqnod dandnm vel faciendum: obligation is a 
 bond of law, by which we are necessarily bound to give or to do ■ 
 something. 
 
 Obligation. A tie, a thing which binds; a legal duty or liability ; an 
 undertaking under seal; the instrument by which such an under- 
 taking is witnessed ; a bond or writing in the nature of a bond ; an 
 instrument binding to the payment of money. Obligation of ai 
 contract: the binding force of a contract 
 
 Obligee. ' The party to whom another is bound ; the party to whom a- 
 bond is given. 
 
 Obligor. A party who binds himself, as by a bond ; the party by whom' 
 a bond is given. 
 
 Obrogare, I In the civil law. To make a law contrary to a former law ;. 
 to change a former law. 
 
 Obsolete. Grown out of use ; disused ; antiquated. 
 
 Obsta principiis, I. Withstand the beginnings. 
 
 Obstante, I. Withstanding ; hindering, v. Non obstante. 
 
 Obstupare, Z. I. In old English law. To stop up. Obstnparit et ob- 
 struxit: stopped and obstructed. 
 
 Obtemperare, I. To obey. 
 
 Obtemperandnm est consaetiidini rationabili tanqnam legi, l A 
 reasonable custom is to be obeyed as law. 
 
 Obtnlit se, I. In old English law. Offered himself; the emphatic 
 words of entry on the record where one party offered himself iu 
 court against the other, and the latter did not appear. 
 
 Obrentio, Z. In the civil law. A kind of rent, or income. 
 
 Obreutions. In old English law. The rents or revenues of spiritual 
 livings. 
 
 Occasio, 1 1. In old English law. Molestation ; hindrance ; vexation by 
 suit 
 
 Occasionare, I L In old English law. To molest ; to vex or harass with 
 litigation. 
 33 
 
498 OCCULT ATIO — OFFEE. 
 
 Occaltatio, I. In old English law. A hiding. Occnltatlo thesauri in- 
 Tenti fraud niosa: the fraudulent concealment of treasure trova 
 
 Occupancy. The taking of possession of those things which before be- 
 longed to nobody ; the taking of possession by any one of a thing 
 of which there is no owner ; the right acquired by such taking pos- 
 session. 
 
 Occupant. In a general sense, one who takes possession of a thing of 
 which there is no owner ; one who takes possession of a thing which 
 has been abandoned. In a special sense, one who takes possession 
 of lands held pur autre me, after the death of the tenant, and dur- 
 ing the life of the cestuy que vie. v. General occupant; Quod ante, 
 etc. ; Special occupant. 
 
 Occupare, I In the civil law. To seize or take possession of; to enter 
 upon a vacant possession ; to take possession before another. 
 
 Occnpatio, I. In the cicil law. A taking possession of a thing which 
 before belonged to nobody. 
 
 Occupation. In old 'English law. The putting a man out of his free- 
 hold in time of war ; use, tenure or possession ; usurpation of a fran- 
 chise : a trade or business. 
 
 Occupavit, I. I. In old English law. A writ that lay for one who was 
 ejected from his land or tenement in time of war. 
 
 Occurrere, I To meet : to run against ; to stop or bar. 
 
 OctaTB. In old English law. The eighth day after a feast ; one of the re- 
 turn days. 
 
 Octo talcs, I. I. In old English law. Eight such ; a writ issued to the 
 sheriff to summon eight such men as were summoned on the first 
 panel, to make up a deficiency of jurors. 
 
 Oetogild. In Saxon law. A pecuniary compensation for an injury, 
 eight times the value of the thing. 
 
 Ocnlatus testis, I. An eye-witness. 
 
 Odiosa non preesumuntur, I. Odious things are not presumed. 
 
 (Economlcus, 1. 1. In old English law. The executor of a will. 
 
 (Economus, /. In the civil law. A manager or administrator. 
 
 (Eps, «es, I. fr. Use. 
 
 Of. By; belonging to; upon. Of counsel: a phrase applied to the 
 counsel employed by a party in a cause, or whose name appears on 
 the papers. Of course: in the genei-al prescribed order of practice ; 
 without special reference to the court Of force: obligatory ; bind- 
 ing. 
 
 Offa execrata, I I. In old English law. The morsel of execration ; the 
 corsned, q. v. 
 
 Offense. An act committed against a law, or omitted where the law re- 
 quires it, and punishes for the omission ; a crime. 
 
 Offer. A proposal to do a thing ; in some cases, an attempt to do a 
 thing. 
 
OFFICE — OMNE. 499 
 
 Onice. A position or station in which a person is employed to perform, 
 or by virtue of which he becomes bound to perform, certain duties, 
 public or private ; the right and duty to execute a public or private 
 trust, and to take the emoluments thereto belonging, v. Jvdicial; 
 Ministerial; Political; Public Offlce copy: a copy of a record or a 
 paper filed, obtained from the officer having the paper or the record 
 in charge. Office found: inquest of office /ound; the finding of 
 certain facts by a jury on an inquest or inquisition of oflSce. v. In- 
 quest of office. 
 
 Officer. One who holds an oflSce ; a person lawfully invested with an 
 office. Officer de facto: one who colore offlcii assumes to exercise 
 official authority. Officer de jure: a rightful officer. 
 
 Officia jndicialia iion coiicedantur anteqnam vacent, I. Judicial offices 
 should not be granted before they are vacant. 
 
 Official. An officer ; iu English ecclesiastical law, the person to whom 
 the archdeacon substitutes in the execution of his jurisdiction. 
 In the civil law. The minister or apparitor of a magistrate or judge. 
 
 Official. Pertaining to an office, or the function of an office, as an offi- 
 cial act, bond, certificate, oath, etc. 
 
 Officiiia, /. A shop ; a workshop. Officina breTlnm: the shop of writs. 
 Officina justitlsB: the shop or mint of justice; a name anciently 
 given to the court of chancery, or rather to the legal branch of that 
 court, that being the place where the king's writs were framed. 
 
 Offlcium, Z. Office. 
 In Scots law. Officinm ncmini debet esse damnosnin: office ought 
 not tQ be an occasion of loss to any one. 
 
 Oier, oir, oyer, I fr. To hear. v. Oyer. 
 
 Old Natura Brevium. v. Natura Brevium. Old statutes: v. Vetera 
 statuta. Old tenures: a brief treatise on tenures, written in the reign 
 of Edward IIL 
 
 Oleron, laws of. A collefction of maritime law promulgated in or about 
 the time of Richard I. in the island of 0,leron, off the French coast, 
 either by Richard or under direction of his mother. It ranks next 
 after the Consolato del Mare. 
 
 Omissio, Z. Omission; a leaving out Omlssio eorum qusi tacite in- 
 sunt nihil operatnr: the omission of those things which are tacitly 
 implied is of no consequence. 
 
 Omissis omnibus aliis negotiis, L Laying aside all other businesses. 
 
 Oiuittere, 21, In the civil law. To pass over; to leave out; to neglect; 
 to refuse. 
 
 Omne, I. Every thing; every ; all ; a word which is said to exclude all 
 exception. Omne actum ab intentioue agentls est judicandnm: 
 every act is to be judged by the intention of the doer. Omne crimen 
 ebrietas et incendit et detegit: drunkenness both inflames (or ag- 
 gravates) and reveals every crime. Omne magis dignum trahit ad 
 se minus dlgnum, quamuis minus di^num sit antiqnius: every 
 
500 OMNB — OMNIA. 
 
 worthier thing draws to it the less worthy, though the less worthy 
 be the more ancient. Omiie magnum exemplam habet aliqnid ex 
 iniquo, quod publica utilitate compensatur: every great exam- 
 ple has somewhat of injustice, which is compensated by its public 
 utility. Omne majns continet in se minus: every greater contains 
 in itself the leas ; the greater always contains the less. v. In eo 
 quod, etc. Omne-majus minus in se complectltur: every greater 
 embraces in itself the less. Omne majus trahit ad se [quod est] 
 minus: every greater thing draws to it the less, Omne quod ingedi- 
 flcatur solo eedit: everything which is built upon [the soil] belongs 
 to the soil. Omne sacramentum debet esse de certa scientia: 
 every oath ought to be of certain knowledga Omne testamentnm 
 morte consummatur [consumraatnm est]: every will is consum- 
 mated or made complete by death ; a testament is of no force till 
 after the death of the testator. 
 In the civil law. Omne Jus aut consensus fecit, aut necessitas con- 
 stituit, aut flrmavit consuetude: all right either consent has cre- 
 ated, or necessity established, or custom confirmed [has either been 
 created by consent, or established by necessity or confirmed by cus- 
 tom]. 
 
 Omnes, I. All ; all men ; all persons. Omues prudentes ilia admit- 
 tere sclent quae probentnr lis qui in arte sua bene versati sunt: 
 all prudent men are in the habit of "admitting those things which 
 are proved by those who are well versed or skilled in their own art 
 v. Cuilibet in arte, etc. 
 In the civil law. Omnes licentiam habere his quae pro se indulta 
 sunt, renunciare: [it is a rule of the ancient law that] all persons 
 shall have liberty to renounce those privileges which have been con- 
 ferred for their benefit. 
 
 Omni exceptione niajores, I. Superior to all exception ; beyond all ex- 
 ception. 
 
 Omnia, I. All; all things. • Omnia delicta in aperto leviora sunt: all 
 crimes that are committed openly are lighter [or have a less odious 
 appearance than those committed secretly]. Omnia prsBSumuntur: 
 all things are presumed ; — contra spoliatorem: all things are pre- 
 sumed against a deepoiler or wrong-doer ; a leading maxim in the 
 law of evidence ; — legitime facta donee probetur in contrarium: 
 all things are presumed to be lawfully done until proof be made to 
 the contrary ; — rite esse acta: all things are presumed to be done 
 in due form ; — solemniter esse acta: all things are presumed to be 
 done with due solemnity. Omnia quae sunt uxoris sunt ipsius 
 Tiri: all things which are the wife's are the husband's. 
 In the civil law. Omnia quae jure contrahuntur, contrario jure 
 pereunt: all contracts which are made under a law are destroyed 
 under a contrary law. 
 
OMNIBUS — ONERIS. 501 
 
 Omnibus, I To all ; to all persona Omnibus ad quos praesentes literae 
 pervenerint, salutcm: to all to whom the present letters shall 
 come, greeting ; a form of address with which charters both public 
 and private, (deeds) and other instruments were anciently com- 
 menced. Omnibus prseseutes literas visuris vel audituris, salu- 
 tern: to all who shall see or hear the present letters, greeting. 
 
 Omnis, 2. Every; all. Omnis actio est loquela: every action is a 
 plaint or complaint Omnis conclusio boni et veri Judicii seqni- 
 tnr ex bonis et reris prsemissis et dictis juratorum: every con- 
 clusion of a good and true judgment follows from good and true 
 premises, and the verdicts of jurors. Omnis consensus tollit erro- 
 rem: every consent removes error; consent always removes the 
 effect of error. Omnis deflnitio in lege periculosa: all defini- 
 tion in law is hazardous. Omnis innoratlo plus novitate per- 
 turbat quani ntilitate prodest: every innovation disturbs more 
 by its novelty than it benefits by its utility. Omnis interpreta- 
 tio, si fieri possit, in instrumentis ita flenda est, ut omues 
 contrarietates amoveantur: all interpretation in [of] instruments 
 should be so made, if possible, that all contrarieties [contradic- 
 tions] may be removed. Omnis nova constitntio futuris for- 
 mam imponere debet, nou praeteritis: every new statute ought to 
 prescribe a form to future, not to past acts. Omnis privatio prae- 
 suppouit habitnm: every privation, presupposes former enjoyment; 
 a "rule of philosopliie" quoted by Lord Coke, and applied to the 
 discontinuance of an estate. Omnis ratihabitio retrotrahltur et 
 mandato [sen licentiae] priori sequiparatnr: every ratification is 
 drawn backward [has a Retrospective operation], and is equivalent 
 to a previous command [or permission] ; subsequent assent given to 
 what has been already done has a retrospective effect, and is equiv- 
 alent to a previous command ; a leading maxim of the common 
 law, and of maritime and commercial jurisprudence, applied in the 
 law of principal and agent, and also to contracts and torts, v. Rati- 
 habitio, etc. 
 In the civil law. Omnis deflnitio In jnre civili periculosa est, 
 parum est enim ut non subvert! possit: all definition in the civil 
 law is hazardous, for there is little that cannot be subverted. 
 
 Once in jeopardy. Once put in peril of legal penaltiea v. Autrefois. 
 Once a mortgage, always a mort^a^e: means that the right of re- 
 demption, in equity regarded as an inseparable incident to a mort- 
 gage, cannot be restricted or qualified, and that all restrictions or 
 qualifications are void. 
 
 One third new for old. v. New for old. 
 
 Onerare, I. To burden or charge ; to lade or load. 
 
 Onerari non, i I. Ought not to be charged ; a form of beginning of a 
 plea, substituted in some cases for the actio non. 
 
 Oneris ferendi, I The servitude of support, as by a party wall 
 
502 ONEROUS — OPOETET. 
 
 Onerous canse. In Scots law. A good and legal consideration. Oner- 
 ous deed: a deed given for a valuable consideration. 
 
 Onomastic. A term applied to the signature of an instrument, the body 
 of which is in the handwriting of another. 
 
 Onus, I. A burden, or load ; a weight ; the lading gr cargo of a vessel ; 
 a charge ; an incumbrance. Onus probandi: the burden 6t proving. 
 V. Actori, etc. ; Cum onere. 
 
 Ope consilio, ope et consilio, I. In the civil law. By aid and counsel ; 
 a term applied to accessories in the cofnmission of crimes, of import 
 similar to " aiding and abetting.'' 
 
 Open. To commence or begin; to enter upon; to vacate, or set aside; 
 to undo or recall ; to proclaim, to explain ; to clear of obstructions. 
 Open a decree, open a judgement: to set aside a judgment or de- 
 cree ; to vacate it. Open a default: to give a party a new oppor- 
 tunity to do that for not doing which the default was entered. 
 , Open biddings: to allow a resale of property once sold under a de- 
 cree. Open court: to proclaim a court as convened and ready to 
 proceed with business. 
 
 Open. Manifest; apparent; outward; overt; public; not concealed; 
 not closed, settled or fixed. Open account: an unsettled account 
 between two persons having dealings with one anothet. Open cor- 
 poration: a corporation in which all members have a voice in the 
 election of oflScers. Open policy: a policy of insurance in which 
 the amount of interest is not fixed, but left to be ascertained by the 
 insured, in case of loss. 
 In old English law. Open law: the trial by duel or ordeal. 
 In Scots la^o. Open doors: letters of open doors are process authoriz- 
 ing the oflScer to break open the doors of places in which the goods 
 of a debtor are deposited. 
 In Saxon law. Open theft: manifest theft, — same with furtum mani- 
 festum. 
 
 Operis novi nuntiatio, I In the civil law. A protest or warning 
 against [of] a new work. 
 
 Opinio, I. Opinion. Opinio quse favet testamento est tencnda: the 
 opinion which favors a will is to be followed. Opinio comuiunis 
 or vulgaris: common opinion ; general or prevalent opinion, as dis- 
 tinguished from the peculiar opinion of an individual, or a new 
 opinion not generally received. 
 In the civil law. Opinio communis judicando et consulendo com- 
 plecti debet: common opinion is to be regarded in judging and 
 giving advice. 
 
 Oportet, I. It behooves ; it is needful or necessary. Oportet quod 
 certa res deduCatur in donationem: it is necessary that a certain 
 thing be brought into the gift, or made the subject of the convey- 
 ance. Oportet quod certa res deducatnr in judicium: it is neces- 
 sary that a certain (definite) thing be brought to judgment or into 
 
OPORTET — ORATOR 503 
 
 cpurt ; that is, made the subject of an action, or of the action of the 
 court in the particular case. Oportet quod certa sit res quae ven- 
 ditor: it is necessary that there should be a certain thing which is 
 sold. 
 
 Oppignerarc, I. In the civil law. To pledge. 
 
 Opposer. In old English law. An officer in the court of exchequer. 
 
 Upposita Juxta se posita magi.s elucescnnt, I. Opposite things when 
 placed near each other (in juxtaposition) appear in a clearer light. 
 
 Optima est lex qnge minimun relinqnit arbitrio Jiidlcis, optimus 
 judex qui minimum slbi, I. That law is the best which leaves least 
 to the discretion of the judge ; that judge is the best who leaves 
 least to his own. Optima statuti interpretatrix est (omnibus 
 particulis ejnsdem inspectis) ipsum statutum: the best interpreter 
 of a statute is (all its parts being considered) the statute itself. 
 In the civil law. Optima est legum interpres consuetude: custom 
 is the best interpreter of laws. v. Optimus interpres, etc. 
 
 Optimus interpres legum consuetado, I. Custom is the best inter- 
 preter of laws. Optimus interpres rerum usus: use or usage is 
 the best interpreter of things. 
 
 Option. Right of choice. Option contract: a contract of sale so called 
 by which the property is not to be delivered, but the transaction is 
 to be closed on a future day, by the payment by one party to the 
 other of a sum equal to the increase or decrease in value, v. Buyer's 
 option; Local option. 
 In Erlglish ecclesiastical law. Option: a customary prerogative of 
 an archbishop, upon consecration of a bishop, to name a clerk or 
 chaplain to the next presentation of such dignity or benefice in the 
 bishop's disposal as the archbishop shall choose. 
 
 Optional writ. In old English law. That species of original writ, oth- 
 erwise called a praecipe, which was framed in the alternative, com- 
 manding the defendant to do the thing required, or show cause. 
 
 Opus, /. I. In old English law. Benefit ; advantage ; work ; labor. Opus 
 maniflcum: labor done by the hands: manual labor. 
 In the civil law. Work ; labor ; a thing made or done by labor. Opus 
 locatnm: a work let out. Opus novum: anew work; something 
 newly built upon land, or taken from a work already erected. 
 
 Or. In written instruments, statutes, etc., frequently construed to mean 
 "and," where such construction is necessary to give effect to the in- 
 tention. 
 
 Oral. In spoken words. Oral pleading: pleading by word of moutli, 
 in the actual presence of the court, which was the ancient mode of 
 pleading in England, and continued to the reign of Edw. IIL 
 
 Oratio signiflcativa, I. In old English law. The meaning of an in- 
 strument, as distinguished from the mere words. 
 
 Orator, /. /. and eng. The complainant in equity. Oratrix: a female 
 complainant 
 
504 ORDEAL — ORDINATIO. 
 
 Ordeal. An ancient mode of trial by the judgment of God, — the ac- 
 cused handling hot iron, or plunging his arm into hot water, or the 
 like, upon the theory that he would escape unhurt according as he 
 was innocent or guilty, v. Fire ordeal; Water ordeal. 
 
 Order. An informal writing requesting the payment of money, or the 
 delivery of personalty, to the beai-er or to a person named ; a direc- 
 tion in writing, granted by a court or judge, requiring or authoriz- 
 ing some act to be done, — in chancery, a decision upon some inter- 
 locutory matter ; at law, usually the act of a judge at chambers, 
 orders of the court being designated as rules, v. Decretal order; 
 Interlocutory order. 
 
 Ordinance. In American law. An act or regulation of congress; a 
 law or regulation of a municipal corporation. Ordinance of 1787: 
 the ordinance for the government of the territory northwest of the 
 Ohio river, adopted by the continental congress, and affirmed by 
 the firet congress under the constitution. 
 In old English law. A statute or an act of parliament ; strictly, a bill 
 or law which might stand with the old law, and did not alter any 
 statute in force, a.nd which became complete by the royal assent on 
 the parliament roll, without any entry on the statute roll. 
 
 Ordinare, 1. 1. In old English law. To ordain ; to establish ; to make 
 a law; to appoint; to practice. Ordinavit: he (the king) ordained. 
 Ordinatlim: ordained. 
 
 Ordinarius, 2. In the dvil law. Ordinary; regular; according to usual 
 course and rule. 
 
 Ordinary. In American law. A judicial officer having the powers of a 
 judge of probate, or surrogate. 
 In English law. An ecclesiastical judge who has the regular ordinary 
 jurisdiction, independent of another ; a bishop, as having ordinary 
 jurisdiction in his own diocese; a clergyman who performs divine 
 service for a r^alefactor. 
 In old English law. A deputy of -the bishop, appointed to give male- 
 factors their neck-verses, also to perform divine services for them 
 and assist in preparing them for death. 
 In Scots law. A single judge of the court of session, who decides 
 
 / with or without a jury, as the case may be. 
 In the civil law. A judge who had authority to take cognizance of 
 causes in hjs own right 
 
 Ordinary. Common; usual; reasonable. Ordinary care: the care 
 which men of ordinary prudence and judgment commonly exercisa 
 Ordinary skill: the skill which men engaged in the art in question 
 usually employ. 
 
 Ordinatio, L An ordinance ; the title of several ancient English stat- 
 utes. Ordinatio Torestse: Ordinance of the Forest; a statute passed 
 33 Edw. I., containing regulations about the purlieus of forests. Or- 
 dinatio pro statu Hibernise: Ordinance for the Regulation or Set- 
 
ORDINATIO — OSTENSUEUS. 505 
 
 tlement of Ireland ; a statute passed 17 Edw. I., containing regula- 
 tions in matters of a judicial nature. 
 
 Ordinatnm est, I. I. In old English law. It is ordered ; the initial 
 words of rules of court when entered in Latin. 
 
 Ordine, I. fr. A rule or order ; a regulation. 
 
 Ordine placitandi servato, servatur et jus, I. When the order of 
 pleading is observed, the law also is observed. 
 
 Ordiner, ordyner, I. fr. To ordain ; to establish. 
 
 Ordinis beneflcium, /. In the civil law. The benefit or privilege of 
 order ; the privilege of a surety to have his principal thoroughly 
 prosecuted before the creditor could resort to him. 
 
 Ordo, Z. In old English law. Order ; regular succession. Ordo agendi: 
 the order of suing. Ordo attachiamentorum: the order of attach- 
 ments. Ordo brevium: the order of writs. Ordo curlse: an order 
 of court Ordo excipiendi: the order of pleading. Ordo pctendi: 
 the order of demanding or counting. 
 
 Ore, /. fr. Now. Ore est a veyer: now it is to be seen. 
 
 Ore tenns, I. By word of mouth ; orally. 
 
 Original. Principal; primary; first in order of time. Original bill: 
 in equity pleading, a bill which relates to some matter not before 
 litigated in the court by the same persons standing in the same in- 
 terest. Original process: process for getting the defendant into 
 court, — the summons, attachments, etc., for that purpose. Original 
 writ: in modern practice, confined to real actions, and in American 
 practice generally superseded. 
 In old English law. Original bill: the ancient mode of beginning 
 actions in the King's Bench. Original conTcyances: conveyances 
 at common law, otherwise termed primary, by which a benefit or 
 estate is created or first arises, comprising feofi'ments, gifts, grants, 
 leases, etc. Original writ: a writ issuing out of chancery, so called 
 because it gave origin to the action, was principally used in the court 
 of Common Bench, and was in form a mandatory letter from the 
 king, in parchment, sealed with the great seal, and directed to the 
 sheriff of the county requiring him to command the wrong-doer to 
 do justice or to appear in court and answer. 
 
 Originality. In the law of patents, the contriving, creating or finding 
 out of that which was not known and did not exist, and which can 
 be used or enjoyed by man. 
 
 Origo rei inspici debet, I. The origin of a thing ought to be regarded. 
 
 Orphan's court. A court of probate. 
 
 Ostendit vobis, I. In old English law. Shows to you ; formal words 
 beginning a count. 
 
 Ostensible partner, A partner whose name appears to the world as a 
 partner. 
 
 Ostensarns, I. In old English law. To show ; a formal word in old 
 writs. 
 
506 OSTEE — OUTLAW. 
 
 Oster, I. fr. To take away ; to take out or off. Oste del file: taken off 
 the file. 
 
 Ostium ecclesiae, I. I. In old English law. ' The door or porch of the 
 church, where dower was anciently conferred. 
 
 Othe, oth, o. eng. Oath ; an oath. 
 
 Other, others. In concluding an enumeration of particulars, means un- 
 specified particulars of like kind only, unless something further is 
 plainly meant 
 
 Othesworthe, o. eng. Oathsworth ; oathworthy ; worthy or entitled to 
 make oath. 
 
 Ou, I. fr. Or ; where ; whether ; whereas ; whereto ; with ; within ; in. 
 
 Oultre le mere, I. fr. Beyond the sea. 
 
 Oust. To deprive ; to put out ; to turn out or eject. 
 In old English law. To take away. 
 
 Ouster. A putting out; dispossession; amotion of possession ; the wrong- 
 ful dispossession or exclusion from real property of a person en- 
 titled to possession. 
 
 Ouster, oster, 1. fr. In old English law. To put out ; to take away ; 
 to deprive'; to deny a thing asked. Ouster le main, ousterlemain: 
 to remove the hand ; the delivery of lands out of a guardian's hands, 
 when the male heir arrived at proper age ; a writ against the lord 
 for this purpose; the delivery of lands out of the king's hands, on 
 a judgment on a monstrans de droit. 
 
 Ouster, oustre, outre, I. fr. Over ; beyond ; further. Ouster le mer: 
 beyond the sea. v. Outre meer. Oustre un jour: over a day. 
 
 Out of coi^rt. Not in a position to prosecute ; deprived of the power of 
 
 ' prosecuting an action. Out of the state: v. Beyond sea. Out of 
 time: applied to a vessel that has been so long at sea as to justify 
 the belief of her total loss. v. Missing ship. 
 In English law. Out of the realm: out of the power of the king, as 
 of his crown of England. 
 
 Outer bar. In English law. The junior barristers. 
 
 Outfang'thefe, utfangthefe, utfangeuthefe, sax. In Saxon and old 
 English law. A thief from without, or from abroad, taken within a 
 lord's fee, or liberty ; the privilege of trying such a thief. 
 
 Outfit. Things connected with a ship and necessary for her navigation. 
 
 Outhouse. A small house or building belonging to a messuage or dwell- 
 ing-house, and usually standing separate, and at a small distance 
 from it 
 
 Outland. In Saxon law. Land lying lyithout or beyond the demesne 
 lands of a manor, and occupied by the lord's tenants. 
 
 Outlaw. To put out of the law, or out of the protection of the law. 
 
 Outlaw. In English law. One who is put out of the law, that is, de- 
 prived of its benefit — in modern law importing the forfeiture of 
 property and loss of civil rights. 
 
OUTLAWRY — OYER. 507 
 
 Outlawry, outlary. The process by which a person is declared an out- 
 law ; the being put out ot the law ; the state of being put out of the 
 law. The process is resorted to where a person is in contempt on 
 either civil or criminal process. 
 
 Outrage, I fr. In old English law. Excess ; more than is one's due or 
 right 
 
 Outragious, outraious, i. /r. In old English law. Excessive; unusually 
 large ; beyond measure. Outragious prise: an excessive taking ; a 
 taking of more fees than were due. 
 
 Outre, L fr. Beyond. Outre ineer: beyond sea ; one of the essoins in 
 old practice. 
 
 Outroper, o. eng. A person to whom the business of selling by auction 
 was confined by statute. 
 
 Outstandiug crop. An ungathered crop ; a crop which has begun to 
 grow and is not yet gathered and taken away. 
 
 i)\e,l.fr. With; for. Ovesque: with. 
 
 Ovel, owel, /. fr. Equal. OTelmeiit: equally. 
 
 Ovelty. In old English law. Equality. 
 
 Orerhanl. To inquire into ; to review ; to disturb. 
 
 Overhernissa, 2. 2. In Saxon law. Contempt; contumacy; despite. 
 
 Over-insurance. Insurance to an amount exceeding the value of the 
 property. 
 
 Oversmau. In Scots law. An umpire. 
 
 Overt, overte, ouverte, I. fr. and eng. Open; public. Overt act: an 
 open, manifest act from which criminality may be implied ; some- 
 thing done toward carrying out intention, v. Market overt. 
 
 Owel, owele, I. fr. Equal. Owelnient: equally, v. En owel, etc. 
 
 Owelty. In old English law. Equality. 
 
 Owling. In old English law.. The offense of transporting wool or 
 sheep out of the kingdom ; so called from being carried on in the 
 night. 
 
 Owner. Does not mean always of necessity one who has absolute owner- 
 ship, but may mean a person in possession, a person having dominion 
 and control, a person having a claim or interest, according to sub- 
 ject-matter and circumstances. 
 
 Oxgang. In old English law. As much land as an ox could till. 
 
 Oyel, oyell, oyl, I. fr. In old English late. Yes. Oyell syr: yes, sir. 
 
 Oyer, oier, oir, I. fr. To hear; to audit. Oy, oys: heard. Oy crier: 
 heard to cry. Oyant: hearing. Oyer et terminer: to hear and de- 
 termine. Oyes: hear you. Oyez: hear ye. 
 
 Oyer, I. fr. and eng. The hearing of a deed read which a party sued 
 on the deed might demand where the plaintiff had to make profert, 
 the demand being called craving oyer; a copy of the deed, a giving 
 of which to defendant is substituted, in modern practice, for reading. 
 Oyer and terminer: in American law, the higher criminal courts iu 
 some of the states ; in English law, the assizes ; the commission now 
 
508 OYER — PAIX 
 
 regularly directed to the judges, empowering them to " inquire, hear 
 and determine" all treasons, felonies and misdemeanors, but for- 
 merly issued only on particular occasions, as on sudden outrage or 
 .insurrection ; the courts which sit under such commission. 
 
 Oyes, I. fr. Hear ; hear you. 
 
 Oyez, I. fr. Hear ye ; the introductory word of proclamations made by 
 the criers of courts, retained from the old French form, but pi'O- 
 uounced as though it were English, yes. 
 
 P. An abbreviation of page, plaeitum, pleas, president, probate. P. C: 
 parliamentary cases, privy council, pleas of the crown. P. J.: presi- 
 dent judge. P. M.: post meridian. 
 
 Pack a jury. Improperly and corruptly to select a jury sworn and im- 
 paneled to try a case. 
 
 Pact. An agreement v. Nude pact. 
 
 Pacta privata non derogant juri cominuni, I. Private agreements can- 
 not derogate from common right (or law). 
 In the dvil law. Pacta conventa, quae neque contra leges, neque dole 
 malo inita sunt, omni mode observanda sunt: compacts which are 
 not against law, nor entered into with a fraudulent design, are in all 
 respects to be observed. Pacta qase contra leges constitutionesqne, 
 vel contra bonos mores fluut, nullam vim habere, indubitati 
 juris est: that contracts which are made against law br against good 
 morals, have no force, is a principle of undoubted law. Pacta qnw 
 turpem causam continent non sunt observanda: agreements 
 founded upon an immoral consideration^ are not to be observed. 
 
 Pactio, I. In the civil law. A bargaining or agreeing, of which pactum 
 the agreement itself was the result 
 
 Pactum, I. In the civil law. A pact; an agreement or convention 
 without specific name, and without consideration, which, however, 
 might, in its nature, produce a civil obligation. Pactum corvinum 
 de hsBreditate viventis: a crow-like bargain for the inheritance of 
 a living person. Pactum de non petendo: an agreement not to sue. 
 
 Paiai'e, 1. 1. In old English law. To pay. Paiavit: (he) paid. 
 
 Pain, peyne. A penalty. 
 
 Paine or peine tort et dure, I. fr. In old English law. Strong and 
 hard or severe punishment; a dreadful punishment inflicted upon 
 one who, being arraigned of felony, stood obstinately mute and re- 
 fused to plead, or put himself upon the country. It consisted of 
 binding, loading with weights and starving, but was inflicted only 
 after a threefold warning called trina admonitio. 
 
 Pais, pays, I. fr. In old English, law. Country : the country ; a jury, as 
 coming from the country or neighborhood. 
 
 Paix, I. fr. In old English law. Peace; the peace or concord in a fine 
 of lands. 
 
PALACE — PARCENER. 509 
 
 Palace court. In English lav?. A court of legal jurisdiction, held in 
 the borough of Southwark. v. Marshalsea. 
 
 Palatine. Pertaining to a palace; having royal privilegea 
 
 Pandects, or Digests. A connpilation of Roman law in fifty books, 
 published in the year 533. It consists of selections from the writ- 
 ings of the old jurists, made under the direction of Justinian, and 
 constitutes one of the four principal divisions of the Corpus Juris 
 Civilis. 
 
 Panel, pauell, pannel. A list of tlie names of jurors returned by the 
 sheriff for the trial of a cause ; the body of jurors summoned and in 
 attendance upon court, including jurors returned upon a special 
 venire. 
 In Scots law. A prisoner who is arraigned for trial at the bar of a 
 criminal cojirt. 
 
 Paper credit. Bills of exchange and promissory notes. Paper title: 
 a title witnessed by writing, but without real legal foundation. 
 In English law. Paper book: a transcript of tlie record prepared for 
 the use of the judges at the argument Paper days: days for going 
 through the paper of causes entered for argument Paper of causes: 
 a list of causes or cases intended for argument 
 
 Par, I. fr. By. Par poy et par poy: by little and little. 
 
 Par, I. Equal; like. Par delictum: equal guilt Par in parem im- 
 perium non habet: an equal has no command over his equal. 
 
 Parage, U fr. In old English law. Equality of condition, blood or 
 dignity ; equality of lands in the partition of an inheritance. 
 
 Paramount. In English law. Above; over; overall; upwards. Ap- 
 plied to the supreme lord of a fee, between whom and the tenant, or 
 tenant paravail, there was an intermediate or mesne lord. Para- 
 mount especifle: above specified. 
 
 Parapbernalia, Parapherna, gr.-l. In English law. Movable goods 
 which a widow is allowed to have besides her dower, consisting of 
 her apparel and ornaments, suitable to her station. 
 In the Roman law. Goods which a woman brought to her husband 
 besides her dos or portion. 
 
 Paratitla, gr.-l In the civil law. Notes or abstracts prefixed to titles 
 of law, giving a summary of their contents. 
 
 Paratnm babeo, I I have him in readiness ; a return to a capias ad 
 respondendum, meaning that the sheriff has taken the defendant 
 and has him ready to bring into court 
 
 Paratas est reriflcare, I He is prepared to verify. 
 
 Paravail, peraraile, Paraval, I. fr. In English law. Below ; at the 
 bottom. Pararal les poantz: below the bridges. 
 
 Parcel. Piece ; a piece of land not of great extent 
 
 Parcella, LI In old English law. A small piece ; a parcel or bundle. 
 
 Parcener, I. fr, and eng. A co-heir of lands ; otherwise termed co- 
 parcener. 
 
510 PARCHEMIN — PAELEE. 
 
 Pareliemin, parcliemyn, pargemin, J./r. Parchment; a parchment; a 
 manuscript on parchment. 
 
 Parens, 1. 1. In old English law. A pound ; a place for confining cattle 
 found doing damage ; a park ; an enclosed place for the preservation 
 of deer. 
 
 Pardonare, 2. 2. In old English law. To pardon. Pardonavit: (he) par- 
 doned. 
 
 Pardonatio, I I. In old English law. Pardon ; a pardon. 
 
 Pardon. Forgiveness ; remission ; an act of grace by which an offender 
 is released from the consequences of his offense, so far as release is 
 practicable and within the reach of the pardoning power. 
 
 Parens, I. A parent ; a father or mother. Parens patriae: parent of 
 the country, the sovereign, — in England the king, in the United 
 States the state. 
 In old English and feudal law. A relative by blood ; a cousin. Pa- 
 rens est nomen generale ad omne genus cognationis: parent is a 
 general name for every kind of relationship. 
 In the civil law. Any relative in the direct ascending line, whether 
 male or female ; a progenitor. , 
 
 Pares, i I. In old English law. Equals ; peers ; equals in rank or dig- 
 nity, the freeholders of a neighborhood. Pares curisB: peers of the 
 court ; a lord's tenants who sat in his court to try their fellow ten- 
 ant ; the barons who sat in the king's courts for the trial of their 
 peers. Pares de vieineto: the freeholders of the neighborhood; 
 the venue. Pares regni: peers of the realm. 
 
 Pari delicto, I. Of equal guilt Pari materia: of the same matter; on 
 the same subject. Pari passu: in equal degree : by equal steps. 
 
 Pariare, Ul. In old Scots law. To make equal. Pariare ratlones: to 
 square accounts. 
 
 Paribus sententiis reus absolritar, L Where the opinions are equal 
 [where the court is equally divided] the defendant is acquitted. 
 
 Paries communis, I. In the civil law. A common wall ; a party wall. 
 
 Farisll. A circuit of ground, committed to the charge of a parson or 
 vicar, or other minister having cure of souls therein ; an ecclesias- 
 tical division of a town or district, subject to the ministry of one 
 pastor. Parlsli cliurch: a particular body of christians, forming a 
 local spiritual association ; the building in which such an associa- 
 tion meets for public worship. " 
 
 Farium judicium, 2. 2. In old English law. Judgment of the peers; 
 trial by jury. 
 
 Parll. In English law. A tract of enclosed ground privileged for keep- 
 ing wild beasts of the chase, particularly deer. 
 
 Parle liill, or parlinge hill. In old English law. A hill wliere courts 
 were anciently held. 
 
 Parler, I fr. To speak. Parlance: speech. Parlour: a speaker. 
 
PARLIAMENT — PART. 511 
 
 Parliament. The supreme legislative assembly of Great Britain and 
 Ireland, consisting of the king or queen, and the three estates of 
 the realm, viz. the lords spiritual, the lords temporal, and the com- 
 mons. 
 
 Parliainentum, I. I In old English law. Parliament ; the highest court 
 of the realm. Faliamentnni indoctnm: unlearned or lack-learning 
 parliament; a name given to a parliament held at Coventry in the 
 sixth year of Henry IV. under an ordinance requiring that no law- 
 yer should be chosen knight, citizen or burgess. 
 
 Parmi, parniy, parme, I. fr. By; through; throughout. Parmi le 
 realm: throughout the realm. Parmy sa bouche; by his mouth. 
 
 Parner, I fr. To take. 
 
 Parochia, I. l, Paroche, parocke, I. fr. In old Englinh law. A parish. 
 Parochia est locus in quo degit popnlns alicujus ecclesise: a par- 
 ish is the place in which the people of any churcli reside. 
 
 Parol, parole, parolle, I. fr. A word ; a plaint, plea or pleading. Pa- 
 roles, parolx: words. Paroles del bien estre: words of well being ; 
 words of form ; words advisable to be used for greater security. 
 Parols de ley: words of law ; technical words. Farols font plea: 
 words \nake the plea. 
 
 Parol. Oral ; that which is given, or done by word of mouth ; not ex- 
 pressed by deed or specialty. Parol contract: a verbal contract ; 
 any contract n^ of record, nor under seal, whether written or ver- 
 bal. Parol demurrer: a plea for staying of the pleadings ; a plea for 
 suspension of proceedings in an action during the nonage of an infant 
 Parol eridence: oral or verbal evidence; that which is given by 
 word of mouth ; evidence outside of a writing under seal. Parol 
 promise: a simple contract ; a verbal promise. 
 
 Parricidinm, paricidinm, ?. In tfie civil law. Parricide ; the murder 
 of a parent 
 
 Pars, I In old English law. A part ; a party. Pars actrix: a party 
 plaintiff. Pars ejasdem uegotii: a part of the same transaction. 
 Pars enltia: the eldest's part or share ; the privilege of the eldest 
 daughter in the partition of landa v. .lEsnetia. Pars Inndi: part 
 of the soil. Pars gravata: a party aggrieved ; the party aggrieved. 
 Parsjudices: the duty of the judge. Pars rationabilis: reasonable 
 part or portion ; that share of a man's goods which the law gave to 
 his wife and children. Pars rea: a party defendant 
 
 Parson. In English law. A parish priest ; one that has full possession 
 of all the rights of a parochial church. Parson imparsonee: a clerk 
 or parson in full possession of a benefice. 
 
 Parson a, I. I. In old English law. Parson ; a parson. 
 
 Part and pertinent. In Scots law. Formal words corresponding with 
 appurtenances. '— 
 
 Part owner. An owner of a part: one who has an interest in a chattel 
 in common with another, or with others. Part performance: an 
 
512 . PART — PARTUS. 
 
 act done in performance of a contract such that non-enforcement of 
 the contract would be a fraud. 
 
 I'arte inaudlta, 2. One side unheard. \. Ex parte. Parte qnacunqne 
 iiitegrante sublata, tollitnr totum: any integral part being taken 
 away, the whole is taken away. 
 
 Partes flnis nihil hahuerunt, I. I In old English law. The parties to 
 the iine had nothing, that is, had no estate which could be conveyed 
 by it ; a plea to a fine levied by a stranger. 
 
 Partial loss. In the law of insurance, a degree of damage not amount- 
 ing to a total loss ; the total loss of a part. 
 
 Partible. In old English law. Divisible; divisible among several,- 
 divisible among all the sons. 
 
 Particeps, p2. participes, 2. A part-taker; a partaker or sharer; one 
 jointly interested with another ; an associate o'r accomplice. Parti- 
 ceps criuiinis, in criiniue: a sharer, participator or accomplice in 
 [of] crime, — applied to parties both to contracts and offenses. 
 In old English law. A. part owner ; a parcener. 
 
 Partlctila, I. I. In old English law. Parcel. 
 
 Particular. Pertainirtg to a distinct thmg, or portion of a thing. Par- 
 ticular average: in the law of insurance, any expense or damage 
 short of a total loss, which regards a particular concern, and which 
 is to be borne by the proprietors of that concern alone. Particular 
 estate: an estate precedent to an estate in remainder. Particular 
 lien: a specific lien on the particular goods or chattels. Particular 
 tenant: the tenant of a particular estate. 
 
 Particnlars. v. Bill of particulars. 
 
 Parties, v. Party. 
 
 Partitio, L In the civil law. Partition, division, — not always into* 
 halves. 
 
 Partition. A dividing or severing into parts ; the dividing of an estate 
 in which several are jointly interested ; the division of an estate in 
 lands held by several, in joint-tenancy, tenancy in common or co- 
 parcenary, into separate parts, shares or allotments, according to the 
 respective interests of the parties, — effected by bill in equity, by pro- 
 ceeding in mode prescribed by statute, or by conveyances inter 
 paries. 
 
 Partner. A member of a partnership. 
 
 Partnership or copartnership. A contract of two or more competent 
 persons, to place their money, effects, labor and skill, or some or all 
 of them, in lawful commerce or business, and to divide the profit 
 and bear the loss in certain proportions. 
 
 Partus, /. Birth ; offspring. Partus ex legitime thoro non certins 
 noscit matrera quam genitorem suum: the offspring of a lawful 
 bed knows not his mother more certainly than his father. Partus 
 sequltur ventrem: the offspring follows the mother ; the brood of 
 an animal belongs to the owner of the dam ; the offspring of a slave 
 
PARTUS — PASSPORT. 513 
 
 belongs to the owner of the mother, or follows the condition of the 
 mother. A maxim of the civil law, adopted in the law of England in 
 regard to anima,ls only, but in American law as to slaves also. 
 
 Party. A person concerned upon one side or another in any affair, busi- 
 ness, contract or proceeding, as vendor or vendee, bailor or bailee, 
 obligor or obligee, grantor or grantee, mortgagor or mortgagee, 
 lessor or lessee. A person so concerned in an action, called in the 
 Roman law actor or reus; in the common law, plaintifif or defend- 
 ant ; in real actions, demandant or tenant ; in equity, complainant or 
 defendant; in Scots law, pursuer or defender; in admiralty practice, 
 libellant or respondent ; in appeals, appellant or appellee, sometimes 
 plaintiff in error or ' defendant in error ; in criminal proceedings, 
 prosecutor or prisoner. A side or part composed of one or more in- 
 dividuals. Party wall: a common wall; a wall common to two 
 adjoining estates ; a wall erected on the line between two adjoining 
 estates belonging to the owners in conimon. 
 
 Parnm, Z. Little; but httle. Pariim differuut qnsB re concordantr 
 things differ but little which agree in substance. Pariim est latam 
 esse sententlain, nisi maiidetur executioni: it is little [or to little 
 purpose] that judgment be given, unless it be committed to execu- 
 tion. Parum proftcit scire quid lleri debet, si non cognoscas 
 qnomodo sit factiiruni: it profits little to know what ought to be 
 done, if you do not knpw how it is to be done. 
 In the Roman law. Pariuu cavisse videtur: he seems to have taken 
 too little care ; he seems to have been incautious, or not suffi- 
 ciently on his guard; a form of expression used by the magistrate 
 in pronouncing sentence of death. 
 
 Parra proditio, I. In old Englinh law. Petty treason. Parva ser- 
 jantia: petty serjeanty. 
 
 ParTum cape, /. L In old English law. Little cape ; => writ which lay 
 on a tenant's default after appearance in a real action. More com- 
 monly called petit cape. 
 
 Pass. To convey or transfer, as an estate ; to put off in payment or ex- 
 change, as money ; to decide upon, to pronounce, as upon evi- 
 dence or a case ; to approve, as an account ; to continue to another 
 time, as a case in a list or docket ; to go from one person to another, 
 to be transferred, as a title ; to be entered, as a verdict or judgment ; 
 to receive approval, as a legislative bill. 
 
 Passaginm, I. I. In old English law. Passage ; a passing over sea ; a 
 sum paid for being transported over sea, or over a river. 
 
 Passenger. A person who travels in a public conveyance under a con- 
 tract express or implied for the payment of fare, or for that which 
 the carrier accepts as an equivalent 
 
 Passer, I. fr. In old English law. To pass ; to proceed in order of law. 
 
 Passport. A permission to leave a harbor, — a document carried by a 
 merchant vessel in time of war as evidence of her nationality ; u 
 33 
 
514 PASSPOET — PATRONAGE. 
 
 permission granted in time of war for the removal of persons or 
 effects from a hostile country ; a warrant of protection and author- 
 ity to travel, granted to persons moving from place to place. ^ 
 
 Pastura, I. I. In old English law. Pasture : a feeding ; a right to feed 
 animals ; pasture, including the ground itself. 
 
 Pateat universis per prsesentes, I. I. In old English law. Know all 
 men by these presents ; words with which letters of attorney and 
 other instruments commenced. 
 
 Patent, letters patent. A grant of some privilege, property or author- 
 ity, made by the state or sovereign to one or more individuals ; a 
 grant by the state of the exclusive' privilege of making, using and 
 vending, and authorizing others to make, use and vend, an inven- 
 tion; a grant by government of public lands. Patent right: a 
 right granted or conferred by a patent. 
 In English law. Patent rolls: rolls containing the records of letters 
 patent granted by the crown since the year 1516. 
 
 Patent. Open ; obvious ; apparent ; open to inspection. Patent am- 
 bignity: an open ambiguity; one which appears on the face of an 
 insti'ument. Patent writ: an open writ,; a writ not closed or 
 sealed up. 
 
 Pater, I. In the civil law. A father; the father. Pater est qnem 
 nnptiee demonstrant: he is the father whom the nuptials point 
 out, or whom marriage indicates. Pater patria;; father of the 
 realm. 
 In the Roman law. Paterfamilias: a father or master of a family ; 
 the head of a family, whether father or not 
 
 Patientia, I. In old English law. Sufferance; permission, v. Longa 
 patientia, etc. 
 
 Patria, I. A country ; one's country. 
 In old English law. A district or neighborhood, within a county ; 
 the country ; a neighborhood ; a hundred ; a jury. Patria laboribns 
 •et expensls non debet fatigari: a juiy ought not to be harassed 
 . by labors and expenses. 
 
 In the Roman law. Patria potestas: the paternal power ; the power 
 of a father, which anciently included that of life and death. 
 
 Paterna paternis, I. Paternal estates [go to the] heirs on the father's 
 sida V. Materna. . ' 
 
 PBtrimoninni, I In the civil law. A paternal or hereditary estate ; 
 property ; fortune ; private, exclusive or individual property ; prop- 
 erty in general. Patrimonii mnniis: ati office of fortune; one 
 which chiefly involved the expenditure of money, aa distinguished 
 from personal care or industry. 
 
 Patron. In English ecclesiastical law. He who has the gilt of a benefice, 
 or the right of presentation to a benefice. 
 
 Patronage. In English ecclesiastical law. The right of presentation 
 to a church or ecclesiastical bqnefice ; an advowsoa 
 
PATEONUS - PECCATUM. 5 1 5 
 
 Patron ns, /. In the. Roman law. A person who stood in tlie relation of 
 protector to anotlier wlio was called his aliens; a defender or advo- 
 cate ; a patron. 
 
 Patroon. In New York law, the proprietor of land, with manorial 
 privileges ; the lord of a manor. 
 
 Pauiner, I. fr. To touch ; to lay the hand on. Panmer le llvere: to 
 touch the book. 
 
 Pauper, I A poor person ; one who receives aid from the public under 
 laws providing for support of the poor ; oije who has not the means 
 of defraying the expenses of a suit v. In forma pauperis. 
 
 Pawn. To deliver to another in pledge, or as security for a debt. 
 
 Pawn. A bailment of goods to a creditor, as security for some debt or 
 engagement ; a pledge. 
 
 Pawnbroker. A person whose business it is to lend upon security of 
 personal property received in pledge. 
 
 Pawnee. The person to whom a pawn is made. 
 
 Pawnor. The person who pawns or pledges. 
 
 Pax, I. In old English law. Peace ; the peace ; a general state of order 
 and quiet, otherwise called the king's peace, he being the principal 
 conservator of the peace ; freedom from molestation ; the privilege 
 of a member of a legislative assembly. Pax ecclesias: the peace of 
 the church ; a particular privilege attached to a church sanctuary. 
 Pax regis: the king's peace ; a place privileged by the king's pro- 
 tection ; a space afterwards called the verge of the court, extending 
 from the palace gate a distance of three miles, three furlongs, three 
 acres, nine feet, nine palms and nine barley corns. 
 
 Pay. To discharge an obligation by a performance according to its 
 terms or requirements, whether in money, merchandise or services. 
 
 Pay. Money, other property or services accepted in discharge of an 
 obligation. 
 
 Payee. The person to whom payment is made. Payer: the person 
 who pays. 
 
 Payment. The delivery by debtor to creditor of that which pays the 
 debt, whether money, merchandise or services, v. Application. 
 
 Pays, pais, I. fr. In old English law. The country ; a jury ; the country 
 or neighborhood. 
 
 Peace. Quiet, orderly behavior; the quiet, orderly behavior of citi- 
 zens towards one another, and towards the government, v. Bill; 
 Breach; Commission; Justice. 
 In old English law. The concord in a fine of lands. Peace of tJod 
 and the church: that rest which the king's subjects had from 
 trouble and suit of law, between terms and on Sundays and holidays. 
 
 Pcccatum, ^ A fault; a sin. Peccatum peccato addit, qui culpa) 
 quam facit patroclniuni defensionis adjungit: he adds sin to sin 
 who joins to the fault which he has committed the protection of 
 a defense [who after he has committed an offense undertakes to ex- 
 cuse or justify it]. 
 
516 FECIA — PEER 
 
 Pecia, 1. 1. In old English law. A piece. Pecia moneta): a piece of 
 money. Pecia terrse: a piece of land. 
 
 Peculatus, I In the civil law. Ihe ofifense of stealing or embezzling 
 the public money. 
 
 Peculiar. In English ecclesiastical law. An exempt jurisdiction ; a 
 parish exempt from the jurisdiction of the ordinary, and subject to 
 the metropolitan only. 
 
 Pecnilum, I. In the Roman law. A little money or property ; a pri- 
 vate or separate property ; a limited amount of money or property, 
 which a son or servant was allowed to have, separate from the ac- 
 counts or stocks of his father or master. Peculium castrense: the 
 kind of peculium which a son acquired in war, or from his connec- 
 tion with the camp. 
 
 Pecunia, I Originally and radically, property in cattle, or cattle them- 
 selves. 
 In old English law. Pecunia numerata: counted money f money 
 
 paid by count or tala 
 In the civil law. Property in general, real or personal ; any thing 
 that is the subject of private properly; in a narrower sense, per- 
 sonal property, fungible things ; in the strictest sense, money. Pe- 
 cunia non numerata: money not paid. Pecunia trajectitia: money 
 carried across the sea ; money lent to sea, or advanced on the haz- 
 ard of the lender, to carry over the sea. 
 
 Pecuniary, Monetary; pertaining to money. Pecuniary legacy: a 
 legacy of a sum of money ; a gift of a sum of money by will. 
 In English ecclesiastical law. Pecuniary causes: causes arising from 
 the withholding of ecclesiastical dues, or the doing or neglecting of 
 some act relating to the church. 
 
 Pedancus, I. In the Moman law. On, or at the foot ; occupying a low 
 position; a term applied to the judices appointed by the praetor to 
 determine causes. 
 
 Pede pulTerosus, I. In old English and Scots law. Dusty- foot ; a term 
 applied to itinerant merchants, chapmen or peddlers, who attended 
 fairs. V. Piedpoudre. 
 
 Pedem ponere, 1. 1. In civil and old English law. To put or place the 
 foot ; the taking possession of lands by standing on or walking over 
 them, or by merely placing the foot on the ground. 
 
 Pedis abscissio, l. In old English law. The cutting ofE a foot; a pun- 
 ishment anciently inflicted instead of death. 
 In civil and old English law. Pedis positio, pedis possessio: a putting 
 or placing of the foot. v. Pedem ponere. 
 
 Pee, I. fr. Foot ; the foot ; the foot of a finei ' 
 
 Peer. . An equal in rank. 
 In English law. A baron or higher nobleman ; a lord temporal, hav- 
 ing a seat in parliament 
 In feudal law. The vassal of a lord who sat in his court to judge his 
 co-vassals. 
 
PEES — PER. 517 
 
 Pees, t fr. In old English law. Peace ; the concord in a fine of lauds. 
 
 Peine, I. fr. Puuisliment. v. Paine. 
 
 Peisible, L fr. Peaceabla Peisiblement: peaceably. 
 
 Peual. Prescribing, incurring or pertaining to punishment, with a pen- 
 alty annexed. Penal action: an action on a penal statute. Penal 
 bill: an instrument formerly in use, by which a party bound him- 
 self to do a certain thing, or pay a certain sum by way of penalty. 
 Peual statute, penal clause: a statute, or clause of a statute, which 
 forbids an act, and punishes the doing or commission of it. Penal 
 sum: the sura which a bond declares forfeited in case of non-per- 
 formance of a covenant 
 
 Penalty. A punishment ; a punishment imposed by statute for the com 
 mission of a specified offense ; a pecuniary punishment, — a sum oi 
 money by statute to be paid as a punishment for a certain act ; a 
 sum of money agreed on to be paid in case of non-performance of a 
 contract ; a sum of money named in a bond as a forfeit, if the obligor 
 fails to perform according to the condition. 
 
 Pendente, I. Pending; hanging. Pendente lite: pending the suit; 
 during the actual progress of a suit; during litigation; — nihil 
 innovetur [innovandum]: pending the suit nothing should be 
 changed, — no change should be made in the property, as by convey- 
 ance. 
 
 Pendere, I In the civil law. To hang ; to be in suspense ; to be at- 
 tached; to depend upon, or grow out of; to pay, as a penalty. 
 
 Pending^, or depending. A term applied to a writ, sometimes from the 
 day of the teste, and sometimes from the day of tlie return. 
 
 Pendre, I. fr. To hang. Pendu: hung, or hanged. 
 
 Penes, I. In the possession ; in one's possession or power ; under one's 
 control 
 
 Pensio, L In the eivil law. A payment, properly, for the use of a 
 thing. 
 
 Pension. An allowance of money out of the public funds, to be paid 
 periodically, to a person who has rendered special services to the 
 state, as in war. 
 In English law. An annual payment made by each member of the 
 inns of court ; an assembly of the members of the society of Gray's 
 Inn to consult of their affairs. Pension writ: a peremptory order 
 against a member in arrears with his dues. 
 In old English and Scots law. A payment of rent ; an annual rent 
 
 Per anter Tie, I. fr. For the life of another. Per bouche: by the month ; 
 orally. Per my: an old form of parmy or parmi. Per my et per 
 tout: by the half or moiety, and by all ; having each the entire pos- 
 session as well of every parcel as of the whole ; a term descriptive 
 of the mode of possession by joint-tenanta Per pais: by the 
 country; by jury. Per tant: v. Pur. 
 In old English law. Per tout le court: by all the court. 
 
518 PER. 
 
 Per, I. By; through, in consequence of; according to; for; during. 
 Per aiinuni: by the year ; tor the space of a year. Vor capita: by 
 heads; according to the number of persons; as individuals; share 
 and share alike. Per contra: on the other hand. Per curiam, per 
 cur.: by the court. Per diem: per day. Per eqnipollens: by an 
 equivalent [word]. Per expressum: expressly. Per exteriora 
 prsesumi poterit de interloribns: by outward acts we may judge 
 of inward motives. Per fas aut nefas: by right or wrong. Per 
 formam doni: by the form of the gift; by the designation of the 
 giver, and not by the operation of law. Per frandem: by 
 fraud; fraudulently; — et covinam: by fraud and covin.. Per 
 incuriam: through inadvertence. Per infortunium: in criminal 
 law, by misadventure ; homicide of a certain kind, so called. 
 V. Homicide per infortunium. Per legem: by the law; — Anglise: 
 by the law of England; by the curtesy; — terrse: by the law 
 of the land ; by due process of law. Per minas: by threats. Per 
 nomen: by the name. Per iiormam: by the rule; — legis com- 
 munis: by the rule of the common law ; — gtatnti: by the rule 
 of the statuta Per procurationem, per proc': by appointment of 
 power. Per quod: by which ; whereby ; words in a pleading intro- 
 ducing a consequence of law from matters of fact before stated ; 
 the initial words of the clause in a declaration stating "special dam- 
 age; the name of the clause; — actio accrevit: whereby an ac- 
 tion accrued ; — consorti am amislt: whereby he lost the company 
 or society (of his wife) ; a phrase in declarations in trespass by a 
 husband for ill-using his wife, descriptive of the special damage 
 sustained ; — servitium amisit: whereby he lost the service (of his 
 servant) ; a phrase in declarations in trespass by a master for ill- 
 using his servant, descriptive of the special damage sustained by the 
 master. Per saltum: by a leap or bound ; by a sudden movement ; 
 passing over certain proceedings. Per se: by itself ; of itself. Per 
 servltia: by the services; — antehac coiisueta: by the services 
 hitherto accustomed ; — debita: by the services due. Per servi- 
 tium: by the service. Per stirpes: by stocks or roots ; as repre- 
 sentatives of stocks; in right of stocks; a term of the civil law, 
 used to denote that rule of decent and distribution of estates by 
 which the parties entitled take the shares which their stocks (such 
 as a father), if living, would have taken. Per subseqnens matri- 
 moniam: by a subsequent marriage. Per testes: by witnesses. 
 Per totum tempus praidictum: during all the time aforesaid. Per 
 nsucaptionem: by possession; by uninterrupted enjoyment Per 
 verba: by words ; — de futuro: by words of the future (tense) ; a 
 phrase applied to contracta of marriage ; — de prteseuti: by words 
 of the present (tense) ; a phrase applied to contracts of marriao-e. 
 In old English Imv. Per annulum et baculum: by ring and staff 
 or crozier; the symbolical mode of making an ecclesiastical in- 
 
PER — PERCEPTION. 510 
 
 vestiture. Per coiisequens: by oonseq^uence ; consequently. Per 
 considerationcm cnrisc: by the consideration (judgment) of the 
 court. Per corpus: by the body ; by the cluellum or battel, as dis- 
 tinguished from per pairiam; by taking the body, as on an attach- 
 ment Per defaltam: by default Per extensum: at length. Per 
 industriam lioiiiiiiis: by human industry; a term applied to the 
 reclaiming or taming of wild animals. Per legale judicium parinm 
 saoruiu: by the lawful judgment of his peers. Per medietatem 
 lln^use: by half-tongue, v. Bilinguia. Per nictas et bundas: 
 by metes and bounds. Per misadventure: by mischance. Per 
 omnes: by all (the judges). Per pares: by the peers; — saos: 
 by their peers. Per patriaui: by the country; by a jury. Per 
 plegium: by pledge or surety; on bail. Per quae servitia: by 
 which services ; a judicial writ issuing from the note of a fine of 
 lands, for the cognizee of a manor, seigniory, etc., to compel the ten-- 
 ant to attorn. Abolished by the statute 3 & 4 Will. IV., c. 27. Per 
 totam curiam: by the whole court Per vadium: by gage ; words 
 in the old writs of attachment or pone. Per visum: by view ; 
 — ecclesise: by view of the church ; under the supervision of the 
 church, as the disposition of intestate's goods per visum ecclesice, in 
 Magna Charta; — juratornm: by a view of the jury. Per vivam 
 vocem: by the living voice ; the same with viva voce. ' 
 In the civil law. Per alluvionem: by alluvion; — id videtur adjici, 
 qnod ita paulatim adjieitur, ut intelligere uon possimns quan- 
 tum quoquo momcnto temporis adjiciatiir: that is considered to lie 
 added by alluvion which is added so gradually that we cannot per- 
 ceive how much is added at any moment of time. Per aversionem: 
 by turning away; a sale in which the goods are taken in bulk, and 
 for a single price, or where land is sold in gross, as so many acrea 
 Per universitatem: by the whole or entirety ; as a whole ; in gen- 
 eral, a terra applied to the acquisition of entire estates, as distin- 
 guished from single or separate articles of property. 
 In the Roman law. Per ass et librani: by brazen coin and balance ; 
 a term applied to the ceremony of emancipatmg a son, or making a 
 will by sti'iking with a brazen coin a balance held by a person called 
 libripens (balance holder). 
 
 Perambulatio, I. I. In old English law. Perambulation ; a perambu- 
 lation. 
 
 Perambulation. A walking through, about or over ; a going round a 
 place to settle its boundaries, or for other purposes. 
 
 Peramont, I. fr Above. 
 
 Peravaile, i. /r. Below. Peravale de son molin: below his mill. 
 
 Percennarius, I. I. In old English law. A parcener; one of several 
 commoners. 
 
 Perception. A taking or receiving. 
 
520 PERCLOSE — PERICULUM. 
 
 Perclose, perclos, I. fr. In old English law. The latter part or con- 
 clusion, as of a writ, plea or indictment. 
 
 Percntere, I. In old English law. To strike. Percutere dnellum: to 
 strike the duel ; to engage or join in the combat Percussit: (he) 
 struck. 
 
 Perdonare, pardonare, I. I. In old English law. To pardon. Per- 
 donavimns: we have pardoned. 
 
 Perdonatio, Z. Z. In old English law. A pardoning ; a pardon. 
 
 Perdre, I. fr. To lose. Pert: loses. Perdu: lost. 
 
 Perduelllo, I. In the civil law. Treason; hostility against the state 
 or prince ; an attempt against the state, the prince or his ministers. 
 
 Peremptorlns, I. In the civil law. That which destroys or defeats, not 
 for a time, but forever. 
 
 Peremptory. Strictly, that which destroys, or wholly and at once de- 
 feats ; that which disposes of a matter at once, and without dela}' ; 
 that which admits of no delay or argument ; that which is absolute, 
 imperative, decisive, final ; that for which no reason need be as- 
 signed. Peremptory challenge: a species of challenge which a 
 prisoner is allowed to have against a certain number of jurors, with- 
 out showing cause. Peremptory exception: a pleading having 
 the legal effect of a general demurrer. Peremptory mandamus: 
 a writ of mandamus which requires an act to be done, without 
 any alternative of showing of cause against it Peremptory plea: a 
 plea founded on matter which tends to impeach or destroy the 
 plaintiff's right of action ; a plea in bar. Peremptory rule: an ab- 
 solute rule; a i-ule without any condition or alternative of showing 
 cause. 
 
 Perfect. To complete in form of law. Perfect bail: to justify after 
 ex6eption, so as to render absolute. Perfect judgment: to enter 
 judgment on record, and file and docket the record. 
 
 Perfectum est cui nihil deest secundum suae perfectionis vel naturae 
 modum, I. That is perfect to which nothing is wanting, according 
 to the measure of its perfection or nature. 
 
 Performance. Accomplishment ; consummation ; such a fulfillment of a 
 duty as puts an end to the obligation by leaving nothing more to bo 
 done. v. Part performance; Specific performance. 
 
 Periculo petentis, I. At the risk of the suitor. 
 
 Periculosus, L Dangerous ; perilous. 
 
 Periculosura est res novas et inusitatas iuducere, /. It is perilous or 
 hazardous to introduce new and untried things. Periculosum ex- 
 istimo quod honorum virorum non comprobatur exonplo: I think 
 that dangerous which is not warranted or approved by the example 
 of good men. 
 
 Periculum, Z. Peril; danger; hazard; risk. Periculum rei venditas 
 nondnm traditae, est emptoris: the risk of an article sold, but not 
 yet delivered, is the buyer'a 
 
PERICULUM — PERQUISITIO. 521 
 
 In the civil law. Perlculnm rei venditas statim ad emptorem per- 
 tinet, tametsl adliuc ea res emptori tradita non sit: the risk of a 
 thing sold immediately attaches to the buyer, although the article 
 itself be not yet delivered to him. 
 
 Perils of the sea. In maritime and insurance law, the natural accidents 
 peculiar to the sea, which do not happen by the intervention of man, 
 and are not to be prevented by human prudence. 
 
 Perinde valere, 1. 1. In English ecclesiastical law. To be equally valid ; 
 a writ of dispensation granted to a clerk admitted to a benefice 
 without capacity. * 
 
 Period. A space of time; any portion of complete time. 
 
 Perjurinm, 1. In civil and old English law. Perjury; the breach oi 
 an oath ; the making of a false oath. 
 
 Perjury. False swearing; the making of a false oath; the breach of 
 an oath. The offense is defined in most of the states by statute. 
 V, Subornation. 
 
 Permissive waste. Waste which is allowed or suffered. 
 
 Permutatio, 1. in the civil law. Exchange ; barter. 
 
 Pernancy. Taking ; a taking or receiving, as of the pi'ofits of an estate. 
 
 Pernor, Pernour, I fr. A taker ; a receiver. 
 
 Perpetua lex, ?. A perpetual .law. Perpetua lex est nullain legem 
 liunianam ac positi>am perpetuam esse, et clausula qua? abroga- 
 tionem excludit ab initio non valet: it is a perpetual law that no 
 human and positive.law can be perpetual, and a clause [in a law] 
 which precludes the power of abrogation is void ab initio. 
 
 Perpetual curacy. In English ecclesiastical law. A place of divine 
 worship, having parochial rights, of which the incumbent is not re- 
 movable at pleasure by the rector or vicar of any supposed mother 
 church. 
 
 Perpetuating testimony. The taking of testimony, usually by bill in 
 equity, but sometimes by proceedings at law, in order to preserve it 
 for future use, where it is in danger of being lost before the matter 
 to which it relates can be made the subject of judicial investiga- 
 tion. 
 
 Perpetuity. The quality of indefinite duration without change; the 
 quality by which an estate becomes inalienable either perpetually, or 
 for a very long period; a modification of an estate by which it ie 
 made inalienable perpetually or indefinitely ; a modification of an 
 estate by which it is made inalienable beyond the period allowed by 
 law, — the period of a life or lives in being and twenty-one years 
 with the term of gestation added in case of a posthumous child ; tht 
 estate so modified or perpetuated. 
 
 Perquirere, I. I. In feudal law. To gain or acquire ; to acquire by 
 one's own act ; to purchase. 
 
 Perquisitio, L 1. In feudal law. Purchase. 
 
522 PERSECUTIO — PERSONAL. 
 
 Persecntlo, I. In the civil law. A following after ; a pursuing at law ; 
 a suit or prosecution ; properly, that kind of judicial proceeding 
 before the prsetor which was called extraordinary. 
 
 Persequi, I. In tJie civil law. To follow after ; to pursue or claim in 
 form of law. 
 
 Persewar, o. sc. In old Soots law. Pursuer ; plaintiflE or prosecutor. 
 
 Person. A human being, considered as the subject of rights, as dis- 
 tinguished from a thing whether animate or iuaninjiate ; a corpora- 
 tion or body politic, an artificial person ci'eated by law for the pur- 
 poses of society and government , 
 
 Persona, I. In old English law. A person ; a parson ; character ; ca- 
 pacity. Persona conjuncta wquiparatur interesse proprio: a 
 personal connection [literally, a united person, union with a person] 
 is equivalent to one's own interest; n?arness of blood is as good a 
 consideration as one's own interest. Persona impersonata: a par- 
 son imparsonee. Persona praedilecta: a person particularly favored. 
 Persona standi in jndicio: capacity of standing in court or in judg- 
 ment ; capacity to be a party to an action ; capacity or ability to sue. 
 In the civil law. A person ; character ; capacity. Persona est liomo, 
 cum statu quodaui consideratus: a person is a human being, con- 
 sidered with reference to a certain status, condition or quality. 
 
 Personable. In old English law. Able to maiutain a plea in court; 
 having capacity to sue ; of capacity to take a thing granted or given. 
 
 Personal. Pertaining to the person ; belonging to, or following the per- 
 son ; relating to, or affecting the person ; against the person. Per- 
 sonal action: an action against the person, an action founded on 
 personal obligation ; an action by which a person claims a debt, or 
 personal duty, or damages in lieu thereof, or by which a person 
 claims a satisfaction in damages for some injury done to his person 
 or property. Personal assets: personal property in the hands of an 
 executor or administrator, chargeable with the debts or legacies, and 
 applicable to their payment Personal chattels: things movable 
 which may be annexed to or attendant on the person of the owner. 
 Personal contract: a contract respecting personal property. Per- 
 sonal estate: personal property. Personal liberty: the right or 
 power of moving one's person from place to place according to in- 
 clination without restraint, unless by due course of law. Personal 
 property: property not of a freehold nature, not descendible to the 
 heirs at law, — usually consisting of things temporary and movable^ 
 Personal representatives: executors or administrators. Personal 
 rights: V. Bights of persons. Personal security: a person's legal* 
 and uninterrupted enjoyment of his life, his limbs, liis body, his 
 health, and his reputation. 
 In English law. Personal statutes: statutes which respect pei-sonal 
 transitory contracts, as common loans or insurances. 
 
PERSONAL — PETIT. 523 
 
 In foreign and modern civil law. Personal statutes: statutes which 
 have principally for their object the person, and treat of property 
 only incidentally. 
 Personalis actio, I. In old English law. A personal action. 
 
 In the civil law. A personal action ; an action against the person. 
 Personallter, I In old English law. Personally ; in person. Person- 
 
 aliter compareat: shall pei-sonally appear. 
 Personality. That quality of a law which concerns the condition, state 
 
 and capacity of persons. 
 Personalty. Personal property, — including ervery thing movable, 
 whether animate or inanimate, which is the subject of property, 
 and sometimes things quasi movable, as tenant's fixtures; and 
 whether tangible or not, such as choses in action, or things which 
 cannot be beneficially obtained without suit ; and also some descrip- 
 tions of interest connected with and issuing out of realty, such as 
 leases for years. 
 Personation. Acting as a person, or for a person ; the representation 
 of a person ; an acting in the character of another, v. False per- 
 sonation. 
 Perspicua vera non sunt probanda, I. Plain truths are not to be 
 
 proved. 
 Pertinens, I. In old English law. Pertaining ; belonging ; appurte- 
 nant; appendant. 
 Pertineutiai, ?. I. In old English law. Appurtenances, or, as anciently 
 written, appertinanoes; things belonging to or incident to another 
 thing. Fertinentise pertinentiarnm: the appurtenances of appur- 
 tenances. ' 
 Pertinents. In Scots law. Appurtenances. 
 
 Pesclierie, peslcerye, I. fr. In old English law. Fishery ; a fishery. 
 Petens, I. In old English law. A demandant ; the actor in a real ac- 
 tion. 
 Petere, L In the civil law. To ask or request ; to pray, to demand. 
 Petit, /. In old English law. Prays ; demands. Petit audituni: prays 
 
 oyer. Petit judicium: prays judgment 
 Petit, petyt, petite, I. fr. Small ; little ; petty. Petit or petty jury: 
 small jury; the ordinary jury of twelve men. Petit or petty lar- 
 ceny: larceny, in old law, to the value of twelve pence, or under. 
 In English law. Petite assise: the small assise ; a recognizance of 
 twelve jurors as to the right of a plaintiff on the possession. Petit or 
 petty serjeanty: a species of tenure in socage, consisting in holding 
 of the king by the service of rendering to him annually some small 
 implement of war, as a bow, a sword, or the like. 
 In old English law. Petit treason: the offense of killing a master, or 
 a liusband. Petit cape: little cape; a writ of cape against a vouchee 
 who had appeared and made default 
 
524 PETITIO— PIE. 
 
 Petltio, i!. A petition ; a demand. Petitio principii: a begging of the 
 question. 
 In old English law. Petition or demand ; the eount in a real action ; 
 the form of words in which a title to land was stated by the de- 
 mandant. 
 In the civil law. The actor's statement of his cause of action, in an 
 action in rem. 
 
 Petition. An application to a court in writing, in contradistinction to 
 a motion, which may be viva voce. 
 In old English law. Petition of right: a parliamentary declaration 
 of the liberties of the people, assented to by Charles L v. Petition 
 de droit; Right of petition. 
 
 Petition de droit, I. fr. In- English practice. A petition of right ; a 
 form of proceeding to obtain restitution from the crown of either 
 real or personal property. 
 
 Petitioner. Tlie person who pi-esents a petition. 
 
 Petitor, I. In the Roman law. A plaintiff or actor, particularly in an 
 action in rem; a demandant 
 
 Petitory. Having the quality of a demand or petition ; resting in de- 
 mand; claiming title merely, without possession. Petitory suit: 
 a suit in admiralty in which the mere title to property is litigated 
 and sought to be enforced. 
 In Scots law. An action in which the pursuer claims something as 
 due or belonging to him. 
 
 Peto, I. In old English law. I demand ; the word with which a de- 
 mandant's count commenced. Peto versus talem tantiim terree 
 cum pertinentiis, in tali villa, nt dotem meam: I demand against 
 such a one, so much land, with the appurtenances, in such a town, 
 as my dower. 
 In the Roman law. I request; a common word by which a fidei- 
 commissum, or trust, was created in a will. 
 
 Petty. Small ; inferior. Petty average: such charges and disburse- 
 ments as, according to custom, the master necessarily furnishes for 
 the benefit of the ship and cargo, v. Petit. 
 In English lata. Petty bag office: one of the offices on the common- 
 law side of the court of chancery from whicli issued writs in crown 
 matters. Petty constable: the ordinary kind of constable in towns 
 and parishes, as distinguished from the high constable of the hun- 
 dred. 
 
 Physical fact. A fact the existence of which may be perceived by the 
 senses. 
 
 Piecage. In old English law. Money paid at fairs- for leave to breali 
 the ground, to set up booths or stalls. 
 
 Pickery, sc In Scots law. Petty theft 
 
 Pie, pee, pe, I. fr. A foot Piez, pez: feet. 
 
PIED-PLACITA. 525 
 
 Pied poiidrc, piepoudre, I. fr. In old English law. Dusty-foot; a 
 term applied to itinerant merchants, chapmen or peddlers, who at- 
 tended fairs. V. Pipowder. 
 Pightel. In old English law. A small parcel of laud enclosed with b 
 hedge ; a little close. 
 
 Pignerare, 1. In the civil law. To pledge ; to deposit on pledge. 
 
 Pi^noratio, I In modern civil law. The taking of cattle doing dam- 
 age, by way of pledge, till satisfaction is made. 
 
 Pi^noratitia actio, /. In the civil law. An action on a pledge, which 
 was either direeta, for the debtor, after payment of the debt, or con- 
 traria, for the creditor. 
 
 Pignus, I, In the civil law. A pledge or pawn ; a delivery of a thing 
 to a creditor, as security for a debt ; the thing delivered. Pignoris 
 appellatione earn proprie rem contineri diciinas, quaj siniul etiam 
 traditur creditori, maxime si mobilis sit: under the title of pig- 
 nus (pledge), we declare, is properly included the thing itself, which 
 at the same time is delivered to the creditor, especially if it be mov- 
 able. 
 
 Pillory. An engine for the punishment of offenders, intended more 
 for the infliction of disgrace than of pain. 
 
 Pilotage. The charge or compensation allowed for piloting a vessel. 
 
 Pin money. Money allowed to, or settled on, a wife, for the purpose of 
 supplying her with dress and the means of defraying her other per- 
 sonal expenses. 
 
 Piperoll. A great roll of accounts kept in the English Exchequer. 
 
 Pipowder, piepoudre. In English law. The name of a court held for 
 fairs and markets. 
 
 Piracy. Robbery on the high seas, done animo furandi, in the spirit of 
 univei'sal hostility. 
 
 Pirate. A robber on the high seas. 
 
 Piscaria, I. L In old English laio. Fishery ; a fishery. 
 
 Piscary. Fishery ; a liberty of fishing in the waters of another. 
 
 Pit and gallows. In old Scots law. The right to punish thieves by 
 drowning and hanging. 
 
 Place. Pleas; any locality limited by boundaries, whether large or 
 smalli Place where: v. Locus in quo. 
 
 Placea, I I. In old English law. A place. 
 
 Placeta, I I. In old English law. A place, as applied to a house ; as ap- 
 plied to lands, a piebe or parcel. Placeta messuagii: a place of 
 messuage. Placeta pasture: a piece of pasture. 
 
 Placita, I. I. The caption or title of a judgment record ; so called from 
 its initial word when in Latin. 
 In old English law. Pleas; pleadings; judicial proceedings; suits; 
 debates and trials at law : penalties, fines, mulcts or emendations 
 in the exchequer. Placita communla: common pleas or suits ; civil 
 actions between subject and subject Placita corona;: pleas of tlio 
 
520 PLACITA — PLEA. 
 
 crown. Placita criminalia: criminal pleas. Placitajnris: pleas, 
 
 or determinations (tbat is, arbitrary rules), of law. v. Eeceditur a 
 placitis, etc 
 In the civil lau\ The decrees or constitutions of the emperor ; being 
 the expressions of his will and pleasure. 
 
 Placitabile^ I. I. In old English law. Pleadable. 
 
 Placltameiitiiin, 1 1. In old English law. The pleading of a cause. 
 
 Flacitare, I. I In old English law. To plead ; to state to a court in 
 form of law ; to litigate ; to make the subject of a plea or action ; 
 to implead or prosecute. Placitantur placita: pleas are pleaded. 
 Placitavit: he pleaded. 
 
 Placitator, I. L In old English law. A pleader. 
 
 Placituin^ I. I. In old English law. A court; a cause or suit in court; 
 a proceeding in court, particularly a pleading ; a. day in court ; a 
 plea, an allegation of fact by a defendant Placitum commane: a 
 common plea or action. Plncltuin de debito: a plea of debt 
 Placitum de recto: an action or writ of right Placitum uomina- 
 tum: a day appointed for the defepdant to plead or answer. Placi- 
 tum pendens: a plea pending. Placitum principale et incidens: 
 a principal and a collateral suit 
 In feudal late. An assembly of the king and great men of the realm ; 
 
 an assembly or court of freeholders or vassals; a court of justice. 
 In the civil law. An agreement of parties ; an imperial ordinance or 
 constitution ; a judgment, decree or sentence of a court 
 
 Plagiarius, /. In the civil law. A man stealer; a kidnaper. 
 
 Plagium,;. In the civil law. Man-stealing; kidnaping. 
 
 Plaint. In English law. A private memorial tendered in open court 
 to the judge, wherein the party injured sets forth his cause of ac- 
 tion ; a proceeding in inferior courts, without original writ 
 
 Plaintift'. The complaining party in an action at law ; the party bring- 
 ing an action, and so named on the record. Plaintiff in error: the 
 party who sues out a writ of error. 
 
 Plantatio, I In the civil law. Planting ; one of the modes of acquir- 
 ing property by accession. 
 
 Play, pie, Z. fr. • In old English laio. A plea, or action. 
 
 Plea. At law, an answer alleging fact which the defendant opposes to 
 the plaintiff's declaration ; in equity, a short answer in bar of the 
 suit setting up facts which, if inserted in the bill, would have rendered 
 it demurrable, v. Abatement; Avoidance; Confession;, Dilatory; 
 Puis darrein, etc. Plea In abatement: a plea which goes to abate 
 the plaintiff's action, that is, to suspend or put it off. Plea in bar: 
 a plea which goes to bar the plaintiff's action, that is, to defeat it 
 altogether. 
 In old English late. A suit or action, — a sense in which the word is 
 used in modern declarations in which the plaintiff complains of the 
 defendant of a plea, etc ; an allegation made by a party in a cause ; 
 
PLEA - PLEDGER. 5 27 
 
 a pleading; in a stricter sense, an allegation of fact in a cause, as 
 distinguished from a demurrer. 
 
 Plead. Originally, to litiijate, to carry on a plea ; in a stricter sense, to 
 conduct that part of an action which consists in the allegations of 
 the respective parties; to make an allegation of fact in a cause; to 
 make that allegation of fact, on the part of a defendant, which fol- 
 lows and is opposed to the declaration. 
 
 Pleader. A person professionally employed to manage another's cause 
 for him, particularly to plead orally, or argue for him in court 
 V. Special pleader. 
 
 Pleading. The process of making allegation in a cause by a series of 
 ■written statements proceeding from the parties in alternate order, 
 so as to develop the essential point in controversy, termed the issue ; 
 at law, that system or science of statement in the common law by 
 which the allegations of the respective parties are so regulated as 
 to produce a single, certain and material issue ; in equity, the formal 
 method of placing the statements of the parties before the court, — 
 a less technical procedure than pleading at law, the substance of the 
 statements being regarded, rather than their precise verbal form. 
 
 Pleadings. The formal written allegations of the respective parties to 
 a suit ; at law, the plaintiff's declaration, the defendant's plea, the 
 plaintiflC's replication, the defendant's rejoinder, the pl'aintiff's sur- 
 rejoinder, the defendant's rebutter, the plaintiff's snr-rebutter, and 
 so on, by allegations having further no names ; in equity, the com- 
 plainant's bill, the defendant's answer, and the complainant's repli- 
 cation. 
 
 Pleas of the crown. In English law. Criminal prosecutions, so called 
 because conducted at the suit of the crown ; criminal law. 
 
 Plebiscitnra, I. In the Roman law. A law enacted by the plebs or 
 commonalty at the request, or on the proposition, of a plebeian 
 magistrate. 
 
 Plebs, I. In the Roman law. The commonalty, or citizens, exclusive 
 of the patricians and senators. 
 
 Pledable, I. fr. That may be brought or conducted, as an action, or 
 plea, as it was formerly called. 
 
 Pleder, I. fr. In old English law. To plead ; to put in a plea ; to con- 
 duct an action. 
 
 Pledge. A bailment of goods to a creditor, as security for some debt or 
 engagement ; the thing so bailed. 
 In old English law. A surety ; a person who undertook or became 
 responsible for another. Pledges to prosecute: persons who be- 
 came sureties for the plaintiff in a civil action, and were with him 
 liable to be amerced, if he deserted or lost his suit. 
 
 Pledgee. Tlie person to whom goods are pledged, or delivered in 
 pledge. 
 
 Pledger, pledgor. The person who delivers goods in pledge ; the person 
 who pledges. 
 
528 PLEE — PLEVINA. 
 
 I 
 
 Plee, I. fr. In old English law. An action or suit ; a plea, in the an- 
 cient sense of the word ; a plea, in the modern sense. 
 
 Plcggage, I. fr. In old English law. Suretyship. 
 
 Plegge, 1. fr. In old English law. A pledge. Plegges de sner: pledges 
 to prosecuta ^ 
 
 Plegiabilis, 1. 1 In old English law. That may be pledged ; the sub- 
 ject of pledge or security. 
 
 Plegiagiiim, /. I. In old English law. Suretyship. 
 
 Plegiare, I. I. In old English law. To pledge ; to undertake ; to be- 
 come responsible for. 
 
 Pleginm ad standum recto, plegios ad standnm recto, or plegios de 
 stando ad rectum, I. Security to appear and answer to an accusation. 
 
 Plegiiis, pleggins, ?. Z. In old English law. A pledge. Plegil ad prose- 
 quendnm, or de prosequendo: pledges to prosecute. Plegii de re- 
 torno habendo: sureties for a return in replevin. Plegii quleti ernnt 
 de plevina, nisi gratis Yelint eos sub eadein plevina retinere: the 
 pledges shall be quit of their engagement, unless tiiey voluntarily 
 choose to Jieep them under the same engagement. 
 
 Pleiiie age, I. fr. In old English law. Full age. 
 
 Pleinement, pleinment, I. fr. In old English law. Fully. Pleine- 
 ment administre: fully administered. 
 
 Plena, I. Full. 
 In old English law. Plena setas: full age. 
 
 In the civil law. Plena probatio: full proof; proof by two wit- 
 nesses or a public instrument 
 
 Plenarie, I. I Fully. , ' 
 
 Plenarty. In English law. Fjalness ; a state of being full ; applied to 
 a benefice when full, or possessed by an incumbent. 
 
 Plenary. Full; complete; without abridgment. / 
 
 Plene administraTit, I. I. He has fully administered ; a plea by an exec- 
 utor or administrator, that he has fully administered all the assets 
 that have come to his hands. Plene adrainistravit prseter: he 
 has fully administered, except; a like plea excepting assets to a cer- 
 tain amount, which are not sufficient to satisfy the plaintiff's demand. 
 Plene administraverunt: they have fully administered. Plene 
 computavit: he has fully accounted; a plea in an action of account 
 
 Plenipotentiary. One who has full power to do a thing, a person fully 
 commissioned to act for another, — applied, in international law, to 
 ministers and envoys of the second rank of public ministers. 
 
 Plenum, /. Full. 
 In old English law. .Plenum rectum: full right; formal words in old 
 
 writs, particularly writs of right 
 In the civil law. Plenum dominium: full ownership ; the property 
 in a thing united with the usufruct. 
 
 Plevia, I I. In old English law. Pledge ; security. 
 
 Plevina, I. I. In old English law. The engagement, undertaking or 
 liability of a pledge or surety. 
 
PLEVINE — PCENA. 529 
 
 PlCTlne, I fr. In old English law. Security by pledge ; the engage- 
 ment of a pledge. 
 
 Plevys, I fr. Pledged ; under pledge. 
 
 Pleyn, I. fr. In old English laiv. Full 
 
 Pleyndre, L fr. In old English law. To complain. 
 
 Pleynte, I fr. In old English law. A plaint or complaint 
 
 Pleyntyfe, I fr. In old English law. Plaintiff; a plaintiff; a com- 
 plaining party. 
 
 Plight. In old English law. The habit and quality of a thing, or an 
 estate or right therein. 
 
 Plonghhote. An allowance of wood made to a tenant, for repairing 
 ^ his ploughs and other instruments of husbandry. 
 
 Ploughlaud. In old English law. A quantity of land allotted for the- 
 work of one plough ; a carucate or carve of land. 
 
 Plunder. To take from person or place by open force ; to take without 
 right 
 
 Plural. Containing or designating more than one ; consisting of two 
 or more. 
 
 Pluralis numerns est duobus contentus, I The plural number is con-- 
 tained in two. 
 
 Plnres eandem rem in solidum possidere non possniit, I. Several' 
 persons cannot possess the same thing exclusively [or so that both . 
 have the whole property at the same time]. 
 
 Pluries, I. Oftentimes; many times; frequently; the emphatic word 
 of a clause in the Latin form of a writ issued after a first and second 
 of the same kind had been issued without effect ; the writ so issued. 
 The fourth writ is called the second pluries. 
 
 Plnris petitio, I. In Scots law. A demand of more than is due. 
 
 Plus, I. More. Pluspeccat author quain actor: the originator or in- 
 stigator of a crime is a worse offender than the actual perpetrator 
 of it Plus Talet unas oculatus testis quam auriti decern: one 
 eye-witness is of more weight than ten ear-witnesses (or those who 
 speak from hearsay). 
 
 Poaching. In English law. The unlawful entry on land, for the pur- 
 pose of taking or destroying game ; the taking or destruction of 
 game on another's land. 
 
 Pocket sheriff. In English law. A sheriff appointed by the crown,, 
 without the usual form of nomination by the judges of the ex- 
 chequer. 
 
 Poer, poeir, poair, I. fr. Power ; authority. 
 
 Poena, 2. Punishment ; a penalty ; also, it would seem, damages. Poena 
 ex delicto defuncti h^eres teneri non debet: the heir ought not to 
 be bound by a penalty arising out of the wrongful act of the de- 
 ceased. Poena snos tenere debet actores [auctores] et non alios: 
 punishment ought to bind its own authors [those who have caused 
 it], and not others. 
 34 
 
530 PCENA — PONATUR 
 
 In old English law. Poena corporalis: corporal punishment Poena 
 pccnniaria: pecuniary punishment Poena pilloralis: punishment 
 of the pillory. 
 In the civil law. Punishment ; a penalty. 
 
 Poenalis, I. In the civil law. Penal ; imposing a penalty ; claiming or 
 enforcing a penalty, v. In poenalibus, etc. 
 
 Foeuitentia, I. In the civil law. Repentance; a change of mind or 
 purpose ; the i-escinding of a contract, v. Locus pcenitentice. 
 
 Poinding, poynding. hi Scots law. A taking of goods, etc., in execu- 
 tion, or by way of distress. 
 
 Point, poynt, pointe, I. fr. An article; a point; in old law, a writ or 
 statute. Points de nous brefs: the points of our writs. 
 
 Police, fr. hi French law. Policy ; a policy. Police d'assnrance: a 
 policy of insurance; the contract of insurance. Police de charge- 
 ment: a bill of lading. 
 
 Police. Public polity affecting health, morals, liberty, safety and hap- 
 piness ; regulations for promoting the same ; the body of officers, 
 particularly in a municipality like a city, whose duty it is to enforce 
 those regulations. Police court: a municipal court having, in gen- 
 eral, jurisdiction of offenses against such regulations. Police magis- 
 trate: a magistrate having the powers, and charged with the duties, 
 of a conservator or justice of the peace. Police power: the power 
 of a state to make regulations to promote the health, peace, morals, 
 education, and good order of the people. 
 
 Policy. A system of public administration designed to promote the 
 prosperity of a state ; a written instrument expressive of a contract 
 of insurance, by the execution of which insurance is effected. 
 
 Political. Relating to public policj-. Political oflBce: an office not 
 immediately connected with the execution of the mandates of a 
 superior, nor with the administration of justice. Political rights: 
 rights in the formation and administration of government 
 
 Poll. To single out, one by one, a number of persons; to examine 
 separately each juror as to his concurrence in the verdict rendered. 
 
 Poll. A head; an individual person, v. Challenge. Poll-tax: a tax 
 levied by the head or ppll ; a capitation tax. 
 
 Poll. Cut or shaved smooth or even ; cut in a straight line, without in- 
 dentation ; anciently applied to a deed, and still used, but with little 
 meaning, v. Deed poll. 
 
 PolUcitatio, I. In the civil law. A promise, without mutuality. 
 
 Polygamia, gr.-l. In old English latv. Polygamy. Polygamia est 
 pluriuni simnl viroriim uxorumve connubium: polygamy is the 
 marriage of several husbands or wives at the same time. 
 
 Polygamy. The marrying of many ; the offense of having several wives 
 or husbands at the same time. 
 
 Fonatur Jndicinm usqne ad baneam, I The judgment shall be put off 
 to the bench. 
 
PONDERANTUR — PORT. 531 
 
 Ponderantur testes, non nnmerantur, I. Witnesses are weighed, not 
 counted ; that is, they are estimated by the weight or importance of 
 their testimony, and not by their number. 
 
 Fondas, L In old English law. Weight; poundage; a duty paid to 
 the king, according to the weight and measure of merchants' goods. 
 Pondus regris: the king's weight ; the standard weight 
 
 Pone, I In English laio. Put ; the name of a writ by which the pro- 
 ceedings in an action in the county court may be removed into one 
 of the superior courts. Pone per vadium et salvos pleg'ios: put 
 by gage and safe pledges ; a writ of attachment to compel the appear^ 
 ance of a defendant who has not appeared to the original writ. 
 
 Ponere, L In old English law. To put ; to put upon ; to lay, to im- 
 pose or assess ; to put to, to compel ; to introduce one's person ; to 
 submit to, as to a jury ; to place under liability ; to place among ; 
 to record one's name with others, as a juror ; to substitute ; to set 
 or let ; to put or set to ; to affix, as a seal to an exception ; to fix or 
 assign ; to put off or postpone. Ponere ad legem: to put to his 
 law. Ponere in respectum: to put in respite. Ponere per ballium: 
 to put by bail. 
 
 Ponit loco sno, I Puts in his place. Ponit se inde in Deo et magna 
 assisa: put himself thereof on God and on the grand assize. Ponit 
 se super lingnas vestras: rests his fate upon your words. Ponit 
 se snper patriam: he puts himself on the country. 
 
 Pontage. In old English law. A tax towards the maintenance or re- 
 pair of bridges ; a toll for passing a bridge. 
 
 Pool. The stake played for in a game of cards ; a combination of com- 
 modities, interests or earnings for the mutual advantage of the per- 
 sons combining, and the disadvantage, possibly, of outsiders, — in 
 effect a quasi partnership. 
 
 Popular. Relating or belonging to, or obtaining among, the people. 
 Popular action: an action for a statutory penalty or forfeiture, 
 given to any person who will sue for it ; an action given to the peo- 
 ple in general. Popular sense: applied to words in a statute, the 
 sense in which they are understood by persons convei-sant with the 
 subject-matter. 
 
 Popriliscitum, I. I. In Roman law. An enactment, law or ordinance 
 made by the populus, or whole Roman people ; an ordinance made 
 by the comitia centuriata. 
 
 Populus, I. In the Roman law. The people ; the whole body of the 
 citizens, including, with the plehs or commonalty, the patricians and 
 senators. 
 
 Por, I fr. For. Por ee: for this ; therefore. Por quei; wherefore. 
 
 Port, A place for the importation and exportation of goods and mer- 
 chandise; a place for the Jading and unlading of vessels, and the 
 collection of duties on imports and exports ; a shelter or safe station 
 for vessels, v. Home port. Port of delivery: the port of unlad- 
 
532 PORT — POSSESSIO. 
 
 ing. Port of destination: in a time policy, may mean any foreign 
 port to which the vessel is destined, and any usual stopping place 
 for lading and unlading. Port of discliarge: a place at which it 
 is usual to discharge cargo, and to which the vessel is destined for 
 that purpose. Port of entry: a port for the entry of vessels for the 
 discharge of cargo subject to customs duties. Port-risk: in the law 
 of insurance, a risk upon a vessel lying in port 
 
 Portare, I. I. In old English law. To bear ; to bring. Portare as- 
 sisam: to bring an assise. 
 
 Portari, I. In the civil law. Tp be carried. 
 
 Portatica, I. I. In old English law. Port-duties. 
 
 Portenta in lege, I. Monstrosities in law ; unheard-of positions. 
 
 Porteons, portuons, portuis, o. sc. In old Scots law. A roll or cata- 
 logue containing the names of indicted persons, delivered to the 
 coroner, to be attached and arrested by him. 
 
 Porter, Z./r. To bear; to bring. Port action: brought action. Por- 
 ter date: to bear data Porter foy: to bear faith, an expression in 
 the old oath of fealty. Porter record: to bear record. 
 
 Portgreve, portreeve. In old English law. The chief officer of a 
 port ; the chief officer of a town or city, especially a sea-port town. 
 
 Portloner. In Scots law. The proprietor of a small feu or portion of 
 land. 
 
 Portorinm, 11 In old European law. A tax or toll levied at the gates 
 of cities for the reparation of roads ; a tax levied at ports ; a port 
 duty. 
 
 Portmote, sax. In old English law. A court held in ports or haven 
 towns, and sometimes also in inland towns. 
 
 Portuforium, LI In Scots law. Porteous ; the porteous or porteous 
 roll. 
 
 Poser, I. fr. To put ; to set at ; to put a question. 
 
 Positive law. Law ordained and enforced by sovereign political au- 
 thority, as distinguished from the law of nature. 
 
 Positivi juris, 1. 1. Of positive law. 
 
 Posito, 1 1. Put ; suppose. Posito uno oppositorum, negator alteram: 
 one of two opposite positions being affirmed, the other is denied. 
 
 Posse, I, To be able; to be possible; possibility; ability; power; a 
 force ; a number of persons summoned to assist a sheriff in the exe- 
 cution of process. Posse comitatus: the power or force of the 
 county ; the entire population of a county above the age of fifteen, 
 which a sheriff may summon to his assistance in certain cases. 
 In old English law. Posse balliviiB: the power of the bailiwick. 
 
 Possessio, 1. In old English law. Possession ; seisin ; the detention of 
 a corporeal thing by intent and act, aided by some support of right. 
 Possessio fratris: possession of a brother, the kind of possession 
 which would make his sister of the whole blood his heir, in prefer- 
 ence to a brother of the half blood ; — de f eodo simplicl facit so- 
 
P0SSE8SI0 — POST. 533 
 
 rorem esse hseredem: the brother's possession of an estate in fee- 
 simple makes the sister to be heir. 
 In the dvil law. That condition of fact under which one can exer- 
 cise his power over a corporeal thing at his pleasure, to the exclusion 
 of all others. Possessio bonornm: the possession of goods. 
 
 Possession. The state of having a corporeal thing in one's hands or 
 power, or under one's control. It is actual when it exists in fact, 
 and constructive when it exists only in contemplation of law. 
 V. Adverse possession. 
 
 Possessor. One who possesses ; one who has possession. 
 
 Possessorius, 1. 1. In old English law. Possessory. 
 
 Possessory. Relating to possession ; founded on possession ; contem- 
 plating or claiming possession. Possessory action: an action claim- 
 ing possession, or the right of possession; an action brought to 
 recover possession ; an action founded on possession. 
 In Scots law. Possessory judgment: a judgment which entitles a 
 person in uninterrupted possession for seven years, to continue un- 
 til the question of right is determined. 
 
 Possibilitas, /. In old English law. Possibility ; a possibility. Pos- 
 sibilitas post dissolutionem execntionis uunquain roTiviscatur: 
 a possibility will never be revived after the dissolution of its exe- 
 cution. 
 
 Possibility. An uncertain event; a contingency; an estate founded 
 on a contingency. Possibility coupled with an interest: an ex- 
 pectation which the law regards as an estate or interest, — not a 
 bare possibility, as that a son may inherit from a father who is liv- 
 ing. Possibility of reverter: the estate of the grantor of an estate 
 upon condition. Possibility on a possibility: a double contin- 
 gency, as in the limitation of an estate to an unborn son of a par- 
 ticular nama 
 
 Possidere, 1. To possess, — distinguished from esse in possessione, to be 
 in possessioa 
 
 Possumus, /. We can ; we can or may do. v. Idpossumus, etc. 
 
 Post, I. I. In old English law. The name given to a species of writ 
 of entry. 
 
 Post, I. After; afterwards. Post Conquestum: after the Conquest 
 Post diem: after the day; the return of a writ after the day as- 
 signed. Post litem motam: after suit moved or commenced ; after 
 dispute moved; after controversy stirred or begun; after dispute 
 has arisen. Post mortem: after death; a name given to inquisi- 
 tions anciently taken after the death of tenants in capite, now 
 commonly applied to examinations of a dead body by a coroner. 
 Post obitum: after death. Post prolem suscitatam: after issue 
 born (raised). Post terminum: after term, or post-term ; the return 
 of a writ, not only after the day but after the term ; the fee therefor. 
 
53i POST- ACT — POTENTIA, 
 
 Post-act. An after-act ; an act done afterwards, v. Post-factum. 
 
 Post-disseisin. In old English law. A disseisin committed after a re- 
 covery of seisin of the same land and by the same person against 
 whom the recovery was had. v. Depost disseisina. 
 
 Fostea, I. Afterwards ; the entry, on record, of the proceedings on the 
 trial of a cause, including the verdict. 
 
 Posteriority. In old English law. A coming after, or being behind ; 
 the correlative of priority. 
 
 Posterity. Descendants ; those who come after. 
 
 Post-factum, or postfactum, I. An after-act ; an act done afterwards. 
 
 Post-flne. In old English law. A fine or sum of money. Otherwise 
 called the king's silver ; formerly due on granting the licentia con- 
 cordandi. 
 
 Postliumons cllild. A child born after the death of its father. 
 
 Postliminium, I. A right which arises from a return in limen, that is, 
 to the borders of one's country, — a term derived from the Roman 
 law, and extensively used in public law. 
 In the civil law. The return or restoration of a person or thing to a 
 former estate or right ; a fiction applied in the case of a person 
 taken prisoner, and returned from captivity, by which he was sup- 
 posed never to have been abroad, and was on this ground restored 
 to his former rights. 
 
 Postman. In English law. The senior barrister at the bar of the court 
 of exchequer, who had the privilege of moving there before the 
 king's attorney and solicitor-general and all king's counsel. 
 
 Post-natus, or postnatus, I. After born ; a second son, so called, as dis- 
 tinguished from the eldest ; born after a particular period or event. 
 
 Post-note. A note payable at a future day, as distinguished from a 
 note payable on demand. 
 
 Postnuptial settlement. A settlement made after marriage upon a 
 wife or children. 
 
 Post-obit bond. A bond given by an expectant heir, to become due on 
 the death of a person from whom he will have property. Such bonds 
 are discouraged by the courts. 
 
 Post-road. A highway over which mails may lawfully be transported, 
 whether by land or by water. 
 
 Post-route. A post-road over which mails are carried by contract. 
 
 Postulare, I. In the Roman law. To ask or demand ; to ask of a ju- 
 dicial tribunal ; to accuse or denounca 
 
 Postnlatio actionis, I. In the Roman law. The demand of an action ; 
 the request made to the prsetor by an actor, for an action, or formula 
 of suit. 
 
 Potentia, Z. In old English law. A possibility; power. Potentia 
 debet sequi justitiam, non antecedere: power ought to follow 
 justice, not go before it. Potentia inntilis frustra est: useless 
 
POTENTIA — POWER. 535 
 
 power is to no purpose. Potentia propinqaa: a near or common 
 possibility. Potentia remotissima: a most remote or improbable 
 possibility. 
 
 Potest quis renniiciare pro se, et suis, juri quod pro se introductam 
 est, 1. One may relinquish for himself and his [heirs], a right which 
 was introduced for his own benefit 
 
 Potestas, I. Power ; a power. Potestas stricte interpretatur: a power , 
 is strictly interpreted. Potestas suprema selpsam dissolvere po- 
 test, li^are non potest: supreme power can dissolve [unloose], but 
 cannot bind itself. 
 
 Potior est conditio defendentis, I. The condition of a defendant is the 
 better one. Potior est conditio possidentis: the condition of the 
 party in possession is the better, v. In cequali jure, etc.; In pari 
 causa, etc. ; In pari delicto, etc. 
 
 Poultry counter. The name of a prison formerly existing in London. 
 
 Pound. An enclosure ; an enclosed place in which estrays or goods dis- 
 trained are shut up. Pound breacli: the offense of breaking a 
 pound, for the purpose of taking out the cattle or goods impounded. 
 Pound master: the keeper of a pound. 
 
 Ponndag^e. An allowance to a sheriff on the amount levied under an ex- 
 ecution, estimated in England, and formerly in the United States, at 
 so much on the pound. 
 In old English law. A subsidy to the value of twelve pence in the 
 pound, granted to the king, of all merchandise of every merchant 
 
 Pour, pur, I. fr. For. v. Pur. Pour clieu ke, ceo que: because. Pour 
 compte de qui il appartieut: for account of whom it may concern. 
 Pour seisir terres, etc. : for seizing the lands, etc. ; a writ by which 
 the king seized the land which the wife of a tenant in capite, de- 
 ceased, had for her dower, if she married without his leave. 
 
 Poure, pouer, I. fr. Poor. Poure ou ryclie: poor or rich. 
 
 Poure, pouwer, I. fr. Power ; force ; authority. 
 
 Pourparty, I. fr. In old English law. Division ; division among co- 
 parceners ; a divided share. 
 
 Pourpresture, or pnrpresture. The wrongful enclosing of land of an- 
 other ; encroacliing on crown or common lauds. 
 
 Pourveyance, I. fr. and eng. In old English law. The providing of corn, 
 fuel, victual and other necessaries for the king's house. 
 
 Pourreyor. In old English law. An officer of the king, or other great 
 personage, who provided corn and other victual. 
 
 Poustie, poistee, sc. In Scots law. Power, v. Liege poitstie. 
 
 Poyers, I. fr. In old English law. Poor persons. 
 
 POTver. Authority given by one person to another to act for him ; au- 
 thority to dispose of an estate ; authority of the departments of gov- 
 ernment, as legislative, executive and judicial power, v. Implied 
 power. Power of appointment: authority to appoint to office; au- 
 thority vested by will or deed in a person called the donee to ap- 
 
536 POWER — PR^DIA, 
 
 point a person to the enjoyment of property of the testator or grantor, 
 ■who is called the donor, — power which, if the donee takes no in- 
 terest in the property, is called a power collateral, otherwise a power 
 coupled with an interest, — power called appendant when the ap- 
 pointment is made out of the estate of the donee or in derogation of 
 his interest, and a power in gross when the appointment is to take 
 effect on the termination of his estate, — power called a general 
 power where the donee can appoint any one, and a particular power 
 where he can appoint one or all of a certain class of persons. Power 
 of attorney: an instrument of authoi-ity to an attorney in fact, — 
 otherwise sometimes called a letter of attorney. 
 
 Poynd, poind, sc. In Scots law. A distress ; goods taken for a debt 
 
 Practice. The course of procedure in courts ; th6 form of conducting 
 suits, actions and other judicial proceedings. In a general sense, 
 practice includes pleading, though it is usually distinguished. 
 In English law. Practice court: a court attached to the Queen's 
 Bench, and presided over by one of the judges of that\ court, in 
 which points of practice and pleading are discussed and decided. 
 Otherwise called Bail court 
 
 Practiclis. In Scots law. The decisions of the Court of Session, as evi- 
 dence of the practice or custom of tho country. 
 
 Prseceptores, I. I In old English law. Masters; the chief clerks in 
 chancSry, formerly so called. 
 
 Prseceptum, I. I. In old English law. Command; the act of an ac- 
 cessory who commands another to commit a crime. 
 
 Praecipe, I. Command ; an original writ commanding the defendant to 
 do a certain thing, or show cause ; a paper containing the particu- 
 lars of a writ, filed in the office out of which the writ is to issue, 
 and intended as the clerk's instructions for making it out Praecipe 
 in capite: a praecipe or writ of right which lay for a tenant in 
 eapite. Prjecipe quod reddat: command that he render; formal 
 words in a praecipe, or original writ Praecipe quod teneat con- 
 yentionem: command that he keep the covenant ; a writ of cove- 
 nant on which fines were usually levied at common law. 
 
 Praecipere, I. In old English law. To command ; the usual word of 
 command in the mandates of the old writs. 
 
 PrsBCipimus, I. We command ; an emphatic or initial word in most of 
 the old Latin writs. Praecipimus tibi, sicut alias tibi praecepimus: 
 we command you, as we have before commanded you, etc. A clause 
 in a second writ referring to the issue of the first one. v. Alias. 
 
 Praeconizare, I. I. In old English law. To call in court ; to make proc- 
 lamation by a crier. 
 
 Praededucere, 1. 1. In old English law. To deduct first, or in the first 
 instance. 
 
 Praedia, t In the eivU law. Lands; estates, v. Prcedium. Praedia 
 rustica: rural or country estates ; estates or lands principally des- 
 
PE^DIA — PROPOSITUS. 537 
 
 tined or devoted to agriculture, Freedia urbana: city estates, 
 especially dwelling-houses, whether in town or country, and whether 
 used for dwelling, for business or for farming purposes. 
 
 Prsedial, or predial servitude. A right granted for the advantage of 
 one piece of land over another, which may be exercised by every 
 possessor of the land entitled, against every possessor of the servient 
 land. 
 
 Praedictus, preedicta, prsBdictuin, 1 1. In old English law. Aforesaid, 
 the aforesaid, — meaning the last antecedent 
 
 Praedinm, I. In old English law. Estate, property, — applied to the 
 estate or title of the king, as lord paramount. 
 In the civil law. Land ; a piece of land ; an estata Prasdium do- 
 miiians: a dominant or ruling estata PraBdium rttstlcum: v. PrcB- 
 dia rustica. Praediiiiu serviens: a serving estate. Praedinm ur- 
 bauniu: v. Prcedia urbana. 
 
 Praefatns, 1. 1 In old English law. Aforesaid. 
 
 Praefectus, I. In old English law. The chief officer of a hundred, and 
 other divisions. 
 In the Roman law. A chief officer ; a governor or commander ; the 
 title of various officers and magistrates. 
 
 PrsBJndicialls, I. . In the civil law. That which is to be predetermined. 
 
 PrsBJudicium, t Z. In old English law. Prejudice; detriment; dispar- 
 agement. 
 
 Praejnramentum, I I. In old English law. A preparatory oath. 
 
 FriBiiiissa, I. I. Things sent before ; things mentioned before. In mod- 
 em phrase, premises. 
 
 Praemlum, I. In old English law. Reward; compensatioa Pra}- 
 minm assecorationis: compensation for insurance ; premium of in- 
 surance. Praemium pndicitise: the price of chastity ; compensation 
 for loss of chastity ; a term applied to bonds and other engagements 
 given for the benefit of a seduced female. 
 
 Prsemnnire, I L In English law. To forewarn, or summon ; the 
 name of an offense against the king and his government, so called 
 from the words of' the writ which issued preparatory to the prose- 
 cution, — the offense of obeying or furthering other authority than 
 the king's, particularly that of the pope. 
 
 Praeiiomen, I. Fore-name, or first name, the first of the three names by 
 which the Romans were commonly distinguished. 
 
 Prsenotarius, I. 1. In old English law. Prothonotary, a clerk of the 
 Common Bench. 
 
 Prseposlta negotiis vel rebus domesticis, I. Set over household mat- 
 ters,— a term expressive of the authority of a wife to bind her hus- 
 band for necessary purposes. 
 
 Prsepositns, L In old English law. One who was set over others ; a 
 chief or presiding officer. Prsepositus ecclesise: a church-reeve, or 
 warden. Prsepositns bundi-edi: a hundredary, Prsepositns mane- 
 rii: the overseer of a manor, Praipositus villae: a town-reeva 
 
538 PRJEPROPERA — PR^SUMPTIO. 
 
 Prsepropera cousilia raro sunt prospera, I. Hasty counsels are rarely- 
 prosperous. 
 
 Prserogativa regis, I I. In old English law. The king's prerogative. 
 
 PrsBScriptio, I. In old English law. Prescription. Pracscrlptio est 
 titulus ex nsu et tempore snbstaiitiam capiens, ab aiictoritate 
 legis: prescription is a title deriving its substance from use and 
 [length of] time, under the authority of lavir. 
 In the civil law. Prescription. 
 
 Fr%seiis, 2. Present. Prsesens in curia: present in court. Frsesentes 
 litteraj: the present letters. 
 
 Praesentia, /. Presence. Prsesentia corporis tollit errorem noniinis, 
 et Tcritas noiuinis tollit errorem demonstrationis: the presence 
 of the body [or corporeal thing itself] removes [or cures] error of 
 the name ; and the truth of the name removes [or cures] error of 
 demonstration or description. 
 
 Prsestare, I. In old English law. To pay, give or render ; to make or 
 execute ; to perform ; to make good. Prsestare tenetnr quod- 
 cunque damnum obveniens in mari: [the insurer] is bound to make 
 good any loss happening on the sea, 
 
 Praistat cautela qnam medela, I. Prevention is better than cure. 
 
 PrsBStatlo, I. I. In old English law. A payment or giving ; such as a 
 relief and a heriot 
 
 Prajstitit sacramentnm, I In old English law. Made oath, or took 
 an oath. 
 
 Prsesuinatur, I. It should be presumed ; the presumption should ba 
 Praesumatur pro justitia sentential: the presumption should be in 
 favor of the justice of a sentence. 
 
 Praesumere, I. In the civil and old English law. To take before ; to 
 presume ; to anticipate. 
 
 Prassumitur, I. It is presumed ; the presumption is. Praesnmitur pro 
 legitimatione: the presumption is in favor of legitimacy. 
 
 Praesumptio, I. In old English law. Presumption ; a presumption. 
 Praesumptio juris: a presumption of law; a presumption in law of 
 the existence of a thing until its existence is disproved ; a rebuttable 
 presumption ; — et de jure: a presumption of law and from law ; a 
 presumption inferred by law from premises of law ; an irrebutta- 
 ble presumption ; — plena probatio: a presumption of law is full 
 proof. Praesumptio probabilis: probable presumption. Praesump- 
 tio levis: light or slight presumption. Praesumptio violenta: vio- 
 lent or strong presumption ; — plena probatio: strong presumption 
 is full proof ; — valet in lege: strong presumption is of weight in 
 law. 
 In the civil law. Presumption ; a presumption. Praesumptio fortior: 
 a strong (literally, stronger) presumption (of fact); a presumption 
 which determines the tribunal in its belief of an alleged fact, with- 
 out excluding the possibility of the contrary, thus merely shifting 
 
PRiESUMPTIO — PRECATORY. 539 
 
 the burden of proof. Frsosumptio homiuis: the presumption of the 
 
 man or individual ; natural presumption unfettered by strict rule. 
 
 In old English law. A taking before another ; a species of intrusion. 
 
 Prsetextu cujus, I. By pretence, or under pretext whereof. Praetextu 
 llciti noil debet admitti illicitum: under pretext of legality, what 
 is illegal ought not to be admitted. 
 
 Prsetextus, I. In old English law. A pretext ; a pretence or color. 
 
 Praetor, I. In the civil law. The chief judicial magistrate among the 
 Romans ; the governor of a province. Prsetor lidei-conimissarius: 
 a special praetor created to pronounce judgment in cases of trusts or 
 fldei-commissa. 
 
 PraBTaricator, I. In the civil law. One who betrays his trust ; an ad- 
 vocate who aids the opposite party by betraying his client 
 
 Prajvento teriuiuo, 1. 1. In old Scots law. A form of action in the Court 
 of Session, by which a delay to discuss a suspension or advocation 
 was got the better of. 
 
 Pragmatic sanction, Pragmatica sanctio, I. In the civil law. A re- 
 script of the emperor, in answer to the petition of a corporation or 
 public body. 
 
 Prava consuetudo, I A bad custom. 
 
 Praxis, I. Practice. Praxis judicum est interpres legum: the prac- 
 tice of the judges is the interpreter of the laws. 
 
 Pray in aid. v. Aid-prayer. 
 
 Preamble. An introduction ; a clause introducing and explaining the 
 reasons for the adoption of a constitution ; a clause introducing a 
 statute or ordinance, stating the reason for its enactment, its pur- 
 poses, etc ; a clause at the beginning of a written contract stating 
 the purpose of the parties. 
 
 Pre-audience. The right of being heard before another; a privilege of 
 the English bar, the members of which are entitled to be heard in 
 their order, according to rank. 
 
 Prebend. In English ecclesiastical law. An endowment or pension to 
 a cathedral or conventual church for maintaining a priest or canon 
 as prebendary. 
 
 Prebendary. In English ecclesiastical law. The stipendiary of a cathe- 
 dral or conventual church ; one who has a prebend. 
 
 Precarise, or preces, I. I. In old English law. Days' work which the 
 tenants of certain manors were bound to do for the lord in harvest. 
 
 Precarium, I. Precarious; held as by mere entreaty; depending on 
 the will and pleasure of another. Precarium nomen: a precarious 
 titla 
 In the civil law. A gratuitous loan, upon request and revocable at 
 pleasure, in which the lender grants the use of the subject in express 
 woi"ds. 
 
 Precatory words. Words of entreaty, desire or recommendation, em- 
 ployed in wills, as distinguished from direct and imperative terms. 
 
540 PEECE — PREFER. 
 
 Prece partinm, I. I. On the prayer of the parties. 
 
 Precedent. That which goes before, or takes place befora v. Condi- 
 tion. 
 
 Precedent. An authority to be followed in courts of justice; a judi- 
 cial decision on a point of law ai'ising in a given case ; a written form 
 of proceeding whicli has been approved by the courts, or by pro- 
 fessional usage, and is thus to be followed. 
 
 Precept. A command in writing ; a species of writ or process. 
 In American law. A process under seal, issued by a prosecuting at- 
 torney, commanding the sheriff to summon a jury, etc. ; a process 
 in the nature of an attachment against a person. 
 In English law. A process issued by a justice of the peace, or other 
 like officer, for the bringing of a person or records before him ; a 
 direction sent by the sheriff, under seal, to the proper oflScers of 
 cities and boroughs, commanding them to elect their members to 
 parliament 
 In old English law. Instigation or commandment to commit a crime. 
 In Scots lata. An order, mandate or warrant to do some act 
 
 Precinct. The territory within which an officer may legally discharge 
 the duties of his office ; any district marked out and defined, as an 
 election district ' 
 
 Precludi non debet, I He ought not to be barred; the beginning of a 
 replication to a special plea. 
 
 Precognition. In Soots law. Preliminary examination ; the investiga- 
 tion of a criminal case, preliminary to committing the accused for 
 trial. 
 
 Pre-contract. A contract made before another contract, — especially 
 applied to marriage contracts. 
 
 Predecessor. One who goes or has gone before, — applied to a body pol- 
 itic or corporata 
 
 Predial, or predial. That which arises or comes from the ground. 
 Predial, or prsedial tithes: tithes arising from the profits of lands, 
 as, of corn, grass or wood. 
 
 Pre-emption. In American law. A privilege enjoyed by government 
 in relation to Indian lands ; an exclusive right to purchase a quan- 
 tity of public lands, acquired by residence thereon, cultivatioii, etc., 
 in compliance with the law. Pre-emption claimant: one who set- 
 tles on land subject to pre-emption with the intention of exercising 
 a pre-emptor's rights. 
 In English law. The first buying of a thing ; a privilege formerly en- 
 joyed by the crown, of buying up provisions and other necessaries 
 for the use of the royal household, in preference to all others. 
 
 Pre-emptor. The holder of a right of pre-emption. 
 
 Prefer. To give priority or advantage, as to creditor above creditor ; 
 to bring or lay before some person or body whose duty it is to hear 
 and consider, as a charge before a court 
 
PREFERENCE — PRESCRIPTION. 541 
 
 Preference. Payment made or security given by a debtor which will 
 or may give a particular creditor or creditors an advantage over 
 others. 
 
 Pregnant, v. Negative. 
 
 Pregnotarias, 1 1, Preignothory, o. eng. In old English law. A pro- 
 thonotary. 
 
 Prejudice. A judging beforehand; a judging before examination; 
 detriment 
 
 Premeditate. To think of beforehand ; to determine beforehand. 
 
 Premises, premisses. Things put before, or stated before ; matter pre- 
 viously stated or set forth ; one of the formal and orderly parts of a 
 deed or conveyance, consisting of all that precedes the habendum, — 
 the date, parties, consideration, grant, description, exceptions, etc. : 
 the thing demised or granted ; a distinct portion of realty, consisting 
 of land, buildings, etc. 
 
 Premium. A reward or recompense, a sum paid or agreed to be paid 
 for an act done ; the sum paid or agreed to be paid by an assured to 
 the insurer, as the consideration for insurance. • Premium note: a 
 promissory note given as part of the contract of insurance. 
 
 Prender, L fr. Taking ; the power or right of taking a thing before it 
 is offered, v. In prender; In render. 
 In old English law. Prender de baron: a taking of a husband ; mar- 
 riage. 
 
 Prepense, I. fr. Before-thought v. Malice aforethought. 
 
 Preponderance. Superiority of weight 
 
 Prerogative. The privilege of being asked first or something that is 
 required or demanded before, or in preference to all others. 
 In English law. That special pre-eminence which the king has over 
 and above all other persons, in right of his regal dignity. Preroga- 
 tive court: a court established for the trial of all testamentary 
 causes, where the deceased left bona notabilia within two different 
 dioceses, — in which case, the probate of the will belonged to the arch- 
 bishop of the province, by way of special prerogative. Prerogative 
 writ: a writ issued on some extraordinary occasion, and for which 
 it is necessary to apply by motion to the court ; a writ not of course, 
 among which are procedendo, mandamus, prohibition, quo warranto, 
 habeas corpics and certiorari. 
 
 Pres, I fr. Near. v. Cy pres. 
 
 Prescribe. To allege a title to a thing, on the ground of long or im- 
 memorial usaga 
 
 Prescription. A mode of acquiring title to property by long and con- 
 tinued usage; a title to incorporeal hereditaments so acquired. Pre- 
 scription, time ot: a length of time sufficient to establish the right 
 of prescription, or title by prescription,— in England, formerly iden- 
 tical with time immemorial, or time out of memory, a period refer- 
 ring to the beginning of the reign of Richard I., but now shortened 
 by statute. 
 
642 PRESENCE — PRIMA. 
 
 Presence. Being in a particular place, which is either actual, as where 
 the person is bodily there, or constructive, as where he is so near as 
 to be held to be present in contemplation of law. 
 
 Present. In English ecclesiastical law. To offer a clerk to the bishop 
 of the diocese, to be instituted ; to find or represent judicially, as a 
 grand jury present certain offenses. 
 
 Presentation. In English ecclesiastical law. The act of a patron or pro- 
 prietor of a living, in offering a clerk to the ordinary for institution. 
 
 Presentment. The notice taken by a grand jury of any offense, from 
 their own knowledge or observation, without a bill of indictment: 
 in a more general sense, an indictment, or an inquisition of office. A 
 producing or tendering, as of a bill of exchange for acceptance, or a 
 bill or a promissory note for payment 
 
 Presents. Present letters or instrument 
 
 Prest. In old English laio. A duty in money to be paid by the sheriff 
 on his account in the exchequer, or for money remaining in his 
 hands. 
 
 Prest, prist, I. fr. , In old English law. Ready. Prest a passer: ready 
 to pass, that is, to give a verdict Prest averrer: ready to prove. 
 
 Prestation. In old English law. A payment or performance ; the ren- 
 dering of a service ; a toll, custom or duty. 
 
 Presumption. A taking beforehand ; the taking of a fact to be so, be- 
 fore it certainly appears ; an inference as to a fact in question drawn 
 from facts known or admitted. Presumption of fact: an inference 
 of one fact from another, or one or more facts not known from one 
 or more facts known. Presumption of law: an inference or intend- 
 ment made by law or the court from facts appearing or proved in 
 a particular case. 
 
 Presumptive evidence. Evidence presenting facts from which a pre- 
 sumption may be drawn as to the existence of other facts ; evidence 
 of facts admitting of explanation or contradiction. Presumptive 
 heir: a person who, if his ancestor should die immediately, would 
 be his heir. 
 
 Pretensed, pretenced. In old English law. Pretended ; claimed. 
 
 Pretium, precium, I. Price ; value. i 
 
 In the civil law. The price of a thing sold, which properly consisted 
 in counted money. Pretium affectionis: the price of affection ; a 
 price or ,value exceeding the jusf value and growing out of the 
 affection of the owner for the thing sold. Pretium constitui 
 oportet, nam nulla emptio sine pretio esse potest: the price 
 ought to be fixed, for there can be no purchase without a prica 
 Pretium succedit in locum rei: the price succeeds in place of the 
 thing [sold]. 
 
 Prier, I. fr. To pray. Prioins: we pray. 
 
 Prima facie, I On the first face ; at the first view. Prima facie evi- 
 dence: evidence which, if uncontradicted and unexplained, is suffi- 
 cient to determine the matter at issua 
 
PRIM^ — PRINCIPAL. 543 
 
 Primse impressionis, I. I. Of first impression ; without precedent 
 .In the civil law. PrimsB preces: an imperial prerogative right to 
 name to the flirst prebend in every church of the empire that became 
 vacant after the emperor's accession. 
 
 ■ Primage. A small allowance or compensation paid by shipper or con- 
 signor, formerly on account of the master of a vessel, over and above 
 the freiglit, for the master's care and trouble as to the goods, but 
 now to the owners or freighters as part of the freight. 
 
 Primate. In English law. A chief ecclesiastic ; a prelate of supreme 
 dignity and authority ; an archbishop. 
 
 Primary conveyances. The common-law conveyances, otherwise termed 
 original, by which an estate is created or lirst arises. They include 
 feoffments, gifts, grants, leases, exchanges and partitions. 
 
 Primer, I. fr. In old English law. First Primer fine: a fine or pay- 
 ment due to the king on suing out the writ of pi-cecipe, in levying a 
 fina Primer seisin: a feudal right of the king when auy of his 
 tenants in eapite died seised of a knight's fee, to receive from the 
 heir, if he were of full age, a year's profits, if the lands were in im- 
 mediate possession, or half a year's profits, if the lands were in re- 
 version expectant on a life estate. 
 
 Primitise, /. In English law. First fruits ; the first year's whole profits 
 of a spiritual preferment 
 
 Primogeniture. In English law. The privilege of the first-born or 
 eldest son ; the right of the eldest son to inherit his ancestor's es- 
 tate, in exclusion of younger sons. 
 
 Primogenitus, I. In old English law. A first-born or eldest son. 
 
 Primum decretnm, L In the canon law. The first decree ; a prelim- 
 inary decree granted on the non-appearance of a defendant, by 
 which the plaintiff was put in possession of his goods, or of the thing 
 demanded. 
 
 Princeps, I. In old English law. The king. Princeps et respublica 
 
 ex jasta causa possunt rem meam auferre: the king and the state 
 
 [the government] may take my property for just cause. 
 
 In the civil laic. The prince ; the emperor. Princeps legibus solntus 
 
 est: the emperor is released from the laws ; is not bound by the laws. 
 
 Principal, Z. fr. Head; chief; principal. 
 
 Principal. A chief or head ; one who appoints, employs, instructs, di- 
 rects or orders another to act for him ; in criminal law, a chief 
 actor or perpetrator, as distinguished from an accessory ; in the law 
 of contracts, a chief debtor,— one who is liable in the first instance. 
 
 Principal. Leading; most important Principal cliallenge: a chal- 
 lenge of a juror for a cause which carries with it prima facie, evi- 
 dent marks of suspicion either of malice or of favor. Principal fact: 
 a fact sought and proposed to be proved by evidence of other facts, 
 termed evidentiary facts, from which it is to be deduced by infer- 
 ence; factum probandum. 
 
544 PRINCIPALIS — PRIST. 
 
 Principalis, Z. In civil and old English law. Principal ; a principal 
 debtor ; a principal or chief criminal.- Principalis debet semper 
 excnti antequam perveniatar ad fldei-jiissores: the principal 
 ought always to be discussed before resort is had to the sureties. 
 
 Principla, Z. Principles ; axioms ; fundamental rules. Prlncipia pro- 
 bant, non probantur: principles prove ; they are not proved. 
 
 Principiis obsta, I. Withstand beginnings ; oppose a thing in its early 
 stages, if you would do so with success. 
 
 Priucipiorum non est ratio, I. There is no reasoning of principles ; no 
 argument is required to prove fundamental rules. 
 
 Principium, I. In civil and old English law. A beginning ; a principla 
 
 Prior tempore potior jure, I. [He who is] before in time is preferred 
 in right 
 
 Principle. A fundamental truth ; an original cause ; a motive. 
 
 Pris, prise, h fr. Taken ; imprisoned. 
 
 Prisa, I. I. In old English and Scots law. A taking ; a seizure of goods. 
 
 Prisage, I. fr. In old English law. A right on the part of the crown 
 of taking two tuns of wine from every ship importing into England 
 twenty tuns or more. 
 
 Prise, I fr. In old English law. A taking. 
 
 Prise. In old English law. Things taken of the king's subjects by pur- 
 veyors ; provisions taken for the king's use. 
 
 Prisel, I fr. A taking. Prisel en auter lien: a taking in another 
 place; a plea in abatement in the action'of replevin. 
 
 Priso, I. I. In old English law. A prisoner ; a captive in war ; an im- 
 prisoned malefactor. 
 
 Prison, I. fr. In old English law. A prison ; a place where persons 
 taken for crime are confined; imprisonment; confinement of the 
 person, as by duress ; a prisoner. 
 
 Prison. A place of confinement of persons, either for safe keeping, or 
 by way of punishment ; a public building devoted to sucli purposes ; 
 a place for the detention of debtors ; a place for the detention of per- 
 sons charged with offenses, and committed for trial ; a place for the 
 confinement of persons sentenced to imprisonment, on conviction 
 for an ofifense. Prison bounds: a district about a prison, within 
 which a debtor released under bond may go at large. Prison breach: 
 the act of a prisoner in escaping from a place where he is lawfully 
 confined ; the act of breaking into such a place to aid a prisoner in 
 so escaping. 
 
 Prisoiia, I I. In old English law. Prison ; a prison ; a place of con- 
 finement; a place of punishment for crime ; imprisonment. 
 
 Prisoner. A person restrained of his liberty ; a person confined in a 
 prison, either on a criminal charge, or on a conviction and sentence ; 
 a person on trial for crime. 
 
 Prist, I. fr. In old English law. Ready ; a formal word used in the 
 days of oral pleading to express a tender of or joinder in issue. 
 
PRIVATE — PRIVILEGED. 545 
 
 PriTate. Affecting or belonging to a person or persons, not the public 
 at large. Private act: an act which operates only on particular per- 
 sons and private concerns. Private corporation: a corporation 
 founded by a private person, or the stock of vphich is owned by pri- 
 vate persons. Private nuisance: a nuisance affecting a private per- 
 son or his estate. Private riglits: rights which appertain to a 
 particular person or pei'sons, and relate either to the person, or to 
 personal or real property. Private property: property which be- 
 longs absolutely to a person, and of which he has the exclusive 
 right of disposition. Private statute: a statute which operates 
 only on particular persons and private concerns. Private way: a 
 right which a person has of passing over the land of another. Pri- 
 vate wrongs: violations of public or private rights, considered in 
 reference to the injury sustained by the individual. 
 
 Privatis pactioiiibus non dubiuiu est non laedi jus caetorum, I. There 
 is no doubt that the rights of others [third parties] cannot be preju- 
 diced by private agreements. 
 
 Privatum, t Private; privy. Privatum conimodum publico cedit: 
 private good yields to public. Privatum concilium: privy council. 
 Privatum incommodum publico bono pensatur: private incon- 
 venience is made up for by public benefit Privatum jus: private 
 law. 
 
 Privatus, L A private person or individual. 
 
 Privatornm conventio juri publico non derogat, I. An agreement of 
 private individuals does [can] not derpgate from public or common 
 right [or cannot impair or affect a common right]. 
 
 Privement, I /r. Privately ; privily ; secretly; not visibly. Privemenf 
 enceint: secretly pregnant ; not known or observed to be so. 
 
 Privies. Persons connected by some relation other than that of con- 
 tract between them ; persons so connected in estate, right or liability 
 that one will be affected as the other is affected. Privies in blood: 
 persons connected by blood, as coparceners, or ancestor and heir. 
 Privies in estate: persons interested, or persons who have been or 
 might have been interested in the same estate, under the same title. 
 Privies in law: persons connected under a law which casts land, 
 upon one, as in escheat 
 
 Privilege. An exemption or immunity from some general duty or 
 burden ; a right peculiar to some individual or body. Privilege 
 from arrest: a privilege from arrest on civil process, enjoyed by 
 ambassadors, members of congress, attorneys, parties to suits and 
 witnesses in certain circumstances. 
 
 Privileged. Having a peculiar right or immunity. Privileged com- 
 munication: a communication made to counsel in professional con- 
 fidence, which he is not permitted to divulge; a communication 
 made by a person affecting the character of another, privileged by 
 the occasion or circunastances under which it is made, and so not ac- 
 35 
 
54:6 PRIVILEGED — PRO. 
 
 \ 
 tionable, unless made with express malice. Privileged debts: debts 
 to which a preference in payment is given out of the estate of a de- 
 ceased person, or out of the assets of an insolvent. 
 In English law. Privileged copyholds: copyhold estates held accord- 
 ing to the custom of the manor, and not at the will of the lord. 
 In old English law. Privileged villeinage: a species of villeinage in 
 which the tenants held by certain and determinate services; other- 
 wise called villein-socage. 
 In Scots law. Privileged deed: a deed in the execution of which cer- 
 tain formalities are dispensed with, 
 
 Privilegium, I. In old English law. A privilege. Privilegium cler- 
 icale: the clerical privilege ; the benefit of clergy, Privilegium e^t 
 beneflcinm personale, et extinguitnr cum persona: a privilege is a 
 personal benefit or favor, and is extinguished with the person, Privi- 
 legium non valet contra rempablicam: privilege is of no force 
 against the commonwealth. 
 In the Roman laiv. A private law ; properly, a special law of the kind 
 
 called consiitutio, ordained by the emperor. 
 In modern civil law. Any peculiar right or favor granted by the law, 
 contrary to the common rule. 
 
 Privity. Participation: connection; interest; mutuality of interest; 
 mutual relationship to the same rights of property. Privity of con- 
 tract: that upon which a promise may be^ implied. Privity of es- 
 tate: V. Priines. 
 
 Privy. V. Privies; Privity. 
 
 Privy. Connected with ; concerned with ; private. Privy verdict: a 
 verdict given privily to the judge out of court, but of no force unless 
 afterwards affirmed by a verdict in open court. 
 In English law. Privy council: the principal council of the sover- 
 eign, composed of the cabinet ministers, and other persons chosen 
 by the king or queen as privy councillors, the judicial committee of 
 which formerly acLed as a court of ultimate appeal in various cases. 
 Privy seal: a seal psed in making- out grants or lettera patent, pre- 
 paratory to their passing under the great seal. Privy signet: the 
 signet or seal first used in making out grants and letters patent, and 
 always in the custody of the principal secretary of state. 
 
 Prize. A thing of value offered generally for the doing of something ; 
 property captured at sea under the laws of war ; such property reg- 
 ularly condemned by the sentence of a prize court. Prize court: a 
 court having jurisdiction for condemnation of property so captured. 
 
 Pro, I. For ; in consideration of ; in behalf of ; to the extent of ; in lieu 
 of ; in payment of ; during ; a word formerly used in deeds, ex- 
 pressive of a condition in certain cases. Pro bono et malo: for 
 good and evil. Pro bono publico: for the public good. Fro con- 
 fesso: for confessed ; as confessed : a term applied to a bill in equity, 
 and the decree thereon, where there is no answer. Pro corpore 
 
PKO. 547 
 
 regni: in behalf of the body of the realm. Pro defectu: for want ; 
 — emptornm- for want of purchasers ; — exitus: for, or in case of 
 default of issue; — llieredaiii: in case of failure of heirs; — jiisti- 
 tlae: for defect or want of justice. Pro defendente, pro def.: 
 for the defendant Pro falso clamore: for his false claim, or 
 clamour. Pro forma: as a matter of form. Pro hac vice: for this 
 turn. Pro ilia rice: for that turn. Pro indefenso: as undefended ; 
 as making no defense. Pro Interesse suo: according to his inter- 
 est ; to the extent of his interest. Pro Isesione lldei: for breach of 
 faith. Pro majori cautela: for greater security. Pro misis el 
 cnstagiis: for (his) costs and charges. Pro non scriptis: as void. 
 Pro non scripto: as not written ; as though it had not been writ- 
 ten ; as never written. Pro omni servitio: in lieu of all service. 
 Pro opere et laborer for work and labor. Pro rata, or pro rata 
 parte: in proportion; in diie proportion. Pro rata itineris: for 
 the proportion of the voyage. Pro rata portions, or pro rata por- 
 tionis: in proportion. Pro re nata: for the immediate occasion. 
 Pro tanto: for so much; to that extent Pro tempore: for the 
 time being. Pro toto: for the whole ; — et in solido: for the entire 
 amount 
 
 In old English law. Pro consilio: for counsel ; — impendendo: for 
 counsel or advice to be given ; formerly a common consideration for 
 a grant of an annuity; — impeiiso: for counsel given; — suo, et 
 anxilio, et labore in negotiis snis agendis impens' et impendend': 
 for his counsel, and aid and labor bestowed and to be bestowed in 
 doing his business. Pro convicto: as convicted. Pro eo qnod ciim: 
 for that whereas ; for this, that whereas. Pro et durante: for and 
 during. Pro homagio: for homage ; in consideration of homage. 
 Pro Incrari: for to gain. Pro perdere: for to losa Pro posse 
 suo: to the extent of his power or ability. Pro posse nostro: to 
 the extent of our power. Pro pulchre placitando: for beau-pleader ; 
 for ill or vicious pleading. Pro qnerente, pro (iner': for the plaint- 
 iff. Pjo salute animse: for the welfare of the soul; for the spirit- 
 ual welfare, or benefit 
 
 In the civil law. Pro derelicto: as derelict or abandoned ; a species 
 of usucapion. Pro dignitate regali: in consideration of the royal 
 dignity. Pro diviso: as divided; in severalty. Pro domino: as 
 master or owner ; in the character of master. Pro donato: as a 
 gift; as in case of gift; by title of gift; a species of usucapion. 
 Pro dote: as a dowry ; by title of dowry ; a species of usucapion. 
 Pro emtore: as a purchaser; by the title of a purchaser; a species 
 of usucapion. Pro herede: as heir. Pro indiviso: as undivided ; 
 in common. Pro legato: as a legacy ; by the title of a legacy ; a 
 species of usucapion. Pro parte: in part Pro possessore: as a 
 possessor; by title of a possessor. Pro socio: for a partner; the 
 name of an action in behalf of a partner. Pro solido: for the whole ; 
 as one, without division. Pro suo: for, or as one's own. 
 
548 PROBABILITY— PROCEDUEK 
 
 Probabilitjr. Likeness to truth; the likelihood that a thing is thus 
 or so. 
 
 Probable. Apparently founded in fact or reason ; reasonable. 'Prob- 
 able cause: reasonable cause for the prosecution of a person. Prob- 
 able CTidence: presumptive evidence, so called froin its foundation 
 in probability. Probable reasoning': reasoning founded on prob- 
 ability; reasoning in which the mind exercises a discretion in de- 
 ducing a conclusion from premise^. 
 
 Probare, I. To prove. Probare est fldem facere jndlci: to prove is 
 to convince or satisfy the judge. 
 
 Probate. Official proof, particularly the proof of a will, made before 
 the ordinary, surrogate or probate judge ; the copy of a will which 
 has been proved, made out under the seal of the ordinaiy, etc., and 
 delivered to the executor with a certificate of its having been proved ; 
 all the proceedings in proving a will, including the proof itself, the 
 copy of the will and certificate. Probate court: a court having 
 jurisdiction over the estates of deceased persons, including what- 
 ever may be necessary to a final settlement of the same. v. Surro- 
 gate. 
 
 Frobatio, I. Proof. Frobationes debent esse evidentes (Id est) per- 
 splcaa! et faciles intelligi: proofs ought to be evident, that is, clear 
 and easy to be understood. 
 In the civil law. Probatio mortna: dead proof ; proof by deeds or 
 other writings. Probatio plena: full proof; proof by two wit- 
 nesses, or a public instrument Probatio semi-plena: half-full 
 proof ; half proof ; proof by one witness pr a private instrument 
 
 Probation, In Scots law. Proof, or, more properly, evidenca 
 
 Probatis extremis, prsesumuntur media, I. The extremes being 
 proved, the intermediate proceedings are presumed. 
 
 Probative. Having the effect of proof. Probative fact: a fact which 
 has the effect of proving a fact sought to be proved. 
 
 Probator, I In old English law. A prover or approver, v. Approver. 
 
 Probns homo, LI In old English law. A good man. Probus et legalis 
 homo: a good and lawful man, — a phrase particularly applied to a 
 juror or witness free from exception. ProbI homines: good men. 
 
 Procedendo, I For proceeding ; a writ by which a cause removed to a 
 superior court by certiorari, or otherwise, is sent back to the inferior 
 court to be proceeded in. 
 In English law. A writ by which the commission of a justice of the 
 peace is revived. Procedendo ad judicium: a writ issuing from 
 the common-law side of chancery where the judges of a subordinate 
 court delayed judgment commanding them to proceed. Procedendo 
 in loquela: a writ from the king authorizing the judges to proceed 
 in an action concerning title after an aid-prayer. 
 
 Procedure. The body of rules by which rights are given effect by 
 means of remedies,— including, in the broadest sense, the rules of 
 pleading, evidence and practice ; more commonly, the body of rules 
 
PROCEDURE — PROCLAMATION. 549 
 
 governing process, pleading and the course of trial, to judgment 
 and execution. 
 
 Proceed. To go ; to go on ; to be founded on. 
 
 Proceeding. A going on in form of law ; an act done in form of law ; 
 a judicial act, directed against persons or property. 
 
 Proceedings. The steps or measures taken in the course of an action, 
 including all that are taken ; in a narrower sense, the proceedings 
 as entered on record. 
 
 Proceeds. Money obtained from the sale of property ; goods or other 
 articles of value, proceeding from the sale of property. 
 
 Proces, I. fr. Proceeding ; mode of proceeding. Proces-verbal: a re- 
 lation duly attested of what has been said or done in presence of an 
 ofScer. 
 
 Process. A something issuing out of court, or from a judge ; a judicial 
 writ of any sort ; in a general sense, the entire proceedings in an 
 action or prosecution ; in patent law, a means or method employed 
 to produce a certain effect or result, patentable where and only 
 where it is not the function or effect of a machine, v. Due process; 
 Final process; Mesne process; Original process. 
 In old English law. The means used to compel a defendant to appear 
 in compliance with the original writ, consisting of a verbal monition 
 or warning, and the successive writs of attachment, distringas and 
 capias ad respondendum. Process roll: a roll used for the entry of 
 process to save the statute of limitations. 
 
 Processioning. In American law. A proceeding authorized by statute 
 for ascertaining, marking and establishing the boundary lines of 
 lands. 
 
 Processus, I. L In old English law. Process ; proceeding ; the course 
 of judicial proceeding ; the course of proceeding in an action. Pro- 
 cessus legis est gravis vexatio; executio legis coronat opus: the 
 process of law is a grievous vexation; the execution of the law 
 crowns the work. 
 
 Prochein, proclieyn, procliaine, procain, I. fr. Next ; nearest Pro- 
 chein ami, or amy: next friend ; the person by whom an infant may 
 prosecute. Procheyn heire: next heir. 
 
 Procheinete, I. fr. Nearness ; proximity. 
 
 Proclamare, I. In the civil law. To ,cry out, or proclaim ; to give warn- 
 ing ; to assert a claim. 
 
 Proclamatio, I. In the civil law. A crying out ; a proclaiming or proc- 
 lamation. 
 
 Proclamation. A crying out ; a notice by public outcry ; a public no- 
 tice, in writing, of some act done by the government, or to be done 
 by the people. 
 In old English law. A writ issued with the writ of exigent, in the 
 process of outlawry ; the public notice of a fine of lands, given by 
 openly reading it in court a certain number of times, and after- 
 
660 PROCLAMATION — PEOFER. 
 
 wards indorsing it on the record ; proolaniation by a sheriff on a writ 
 of attachment, in equity, summoning a defendant wlio has failed to 
 appear, personally to appear and answer the bill. 
 
 Procreare, /. To beget Procreatus: begotten. Pi'ocreati et procre- 
 andi: begotten and to be begotten. 
 
 Proctor. One who manages the business of another, on the mandate 
 or commission of his principal; an officer in the admiralty and 
 ecclesiastical courts, corresponding with attorney, at common law, 
 and solicitor, in equity. 
 
 Procul dubio, I. Without doubt 
 
 Prociirare, I. In the civil law. To see to the affairs of another ; to 
 manage; to superintend. 
 
 Pl'oeuratlo, I. In the civil law. Management of another's affairs by 
 his direction, and in his behalf ; agency. 
 
 Procuration fee. In English law. Brokei-age or commission allowed 
 to scriveners and solicitors, for obtaining loans of money. 
 
 Procurator, I In old English law. An agent or attorney ; a bailiff or 
 servant ; a proxy of a lord in parliament. 
 In Scots law. Procurator fiscal: a public prosecutor. 
 In the civil law. One who manages the affairs or business of another 
 under the instructions of his principal ; an agent ; an attorney. Pro- 
 curator litis: the manager of another's suit or cause in his absence ; 
 a legal agent or attorney. Procurator negotiorum: the manager 
 of another's business or affairs ; an agent ; an attorney in fact 
 In the Roman law. Procurator provincise: a provincial officer who 
 managed the revenue, and had a judicial power in matters of rev- 
 enue. 
 In ecclesiastical law. One who collected the fruits of a benefice for 
 another ; an advocate of a religious house ; a proxy or representative 
 of a parish church. 
 
 Procnratorium, I. L In old English law. The instrument by which a 
 proctor was delegated to act in a court or cause. 
 
 Procuratour, I. fr. A proctor ; an agent or attw-ney. 
 
 Procuratrix, I. In old English law. A female agent or attorney in 
 fact, as a mother in behalf of her children. 
 
 Prodes homes, I. fr. In old English law. Discreet men ; a title given 
 to the barons, or other military tenants, called to the king's coun- 
 cil. 
 
 Productio sectsB, I. I. In old English law. Production of suit; the 
 production, by a plaintiff, of a number of persons prepared to con- 
 firm his count The original of the phrase at the conclusion of 
 modern precedents, " and therefore he brings suit" 
 
 Profer, Proferns, prof rus, 1 1. In old English law. An offer or proffer ; 
 an offer or endeavor to proceed in an action ; a return made by a 
 sheriff of his accounts into the exchequer ; a payment made on such 
 return. 
 
PROFERT — PROMULGAEE. 551 
 
 Profert, Profert in cnrla, or ad cnriam, I He produces, or he pro- 
 duces in court; in modern practice, an allegation in a pleading, 
 where a party alleges a deed, that he shows it in court, it being in 
 fact retained in his own custody, but in intendment of law, imme- 
 diately in the possession of the court ; in old practice, the produc- 
 tion in court of an instrument alleged in pleading, or rather, the 
 entry made on the record, that the party so produced the instru- 
 ment 
 
 Proflcunm, I. I. In old English law. Profit Proflcunm terras: profit 
 of land. Proftcua: profits. 
 
 Profit, profits. Gain ; the gain made in a business or on an invest- 
 ment ; the difference between what is received and what is expended : 
 the produce of lands, v. Mesne profits. Profits a prendre: a right 
 with a profit which one has in the lands of another, such as rights 
 of common, etc. Profits a render: profits which the tenant had 
 to render. 
 
 Proiiibere, I. To hold before ; to put in one's way ; to forbid ; to pro- 
 hibit 
 
 Proliibetur ne qnis faciat in sno quod nocere possit alieno, I It is 
 forbidden for any one to do or make on his own laud what may 
 injure another's. 
 
 Proliibition. The act of prohibiting; particularly, the interdiction of 
 the sale of intoxicating liquor, — an act which seems to be within the 
 power of the states, except, possibly, as it may operate upon exist- 
 ing liquor in a way to amount to an unlawful taking of property ; a 
 writ forbidding a court to proceed in a pending cause, on the ground 
 that there is a want of jurisdiction. 
 
 Proles, I. Issue ; offspring ; progeny ; issue of a lawful maiTiage. 
 
 Promise. An undertaking, either in words or in writing, to do or not to 
 do some particular thing ; properly, an undertaking by parol, or not 
 under seal, a promise by deed being technically called a covenant 
 Promises are dependent or independent express or implied, original 
 or collateral, concurrent and mutual. 
 
 Promisee. The person to whom a promise is made. 
 
 Promisor, Proraissor, I. One who makes a promise ; a promiser. 
 
 Promissio, I. In old English law. A promise. Promissio rei ineertac 
 nullins juris esse repntatur: a promise of an uncertain thing is 
 held to be of no validity. 
 
 Promissory. Involving a promise. Promissory note: a written promise 
 to a person named or his order, for the payment of money at a spec- 
 ified time, absolutely and at all events. 
 
 Promittere, I, In the civil law. To promise. 
 
 Promoter. In old English law. A common informer ; one of the in- 
 corporators of a private corporation. 
 
 Promnlgare, I. In the Roman law. To make public; to make pub- 
 licly known; to promulge or promulgate. Promulgaro legem: 
 
552 PROMULGARE — PROPRIETAa 
 
 originally to make known the proposal of a law, that every one 
 might be able to consider it before it was voted on in the eomitia. 
 
 Promnlgate. To make public ; to make a law known, after its enact- 
 ment or passage. 
 
 Pronunciatio, I. In old English law. Delivery of judgment on a ver- 
 dict. 
 
 Proof. The establishment of the truth of some alleged matter of fact, 
 by evidence adduced for the purpose ; the result or effect of evidence. 
 Proofs: evidence given in proof. 
 
 Propars, I. I. In old English law. Division of lands among parceners ; 
 partition ; an allotted share, or pourpart. 
 
 Proper. Peculiar ; particular ; one's own. 
 
 Property. That which is proper or peculiar to one ; that which is one's 
 own; that to which one has an unrestricted and exclusive right; 
 the right by virtue of which a thing belongs to one, or is one's 
 own ; ownership ; dominion. Considered as the subject of a right, 
 property is every kind of valuable thing whether real, personal or 
 mixed. 
 In old English law. The ownership of chattels, in contradistinction 
 to estate, which denoted an interest in lands. 
 
 Propinquity. In Scots law. Tlie relationship which exists among the 
 members of a family or their descendants. 
 
 Propiuqinas, f. In old English law. Near; near of kin. Propinqnior 
 excludit propinquam, proplnquus reiuotum, remotus remotio- 
 rem: the nearer [heir] excludes the near ; the near [excludes] the re- 
 mote ; the remote [excludes] the remoter. 
 
 Propone. In Scots law. To state or move. 
 
 Proponent. In ecclesiastical law, the party making or propounding 
 an allegation. 
 
 Proponere, I. In old English law. To offer, present or exhibit ; to set 
 forth ; to propound. 
 
 Proporcitas, I. I. In old Scots law. A verdict called the proport or 
 report of the jury or assise. 
 
 Propositam, I. Purpose ; design ; object v. Voluntas et, etc. 
 
 Propositns, I. I In the law of d&scents, the person proposed ; the per- 
 son from whom succession is to be traced. 
 
 Propound. In ecclesiastical law, to present or offer ; to set forth or 
 state. 
 
 Propria, l. By, in or with his own. Propria manu: by his own hand. 
 Propria persona: in his own person. 
 
 Proprietas, I I. Propriety ; proper meaning or applicatioa Proprietas 
 yerborum est salus proprietatum: the propriety of words [observ- 
 ance of the proper import of words] is the safety [salvation, safe- 
 guard] of properties. Proprietates verborum serrandse sunt: the 
 proprieties of words [proper meanings of words] are to be preserved 
 or adhered to. 
 
PROPRIETAS — PROTECTIO. 553 
 
 In the civil and old English law. Property ; that which is one's own ; 
 ownership. Proprietas uada: nalied or mere property or owner- 
 ship ; the mere title, separate from the usufruct Proprietas plena: 
 full property, including the usufruct, or exclusive right to the use. 
 Proprietas totius navis carinie causam sequitur: the property of 
 the whole ship follows the condition of the keel 
 
 Propriety. In old English law. Property. 
 
 Proprio jure, I. By one's own right Proprio nomine: in his own 
 name. Proprio vigors: of its own force. 
 
 Proprius, proprium, /. Peculiar; private; proper; exclusive; one's 
 own. Proprius judex: a proper judge, one that properly had ju- 
 risdiction. Proprius servus: one's own slave. 
 
 Propter, Z. For ; on account of. Propter affectum: on account of bias 
 or favorable inclination. Propter commodam curia;: ifor the ad- 
 vantage of the court Propter curam et culturam: for care and 
 cultivation. Propter defectum: on account of defect, deficiency, or 
 incompetency ; — sanguinis: on account of failure or deficiency of 
 blood, as by dying without heirs. Propter delictum: on account 
 of crime ; — tenentis: on account of the crime of the tenant, as if 
 his blood were attainted. Propter lionoris respectum: on account 
 of respect of honor or rank. Propter impotentiam: on account of 
 helplessness. Propter majorem securitatem: for greater security. 
 Propter ssevitiam ant adulterium: on account of cruelty or adul- 
 tery. 
 
 Prosecute. To follow up ; to carry on an' action or other judicial pro- 
 ceeding ; to proceed against a person judicially or criminally. 
 
 Proseentio, I. In old English law. A following up ; pursuit 
 
 Prosecution. The carrying on of a judicial proceeding ; the carrying 
 on of a judicial proceeding in behalf of a complaining party ; the 
 carrying on of a criminal proceeding in behalf of the state, as by in- 
 dictment or information ; the state, as carrying on such a proceed- 
 ing. 
 
 Prosecutor. One who prosecutes for a crime, in the name of the state. 
 
 Prosequi, I In old English law. To follow after ; to pursue or prose- 
 cute. 
 
 Prosternere, I In old English law. To throw down ; to abate. Pros- 
 tratns: thrown down. 
 
 Prostitute. A woman who practices indiscriminate lewdness for the 
 purposes of gain. 
 
 Prostitution. The act of setting one's self up for sale ; in a stricter 
 sense, the practice by a woman of indiscriminate lewdness. 
 
 Protectio, I. Protection; defense; shelter from wrong; support of 
 right Protectio trahit subjectionem et subjectio protectionem: 
 the protection [of a sovereign] draws after it subjection, and sub- 
 jection protection. 
 
554 PROTECTION — PROVINCIAL 
 
 Protection. In English law. A prerogative writ by which the king 
 might privilege a defendant from all personal and many real suits 
 for a year, in respect of his being engaged in his service out of the 
 realm. 
 In maritime law. A certificate given by a public notary to a seaman, 
 certifying that the bearer is a citizen. 
 
 Protector of settlement. In English law. Under the statute of 3 & 4 
 Will. IV., c. 74, the person who, in family settlements, is the owner 
 of the first estate of freehold prior to an estate tail. 
 
 Protest. A declaration against an act done or to be done, to preserve a 
 right or evade a liability ; a formal declaration in a writing by a 
 notary, under seal, that a bill or note was presented for acceptance 
 or payment which was refused, protesting against the parties for 
 loss or damage ; a declaration by a master of a vessel before a notary, 
 or other proper officer, of the causes of the distress or necessity 
 under which he has been compelled to put into a port not of destina- 
 tion. 
 
 Protestando, I. Protesting ; the emphatic word formerly used in plead- 
 ing by way of protestation. 
 
 Protestation. An oblique allegation or denial of some fact in pleading, 
 protesting that such a matter does or does not exist, and at the same 
 time avoiding a direct affirmation or denial. 
 
 Prothonotary. In American law. The chief clerks of some courts. 
 In English law. A chief clerk in the court of King's Bench or court 
 of Common Pleas. The office is now abolished. 
 
 Protocol. The fii'st draught, or rough minutes of an instrument or 
 transaction ; the original copy of a despatch, treaty or other docu- 
 ment. 
 In old Scots law. A book delivered to a notary on his admission, in 
 which to record all the instruments he had occasion to execute. 
 
 Protocolliiin, gr.-l. In tfie civil law. A brief note or memorandum of 
 a transaction for the purpose of being afterwards extended or writ- 
 ten out in full. 
 
 Prout, I. Aa Prout lex postulat: as the law requires. Prout moris 
 est: as is the custom (or practice of the court). Prout patet per 
 recordum: as appears by the record ; as appears of record. 
 
 Provable, I. fr. Provable; justifiable; manifest Provablement: 
 plainly. 
 
 Prove. To establish by evidence. 
 
 Prover. v. Approver. 
 
 Prover, I. I. In old English law. To prove ; to establish or make good. 
 
 Provincial constitutions. In English law. The decrees of various old 
 provincial synods ; a part of the canon law of England. Provincial 
 courts: the several archi-episcopal courts in the two ecclesiastical 
 provinces of England. 
 
PRO VISIONS — PUBLIC. 555 
 
 Provisione legis, I. By the provision of law. Frovisioue viri: by pro- 
 vision of the husband. 
 
 Proviso, I. Provided, — a word by which a condition might be created 
 in a deed ; a condition beginning with " provided " on the observ- 
 ance of which the validity of the deed depends ; a clause in a statute 
 whose office is to create an exception, or to qualify or restrain, or to 
 exclude possible misinterprecation. Proviso est providers prsesen- 
 tia et futura, non praeterita: [the office of] a proviso is to provide 
 for the present and future, not the past 
 In English law. Proviso, trial by: a trial brought on by a defend- 
 ant, where the plaintiff, after issue, neglects to proceed to trial ac- 
 cording to the course and practice of the court. 
 
 Provisor, I. I. In old English law. A provider, or purveyor. 
 
 Provisum est, I. It is provided, — initial words of provisions in old stat- 
 utes. 
 
 Prowe, pron, preue, pren, pru, I. fr. Profit; benefit; advantage. 
 
 Proxies. In English law. Yearly payments made by a parish priest 
 to his bishop or archdeacon, on account of visitation. 
 
 Proximate cause. A cause that sets another cause in operation ; the 
 efficient cause ; the dominant cause. 
 
 Proximus, I In the civil law. Next. Proxiraus est cui nemo ante- 
 cedit; sapremus est quern nemo sequitur: he is next whom no one 
 precedes ; he is last whom no one follows. 
 
 Proxy. One who represents another ; one who acts for and in place of 
 another ; one who is deputed by another to vote for him, as in the 
 election of directors of private corporations ; the authority by which 
 such a deputation is effected. 
 In English law. One who is deputed to vote for a member in the 
 House of Lords ; the written appointment of a proctor in suits in 
 the ecclesiastical courts. 
 
 Prn, I. fr. In old English law. Profit ; benefit ; advantage. 
 
 Prudes homes, I. Jr. In old English law. Discreet men, — a torm ap- 
 plied to jurors. 
 
 Puberty. The age of consent to marriage, — independent of statute, 
 fourteen in males and twelve in females. 
 
 Public. Concerning, affecting or belonging to the community at 
 large. Public act or statute: a universal rule or law that regards 
 the whole community. Public corporation: a corporation created 
 by government for political purposes, as a county, a city, a town or 
 village. Public house: a house intended for public purposes. Pub- 
 lic lands: lands of a state, or of the United States, subject to sale 
 under general laws. Public oHlcer: a person who holds some pub- 
 lie post or place to which he has been elected or appointed in a 
 manner prescribed by law and exercises functions concerning the 
 public also prescribed by law. Public nuisance: a nuisance affect- 
 ing an indefinite number of persons. Public river: a river in which 
 
656 PUBLIC — PUNITIVE. 
 
 there is a common right of navigation ; a navigable river. Fnblic 
 wrongs: violations of public rights and duties which affect the whole 
 community, considered as a community ; crimes and misdemeanors. 
 
 Pnblica ita accipiuntur quae sunt omnium populornm, i. quae spec- 
 tant ad usum hominum tantum, I. Public things are understood to 
 mean those which belong to all people, that is, with reference to the 
 use of men only. 
 
 Fnblication. A making known to the public, as by proclaiming or 
 exposing to view ; in the law of wills, a formal declaration by a tes- 
 tator at tlie time of signing his will that it is his last will, etc. ; in 
 the law of libel, a communication to any one person ; in equity prac- 
 tice, making public the depositions taken in a suit ; a thing published, 
 as a book, print or writing. 
 
 Publioi juris, i!. Public property ; matter of public or common right 
 
 Publicum jus, I. I. In the civil law. PubUc law ; the law which regards 
 the state of the commonwealth. 
 
 Publicus, 2. In the civU and old English law. Public. 
 
 Publisher. A person who makes a thing publicly known ; a person 
 who makes a business of circulating books and the like. 
 
 Pueri, I Children. Pueri sunt de sanguine parentum, sed pater et 
 mater non sunt de sanguine pnerorum: children are of the blood 
 of their parents, but the father and mother are not of the blood of 
 the children. 
 
 Pueritia, 2. In the eivillaw. Childhood; the age from seven to four- 
 teen. 
 
 Puis, puys, pues, pus, puz, I fr. After ; since ; afterwards. Puis dar- 
 rein continuance: since the last continuance; a plea which a de- 
 fendant may put in, after having already pleaded, where some new 
 matter of defense arises after issue joined. 
 
 Puisne, puisnee, pune, Z. /n In English law. Younger ; later in time ; 
 the title by which the justices and barons of the several common- 
 law courts are distinguished from the chief justice and chief baron. 
 
 Pnlsare, I. In the civil law. To beat, without giving pain ; to accuse 
 or charge ; to proceed against at law. 
 
 Falsatio, I. In the civil law. Beating without pain! 
 
 Punctum, I A point ; an indivisible point of time ; according to the 
 old computation, a quarter of an hour, or ten moments. Punctum 
 temporis: a point of time ; the shortest space of time ; an instant ; 
 a point or period from which a computation of time is mada 
 
 Pundbrech, sax. ' In old English law. The offense of breaking a 
 pound ; pound breach. 
 
 Punir, I. fr. To punish. Puni, puny: punished. Pnnys par prison 
 et par feyn: punished by imprisonment and by fine. 
 
 Punishable. Liable to punishment 
 
 Punitive damages. Damages given by way of punishment ; exemplary 
 or vindictive damages. 
 
PUPILLARIS - PURSUE. 557 
 
 Papillaris substitiitio, I. In the ciml law. Pupillar substitution ; the 
 substitution of an heir to a pupil or infant under puberty. ' 
 
 Pupillus, L In the civil law. A male ward or infant under the age of 
 puberty; a person under the authority of a tutor, Pupillus pati 
 posse non intelligitur: a pupil or infant is not supposed to be able 
 to suffer, that is to do, an act to his own prejudice. 
 
 Pur, pour, L fr. For. Pur autre vie: for another's life. Pur cause de 
 Ticinage: by reason of neighborhood. Pur ceo que: for this that ; 
 forasmuch as ; inasmuch as ; considering that ; because. Par tant 
 que: forasmuch as; because; to the intent that 
 
 Purchase, Purchas, pourchas, I. fr. Acquisition ; acquisition of lands 
 by conveyance*, the acquisition of property by act of a party as op- 
 posed to the act of the law, — by gift, grant or devise, as distinguished 
 from descent, reverter or escheat; an estate so acquired. Purchase 
 money: the consideration money under a contract of purchase, pai-- 
 tioularly of real property. 
 
 Purchaser. A person who acquires an estate in lands by his own act 
 or agreement. 
 
 Pure. Clear; simple; unmixed or unqualified. 
 In old English law. Pure villeinage: villeinage where the service 
 performed was uncertain and indeterminate. 
 
 Purgare, I In the civil law. To clean, cleanse or scour, as a ditch, 
 trench or sewer. 
 
 Purgatio, I. In old English law. A cleansing or scouring. 
 
 Purgation. In old English law. The clearing of a person's self of a crime 
 of which he was generally suspected, and accused before a judge. 
 Canonical purgation was made by the party's taking his oath that 
 he was innocent of the charge. Common or vulgar purgation was 
 another name for the trial by ordeal. 
 
 Purge. To cleanse ; to clear ; to clear from some imputation, 
 
 Purgiser, I. fr. To violate ; to defile. 
 
 Purlieu, I fr. Land adjoining to a forest, originally within the forest 
 but afterward disafforested by perambulation. 
 
 Purpars, perpars, I. I. In old English law. The share of an estate 
 after partition ; purparty. 
 
 Purparty, purpartie. A share or portion ; a share after division ; the 
 share of an estate allotted to a coparcener upon partition. 
 
 Purpensed, /. fr. Premeditated. 
 
 Purport. Meaning; import; substantial meaning; substance. 
 
 Purprestura, II. In old English law. Purpresture. 
 
 Pnrpresture. A clandestine encroachment upon and appropriation of a 
 neighbor's land. 
 
 Purprisum, I I In old records, a close or enclosure ; the whole com- 
 pass of a manor. 
 
 Purquoy, purq., L fr. Wherefore. 
 
 Pursue. To follow a matter judicially, as a complaining party. 
 
558 PURSUER — QU^ 
 
 Pursuer. In Scots law. Plaintiff ; a plaintiff ; a prosecutor. 
 
 Purus, Z. In old English law. Pure; clear; simple; free from quali- 
 fication or condition ; absolute, Purus idiota: a clear or absolute 
 idiot 
 
 Purveyance, purveiance, I. fr. In old English law. A provision ; the 
 provision of a statute ; a providing of necessaries for the king's house 
 and at the king's price. 
 
 Purveyor. In old English, law. An otBcer who provided or bought 
 articles for the king's use, and at the king's price. 
 
 Purview, purvieu, Z. /r. Provided, — a vpord used in the old French 
 statutes, to introduce a chapter or distinct provision. Purview est 
 ensement: it is provided likewise. Purview est que: it is provided 
 that. 
 
 Purview. The providing part of a statute ; that part which follows the 
 preamble, and contains the direct and express provision of the law; 
 that part which consists of direct and express provisions, as distin- 
 guished from saving clauses. 
 
 Put. The privilege of delivering personalty, as under a contract of sale, 
 within a certain time, at a certain price ; an option to sell ; the op- 
 posite of call. 
 
 Put in. To place in due form before a court ; to place among the rec- 
 ords of a court Put in ure: to put in practice or effect ; to carry 
 into effect Put out: to open ; to put out lights ; to open or cut win- 
 dows. Put upon: to rest upon; to submit to, as to- put one's self 
 upon the country. 
 
 Pntagium, 1. 1 In old English law. Fornication on the part of a woman. 
 
 Putative. Reputed; supposed; commonly esteemed. 
 
 (^. An abbreviation of queen, qiicere. (J. B.: Queen's Bench. (J. B. D.: 
 Queen's Bench Division. (J. C. : Queen's counsel. Q. V.: quod vide, 
 which see, — a reference to another passage or title. 
 
 Qua, II As ; considered as ; in the capacity of. 
 
 tiuacunque via data, I Whichever way given ; in whichever view of 
 the case. 
 
 Quadragesms, The third volume of the year books of Edward III., so 
 called, because beginning with the fortieth year of the reign. 
 
 Quadrienniura utile, I In Scots law. The term of four years allowed 
 to a minor, after his majority, in which to sue to annul any deed to 
 his prejudice, granted during his minority. 
 
 Quadrnplicatio, L In the civil law. A pleading on the part of a de- 
 fendant, following the triplicatio, and corresponding to the rebutter 
 at common law. 
 
 Quae ab hostibus capiuntur, statiin capientium Hunt, I Things which 
 are taken from enemies immediately become the property of the 
 captors. Qnte ad unum flnern loqunta sunt non debent ad alium 
 detorqueri: words which are spoken to one end [or with reference 
 
QVM 659 
 
 to one object] ought not to be perverted to another ; the sense of 
 ■words charged as slanderous is to be collected from the cause and 
 occasion of speaking them. Quaj colisereiit personae a persona 
 separai'l nequeunt: things which cohere to, or are closely con- 
 nected with, the person, cannot be separated from the person, — ap- 
 plied to the joinder of husband and wife as parties to actions. Qiias 
 commiini lege derogant stricte interpretantiir: [statutes] which 
 derogate fi-om the common law are atrictly interpreted. (Jua> con- 
 tra rationem juris iutroducta snnt, non debent tralii In conse- 
 qnentiam: things which are introduced contrary to the reason of 
 law ought not to be drawn into a precedent ; precedents which are 
 utterly against law and reason are void. Quae diibitationis cansa 
 toUeudae inseruntur, communem legem non laedunt: [clauses] 
 which are inserted [in an instrument] for the purpose of removing 
 doubt do not affect the common law. Quae incontinenti flnnt 
 inesse videntur: things which are done incontinently [or simulta- 
 neously with an act] are supposed to be inherent [in it ; to be a con- 
 stituent part of it]. Quae inter alios acta sunt nemini nocere 
 debent, sed prodesse possunt: things which are done between others 
 (or third parties) ought not to injure a person, but may benefit him. 
 Quae leg! commnni derogant non sunt trahenda in exemplnm: 
 things which derogate from the common law are not to be drawn into 
 precedent Qusb nihil frnstra: which (does or requires) nothing in 
 vain ; which requires nothing to be done that is to n<3 purposa Quae 
 non valeant [prosunt] singula, juncta juvant: things which may 
 have no force singly, united have an effect ; words in an instru- 
 ment which are ineffective when taken singly, operate when taken 
 conjointly. Quae praeter consuetudiaeiu et moreni majorum flnnt 
 neque placent neque recta videntur: things which are done con- 
 trary to the custom of our ancestors neither please nor appear right. 
 Quae sunt mlnoris culpae sunt inajoris infamiae: [offenses] which 
 are of a lower grade of guilt are of a higher degree of infamy ; an 
 allusion to the infamous punishments of pillory, branding aUid crop- 
 ping, which were formerly inflicted for minor offenses. 
 In old English law. Quae est eadem: formal words used in pleas in 
 actions of trespass, the defendant alleging that the plaintiff gave 
 him leave to enter on the land, and that he entered accordingly. 
 Quae in partes dividi nequeunt, solida a singulis praestantur: 
 things [or services] which cannot be divided into parts are rendered 
 entire severally [that is, by each several feoffee],— a maxim applied 
 to the apportionment of rents and services. Quae plura: what more ; 
 a writ which lay where an inquisition had been made by an escheator 
 of such lands as a man died seised of, and all that was in his posses- 
 sion was imagined not to be found by the olHcer,— the writ com- 
 manding the escheator to inquire what more the party held on the 
 d^y when he died. 
 
560 QU^ — QU^STUS. 
 
 In the civil law. Qnee ab initio inntilis fuit instltatio, ex post- 
 facto conralescere non potest: an institution wliicii was at the be- 
 ginning of no use or force cannot acquire force from after matter. 
 Quae accessionum locnm obtinent, extiuguuntnr cum piincipales 
 res peremptsB fuerint: things wliich liold tiie place of accessories 
 are extinguislied wiien tiie principal things are destroyed. Qnse 
 dubitationis toUendse cansa contractlbus insernntur, jas com- 
 mune non Isedunt: [clauses] which are inserted in contracts 
 for the purpose of removing doubt do not affect the common rule 
 of law. Quae ex hostibns capimns, jure gentium statim nostra 
 liunt: what wl take from enemies, by the law of nations immedi- 
 ately becomes ours. (Juse ex hostibus capiuntur, jure gentium 
 statim capientium flnnt: things which are taken from enemies, by 
 the law of nations immediately become the property of the captors. 
 Quae in testamento ita sunt script^ ut intelligi non possint, per- 
 inde sunt ac si srripta non essent: things which are so written in 
 a will that they cannot be understood are the same as if they had 
 not been written at all. (Juie propter necessitatem recepta sunt, 
 non debent in argumentum trahi: things which are admitted on 
 the ground of necessity ought not to be drawn into question. Quae 
 rerum natnra prohlbentur nulla lege conflrmata sunt: things 
 which are forbidden by the nature of things are [can be] confirmed 
 by no law. 
 
 Quaicunque intra rationem legis inveniuntur, intra legem ipsam esse 
 judicantur, I. Things which are found within the reason of a law 
 are supposed to be within the law itself. 
 
 (juaillbet concessio fortissime contra donatorem interpretanda est, I. 
 ' Every grant is to be interpreted most strongly against the grantor. 
 Quselibet jurisdictio cancellos suos habet: every jurisdiction has 
 its limits. 
 
 (Jusere, I. Inquire ; examine ; look into. A word denoting a doubtful 
 point, or suggesting further inquiry into a point or matter stated. 
 
 ({naerens, I. I. In old English law. A plaintiff ; the plaintifif. (Jua;- 
 rens nihil capiat per billam: the plaintiff shall take nothing by 
 his bill,— a form of judgment for the defendant ({u^rens non in- 
 venit plegium: the plaintiff did not find a pledge ; a return for- 
 merly made to a writ requiring the taking of security for prosecut- 
 ing the action. 
 
 Quierltnr, I It is doubted. Quseritur ut crescnnt tot magna TOlu- 
 niina legis? In promptu causa est,— crescit in orbe dolus: the 
 question is asked, why the volumes of the law multiply so fast? 
 The reason is at hand, — fraud increases in the world. 
 
 Quaestio, I. An inquiry ; a question, v. Cadit questio. 
 In the civil law. The question ; the torture ; inquiry or inquisition 
 by the infliction of torture. 
 
 Qoeestus, I. In old English law. Acquisition ; purchase. 
 
QUALE — QUANDO. 561 
 
 , ({uale jns, 2. In old English law. What kind of right;. a judicial writ 
 which lay where a clerk had judgment to recover land, to inquire 
 what right the plaiiitiff had to recover, and so to see that the statute 
 of mortmain was not evaded. 
 
 ({aaliflcatlon. An endowment or acquirement which renders fit for a 
 place or function. 
 
 Qualified. Fitted or prepared ; restricted, limited or modified. Qnali- 
 Ued elector, or voter: a person who has a legal right to vote. Qual- 
 ified for office: prepared by the filing of a bond or the taking of an' 
 oath, or both. Qualified property: a temporary or special interest 
 in a thing, liable to be totally devested on the happening of some- 
 particular event 
 In English law. Qualified fee: a fee having a qualification subjoined; 
 and which must be determined whenever the qualification is at an- 
 end ; otherwise termed a base fee. 
 
 Qualify. To make fit; to prepare for the discharge of a duty, as the- 
 dutie."! of an oflSce or trust by the filing of a bond or the taking of 
 an oath, or both ; to i-estrict, limit or modify. 
 
 Quamdin, L As long as ; so long as ; a word of limitation in old con- 
 veyances. Quaindiu se bene gesserit: as long as he shall conduct 
 himself well ; during good behavior ; a term used to express the 
 tenure of office, especially of judicial offices. 
 
 Qnamvis, I. Although. Quamvis aliquid per se non sit malum, ta- 
 men si sit mali exempli, non est faciendum: although a thing 
 may not be bad in itself, yet, if it is of bad example, it is not to be- 
 done. Qnamvis lex generaliter loquitur, restringenda tamen 
 est, nt, cessante ratione, ipsa eessat: although a law speaks gen- 
 erally, yet it is to be restrained, so that when its reason ceases, it 
 should cease also. 
 
 Quando,2. When. Quando abest provisio partis, adest provisio legis:: 
 when the provision of the party is wanting, the provision of the law 
 is at hand. Quando acciderint: when they shall happen, or come 
 to hand, — the technical name of a judgment against an executor or 
 administrator, where it is directed to be satisfied out of assets whichi 
 may afterwards come to his hands. Quando aliquid mandatiir,. 
 mandatnr et omnc per qnod pervenitur ad illud: when anything 
 is commanded, every thing by which it can be accomplished is alsp' 
 commanded. Quando aliqnid prohibetur, prohibetnr et omne 
 per quod derenitnr ad illud: when anything is prohibited, every 
 thing by which it is reached is prohibited also ; that which cannot 
 be done directly shall not be done indirectly. Qnando aliqnid pro- 
 liibetur fieri ex directo, proliibetnr et per obliqnnm: when any 
 thing is prohibited from being done directly, it is prohibited indi- 
 rectly also. Qnando aliquis aliqnid concedit, concedere videtur 
 et id sine quo res nti non potest: when a person grants any thing, 
 he is supposed to grant that also without which the thing cannot be 
 36 
 
562 QUANDO — QUANTUM. 
 
 used. Quando charta continet generalem clansnlam, posteaque 
 descendit ad verba specialia qnee clausalae general! snnt con- 
 sentanea, interpretanda est charta secundum verba specialia: 
 
 when a deed contains a general clause, and afterwards descends 
 to special words which are agreeable to the general clause, the 
 deed is to be interpreted according to the special words. Quando 
 de una et eadem re duo onerabiles existunt, unns, pro insufli- 
 cientia alterius, de integro oncrabitur: when there are two 
 persons liable for one and the same thing, one of them, in case of 
 default of the other, shall be charged with the whole. <}uaudo dis- 
 positio referri potest ad duas res, ita quod secundum relationem 
 anam ritiatur, et secundum alteram [aliam] utilis sit, tunc faci- 
 enda est relatio ad illam nt valeat dispositio: when a disposition 
 I in a will] may be referred to two things, so that according to one 
 reference it is destroyed, and according to the other it is eflfectual, 
 such a reference must be made that the disposition shall have effect 
 Quando diversi desiderantur actus ad aliqnem stiitnm perflcien- 
 dum, pins respicit lex actum origiualem: when different acts are 
 required to the formation of any estate, the law chiefly regards the 
 original act Quando [cum] duo jura concurruut in una persona, 
 seqnum est ac si essent in diversis: when two rights meet in one 
 person, it is the same thing as if they were in different persons. 
 Quando lex aliqnid alicni concedit, concedere videtur et id sine 
 quo res ipsa esse non potest: when the law grants anything to any 
 one, it is considered to grant that also without which the thing itself 
 cannot exist Quando lex aliquid alicui concedit, omnia inciden- 
 tia tacite conceduntar: when the law grants anything to any one, 
 all the incidents [of such thing] are tacitly granted [are granted by 
 implication]. Quando lex est specialis, ratio aut^m generalis, 
 generaliter lex est intelligenda: when a law is special, but its rea- 
 son [or object] general, the law is to be understood generally. Quando 
 li«etid quod majns, videtur et licereid quod minus: when the 
 greater is allowed, the less seems to be [is considered as] allowed alsa 
 Qnando plus lit quam fieri debet, videtur etiam illnd [ipsnm] 
 fieri quod faciendum est: when more is done than ought to be done, 
 that which is to be done is still considered to be done. Quando res 
 non valet ut ago, valeat quantum valere potest: when a thing is 
 of no effect as I do it, it shall have eflEect as far as [or in whatever 
 way] it can. Qnando Verba statuti sunt specialia, ratio antem 
 generalis, generaliter statutnm est intelligendum: when the words 
 of a statute are special, but the reason or object of it general, the 
 statute is to be construed generally. 
 
 Qnanti minorls, I Of how much less ; ' what reduction. 
 
 Quantity. Applied to an estate, denotes the duration and extent of the 
 tenant's interest as whether for years, for life or in fee. 
 
 Qaantnm, I As much as; so much; how much. Quantnm damnifi- 
 catns: how much he has been injured ; an issue directed to ascer- 
 
QUANTUM — QUARTO. 663 
 
 tain the amount of damages. Qiiantnm mernit: as much as he de- 
 served ; the common count for work and labor. Qnantmn valebant: 
 as much as they were worth ; the common count for goods sold and 
 delivered. 
 
 Qaarantine, qnarentine or quarentene. The period of forty days ; the 
 time during which a widow may remain in the chief house of her 
 husband after his death, pending; assignment of dower. The time 
 during which a vessel from infected coasts or ports is restrained 
 from discharging her passengers, 
 
 Qaare, t Wherefore; why; a formal word in old writs, especially 
 writs of trespass. Quare clansnm fregit: wherefore he broke the 
 close ; the technical name of the action of trespass for an illegal 
 entry upon land or premisea 
 In English law. Qnare impedlt: wherefore or why he hinders; a 
 writ or action which lies for the patron of an advowson, where he 
 has been disturbed in his right of patronage. Quare non adinisit: 
 wherefore, or why he did not admit ; a writ which lies against a 
 bishop for refusing to present the clerk of the prevailing party in 
 quare impedit. 
 In old English law. (Jnare ejecit infra terminnm: wherefore he 
 ejected within the term ; a writ which lay for a lessee where he was 
 ejected before the expiration of his term, and the wrong-doer or 
 ejector was not himself in possession of the lands, but his feoffee, or 
 another claiming under him. Qnare inciimbraTit: wherefore, or 
 why he incumbered ; a writ or action which lay against a bishop, 
 after judgment in an action of quare impedit, where he had incum- 
 bered the church with a clerk pending the action. Qnare obstrnxit: 
 wherefore he obstructed ; a writ which lay for one obstructed in a 
 right of way. 
 
 Qaarel, querel, /. fr. In old English law. A complaint or suit 
 
 Qnarentena or quarentena mnliernm, I I. In old English and Scots 
 law. Qnarentine ; widow's quarentine. v. Quarentine. 
 
 Quarrel. In old English law. A complaint or plaint; an action; a 
 cause of action ; a controversy or debate. 
 
 Qaarter, I. fr. In old English law. The fourth part of a day. 
 
 Quarter. A fourth part or portion. Quarter of a year: ninety-one 
 days, the additional six hours not being regarded. 
 In English law. Quarter sessions: a criminal court held before two 
 or more justices of the peace, one of whom must be of the quorum, 
 in every county, once in every quarter of a year. 
 
 Quartering. In English law. The dividing of a criminal's body into 
 quarters, after execution,— a part of the punishment for high treason. 
 
 Quarto die post, I I. On the fourth day after; the name given to the 
 fourth day inclusive after the return of a writ, on which, if a de- 
 fendant appeared, it was sufficient Otherwise called the appear- 
 ance day. 
 
564 QUASH — QUESTUS. 
 
 (jnash. To overthrow ; to annul ; to make void ; to set aside a writ or 
 other proceeding for some merely formal defect 
 
 Qnasi, I. As if ; as it were ; as though ; a term derived from the civil 
 law, and applied to acts, persons, etc., where they are so far like 
 other acts, etc., as to be assigned to the same general head, though 
 not strictly and properly belonging to it ({nasi contract: an implied 
 contract ; an improper contract ; a contract in which the obligation 
 was founded on the consent of the parties, not actually expressed, 
 but implied by law.' ({nasi corporation: a body which exercises 
 functions of a corporate character, but which has not been incorpo- 
 rated. Quasi delict: an improper offense ; an unlawful act, done 
 through negligence, without illrdesign. Qnasi deposit: a kind of 
 involuntary deposit, which takes place where a person comes law- 
 fully to the possession of property, by finding. 
 
 Qnasser, I. fr. To quash. Qnasse: quashed. 
 
 Quatnor pedibns cnrrit, 1. 1. Runs upon four feet ; runs upon all fours. 
 A term used to denote an exact correspondence, v. Nullum simile, 
 etc. 
 
 Qne, ?./»". Than ; that ; which ; who ; whosa Que est le mesme: which 
 is the same. Que estate: whose estate. 
 
 Queen's Bench. In English law. The court of King's Bench,— so called 
 during the reign of a queen. Queen's counsel: barristers called 
 within the bar, and selected to be the queen's counsel, learned in the 
 law. Queen's evidence: an accomplice in a felony, who is admitted 
 as evidence for the crown against his accomplices. 
 
 Querela, 1. 1. In old English law. A complaint or plaint in an action ; 
 a plaintiff's count or declaration; an action preferred in any court 
 of justica 
 In the civil law. A complaint A name given to the three actions of 
 querela inofflciosi testamenti, querela inofficiosce donationis, and 
 querela inofficiosm dotis. Querela inofflciosi testamenti: a com- 
 plaint of an inofficious or undutiful will ; a species of action allowed 
 to a child unjustly disinherited in its parent's will, to rescind the 
 will, as not consistent with parental duty. 
 
 Querele, qnerrel, i. /r. In old English law. A complaint ; an action. 
 
 ({uerens, L In old English law. A plaintiff ; the plaintiff or complain- 
 ing party. 
 
 Questa, I. I. In old English law. A quest ; an inquest upon the oaths 
 of an impaneled jury. 
 
 Qnestion. Inquiry; interrogation; an interrogation put to a witness; 
 a subject of inquiry, v. Federal question; Leading questioru 
 In old English law. The rack used to extort confession from crim- 
 inals. 
 
 Qnestns, quoestus, I. In old English law. Land gained not by heredi- 
 tary auccessioh, but by purchaaa 
 
QUESTUS-QUL 565^ 
 
 ^iieBtns est nobis, IL In old English law. Hath complained to. us; 
 initial words of various writs ; a writ of nuisance against one to 
 whom the person creating the nuisance had conveyed. 
 
 (^ni, qi, qy, I fr. Who ; whom. (Jui dolt iuherlter al pere doit in- 
 heriter al fltz: he who should have been heir to the father shall be 
 heir to the son. 
 
 Qui, I. Who ; he who. Qui adimit medium, dirimit linem: he who 
 takes away the mean destroys the end. Qui aliqnid statuerit, 
 parte inaudita altera, eequum licet dixerit, haud sequum fecerit: 
 he who determines any matter without hearing both sides, though 
 he may have decided right, has not done justice. Qui alterius jure 
 utitur, eodem jure uti debet: he who uses the right of another 
 ought to use the same right [that is, ought to use it subject to the 
 rights and liabilities pertaining to it]. Qui approbat non reprobat: 
 one who approbates [ratifies] cannot reprobate [repudiate, as to a. 
 part]. Qui bene disting'uit, bene docet: he who distinguishes well 
 teaches welL Qui bene iuterrogat, bene docet: he who questions 
 well teaches well Qui concedit aliquid, concedit omne id sine 
 quo concessio est irrita: he who grants any thing, grants every- 
 thing without which the grant is fruitless. Qui contemnit prae- 
 ceptnm, contemnit prsecipientem: he who contemns [contemptu- 
 ously treats] a command, contemns the pai-ty who gives it Qui 
 destruit medium, destruitilnem: lie who destroys the mean de- 
 stroys the end. Qui ex damnato coitu nascuntur inter liberos 
 non compntantur: they who are born of a condemned [or illicit] 
 connection are not counted among children. Qui facit per alinm, 
 facit per se: he who acts through another acts of himself. Qui habet 
 jnrisdietionem absolvendi, liabet jurisdictiouem li^andi: he who 
 has jurisdiction to loosen has jurisdiction to bind ; applied to writs of 
 prohibition and consultation, as resting on a similar foundation. Qui 
 haeret in litera, haeret in cortice: he who sticks [stops] in the letter 
 stops in the rind [or outer covering] ; he who stops in the mere let^ 
 ter of an instrument (goes no farther than the mere words of it), 
 stops in its outer covering, and does not reach its essential meaning. 
 Qui jure suo utitur, uemini facit injuriam: he who uses his own 
 right harms no one. v. Non videtur, etc. Qui jussu judicis aliquod 
 fecerit, non videtur dolo malo fecisse, quia parere necesse est: 
 be who does anything by command of a judge [or one lawfully ex- 
 ercising judicial authority] is not supposed to have acted from a 
 wrong or improper motive, because it was his bounden duty to obey. 
 Qui non habet: he who has not; — ille non dat: he who has not, 
 gives not; a person cannot convey a right that is not in him. 
 v, Nemo dare potest; — in ajre, luat in corpore: he who has not 
 [the means of satisfaction] in money must pay in his body ; if a 
 man cannot pay his fine, he must go to prison ; — in crumena, Inat 
 in corpore: he who has not [the means of satisfaction] in his purse 
 
566 QUL 
 
 must pay in his body ; if a man cannot pay his fine, he must go to 
 prison. Qui non improbat, approbat: he who does not condemn 
 approves. Qui non obstat quod obstare potest, facere videtur: he 
 who does not prevent [a thing] which he can prevent is considered 
 to do [as doing] it Qui non prohibet cum prohibere possit, jnbet: 
 he who does not forbid [a thing being done] when he can forbid it 
 conjmands [it]. Qui non prohibet quod prohibere potest, as- 
 sentire videtur: he who does not forbid [an act] which he can for- 
 bid is supposed to assent [to it]. Qui obstruit adituin, destruit 
 commodum: he who obstructs a way, passage or entrance destroys 
 a benefit or convenience. Qui " omne " diclt, nihil exclndit [ex- 
 cipit]: he who says " all " excludes or excepts nothing. Qui peccat 
 ebrittS, luat sobrius: he who sins when drunk shall be punished 
 when sober. Qui per alium facit, per seipsuin facere videtur: he 
 who acts by another is considered as acting of himself, — the funda- 
 mental principle of the law of agency, and a maxim of almost uni- 
 versal application. Qui potest et debet vetare, jubet: he who can 
 and ought to forbid a thing [if he do not forbid it] directs it Qui 
 primnm peccat, ille facit rixam: he who first sins makes the strife. 
 Qui prior est tempore, potior est jure: he who is before in time 
 is the better in right;, priority in time gives preference in law. 
 Qui rationem in omnibus qusernnt, rationem subvertunt: they 
 who seek a reason in [for] everything subvert reason. Qui semel 
 actionem renunciaverit, amplins repetere non potest: he who 
 has once relinquished his action cannot bring it again. Qui semel 
 est mains, semper prsesumitur esse mains in eodem genere: he 
 who is once criminal is presumed to be always criminal in the same 
 kind, or way. Qui sentit commodum, sentire debet et onus: he 
 who experiences the benefit ought also to feel [or bear] the burden, — 
 a maxim of most extensive application in law. Qui sentit onus, 
 sentire debet et commodum: he who bears the burden of a thing 
 ought also to experience the advantage arising from it Qui statuit 
 aliquid, parte inaudita altera, sequum licet statuerit, Iiand 
 sequus fuit: he who determines any thing, without hearing both 
 parties, though he may have determined justly, has not himself 
 been just, — a sentence from Seneca which has been adopted as a 
 maxim of the common law. v. Qui aliquid statuerit, etc. Qui 
 tacet: he who is silent ; — consentire videtur: he who is" silent 
 is supposed to consent; the silence of a party implies his con- 
 sent ; the principle of the doctrine of implied waiver, of the validity 
 of proceedings by default etc., and of the doctrine of equitable es- 
 toppel in equity ; — consentit: he who is silent, consents. Qui tam: 
 who as well ; the name of action brought by an informer, where 
 part of the penalty or forfeiture sued for is given to the king, the 
 state, the poor, or to some public use, and the other to the informer 
 or prosecutor ; — pro domino regre, etc., quam pro seipso in hao 
 
QUI-QUICQUID. 567 
 
 parte seqnitur: who sues as well for the king, etc., as for himself 
 in this behalf. Qui timent, cavent et vitant: they who fear take 
 care and avoid. Qui vult decipi, decipiatiir: let him who chooses 
 to be deceived be deceived. 
 In the civil law. Qui cnm alio contrahit, vel est, vel esse debet 
 non i^narns conditionis ejus: he who contracts with another either 
 is, or ouglit to be, not ignorant of his condition. Qui in jus do- 
 miniumve alterius succedlt, jure ejus uti debet: he who succeeds 
 to the right or property of another ought to use his right [ought to 
 exercise it as the assignor himself would have exercised it], Qnl 
 tacet non utique fatetur, sed taiuen verum est eum non negare: 
 he who is silent does not thereby confess, but yet it is true that he 
 does not deny. Qui tardius solvit, minus solvit: he who pays 
 more tardily [than he ought] pays less [than he ought], v. Minus. 
 
 Quia, I. Because ; used in old conveyances to express the cause or con- 
 sideration of a grant Quia emptores: because the purchasers ; the 
 statute of Westminster 3, 18 Edw. I., c. 1, which provided that it 
 should be lawful for every freeholder to sell his lands at his pleas- 
 ure, the feoffee holding of the lord paramount of the same fee, by 
 the same services and customs by which his feoffor before held 
 them. Quia timet: because he ffers or apprehends ; a bill filed by 
 a party who seeks the aid of equity, because he fears some future 
 probable injury to his rights or interests. 
 In old English law. Quia datum est nobis intelligi: because it is 
 given to us to understand. Quia dominus remlsit curiam: because 
 the lord hath remised or remitted his court; a clause at the conclu- 
 sion of a writ of right brought, in the ^rst instance, in the king's 
 court Quia erronice emanavit: because it issued erroneously, or 
 through mistake. Quia improvide emanavit: because it issued 
 improvidently, or unadvisedly. 
 
 Quick. Living; alive. 
 
 Qnicquid, I Whatever. Quicquid acquiritur servo, acquiritur do- 
 mino: whatever is acquired by the servant is acquired for the mas- 
 ter ; whatever rights are acquired by an agent are acquired for his 
 principal. Qnicquid est contra normam recti, est injuria: what- 
 ever is against the rule of right is a wrong. Qnicquid in excessn 
 actum est, lege prohibetur: whatever is done in excess is prohibited 
 by law. Quicquid judicis auctoritati snbjicitur, novitati non 
 snbjicitnr: whatever is subjected to the authority of a judge is not 
 subjected to novelty ; whatever is left to the discretion of a judge, 
 as in cases without precedent, is not for that reason left to the ca- 
 price of novelty or innovation. Quicquid plantatur solo, solo cedit: 
 whatever is planted in the soil belongs to the soil [or becomes a part 
 of it]. A maxim derived from the civil law, expressing the general 
 rule, that whatever is planted in the soil passes with it, and, by an 
 extension of the meaning of the word plantatur, also applied to fix- 
 
S68 QUICQUID — QUITCLAIM. 
 
 tures. Qnicqnid solvitur, solvitur secnndum modnm solrentis, — 
 qnicqnid recipitnr, recipitnr secnndum modnm recipientia: what- 
 ever is paid, is paid according to the manDer of [directed or intended 
 by] the payer, — whatever is received, is received according to that 
 of the receiver. 
 
 Quid,;. 'What. Quid pro quo: what for what; something for some- 
 thing ; an equivalent, or consideration. 
 In old English law. Quid juris clamat: what right he claims ; a writ 
 which lay for the grantee of a reversion or remainder, to compel the 
 particular tenant to attorn. 
 
 Quiet enjoyment, covenant for. A covenant whereby a grantor agrees 
 that the grantee shall hold the land conveyed, undisturbed by him- 
 self or others. 
 
 Quieta clamantia, or quiete clamantia, 1. 1 In old English law. Quit- 
 claim. 
 
 Qnietancia, qnietantia, I. I. In old English law. A quittance, acquit- 
 tance. 
 
 Quietare, I. I. To quit, acquit, discharge or save harmless. 
 
 Quiete,/. Quietly; in quiet; peaceably. A formal word in ancient 
 deeds. 
 
 Quiete clam are, quietum clamare, I. I. In old English law. To quit- 
 claim ; to renounce all pretension of right and title. . 
 
 Quietus, I. I. In American law. The discharge of an executor or ad- 
 ministrator. 
 In English law. An acquittance or discharge ; a word used by the 
 clerk of the pipe and auditors in the exchequer in their acquittances 
 to accountants. 
 In old English law. The dismissal or removal of a judge from the 
 bench. 
 
 Quietus, quittns, 1. 1. In old English law. Quit ; clear ; free ; acquitted ; 
 discharged. Quietus redditus: quit rent 
 
 Quilibet potest renunciare juri pro se introdncto, I. Any one may 
 renounce or relinquish a right introduced for his own benefit 
 V. Omnes licentiam, etc. ; Potest quis, etc. ; Unieuique licet, etc. 
 
 Qninqne portus, I. In old English law. The Cinque Ports. 
 
 Qninsieme, quinzime, I. fr. and eng. In old English law. A fifteenth ; 
 a tax so called. 
 
 Quinto exactus, I. In old English law. Called or exacted the fifth time ; 
 a return by the sheriff after the fifth and last proclamation, in out- 
 lawry. 
 
 ,Quit. Free; clear; discharged; released; acquitted or absolved. Quit 
 rent: a yearly rent, by the payment of which the tenant goes quit 
 and free of all other services ; in some places a fee farm rent 
 
 Quitclaim. To lease or relinquish a claim; to execute a deed of quit- 
 claim. 
 
QUITCLAIM — QUOD. 569 
 
 (Jultclaim. The release or relinquishment of a claim ; a deed of release ; 
 a conveyance by which the grantor covenants only against those 
 VFho claim under himself. 
 
 Quite clamaiince, I. fr. Quitclaim. 
 
 Quittns, I. I. In old Scots law. Quit ; free, (juittos et immunes: quit 
 and clear. 
 
 Quo, I. By what; in what; with what Quo aniino: with what inten- 
 tion or motive. Quo warranto: by what warrant ; a proceeding by 
 information in the nature of quo warranto against one who claims 
 or usurps an office or franchise, to inquire by what right. 
 In English law. Quo minus: by which, not; a process peculiar to 
 the court of exchequer, by which all actions in that court were, 
 until recently, x-equired to be commenced. 
 In old English law. Quo jure: by what right; a writ which lay 
 against one who claimed common of pasture to compel him to show 
 by what title he claimed it Quo warranto: by what warrant ; a 
 writ, in the nature of a writ of right for the king, against one who 
 claimed or usurped any office, franchise or liberty, to inquire by 
 what authority he supported his claim; also, in case of misuser, 
 neglect or abuse of a franchise to compel the defendant to show by 
 what warrant he exercised the franchise. 
 
 Quoad, 2: As to; as far as concerns. Quoad hoc: as to this ; so far as this 
 is concerned. Quoad sacra: as to sacred things ; for religious pur- 
 poses. 
 
 Quod, I. What ; that which ; which ; whatever ; that Qnod ab initio non 
 Talet, [in] tractu temporis non conA'alescet: that which is not 
 valid at the beginning shall not gain force by lapse of time. Quod 
 eediilcatnr in area legata, cedit legato : whatever is built on ground 
 given by will goes to the legatee. Quod alias: what otherwise; 
 — bonum et justum est, si per vim vel frandem petatnr, malum 
 et injustum efflcitur: what otherwise is good and just, if it be sought 
 by force and fraud, becomes bad and unjust ; — ncn fnit licitum, 
 necessitas licitum facit: what otherwise was not lawful, necessity 
 makes lawful. Quod ante nnllius est, id natural! ratione occu- 
 pant! conceditur: that which belongs to no one is by natural reason 
 given to the occupant Quod approbo non reprobo: what I approve 
 I do not reject Quod breve cassetur: that the bill be quashed ; 
 the form of judgment on a plea in abatement Quod computet: that 
 he account ; the first or interlocutory judgment in the action of ac- 
 count requiring the defendant to account before auditors. Quod 
 constat: what appears; — clare non debet verillcari: what ap- 
 pears clearly ought not to be verified [averred, i. e. proved] ; — euritc, 
 opere testiura non indiget: that which appears to the court needs 
 not the aid of witnesses. Quod contra legem fit, pro infecto habe- 
 tnr: that which is done against law is regarded as not done at all. 
 Qnod demonstrandi eausa additur rei satis demonstratse, I'rustra 
 
570 QUOD. 
 
 lit: that which Is added, for the purpose of demonstration, to a 
 thing already sufficiently demonstrated, is done to no purpose. Quod 
 dabitas, lie feceris: what you doubt of, do not do ; in a case of 
 moment, especially in cases of life, it is safest to hold that which has 
 least doubt and danger. Qaod est: what is ; — ex necessitate iiiin- 
 quam introducitur, nisi qiiando uecessarium: that which is of 
 necessity is never introduced, unless when necessary ; — iuconven- 
 lens aut contra rationem, non permissum est in lege: that which 
 is inconvenient, or against reason, is not permitted in law ; — ne- 
 cessarinm estlicitum: what is necessary is lawful. Quod fieri, etc. : 
 V. Fieri, etc. Quod lieri debet facile praisumitur: what ought to 
 be done is easily presumed. Quod lieri non debet, factum valet: 
 that which ought not to be done, when done is valid, v. Fieri non, eta 
 Quod in minor! valet, valebit in niajori; et quod in majori non 
 valet, nee valebit in minori: that which is valid in the less shall 
 be valid in the greater ; and that which is not valid in the greater 
 shall neither be valid in the less. Quod in nno similinm valet, 
 valebit in altero: that which is effectual in one of two like things 
 shall be effectual in the other. Quod iuconsulto fecimus, consul- 
 tins rev6cemus: what we have done without due consideration, 
 upon better consideration we should revoke or undo ; applied to a 
 sheriff's return. Quod meuni est: that which is mine ; — sine me 
 auferri non potest: that which is mine cannot be taken away with- 
 out my assent ; — sine facto meo vel defectu meo amitti vel in 
 alium trausferri non potest: what is once mine cannot be lost 
 or transferred to another without my act or , default Quod 
 necessarie [sub] intelligitur non deest: that which is necessarily 
 understood is not wanting. Quod [quicquid] necessitas cogit, 
 defendit: what necessity compels, it justifies. Quod non apparet, 
 non est: that which does not appear is not. Quod non habet prin- 
 cipium, nou habet flnem: that which has not a beginning has not an 
 end ; applied to collation to benefices by lapse. Quod nullius est id 
 ratione natural! occupanti conceditur: that which has no owner is 
 by natural right yielded to the [first] occupant. Qiiod omues tanglt, 
 ab omnibus [per omues] debet supportari: that which touches 
 or concerns all ought to be supported by all. Quod partes replaci- 
 tent: that the parties do replead; the form of the judgment on 
 award of a repleader. Quod partitio flat: that a partition be 
 made. Quod per me non possum, nee per allum: what I cannot 
 do by myself, I cannot by another. Quod pure debetur prsB- 
 senti die debetur: what is due unconditionally is due to-day. 
 Quod recuperet: that he do recover ; the ordinary form of judg- 
 ments for the plaintiff in an action. 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: that which is without a remedy is 
 
QUOD. 571 
 
 valid by the [mere force of the] thing [or act] itself, if there be no 
 fault Qnod respondeat, etc. : v. Respondeat, etc. Qaod salruin 
 fore receperint: which they received for safe keeping. Qaod semel: 
 that which once ; — meuin est, amplius menm esse iion potest: 
 that which is once mine cannot be more mine; a party iu possession 
 needs not to have delivery of possession made to him ; — plncuit 
 in electiouibus amplius displicere non potest: election once made 
 cannot be revoked, ({nod si contin^at: that if it happens ; words 
 by which a condition might formerly be created in a deed. Quod 
 stet proJiibitio: that the prohibition continue. Quod sub certa forma 
 concessum yel reservatum est, non trahitur ad valorem vel coni- 
 pensationem: that which is granted or reserved under a, certain 
 form is not [permitted to be] drawn into valuation or compensa- 
 tion. Quod subintelligitnr non deest: what is understood is not 
 wanting. Quod tacite intelligitur deesse non videtur: what is 
 tacitly understood is not considered to be wanting. Quod vide: 
 which see. Quod vol uit non dixit: what he intended he did not 
 
 I say, or express ; he may have intended so, but he did not say it ; an 
 answer sometiaies made in overruling an argument that the law- 
 maker or testator meant so and so. 
 
 Tn English law. Quod nuUius est, est domini regis: that which has 
 no owner belongs to the king. 
 
 In old English law. Quod concessnm fuit: which was granted. 
 V. Quod fuit concessum. Quod cnm: that whereas ; the emphatic 
 words used in the commencement of the old Latin declarations, 
 where the charge was made by way of recital. Quod curia conces- 
 sit: which the court granted. Quod ei deforceat: that he deforces 
 him; a writ which lay for tenants in tail, or tenants in dower, or 
 by the curtesy or for term of life, where they had lost their lands 
 by default in a prcecipe quod reddat brought against them. Qnod 
 fuit concessum: which was granted ; a phrase denoting that an ar- 
 gument or point made by a counsel or judge was acq^iesced in or 
 approved by the court, v. Concessum; — per totam curiam: 
 which was granted by the whole court. Quod nemo negavit: which 
 no one denied. Quod non capit Christus, capitflscus: what Christ 
 [the church] does not take the treasury takes ; goods of a felo de se 
 go to the king. Quod non fuit negatum: which was not denied. 
 Quod nota: which note ; which mark ; a reporter's note in the old 
 books, directing attention to a point or rule. Quod permittat: that 
 he permit ; a writ which lay for the heir of one disseised of his com- 
 mon of pasture against the heir of the disseisor; also a remedy for 
 the enforcement of other privileges ; — prosternere: that he per- 
 mit to abate ; a writ in the nature of a writ of right, which lay to 
 abate a nuisance. Quod Ti aut clam: what by force or covertly, 
 v. Vi aut clam. 
 
572 ' QUOD — QUONIAM, 
 
 In the civil law. Quod a qnoquo, pceuee nomine, exactnm est, id 
 eidem restitnere nemo cogitur: that which is exacted from any- 
 one in the name of a penalty, no one is compelled to restore to him. 
 Quod ab initio vitiosum est, non potest tractu temporis convales- 
 cere: that which is not valid in the beginning cannot gain force by 
 lapse of tima\ v. Quce ab initio. Quod contra rationem juris re- 
 ceptum est, non est producendum ad consequeutias [conseqnen- 
 tia]: that which has been received or admitted against th'e reason of 
 the law is not to be drawn into precedents. Quod ipsis qui con- 
 traxerunt obstat, et successoribus eorum obstabit: that which 
 bars those who have made a contract will bar their successors also. 
 Quod jussu: which [was done] by order ; an action given to one who 
 had contracted with a son or slave, by order of the father or master, 
 to compel the father or master to stand to the agreement Quod 
 jussu alterius solvitur pro eo est quasi ipsl solutum esset: that 
 which is paid by the order of another is the same as though it were 
 paid to himself. Quod naturalls ratio inter omnes homines con- 
 stituit, vocatur jus gentium: that which natural reason has estab- 
 lished among all men is called the law of nations, v. Jtt.<! gentium. 
 Quod nullius est, id ratione natural! occupanti coneeditur: that 
 which is the property of no one is, by natural reason, given to the 
 [first] occupant Quod populus postremum jussit, id Jus ratum 
 esto: what the people have last enacted, let that be the established 
 law ; a law of the Twelve Tables, the principle of which is still rec- 
 ognized. Quod principi placult, legis habet vigorem: that which 
 has pleased the prince has the force of law ; the emperor's pleasure 
 has the force of law, — a celebrated maxim of imperial law. Quod 
 proprium est ipsius, amplius ejus fieri not potest: that which is 
 , a man's own property cannot be made more his own. Quod quis ex 
 culpa sua damnum sentit, non intelligitur damnum sentire: the 
 damage which one experiences from his own fault is not considered 
 as his damage. Quod quis sciens indebitum dedit hac mente, ut 
 postea repeteret, repetere nOn potest: that which one has given, 
 knowing it not to be due, with the intention of re-demanding it he 
 cannot recover. Quod semel aut bis existit, prseterennt legisla- 
 tores: what happens once or twice, legislators pass over [i. e., they 
 do not provide for extraordinary cases], v. Ad ea quce frequentius, 
 etc. 
 
 Quomodo quid constitnitur, eodem modo dissolvitur, Z. In whatever 
 way a thing is constituted, in the same way is it dissolved (a record 
 by a record, writing by writing, parliament by parliament, parol by 
 parol). 
 
 Quoniam Attachiaraenta, 1. 1 Since the Attachments ; one of the oldest 
 books in the Scots law ; so called from the first two words pf the 
 volume. 
 
QUORUM — RANKING. 5 73 
 
 Qaorain, I. Of whom ; whereof. The word has In modern law become 
 a substantive, used in the titles of justices of the peace, and thence 
 as an ordinary word, to denote a certain number of persons whose 
 presence is requisite at meetings of public or private bodies, for the 
 transaction of business. 
 
 (Jnotles, I Whenever ; as often as ; as long as. Quoties dubia interpre- 
 tatlo libertatis est, secundum libertatein respondendum erit: as 
 often as [whenever] the interpretation of liberty is doubtful, the an- 
 swer should be on the side of liberty. Quoties idem sermo duas sen- 
 tentias exprimit, ea potissimum exclplatur, qu% rei ^erendo; ap- 
 tier est: whenever the same language expresses two meanings, that 
 should be adopted which is the better fitted for carrying out the 
 subject-matter. Quoties in stipnlationibus ambigua oratio est, 
 commodissimum est id accipi quo res de qua agitur in tuto sit: 
 whenever the language of stipulations is ambiguous, it is most fit- 
 ting that that [sense] should be taken by which the subject-matter 
 may be protected. Quoties in verbis nulla est ambiguitas, ibi 
 nulla expositio contra verba [expressa] tienda est: as long as 
 there is no ambiguity in the words [of an instrument], there should 
 be no interpretation made against the [express] words. 
 
 Qnotaplex, /. Of how many kinds ; of how many fold. 
 
 Qnonsque, I. As long as; until. 
 
 Quovis modo, I. In whatever manner. 
 
 Qunm, I. When. Quum in testamento ambi^ue ant etiam perperam 
 scriptum est, benigne iuterpretari et secnndnm id quod credi- 
 bile est cogitatnm, crcdendum est: where an ambiguous or even 
 an erroneous expression occurs in a will, it should be construed liber- 
 ally and in accordance with the testator's probable meaning. 
 In the civil law. Quum de lucre duornm quteratnr, melior est 
 cansa possidentis: when the question is as to the gain of two per- 
 sons, the title of the party in possession is the better one. 
 
 R. An abbreviation of regina, rex. R. G.: regulce generales, general 
 orders or rules. R. L.: revised laws. R. 8.; revised statutes. 
 
 Rachetum, I L In old Scots law. A pecuniary satisfaction or compo- 
 sition for an offense, answering to the Saxon weregild ; theft-bote. 
 
 Rack rent A rent of the full value of the tenement, or near it 
 
 Raencon, raancon, ranceonn, I fr. A ransom, or fine. 
 
 Raise. To create, or constitute ; to call into existence. 
 
 Ran, sax. In Saxon and old English law. Open theft, or robbery. 
 
 Ranger. In English law. A sworn officer of the forest, whose office 
 chiefly consists in preventing and prosecuting trespasses. 
 
 Ranlt. In English law. Excessive, too large in amount,— as a rank 
 modus. 
 
 Ranking; In Scots law. The arrangement of the claims of creditors in 
 an order showing their legal priorities. 
 
574 EANSOM — RATIHABITIO. 
 
 Ransom. Redemption from the power of another ; a sum paid for such 
 redemption ; in international law, the redemption of captured prop- 
 erty from the hands of an enemy, particularly of property captured 
 at sea. Ransom hill: an instrument witnessing a ransom contract 
 Ransom contract: a contract to pay a sum for such a purpose. 
 Ransom debt: the sum agreed to be paid for the redemption of capt- 
 ured property, particularly property captured at sea. 
 In old English law. A species of fine; a severe or heavy kind of fine, 
 beyond the ordinary amount, which, where a statute spoke of both 
 a fine and a ransom, should be at least treble the fina 
 
 Rap, I fr. Rape. Eap de femme: rape of a woman. 
 
 Rape. The carnal knowledge of a woman forcibly and against her will, — 
 forcibly meaning little if anything more than without consent. 
 In English law. An intermediate division between a shire and a hun- 
 dred, or a division of a county, containing several hundreds. 
 In old English law. Rape of the forest: trespass committed in a for- 
 est by violenca 
 
 Rape-reeve. In English law. The chief oBScer of a rape. 
 
 Rapere, L In old English law. To ravish. 
 
 Rapina, I. In old English law. Open and violent larceny from the 
 person; robbery. 
 In the civil law. The violent taking from the person of another, of 
 money or goods for the sake of gain ; robbery from the person. 
 
 Raptor, I I. In old English law. A ravisher. 
 
 Rapnit, I I. In old English law. Ravished, — a technical word in old 
 indictments. 
 
 Rase. To rub or scrape ; to rub out 
 
 Rase. In old English law. Struck measure, q. v. 
 
 Rasnm rel abolitum, I. Razed or obliterated. 
 
 Rasnra, I. I. In old English law. A rasure. 
 
 Rasnre. A scraping off; the removal of words from an instrument by 
 scraping off or out 
 
 Rasns, rasum, II In old English law. Eased ; erased ; struck ; scraped 
 off. 
 
 Rata, I I In old English law. A rate ; a proportion. 
 
 Ratam rem habere, I. In the civil law. To hold a thing ratified ; to 
 ratify or confirm it. 
 
 Rate. Price, value ; standard, rank ; an assessment or tax. 
 
 Ratitl6are, U In old English law. To ratify. Ratiilcasse: have rati- 
 fied. 
 
 Ratification. The confirmation of an act done either by the party him- 
 self or by another ; confirmation of a voidable act 
 
 Ratihabitio, 2. Jn civil and old English law. A holding as approved ; 
 approval or ratification. Ratihabitio mandato wquiparatur: rati- 
 fication is equivalent to express command, v. Omnis ratihabitio, 
 etc. 
 
RATIO — REAL, 575 
 
 Ratio, 1. Reason ; a roason ; the reason ; an account ; a cause. Ratio 
 decidendi: reason for deciding; the gi-ounds of decision. Ratio 
 legis: the reason or occasion of a law ; the occasion of malsing a 
 law ; — est anima legis; mutata legis latione, mutatnr et lex: 
 the reason of a law is the soul of the law ; when the reason of a law 
 is changed, the law also is changed. 
 
 Rationabilis, ^ In old English law. Reasonable, v. De rationabili; 
 De rationabilibus. 
 
 Ratione, L By reason ; on account. Ratione impotentia;: on account 
 of inability. Ratione loci: by reason of place. Ratione inateriae: 
 from the nature of tlie subject Ratione persoiise: from the char- 
 acter of the person. Ratione privllegii: by reason of privilege 
 Ratione soli: on account of the soil ; with reference to the soil. 
 Ratione teniira;: by reason of tenure; as a consequence of tenure. 
 V. Cessante ratione, etc. 
 
 Ratnm, I. Held good, valid. 
 
 Raansom, rannsome, I. fr. In old English law. Ransom; a fine; a 
 severe kind of fine. 
 
 Ravishment. In old English law. A forcible taking away, as of a ward. 
 V. De raptu. 
 
 Raze. To erase. 
 
 Re,Z./r. In old English law. King. Real, reale: royal; regal; belong- 
 ing to the king. Real clif min: the royal way ; the king's highway. 
 
 Re, I. In the matter of ; in the case of. 
 
 Real. Actual, not formal or nominal ; a relating to land, or to ownership 
 of or title to land, — a sense derived from the feudal law, in which 
 land was more important than other things. Real action: an action 
 for the recovery of real property ; an action relating to real prop- 
 erty. Real assets: real estate in the hands of an heir, chargeable 
 with the payment of the debts of the ancestor. Real contract: a 
 contract respecting real property, as a lease for years. Real estate: 
 landed property, including all estates and interests in lands which 
 are held for life or some longer period of duration ; — broker: one 
 who engages in the purchase and sale of real estate as a busine.ss. 
 Real evidence: evidence of which any object belonging to the class 
 of things is the source, persons included, in respect of such proper- 
 ties as belong to them in common with things. Real property: 
 lands, tenements and hereditaments. Real things, or things real: 
 things permanent, fixed and immovable, as lands and tenements, and 
 the rights and profits annexed to or issuing out of them. 
 In old English law. Real wrong; an injury to the freehold. 
 In Scots law. Real right: a right of property in a subject ; a jus 
 
 in re. 
 In the civil law. Relating or belonging to, or founded upon, a thing, 
 as distinguished from personal, which related to a person,— the 
 proper sense of the word. Real contract: a contract in which the 
 
576 EEA:L - RECAPTION. 
 
 obligation arose from the thing itself which was the subject of it 
 Real injury: an injury arising from an unlawful act, as distinguished 
 from a verbal injury. Real, or'prsedial servitnde: a right which 
 one estate or piece of land owes to another. Real statutes: statutes 
 which in the main have property for their subject 
 
 Realis, I. I. In old English law. Real ; relating to land. 
 
 Realty. The quality of being real, or relating to lands and tenements ; 
 things real. 
 
 Reasonable. Agreeable to reason; conformable to law; ordinary or 
 usual. Reasonable care: the care which men of ordinary prudence 
 are accustomed to employ, v. Ordinary. Reasonable cause: as 
 applied to human action, that which would constrain a person of 
 average intelligence and ordinary prudence ; probable cause ; legal 
 cause. Reasonable doubt: as applied to jurors, a condition of mind, 
 after consideration and comparison of all the evidence, short of an 
 abiding conviction to a moral certainty of the truth of the charge. 
 Reasonable skill: as applied to a physician or surgeon, the skill 
 commonly possessed and employed by men of the profession. Rea- 
 sonable time: depends on the circumstances of the case. 
 In old English law. Reasonable part: the share of the goods of a 
 man which the law gave to his wife and children upon his decease. 
 
 Reassurance. A contract by the first insurer of property with another 
 insurer, by which he has the entire sum he has insured, reassured to 
 him. 
 
 Rebellion, v. Commission. 
 
 Rebotable, Ifr. That may be put or thrust back or rebutted ; rebuttable, 
 
 Reboter, rebonter, Z. /n To put or thrust back; to repel; to bar; to 
 rebut. Reboter I'assise: to bar the assise. 
 
 Rebus integris, I. The circumstances complete [yet unchanged]. 
 
 Rebut. To repel ; to meet or counteract the effect of opposing allega- 
 tions or'evidence. 
 
 Rebuttable presumption. A presumption which may be rebutted by 
 evidence. 
 
 Rebutter. A defendant's answer of fact to a plaintiff's surrejoinder ; 
 the third pleading on the part of the defendant 
 
 Rebutting. As applied to evidence, evidence adduced on the part of a 
 plaintiff or prosecutor to repel or counteract evidence on the part of 
 a defendant or prisonei- ; any evidence adduced to counteract the 
 effect of prior evidence. 
 
 Recal. To reverse a judgment on writ of error for error in fact 
 
 Recaption. A retaking, or taking back ; a species of remedy by act of 
 the party injured, when one has deprived another of his property in 
 goods or chattels personal, or wrongfully detains his wife, child or 
 servant ; called also reprisal. 
 In English law. A writ to recover damages for a second distress, 
 pending replevin for the first one. 
 
RECEDERE — RECITAL. 577 
 
 Eecedere, I. In old English law. To go back ; to recede ; to draw back ; 
 to retire or be dismissed from court 
 
 Eecedet inde reus qnietus imperpetnnm, I. The defendant shall go 
 quit thereof forever. 
 
 Receditnr aplacitis jaris, potins qnain injnrite et delicta maiieant 
 impiinita, /. Positive rules of law (as distinguished from maxims 
 or conclusions of reason) will be receded from [given up or dispensed 
 with] rather than crimes and wrongs should remain unpunished. 
 
 Recednut sine die, I. ' Go without day. 
 
 Receipt. A taking or an accepting of a thing delivered ; an acknowl- 
 edgment in writing of having received money, goods or other valu- 
 able consideration ; an acquittance. 
 
 Receiptment. In old English law. The receiving or harboring of a 
 felon knowingly. 
 
 Receiptor. One who receives a thing delivered ; one who executes a 
 writing witnessing such an act; a person to whom goods levied on 
 are delivered, on his undertaking to deliver them to the sheriff on 
 demand, or to pay the amount of the execution, with costs. 
 
 Receiver, I. fr. To receive ; to admit. 
 
 Receiver. One who receives and conceals stolen goods ; a person ap- 
 pointed by a court of equity to take possession of property the subject 
 of litigation and to care for the same, under direction of the court, 
 pending the litigation, — a trustee and pro hoc vice an officer of the 
 court Receiver's certiflcate: a non-negotiable evidence of debt 
 issued under authority of the court by a receiver of a debtor corpo- 
 ration as a first lien on the property. 
 
 Recens insecntio, I. I. In old English law. Fresh suit, fresh pursuit- 
 pursuit of a thief immediately after discovery of the robbery. Re- 
 cens secta: fresh suit 
 
 Receptamentam, Z. t In old English law. Receiptment; the receiving 
 or harboring of a felon. 
 
 Receptare, 1. 1. In old Engli.ih law. To receive ; to harbor (a felon). 
 
 Receptator, I. In civil and old English law. A receiver or harborer 
 of a robber or other felon. 
 
 Receptor,?. In old English law. Receiver; a receiver. Eecepto'r de- 
 nariornm: receiver of moneys. Receptrix: a female receiver. 
 
 Recessas, I. In old English law. A going from ; a going off or out of land ; 
 egress. Recessus maris: a going back, reliction or retreat of the sea. 
 
 Recetonr, recettour, I. fr. In old English law. A receiver or harborer 
 of a felon ; an accessory after the fact 
 
 Recettement, Z. /r. In old English law. Receiptment; the receiving 
 and harboring of a feloa 
 
 Recital. In conveyancing, a preliminary statement in a deed or other 
 instrument of such matters as are necessary to explain the reasons 
 on which the transaction is founded ; in pleading, the statement of 
 matter as introductory to some positive allegation. 
 37 
 
578 RECLAMER — RECORD ARE. 
 
 Beclamer, L fr. To reclaim ; to make a claim ; to challenge. 
 
 Becogruitio, I. 2. In old English law. An assise ; a jury, as distinguished 
 from an assise proper ; the vei-diot of an assise ; an acknowledg- 
 ment ; a recognizance. 
 
 Eecognitor, 1. 1. In old English law. A person impaneled on an assise. 
 
 Beeognitnra, 1. 1. In old English law. To recognize. 
 
 Becognizance, recognisance. An acknowledgment upon record; an 
 acknowledgment of a debt upon record ; an obligation of record, 
 entered into before a court or a magistrate duly authorized, with 
 condition to do a particular act, — as to appear at court, to keep the 
 peace, to pay a debt, or the like ; the undertaking of special bail in a 
 civil action, of which the bail piece is a memorandum. 
 In old English law. Ah assise ; the inquisition or verdict of an as<<ise. 
 
 Becognize. To bind or to become bound by a recognizance. 
 In old English law. To examine, or try ; to inquire so as to know. 
 
 Becognizee. One in whose favor a recognizance is executed, v. Cog- 
 nigee. 
 
 Becognizor. One who executes a recognizance, v. Cognizor. 
 
 Becooisaunce, I. fr. A recognizance to keep the peace ; the inquisi- 
 tion of an assise or jury. 
 
 Beconnstre, I. fr. To recogniza 
 
 Becognoscere, I. In old English laiv. To acknowledge ; to recognize, 
 that is, to try or examine, as a jury ; to inquire so as to know the 
 truth ; to know again ; to call to remembrance. 
 
 Becourenire, I. In the dvil and canon law. To make a cross-demand 
 upon the actor. 
 
 Beconventio, I. In the civil and canon law. A cross-demand by the 
 reus upon the actor ; a proceeding in the nature of a cross-bill in 
 equity. 
 
 BecOiiTention. A cross-demand,— a term derived from the reconventio 
 of the civil law, and in use in Louisiana and Texas. 
 
 Becord. To preserve the memory of by writing; to transcribe into 
 something permanent for reference ; to enter in books, to preserve 
 as a memorial, as a deed or proceeding in court 
 
 Becord. A memorial of a thing done ; a writing preserved as evidence ; 
 a transcription into something permanent for preservation as a 
 memorial; a written account, in England in rolls of parchment, in 
 America in bound books of paper, of the proceedings in a court of 
 justice, particularly in an action, and intended as a memorial of 
 such proceedings, v. Nul tiel record. Becord, debt of; a debt wit- 
 nessed by a court record, as a judgment, recognizance, etc. Becord, 
 matter of; matter evidenced by record and provable only by the 
 record or an authenticated copy. Bec6rd,trial by: a trial of a mat- 
 ter of record upon plea of nul tiel record by inspection by the court 
 vvithout witnesses or jury. 
 
 Becordare, 1. 1. In American law. A writ to bring up judgments of 
 justices of the peaca 
 
RECORD ARI — RECREANTIA. 579 
 
 Beeordari, 1. 1 Tn old English law. To record. Recordari facias lo- 
 qnelam: cause you the plaint to be recorded; a writ by' which a 
 suit or plaint in replevin might be removed from a county court to 
 one of the courts at Westminster. 
 
 Becordator, Z. 2. In English law. Recorder. 
 
 Beeordatnr, L L In old English law. It is recorded ; an entry made 
 on a record, in order to prevent any alteration of it 
 
 Becorder, Ifr. Tn old English law. To state, recite or relate, as a 
 judge to a jury. 
 
 Becorder. The chief judicial oflScer of a city or borough, having in 
 criminal matters the jurisdiction of a court of record; the chief 
 criminal judge of a city. 
 In American law. In some of the states, as in Pennsylvania and 
 
 Ohio, a register of deeds. 
 In old English law. A person whom the mayor or other magistrate 
 of a city or town corporate, having jurisdiction of a court of record, 
 associated to him for his better direction in matters of law and justice. 
 
 Becordum, II In old English and Scots law. A record. Becorda 
 sunt vestig'ia vetustatis et veritatis: records are the traces of an- 
 tiquity and of truth, v. Prout patet, etc. 
 
 Beconpe, recoop. To defalk or discount ; to diminish a claim for dam- 
 ages by cutting out or keepiug back a part 
 
 Beconpment. Defalcation or discount from a demand ; a keeping back 
 of something which is due, because there is an equitable reason t6 
 withhold it; a reduction or diminution of damages in an action in 
 satisfaction of a claim arising out of the matter out of which thfe 
 action arises, as in an action on a contract for breach of warranty at 
 defects in the performance. 
 
 Beconrse. A going back, as to a former holder, of a negotiable instru- 
 ment who has transferred it by indorsement not qualified by the 
 words " without recourse." 
 
 Becover. To obtain by course of law ; to obtain by means of an action ; 
 to succeed in an action. 
 
 Becoreree. In old conveyancing, the party who suffered a common 
 recovery. 
 
 Becoverer, recoTrir, I. fr. To recover ; to obtain by action, or course 
 of law. 
 
 Becoverer. In old conveyancing, the party recovering lands by the 
 process of a common recovery. • 
 
 Becovery. The obtaining a thing by the judgment of a court, as the 
 result of an action brought for the purpose, v. Common recovery. 
 
 Becreant, I. fr. and eng., Becreantus, II In old English law. Cowa 
 ardly; faint-hearted; yielding to an adversary; acknowledging 
 defeat 
 
 Becreantla, I I In old English law. ,Recreancy; cowardice; sub^ 
 mission to an adversary ; acknowledgment of guilt 
 
580 RECRIMINATION — REDDENDO, 
 
 Becrimination. A counter-accusation ; an accusation made by an ac- 
 cused party against the accuser ; a set-off by a defendant in a suit 
 for a divorce, on the ground of adultery, of equal guilt on the part 
 of the complainant. 
 
 Eectare, rettare, retare, 1. 1. In old English law. To accuse ; to charge. 
 
 Rectatio, I I. In old English law. A claim of right, or an appeal to 
 law for the recovery of a right. 
 
 Bectatus, rettatns, I. I. In old English law. Suspected; accused; 
 charged ; summoned to answer an accusation. 
 
 Becte, I In the civil late. -Rightly. 
 
 Bectitndo, I. I In Saxon and old English law. A right or legal due. 
 Bectitndines: rights. 
 
 Becto, de, LI Ot right ; writ of right. Becto snr disclaimer: writ of 
 right issuing for the lord upon disclaimer by the tenant. 
 
 Bector, I. and eng. In English ecclesiastical law, the governor of a 
 church ; a person having the care ot a parish church ; a clerk having 
 full possession of a living and tithes, v. Parson. 
 
 Bectory. In English ecclesiastical law, the o£Bce of a rector ; an entire 
 parish church, with all its rights, otherwise commonly called a bene- 
 fice ; a rector's manse, or parsonage house. 
 
 Bectum, I. In old English law. Right; law; a right claimed by a 
 party; a right to land claimed by the writ called a writ of right; an 
 accusation or charge of crime ; suspicion of crime. 
 
 Eectns, 1. Right ; upright ; straight ; straight forward ; direct Bectns 
 in curia: right in court; free from charge or impeachment 
 
 Becnperare, I To recover ; to regain, v. Quod recuperet. 
 
 Becuperatio, I. In old English law. Recovery ; restitution by judg- 
 ment of a thing wrongfully taken or detained. 
 
 Eecuperatores, I. In the Soman law. Persons appointed by the prsetor, 
 in private actions, to examine the facts, or try the cause. 
 
 Becusants. In English law. Persons who refused to attend the service 
 of the Church of England, or to conform to its ceremonies, or to take 
 the oath against papists. 
 
 Beensatio judicis, I. In the civil law. Refusal or rejection of a judex 
 or judge ; disapprobation of or objection to a person proposed or as- 
 signed as a judge. Becusatio testis: rejection of a witness, on tbe 
 ground of incompetency. 
 
 Bed boolf of the excliequer. An ancient manuscript volume kept in 
 the exchequer in England, containing several records and miscella- 
 neous treatises. 
 
 Beddendo, I. I. Rendering; the formal word by which in old convey- 
 ancing a rent was reserved to a grantor. Beddendo inde per an- 
 num, tantam, ad certos termlnos tales: rendering therefor so 
 much per year, at such certain times. Beddendo singula singulis: 
 rendering or assigning separate things to separate persons, or sepa- 
 rate words to separate subjects ; construing dislributively. 
 
EEDDENDUM — REDUBBOXJRS. 581 
 
 Beddendiim, Z. L- Rendering; yielding; tbe technical name of a clause 
 in a conveyance by which the grantor creates or reserves some new 
 thing to himself. 
 Keddens causain scienti%, I I. In Scots law. Giving the reason of his 
 knowledge ; a formal phrase in depositions, preceding the statement 
 of the reason of the witness' knowledge. 
 Beddere, L In old English law. To render ; to pay ; to give or yield. 
 
 In the eivil law. To give back ; to restore. 
 Reddidit se, I. I In old English law. Has rendered himself ; a term 
 applied to a principal who rendered himself in discharge of his bail. 
 Bedditarinm, LI In old English law. A rental or rent-roll. 
 Redditarias, I I. In old English law. A renter; a tenant 
 Beddition. In old English law. A judicial confession and acknowl- 
 edgment that a thing in demand belonged to the demandant, or, at 
 least, not to the person so confessing. 
 Bedditas, reditus, I. I. In old English law. A rent; a payment; a 
 thing rendered, paid or yielded. Bedditns siccus: rent seek ; dry 
 or barren rent 
 Bedeinptio, I. I. In old English lato. A ransom or fine. 
 Bedemption. A purchasing of a thing which the purchaser formerly 
 owned. Bedemption, equity of: the defeating of the title of a 
 mortgagee by performance of the condition of the mortgage, or by 
 a bill in equity after breach. 
 Bedenndo, I Returning ; while returning. 
 Bedhibere, 2. In the civil law. To have again ; to have back ; to cause 
 
 a seller to have what he had befora 
 Bedhibitio, Z., Eedliibition. In the civil law. A returning; a return- 
 ing of a thing bought to the seller; the undoing or annulling of a 
 sale. 
 Bedhibitory action. In the eivil law. An sfction by the buyer of a 
 thing against the seller, to annul the sale. Bedhibitory defect: a 
 defect in a thing sold, for which the seller may be compelled to take 
 it back, a defect against which he is held to warrant 
 Bedimere, I In old English law. To ransom ; to punish by a fine ; to 
 
 compel to pay a fine or ransom. 
 Be-disseisin. In old English law. A second disseisin of the same tene- 
 ments, and by the same disseisor ; the writ which lay in such case. 
 Beditns, /. A rent ; rents. Beditus albi: white rents, or blanch farms. 
 Beditas capitales: chief rents. Beditns nigri: black rents or 
 black mail Beditus qnieti: quit rents. Beditns siccus: rent 
 seek. 
 In the civil law. A return ; the fruit or profit of a thing. 
 Bedobatores, 1. 1. In old English law. Persons who changed stolen 
 
 clothes into a new form ; redubbers. 
 Bedn bbonrs, I. fr. In old English law. Persons who knowingly bought 
 stolen clothes, and changed them into another form. 
 
582 REDUCE — REGALIA. , 
 
 Bednce. In Scots law. To rescind or annul ; to declare void judicially. 
 
 Kedaction. In Scots law. An action brought to rescind, annul or can- 
 cel a deed or other instrument in writing. 
 
 Be-entry. The resuming or retaking of a possession that one has lately 
 foregone, particularly of land. 
 
 EeeTe, reve. In old English law. A ministerial oflScer appointed to 
 execute process ; a chief officer or governor; a superintendent; an 
 officer of a court leet 
 
 Be-exchange. The amount which the holder of a bill of exchange pro- 
 tested for non-payment is entitled to receive, with his expenses and 
 interest, from the drawer or indorser, to indemnify him for its non- 
 payment, — properly, the current rate of exchange payable on a bill 
 purchased by the holder. 
 
 Be-extent. In English law. A second extent on lands or tenemeu ts, on 
 complaint made that the former extent was partially performed. 
 
 Befectio, I. In the civil and old English law. Repair ; reparation ; as 
 of a way, etc. 
 
 Beferantur ad jnsticiaFios n' ros de banco, et ibi terminentur,;. In 
 old English law. They shall be referred to our justices of the bench, 
 and shall be there determined. 
 
 Beferee. A person to whom a cause pending is referred by the court, 
 to take testimony, and report to the court, and upon whose repor| 
 judgment may be entered. 
 
 Beference. The act of a court in referring a cause. 
 
 Beferendo singula singulis, I. Referring separate words to separate 
 subjects; making a distributive reference of words in an instru- 
 ment ; construing distributively. v. Reddendo, etc. 
 
 Beferre, I In old English law. To refer. 
 
 Belicere, I. In the civil law. To repair ; to restore ; to reduce to the 
 original form or stata 
 
 Befoil, retonle, I. fr., Eefullnm, 1 1. In old English law. A flowing 
 out, or back. Befoil de la mere: ebbing of the sea. 
 
 Beform. To form again, to correct or amend, to treat as corrected 
 or amended ; in equity, to treat an instrument in which there is an 
 error of fact as though the error did not exist, and so to make it 
 speak the intention of the parties. 
 
 Beformatory. Any place in which persons voluntarily assemble or are 
 forcibly detained for purposes of instruction and discipline. 
 
 Befanding bond. A bond for the refunding of money paid, if it ap- 
 pears to have been not payable — paid prematurely or exacted with- 
 out right 
 
 Befntantla, I. I. In old English law. An acquittance or acknowledg- 
 ment of renouncing all future claim. 
 
 Begalla, I. In English law. Royal rights or prerogatives. Begalla 
 majora: rights or prerogatives that are a part of the king's sov- 
 ereignty. Begalla minora: rights or prerogatives that are con- 
 ferred upon him. 
 
REGARD — REGRESS. 
 
 583 
 
 Regard, I. fr. Reference; relation ; reward ; a perquisite or allowance. 
 
 Regardant, I. fr. and eng. In old English law. A villein regarded as 
 annexed to the land. 
 
 Regardator, I. I. In old English Imp. A regarder. Regardatores nos- 
 tri eant per forestas ad faciendum regardum: our regarders shall 
 go through the forests to make regard. 
 
 Regarder. In English law. A supervising officer of the forest 
 
 Regardum, I I In old English law. Regard ; inspection of a forest 
 
 Rege incoiisulto, I. The king not advised ; a writ directing judges not 
 to proceed in a cause which may prejudice the king's interests, with- 
 out advising him. 
 
 Regia via, I. In old English law. The royal way ; the king's highway. 
 
 Regiam Majestatem, I. The most ancient treatise extant on the law of 
 Scotland, commonly supposed to have been compiled by order of 
 David I., but shown to be not older than the reign of David II. 
 
 Register. To record ; to enter formally and officially in a proper book 
 for the purpose of preservation. 
 
 Register. A repository ; a place where a thing is laid up; a record ; a 
 book kept by authority for purposes of registration. A recorder ; an 
 officer authorized to keep a public record, or charged with the cus- 
 tody of records. An entry at the custom-house of the time and 
 place of the building of a vessel, and of other particulars required 
 by law ; the certificate of such registry, sometimes so called. 
 
 Registram Brevinm, Registram Cancellarise, I. A collection, in Latin, 
 of writs, original and judicial, generally called, by way of eminence, 
 " The Register," and one of the most ancient books of the common 
 law. It is of the highest authority as to the old law of remedies, and 
 the principal foundation of the remedial branch of our legal sys- 
 tem. It was compiled in the reign of Edward I., and is preserved 
 in Chancery. 
 
 Registrar. An officer whose business is to write and keep a register. 
 In English laio. An officer whose business is to keep a register of 
 births, marriages and deaths. 
 
 Registry. The registration of a vessel at the custom-house for the purpose 
 of declaring, and enabling her to assert, her nationality ; the enter- 
 ing on record of deeds, mortgages and other instruments, in public 
 offices appointed for the purpose, in order to give them validity as 
 against bona fide purchasers and mortgagees; the placing on record 
 of the names of qualified voters. 
 
 Regrater, fegrator. In old English and Scots law. A person who 
 bought up corn or other dead victual in any market, and sold it- 
 again in the same market, or within four miles of the place. 
 
 Regrating. In old English law. The oiiense of buying grain or pro- 
 visions in any market, and selling it again in the same market^ or 
 within four miles of the place. 
 
 Regress. A going back. 
 
5 84: REGRESSUS - RELATION. 
 
 Begressns, I A going back ; a going back to a person for indemnity ; 
 recoursa 
 
 Begnla, I. ,A rule ; a rule of court. Begula generalis: a general rule ; 
 a standing rule or order of a court 
 In the civil law. A rule. Regula est quae rem qua) est, breviter 
 enarrat: that is a rule which briefly sets forth the subject-matter 
 of it 
 In tJie Roman law. Begula Catoniana: the rule of Cato ; a rule re- 
 specting the validity of dispositions by will. 
 
 Regular clergy. In old English law. Monks who lived secundum 
 regulas of their respective houses or societies, as distinguished from 
 the parochial or secular clergy. 
 
 Begalariter, I. I. In old English law. Regularly ; strictly ; according 
 to rule. Begulariter non valet pactum de re mea non alienanda: 
 regularly an agreement not to alien my property is not valid. 
 
 Behabere facias seisinam, 1. 1. In old English law. Cause you to re- 
 have seisin ; a writ which lay where a sHeriflf had delivered seisin 
 under a habere facias seisinam of more land than he ought, com- 
 manding him to redeliver seisin of the excess. 
 
 Beliabilitate. To restore to a former capacity or ability ; to reinstate a 
 criminal in the personal rights which he has lost by a judicial sen- 
 tence. 
 
 Behearing. In equity practice, a second hearing of a cause which may 
 be granted upon petition of a party who is dissatisfied with the de- 
 cree. 
 
 Bei, I In the civil law. In a special sense, persons from whom a thing 
 is demanded; in a general sense, parties to an action, litigating 
 parties, including both actor and reus. 
 
 Bei, I. Of a thing. Bei turpis nullum mandatum est: the mandate 
 of an immoral thing is void. 
 In Scots law. Bei interrentus: a part performance of a contract 
 
 Beif, sc In old Scots law. Robbery. 
 
 Bejoin. To answer a replication in an action by some matter of fact 
 
 Bejoinder, I. Jr. and eng. An answer to a replication in an action of 
 some matter of fact ; the defendant's second pleading. 
 
 Bejoining gratis. In English law. Rejoining voluntarily, or without 
 being required by rule. 
 
 Belatlo, I. In old English law. Relation ; reference ; a carrying back. 
 Belatio est Actio juris, et inteuta ad unnm: relation is a fiction of 
 law, and intended for or directed to one thing. Belatio semper Hat 
 nt valeat dispositio: reference [of a disposition made hy will] 
 should always be made so that the disposition may have efifeot 
 
 Belation. The carrying back of an act or proceeding to some previous 
 time, and giving it operation or validity from such time ; a fiction 
 of law indulged for the promotion of justice by which the act or 
 proceeding related is regarded as having been done, or as having 
 taken place at the previous time ; the connection or tie between per- 
 
RELATION — RELIEF. 585 
 
 sons in the social state, as between, husband and wife, guardian and 
 ward, etc. 
 
 BelatiTe. Having relation ; conditional, opposed to absolute. Relative 
 fact: a fact having relation to another fact ; a minor fact ; a circum- 
 stance. Relative riglits: the rights of persons which arise from 
 the civil and domestic relations. 
 
 Relator. An informer ; a person in whose behalf certain writs are is- 
 sued, such as attachjuents for contempt, writs of mandamus and 
 informations in the nature of a quo warranto, etc. 
 
 Relatrix. A female relator, or petitioner ; the complainant in bastardy 
 proceedings, 
 
 Eelaxare, I. I. To release. Relaxavi, relax asse: have released, 
 
 Relaxatio, I. I. A release. 
 
 Release. A relinquishment of some right or claim ; a discharge oy a 
 creditor of a right of action; an instrument by which such a dis- 
 charge is effected ; a discharge or conveyance of a right or interest 
 in lands or tenements to one who has an estate in possession 
 therein, — in English practice, of various kinds enumerated below, • 
 having little if any currency in Ameiican usage. 
 In English law. Release by eiilarg:ing an estate: a conveyance of 
 the ulterior interest in lands to the particular tenant, as by a remain- 
 der-man to the tenant for years or for life. v. Enlarger V estate. 
 Release by entry and feoffment: a release by a disseisee to one of 
 two joint disseisors who will be sole seised. Release by extinguish- 
 ment: a release by a reversioner to the holder of a life lease from 
 his tenant for life, which extinguishes the reversion and inures to 
 the benefit of one to whom the tenant has conveyed the remainder. 
 Release by passing' a right: a release by disseisee to disseisor by 
 which the disseisor's estate becomes lawful, v. Mitter le droit. , 
 Release by passing an estate: a release by one of two coparceners 
 of all her right to the other, which passes the fee-simple of the 
 whole. V. Mitter V estate. 
 
 Eelegatio, I. In the civil law. Banishment without the loss of civil 
 rights. 
 
 Relegation. In old English law. Banishment for a time only. 
 Relevamen, relovium, I. I, Relefe, Ifr. In old English law. Relief; 
 
 one of the incidents of the feudal tenure. 
 Relevancy. The quality of being relevant.— a term applied to evidence. 
 Relevant! Having relation ; relevant evidence is evidence applicable 
 
 to the issue. 
 Relicta, I. Being relinquished; a confession of the action by the de- 
 fendant, after plea pleaded, v. Cognovit. 
 Reliction. A leaving ; a leaving dry ; a receding of the sea, by whicL 
 
 land is left dry. 
 Relief. The redress provided by law for the deprivation or infraction 
 of a right; more specifically, the assistance sought and granted m a 
 court of equity. 
 
5S6 RELIEF — EEMISl 
 
 In old English and Scots law. A fine paid by the heir of a deceased ten- 
 ant in chivalry for taking up the estate, which was lapsed or fallen 
 in by the death of the last tenant, — a principal and very oppresaive 
 incident of the feudal tenure. 
 Religious men. In old English law. Persons who entered into a mon- 
 astery or convent 
 Beliqua, I. In the civil law. The unpaid balance of an account 
 Beli<iuare, I I. In old English exchequer practice, to owe a balance of 
 
 account 
 Belocatio, I. In the civil law. A re-letting. Belocatio tacita: a tacit 
 or implied re-letting, as in case of holding over after expiration of 
 the term. 
 Keiu. Thing, v. Jura in re. 
 
 Remainder. An estate limited to take effect in possession at a future 
 day on determination of a previous estate, called the particular es- 
 tate, created at the same time. v. Contingent remainder; Cross 
 remainder; Vested remainder. Remainder-man: the owner of an 
 estate in remainder. 
 Remand. To send back ; to recommit ; to send an accused person back 
 to prison after a partial hearing, to await proceedings ; to send a 
 cause taken on appeal or error to an appellate court back to the 
 court below. 
 Remanent pro defectu emptorum, I. They remain for lack of purchas- 
 ers; a return to a writ of ^e«/acias that the officer has been un- 
 able to sell the goods distrained. 
 Remanentia, I. I. In old English laio. A remainder ; a perpetuity, oi 
 
 perpetual estate. 
 Remanere, I. In old English law. To remain ; to stop or stay ; to demur, 
 
 in the old sense of the word. 
 Remanere, I. I. In old English law. A remainder. 
 Remanet, I. I. In English law. It remains; the postponement of a 
 
 trial ; the cause postponed. 
 Remannder, I. fr. To send back ; to remand. 
 
 Remedial. Affording a remedy. Remedial statute: a statute provid- 
 ing a remedy for an injury; a statute giving a person a remedy for 
 a wrong, where he had none, or a different one, before. 
 Remedy. The judicial enforcement of a right or redress of a wrong ; 
 the mode or means by which such relief is obtained, v. Legal remedy. 
 Remembrancers. In English law. Officers of the exchequer, whose 
 principal duty is to put the judges of that coux't in remembrance 
 of such things as are to be called on, for the king's benefit 
 Remenaunt, I. fr. Remaining ; to come after ; remainder. 
 Remise. To remit or give up ; a formal word in deeds of release and 
 
 quitclaim. 
 Remisi, remisisse, 1. 1 Formal words in old deeds of release. Remi- 
 sisse, relaxasse et qaietum clamasse: have remised, released and 
 quitclaimed. 
 
REMIT — RENT. 587 
 
 Remit. To send back; to send or transmit; to give up; to relinquish. 
 
 Remitter. The sending back of a person to a title he had before, as 
 where one who has the property in lands, but is out of possession, 
 has the freehold cast upon him by some subsequent, and defective 
 title, he is remitted, or sent back by operation of law, to his ancient 
 and more certain title. 
 
 Bemittere, I. In old English law. To send back, relinquish ; to remise 
 or release ; to remand on habeas corpus. 
 
 Bemittit darana, 2. He releases damages ; an entry on the record re- 
 mitting an excess of damages awarded by the verdict. 
 
 Bemittitur, L Is sent back or remitted ; a sending back of a record, 
 as from a superior to an inferior court for entry of judgment, a new 
 trial or further proceedings ; a relinquishment of damages. Remit- 
 titur damna: it is released as to damages. Bemittitur damnum: 
 the damage is released 
 
 Bemote cause. The distant cause ; the indirect cause ; the intermediate 
 cause. 
 
 Bemoto impedimento, emergit actio, I The impediment being re- 
 moved, the action arises. 
 
 Bemotum, I. Removed ; remote, v. Id quod, etc. 
 
 Kemounter, I. fr. To go up again. 
 
 Bemove. To change in place or position ; to change residence or domi- 
 cil ; lawfully to deprive of oflSce ; to transfer a cause from a state 
 to a federal court 
 
 Bemae, I fr. Removed ; remote, or distant. 
 
 Ben, rein, rens, I. fr. Any thing ; nothing. 
 
 Benable, 2. /r. Reasonable. Benables estovers: reasonable estovers. 
 
 Bender. To give up ; to surrender ; to make up and exhibit, as an ac- 
 count ; to determine upon and announce, as a verdict or judgment 
 
 Render, rendre, I. fr. To give or yield ; to pay or perform ; to return. 
 
 Renounce. To give up ; to resign ; to relinquish ; to disclaim or dis- 
 avow. 
 /n English law. Renounce probate: to refuse to assume the duties 
 of executor ; to refuse to take out probata 
 
 Renovare, I In old English law. To renew. 
 
 Rent. A certain yearly profit in money, provisions, chattels or labor, 
 issuing out of lands and tenements, in retribution for the use. 
 V. Black rents; Chief rents; Fee-farm rent; Rack rent; White rents. 
 Bent cliarge: a rent reserved on a conveyance of land in fee simple, 
 or granted out of lands by deed, so called because the land is by the 
 deed charged with a distress for payment Rent seclt: barren rent ; 
 a rent reserved by deed, but without any right of reversion, and 
 without any clause of distress. 
 In English law. Rent service: rent reserved out of land held by fealty 
 or other corporeal service, and so called from such service being 
 incident to it 
 
588 RENTAL— REPLEVIN. 
 
 Bental. In English law. A roll on which the rents of a manor are 
 registered or set down, and by which the bailiff collects the sama 
 
 Rente, I. fr. In old English law. Rent Rente de chamlbre: a rent 
 from the coffer ; an annuity. 
 
 Rente, I. fr. Fined. 
 
 Reo absente, /. In the absence of the defendant 
 
 Reparations facienda, I. I. In old English law. Writ for making re- 
 pair ; a writ to compel the repairing of a house, mill, bridge, etc. 
 
 Repeal. To annul, literally to revoke or recall, a statute by a subse- 
 quent one. 
 
 Repeal. The abrogation or annulling of a statute by a subsequent ona 
 
 Repealer, I. fr. To repeal or revoke. 
 
 Repeller, I. fr. To demand back. 
 
 Repellitur a sacramento infainis, I An infamous person is repelled 
 from an oath, is thrust back from taking an oath, or not allowed 
 to be sworn as a witness. 
 
 Repenter, I. fr. To change one's mind ; to repent 
 
 Repetition. In the civil laio. The recovery of money paid under a 
 mistake of law. 
 
 Repetitum namliim, I. I. In old English law. A repeated, second or 
 counter distress ; withernam. 
 
 Repetuudaruni crimen, I. In the Roman law. Bribery or extortion in 
 a magistrate, or person in any public oflSce. 
 
 Repleader. To plead again, to plead over again, — sometimes allowed, 
 upon motion, where a satisfactory issue has not been reached. 
 
 Repleder, I. fr. In old English law. To replead. Repledes si vons 
 voulez: replead, if you will. 
 
 Replegriare, I. I. In old English law. To take back a pledge ; to re- 
 plevy ; to take back on pledge, or surety ; to replevy a man. v. De 
 homine, eta 
 
 Replegiare, I. I. In old English law. An action or writ of replevin. 
 Replegiare de averiis: replevin of cattle'; a writ brought by one 
 whose cattle were distrained, or impounded, upon surety to the sher- 
 iff to prosecute or answer the action in law. Replegiari facias: 
 cause you to be replevied; the original writ. in replevin; superseded 
 by the statute of Marlbridge, c. 31. 
 
 Replever, I. fr. In old English law. To replevy. 
 
 BeplcTiable, replevisable. That may be replevied, or taken back on 
 pledge. 
 
 Replevin, I. fr. In old English law. Bail ; delivery of a person on 
 sureties or pledges. 
 
 Replevin. A personal action to recover possession of goods wrongfully 
 taken, — originally the peculiar remedy in cases of wrongful distress, 
 available upon security given for trial of the right and for a return 
 of the property, if determined against the plaintiff, but now a 
 proper action in any case of unlawful t;aking of personalty. Be- 
 
REPLEVIN — REPRISES. 5,39 
 
 pleTin bond: a bond given by the plaintiff in replevin conditioned 
 for a return of the property in case the right is determined against 
 him. Replevin in the detinet: an action in which there was no 
 reseizure of the property, as where it had been eloigned. Replevin 
 in the detiuuit: an action in which the property was reseized. 
 
 Replevir, I fr. In old English law. To take back on pledge ; to re- 
 plevy ; to let go, on bail. 
 
 Replevish. Jn old English law. To let one to mainprise upon surety. 
 
 Replevisor. The plaintiff in replevin. 
 
 Replevy. To get back on a writ of replevin. 
 
 Replicare, /. In the civil and old English law. To reply ; to answer a 
 defendant's plea. 
 
 Replicatio, I. In the civil and old English law. The answer of the 
 actor or plaintiff to the exception or plea of the reus or defendant, 
 corresponding with, and giving name to, the replication in modern 
 pleading. 
 
 Replication. The plaintiff's answer of fact to the defendant's plea in 
 an action at law; the complainant's repl3'^ to the defendant's an- 
 swer, in a suit in equity. Replication de injuria: v. De injuria. 
 
 Report. A formal statement in writing to a court by a master in chan- 
 cery, a clerk, or referee, as to a matter referred to him by the court ; 
 a public account of a case judicially argued and determined, — in- 
 cluding a statement of the facts, the arguments, and the opinion of 
 the court; a published volume of such accounts. 
 
 Repreig'ner, reprendre, reprender, I. fr. To retake; to take back. 
 Represt, reprist: taken back. 
 
 Representation. The occupying of another's place ; the acting in the 
 place of another ; the principle on which the issue of a deceased 
 person take the share of an estate which their immediate ancestor 
 would have taken or inherited, if living, as per stirpes; a statement 
 Df facts as to the subject-matter of a contract made by one of the 
 parties to the other, particularly a statement of facts affecting the 
 character of the risk, made by the applicant to the insurer upon an 
 application for insuranca 
 
 Representative. One who represents another; one who occupies an- 
 other's place, and succeeds to his rights and liabilitiea v. Personal 
 representative. 
 
 Reprieve. The withdrawing of a sentence of death for a time, whereby 
 the execution is suspended. 
 
 Reprisal, reprisel. A taking again ; a taking back ; retaking ; recap- 
 tion ; a taking of one thing in satisfaction for another; a taking by 
 way of retaliation. 
 
 Reprisalia, represalia, reprspsalia, repressalia, pressalia, I I In 
 civil atid old maritime law. Reprisal. 
 
 Reprises. Deductions and duties which are yearly paid out of a manor 
 and lands, as rent-charge, etc., so that when the clear yearly value 
 is spoken of, it ia said to be so much per annum ultra reprisas. 
 
590 REPROBATA — RES. 
 
 Beprobata pecnnia liberat solventem, I. Money refused [the refusal 
 of money tendered] releases him who pays [or tenders it]. 
 
 Reprobator, action of. In Scots law. An action or proceeding in- 
 tended to convict a witness of perjury. 
 
 Keprobus, reproba, I. In old English law. Bad or spurious, repro- 
 bate, — a term applied to money which might be rejected or refused. 
 
 Republication. A second publication of a will, either expressly or by 
 construction. 
 
 RepsUver. In old English law. Money paid by servile tenants for ex- 
 emption from the customary duty of reaping for the lord. 
 
 Repudluin, I In the Roman law. A breaking off of a contract of 
 espousals, or a marriage intended to be solemnized. 
 
 Repugnant. Contrary to ; in conflict with. 
 
 Reputation. The estimation in which a person is held in the commu- 
 nity where he has resided. 
 
 Reputation. General opinion ; what is commonly thought or believed. 
 
 Reputed. Generally supposed or believed. 
 
 Request v. Letters. 
 
 Requisition. The formal demand by one government upon another of 
 the surrender of a fugitive criminal. . 
 
 Rere-flefs. In Scots law. Inferior fiefs; portions of a fief or feud 
 grahted out to inferior tenants. 
 
 Rerum ordo confunditur, si unlcuique Jnrisdictio non servatar, I 
 The order of tilings is confounded, if its proper jurisdiction is not 
 preserved to each. Rerum suarum qnllibet est moderator et ar- 
 biter: every one is the regulator and disposer of his own property. 
 
 Res, 2. Thing; things; matter; affair; circumstance, — a term of most 
 extensive import, including both objects of property and things 
 not objects of property. Res accessoria: an accessory thing ; 
 — cedlt rel principal!: an accessory thing belongs to the principal 
 thing ; — seqnitur rem prlncipalem: an accessory thing follows 
 the principal thing, v. Accessarius. Res denomlnatnr a princl- 
 paliori parte: a thing is named from its more principal part, Res 
 gesta: a thing done ; a transaction. Res gestie: things done ; the 
 essential circumstances of a transaction. Res Integra: a thing not 
 acted on ; a point of law unaffected by prior adjudications Res 
 inter alios: acts between strangers; — acta: a thing done between 
 others, or between third parties or strangers ; — acta alteri nocere 
 non debet: a thing done between others ought not to injure an- 
 other ; a transaction between other or strange parties ought not to 
 injure a person ; — actse alteri nocere non debent: a third party 
 is not to be injured or affected by the acts of others with whom he 
 is unconnected, either personally or by his agents, or by those whom 
 he represents ; — actae nemini nocere debent, sed prodesse possnnt: 
 things done between others ought to injure no one, but may benefit 
 Res Ipsa loquitur: the matter speaks for itself. Res judicata, or 
 adjudicata: a matter adjudged ; a thing judicially acted on or de- 
 
REa 
 
 591 
 
 cided ; a Judgment Res nova: a new matter ; a new point or ques- 
 tion. Res nullius: things of no one ; the property of nobody ; such 
 as things sacred, religious and holy. Res perit [suo] domino: the 
 thing perishes or is lost to its owner ; the loss of the thing falls upon 
 its owner ; a maxim expressive of the principle that where an ar- 
 ticle bailed is damaged or lost without fault of the bailee, the loss 
 must fall upon the owner. Res publica: the common weal, the re- 
 public. Res qnotidiaiiis: every-day matters; familiar points or 
 questions,— the title of a work of Gains, from which the Institutes 
 of Justinian were in part compiled. Res transit cnm sno onere: 
 the thing passes with its burden ; where a thing has been incum- 
 bered by mortgage, the incumbrance follows it, wherever It goes. 
 
 In old English law. Res coronse: things of the crown, such as an- 
 cient manors, homages of the king, liberties, etc. 
 
 In Scots law. Res furtivw: goods which have been stolen. 
 
 In the civil law. Res accessoria: an accessory thing; that which be- 
 longs to a principal thing or is in connection with it ; — seqnitnr 
 rem principalem: an accessory thing follows the principal thing. 
 Res cadnca: a fallen or escheated thing; an escheat. Res com- 
 mnnes: common things ; things common to all by the law of nature ; 
 as air, running water, the sea and sea-shore. Res controrersa; a 
 matter controverted; a matter in controversy. Res corporales: 
 corporeal things ; things which can be touched, or are perceptible 
 to the senses. Res fnngibiles: fungible things. Res Immobiles: 
 immovable things; things which by their nature are physically in- 
 capable of a change of place, or which cannot be removed without 
 injury to their substance. Res incorporales: incorporeal things; 
 things which cannot be touched, such as those things which consist 
 in right. Res Integra: a thing not acted upon ; a thing as it was^ 
 a thing entire or untouched; a thing not made the subject of ac- 
 tion or decision ; a, new thing. Res Inter alios: a matter or matters 
 between strangers ; — judicata allis non obest: a matter adjudged 
 between strangers does not stand in the way of other persons ; — jn- 
 dicatae nullum aliis prsejndicium faciant: matters adjudged be- 
 tween strangers create no prejudice against other persons. Res 
 judicata pro veritate acclpitur: a matter adjudged is taken for 
 truth, v. Judicium, etc. Res mobiles: movable things; things 
 which may be transported from place to place without injury to 
 their substance and form. Res prlratae: private things ; things be- 
 longing to individuals. Res publicse: public things ; such as rivers, 
 harbors, the banks of rivers, etc. Res rellglosse: religious things ; 
 places in which a dead body was laid. Res sacra non recipit testi- 
 mationem: a sacred thing does not admit of valuation. Res sacriB! 
 sacred things ; things consecrated by the pontiffs to the service of 
 God, such as sacred edifices, and gifts or offerings. Res sancts: 
 holy things ; things protected against injury by man ; such as the 
 walls and gates of a city. Res univcrsltatis: things of a commu- 
 
692 RES — RESERVATION. 
 
 nity ; such as theatres and race-grounds, and other like things the 
 common property of a city. 
 In the canon law. Res inter alios acta aliis prsejudiclum regnlar- 
 iter non adfert: a thing done between others regularly works no 
 prejudice to third parties, v. Inter alios, etc. 
 
 Eesceit. In old English law. An admission of a third person to plead 
 his right in a cause between two others, as the reversioner in an ac- 
 tion against the tenant 
 
 Eescen, rescne, I. fr. Received. 
 
 Eescisslo, I In the civil law. An annulling, avoiding, or making void ; 
 rescission. , 
 
 Eescission. A cutting off ; an abrogation or cancellation ; an avoid- 
 ance ; as applied to contracts, strictly an act in which the parties 
 concur, a cancellation by agreement, but commonly usgd to express 
 an act of withdrawal or avoidance by one of the parties, as for fraud 
 of the other. 
 
 Eescissory action. In the civil law. An action to rescind or avoid a 
 title by prescription ; an action to rescind a contract of sale, on the 
 ground of injustice in the price, or what is termed lesion. 
 In Scots law. An action to rescind a contract or deed. 
 
 Bescons, /. fr. and eng. A forcible taking back of goods distrained, or 
 in the custody of the law ; the forcible delivery of a defendant, or 
 other party arrested, from the officer who is carrying him to prison ; 
 a writ which lay in cases of rescous. 
 
 Bescrlpta, I In the civil law. Rescripts. 
 
 Rescriptnm, I. In the civil law. A species of imperial constitution; in 
 the form of an answer to some application or petition ;, a rescript 
 
 Rescue. A forcible taking back of persons or property out of the cus- 
 tody of the law; the forcibly and knowingly freeing of another 
 from an arrest or imprisonment. 
 
 Rescussor, I. I. In old English law. A rescuer ; one who commits a 
 rescous. 
 
 Rescussiis, I. I In old English law. Rescue ; forcible liberation or re- 
 lease. 
 
 Rescutere, I. I. In old English law. To rescue. Rescnssit: he rescued. 
 Rescussernnt: they rescued. 
 
 Rescyt, I. fr. Resceit ; receipt ; the receiving or harboring of a felon. 
 
 Beseantisa, I. I. In old English and Scots law. Residence ; a severe 
 or long-continued illness, confining a person to his house. 
 
 Reseannt, reseant, I. fr. Abiding ; dwelling ; residing. 
 
 Reseiser. In old English law. A taking back of seisin; a taking 
 again into the hands of ~the king, lands of whereof a general livery 
 or ousterlemain was formerly mis-sued, contrary to the form and 
 order of law. 
 
 Reservation. The act of withholding ; the creation of a right or inter- 
 est by withholding out or a thing granted ; a clause in a writing 
 whereby^ thing is withheld; the thing withheld; public land with- 
 
RESERVATION — RESOLUTIVE. 593 
 
 held from sale, as lands withheld for public parks, for use of the 
 Indians, etc. 
 
 Reserve. To withhold ; to hold back. 
 
 Reset, resset. In Scots law. The receiving or harboring of a pro- 
 scribed or outlawed person. Reset of theft: the receiving of stolen 
 goods knowing them to be stolen ; to harbor and conceal the thief. 
 
 Resiance, resiancy. In old English law. Residence; a. man's abode or 
 continuance in a place. 
 
 Resiant, resient, resyaunt. In old English law. Continually dwelling 
 or abiding in a place; resident; a resident. 
 
 Resiantia, reseantia, L I. In old English law. Resiance ; residence. 
 
 Residence. The act or state of being seated or settled in a place ; the act, 
 state or habit of dwelling or abiding in a place ; the place where one 
 resides ; the place which one has made his seat, abode or dwelling. 
 The word seems to mean on the one hand more and on the other less 
 than domicil ; it requires something more by way of personal pres- 
 ence, but something less by way of intention, v. Domicil; Inhabilanf,. 
 
 Residens, 1. 1. In old English law. Sitting. 
 
 Resident. One who has a seat or settlement in a" pIace;'one who 
 dwells, abides or lies in a place; an inhabitant. 
 
 Resident, I. 1. In old English law. [They] remain. 
 
 Resider, I fr. To continue ; to abide. 
 
 Residere, J. In old English law. To sit down; to sit still; to rest; to 
 remain. 
 
 Residuary. Relating to the residue ; giving, taking, or constituting the 
 residue. Residuary clause: a clause in a will by which the testa- 
 tor disposes of such part of his estate as remains undisposed of 
 by previous devises or bequests. Residuary devisee: the person 
 named in a will, who is to take all the real property remaining over 
 and above the other devises. Residuary estate: that part of a tes- 
 tator's estate which remains after payment of debts and legacies. 
 Residuary legatee: the person to whom a testator bequeaths the 
 residue of his personal estate, after the payment of specific legacies 
 
 Residue, or residunm. That which remains affer taking a part away ;. 
 the sui-plus of a testator's estate remaining after all the debts and 
 particular legacies have been discharged. 
 
 Resilire, /. In old English law. To draw back from a contract before 
 it is made binding. 
 
 Resist. To oppose ; to oppose with force ; to prevent, to hinder. Resist 
 an officer: personally to resist; to resist directly and actively and by 
 means in some degree forcible, not merely to hinder or interrupt 
 Resist arrest: to refuse to go with the oflScer who assumes to make 
 an arrest 
 
 Resolntion. The judgment of a court 
 
 Resolative. In Scots conveyancing, having the quality or effect of re- 
 solving or extinguishing a right 
 88 
 
594 RESOLUTO — RESTITUTIO. 
 
 Sesolnto jure concedcntis, resolvitnr jns conccssum, I. Where the 
 right of the grantor is extinguished, the right granted is extin- 
 guished. 
 
 Eeson, i./r. Reason; truth; right; expression; point 
 
 Resort. To go back. 
 
 Kesorter, I. fr. In old English law. To go ; to go back ; to resort to ; 
 to adopt on failure of other proceedings. 
 
 Respectare, respectuare, I. I. In old English law. To respite. Re- 
 spectnabitar: shall be put off. 
 
 Respectua, I. I. In old English and Scots law. Respite ; delay ; post- 
 ponement; continuance of time. 
 
 Respi, I fr., Respite. Delay ; a putting off ; continuance ; the putting 
 off the execution of a capital sentence. 
 
 Respoigner, respoyner, I. fr. To answer. Respoignable: answerable. 
 
 Respondeat, I. Let him answer. Respondeat ouster: let him answer 
 further ; the judgment for the plaintiff on a plea of abatement 
 Respondeat superior: the superior or master must answer; let the 
 principal answer ; the principal or master must answer, or is respon- 
 8ible,^6r the'aets of "his agent or servant 
 
 Respondent, A party answering, corresponding to defendant ; an ap- 
 pellee. 
 
 Respondentia, I. A loan of money on a pledge of the cargo of a vessel, 
 to be repaid with maritime interest, if the subject arrives safa 
 
 Respondes, I. fr. Answer. Respondes oustre: answer over, — words of 
 the court in giving judgment v. Respondeat. 
 
 Responsa prudentum, I. In the Roman law. Answers or opinions of 
 lawyers, jurists or jurisconsults, — one of the principal sources of 
 Roman jurisprudence. 
 
 Responsalis, /. I In old English law. One who answered for another. 
 
 Responsible. Able to respond ; able to pay a sum for which a person 
 may become liabla 
 
 Responsio, I. An answer. Responslo unins non omnino andiatnr: 
 the answer of one witness shall not be heard at all, — a maxim of the 
 Roman law. 
 
 Responsurns, I, In old English law. To answer. Responsnras, et ad 
 standum recto, si sit aliqais qui versus euiii loquatnr: to answer 
 and to stand to the charge, if there be any one who shall complain 
 against him. 
 
 Resseant, I. fr. Continually abiding ; resident 
 
 Rest. A balancing of an account made for the purpose of adding inter- 
 est to principal for further computation, and so for the compound- 
 ing of interest 
 
 Restitnere, I. In the civil law. To restore. 
 
 Restitutio, I. Restitution. Restitutio in integrum: in maritime law, 
 the putting of a vessel into the condition she was in before a collis- 
 ion. 
 
RESTITUTIO -RETALLIA. 595 
 
 In the civil law. Restitutio in Integrnm: restitution to the original 
 condition ; applied to parties on the rescinding of a contract, and to 
 a cause in which a second hearing is granted. 
 
 Eestitutlon. The restoring of a thing unlawfully taken ; the putting 
 of one in possession of lands of which he has been unlawfully dis- 
 seised ; the restoring to one, a judgment against whom has been 
 revei-sed, of that of which the judgment has deprived him; the re- 
 storing of stolen goods to the owner upon conviction of the thief. 
 Restitution, writ of: a writ which lies, after the reversal of a judg- 
 ment, to restore a party to all that he has lost by the judgment. 
 In English ecclesiastical law. Restitution of conjugal rights: the 
 compelling of a husband or wife, who has withdrawn and lives sep- 
 arate without cause, to live with the other. 
 
 Bestraining:. Limiting; hindering; abridging; regulating; prevent- 
 ing ; prohibiting. Restraining order: an order in the nature of an 
 injunction. Restraining statute: a statute limiting the common 
 law ; a statute limiting the powers of corporations. 
 
 Resulting trust. A trust raised in equity by implication, for the bene- 
 fit of the grantor of an estate, as upon the expiration of a previous 
 trust, or before the beginning of another ; in strictness, a trust aris- 
 ing from a going back or reverting of an estate to him from whom it 
 proceeded, though commonly applied to various trusts which might 
 more properly be regarded as implied trusts, — the trust arising, 
 for instance, where, upon purchase, the purchase-money is furnished 
 by one person, and the title is taken in the name of another. Re- 
 sulting use: a use which returns to the grantor of an estate, as be- 
 cause it cannot vest, or because it has expired. 
 
 Be-snmmonitio, L I In old English law. A re-summons; a second 
 summons, of one who did not appear on the first 
 
 Be-snmmons. A second summons ; the summons of a person a second 
 time to answer an action, where the firat summons is defeated, as by 
 the death of a party, or the like. 
 
 Resumption. In old English law. The taking again into the king's 
 hands of such lands or tenements as he had erroneously delivered to 
 the heir, or granted by letters patent 
 
 Retainer. The payment by an executor or administrator, out of the 
 personal estate in his hands, of a debt due himself in preference to 
 debts of equal degree due others ; the engagement of an attorney or 
 solicitor to act in a cause ; the special authority conferred by the 
 client upon such an engagement ; the preliminary fee paid upon such 
 an engagement 
 In English law. A notice given to a counsel by an attorney on behalf 
 of a party in an action, to secure his services as advocate when the 
 cause comes on for trial ; the preliminary fee paid upon such notice, 
 called otherwise honorarium, 
 
 Retallia, I I. In old English law. The cutting up again, or division of 
 a commodity into smaller parts ; retail. 
 
596 EET ARE — RETROSPECTIVE. 
 
 Ketare, I. I. In old English law. To suspect ; to accuse. Betatns de 
 murdro: accused of murder. 
 
 Reteiner, retener, l.fr. To retain, or keep back ; to detain. 
 
 Betenementuni, 2. 2. In old English laiv. Restraint; detainment; with- 
 holding. 
 
 Retention. The right of retaining property until a debt due from the 
 owner is paid. 
 
 Retorna breviiim, I. I. In old English law. The returns of writs; the 
 return-day, the third day of the term. 
 
 Betornare, returnare, I. I. In old English law. To return a writ; to 
 return in execution of a writ; to return, or restore. Retornabile: 
 •returnable. Retornari facias: you cause to be returned. Retor- 
 nasti: you returned. Retornaverit: shall have returned. 
 
 Betorno habendo, /, L For return to be had ; to have a return ; a judg- 
 ment in replevin for return of, the property to tlie defendant. 
 
 Betornnm, I. I. In old English law. Return ; a return. 
 
 Betour. In Scots law. To return a writ or brieve to the oflSce in chan- 
 cery from whicli it issued. 
 
 Betonr of service. In Scots law. An authenticated copy of a verdict 
 taken under a brieve of succession, by which the legal character of 
 a person as heir is established. 
 
 Betractus aquae, I. I In old English law. Retreat of the water, the 
 ebb of the tida 
 
 Betraliere, I. In old English latv. To draw back ; to withdraw. 
 
 Betraho, I. In old English law. I withdraw. 
 
 Betraicter, retrair, retreir, retrere, I fr. To draw back ; to with- 
 draw. 
 
 Betrait, fr. In old French and Canadian law. The taking back of a 
 fief by the seignior upon alienation by the vassal ; a right of pre- 
 emption by the seignior upon sale by the grantee. 
 
 Betraxit, I. I. Withdrew, or has withdrawn ; a voluntary renunciation 
 by a plaintiff of bis suit, made in open court, and operating as a bar 
 to another proceeding. 
 
 Betrere, retreir, retrelier, I. fr. To draw back. 
 
 Betret, I fr. Retreat ; the ebbing of water. 
 
 Retro, i Back; backward; behind. Retrofeodum: a rere fief or ar- 
 riere fief. 
 
 Retrocomitatns, II In old English law. The morrow after the county 
 court 
 
 Retroactire. Acting backward ; affecting what is past. 
 
 Retrospective. Looking back; contemplating what is past Retro- 
 spective law: a law which looks back ; a law which contemplates 
 or affects an act done, or a right accrued before its passage; applied 
 to laws which impair rights vested under existing laws or impose 
 liew duties or create new liabilities, or new liabilities in respect to 
 past transactiona 
 
RETROTRAHERE — REVENDICATION. 597 
 
 Retrotraliere, L In civil and old English law. To draw back ; to re- 
 call or countermand. Ketrotrahitnr: is drawn back; operates re- 
 trospectively ; has relation back ; — tempns: the time relates back. 
 
 Rettare, rctare, I L In old English law.. To accuse; to charge with 
 a crime. Bettatus; accused. 
 
 Rette, /. fr. In old English laio. An accusation or charge. 
 
 Retter, L fy. In old English laio. To accuse ; to charge ; to account. 
 
 Rettuin, I. L In old English laio. An accusation ; a charge. 
 
 Return. To come back; to revisit; to send back; to send back a writ 
 to the court out of which it issued, with a memorandum indorsed, 
 of the manner in which it has been executed. 
 
 Return. The carrying or sending back of a writ to the court from 
 which it issued, by the officer to whom it was directed, in compli- 
 ance with its mandate, — the return to the ofiBce of the clerk, which 
 is considered as representing the court for this purpose ; the indorse- 
 ment on the writ of the answer of the officer to the court, stating 
 ■what has been done in execution of its mandate. Return day: the 
 day on which a writ is appointed or required to be returned, — for- 
 merly, much more generally than at present, one of several fixed 
 days in term on which all writs were returnable. 
 
 Returnable. To be returned ; appointed or required to be returned. 
 
 Retnruare, I. I. In old English law. To return; to redeliver. Re- 
 turnabit domino averia capta: he shall return to the lord the 
 beasts taken. Return ari facias: cause you to be returned. 
 
 Returner, Z. fr. To return. 
 
 Returnnm, retornuin, I. I. In old English law. Return ; a return. 
 Returnnm brevinm: return of writs. Returnura irreplegiable: 
 return irreplevisable; a final return of goods or chattels, admitting 
 of no replevin. 
 
 Reus, I. In the civil and canon law. A person from whom some thing 
 is demanded by suit ; a person complained of by suit ; a defendant ; a 
 person proceeded against criminally ; a party to a suit whether 
 plaintiff or defendant ; a party to a contract. Reus credendi: the 
 party crediting; a creditor. Reus debendi: the party owing; a 
 debtor. Reus excipiendo fit actor: the defendant by excepting 
 or pleading becomes a plaintiff. Reus proniittendi: a party promis- 
 ing. Reus stipnlandi: a party stipulating ; the party who asked 
 the question in the form prescribed for stipulations. 
 
 Rcve, or greve. In old English law. A chief officer or superintendent. 
 A shire-reve was the reve or chief ofl&cer of the shire, the sheriff. A 
 tun-greve was the reve or chief officer of a town, afterwards called 
 simply reve, and bailiff. 
 In Saxon law. Reve land: land over which the shire-reve or sheriff 
 had jurisdiction. Reve mote: the court of the reve, reeve, or shire- 
 reeve. 
 
 BeTendication. In the civil law. The right of a vendor to reclaim 
 goods sold, where the price was not paid. 
 
598 EEVENIB — REWARD. , 
 
 Eerenir, rerener, /. fr. To come back ; to return. 
 
 Beyenue, I fr. and eng. That which returns, or is returned ; annual ' 
 profit received from lands or other property ; the income of a state, 
 or of the government. Bevenne laws: laws made for the purposes 
 of revenue for the use of the state or government 
 
 Bererse. To turn back ; to act in an opposite direction ; to undo, annul, 
 set aside or vacate on the ground of error, as to reverse a judgment 
 
 Eererser. In Scots law. The grantor of a wadset or mortgage of his 
 land, who has a right, on repayment to be replaced in his right 
 
 Beversio, 1. I. In old English law. The returning of land to the donor. 
 
 BsTersion. A returning ; that which returns ; the returning of land 
 into the possession of a donor, or his heirs, after the gift is ended ; 
 the returning of an estate to the original owner, or his heirs, after a 
 limited estate carved out of it, and conveyed by him, has deter- 
 mined ; the residue of an estate left in a grantor, to commence in 
 possession after the determination of some particular estate granted 
 out of it 
 In old English law. The returning of a feud to the crown, or of a 
 fee to the lord who granted it 
 
 Eeversionary. Partaking of the nature of a reversion. Beversionary 
 interest: an interest in the reversion of lauds or other property. 
 
 Beversioner. A person entitled to a reversion. 
 
 Beverter, /. fr. and eng. The reverting of lands to a donor, his heirs or 
 assigns. 
 
 Beverti, Z. In old English law. To return. 
 
 Berest. To vest again, as a seisin acquired a second time by the person 
 out of whom it has been devested. 
 
 Beriew. A viewing again; revisement; reconsideration; re-examina- 
 tion for the purpose of correction. Eeview, bill of: in equity, a 
 bill, in the nature of a writ of error, filed to procure an examination 
 and alteration or reversal of a decree, signed and enrolled on a 
 former bill, for error on the face of the record, or because of newly 
 discovered evidence. 
 In English ecclesiastical law. Eeview, commission of: a commission 
 formerly sometimes granted, to revise the sentence of the court of 
 delegates, when it was apprehended they had been led into a mate- 
 rial error. 
 
 Bevivor, bill of. In equity, a bill filed to revive and continue proceed- 
 ings in a suit abated by the death or marriage of one of the original 
 parties. 
 
 BeTOcation. The calling back by the grantor or actor of a thing granted 
 • or act done, thereby annulling it or putting an end to its legal effect 
 
 Bevoke. To call back, to recall, to annul an act by calling or taking 
 it back, — the voluntary act of a party in matters within his discre- 
 tion. 
 
 Beward. Compensation or remuneration for services ; a sum of money 
 paid or taken for doing or forbearing to do some act 
 
RBWME — RIGHT. 599 
 
 Rewme, o. eng. In old English law. Realm ; kingdom. 
 
 Rex, I. In old English law. King ; a Ising ; the king. Rex debet esse 
 sub lege, quia lex facit regem: the king ought to be' under the 
 law, because the law makes the king. Rex noil potest peccare: the 
 king cannot do wrong ; the king can do no wrong. Rex non debet 
 esse sub hoiuine, sed sub l)eo et lege: the king ought not to be 
 subject to men, but to God and the law. Rex nunqnam moritnr: 
 the king never dies. 
 
 Rhodlan law. A code of maritime law, promulgated by the RhodianB, 
 and the oldest collection of the kind now known ; a later collection 
 of the laws and usages prevailing in the Mediterranean during the 
 middle ages. 
 
 Bider. In American law. A clause added to a bill pending before a 
 legislature after the bill has been reported by the committee to 
 which it is referred. 
 In English law. A piece of parchment containing an added clause 
 tacked to a bill in parliament after the bill has been read a third time. 
 In old English law. Rider, or ridder roll: a schedule or small piece 
 of parchment added to some part of a roll or record ; a supplemen- 
 tary roll. 
 
 Bien, riens, ryen, I. fr. Nothing. Rieus en arrere: nothing in arrear ; 
 a plea in an action of debt for arrearages of account, or for rent ; a 
 plea to an avowry in replevin. Riens per discei.t: nothing by de- 
 scent; the plea of an heir, sued for his ancestor's debt, who has no 
 land by descent, nor assets in his hands. 
 In old English law. Rien enlp: not guilty. Rien dit: says nothing. 
 Bien Iny doit: owes him nothing, the plea of nil debet. Riens lour 
 denst: not their debt ; an old form of the plea of nil debet. Riens 
 passa per le fait: nothing passed by the deed ; a plea by which a 
 party might avoid the operation of a deed, enrolled or acknowledged 
 in court, the plea of non est factum not being allowed. 
 
 Bier county. In old English law. After-county, i. e. after the end of 
 the county court, — a time and place appointed by the sheriff for the 
 receipt of the king's money. 
 
 Bight. Justice ; equity ; that which one person ought to have or re- 
 ceive from another ; the interest which a person has in any subject 
 of property, entitling him to hold or convey it at pleasure; that 
 which a person, having it, is entitled to keep and enjoy. Right of 
 entry: a right to enter by peaceable means ; formerly a right to 
 enter with force and arms, provided only that the force used did not 
 amount to a breach of the peace, but changed generally by statutes 
 forbidding forcible entry. Bight of possession: the right of a 
 person disseised or kept out of possession, to recover possession by 
 action. Right of property: the mere right of property in land ; the 
 abstract right which remains to the owner after he has lost the right 
 of possession. Right of search: the right of belligerent powers to 
 
600 EIGHT — RIPARIAN. 
 
 examine private merchant vessels at sea for enemy's property and 
 property contraband of war, — generally limited to an inspection of 
 the ship's papers or documentary proof of property on board. Bight 
 of visit, or visitation: a right in time of peace to visit a vessel at 
 sea to ascertain her national character, — otherwise called a right of 
 approach. Itight of way: the right of passing over another man's 
 land ; the right of a railway to pass over lands the subject of pri- 
 vate property, acquired either by condemnation or by purchase ; the 
 ground occupied bj' a railway for the passing of trains, v. Way. 
 Eight, writ of: v. Writ of right. 
 In English law. An accusation or charge of crime. Bight of petitiou: 
 the right to petition the sovereign or either house of parliament for 
 a redress of grievances. Bight to begin: the right to open a case, 
 or the evidence in a case, at the trial, — always the right of the plaint- 
 iff as to pleadings, and commonly as to proofs. 
 
 Bight. Direct; lawful; proper; tirue; legal, as' distinguished from 
 equitable. 
 
 Bights of persons. Eights which concern and are annexed to the per- 
 son. Bights of things: rights which may be acquired over external 
 objects or things unconnected with the person. 
 
 Bigor juris, I. I. Strictness of law. 
 
 Biiig. A combination of persons for the purpose of controlling political 
 affairs or commercial transactions for personal ends. 
 
 Eings, giving. A custom observed by Serjeants at law in England, of 
 giving rings to the judges on being called to that degree or order. 
 
 Biot. A breach of the peace by three or more persons assembled for 
 that purpose. Biot act: the statute 1 Geo. I., st 2, c. 5. 
 
 Biotose, 1. 1. Riotously, — an essential word in old indictments for riots. 
 Blotose et rontose: riotously and routously. 
 
 Biotous assembly. In English law. The unlawful assembling of twelve 
 or more persons to the disturbance of the peace, and not dispersing 
 upon proclamation. 
 
 Biotously. A technical word in an indictment for a riot, implymg vio- 
 lence, ex vi termini. 
 
 Bipa, I. In the civil law. The bank of a river ; that which contains or 
 incloses a river at its fullest height ; that which contains the river, 
 holding the natural force of its current ; the bank or border of a 
 port. Biparam nsus pnblicus est jure gentium, slcut ipsias 
 fluminis: by the law of nations, the use of a river's banks is as public 
 as that of the river itself. 
 
 Biparla, rivaria, t. I. In old English law. A river. 
 
 Biparian. Eelating or belonging to the bank of a river. Biparian 
 proprietor: the owner of land on the bank of a river or stream. 
 Biparian rights: the rights of the owners of lands on the banks of 
 rivers and streams ; rights annexed to a qualified property in tlie 
 soil to the thread of the stream. 
 
RIPUARIAN — ROGATOR. 601 
 
 Bipnarian Law. An ancient code of laws by which the Ripuarii, a tribe 
 of Franks who occupied the country on the Rhine, the Meuse and 
 the Scheldt, were governed. 
 
 Bisicnin, I. I. In old insurance law, risk, hazard, peril. 
 
 Risk. In insurance law, a peril, hazard, or danger ; chance of loss. 
 
 Rite, Z. In due form. y. Omnia prcesumuntiCr,eio. 
 
 Rivaria, I. I. In old English law. A river. 
 
 River. A body of running water confined between two opposite sides 
 or banks ; a water-course of the larger kind. 
 
 Riviation. In old English law. The use of a river for the purposes of 
 fishing. 
 
 Rivus, I. In old English law. The chan'nel of a water-course. 
 In the civil law. A trench for watir to pass. 
 
 Rixa, I. In the civil law. A quarrel ; a strife of words. 
 
 Rixatrix, I. I. In old English law. A scold ; a scolding or quarrelsome 
 womau. 
 
 Road. An open or public way, including highway, street and lane ; an 
 open passage of the sea, which, though it lies out at sea, yet is a safe 
 place for the common riding or anchormg of ships. Road, law of: 
 the rule regulating the meeting and passing of vehicles, horsemen, 
 pedestrians aod others on the highway. 
 
 Road-bed. The foundation upon which the superstructure of a railway 
 rests. 
 
 Roadsted. A known general station for ships, notoriously used as such, 
 and distinguished by the name. 
 
 Roadway. The ground allowed to a railway for track purposes. 
 
 Robaria, robberia, roberia, 1. 1. In old English law. Robbery,— in its 
 original sense, the violent taking of one's robe or garment. 
 
 Bobator, robbator, /. I In old English law. A robber. Robatores: 
 robbers. Robbatores et burglatores: robbers and burglars. 
 
 Robbare, I. 1. In old English law. To rob ; to take away violently. 
 
 Robber, I. fr. To rob. Robbans: robbing. Kobbe: robbed. 
 
 Robbery. A felonious taking of money or goods of value from the per- 
 son of another, or in his presence, against his will, by violence, or 
 by putting him in fear. 
 
 Robbour, robour, I. fr. A robber. 
 
 Rodlinights, rodknygUts. In old English law. Mounted retainers; 
 vassals or tenants whose service was to ride with their lord from 
 manor to manor. 
 
 Rogare, I. In the Roman law. To ask. Rogare legem: to ask for a 
 law ; to propose it for adoption ; to vote for a law proposed ; to pass 
 a law. 
 
 Bogatio, I. In the Roman law. An asking; a question or interroga- 
 tion ; an asking for a law : a proposal of a law for adoption or pas- 
 sage ; a law passed by such a form. 
 
 Bogator, I. In the Roman law. The proposer of a law. 
 
602 ROGO — ROUTOUSLY. 
 
 Bogo, I. In the Roman law. I ask,— a common word in wills. 
 
 Rogue. In English law. A sturdy beggar ; a vagrant of either sex. 
 
 Roiaume, I. fr. Realm ; kingdom. 
 
 Rol, roule, roly, I fr. A roll. 
 
 Roll. In modern practice, a record, whether kept on parchment or on 
 paper, whether rolled or bound up in leaves in the form of a! book. 
 Anciently a sheet, or connected series of sheets, of parchment on 
 which records were written, and which when completed were rolled 
 and so kept. In English practice there were many of these rolls, such 
 as the process roll, the recognizance roll, the imparlance roll, the 
 plea roll, the issue roll, and the judgment rolL And among the other 
 public records tliere are many more, as the rolls of Parliament, 
 the most important, the charter rolls, the patent rolls, the Gascon; 
 Norman, French, Roman, Scotch and Welsh rolls, the coronation 
 rolls, and others. 
 
 Rolling-stock. The property of a railway which in ordinary use is 
 taken fi'om one part of the road to another, as cars and locomotives. 
 
 Rolls office of the chancery. An office in Chancery Lane, London, in 
 which are deposited the rolls and records of the court of chancery, 
 of which the Master of the Rolls is, by virtue of his office, the keeper. 
 
 Roman law. In a general sense, all the laws which prevailed among 
 the Romans, including the collections of Justinian, now generally 
 denominated the civil law ; in a stricter sense, merely the law of 
 Justinian, or all the laws of the times anterior to Justinian. 
 
 Romescot. In old English law. An annual tribute of one penny from 
 every family, paid to Rome at the feast of St Peter, v. Peter's 
 pence. 
 
 Rota, I. I. Succession ; rotation. The name of a Genoese court of the 
 sixteenth century the decisions of which in maritime and commer- 
 cial matters, contained in the work of Stracoha, have been held in 
 high regard for wisdom and equity. 
 
 Rotulns, I. I. In old English law. A roll, composed of one or more 
 skins of parchment; a record on a parchment roll. Rotalus Win- 
 touiee: the Roll of Win ton, or Winchester, — a term sometimes ap- 
 plied to Domesday Book, but properly, a similar record made by 
 Alfred. 
 
 Roture, fr. In old French and Canadian law. A free tenure without 
 the privilege of nobility. 
 
 Roturier, fr. In old French and Canadian law. A free tenant of land 
 on services exigible either in money or in kind. 
 
 Rout. In English law. A disturbance of the peace by an assembling 
 of persons with an intention to do that which, if executed, will 
 make them rioters, and actuMly making a motion towards execu- 
 tion of their intention ; an incipient riot. 
 
 Routously. A technical word in indictments, generally coupled with 
 the word rioto'usly. 
 
ROY— RUN. 603 
 
 Roy, Eey, Rei, I. fr. King ; a king ; the king. Roy ne'st lie per ascun 
 statute, si 11 ne soit expressement nosine: the king is not bound 
 by any statute, if he be not expressly named to be so bound. 
 
 Royal. In English law. Relating to the king. Royal court: the king's 
 court ; the courts of Westminster. Royal fish: whale and sturgeon ; 
 so called as belonging to the king by prerogative, when thrown 
 ashore, or caught near the coast ; a part of the king's ordinary rev- 
 enue. Royal mines: mines of silver and gold. 
 
 Royalty. A sum paid by the user of a patent for the purposes of man- 
 ufacture, — commonly so much for each article ; a sum paid by a 
 publisher to an author upon sale of the work, proportioned to the 
 extent of the sale, — commonly so much for each copy or volume ; 
 the sum due to the lessor of a mine. 
 
 Rule. A principle or canon, aa a rule of law, a rule of construction ; an 
 order made by a court for the regulation of its practice, otherwise 
 called a general rule ; an order made between the parties to a suit, 
 either on motion of counsel or without. Rule absolute: a rule to 
 show cause upon which, on hearing, the court has made a peremptory 
 order that the party shall do as the rule requirea Rule nisi: a rule 
 to show cause why a party should not do a certain act, or why the 
 object of the rule should not be enforced. Rule of course: a rule 
 granted as matter of routine without application to the judge, other- 
 wise called office rule. Rule of property: a settled principle gov- 
 erning the title, possession, descent and alienation of property. Rule 
 of 1756: a rule relating to the trade of neutrals in time of war, first 
 established in the year 1756, — the substance of which is that neutrals 
 are not to carry on with a belligerent a trade not open to them in 
 time of peace. 
 
 Rule. To require by rule ; to enter a rule against ; to determine or de- 
 cide. 
 
 Rules. In American law. Sometimes proceedings in an action out of 
 court, or in vacation, and the times of such proceedings. 
 In English law. Rules of the King's Bench prison: limits beyond 
 the walls of the prison, within which prisoners in custody in civil 
 actions were allowed to live on certain conditions. 
 
 Rumpere, I. In the civil law. To break ; to revoke. Bumpitur testa- 
 mentum cnm, in eodem statu manente testatore, ipsius testa- 
 ment! jus vitiatnr: a testament is broken when, the testator 
 remaining in the same state, the legal force of the testament itself 
 is destroyed. 
 
 Run. To operate; to have or take effect; to pass; to follow; to go 
 with, or accompany ; to continue to be valid ; to remain unpaid ; to 
 bear the name of the state or the people of the state as prosecutor. 
 Running account: an open unsettled account, as distinguished from 
 an account stated and liquidated. Running at large: strolling with- 
 out restraint,— applied to animals. Running days: days allowed in 
 
604 RUN — SACRAJTENTUM. 
 
 a charter-party, for loading and unloading a vessel, and for other 
 purposes. Kunning: with tlie land: v. Covenant. 
 
 Rnptiim, I. In the civil law. Broken. 
 
 Kiiral servitude. In the civil law. A servitude annexed to a rural es- 
 tate. 
 
 Kustici, I. I. In old English law. Inferior country tenants, churls, or 
 chorls, who held cottages and lands by services of ploughing, and 
 the like. 
 
 Rustlcuin judicium, I. L A rough or rude judgment or decision. 
 
 S. An abbreviation of scilicet, section, statute, superior, supreme. S. C: 
 same case ; supreme court. S. L.: session laws. S. P.: same point ; 
 same principle ; sine parole; supra protest. 
 
 Sa et la, I. fr. Here and there. 
 
 Sabbatum, /. In old English law. Peace ; rest. 
 
 Sac, sak, Saca, sacca, sacha, I. 1. In old English and Scots law. The 
 jurisdiction of a manor court ; the privilege of a lord of V manor of 
 holding pleas and collecting fines and ameroemeuts. 
 
 Sacaburth, sakaburth, saccabor, sacaber, sacborgh, sax. In old Eng- 
 lish law. A person from whom a thing was stolen, and by whom 
 the thief, liaving it on his person, was freshly pursued. 
 
 Saccularli, I. In the civil law. Persons who cheated in wares or money, 
 by means of sacks or bags which they carried with them. 
 
 Saccus, I. In old English law. A sack ; a quantity of wool weighing 
 thirty or twenty-eight stone ; a sack or pack : a pack saddle. Sac- 
 cus cum brochia: a sack [or pack of cloth used with or in place of 
 a saddle] with a broche [bi-oach or pointed iron], — tilings the finding 
 of which was one of the services by which one might hold of the 
 king ; a species of petty serjeanty. 
 
 Sachaument, I. fr. Knowingly ; willingly. 
 
 Sachent, I. fr. Let them know ; a word used in the commencement of 
 deeds and charters. Sachent a toutz ceux que icy soant, et a toutz 
 ceux que avener sount: know all those who are here, and all those 
 who are to coma v. Sciant, etc. 
 
 Saclier, I. fr. To know. Saches, sachez, sachiez: know; know ye 
 Saches touts geus: know all people. 
 
 Sacramentum, I. In old English law. An oath ; the oath of a juror, 
 witness or party to a suit v. Eepellitur, etc. Sacramentum fldel- 
 Itatis: the oath of fealt}'. Satramentum habet in se tres comltes, 
 veritatem, Justitiam et judicium; Veritas habenda est in jurato, 
 justitiaet judicium in judice: an oath implies or requires three 
 attendant circumstances: truth, justice and judgment; truth is to 
 be observed in the party sworn, justice and judgment in the judge 
 [before whom the oath is taken]. 
 In the civil law. Sacramentum decisionis: the oath of decision; the 
 decisive oath; the voluntary oath of a party to a suit, by which it 
 
SACRAMENTUM — SAGES. 005 
 
 was allowed to be decided, where the other party was not able to 
 prove his charge, and offered to refer the decision of the cause to the 
 oath of his adversary. 
 In the Roman law. A sum of money deposited by both the parties to 
 an action, which fell to the gaining party on determination of the 
 cause ; a suit or cause ; a military oath. 
 
 Sacrilege: In English law. Larceny from a church ; breaking a church 
 or chapel, and stealing therein. 
 In old English law. Profanation of holy things ; the alienation to 
 laymen or to profane or common purposes of what was given to re- 
 ligious pereons and to pious uses, 
 
 Sacrileg:iuiu, I. In the civil law. The stealing of sacred things, or 
 things dedicated to sacred uses ; the taking of things out of a holy 
 placa 
 
 Sacrilegus, I hi the civil and common law. A sacrilegious person ; a 
 person guilty of sacrilege. Sacrilegns omnium pra;donum cupidi- 
 tatem et scelera superat: a sacrilegious person exceeds all robbers 
 in cupidity and wickedness [surpasses the cupidity and wickedness 
 of all robbers]. 
 
 Sajpe constitiitum est, res inter alios jndicatas aliis non prgejudi- 
 care, t It has often been determined that matters adjudged be- 
 tween other parties do not prejudice. 
 
 Ssepenumero ubi proprietas yerborum attenditur, sensus yeritatis 
 amittitur, L Oftentimes where the propriety of words is attended 
 to [where the attention is occupied with the proper meaning of 
 words] the true sense is lost, 
 
 Siepins, I. Often. SiBpius requisitusi often required, or requested. 
 
 Steyitia, I In the law of divorce, cruelty ; anything which tends to 
 bodily harm, and in that manner renders cohabitation unsafe. 
 
 Safe pledge. In old English law. A suflBcient surety. 
 
 Safe-conduct. A passport or privilege granted in war, exempting from 
 the legal effects of war, during the time and to the extent described in 
 the permission ; a passport or privilege granted, in time of war, to the 
 subjects of a hostile power, permitting them to depart in safety, 
 and to take with them certain effects, or to remove effects only ; a 
 document granted to the master of a merchant vessel, for the prxj- 
 tection of the vessel in time of war. 
 In old English law. A license in the form of a writ, under the great 
 seal, to a foreigner, to come into the kingdom, remain, go through, 
 and depart without molestation, during a specified time. 
 
 Safeguard. In old English law. A license, in the form of a writ, under 
 the great seal, granted to strangers seeking their right by course of 
 law within the king's dominions. 
 
 Sage, I fp Learned; wise. 
 
 Sages de la ley, l fr. Sages of the law ; persons learned in the law. 
 
606 SAIL — SAL VARE. 
 
 Sail. To move, on the prosecution of a voyage ; to make a movement 
 for the purpose of proceeding to sea. The least movement, vcith 
 clearance and readiness of equipment, is suflBcient to satisfy a war- 
 ranty. 
 
 Saints. In old English law. Holy things ; gospels on which oaths were 
 taken. 
 
 Sale. A contract for the transfer of property from one person to an- 
 other, for a valuable consideration ; a transfer of the property, ab- 
 solute or general, in a thing for a fixed price in money, or its equiv- 
 alent Sale, bill of: a writing witnessing a transfer of title to 
 personalty under a contract for a fixed price. Sale in gross: a sale 
 without regard to quantity. Sale note: a note or memorandum of 
 the sale of goods, given by the broker to the buyer, v. Sold note. 
 Sale on approval: a sale which becomes absolute only when the 
 property is approved either expressly, or by implication, as from a 
 keeping of the goods beyond the time allowed for trial. Sale or 
 return: a sale which becomes absolute only after the lapse of a 
 reasonable time without return of the goods. 
 
 Salic, or Salique law. A compilation of laws made under Pharamond, 
 king of the Salian Franks, after their settlement in Gaul. It is the 
 most ancient of the barbarian codes, and one of the most important 
 compilations of law in use among the feudal nations of Europe. 
 The term is applied also in French law to that particular provision 
 which has excluded females from succession to the crown. 
 
 Sains, I Health ; prosperity, good or welfare ; safety ; salvation. Sains 
 populi suprema lex: the good or welfare of the people is the su- 
 preme law. Salus ubi mnlti consiliarii: there is safety where 
 there are many counsellors. 
 
 Salntem, 2. Health; greeting; prosperity; salvation. 
 In old English law. A formal word in the commencement of deeds, 
 probably derived from the Roman practice ; a formal word invari- 
 ably used in the address of writs, which commenced in the epistolary 
 form. 
 In the Roman law. A formal word in the commencement of deeds 
 and charters, which, during the later periods of the empire, were 
 written in an epistolary form. 
 
 Salva gardla, I. I. Safeguard, 
 
 Salvage. A compensation allowed to a person by whose voluntary as- 
 sistance a ship or its cargo has been saved, in whole or in part, from 
 impending danger, or recovered from actual loss, in cases of ship- 
 wreck, derelict or recapture. Salvage service: service rendered in 
 saving property on the sea, or wrecked on the coast of the se£L 
 
 Salvage, saiivage, Z. fr. Wild ; savage, 
 
 Salvare, I. I. In old English law. To save. Salvare defaltam: to save 
 a default Salvans: saving; economical 
 
SALVO — SAPIENTIS. 607 
 
 Salvo, I. I Saving: safely. Salro et secure: safely and securely. 
 Salvo jure cnjuslibet: saving the rights of any and all. Salvo me 
 et hieredibus mels: except me and my heirs. 
 
 Salvor. A person entitled to salvage. 
 
 Salvus, 1, In old English laie. Safe. Salvns conductus: safe conduct 
 Salvus et securus coiidnctus: safe and secure conduct Salvns 
 plegins: a safe pledge. 
 
 Sample. A small quantity taken from the bulk of a commodity for the 
 purpose of showing its quality. 
 
 Same mentis, I I. In old English law. Of sound mind. 
 
 Sanare, 1 1. In old English laic. To cure. 
 
 Sauctio, I. In the civil law. That part of a law which ordains a pen- 
 alty against those who violate it, — by which its inviolability is secured. 
 ^Sanctio justa, jubens honesta, prohibens contraria: a just [or 
 formal] sanction [or rule of civil conduct], commanding what is 
 right, prohibiting the contrary. 
 
 Sanction. That part of a law which ordains or denounces a penalty for 
 its violation, — the vindicatory part Sanction of an oath: a belief 
 that the Supreme Being will punish falsehood. 
 
 Sanctuary. In old English law. A consecrated or privileged place, 
 such as a church or churchyard ; exemption from arrest on crim- 
 inal process in such place of an offender who had fled to it for pro- 
 tection. 
 
 Sanctus, sanctum, I. In the civil law. That which is guarded and 
 fenced round against injury. 
 
 Sane, I fr. and eng. Sound. 
 
 Sanguis, L In the civil and old English law. Blood; consanguinity. 
 Sangninem rediraere: to redeem one's blood ; to pay the merchet or 
 accustomed fine, for leave given to servile tenants to dispose of their 
 daughters in marriage. 
 
 Sanity. Soundness of mind, — which is always presumed. 
 
 Sans, sanns, santz, I. fr. Without Sans ceo que: without this that ; 
 technical words formerly used in pleading by way of special trav- 
 erse. Sans impeachment de wast: without impeachment of waste. 
 Sans jour, sauns lour: without day. Sans nomhre: without num- 
 ber; without stint or limit Sans pluis: without more; without 
 further words. Sans reconrs; without recourse. Sans waste: 
 ■without waste. 
 
 Sapiens Inclpit a fine, et qnod primum est in Intentione, nltlmum 
 est in executione, I. A wise man begins at the end, and that which 
 is first in intention is last in execution. 
 
 Sapientis judicis est cogitare tantum sibl esse permissum, quantum 
 commissam et creditum, I. It is the part of a wise judge to think 
 that a thing is permitted to him only so far aa it is committed and 
 entrusted to him. 
 
608 SASINE— SCHEDULA, 
 
 Sasine. In Scots law. The symbolical delivery of land, answering to 
 the livery of seisin of the old English law. 
 
 Satio, I. In the civil laio. A sowing of seed ; one of the modes of gain- 
 ing property by accession. 
 
 Satisdatio, I. In the civil law. Security given by a party to an actioni 
 as by a defendant, to pay what may be adjudged against him. 
 
 Satisfaction. The making amends for an injury done ; the payment of 
 a legal debt or demand ; the discharging or canceling of a judg- 
 ment or mortgage, by paying or by a seizing and selling of property 
 to an equal amount. Satisfaction piece: a memorandum in writing, 
 entitled in a cause, stating that satisfaction is acknowledged between 
 the parties. 
 
 Satisfy. To supply with enough of whatever is required ; to free from 
 doubt ; to convince ; to pay. _ 
 
 Satins est petere fontes qaam sectari rivulos, I. It is better to seek 
 the fountains than to follow the streams. 
 
 Sannlcefln, I fr. End of blood ; failure of the direct line in descent 
 
 Sanns, saunz, saiintz, I. fr. Without Sanns faire alienaclon: with, 
 out making alienation. Saunz plus (lire: without more saying. 
 
 Sauvement, I. fr. Safely. Sauveinent gardes: safely kept 
 
 Save. To reserve, exempt or except, as out of the operation of a statute ; 
 to suspend the operation of, as a statute. 
 
 Savant, I. fr. Saving ; knowing. , 
 
 Saver, savor, savoer, I. fr. To know. v. Cest aseavoir. 
 In old English law. Saver default: to excuse a default 
 
 Scaccarium, L I. In old English law. Exchequer. 
 
 Scale. In the American law. To adjust, graduate or value according 
 to a scale. 
 
 Scandal. The allegation of matter in a pleading in equity which is con- 
 trary to good manners, which charges some person with a crime not 
 necessary to be shown, or which the dignity of the court will not 
 permit the court to hear. 
 
 Scandalum magnatnm, I. I. In English law. Scandal or slander of 
 great men or nobles ; words spoken in derogation of a peer or other 
 great officer of the realm, for which an action lies. 
 
 Scavage, schewage. In old English law. A tribute exacted of mer- 
 chants by the owners of fairs, for leave to offer their wares for sale. 
 
 Scaver, scavoir, I fr. To know. Scait, scat, sciet: knows. Scevent, 
 secivent, sceuvent: know. Scavez rien dire p' qui nous ne ren- 
 drom' jug't: know you nothing to say why we should not render 
 judgment? 
 
 Scedula, I. I. In old English law. An escrow. 
 
 Seen, I. fr. Sense ; knowledge. 
 
 Schedula, L I. In old English law. A scroll ; an escrow ; a paper con- 
 taining a list of itcma Scliedula expensarum: a bill of costs. 
 
SCHEDULE — SCIRE. 609 
 
 Schednle. A small sheet or scroll ; a sheet of parchment or paper ap- 
 pended to a written instrument, containing a detailed statement of 
 matters generally referred to ; an inventory or paper containing an 
 inventory. 
 Schetes. In old English law. Usury, so called. 
 Schira, scliyra, shira, sliyra, I. I. In old English law. A shire or 
 
 county. 
 Schireff. In old Scots law. SheriflE. 
 Schireman. In Saxon law. An officer having the civil government of 
 
 a shire or county ; an earL 
 School. V. Common. 
 Sciant prsesentes et fnturi, Z. I Know [all men] present and to come,— - 
 
 a form of great antiquity in the common law. v. Sachent, etc. 
 Sciendam est, I. In the civil law. It is to be known, or understood, — 
 a phrase frequently used in the commencement of paragraphs as pre-- 
 liminary to some explanation, or as calling attention to some par- 
 ticular rule. Sciendum itaqne est, omnia fldei-comraissa primis 
 , temporibus inilrma fnisse: it is to be known, then, that all trusts. 
 were, in their origin, weak. 
 Scienter, I. I. Knowingly ; with knowledge. The word is used in plead- 
 ing to express knowledge of certain facts essential to a valid ground-i 
 of complaint, and also as the name of that part of a declaration or- 
 indictment in which such knowledge is charged. 
 Scienti et volenti non lit injuria, I. An injury is not done to one who ■ 
 
 knows and wills it 
 Scientia, ?. Knowledge; information. Scientla sciolorum est mixta; 
 ignorantia: the knowledge of sciolists is a mixed ignorance. Sci- 
 entla ntrlmque par pares contrahentes facit: equal knowledge on > 
 both sides makes contracting parties equal. 
 Scilicet, I. To wit ; that is to say. A word used as introductory to a 
 
 more particular statement of matters mentioned in general terms. 
 Scintilla, I. A spark ; a remaining particle ; the least particle. Scin- 
 tilla juris: a spark of right; a remaining particle of right or inter-- 
 est ; portion of the fee-simple of an estate, supposed to remain in 
 feoffees to uses, to serve and support contingent uses when they 
 came into being. 
 ir'icire, I. To know ; to be aware of. Scire debes cnm quo contrahis: 
 you ought to know with vehom you contract or bargain. Scire 
 facias: cause you to know ; a judicial writ, founded on a record, 
 and requiring the person against whom it is brought to show cause 
 why the party bringing it should not have advantage of such rec- 
 ord, or why the record should not be annulled. Scire feci: I have 
 caused to know ; the return to a writ of scire facias. Scire proprie 
 est rem ratione et per causam cognoscere: to know properly is to 
 know a thing in its reason, and by its causa 
 89 
 
610 SCIRE -SCUTAGE. 
 
 In the civil law. Scire leges, non hoc est verba earum tenere, sed 
 Tim ac potestatem: to know the laws is not to observe their mere 
 words, but their force and power ; [that is, the essential meaning in 
 which their efSoacy resides]. 
 
 Sciregeniote, or scyregemote, sax. In Saxon law. The shire mote ©r 
 county court ; the principal court, held twice a year before the bishop 
 and alderman. 
 
 Scirewyte. In old English law. A tax or prestation paid to the sheriff 
 for holding the assises or county courts. 
 
 Scissio, /. In old English law. A cutting. Scissio auricularium: 
 
 Scissio, I. In old English law. A cutting. Scissio auricularum: crop- 
 ping of the ears. 
 
 Selandre, I fr. In old English law. Slander. 
 
 Scot. In old English law. A tax, or tribute; one's share upon contri- 
 bution ; a contribution by several. 
 
 Scotale, scotall, Scotalla, scotala, scotallnm, I. I. In old English law. 
 A compotation or entertainment with ale, given for the purpose of 
 extorting money. 
 
 Scrawl. A word used for scrowl or scroll. 
 
 Scrlba, I. A scribe ; a secretary. Scriba regis: a king's secretary ; a 
 ohancelloi-. 
 
 Scribere est agere, I. To write is to act ; treasonable words set down 
 in writing amount to overt acts of treason. 
 
 Script. A writing ; a paper offered for probate as a will. 
 
 Scriptum, I In old English law. A writing; a thing written. Scrip- 
 turn indentatum: a writing indented; an indenture or deed. Scrip- 
 turn obligatorium: a writing obligatory ; a bond ; a writing under 
 seal. 
 
 Scriptnra, I. In old English law. The act or fact of writing. 
 
 Scrivect'. In old English law. Scruet Scrivect' flninm: soruet of 
 fines ; a species of roll used in cases of habeas corpus. 
 
 Scrivener. A person who writes, or copies writings for others. 
 
 Scriver, I fr. To write. 
 
 Scroll, scrowl. A paper or parchment containing some writing, and 
 rolled up so as to conceal it ; an escrow ; a flourish with a pen, at 
 the end of a signature, including the word "seal" or the letters 
 " L. S.," rudely representing a seal 
 
 Scruet-roU or scruet fliiium. In old English law. A species of roll or 
 record, on which the bail on habeas corpus was entered. 
 
 Scrutator, I. In old English law. A searcher or bailiff of a river ; a 
 bailiff whose business was to look to the king's rights in wrecks, 
 flotsam, jetsam, etc. 
 
 Scutage, Scutagium, I. In old English law. A commutation by a ten- 
 ant by knight service, in lieu of actual service. Scutagium [nomi- 
 natur] quia talis praestatio pertinet ad scutum quod assumitnr 
 ad servitium militare: it is called scutage because such payment 
 belongs to the shield which is borne for military servica v. Escuage. 
 
SCUTUM — SECOND. 611 
 
 Scutum, I. I. In old English law. A shield, or shelter. Scutum ar- 
 morum: a shield or coat of arms. ' 
 
 Scyra, I. I. In old English law. Shire ; county ; the inhabitants of a 
 county. 
 
 Se, si, I. fr. If ; whether ; his ; but ; except 
 
 Se, L Himself; themselves; itself. Se defendendo: in defending him- 
 self ; in self-defensa v. Homicide. 
 
 Sea. Waters within the ebb and flow of the tide ; a series of waves ; a 
 single wava v. High sea. Sea-letter: a document carried by a 
 merchant vessel as an evidence of nationality, — particularly in time 
 of war and as a protection against belligerents ; a passport Sea- 
 shore: the ground between the ordinary high-water and low-water 
 mark; the ground over which the tide ebbs and flows. Sea- 
 worthy: in a condition to perform a voyage ; competent to resist the 
 ordinary attacks of wind and weather, and competently equipped 
 and manned for the voyaga 
 In Scots law. Sea-greens: grounds overflowed in spring tides. 
 
 Seal. An impression on wax or wafer or other tenacious and impres- 
 sible substance attached to a writing by way of execution ; the sub- 
 stance so impressed ; the instrument with which the impression is 
 made ; any device which the law permits as a substitute. At com- 
 mon law nothing less than such substance so impressed is a seal, — 
 an impression in the paper or parchment on which the writing is 
 made is not enough ; but in many of the states the ancient rule is 
 modified, in some a wafer or wax unimpressed being sufiBcient, and 
 in others a mere scroll or flourish of the pen. 
 In English law. The sitting of a court 
 
 Sealx, seaux, I fr. Seala 
 
 Seaman. A person who aids in navigating a vessel; a mariner; a 
 sailor. 
 
 Search. An examination or inspection, — as of records, for particulars 
 affecting title, or of a house for evidence of the commission of an 
 alleged offense. Search, right of: v. Right. Search warrant: a 
 warrant granted by a magistrate, authorizing the search of premises, 
 usually for goods stolen, but sometimes for other purposes. 
 
 Seaupwerpe, seawerpe, sax. In old English law. Wreck ; that which 
 is cast up by the sea. 
 
 Second deliverance. A writ for a plaintiff in replevin, where the de- 
 fendant has obtained judgment for return of the goods, by default 
 or nonsuit to have the goods again, on giving the same security as 
 before. 
 In old English law. Second surcharge: the surcharge of a common 
 a second time, by the same defendant against whom the common 
 was before admeasured; the writ given by the etatute of Westmin- 
 ster 2, as a remedy therefor. 
 
612 SECONDARY — secundum: 
 
 Secondary. In English law. An oflScer of the courts of King's Bench 
 and Common Pleas, bo called, because second, or next to the chief 
 oflBcer. 
 
 Secondary conreyance. A conveyance which presupposes some prece- 
 dent conveyance, which it serves only to confirm, restrain or enlarge. 
 Secondary evidence: evidence which supposes better evidence, 
 which is called primary, as parol evidence of the contents of a writ- 
 ten instrument. 
 
 Secret partnership. A partnership in which certain partners are not 
 made known to the public. 
 
 Secrete. As applied to the property of a debtor secreted from a creditor, 
 means in any unlawful way to put out of the creditor's reach. 
 
 Secta, I. I. In old English law. Suit ; attendance at court ; witnesses 
 produced by the plaintiff upon counting or declaring, for the pur- 
 pose of confirming his allegatiops before the defendant pleaded, the 
 production being expressed in the form with whicl^ the declaration 
 still concludes ; a suit or action ; the prosecution, or following up of 
 one's right at law ; pursuit of a felon ; a feudal service by which a 
 tenant was bound to attend the lord's court ; a customary service on 
 the part of a tenant, to grind his grain at the lord's mill. Secta ad 
 furnnm: >uit due to a public oven or bake-house. Secta ad molen- 
 dinnm: suit at mill ; a service due by usage from the persons resi- 
 dent in a particular place, of carrying their corn to a certain mill to 
 be ground ; the writ which constituted the remedy for the with- 
 drawal of such service. Secta ad torrale: suit due to a kiln or malt- 
 house. Secta cnrix: suit of court; the service of following the 
 lord in his court, or of attending his court, — a service which all 
 feudal tenants were bound to perform. 
 
 Sectator, LI. In old English law. A suitor ; one who was bound to do 
 suit, especially suit at court. 
 
 Sectores, /. In the Roman law. Purchasers at public sales. 
 
 Secnndum, I. According to ; in favor of ; near. Secundum sequum et 
 bouum: according to what is just and good. Secundum alieg'ata 
 et probata: according to the things alleged and proved; according 
 to the allegations and proofs. Secundum bonos mores: according 
 to good usages ; regularly. Secnndum consuetudinem husbandri» 
 manerii: according to the custom of husbandry of the manor. Se- 
 cundum I'ormam statuti: according to the form of the statute. 
 Secundum legem communem: according lo the common law. Se- 
 cundum naturam: according to nature ; natural ; — est commoda 
 eujnsque rei eum sequi, qnem sequentur incommoda: it is accord- 
 ing to nature that the advantages of anything should attach to him 
 to whom the disadvantages attach. Secundum normam legis: ac- 
 cording to the rule of law ; ,by the intendment and rule of law. 
 Secundum quautitatem terrse: according to the quantity of land. 
 Secnndum snbjectam materiam: according to the subject-matter. 
 
SECURE — SEISIN. 613 
 
 Secure. To procure ; to guaranty ; to make safe or certaiD. 
 
 Securitas, I In old English law. Security ; surety. 
 In the civil late. An acquittance, or release. 
 
 Securitate pacis, I. I In old English law. Writ of security of the 
 peace ; a writ which lay for one who was in fear of some bodily 
 harm from another. 
 
 Security. That which makes secure ; an instrument given to secure 
 the performance of an act or contract ; a person bound by such an 
 instrument ; a surety. 
 
 Secnrius expediuntur negotia commissa pluribus, et pins yident 
 ocnli quam oculas, I Matters entrusted to several are more se- 
 curely dispatched, and [several] eyes see more than [onej eye. 
 
 Securus, I. Secure ; safe or sura 
 
 Secns, I. Otherwise; amiss; contrary. 
 
 Sed, I. But. Sed non allocatur: but it is not allowed. Sed per 
 curiam: but by the court. 
 
 Sedato animo, /. L With settled purpose. 
 
 Sedente curia, I I. The court sitting ; during the setting of the court. 
 
 Sedere, I To sit, as a coiu-t, or the judges of a court 
 In the civil law. To be satisfactory to a judga 
 
 Sederunt, I. I. In Scots law. They sat ; the session or sitting of a court. 
 
 Seditio, I. In old English law. Sedition ; treason. 
 In the civil law. Disturbance of the public tranquillity. 
 
 Sedition. An offense consisting of attempts made by meetings, or by 
 speeches or publications, to disturb the tranquillity of the state, or to 
 excite discontent against the government ; conduct tending toward 
 treason, but wanting in the overt act 
 
 Seduction. The debauching of a woman ; the ofifense of inducing a 
 woman by some art, influence, promise or deception to consent to 
 unlawful intercourse. 
 
 Seel, I. fr. In old English law. Seal ; a seal 
 
 Seigneur, seignior, fr. In old English law. Lord ; a lord ; owner or 
 master. 
 
 Seigniory. In feudal and English law. Lordship; the estate of a 
 lord in the land held by the tenant ; a lordship or manor. Seigniory 
 in gross: a lordship independent of a manor, as that of the king 
 over tenants in capite. 
 
 Seised. Possessed of land under claim of at least a freehold interest 
 Seised in his demesne as of fee: holding a fee simple in a corporea' 
 hereditament of the superior lord. 
 
 Seisin. Possession of land under claim of at least a freehold interest ; 
 in a looser sense, as the word is used in some of the states, owner- 
 ship. Seisin in fact: actual possession ; investiture of a freehold,— 
 which is seisin in the feudal sense of the word. Seisin in law: the 
 estate of a person who having a freehold has not yet entered, or, 
 having entered, has been dispossessed. 
 
614: SEISER — SEMPER. 
 
 Seiser, I. fr. In old English law. To take ; to take hold of. Seiser et 
 tener: to take and hold. 
 
 Seisi, I. fr. In old English law. Seised ; possessed. Seisi de denx ju- 
 ments: seised of two beasts. 
 
 Seisiare, I. I. In old English law. To seize. Seisie: seised. 
 
 Seisina, seyslna, saisina, I. I In old English law. Seisin ; possession 
 of a freehold estate. Seisina facit stipitem: seisin makes the stock ; 
 seisin of a person makes him the root or stock from which all future^ 
 inheritance by right of blood must be derived ; a maxim now, in 
 general, of no force under existing statutes. 
 
 Seisire, Z. Z. In old English law. To take; to be seised. Seisitus: seised. 
 
 Seizure. A taking of a thing into possession under authority of law, — 
 manual, where the nature of the property admits of such taking ; a 
 taking of a ship under public authority for violation of law or of 
 some municipal or other regulation. 
 
 Selecti judices, I. In the Roman law. Selected judges ; persons chosen 
 by lot, out of a larger number, to act as judices in criminal cases. 
 
 Selectmen. The general executive officers of the town, in the New 
 England system of local self-government. 
 
 Self-defense. The protection by one of his person or property from an 
 injury attempted by another ; the right of such protection. The use 
 of force is justified, and where the attempt is upon the person, may 
 extend, if necessary, to the killing of the assailant 
 
 Semblable, I. fr. Similar ; like. 
 
 Semble, I. fr. Seems ; it seems. A word used to introduce an opinion 
 on a point not definitely settled, or an opinion as to the bearing of 
 some decision on a particular point ; an unsettled opinion of the 
 court. 
 
 Semblement, /. fr. Likewise. 
 
 Semestris, semestre, I. Of, or for six months. 
 
 Semi-matrimonium, I. In the Roman law. Half-marriage. Concu- 
 binage was so called. 
 
 Semi-plena probatio, Z.\ In the dvil law. Half-full proof ; half-proof. 
 
 Semper, I. Always. Semper ita flat relalio, ut valeat digpositio: 
 reference [of a disposition in a will] should always be so made that 
 the disposition may have effect. Semper praesumitur pro legiti- 
 matione puerornm: the presumption always is in favor of the legiti- 
 macy of children. Semper praesumitur pro negante: the presump- 
 tion is always in favor of the one denying. Semper praesumitur 
 pro sentential the presumption always is in favor of a sentence. 
 Semper paratns: always ready ; always prepared. 
 In the civil law. Semper in dubiis benigniora praeferenda sunt: 
 in doubtful cases, the more favorable constructions are always to be 
 preferred. Semper in dubiis id agendum est, ut qnam tutissimo 
 loco res sit bona fide contracta, nisi qunm aperte contra leges 
 scriptum est: in doubtful cases, such a course should be taken that 
 
SEMPER — SEP. 615 
 
 a contract made bona fide should be in the safest condition [most 
 carefully upheld], unless when it has been openly made against law. 
 Semper in obseuris, quod minimum est, sequimur: in cases of ob- 
 scurity we always follow that which is the least. Semper in stipu- 
 lationibns, et in ceteris contractibus, id sequimur quod actum 
 est: in stipulations and in other contracts we follow that which was 
 done [we are governed by the actual state of facts]. Semper qui 
 non proliibet pro se interTcnlre, uiandare creditur: he who does 
 not prohibit the intervention of another in his behalf is supposed to 
 authorize it. Semper sexus masculinus etiam t'eminiiium sexum 
 continet: the male sex always includes the female. Semper speci- 
 alia ^eneralibus insunt: specials are always included in generals. 
 
 Sen, sews, I. fr. Sense ; reason ; understanding. 
 
 Senator, I. In old English law. A member pf the king's council, or 
 council board ; a king's councillor. Senatores sunt partes corporis 
 regis: councillors are parta of the king's body. 
 In the Saxon law. An alderman. 
 In the Roman law. A member of the senate. 
 
 Senatus, I. In the Roman law. The national council of the Roman 
 people ; the senate ; the place where the senate met. Senatus con- 
 sultum: a decree of the senate ; — nltiniie necessitatis: a decree 
 of the senate of the last necessity, — the r^ame given to the decree 
 which usually preceded the nomination of a dictator. 
 
 Senescallus, Z., Seneschal, /r. In old English law. A steward; a stew- 
 ard of a manor ; the steward of the king's household. 
 
 Sensns, 1. Sense; meaning; reason; understanding. Sensus verbornm: 
 the sense of the words ; — est anima legis: the sense of the words 
 is the soul of the law ; — ex causa dicendi accipiendus est; et ser- 
 mones semper accipiendi sunt secundnm subjectam materiam: 
 the sense of words is to be taken from the occasion of speaking 
 them, and discourses are always to be interpreted according to the 
 subject-matter. 
 
 Sentence. The judgment in a criminal casa 
 In the civil law. The judgment of a court pronounced after the hear- 
 ing of a causa 
 
 Sententia, I. Sense; meaning; sentence; decree. Sententia a non 
 judice lata nemini debet noccre: a sentence passed by one who is 
 not a'judge [has not jurisdiction] ought to harm no one. Sententia 
 facii jus, et legls interpretatio legis vim obtinet: judicial opiu 
 ion makes law, and the interpretation of law obtains the force of 
 law. Sententia interlocutoria revocari potest: an interlocutory 
 sentence or order of a judge may be revoked [but a judgment can- 
 not]. Sententia non fertur de rebus non liquidis: sentence is not 
 given upon matters that are not clear. 
 
 Sententialiter, I. I. In old English law. By sentence. 
 
 Sep, I. fr. Stock; a stock. Seps, ceps: the stocks. 
 
616 SEPARALE — SEQUESTRATION. 
 
 Separate, I. I. In old English law. Several; a several or separate 
 share or portion ; a separate property. 
 
 Separate. Distinct; set apart; severed; belonging to, enjoyed or en- 
 joyable by one person or class of persons. Separate estate: prop- 
 erty given or settled to the separate use of a married woman. Sep- 
 arate maintenance: the maintenance of a woman by her husband, 
 on an agreemenli to live separately ; an allowance made by a hus- 
 band therefor. 
 
 Separatim, I. In old English law. Severally. A word which made a 
 several covenant. 
 
 Sequatnr sub suo periculo, I. In old English law. Let him follow at 
 his peril; a writ which issued after a return of nihil, on a sum- 
 moneas ad warrantizandum, and after issue of an alias and pluries. 
 
 Sequela, I. I In old English law. Suit ; process or prosecution ; fol- 
 lowing or followers. Sequela causse: the process of a cause ; the, 
 process and depending issue of a cause or trial. Sequela curiae: 
 suit of court. 
 
 Sequester, 1. In the civil law. A person with whom contending par- 
 ties deposited the subject-matter of the controversy. 
 
 Sequester. In equity, to take possession of the property of a defendant, 
 and keep it to enforce a decree, or until the defendant clears himself 
 of a contempt; in international law, to seize the property of an in- 
 dividual, and appropriate it to public use, particularly in time of 
 war, debts due from subjects to the enemy. 
 In English ecclesiastical law. To gather the fruits of a void benefice, 
 and keep them for the use of the next incumbent ; tp take possession 
 of the ecclesiastical property of a defendant, and hold it until, out 
 of the rents, tithes and profits, the plaintiff's debt be satisfied. 
 In the civil law. To take a thing the subject of a controversy, out of 
 the possession of the contending parties, and deposit it in the hands 
 of a third person. 
 
 Seqnestrare, I. In the civil law. To sequester. Sequcstravit, et sub 
 sequestro arcto tenuit: (he) sequestered, and held under close seques- 
 tration. 
 In English ecclesiastical law. Sequestrari facias: cause you to be 
 sequestered; a process in the nature of a levari facias, commanding 
 the bishop to enter into the rectory and parish church, and seques- 
 ter and hold until, of the rents, etc., he has levied the "plaintiff's 
 debt 
 
 Sequestration. In international law, the seizure of the property of a 
 person, and appropriation of it to the use of the government. 
 In English law. The. taking of possession of a defendant's property, 
 by virtue of a judicial process, and holding it until some act is done, 
 or claim satisfied; the taking possession of the property of a de- 
 ceased person where there is no one to claim it. 
 
SEQUESTRATION — SERVICE. 617 
 
 In the civil law. The taking a thing in controversy out of the posses- 
 sion of the contending parties, and depositing it with a third person, 
 to be held for delivery to the prevailing party. 
 
 Sequi, I To follow. Sequi debet potentia justitiam, non praecedere: 
 power ought to follow justice, not go before it 
 In old English law. To sue ; to sue out, as process from a court ; to 
 prefer an action ; to prosecute or follow up a suit or cause. 
 
 Serement, serinent, I. fr. In old English law. An oath. 
 
 Serf, serfe, I fr. In old English law. A slave. 
 
 Seriant, I. fr. In old Scots law. Serjeant 
 
 Seriantia, serjanteria, serjantia, I. I. In old English law. Serjeanty. 
 
 Seriatim, I. I. In order ; one after another. 
 
 Seriaunt, I. fr. In old English law. Serjeant 
 
 Serjeant, serjant, serjent, I. fr. and eng. The title of several officers in 
 the common law, generally of the ministerial class. 
 In American law. An officer who attends upon the sessions of legis- 
 lative bodies, with duties similar to those of the corresponding Eng- 
 lish officer. 
 In English law. Serjeant at arms: an officer whose duty is to attend 
 the person of the king, to arrest traitors, to attend the Lord High 
 Steward sitting in judgment on a traitor, and the like, two of which 
 officers attend as executive officers upon the two houses of parlia- 
 ment, and another of which attends, with like duties, upon the court 
 of chancery. Serjeant at law: the highest degree of counsel in the 
 common law, corresponding with doctor in the civil law, — called, 
 also, anciently, Serjeant of the coif, and serjeant counter. Serjeant 
 of the mace, or serjeant at mace: an officer who attends the Lord 
 Mayor of London, and the chief magistrates of other corporate 
 towns. 
 
 Serjeanty. In English law. Service ; a special kind of feudal service 
 held only of the king. v. Grand serjeanty; Special serjeanty. 
 
 Serment, I fr. In old English law. Oath ; an oath. 
 
 Sermo, I Speech ; discourse. Serrao index animl: speech is the index 
 of thought or intent Serrao relatus ad personam intelligi debet 
 de conditione persona;: language, which is referred to a person, 
 ought to be understood of the condition of the person. 
 
 Serrated. In old English law. Marked or cut in notches, resembling 
 the teeth of a saw. 
 
 Servant. One who serves ; one who serves another, termed the master, 
 under a contract of hire. v. Fellow-servant; Vice-principal. 
 
 Serve. To deliver with judicial effect; to deliver so as to charge a 
 party, in law, with delivery. 
 In Scots law. To declare the fact of heirship judicially. 
 
 Servi, I. In old English law. Bondmen ; servile tenants. 
 
 Service. Judicial delivery or communication of papers; execution of 
 process ; communication of process to a party or witness, so as to 
 
618 SERVICE — SEE VITUS. 
 
 subject him to its operation ; delivery of a pleading, notice, or other 
 paper to the adverse party to a suit so as legally to charge him with 
 its effect 
 In Scots law. The inquisition or verdict of a jury, by which the char- 
 acter of an heir is judicially established. 
 In feudal and old English law. The duty which a tenant, in virtue 
 of his fee, owed to the lord. 
 
 Serviens, 1. 1 In old English law. A serjeant ; a counter or pleader ; a 
 sheriff's officer ; a bailiff ; any ministerial officer ; a vassal, or feudal 
 tenant; a servant Servians ad clavam: serjeant at mace. Ser- 
 Tiens ad legem: serjeant at law. Serviens domini regis: king's ser- 
 jeant ; a public officer, who sometimes acted as the sheriff's deputy, 
 and had also judicial powers. 
 
 Servient. Serving ; subject to a service or servitude. 
 
 Servitium, I. In feudal and old English law. The duty of a tenant to 
 his lord, by reason of his fee. Servitium brigandinum: v. Servi- 
 tium militare. Servitium forinsecnm: forinsic, foreign, or extra 
 service ; service due to the king, over and above the service due to the 
 lord. Servitium liauberticum: v, Servitium militare. Servitium 
 intrinsecum: intrinsic or ordinary service ; the ordinary service due 
 the chief lord from tenants within the fee. Servitium liberum: 
 free service. Servitium loricatnm: v. Servitium militare. Ser- 
 vitium militare: knight-service ; the service of a military tenant ; 
 military service. Servitium regale: royal service ; a royal prerog- 
 ative or privilege, granted to the lord of a manor. Servitium scuti: 
 service of the shield, v. Servitium militare. Servitium semjjer 
 seqiiitur homagium: service always follows homage. Servitium 
 sokse: service of the plough ; socage. Servitium solita et consueta: 
 the usual and customary services. 
 
 Servitors of bills. - In old English law. Servants or messengers of the 
 marshal of the King's Bench, employed to summon to court 
 
 Servitude. A charge on one estate for the benefit of another, — a spe- 
 cies of incorporeal right derived from the civil law, resembling the 
 easement of the common law. 
 
 Servitus, /. In the civil law. Slavery ; bondage ; the state of service. 
 A service or servitude ; a burden imposed on one person or estate 
 for the benefit of another. Servitus actus: the servitude or right 
 of walking, riding or driving over another's ground. Servitus al- 
 tius non tollendi: the servitude of not building higher, — a right 
 attached to a house, by which the owner can prevent his neighbor 
 from building higher. Servitus aquie dncendee: the servitude of 
 leading water ; the right of leading water to one's own premises, 
 through another's land. Servitus aquae eduoendse: the servitude 
 of leading off water ; the right of leading off the water from one's 
 own on to another's ground. Servitus aquie bauriendae:* the servi- 
 tude or right of drawing water from another's spring or well Servi- 
 
SERVITUS— SESSIONa 619 
 
 tns cloacae initteudsc: the servitude or right of having a sewer 
 through the house or grouad of oae's neighbor. Servitus fumi im- 
 mittendi: the servitude or right of leading off smoke or vapor 
 through tiie cliimney or over the ground of one's neighbor. Servi- 
 tus itineris: the servitude or privilege of walking, riding and being 
 carried over another's ground. Servitus luminum: the servitude 
 of lights ; the right of making or having windows or other open- 
 ings, for the purposes of light, in a wall belonging to another, or in a 
 common wall. Servitus ne luminibus otHciatun a servitude not 
 to hinder lights ; the right of having one's lights or windows unob- 
 structed or darkened by a neighbor's building. Servitus ne pros- 
 pectus offendatur: a servitude not to intercept one's prospect Servi- 
 tus oneris ferendi: the servitude of bearing weight ; the right to let 
 one's building rest on the building, wall or pillars of one's neighbor. 
 Servitus pasceudi: the servitude of pasturing ; the right of pasturing 
 one's cattle on another's ground ; otherwise called jus pascendi. Ser- 
 vitus prsedii rustici: the servitude of a rural or country estate; a rural 
 servitude. Servitus prsedii nrbani: the servitude of an urban or city 
 estate ; an urban servitude. Servitus prsBdioruin: a prsedial servi- 
 tude ; a service, burden or charge on one estate for the beneiit of an- 
 other. Servitus projiciendi: the servitude of projecting ; the right of 
 building a projection from one's house in the open space belonging to 
 one's neighbor. Servitus stillicidii: the servitude or right of drip ; 
 the right of having the water drip from the eaves of one's house on 
 the house or ground of one's neighbor. Servitus tigni immittendi: 
 the servitude of letting in a beam ; the right of inserting beams in a 
 neighbor's wall. Servitus via;: the servitude or right of way ; the 
 right of walking, riding and driving over another's land. 
 
 Servus, I. In the civil and old English law. A slave ; a bond-man ; a 
 servant. Servus facit ut herus det: the servant does [the work] in 
 consideration of his master's giving [him wages]. 
 
 Servy, I fr. Served. 
 
 Sess. In English law. A tax, rate or assessment 
 
 Sessio, I. In old English law. A sitting; a session. Sesaio parlia- 
 ment!: the sitting of parliament 
 
 Session. The sitting of a court ; the time during which a court is held. 
 In Scots law. Session, Court of: the supreme civil court of Scotland. 
 
 Sessions. A sitting of justices in court, most commonly for the trial of 
 criminal cases. The title of several courts, Enghsh and American. 
 In English law. Sessions of the peace: a sitting of the justices of 
 the peace for the execution of duties confided to them by their com- 
 mission, and by charter or statute. They are a petty or petit session, 
 which is a sitting of one or more justices for the summary trial of 
 minor offenses and for other purposes ; a special session, which is a 
 sitting of two or more justices for the transaction of some special 
 description of business, such as appointing overseers of the poor ; a 
 
620 SESSIONS— SEYSIRE. 
 
 general sessions of the peace, which is a court of record held before 
 two or more justices, whereof one is of the quorum, in execution of 
 the general authority given by the commission of the peace and 
 certain acts of parliament ; the general quarter sessions of the peace, 
 which is a court of record held in every county once in every quarter 
 of a year, before two or more justices of the peace, one of whom must 
 be of the quorum, for the trial of misdemeanors and lesser felonies. 
 
 Set. The several parts of a writing drawn in duplicate. Set of ex- 
 change: a bill of exchange drawn in several parts, any one of which 
 being paid the others are to be void. 
 
 Set aside. To annul, make void or vacate. Set out: to aver or allega 
 Set up: to assert, as a demand or a defense. 
 
 Set-off. A counter-claim or demand ; a demand set up against another 
 demand, for the purpose of reducing or extinguishing it ; the sub- 
 traction of the one demand from the other. A set-oflE may be al- 
 lowed where the demands are independent 
 
 Setter. In Scots law. The granter of a tack or lease. 
 
 Settle. To make a final disposition of a demand, by payment or other- 
 wise ; to adjust a difference between parties ; to determine the form 
 of, as an issue, or a bill of exceptions ; to take up residence, or to es- 
 tablish one's self in or upon, as in a town or upon land. 
 
 Settlement. A settled place of abode ; a right growing out of residence ; 
 a right to be considered a resident, chiefly for the purpose of relief 
 as a poor person ; a disposition of property by deed, usually through 
 a trustee, and for the benefit of a wife, children or other relations. 
 
 Senre, seuyr, I Jr. To sue ; to prosecute. 
 
 Sever. To separate or divide, as to separate in pleading. 
 
 Several. Separate ; distinct ; independent ; exclusive ; consisting of a 
 number. Several covenant: a covenant by two or more, sepa- 
 rately ; a covenant so made as to bind the parties severally, or indi- 
 vidually. Several fishery: a right to fish in a private water, either 
 exclusively, or in conjunction with the owner of the soil. 
 In old English law. A separate share or portion. 
 
 Severalty. A state of separation ; as applied to an estate, one that is 
 held by a person in his own right only, without any other person 
 being joined or connected with him, in point of interest, during his 
 estate therein. 
 
 Severance. Separation, ov division, as in pleading, or among coparcen- 
 ers or joint tenanta 
 
 Sextus decretalium, I. The sixth of the decretals, — one of the subdi- 
 visions of the canon law. 
 
 Seysina, I I In old English law. Seisin; possession of lands; or a 
 freehold estate in lands. 
 
 Seystre, I. I. In old English law. To take ; to take possession ; to seisa 
 Seysire in manum suum: to seise or take into his hand. Seysitus: 
 seised ; possessed of. 
 
SHACK — SHIPPING. 621 
 
 Shack. In English law. The straying of cattle into uninclosed land ; 
 an intercommoning of cattle. 
 
 Shall, May be construed in the permissive as well as the imperative 
 sense. 
 
 Sham. Good in appearance but false in fact, as a sham plea or answer. 
 
 Share. A part or portion. Share and share alike: in equal shares or 
 proportions. 
 
 Shelley's case, rule in. A rule in English law which precludes the 
 limitation of an estate to a man for life, with remainder to his chil- 
 dren, or heirs in fee or tail, the words of limitation over being re- 
 garded as words of limitation and not of purchase, and as passing the 
 fee to the first taker. The rule was propounded in Shelley's case, 
 reported by Coke. 
 
 Sheriff. The chief civil oflBcer of a county, specially entrusted with the 
 execution of the laws and the preservation of the peace, — charged 
 with some judicial as well as ministerial powers, and with the duty 
 of executing the process of the superior courts, the making of ar- 
 rests, etc. Sheriff's jury: a jury summoned for the purpose of an 
 inquisition before a sheriff upon a writ of inquiry. Sheriff's sale: 
 a sale by a sheriff or his deputy in execution of the mandate of legal 
 process. 
 In Scots law. Sheriff clerk: the clerk of the sheriff's court Sheriff 
 depute: the principal sheriff of a county, who is also a judge. 
 
 Sheriffalty. The term of a sheriff's ofi5ce. 
 
 Sheriffwick. The jurisdiction of a sheriff ; the office of a sheriff. 
 
 Shiftiug use. A use which is made to change from one person to an- 
 other, by matter of after-occurrence. 
 
 Ship. In its general sense, a generic term, including all vessels ; in a 
 stricter sense, a vessel with three complete masts, viz., lower, top, 
 and top-gallant masts. Ship's husband: a person appointed by the 
 ' several part-owners of a ship to manage the concerns of the ship for 
 the common benefit. Ship's papers: papers with which a vessel is 
 required by law to be provided, — including, in case of a neutral 
 ship, the register, the passport or feea-letter, the muster roll, the 
 charter-party, the bills of lading, the invoice, the log-book, and the 
 bill of health. 
 
 Ship. To put on board a ship ; to send by ship ; by an extension of the 
 term, to send by other general means of transportation, as by steam- 
 boat, canal boat, or railway ; to engage to serve on board a vessel as 
 a seaman, for a certain voyage or for a specified term. 
 
 Ship-breaking. In Scots law. The offense of breaking into a ship. 
 
 Shipper. The charterer or freighter of a vessel ; the person who ships 
 goods. 
 
 Shipping articles. An agreement in writing between the master of a 
 vessel and the seamen engaged to serve on board, specifying the 
 voyage for which they are shipped, the wages, and time when they 
 are to come aboard. 
 
622 SHIPWRECK — SI. 
 
 Shipwreck. Tlie breaking of a ship so that she no longer exists in her 
 original nature. 
 
 Shira, schirn, t Z. In old English law. Shire ; a shirs ; the shire. 
 
 Sliire. A county. 
 
 Shire-mote. In Saxon law. The county court Shire-reere, shireve: 
 the reeve or bailiflf of the shire,— the viscount of Anglo-Norman, 
 and the sheriff of later times. 
 
 Shore. Land on the margin of the sea, or a lake, or river ; the land 
 alternately covered and bared by the rising and falling of the tide ; 
 the space betwreen high and low-water marks. 
 
 Si, ey, I fr. In old English law. So : if. Si come la court agardre: 
 as the court shall award, v. Agard, Si corame: so as. Si Bieu 
 moy eyde et les seintz; so help me God and the saints. Si lour 
 eyde Diea et ses seyntz: so help them God and his saints. Si Iny 
 eyde Diea et les saintz: so help him God and the saints. 
 
 Si, I If. Si a jnre discedas, vagns eris, et erunt omnia omnibus in- 
 certa: if you depart from the law you will go astray, and all things 
 will be uncertain to every body. Si aliquid ex solemnibus deflciat, 
 cum aiqnitas poscit, subreniendum est: if any one of certain re- 
 quired forms be wanting, when equity requires, it will be aided. Si 
 antiqnitatcm spectes, est vetustissima; si dignitatem, est honor- 
 atissima; si jnrisdictionem, est capacissima: if you look at its 
 antiquity, it is the oldest ; if at its dignity, it is the most honorable ; 
 if at its jurisdiction, it is the most comprehensive. Spoken of the 
 high court of parliament Si assuetis mederi possis, nova non sunt 
 tentanda: if you can be relieved by accustomed remedies, new ones 
 should not be tried. Si in sere non habeat, in pelle luat: if a man 
 has not [the means of satisfaction] in money, he must pay in his 
 skin ; if a man cannot pay his fine he must go to prison. Si nulla 
 sit eonjectura quse ducat alio, verba intelligenda sunt ex pro- 
 prieta non grammatica quee est ex origine, sed popnlari ex usu: 
 if there be no conjecture which leads to a different result [if there 
 be no reasonable ground for a different interpretation]? words are to 
 be understood, not according to their strict grammatical and etymo- 
 logical meaning, but in the popular and oi-diaary sense. Si quis 
 sine liberis decesserit: if any one shall have died without issue. 
 In English law. Si non omnes: if all cannot ; a writ of association 
 of justices whereby, if all in commission cannot meet at the day 
 assigned, two or more may proceed with the business. Si fecerit te 
 gecurum: if [he] make you secure; the initial words of that kind of 
 original writ which directs the sheriff to cause the defendant to ap- 
 pear, without option, provided tlie plaintiff gives security effectually 
 to prosecut?. 
 In old English law. Si contingats if it happen ; word,s of condition 
 in old conveyances. Si ita est: if it be so, — emphatic words in the 
 old writ of mandamus to a judge, commanding him, to affix his seal 
 to a bill of exceptiona Si prins: if before, — formal words in the 
 
SI-8IGILLARE. 623 
 
 old writs for summoning juries. Si recognosoat: if he acknowl- 
 edge; a writ which lay for a creditor against his debtor for a spe- 
 cific sum acknowledged in county court as due. 
 In the civil law. Si non appareat quid actum est. in conti'actibus 
 veninnt ea quse sunt inoris ejt consnetudinis in regione in qua 
 actum est: if it be not clear [if the instrument do not clearly show] 
 what has been done, the custom and usage of the place in which 
 the transaction took place may be applied in explanation of the 
 contract. Si quid universitati debetnr singulis non debetur, nee 
 quod debet universitas singuli debent: if any thing is due to a 
 corporation, it is not due to the individual members of it, nor do the 
 members individually owe what the corporation owes. Si quis in 
 nomine, cognomine, praiuomine legatarii erraverit, si de persona 
 constat, nihilominns valet legatum: if onp should have made a 
 mistake in the nomen, cognomen or prsenomen of a legatee, if it be 
 clear as to the person intended, the legacy is nevertheless valid. 
 In the Roman law. Si paret: if it appears, — words used in the 
 formula by which the prcetor appointed a judge and instructed him 
 how to decide the c;.use. 
 
 Sic, I. Thus ; so. Sic hie: so here. Sic interpretandum est nt verba 
 accipiantnr cum effectu: [a statute] is to be so interpreted that the 
 words may be taken with efifect [that its words may have effect]. 
 Sic utere tuo nt alienum non la^das: so use your own [right or 
 property] as not to injure another's. Sic Tolo, sic jubeo, stet pro 
 ratione voluntas: so I will, so I order, stand my will for the reason. 
 In Scots law. Sic subscribitnr: so it is subscribed, — formal words 
 
 at the end of depositions, immediately preceding the signature. 
 In the Roman law. Sic enim debere quern meliorem agrum snum 
 facere, ne vicini deteriorem faciat: every one ought so to improve 
 his land as not to injure his neighbor's. 
 
 Sicarius, I. In the civil law. An assassin ; one who carried a dagger 
 or other weapon, with intent to kill. 
 
 Siclierborgli, sc. In old Scots law. A sure pledge. 
 
 Sicome, I. fr.' So ; as. Sicome son several: as his several. Slcome 
 moy ayde Dieu: so help me God. 
 
 Sieut, /. As. Sicnt alias: as before, or on another occasion. Sicut 
 me Dens adjuvet: so help me God. Sicut natnra non facit sal- 
 turn, ita nee lex: as nature does nothing by a bound or leap [in a 
 hurried or irregular manner], so neither does law. Sicut pluries: 
 as oftentimes. 
 
 Sidesmen, or questmen. In English ecclesiastical law. Persons yearly 
 chosen, according to the custom in every parish, to assist in present- 
 ing such offenders to the ordinary as are punishable Ia the court 
 christian. 
 
 Slet, I. fr. Knows. 
 
 Sigillare, I. In the civil and old English law. To seal ; to aflSx a seal. 
 Sigillatnm: sealed. 
 
624 SIGILLUM — SIMPLEX 
 
 Sigillnni, I. In English law. A seal. Sigillnm adnlterinnm: a spu- 
 rious or counterfeit seal. Sigillum est cera impressa: a seal is 
 wax impressed 
 
 Sign. To affix the name to an instraraent or writing, — not necessarily, 
 though usually, at the foot or bottom. 
 
 Signare, t In the dvil law. To seal ; to afiSx a seal ; to confirm by a 
 seal. 
 
 Signature, The writing or subscribing of one's name on an instrument 
 by which it is made the act Of the party subscribing ; the name so 
 subscribed. 
 
 Signet. In English law. One of the queen's seals used in sealing pri- 
 vate letters and grants under thp sign manual. 
 
 SigniflcaTit. In English laio. That clause in the writ de contumace 
 capiendo which states that a competent person has signified to the 
 king that the person against whom the writ is issued is manifestly 
 contumacious ; the writ itself. 
 
 Signum, I. In old English law. A seal. 
 In the civil law. A. sign ; a mark ; a seal ; a species of proof. 
 In Saxon law. A cross prefixed to the name of a subscribing witness, 
 as a sign of assent and approbation to a charter or other deed. 
 
 Silent leges inter arma, I. The power of law is suspended during war. 
 
 Similiter, I Likewise ; the like. The short formula used either at the 
 end of pleadings, or by itself, expressive of the acceptance of an is- 
 sue of fact ; a joinder in issue. 
 
 Similitudo, I In old English law. Similitude; likeness; similarity. 
 Similitudo legalls est, casnam dlversoruin inter se collatornm 
 similis ratio; quod in nno similium ralet, valebit in altero: legal 
 similarity is [consists in] the like reason of diflferent cases when com- 
 pared together ; that which has force in one of the like cases shall 
 have force in the other. 
 
 Simony. In English ecclesiastical law. The presentation of any one to 
 an ecclesiastical benefice, for money or reward. 
 
 Simpla, I. In the civil law. The single value of a thing. 
 
 Simple. Pure ; unmixed ; unqualified ; composed of the fewest elements. 
 
 Simple contract: a contract not under seal. Simple larceny: mere 
 
 larceny, as distinguished from larceny from the person or dwelling. 
 
 In Scots law. Simple warrandice: an obligation to warrant or secure 
 
 from all subsequent or future deeds of the grantor. 
 In the civil law. Simple obligation: an obligation which does not 
 depend for its execution on any event provided for by the parties, or 
 which is not agreed to become void on the happening of any such 
 event. 
 
 Simplex, I. Simple ; unqualified ; single. Simplex commendatio: mere 
 commendation or praise; — non obligat: mere commendation 
 does not bind. Simplex et pura [donatio] dici poterit, ubi nulla 
 est adjecta conditio, nee modus: a gift may be said to be simple 
 and pure where there is no condition or qualification annexed to it 
 
SIMPLEX -SITTINGS. q^o 
 
 Simplex obligatio: a single obligation; a bond without a condi- 
 tion. 
 
 In old English law. Simplex dictum: simple averment; mere as- 
 sertion without proof. Simplex justitiaii us: simple justice. Sim- 
 plex loquela: simple speech ; the mere declaration or plaint of a 
 plaintiflf. Simplex peregrinatio: simple pilgrimage. 
 
 Simplicitas est legibus amica, et nimia subtilitas injure reproba- 
 tur, I Simplicity is a favorite of the laws, and too great subtlety in 
 law is reprobated. 
 
 Simpliciter, I. Simply; by or in itself; by its own force; without ad- 
 dition. 
 Simnl, I Together. Simul cum: together with,— words used in plead- 
 ings or indictments against one who has done an act with others 
 unknown. Simul et semel: together and at one time. 
 
 Simulated. Fictitious; feigned. 
 
 Simulation. In the civil law. Misrepresentation or concealment of the 
 truth. 
 
 Sine, I Without Sine aninio revertendi: without the intention of 
 returning. Sine consideratione curiae: without the judgment of 
 the court Sine cnra: without cure or charge ; without any duty 
 attached. Sine decreto: without authority of a judge. Sine die: 
 without day ; without appointment of a day to appear again. Sine 
 dilatione: without delay. Sine prole: without issua 
 In oldEnglish law. Sine asseusu capitnii: without the consent of the 
 chapter ; a writ which lay for recovery of lands aliened by the head 
 of an ecclesiastical corporation without consent of the chapter. Sine • 
 iioc quod: without this that, — a technical phrase in old pleading. 
 Sine judicio: without judgment ; without a judicial sentence. Sine 
 nnmeru: without stint or limit 
 In the civil law. Sine liberis: without children. 
 
 Single bill. A written engagement under seal, for the payment of 
 money without a penalty. Single bond: a bond without a condi- 
 tion. 
 
 Singular successor. In Scots law. A purchaser, in contradistinction, 
 to the heir of a landed proprietor. 
 
 Singulariter, I Singly; in the singular. 
 
 Singnli in solidnm, I. Each for the whola 
 
 Sist. In Scots law. A stay or suspension of proceedings ; an order for- 
 a stay of proceedinga 
 
 Sist. In Scots law. To stay proceedings. 
 
 Slstere, L In the civil law. To produce a party in court 
 
 Sit To occupy a seat ; to be permanently fixed ; to be prepared for de- 
 liberate action. 
 
 Sittings. The holding of a court, with full form, and before all the 
 judges ; the holding of a court of nisi prius by one or more of the 
 judges of a superior court 
 40 
 
626 SITUS — SOCMAN. 
 
 Sitns, I. Position ; situation ; location ; site. 
 
 Siwer, I fr. In old English laio. To sue. Siwist: sued. 
 
 Siwite, siwyte, I. fr. In old English law. Suit. 
 
 Six clerks. In English law. OflScers on the equity side of the court 
 of chancery who received and filed all bills, answers, replications, 
 and other papers, etc. 
 
 Slander. Defamation by words spoken. Slander of title: defamation 
 of one's property, real or personal, or of one's interest therein. 
 
 Slave. A person who is wholly subject to another ; one who is bound 
 to sei've for life ; a bondman. 
 
 Slavery. The state or condition of a slave; the institution in virtue of 
 which a person is held in that condition. 
 
 Slight care. The care which men of common sense apply to their own 
 affairs, though inattentive to them. 
 
 Smart-money. Vindictive or exemplary damages. 
 
 Smoke-farthings. In old English law. An annual rent paid to cathe- 
 dral churches. 
 
 Smoke-silver. In English law. A sum paid to the ministers of various 
 parishes as a modus in lieu of tithe-wood. 
 
 So help me God. The formula with which an oath concludes when the 
 words of it are repeated by the person swearing. So help yon ttod: 
 the formula with which the administration of an oath always con- 
 cludes. 
 
 Soca, socha, L I. Soc, or sock ; a seigniory with liberty of holding a 
 court of his tenants ; a liberty or privilege ; a manor or lordship. 
 
 Soc, sock, sok, soke, sok In Saxon and old English law. A lord's 
 privilege of having suit of court from his tenants, or the right of 
 compelling the attendance of his tenants at his court ; the lord's 
 right to constitute a court, as sac is his right to try causes in it 
 V. Sac. 
 
 Socage, soccage, Socagium, soccagium, sockagium, sokaginm, I I 
 In English law. A tenure by any certain and determinate service 
 not military. Free socage, the most honorable of this kind of tenure, 
 and the tenure by which land in England is now mainly held, is 
 tenure by free services, not military, as rents, — farm produce or 
 money. Villein socage is tenure by services certain but base. 
 
 Societas, I. In old English laic. Complicity in crime. 
 In the civil law. Partnership ; a partnership ; the contract of partner- 
 ship. 
 
 Society. In old English law. Partnership. 
 
 Socius, I In old English law. An associate ; a fellow ; a companion in 
 crime ; an accomplice ; an associate judge or justice. 
 In the civil law. A partner. Socli mei socins mens socins non est: 
 the partner of my partner is not my partner. 
 
 Socman, sokman, sokeman, saoc, Socmaiiuus, sokmannus, sokemannns, 
 I.L In old English law. A tenant by socage ; any tenant other than 
 a tenant in knight service. 
 
SOCNA — SOUDATA. 627 
 
 Socna, ?. Z. In old English law. A privilege ; a liberty or franchisa 
 
 Soeflfre, I fr. To sufiEer ; to permit ; to forbear. 
 
 Soen, sien, syen, I fr. Own ; one's own ; his own. 
 
 Soil, Soile, soyle, soylle, I fr. In old English law. Land; ground; 
 earth. 
 
 Soit, soiet, /. /r. In old English law. Be; be it; ktitbe. Soieiit, soint: 
 are ; they are ; let them be ; they should b& Soit balle: let it be 
 delivered; — anx commons: let it be delivered to the commons; 
 — anx seigneurs: let it be delivered to the lords. Soit droit fait 
 al partie: let right be done to the party. 
 
 Sot, soke, sax., Soka, 11 In old English law. The lord's right of hav- 
 ing suit of tenants. 
 
 Sokemannes, /. fr. In old English law. Socmen. 
 
 Sokereye. In old English law. An ofiScer who collected rents of ten- 
 ants. 
 
 Solar day. The period of time which begins at sunrise and ends at sun- 
 set Solar mouth: a calendar month. 
 
 Solarium, I. In the civil law. A rent paid for the ground, where a 
 person built on the public land. 
 
 Solatium, I. Consolation ; compensation ; sentimental damages. 
 
 Sold note. A note or memorandum of sale, given by the broker who 
 effects it to the seller, v. Bought note, 
 
 Sole. Single; alone; composed of a single person, v. Corporation 
 sole; Feme sole. 
 
 Solemn. Formal ; in regular form. Solemn war: a war made in form ; 
 a war solemnly declared by one state against another. 
 
 Solemnes legnm formnlie, I In the civil law. Solemn forms of laws ; 
 forms of forensic proceedings and of transacting legal acts. - 
 
 Solemnitas, I. In old English law. A solemnity ; a solemn form ; a 
 formal observance. Solemnitas attachiamentorum: solemnity or 
 formality of attachments. Solemnitas iutervenire debet in mn- 
 tatione liberi tenementi, ne contingat donatiouera deflcere pro 
 defectn probationis: solemnity ought to be observed on the change 
 of [ownership of] ^jeehold, lest it happen that the gift fail for 
 want of proof. .^W' 
 
 Solempne, I. fr. I^old English law. Solemn. Solempne crie: solemn 
 proclamatio 
 
 Solempnite, I. fr. In old English law. Solemnity ; formality. Solemp- 
 nite de attachementz: solemnity or formality of attachments. 
 Solempnite des esposailles: solemnization of marriage. 
 
 Solicitor. A person admitted to practice in courts of chancery, corre- 
 sponding with attorney at common law. 
 In English law. Solicitor-general: a law officer of the crown ap- 
 pointed by patent, and having the care of the sovereign's affairs,— 
 next lower in rank to the attorney-general. 
 
 Solidata, I. I In old English law. A shilling rent 
 
628 SOLIDUM — SORNER. 
 
 Solidum, Z. In the civil law. An entire or undivided thing; the whole. 
 
 Solinum, L I. In old English law. Two plough-lands, and somewhat 
 less than a half. 
 
 Solo cedit quod solo implantatnr, I. In the civil law. That which is 
 planted in the soil belongs to the soil. Solo cedit quod solo inse- 
 diflcatur: that which is built upon the soil belongs to the soil 
 V. Omne quod, etc. 
 
 Solonqne, solonc, soloinc, I. fr. In old English law. After ; accord- 
 ing to. 
 
 Solum, I. In the civil law. The soil ; ground. 
 
 Solntio, 2. In the civil law. Payment; the satisfaction or discharge of 
 an obligation in any mode. Solutio indebiti: payment of what is 
 not due; payment by mistake, of money not due; a contract by 
 which the person so paid was bound to make restitution to the per- 
 son paying. Solutio pretii emptionis loco habetur: the payment 
 of the price [of a thing] is held to be in place of a purchase [operates 
 as a purchase]. 
 
 Solntus, I In Scots law. Purged. 
 In the civil law. Loosed ; set at liberty. 
 
 Solrency. Ability to pay ; present ability to pay ; ability to pay one's 
 debts out of one's present means. 
 
 Solyeudo, I Paying, — the apt word in old conveyances for reserving a 
 rent 
 In the civil law. Solvent ; able to pay ; able to pay in full. Solrendo 
 esse nemo intelligitur nisi qui sclidum potest solvere: no one 
 is understood [or considered] to be solvent, but him who can pay the 
 whole. 
 
 Solvendum in futuro, L To be paid at a future time. 
 
 Solvendus, I. In old English law. To be paid. 
 
 Solvent. Able to pay ; able to pay out of present means ; able to pay 
 one's debts in full out of one's present means. 
 
 Solvere, I. In the civil law. To pay ; to do what one has undertaken 
 to do ; to loosen or disengage ; to release one's self from obligation, 
 as by payment of a debt 
 
 Solvit, I. He paid ; paid. Solvit ad diem: he paid at the day, — the 
 name of a plea, in an action on a bond. Solvit post diem: he paid 
 after the day, — the name of a plea in an action on a bond. 
 
 Somouns, I. fr. Summons ; a summons. 
 
 Son, I. fr. His. Son assault demesne: his own assault, — the name of 
 a plea in an action of trespass for an assault, that it was the plaint- 
 iflE's own assault that occasioned the injury, or that the assault was 
 made by the defendant in self-defensa 
 
 Sonticus, I. In the civil law. That which hurts, or hinders ; that which 
 tends to delay or put off ; that which authorizes or excuses delay. 
 
 Sorner. In Scots law. A person who takes meat and drink from others 
 by force or menaces, without paying for it 
 
SORS — SPECIAL. 629 
 
 Sors, I In the civil law. A lot; chance, hazard, fortune; the capital 
 stock of a partnership ; a principal sum as distinguished from in- 
 terest; a thing recovered in an action. 
 
 Sortitio, L In the civil law. A casting or drawing of lots. Sortitift 
 judicnm: a drawing of judges on criminal trials. 
 
 Soub, soubs, I. Jr. Under. 
 
 Sonl-scot In Saxon law. A mortuary offering ; a corse-present. 
 
 Sonnd. To have an essential quality, — as, applied to an action, to sound 
 in damages. 
 
 Sonnd. As applied to things inanimate, whole, free from decay ; as ap- 
 plied to an animal, free from such defects, whether natural or caused 
 by disease, as would render the animal unfit for, or incapable of 
 performing, the ordinary functions, or the services ordinarily re- 
 quired of such an animaL 
 
 Sons seing prive, fr. Under his private signature, — a writing privately 
 signed, not authenticated before a public officer. 
 
 Sontli, I. fr. In old English law. Under. Sonth boys: underwood. 
 South dean: sub dean. South riscount: under sheriff. 
 
 Sonttascripts, L fr. In old English law. Underwritten. 
 
 SOTOreign. Of supreme power, civil, military and political ; the person 
 or body of persons in whom such power resides. 
 
 Sowne. In old English law. To be leviable, — a term applied to sheriffs' 
 returns. 
 
 Soy, soi, I. fr. His; himself. Soy detendaunt: defending himself ; in 
 self-defense. 
 
 Soyt, soyte, sc. In old Scots law. Suit ; suit to court. Soytor: suitor. 
 
 Sparsim, L Scattered ; here and thera 
 
 Speak to. To argue. 
 
 Speaking demurrer. A demurrer in equity which alleges new matter. 
 
 Special. Relating to a species, to a single sort or kind. Special agent: 
 an agent appointed or constituted for a special purpose. Special 
 bail: bail to the action, given as a security to abide the event Spe- 
 cial case: v. Case. Special contract: a contract in writing under 
 seal. Special damages: damages which do not necessarily result 
 from the injury complained of. Special demurrer: a demurrer 
 based on some defect of form, which is specially set forth. Special 
 injunction: an injunction by which parties are restrained from com- 
 mitting waste, damage or injury to property. Special issue: an 
 issue upon a special plea. Special jury: a jury ordered on the mo- 
 tion of either party, in cases of unusual importance or intricacy. 
 Special occupant: a person having a special right to enter on and 
 occupy lands granted pur auter vie, on the death of the tenant, and 
 during the life of cestui que vie. Special plea: a special kind of 
 plea in bar, consisting usually of some new affirmative matter. Spe- 
 cial pleading: the popular denomination of the science of pleading. 
 Special partner: a partner with a limited or restricted responsibil- 
 
630 SPECIAL — SPIRITUOUS. 
 
 ity ; a limited partner. Special partnership: a partnership limited 
 to a particular business, or a particular subject. Special property: 
 a property of a qualified or temporary kind. Special rule: a rule 
 granted on the motion of counsel in court. Special traverse: a 
 traverse or denial, the design of which, as distinguished from a com- 
 mon traverse, is to explain or qualify the denial, instead of putting 
 it in the direct and absolute form. Special yerdict: a special find- 
 ing of facts, leaving to the court the application of the law to the 
 facts found. 
 In English law. Special bastard: a bastard born before marriage of 
 parents who afterwards intermarry. Special pleader: a person 
 whose occupation is to give opinions on statements made verbally of 
 in writing, and to draw pleadings and such practical proceedings as 
 may be out of the usual course. Special sessions: an extra session 
 of the justices of the peace, held, usually under act of parliament, 
 for special purposes. 
 In Scots law. Special service: that form of service by which the heir 
 is served to the ancestor who was feudally vested in the lands. 
 
 Specialty. An instrument in writing under seal. Specialty debt: a 
 debt due, or acknowledged to be due, by an instrument under seal. 
 
 Species, L In tJie civil law. Form ; figure ; fashion or shape ; a thing 
 made, or shaped out of any substance. 
 
 Species, I. A particular kind or class. Included in genus. 
 In Scots law. Species facti: the particular criminal act with which 
 a person is charged. 
 
 Speciflc. Characterizing a species or particular kind ; having certain 
 form or designation ; particular ; precise. Speciflc legacy: a gift, 
 by will, of a specified thing ; a legacy of a quantity of chattels 
 described collectively; m a strict sense, a legacy of a particular 
 chattel. Speciflc performance: performance of a contract in the 
 precise form, or according to the precise terms agreed on, — fre- 
 quently compelled in equity. 
 
 Speciflcatio, I. In the civil law. A making of form ; a giving of form 
 to materials ; the mode of acquiring property by transforming a 
 thing belonging to another. 
 
 Speciflcation. A particular description ; in the patent law, a written 
 description of an invention or discovery, and of the process of mak- 
 ing and using ; in architecture, a statement of the mode of construc- 
 tion and of all material, with a particular description of each piece 
 and of the mode of joining. 
 
 Speciosus, I. In the civil law. Distinguished. 
 
 Spes, I. Hope. Spes accrescendi: hope of surviving. Spes recnper- 
 andi: hope of recovering (a prize or captured vessel). 
 
 Spiritual courts. In English law. The ecclesiastical courts, or courts 
 christian. 
 
 Spirituons liquor. Distilled liquor. 
 
SPOLI ATIO - SPUILZIE. 631 
 
 Spoliatlo, I In old English law. Forcible deprivation of possession ; 
 disseisin. 
 
 Spoliation. Destruction of a thing by the act of a stranger ; the muti- 
 lation of a writing by a stranger. 
 In English ecclesiastical law. An injury done by one clerk or in- 
 cumbent to another, in taking the fruits of his benefice without 
 right 
 
 Spoliator, I. In old English law. A despoiler ; a disseisor ; a destroyer 
 (of a deed). 
 
 Spoliatus debet ante omnia restitul, I A party despoiled [forcibly de- 
 prived of possession] ought first of all to be restored. 
 
 Spoliiim, I In the civil and common law. A thing violently or unlaw- 
 fully taken from another. 
 
 Spondere, I In the civil law. To undertake ; to stipulate or stipulate 
 for. 
 
 Spondet peritiam artis, I. He promises the skill of his art ; he engages 
 to do the work in a skilful or workmanlike manner. 
 
 Spondes! Spondeo, I. I.i the Roman law. Do you undertake? I un- 
 dertake. The common form of vei'bal stipulation. 
 
 Sponsalia, I. Spousals ; actual marriaga 
 In the civil and canon law. Spousals, or espousals; betrothment; affi- 
 ance ; a mutual contract of future marriage. Sponsalia de f utaro: 
 a mutual promise of marriage to be had afterwards. Sponsalia de 
 praisenti: a mutual promise of present matrimony. Sponsalia 
 sunt mentio et repromissio nnptiarum futararum: spousals are 
 the mention and promise of future nuptials. 
 
 Sponsio, I. In the civil law. An engagement or undertaking, particu- 
 larly such as was in form an answer to a formal interrogatory ; an 
 engagement to pay a certain sum to the successful party in a causa 
 In Scots law. Spousi^o Indicra: a trifling engagement, — upon which 
 a court will not sustain an action. 
 
 Sponsions. Engagements made on behalf of states by agents not spe- 
 cially authorized, or exceeding the limits of the authority under 
 which they purport to be made. 
 
 Sportnla, I. In the Roman law. A largess, or present; a pecuniary 
 donation ; an official perquisite ; something over and above the or- 
 dinary fee allowed by law. 
 
 Sponsals. In old English law. Mutual promises to marry. 
 
 Spouse-breach. In old English law. Adultery. 
 
 Spring-brancli. In American law. A branch of a stream, flowing 
 from a spring. 
 
 Springing use. A use limited to arise on a future event, without a pre- 
 ceding estate, and not to take effect in derogation of any preceding 
 interest. 
 
 Spnilzie, spulzie. In Scots law. The unlawful taking and carrying 
 away of goods. 
 
632 SPURIUS— STAE. 
 
 Spurius, I In the civil laio. A bastard ; the oflfspring of promiscuous 
 cohabitation ; one born of an unlawful intercourse. 
 
 Squatter. In American law. One who settles on another^s land ; one 
 who settles on public land without title or authority. 
 
 SS. Letters in the statement of the venue in a record, pleading or affi- 
 davit, — supposed to be a contraction of scilicet, or a mark indicat- 
 ing a new paragraph. 
 
 Stabit prsesumptio douec probetur in contrariuui, I. A presumption 
 shall stand until proof be made to the contrary. 
 
 Stabitar prsesamptioni donee probetur in contrariuin, I. A pre- 
 sumption will be stood by, or upheld until proof be made to the con- 
 trary. 
 
 Stable-stand. In old English law. Standing ready with bow bent or 
 with hounds in leash ready to let slip, — one of the four evidences of 
 intent to kill deer in a forest 
 
 Stabularius, I. In the civil law. A stable-keeper. 
 
 Stallage. In English law. The liberty of erecting stalls in fairs or 
 markets ; a duty paid for the liberty. 
 
 Stakeholder. A depositary of money deposited by parties, with a naked 
 authority to deliver to one of them upon a certain contingency. 
 
 Stand. To abide ; to submit to ; to have force or strength ; to remain, 
 to remain in force ; to appear in coui't. Stand aside: applied to a 
 juror, means that he is not to be presently accepted but to wait un- 
 til the panel is gone through, to see if there may not be a full jury 
 without him. Stand committed: to be committed. Stand mute: 
 upon arraignment for treason or felony, to make no answer, to an- 
 swer foreign to the purpose, or, having pleaded not guilty, to refuse 
 to put one's self on the country. 
 
 Stannary courts. In English law. Courts held for the stannaries, or 
 tin mines in Devonshire and Cornwall, for the administration of 
 justice among the tinners. 
 
 Staple. In English law. An established mart or market; a place 
 where the buying and selling of wool, lead, leather and other arti- 
 cles were put under certain terms; the hereditary customs of the 
 crown, consisting of customs on skins, wool and leather exported. 
 
 Star. In old English law. A deed or contract All deeds, obligations, 
 etc., of the Jews in England were anciently so called. The word is 
 a contraction of the Hebrew shetar (which was pronounced shtar or 
 shtor), meaning contract Star chamber: the chamber in which 
 the chests containing stars were kept; an ancient court, which con- 
 sisted of variotfs lords spiritual and temporal, who were privy coun- 
 cillors, with two common-law judges, and which had jurisdiction, 
 without a jury, of matters of riot, pei'jury and various high misde- 
 meanors. It was abolished on account of great abuses, by the stat- 
 ute 16 Car. L, c. 10. 
 
STARE — STATUTUM. G33 
 
 Stare, I In old English law. To stand ; to be valid ; to meet ; to abide ; 
 to appear in court ; to accept an office. Stare decisis: to stand by- 
 decided cases ; to uphold precedents ; — , et lion qiiieta inovere: to 
 stand by precedents, and not to disturb settled points. Stare recu- 
 sare: to refuse to stand. 
 
 State. To set down or set forth ; to relate at length, or in full ; to ex- 
 press in words the particulars of a matter ; to mention in general 
 terms, or by way of reference State a case: to agree upon the 
 facts of a case and to submit the case for decision. State an ac- 
 count: to exhibit the items of which an account is composed. 
 
 State. A political body, or body politic ; the body of a people united under 
 a government ; condition, v. Status. 
 In old English law. Estate ; an estate. 
 
 Stated. Settled ; closed ; established in order, — as a stated account, a 
 stated term of court. 
 
 Statim, I. In old English lav). Immediately. 
 
 Statiiliber, I. In the Roman law. One who is made free by will under 
 a condition. 
 
 Statas, I. In old English law. Estate. 
 
 In the civil law. Standing ; condition ; state ; the condition of a per- 
 son, as being either free or slave. 
 
 Statute. In old Scots law. To establish. 
 
 Statute. An act of legislature declaring, commanding or prohibiting 
 something. Statute of frauds: v. Frauds, statute of. Statute of 
 limitations: a statute by which rights of action are limited to cer- 
 tain prescribed periods of time. 
 In English law. Statute roll: a roll on which an act, after receiving 
 
 the royal assent, was formally entered. 
 In old English law. A bill or law which, after receiving the royal 
 assent on the parliament roll, was entered on the statute roll, by 
 which it became complete. 
 In the civil law. Any municipal law or usage, though based on 
 judicial decisions, or the practice of nations ; the whole municipal 
 law of a state. 
 
 Statute-merchant. In English law. A security for a debt, entered into 
 before the chief magistrate of some trading town, by which the body 
 of the debtor might be imprisoned, and his goods seized in satisfac- 
 tion of the debt, and his lands might be delivered to the creditor till 
 out of the rents and profits the debt might be satisfied. Statute- 
 staple: a like security entered into before the mayor of the staple. 
 
 Statntum, /. In old English law. A statute; an act of parliament 
 Statutnm affirmatiTum non derogat commnui legi: an affirma- 
 tive statute does not derogate from the common law. Statutnm 
 g^eneraliter est intelligendum quando vciba statuti sunt spe- 
 cialla, ratio autem generalis: when the words of a statute are spe- 
 
634 STATUTUM — STIPULATION. 
 
 cial, but the reason of it general, the statute is to be understood gen- 
 erally. 
 
 Stay. To stop, to arrest or suspend, as a judgment or sentence. 
 
 Stay. A stopping, an arrest or suspension, as of a judgment or sentence. 
 Stay law: a statute relieving debtors from the oppressive use of 
 remedies for the collection of debts. 
 
 Steelbow goods. In Scots law. Seed grain, cattle and implements of 
 husbandry delivered by landlord to tenant for v^orking a farm, 
 which the tenant is required to return in kind on expiration of the 
 term. 
 
 Steel-yard, stillyard, stilyard. In old English law. A place or house 
 in London, where the fraternity of the Easterling merchants had 
 their abode. 
 
 Stelliouate. In Scots law. The crime of aliening the same subject to 
 different persons. 
 
 Stellionatas, I. In the civil law. A general name for acts of fraud 
 having no other name. 
 
 Sterbrech, strebrech, sax. In old English law. The offense of break- 
 ing up, obstructing, or narrowing a way or road. 
 
 Sterling. In English laiv. Current or standard coin, especially silvei 
 coin ; a standard of coinage. 
 In old English law. A penny. 
 
 Stet, I. Let it stand or be stayed. Stet processus: let the process stay 
 or stand ; let the proceedings be stayed. An entry on the record, by 
 which a plaintiff agrees that further proceedings shall be stayed, — 
 usually made to prevent judgment as in case of a nonsuit. 
 
 Stick. To stop ; to hesitate ; to decline to accede. Stick in the bark: 
 V. Cortex; Qui hosret, 6tc. 
 
 Stillicidium, I. In the civil law. Drip ; the dripping of water froin 
 the eaves of a house ; the servitude of suffering such dripping on 
 one's land from the house of another. 
 
 Stint. In English law. Limit ; a limited number. Used to describe a 
 species qf common. 
 
 Stipendinm, I. In the civil law. The pay of a soldier ; wages ; stipend j 
 tribute. 
 
 Stipes, stirps, I In oldJEnglish law. Stock; a stock; a source of de- 
 scent V. Seisina, etc. 
 
 Stipulari, I. In the civil laiv. In a strict sense, to ask or demand 
 something in a certain form of words, which, upon response in a 
 similar form, constituted a contract ; in a more general sense, to 
 promise or engage. 
 
 Stipulatio, I. In the civil law. A contract in a solemn form of words, 
 consisting of an interrogation and a reply, as " Spondesf Spondeo." 
 
 Stipalation. An undertaking in writing to do a certain act ; in ad- 
 miralty, an undertaking in the nature of bail or bond, to release 
 from attachment. 
 
STIPULATOR — STRICT. 635 
 
 Stipulator, I. In the civil law. The party who asked the question in 
 the contract of stipulation. 
 
 Stirps, pi stirpes, I. In the civil law. A stock ; a source of descent. 
 
 Stock. A source or root of succession or descent ; the goods and wares 
 of a merchant, kept for sale and traffic ; in a larger sense, the cap- 
 ital of a merchant, including merchandise, money and credits ; the 
 capital of a private corporation; the animals collected, used or 
 raised on a farm. 
 
 Stocks. A machine constructed of wood, with holes through which the 
 feet or legs of offenders were passed, and their persons thus con- 
 fined. 
 
 Stoppas:e in transitu. Stoppage on the transit or passage ; stoppage of 
 goods sold on their way to the buyer ; the right of a seller of goods 
 on credit to resume possession while the goods are in the hands of a 
 carrier, where the buyer has become insolvent or embarrassed. 
 
 Stontlirief, sc In Scots law. Robbery ; a violent taking. 
 
 Straddle. The double privilege of a "put" and a "call," giving the 
 holder a right either to demand or to deliver a certain amount of 
 a commodity, or a certain number of shares of stock, within a certain 
 time, at a certain price. 
 
 Stranding^. An accidental striking and remaining of a vessel on a bank, 
 rock or reef ; a grounding and filling with water. 
 
 Strangrer. A person not a party or privy to an act or contract. 
 
 Strata, 1. 1 In old English law. A street or road. Strata regalis: the 
 king's highway. Stratie pnblicse: public streets. 
 
 Straw bail. A nominal or worthless surety ; a person who frequents 
 the neighborhood of law courts for the purpose of becoming bail for 
 a consideration. So called because they formerly wore straw in 
 their shoes as a sign of their occupation. 
 
 Stray. A beast that wanders at large without its owner, and clear of 
 his controL 
 
 Stream. A current of water; a body of fiowing water. In its common 
 sense, the word includes rivers, but it is said properly to be restricted 
 to water not within banks. 
 
 Street. A public way in a city or village, including sidewalks as well 
 as carriage way. 
 
 Strepitns, I I. In old English law. Estrepement or strip ; a species of 
 waste or destruction of property. 
 
 Strict. Rigorously regular in form; governed by the rule with the 
 greatest exactness. Strict construction: a construction which ad- 
 heres closely to the words. 
 In English law. Strict settlement: a settlement of an estate on a 
 parent for life, remainder to his first and other sons successively in 
 tail, remainder to the daughters with cross-remainders, remainder 
 to the settlor in fee, and remainders to trustees to preserve contin- 
 gent remainders. 
 
636 STEICTI — SUB-BALLIVUS. 
 
 Stricti juris, I. Of strict right or law ; according to strict law ; with- 
 out equitable interpretation, or enlargement of application. Stric- 
 tissimi juris: of the strictest right or law; to be interpreted and 
 applied in the strictest manner. 
 
 Stricto jure, I. In strict law. 
 
 Strictum jus, I. Strict right or law ; the rigor of the law, as distin- 
 guished from equity. 
 
 Strilce. A combination among employes to cease working, or the like, 
 to compel an increase of wages, a reduction of the hours of labor, or 
 other change in their condition. 
 
 Striliing' a jury. The striking out of a certain number of names from 
 a list of jurors prepared by the clerk or master of the court, so as to 
 reduce it to the number of persons prescribed by law, who are to be 
 summoned and returned as jurors by the sheriff. This is done by 
 the parties, each party striking out so many names, one at a time and 
 in alternation. 
 
 Strip. Aggravated waste, v. Estrepement 
 
 Struck jury. A special jury, — so called because constituted by striking 
 out a certain number of names from a prepared list Struck meas- 
 ure: V. Rase. 
 
 Stultify. To make out to be of unsound mind. 
 
 Stultiloquium, I I. In old English law. Vicious or disorderly plead- 
 ing, for which a fine was imposed by King John, supposed to be the 
 origin of the fines for beau-pleader. 
 
 Stuprnm, I. In the civil law. Unlawful intercourse with a woman. 
 
 Snapte natura, 1. 1. In its own nature. Suapte natura sterilis: barren 
 in its own nature and quality. 
 
 Sub, I. At ; under ; before. Sub conditione: upon condition ; literally, 
 under condition. Sub colore: undercolor; — juris: under color of 
 right ; — officii: under color of office. Sub cura niariti: under the 
 care of the husband. Sub disjunctione: in the alternative. Sub 
 jndice: under or before a judge or court ; under judicial consider- 
 ation ; undetermined. Sub modo: under a qualification ; in a quali- 
 fied manner or sense. Sub nomine: under the name. Sub pede 
 sigilli: under the foot of the seal ; under seal. Sub potestate: under 
 power; — Tiri: under power of a husband; — parentis: under 
 power of a parent; — curiae: under power of the court. Sub salvo 
 et seeuro conductn: under safe and secure conduct. Sub sigillo: 
 under seal. Sub silentio: under silence; in silence; without no- 
 tice taken. Sub spe reconciliationis: under the hope of reconcile- 
 ment Sub suo periculo: at his own risk. Sub voce: under the 
 word, — used in referring to another title. 
 
 Sub-agent. An under agent ; an agent appointed by one who is himself 
 an agent 
 
 Sub-ballivus, I. I In old English laiv. An under-bailiff ; a sheriffs 
 deputy. 
 
SUB-CONTRACT — SUBROGATIO. 637 
 
 Sub-contract, A contract subordinate to another contract, made be- 
 tween one of the contracting parties and a stranger. 
 
 Snb-delegare, I I. In old English law. To sub-delegate ; to delegate 
 power already delegated. 
 
 Snbditus, U In old English law. A vassal ; a dependent ; any one 
 under the power of another. 
 
 Snbhastare, I In the civil laio. To sell at public auction, which was 
 done sub hasta, under a spear. 
 
 (^nbhastatio, L In the civil law. A sale by public auction, which was 
 done under a spear, set up at the place of sale. 
 
 Snbiufeudation. In feudal law. The granting of a feud or flef out of 
 another, to be held by an under tenant 
 
 Subjacere, I. I In old English law. To lie under ; to be subject to. 
 Subjacere debet juri ubi deliquerit: he ought to be subject to the 
 law [of the place] whex'e he has offended. 
 
 Subject. That which constitutes the basis or ground work ; a person 
 who is under the power and protection of a government Subject- 
 matter: the matter under consideration or in dispute. 
 
 Snblata, I Removed ; taken away. Sublata causa, tollitur effectus: 
 the cause removed, the effect is gone. Sublata veneratione ma^ls- 
 tratnum, respublica ruit: respect for magistrates taken away, the 
 commonwealth falls, — applied to the offense of striking in court 
 
 Snblato, L Removed ; taken away. Sublato fnndamento, cadit opns; 
 the foundation removed, the work falls. Snblato principal!, tolli- 
 tur adjunctum: the principal taken away, the incident is taken 
 also. 
 
 Submission. An agreement by which parties consent to submit differ- 
 ences to arbitration. 
 
 Submit. To place before arbitrators, jury or court for a finding or a 
 decision. 
 
 Suborn. To procure to commit an offense. 
 
 Sabornare, I. To suborn. Subornare est quasi subtus in aure ipsnm 
 male oruare: to suborn is to instruct one privily, as by whispering 
 in his ear, with a bad design. . , 
 
 Subornation. The offense of procuring another to commit an offense. 
 
 Subpoena, L Under a penalty; a judicial writ commanding the at- 
 tendance or appearance of a witness or party in court,' under a pen- 
 alty ; in equity, the first process, like the writ in an action, and issued 
 on the filing of the bill. Subpoena ad testificandum: subpoena to 
 testify ; the common subpoena to a witness. Subpoena duces tecum: 
 a subpoena by which a witness is commanded to bring with him 
 certain documents or writing specified. 
 
 Snbrogare, surrogare, I In the civil law. To substitute ; to put in the 
 place of ; to add to (a law). 
 
 Subrogatio, I In the civil law. The substitution of one person or 
 thing in the place of another ; strictly, the substitution of one person 
 
638 SUBROGATIO — SUBTRACTION. 
 
 in the place of another as a creditor, with a succession to the rights 
 of the latter. Snbi'ogatio est transfnsio unius credltoris in aliuin, 
 eadeiti vel mitiori conditione: subrogation is the transfusion of 
 one creditor to another, with the same or with modified rights. 
 
 Snbi'ogfation. The putting of one person or thing in place of another ; 
 the putting of one person in the place of another as a creditor, aa 
 where one person having paid the debt of another succeeds to his 
 rights. 
 
 Snbroguer, surroguer, I fr. To make a deputy or surrogate ; to sub- 
 stitute. 
 
 Sabseribe. To write under ; to write at the bottom or end of a writing 
 of instrument ; to write the name under. 
 
 Subscribere, I. To write under, or at the bottom of a writing or instru- 
 ment ; to write the name under ; to subscribe. 
 In the civil law. To consent or assent to a thing; to take part in a 
 proceeding ; to pronounce judgment 
 
 Subscriptio, Z. In the civil law. A writing under ; a writing of the 
 name under or at the bottom of an instrument by way of attestation 
 or ratification ; subscription ; an imperial constitution granted in 
 answer to the prayer of a petitioner present Subscriptio testiam: 
 subscription of witnesses. 
 
 Subscription. The writing of the name or signature under or at the 
 foot of an instrument, by way of execution or attestation, 
 
 Subsellia, L In the Roman law. Lower seats or benches, occupied by 
 thejudices and inferior magistrates when they sat in judgment 
 
 Subsidy. Pecuniary assistance from government to an enterprise of 
 benefit to the public. 
 In English law. An extraordinary grant of money by the parliament 
 to the crown, — now commonly termed a supply, or supplies. 
 
 Subsignare, I. In the civil law. To undersign ; to subscriba 
 
 Substance. Essence ; the material or essential part of a thing, as dis- 
 tinguished from its form. 
 
 Substantive law. That part of the law which creates and defines rights. 
 
 Snbstitnte. A person or thing put in the place of another. 
 
 Substituted service. Any mode of service of process provided by stat- 
 ute in place of personal service. 
 
 Substltatio, i A putting of one person in the place of another. 
 In the civU law. The appointment of one person as heir in place of 
 another, in the event of the first not taking. 
 
 Substitution. In Scots law. An enumeration of a series of heirs, de- 
 scribed in proper technical language. 
 In modern civil law. The designation, in a will, of a person to take a 
 devise or legacy, on failure of a former devisee or legatee, or after 
 him. 
 
 Subtraction. In English law. The offense of withholding or keeping 
 from another that which by law he is entitled to ; as suit and serv- 
 
SUBTRACTION — SUL 639 
 
 ice from a lord, tithes from a parson, conjugal rights from a hus- 
 band or wife, or the lilre. 
 
 Subvassores, subvalvassores, I. I In old Scots law. Base holders ; in- 
 ferior holders. 
 
 Snb-Ylcecomes, I I. In old English law. Under-aheriflf. 
 
 Snccessio, L In the civil law. A coming in place of another, on his 
 decease; a coming into the estate which a deceased person had at 
 the time of his death, either under an appointment by will, or by 
 general appointment of law in case of intestacy. 
 
 Snccession. The right by which one set of men, by succeeding another 
 set, may acquire a property in all the goods and other chattels of a 
 corporation. 
 In Soots and modern civil law. A right to enter on that estate, real 
 or personal, which a deceased person had at his death. 
 
 Successor. One who follows another ; one who comes into the place of 
 another. 
 
 Saccnrritur, I. In old English law. Relief (or succor) is given. Sue- 
 cnrritur mlnori; facilis est lapsus juventutls: a minor is [to be] 
 aided ; a mistake of youth is easy [youth is liable to err]. 
 
 Sucken, sc. In Scots law. Lands bound or astricted to a particular mill, 
 or the tenants or proprietors of which are bound to use a particular 
 mill. \ 
 
 Sue. To follow at law; to prosecute judicially; to commence a suit; 
 to prosecute a suit already begun. Sue out: to obtain judicially and 
 issue, — applied only to process, particularly such as is specially 
 granted. 
 
 Sner, seuer, snyre, I. fr. To follow ; to sue ; to prosecute or follow up. 
 
 Suerte, seurte, I. fr. Surety. 
 
 Suffer. To permit ; knowing, not to hinder. Willingness is implied. 
 
 Sufferance. Toleration ; permission, without right ; permission by neg- 
 lect to enforce a right. 
 
 Suffragan. In English ecclesiastical law. Assistant; an assistant to the 
 bishop of a diocese. 
 
 Suffroginm, I. In the Roman law. A vote; the right of voting in the 
 assemblies of the people ; aid or influence used or promised to ob- 
 tain some honor or office. 
 
 Snffraunce, I. fr. Sufferance. 
 
 Suggestio falsi, Z. Representation of untruth; false representation. 
 
 Suggestion. A statement or entry on a record made by way of informa- 
 tion to the court of some fact which has occurred in the progress of 
 a cause ; a statement made incidentally, or out of the course of plead- 
 ing. 
 
 Sui, suns, I His; his own. Sul generis: of its own kind; the only 
 one of its kind. 
 In the civil law. Sul hteredes: one's own heirs ; proper heirs. Sui 
 juris: of one's own law; under no legal disability; — suntomnes 
 
640 SUI— SUMMONEAS. 
 
 qui non sunt in aliena potestate: all those are sui juris who are 
 not in another's power. 
 
 Suicide. The intentional destruction of one's self, by a person of years 
 of discretion and of sound mind; in a larger sense, the voluntary 
 killing of one's self, from whatever cause. 
 
 Suit, suyt, suy te, I, fr. In old English law. Suit ; action ; the follow- 
 ers of a plaintiff, whom he produced to support his count or dec- 
 laration; the retinue, chattels, offspring and appurtenances of a 
 villein. 
 
 Suit. A following ; prosecution ; the prosecution of some demand in a 
 court of justice. The word includes both proceedings at law and 
 proceedings in equity, while action is properly restricted to proceed- 
 ings at law. 
 In old English law. A following of another ; attendance by a tenant 
 on his lord, especially at his court ; a number of persons produced in 
 court by the plaintiff with his count or declaration, for the purpose 
 of confirming his allegations ; attendance for the purpose of per- 
 forming some service, as grinding at a particular mill ; pursuit of a 
 fugitive felon. 
 
 Suitas, L I. In the eiml law. The condition or quality of a proper 
 heir. 
 
 Suitor. One who has a suit ; a party to a suit Suitor's fund: in chan- 
 cery practice, money and interest paid into court by litigants. 
 In old English law. One who attended at court ; a tenant who at- 
 tended his lord's court ; one who attended court as a judge ; a cred- 
 ible witness by whom a plaintiff supported his declaration. 
 
 Sum. In English law. A summary or abstract ; a compendium ; a col- 
 lection. 
 
 Sum up. To bring together under a single view ; to recapitulate ; par- 
 ticularly to bring together and review the evidence in the closing 
 address of counsel, or in the charge of the court to the jury. In 
 England, the phrase is particularly applied to the charge to the jury. 
 
 Summa, I. I. A summary ; a compendium. 
 
 Suiuma est lex quae pro religione facit, I. That is the highest lavi' 
 which makes for [goes in support of] religion. Summa ratio est 
 qnsB pro religione facit: that reason or argument is of paramount 
 weight or authority which makes for [or operates in support of] re- 
 ligion. \ 
 
 Summam esse rationem quae pro religione facit, I. In the civil law. 
 The highest reason is that which makes for religion. 
 
 Summon. OfKoially to notify a party that he has been sued, that he 
 may appear and answer ; in some states, to subpoena a witness. 
 
 Summoneas, I. I. In old English law. Summon you ; a writ of sum- 
 mons ; a writ by which a party was summoned to appear in court 
 Snmmoneas ad auxiliandum: summon you to aid ; a writ to sum- 
 mon a prayee in aid. Summoneas ad warrautizandum: summon 
 
SUMMONEAS — SUPERFLUA. C4i 
 
 you to warranty; a writ issued to summon a person vouched to 
 warranty. 
 
 Snmmoner, snniner. In old English law. One of two or more persons 
 by whom a defendant was summoned to appear in court, in com- 
 pliance with a writ ; a petty officer wlio called or cited persons to 
 appear in court 
 
 Summonltio, t I. In old English law. A summoning or summons; a 
 writ by which a party was summoned to appear in court; a com- 
 mand or precept of the king that one be before him, to answer or to do 
 something ; a precept to the sheriff, that he cause some one to come, 
 or have the body of some one, or attach him. 
 
 Summons. A writ or process by which an action is begun, the defend- 
 ant being thereby summoned to appear in court to answer the plaint- 
 iff ; in the code states, a mere notice that an action has been begun 
 and that the defendant is required to answer. 
 In old English law. An original writ directed to a sheriff, requiring 
 him to Bummon a defendant to appear to answer to an action ; a 
 process by which a defendant was summoned to appear in com- 
 pliance with an original writ already issued, or by which he had 
 notice that the writ had been issued. 
 
 Sammnm jas, 2. Strict right; strict law. Sainmumjns,snmraa injuria: 
 the rigor of the law is the height of injury, or (to preserve the an- 
 tithesis more closely) extreme right is extreme wrong. 
 
 "~mptuary laws. Laws to restrain extravagant expense in dress, food 
 and the like. 
 
 Sunday. The first day of the week, the Sabbath,— a day on which no- 
 judicial act can be done, and no arrest can be made, save in crim- 
 inal cases, and on which, by statute, the ordinary transactions of 
 life are suspended. 
 
 !Suo nomine, I. In his own name. Sno periculo: at his own risk. 
 
 Super, Z. Above; over; on; upon. Super altnm mare: on the highi 
 sea. Super se suseeperunt: they undertook. Super visum cor- 
 poris: upon view of the body. 
 
 Superare rationes, L I. In old Scots law. To have a balance of account 
 due to one. 
 
 Snperdemanda, t /. In old English law. An over demand; a demand, 
 of more than was just 
 
 Superflciariae tedes, I. In the civil law. Buildings erected on hired 
 ground. 
 
 Snperflciarins, I. In the dvil law. One to whom a right of surface was 
 granted. 
 
 Superficies, I In the civil law. The surface ; everything on the sur- 
 face of land or of a building, and so closely connected with it by art 
 or nature as to constitute a part of it 
 
 Superflaa non nocent [noceant], 2. Superfluities do [should] not preju- 
 dice ; surplusage does not vitiate. 
 41 
 
, 642 SUPERINDUCTIO — SUPPORT. 
 
 Snperinduotio, I. In the civil law. A species of obliteration! 
 
 Superior. Higher in rank or authority. Superior courts: courts of a 
 high and extensive jurisdiction ; in America, commonly a court of 
 large original jurisdiction, but, except for smaller matters, not of 
 last resort; in England, formerly the court of chancery and the 
 three common-law courts held at Westminster. 
 
 Superior. In Soots law. One of whom lands are held by another, an- 
 swering to the lord of the English law ; the holder of the dominiwii 
 directum of lands. Superior aud vassal: the one of whom lands 
 were so held and the-jaerson holding, — a feudal relation correspond- 
 ing with that of English lord and tenant 
 
 Superiority. In Scots law. The dominium directum of lands, without 
 the profit 
 
 Superonerare, 1. 1 In old English law. To surcharge ; to over-burden. 
 Superoneravit: has surcharged. 
 
 Superoneratio, I. I. In old English law. Surcharge ; a surcharging ; 
 a surcharging of common. ' 
 
 Superplnsa^ium, I. I. In old English law. Surplus; residue or bal- 
 ance; 
 
 Supersede. To set above ; to make void or inoperative by a superior 
 authority ; to stay, suspend or supplant 
 l7i old English law. To omit ; to forbear ; to refrain or desist ; to neg- 
 lect ; to disregard ; to refuse to do. 
 
 Supersedeas, I. Supersede you or desist you ; a writ issued to forbid 
 the operation of another writ ; a wrjt to stay proceedings or suspend 
 jurisdiction ; an auxiliary process to supersede the enforcement of a 
 judgment pending a writ of error. 
 
 Superstitious uses. In 'English law. Uses by bequest to Jews, dis- 
 senters and papists, for religious or gwasi-religious purposes, — for- 
 merly void by statute. 
 
 Supplemental. Added to complete or supply a defect in something 
 precedent, — as an affidavit, a bill in equity, a complaint 
 
 Suppletory oath. In the -civil law. An oath administered to a party 
 where a fact has been proved by only one witness, in order to make 
 full proof. 
 
 Supplicatio, I. In the civil law, A rejoinder. 
 
 Supplieavit, /. He hath besought; a writ in the nature of process, to 
 
 find sureties of the peace on articles filed for that purposa 
 Supplicium, I. In the civil law. Punishment 
 
 Suppouere, I. In old English law. To put under ; to put in place of 
 another; to put a false thing in place of the genuine; to put a 
 strange child in place of the true heir. 
 Support. Sustenance. Support, right of: the right of a land-owner 
 to have his soil supported in its natural state by soil adjacent; the 
 right of the builder and owner of a house to rest his timbers on the 
 walls of a house adjacent,— a right resting on contract or prescrip- 
 tioa 
 
SUPPRBSSIO — SURRENDER 643 
 
 Suppressio, t Cioncealment ; misrepreBentation. Supprossio vori, sngr- 
 gestio falsi: concealment of the truth is [equivalent to] a state- 
 ment of what is false, — a rule in both law and equity. 
 
 8npra, I Above; over. Snpra dictus: aforesaid. Supra protest: 
 over protest, — applied to an acceptance of a bill by a third person, 
 after protest for non-acceptance by the drawee. 
 
 Suprema voluntas, I. The last will. 
 
 Supreinus, I. In the civil law. Last ; the last Supreinns est qnem 
 nemo seqnitur: he is last whom no one follows. 
 
 Supreme. Superior to others; highest; of the last resort Applied 
 commonly to the highest court of a state. 
 
 Sar, I. fr. Upon. Sur cognizance de droit: upon acknowledgment of 
 ■right Sur disclaimer: a writ in the nature of a writ of right 
 brought by a lord against a tenant who disclaimed his tenure. 
 
 Surcesser, I. fr. In old English law. To supersede ; to desist ; to sur- 
 cease. 
 
 Surcharge. To overcharge ; to overburden ; in equity, to add an item 
 to an account Surcliarge of common: the commoning of more 
 beasts than the commoner is entitled to. 
 
 Snrcharger, I. fr. To surcharge. 
 
 Snrdre, I, fr. To arise ; to be raised. 
 
 Surety. A person who engages to be answerable for the debt, default 
 or miscarriage of another. Surety of the peace: a bond or recog- 
 nizance to keep the peace, acknowledged before a justice of the 
 peace, 
 
 Suretysilip. The liability or contract of a surety. 
 
 Surmise. In old English laiv. A suggestion. 
 
 Surplusage. Superfluity; more than is necessary or proper; in old 
 law, a sum remaining over; in a written instrument matter super- 
 fluous or impertinent 
 
 Surplusag'inm, I. Surplusaga Surplusagium non nocet: surplusage 
 does not vitiate. 
 
 Surprise. The act or state of being taken unawares ; sudden confusion 
 or perplexity. 
 
 Sorrebntter. The plaintiff's answer of fact to the defendant's rebutter. 
 
 Surrejoinder. The plaintiff's answer of fact to the defendant's rejoin- 
 der. 
 
 Surrender. To give up ; to deliver ; to make over. Surrender by bail: 
 to give the principal again into custody. 
 
 Surrender. A giving up, delivering or making over. Surrender in 
 deed: a surrender by conveyance, as of a life-estate to the remain- 
 derman. Surrender in law: a surrender implied in law, as if a 
 tenant for years accepts a new lease. Surrender of an estate: a 
 yielding up of an estate for life or for years to the reversioner or 
 remainderman so that the particular estate may benjergedbyagree- 
 ment Surrender of a lease: a yielding up of a leasehold interest 
 
644: SURRENDER — SUUS. 
 
 BO that the interest may be merged by agreement Surrender of a 
 preference: a turning over by a creditor of a bankrupt of property 
 received by way of a preference, in order to share in a dividend. 
 
 Sarrenderee. In English law. A person to whom a surrender is made. 
 
 Surrenderor. In English law. A person who surrenders. 
 
 Surreptitious. Stealthily or fraudulently done, taken away or intro- 
 duced. ' 
 
 Surrogate. A person substituted or appointed in the room or place of 
 another ; one who represents or acts for another. 
 In Ameriean law. A county oflScer who haa jurisdiction in matters 
 
 of probate. 
 In English law. A bishop's chancellor; an ofiflcer who usually pre- 
 sides in the diocesan court, and by whom letters of administration 
 are granted where the spiritual court is not presided over by a judge. 
 
 Sursisa, I. I. In old English law. Neglect ; default. 
 
 Sursise, /. /r. In old English law. Neglect; default; a ceasing or ces- 
 sation. 
 
 Sursiser, surcesser, I fr. To neglect ; to omit doing a thing ; to sur- 
 cease ; to fail to obey process. 
 
 Snrsum reddere, 1. 1. In old English law. To render up ; to surrender. 
 
 Snrsum redditio, /. I In old English law. A surrender. 
 
 Survey. An examination with reference to extent or condition. Sur- 
 vey of land: a measurement of land to ascertain quantity, fix bound- 
 ary, etc. Survey of a vessel: a public document by which the 
 condition of a vessel may be known. 
 
 Survive. To outlive ; to live beyond another person, or a particular 
 event 
 
 Survivor. One who survives another; one who outlives another. 
 
 Sus, I. fr. Upon. Susdit: aforesaid. 
 
 Sas. per coll., suspendatnr per colluui, 1 1. Let him be hanged by the 
 neck. 
 
 Snspendere, 1. 1. In old English law. To hang ; to execute by hanging. 
 Suspensns: hanged. 
 
 Suspension. In Scots law. A writ passing under the signet, by which 
 the diligence of the law, or the effect of a judgment, may be sus- 
 pended. 
 
 Sute, I fr. In old English law. Suit ; prosecution ; service. Sate a 
 molyn: suit at mill. 
 
 Suth, I. fr. In old English law. Under. Suth dit: under said ; here- 
 after said, 
 
 Snnm culqne trlbuere, I. To give to each one his own. 
 
 Suus, L His ; his own. 
 In old English law. Suns judex; one's own judge ; a proper judge j 
 
 a judge having cognizance of a causa 
 In the'civil law. Suus hteres: one's own heir; a proper heir; a right 
 heir. 
 
SUYT- TACIT. 64i5 
 
 Snyt, suyte, I. fr. Suit; following. 
 
 Snzerei^n, fr. A crown vassal. 
 
 Swain-mote, swein-mote, swaiii-gemote, Swaniinotnm, swalnimotnin, 
 swayninotnm, I. I In old English law. A court held before the 
 verderors, as judges, by the steward of the swein-mote, thrice in 
 every year, the sweins or freeholders within the forest composing 
 the jury. 
 
 Syb and som, sax. Peace and security. 
 
 SylnbolsBOgraphy. The art of drawing written instruments. 
 
 Symbolic delivery. A delivery by symbol; the delivery of a thing by 
 delivering another thing as its symbol or representation. 
 
 Synallagmatic contract. In the civil law. A bilateral or reciprocal 
 contract, in which the parties expressly enter into mutual engage- 
 ments, each binding himself to the other. 
 
 Syndlcus, gr.-t In the civil law. A defender ; one who was chosen to 
 prosecute or defend a certain cause. 
 
 Syndicate. An aggregation of persons for the purposes of an undertak- 
 ing too large for successful management by a single person. 
 
 Syngraph. An instrument under the hand and seal of all the parties. 
 
 Synoth, synod. A national council of the Saxons. 
 
 Syr, I. fr. Sir. A word used by counsel in addressing a court 
 
 T. An abbreviation of tempore, termino or term, teste, title.. T. B. E.: 
 V. Tempus. 
 
 Tabellio, t In the civil law. A public writer of contracts ; one who 
 drew, wrote out, and attested instruments. An officer whose func- 
 tions were similar to those of a modern notary. 
 
 Taberna, I. In old English law. A drinking house ; a tavern ; other- 
 wise written tabernaculum. 
 In the civil law. A shop, as being inclosed with boards ; any building 
 fit for habitation ; a wine-shop. 
 
 Tabernarius, I In old English law. A taverner or tavern-keeper. 
 In the civil law. A shop-keeper. 
 
 Tabula, 2. A board or plank. Tabula in naufragio: a plank in a ship- 
 wreck, — a iigurative expression used to denote that preference or 
 priority among mortgagees which is gained by tacking. 
 In the civil law. A table or tablet ; a thin sheet of wood which, when 
 covered with wax, was used for writing ; an instrument written on 
 such a tablet 
 
 Tabnlarius, I. A notary, or tabellio. 
 
 Tac, tak. In old English law. A kind of customary payment by a 
 tenant 
 
 Tacit. Implied ; not expressea. 
 In Scots law. Tacit relocation: an implied reletting of premises, 
 where the tenant continues in possession after the expiration of his 
 term. Tacit tack: an implied tack or lease, — a tack inferred from 
 a tacksman's possessing peaceably after his tack is expired. 
 
646 TACITUS — TALLATIO. 
 
 Tacitns, I. Silent; not speaking; not expressed in words; im^^lied; 
 tacit Tacita qusedam habentur pro expressis: some tacit tiling 
 are regarded as expressed. 
 
 Tack. In Scots law. A contract by which the use of any thing is set 
 or let for hire, for a certain time. 
 
 Tackingr. In English law. The uniting of securities given at different 
 times, so as to prevent any intermediate purchaser or incumbrancer 
 from claiming a title to redeem or otherwise discharge one lien, 
 which is prior, without redeeming or discharging others, which are 
 subsequent to his own title. 
 
 Tacksman, In Scots law. A tenant or lessee ; the grantee of a tack. 
 
 Tactis sacrosanctls, I. I In old English law. Touching the holy (evan- 
 gelists). 
 
 Tacto per se sancto Eraugello, 1. 1 Having personally touched the holy 
 Gospel. 
 
 Tail. Limitation ; abridgment Tall after possibility of issue extinct: 
 the estate of a widower having no issue, holding lands under a grant 
 in tail special. Tail female: an estate limited to a man and the 
 female heirs of his body. Tail general: an estate Umited to a man 
 and the lawful heire of his body. Tail male: an estate limited to a 
 man and the male heirs of his body. 
 
 Tail. Limited; abridged; reduced. 
 
 Tailler, tailer, tayler, I. fr. In old English law. To cut ; to limit ; io 
 tax ; to bar ; to declaf'e. 
 
 Tailzie. In Scots law. An entail. 
 
 Taini, tliaini, /. I In old English law. Freeholders. 
 
 Take. To seize by authority of law ; to I'eceive from another by some 
 title; to obtain possession of unlawfully, or feloniously; to lay 
 ■ hands upon without removing ; to receive the verdict of a jury ; to 
 hold a court 
 
 Tale. The count or counting of money ; in old pleading, a plaintiff's 
 count, declaration, or narrative of his case. 
 
 Talea, talia, I I. In old English law. A tally. 
 
 Tales, I. Such, so many, — a term applied to jurors. Tales de circam- 
 stantibns: so many of the bystanders,— the emphatic words of the 
 old writ commanding the sheriff to make up a deficiency of jurors 
 out of persons present. » 
 
 Talio, I. In the civil law. Like for like ; punishment in the same kind ; 
 the punishment of an injury by an act of the same kind, as an eye 
 for an eye. 
 
 Talis, I. In old English laxe. Such ; such a one. Talis qualis: such 
 as ; as much. 
 
 Taliter, I. In old English law. In such a manner ; so. Taliter prO- 
 cossum est: so it proceeded ; such proceedings were had. 
 
 Tallage, Talla^inm, I. I. In old English law. A share of a man's sub- 
 stance paid by way of tribute, toll or tax ; a direct tax. 
 
 Tnllatio, I. I. In old English law. A keeping account by tallies. 
 
TALLEA — TAX 647 
 
 Tallea, tallia, talea, talia, 1. 1 In old English law. A tally ; a piece 
 
 of wood out with notches in two corresponding parts. 
 Tallia, LI A tax or tribute ; tallage ; a share taken or cut out of one's 
 
 income or means. 
 Talliare,. II In old English law. To cut ; to cut off, out, or down ; to 
 
 reduce, abridge or limit by cutting ; to limit or restrain. 
 Tallium, L I. In old English law. Tail ; a species of limited estate ; a 
 
 tax or tallage. 
 Tally. A piece of wood cut with indentures or notches in two corre- 
 sponding parts, of which one was kept by the creditor and the other 
 
 by the debtor, — the old way of keeping accounts. 
 Taltarum's case. The case, Y. B. 13 Edw. IV., 19-31, which laid the 
 
 foundation for common recoveries. 
 Tain, I So ; as well. Tarn de fortia quam de facto: as well of force 
 
 as of fact Tarn facti quam animi: as much in act as in intention. 
 
 Tam quam: as \yell as. 
 Tamen, I. Yet; notwithstanding. 
 Tanqnam prescrjptum quod possessiim, I Prescription can go only 
 
 as far as possession [for what has been possessed]. 
 Tant, tannt, /. fr. As ; so ; as well. Tant come: inasmuch as ; while ; 
 
 so long as. Tant que, tanque, tange: until. Tant solement: all 
 
 only. 
 Tantost, J. /r. Forthwith; presently; almost; so much. 
 Tantas, I. In old English law. So much. Tantam terram cam perti- 
 
 nentiis: so much land with the appurtenances. 
 Tantnm, I In old English law. So much ; as much. Tantnm bona 
 
 valent, quantum vendi possunt: things are worth so much as they 
 
 can be sold for. 
 Tard, tarda, I. fr. In old English law. Slow ; late. 
 Tarda, I Late, too late,— a return made by a sheriff, when a writ was 
 
 delivered to him too late for execution. 
 Tassara, 1. 1. In old English law. To stack ; to heap up. Tassari at 
 
 CO-operiri: to be stacked and covered. 
 Taunt, I fr. So; so much ; so far. Taunt com?: so much as. 
 Tavern. A house licensed to sell liquors in small quantities, to be drunk 
 
 on the spot ; a houser for the entertainment of travelers, as well as 
 
 for the sale of liquors, licensed for that purpose; an inn. 
 Taverue, fr. In old English law. A house or shop where wine was 
 
 sold and drunk ; a tippling-house ; a tavern. 
 Taverner. In old English law. A seller of wine; one who kept a 
 
 house or shop for the sale of wine at retail. 
 Tavarn-keeper. One who keeps a tavern ; an inn-keeper. 
 Tax. To assess, fix or determine judicially ; to adjust, adapt or propor- 
 tion; to lay, impose or assess upon citizens or subjects a certain 
 
 sum to be paid into the public treasury, to defray the expenses of 
 
 govfernment 
 
Ci8 TAX — TEMPU& 
 
 Tax. A rate or sum of money assessed on person or property for the 
 support of the government, or for some special purpose authorized 
 by government ; in a genei'al sense, any contribution levied by gov- 
 ernment for the use of the state ; in a stricter sense, a rate imposed 
 on persons or property, as opposed to customs, excises, etc. 
 
 Taxa, LL In old English laiv. A tax ; an allotted piece of work ; a task. 
 
 Taxacion, L fr. In old English law. Taxation ; assessment ; the finding 
 of damages by a jury. 
 
 Taxare, Z. In old English law. To assess; to estimate; to moderate 
 or regulate an assessment 
 In the cicil law. To rate or value ; to lay a tax or tribute ; to tax. 
 
 Taxatio, I. In the civil law. The assessment or moderation by a Ijudge 
 of the damages claimed or sworn to by the actor. 
 
 Taxation. Assessment; adjustment; the act or process of taxing, or 
 of imposing a tax. 
 
 Taxer, I. fr. In old English law. To tax ; to assess ; to rate or esti- 
 mate. Taxe, taxes: taxed; assessed; rated. 
 
 Teding-peiiny, tething'-peiiny, saos. In old English law. A small al- 
 lowance to the sheriflE from each tithing of his county, towards the 
 charge of keeping courts, etc. 
 
 Teinland, tainland, thainland, sax. In old English law. Land of a 
 thane or noble ; hereditary land, not subject to the service of agri- 
 cultural tenants ; land held by knight-service. 
 
 Telllgraphum, telligraifum, telligraphium, l.-gr. In Saxon law. A 
 charter or deed of land ; a writing showing and protecting the title 
 to lands ; literally, a land-writing. 
 
 Temere, I. In the civil law. Eashly; inconsiderately; without suffi- 
 cient cause. 
 
 Temples. The two English inns of court (the Inner Temple and Middle 
 Temple), so called because anciently occupied as the residence of the 
 Knights Templar. 
 
 Temporalis, I. In the civil law. Temporary. Temporalis actio: an 
 action limited within a certain period. Temporalis exceptio: a 
 temporary exception ; an exception which barred or delayed an ac- 
 tion for a time. 
 
 Temporalities. In English law. The secular revenues, lands and lay 
 fees of a bishop. 
 
 Temporis exceptio, I In the civil law. A plea of time ; a plea of lapse 
 of time in bar of an action. 
 
 Temps, I. fr. In old English law. Time ; times. Temps descovena- 
 bias: non-juridical seasons. 
 
 Teraptatio, tentatio, I. I. In old English law. Assay or trial. Temp- 
 tatio panis flat bis in anno: the assay of bread shall be made twice 
 a year. 
 
 Tempns, I. In old English law. Time ; a time or term ; a limited pe- 
 riod of time. Tempus cnjns contrarium memoria hominnm non 
 
TBMPUS — TENANT. 649 
 
 existit: time whereof the memory of a man runneth not to the con- 
 trary. Tempus enim modus tollendi obligationes et actioues, 
 quia tempus currit contra desides et sui juris contemptores: 
 
 time is a means of removing obligations and actions ; because time 
 runs against the slothful and those who are neglectful of their right 
 Tempus regis Edwardi: in the time of Edward the Confessor. Tem- 
 pus semeste: the period of six months or half a year, consisting of 
 one hundred and eighty-two days. 
 In the civil law. Time ; a time or term. Tempus continuum: a con- 
 tinuous or absolute period of time, — a term which begins to run from 
 a certain event. Tempus utile: a profitable or advantageous period 
 of time, — a term which begins to run from a certain event, only 
 when he for whom it runs has knowledge of the event. 
 
 Tenancy. A holding or mode of holding an estate. Tenancy in com- 
 mon: the holding of an estate in lands by several persons, by sev- 
 eral and distinct titles, but by unity of possession. 
 In old English law. A house of habitation, or place to live in, held of 
 another. 
 
 Tenant, Z./n One who holds; a holder of lands and tenements. Ten- 
 ant a Tolunte: tenant at will. Tenant peravaile: the lowest tenant 
 of land ; one who held of a mesne lord. 
 
 Teuaut. One who holds ; a holder, especially of lands or tenements ; in 
 the largest sense, one who holds lands or tenements by any kind of 
 title, whether for years, for life, or in fee. Tenant at will: one who 
 holds lands or tenements at the will of the lessor. Tenant by the 
 curtesy: the holder of an estate by the curtesy. Tenant by suJfer- 
 ance: one who comes into the possession of land by lawful title, but 
 holds over by wrong, after the determination of his interest. Ten- 
 ant for life: one who holds lands or tenements for the term of his 
 own life, or the life of another. Tenant for years: one who holds 
 lands or tenements under a demise from another, for the term of a 
 certain number of years agreed upon. Tenant from year to year: 
 one who holds lands or tenements under the demise of another, 
 where no certain term has been mentioned, but an annual rent has 
 been reserved ; one who holds over upon consent express or implied 
 on the determination of a lease for years. Tenant in dower: a 
 woman who holds an estate in dower. Tenant in fee simple: one 
 who has lands, tenements or hereditaments, to hold to him and his 
 heirs forever, generally, absolutely and simply. 
 In English law. One who holds of another, according to the fiction 
 or maxim of tenure, though, in fact, the absolute owner of what he 
 holds ; one who actually holds of another, one who has temporary 
 possession and use of that which is in reality the property of an- 
 other ; one who has actual seisin or possession of lands or tenements ; 
 one who has actual possession of lands claimed in suit by another, — 
 the defendant in a real action. Tenant in tail: one who has lands. 
 
650 TENANT — TENERE. 
 
 tenements or hereditaments, to hold to him and the heirs of his 
 body. Tenant to the praecipe: the person against whom the prae- 
 cipe was brought in proceedings by way of a common recovery. 
 In feudal law. One who holds of another, called lord or superior, by 
 some service, as fealty or rent Tenant in capita: tenant in chief ; 
 one who held immediately under the king, in right of his crown and 
 dignity. 
 
 Tenannt, Z. /r. In old English law. Tenant; a tenant; the defendant 
 in a real action. 
 
 Tencon, I. fr. A dispute ; a quari-el. 
 
 Tend. In old English law. To tender or offer. 
 
 Tender. To offer, by presenting a thing to another ; to offer to pay an 
 amount of money by presenting it to another ; to offer in words or by 
 a form of words. 
 
 Tender. An offer of a sum of money in satisfaction of a debt or claim, 
 by producing and showing the amount to the creditor or claimant, 
 and expressing verbally a willingness to pay it Tender of issue: 
 a form of words in a pleading by which the pleader offers to refer 
 the question raised to the appropriate mode of decision. 
 
 Tendre, tender, I. fr. In old English law. To offer; to tender; to ex- 
 press a readiness. 
 
 Tenement, L fr. Tenement; a tenenient; land held of another by 
 service. 
 
 Tenement. Any thing that may be held, if of a permanent nature, 
 whether substantial or unsubstantial in its nature ; in the common, 
 popular sense, a house or building. 
 , Tenementary, or tenemental land. In English law. That part of a 
 manor which is granted out to tenants, as distinguished from the 
 demesne lands of the lord. 
 
 Teuementum, I. I In old English law. A tenement ; a thing held by 
 service ; an estate which a tenant holds of a lord ; a corporeal thing 
 held of another, — a thing capable of being viewed, entered upon, 
 measured, etc. ; the mode or circumstance of holding ; a building for 
 habitation. 
 
 Tenendas. In Scots law. The clause of a charter by which the tenure 
 is expressed. 
 
 Tenendum, 2. 2. In old English law. To be held; to hold. A formal 
 word in charters by which a tenement was conveyed, expressive of 
 tenure, or indicating that the thing conveyed was to be held, in the 
 feudal sense of the term. 
 
 Tenens, I. In old English law. A tenant ; a holder ; one who holds ; the 
 defendant in a real action. 
 
 Tener, I. fr. In old English law. To hold ; to keep. 
 
 Tenere, I. In old English law. To hold ; to have ; to keep ; to bind ; 
 to hold judicially ; to keep or perform ; to have effect, to stand 
 good. Tenere placita: to hold pleas ; to have a court of one's own. 
 
TRNEEE— TENURE. 651 
 
 Tenere placitum: to hold plea; to take cognizance, or entertain 
 jurisdiction. 
 In the civil law. To hold ; to observe or keep ; to be of force or va- 
 lidity. 
 
 Tenet, I. He holds, — a word formerly used to state the tenure in actions 
 of v^aste. Tenuit: he held, — a word formerly used in the same 
 action for the same purpose, where the estate had ended and dam- 
 ages only were sought ' 
 
 Tenheved. In old English law. The head of a tithing, or decennary. 
 
 Tenier, tener, I. fr. To hold; to accept or take; to regard or look 
 upon. 
 
 Teninantale, tenmentale, saoo. In Saxon and old English law. A 
 tithing or decennary ; the number of ten men. 
 
 Tenor, L In feudal law. Tenor, or tenure; the mode of holding an 
 estate or fee. Tenor est: tenor is ; — pactio, contra communem 
 feudi naturam ac rationem, in contractu interposita: tenor is an 
 agreement, contrary to the common nature and reason of a fee, in- 
 terposed or inserted in the contract [by which it is conveyed] ; — qui 
 legem dat feodo: it is the tenor [express terms of the feudal dona- 
 tion] which gives law to the fee. 
 
 Tenor. An exact copy of a writing, pursuing the course of its words 
 as they succeed one another ; the true intent and meaning of an in- 
 strument 
 
 Tenths. In English law. A temporary aid issuing out of personal 
 property, and granted to the king by parliament 
 In English ecclesiastical law. The tenth part of the annual profit of 
 every living in the kingdom. It was formerly paid to the pope, 
 afterwards to the crown, and applied by Queen Anne to make up the 
 deficiencies of small benefices, the fund being called Queen Anne's 
 bounty. 
 
 Tentus, tentnm, 1. 1. In old English law. Held ; holden. 
 
 Tenuit, I. He held. 
 
 Tennra, I. I. In old English law. Tenure. 
 
 Tenure, I. fr. and eng. A manner of holding; the mode of holding a 
 feudal estate. In the law of England, the principle of tenure is still 
 retained, it being a fundamental maxim that all the land in the 
 kingdom is held, mediately or immediately, of the sovereign ; but in 
 the United Statps, while government is considered the source of all 
 titles, and while the idea of tenure more or less pervades the real proi> 
 erty law of the country, the principle of tenure, in the proper feudal 
 sense, seems not to obtain, tenants in fee being to all intents and pur- 
 poses the absolute owners of their estatea v. Allodial; Burgage 
 tenure; Freehold; Grand serjeanty; Knight-service; Petty serjeanty; 
 Socage; Villeinage. Tenure est la maniere par quoy les tene- 
 ments sent tonnes des seigneurs: tenure is the manner by \yhich 
 tenements are held of lords. 
 
652 TERCE — TERRAGE 
 
 Terce. In Scots law. Dower ; right of dower ; a widow's third. 
 
 Term. A limit ; a bound or boundary, particularly of time ; an estate 
 or interest limited to a certain time; a limited time during which 
 courts are statedly held ; a word, a word of ai't, or technical word, a 
 descriptive expression. 
 In the civil law. A space of time granted to a debtor for discharging 
 his obligation. 
 
 Terme, I. fr. In old English law. A, period of time ; the term or pe- 
 riod of an estate ; an estate for a certain limited period ; a judicial 
 period or season ; a word, or technical expression, a word of art 
 
 Terminare, I. In old English law. To determine ; to dispose of judi- 
 cially ; to decide. 
 
 Terminer, I. fr. To determine. 
 
 Terminus, I. A limiting point either of time or space. Terminus a 
 quo: the end from which ; the beginning. Terminus ad qnem: the 
 end to which ; the termination. 
 In old English law. A dividing line, where metes or marks were set 
 up ; a fixed or limited period of time ; an estate granted for a limited 
 period ; a term for years or life ; a term of court. Terminus et feo- 
 dum non possuut constare simnl in una eademque persona: the 
 terra and the fee cannot exist together in one and the same person. 
 Terminus Paschse: Easter term. Terminus Sancti Hilarii: Hilary 
 term. Terminus Sancti Michaelis: Michaelmas term. Terminus 
 Trinitatis: Trinity term. 
 In English ecclesiastical law. Terminus hominis: a time for the de- 
 termination of appeals, shorter than the terminus juris. Terminus 
 juris: the time of one or two years, allowed by law for the deter- 
 mination of appeals. 
 In the civil law. A period of time fixed by law ; a limited number ; 
 a mark or physical object dividing lands. 
 
 Termor. One who has a term in lands. 
 
 Terra, l, Terre, tere, I. fr. In old English law. Land ; properly, arable 
 land. Terra culta: tilled or cultivated land. Terra excnltabilis: 
 land that may be tilled or ploughed. Terra luerabilis: land that 
 might be gained from the sea, or enclosed out of a waste, to particu- 
 lar use. Terra Normannorum: Norman's land ; land so called in 
 the reign of Henry III., being land then lately held by a noble Nor- 
 man who, by adhering to the Fi-ench king or dauphin, had forfeited 
 his estate in England. Terra nova: new land ; land newly granted, 
 or newly cleared. Trrra testamentalis: land held by charter or 
 ' writing ; boc-Iand. 
 In the Salic law. Terra Salica: Salic land : the land of the house ; 
 the land within that enclosure which belonged to a German house. 
 
 Terrage. In old English law. ■ A kind of tax or charge on land ; a duty 
 of ploughing, reaping, eta 
 
TERRAR — TESTAMENTUM. 653 
 
 Terrar. In old English law. A book or roll containing a description 
 of the several lands of a person or of a town. 
 
 Terrariiis, /. I. In old English law. A land-holder. 
 
 Terre-tenant, ter-tenant, I fr. and eng. A tenant, holder or occupier 
 of land. 
 
 Terrier. In English law. A register, or survey of lands; a book or 
 roll in which the several lands, either of a person or of a corpora- 
 tion, are described, with the quantity, boundai'ies, tenants' names, 
 etc. 
 
 Terrltorinin, t In the civil laiv. A territory or district; the territo- 
 rial limits of a government; the extent or limits of the jurisdiction 
 of a court 
 
 Tertia, I In old English and Scots law. Third ; dower. 
 
 Tertins intervenlens, II In the dvil law. A third person intervening ; 
 one who interpleads. 
 
 Tesmoyn, tesmoyne, I ft. In old English law. A witness 
 
 Tesmoynage, tesmoynaniiee, I fr. Testimony, 
 
 Test oath. An oath of loyalty to government Test paper: a paper or 
 instrument shown to a jury as evidence. 
 In Englishlaw. Test act: the statute 25 Car. IL, c. 3, which provided 
 that all persons having any office, or receiving pay from the crown, 
 or holding a place of trust under it, should take the oaths of alle- 
 ^ance and supremacy, and subscribe a declaration against transub- 
 stautiation, and also receive the sacrament of the Lord's Supper, 
 according to the usage of the Church of England, As to the sacra- 
 ment, repealed by the statute 9 Geo. IV., c. 17, and a new declara- 
 tion substituted. 
 
 Testa de Nevil. A record in two volumes, in the custody of the Queen's 
 Remembrancer in the Exchequer, containing an account of fees held 
 of the king, etc. Said to have been compiled by Jollan de Nevil, 
 a justice itinerant, in the eighteenth and twenty-fourth years of 
 Henry IIL ' 
 
 Testament. A disposition of property, to take effect after the death of 
 the person making it ; originally, per!iaps, a disposition of personal 
 property. 
 
 Testamentary, Pertaining to a will ; derived from, founded on or ap- 
 pointed by a will Testamentary capacity: mental condition such 
 as to admit of the making of a valid will. Testamentary causes: 
 causes or matters relating to the probate of wills, the granting of 
 administrations, the suing for legacies, etc. Testamentary guard- 
 ian: a guardian appointed by the last will of a father, for the per- 
 son, and real and personal estate, of his child. 
 
 Testamentum, I In old English law. A disposition of property made 
 in contemplation of death ; a will ; a writing by which conveyances 
 of lauds and other things were made. 
 
654 TESTAMENTUM — TESTIS. 
 
 In the civil law. A testament; a will or last will. Testamentiira est 
 voluntatis iiostrtB justa sententia, de eo quod qnis post mortem 
 snam llerl velit: a testament is the formal expression of one's will, 
 respecting wliat one would have done after his death. 
 
 Testari, I. In the civil law. To testify ; to attest ; to declare, publish or 
 make known a thing before witnesses ; to make a will. 
 
 Testate. A person who has made a will ; one who dies leaving a will. 
 
 Testato, I. In the civil law. Testate ; having made a will. 
 
 Testator. One who makes or has made a testameat or will ; one who 
 dies leaving a will. Testatrix: a female testator. 
 
 Testatum, I. Testified; the name of a clause inserted in a writ of 
 
 capias or execution, issued after the return of non est inventus or 
 
 nulla bona to a previous writ to the sheriff of a different county, ,re- 
 
 , citing the former writ, and that it is testified that the defendant 
 
 lurks, etc. Testatum writ: a writ containing a testatum clause. 
 
 Testatus, I. In the civil law. Testate ; one who has made a will. Tes- 
 tatus et intestatus: testate and intestate. 
 
 Teste, I. Witness ; the name of the attestation clause of a writ, and 
 particularly applied to the day on which the writ is witnessed, or 
 issued. 
 In old English law. The initial and emphatic word of the clause at 
 the conclusion of writs, containing the attestation of the sovereign, 
 or chief justice out of whose court it was issued, and the day on 
 which it was issued or granted. Teste meipso: witness ourself ; a 
 solemn form of attestation of charters, and other public instru- 
 ments, and of original writs out of chancery. 
 
 Testes, I fr. In old English law. Heads ; polls. 
 
 Testes, I. In the civil and old English law. Witnessea 
 
 Testlbus deponentibns in pari numero, dignioribus est credendnm, L 
 Where the witnesses who testify are in equal number [on botli 
 sides], the more worthy are to be believed, v. Ponderatur, eta 
 
 Testilleare, I To testify ; to bear witness. 
 
 Testify. To bear witness ; to declare under oath or affirmation for the 
 purpose of proving some fact 
 
 Testimonia ponderanda sunt, non nnmeranda, I. Evidences are to be 
 weighed, not numbered or counted, v. Ponderatur, etc. 
 
 Testimonium, I. Testimony; attestation. Testimonium clause: the 
 clause at the end of an instrument, beginning "In witness whereof," 
 etc. 
 
 Testimony. Evidence of a witness, or witnesses. 
 
 Testis, I In the civil and old English law. A witness. Testis cor- 
 rnptns: a bribed or corrupted witness. Testis de visu prsepon- 
 derat allis: an eye-witness is of more weight than others. Testis 
 incerlns: a doubtful witness ; a witness who testifies from hearsay. 
 Testis inimicns: an unfriendly witness. Testis jnratus: a sworn 
 witnesal 
 
TEXTUSt-THIRD-BOEOW. C55 
 
 Textns Hoffensis, I. I. In old English law. The Rochester Text,— an 
 ancient manuscript containing many of the Saxon laws, and the 
 rights, customs, tenures, etc., of the church of Rochester, said to 
 have been drawn up by Ernulph, bishop of that see from 1114 to 
 1124 
 
 Thanage of the king. In old English law. A certain part of the king's 
 land or property, of which thp ruler or governor was called thane. 
 
 Thane, thayne. InSaxonlaw. A noble ; a freeman of the highest rank ; 
 a king's tenant. 
 
 Theft. V. Larceny. 
 
 Theft-bote. " In old English law. The receiving of goods from a thief, 
 to favor and maintain him. 
 In Saxon law. A sum paid by way of composition or satisfaction for 
 a theft. 
 
 Theme, them, team, sax. In tSaxon law. The power of having juris- 
 diction over naifs or villeins, with their suits or offspring, lands, 
 goods and chattels, 
 
 Theu, sax. In old English law. A slava 
 
 Thenningmannagemote, sax. In Saxon law. A court of original ju- 
 risdiction open only to the king's thegns or tenants in capite, which, 
 in the time of Edward the Confessor, came to be called the Aula 
 Regis. 
 
 Theoden, sax. In Saxon law. A husbandman or inferior tenant; an 
 under thane. 
 
 Theodosian code. v. Code of Theodosius. 
 
 Theolonium, theolnetum, theloninm, tholoninm, tholloninm, I I In 
 old English law. Toll. 
 
 Theothing, thething, sa.T. InSaxonlaw. A tithing. Theothing-man: 
 a tithing-man. 
 
 Thesaurus, /. In old English law. Treasury, or exchequer. Thesau- 
 rus absconditns: treasure hidden, or buried. Thesaurus inven- 
 tus: treasure found ; treasure-trove. 
 In the civil law. Treasure ; a sum of money hidden or buried ; a de- 
 posit or concealment of money made time out of memoiy so that it 
 is now without an owner. 
 
 Theyn, sax. In old English law. A freeman. 
 
 Thift, sc. In Scots law. Theft Thift-bnte: theft-bote. 
 
 Thing, thung, sax. In Saxon law. A lathe, or hundred. 
 
 Things. The most general denomination of the subjects of property-. 
 Things personal: things movable, which attend the pereon of the 
 owner, as money, goods and the like. Things real: things perma- 
 nent, immovable, as lands and tenements. 
 
 Tliingns, I. I In old English law. A nobleman ; a knight or freeman ; 
 a thane. 
 
 Third night, v, Agenhine. 
 
 Third-borow. In old English law. A constable. 
 
656 THffiDEN-DELE — TIPSTAFF. 
 
 Thirden-dele, o. eng. Third part 
 
 Thlrlage. In Scots law. A service by wliich the possessor of lands was 
 bound to carry his grain to a certain mill to be ground, and to pay a 
 duty therefor called a multure. 
 
 Thornton. The author of a Summa, or abridgment of Bracton, written 
 in the reign of Edward I. ^ 
 
 Thread. A middle line ; a line running through the middle of a stream 
 or way. 
 
 Thrithiug, tritliing:, sax. In Saxon and old English law. The third 
 part of a county ; a division of a county consisting of three or more 
 hundreds. 
 
 Tliuringfiaii code. One of the barbarian codes ; supposed by Mon- 
 tesquieu to have been given by Theodoric, king of Austrasia, to the 
 Thuringians. 
 
 Tliuthinga, I I. A tithing. 
 
 Tide water. A place whei-e the tide in the ordinary course of things 
 ebbs and flows. 
 
 Tiel, til, pi. tielx, tiex, tieux, tilz, I fr. Such. 
 
 Tierce, tiers, I fr. Third ; a third part Tierce mien: third hand. 
 
 Timber. Trees fit to be used in building. 
 
 Time. A word expressive both of a precise point, and of an interval be- 
 tween two points. Time immemorial: time out of memory ; time 
 out of mind. Time out of memory: time beyond memory ; time 
 out of mind ; time to which memory does not extend. Time pol- 
 icy; a policy of insurance in which the risk is limited to a certain 
 term. 
 In English law. Time of memory: time commencing from the be- 
 ginning of the reign of Richard 1. 
 
 Timer, L In the civil law. Fear. 
 
 Tiiiel, I fr. A place where justice was administered. Tinel le roy: 
 the king's hall. 
 
 Tinemau, sax. In old forest law, a petty officer of the forest who had 
 the care of vert and venison by night 
 
 Tinewald. The ancient parliament, or annual convention in the Isle of 
 Man, held upon Midsummer-day, at St John's chapel. 
 
 Tinnellus, I. I. In old Scots law. The sea-mark; high-water mark; 
 tide-mouth. 
 
 Tin-penny. In Saxon law. A customary tribute paid to the tithing- 
 man, to support the trouble and charge of his office. 
 
 Tinsel of the feu. In Scots law. The loss of the feu, from allowing two 
 years of feu duty to run into the third unpaid. 
 
 Tippling-house. A place where intoxicating liquor is sold by the 
 dram ; a public drinking house. 
 
 Tipstaff. In English law. A ministei'ial ofl^cer who attends the judges 
 in court, and at chambers, and is particularly charged with the cus- 
 tody of prisoners. 
 
TITHES— TOLER 657 
 
 Tithes. In English law. The tenth part of the increase, yearly arising 
 from the profits of lands, the stoclj on lands, and the industry of the 
 inhabitants, being an ecclesiastical inheritance collateral to the estate 
 of the land, and due only to an ecclesiastical person by ecclesiastical 
 law. Tithes are, by statute 6 & 7 Will. IV., c. 71, commuted into a 
 rent charge, annually adjusted with reference to the annual price 
 of grain. Titlies are mixed, or such as do not arise immediately 
 from the ground, but from things nourished by the ground, as calves, 
 lambs, chickens, milk, cheese, etc. ; persona!, or such as arise by the 
 industry of man, being the tenth part of the clear gain, after charges- 
 deducted ; prsedial, or such as arise immediately from the ground, 
 as grain of all sorts, hay, wood, fruits and herbs. 
 
 Tithing'. In Saxon law. The number or company of ten freeholders, 
 with their families, who dwelt together and were sureties for the 
 good behavior of each other. 
 
 Titliing-man. In modern law, a constable. In New England, a parish 
 oflHcer annually elected to preserve good order during divine serv- 
 ice, and to make complaint of any disorderly conduct 
 In Saxon law. The head or chief of a tithing ; one of the ten free- 
 holders or pledges who composed the tithing, annually appointed to 
 preside over the other nine, 
 
 Tithing-peny, thething peny, tedinpeni. In Saxon and old English 
 law. Money paid to the sheriflf by the several tithings of the county. 
 
 Title. The means by which the owner of land has just possession ; a 
 caption, heading, name or designation of a book, writing, or some 
 principal portion of the same ; the name of an office, naval or mili- 
 tary, or of the holder thereof; an addition to-a name, indicating 
 office or honor. Title deeds: deeds which evidence title to lands ; 
 muniments of title. 
 
 Titalns, I In old English law. Title; ground of ownership of land; 
 a lawful cause or ground of possession. Titnlas est jiista eausa 
 possideudi id qaod.nostrnm est: title is the lawful ground of pos- 
 sessing that which is oura 
 In old ecclesiastical law. A temple or church ; the material edifice. 
 In the civil law. Title ; tlie source or ground of possession ; the means 
 by which possession is acquired, whether lawful or not 
 
 To. A term of exclusion, unless manifestly used in a different sense. 
 
 To wit. Literally, to know, — a term used to call attention, or to intro- 
 duce a detailed statement of what has been mentioned generally. 
 
 Toft, Toftnm, L In old English law. The place where a messuage has 
 stood ; the site of a decayed housa 
 
 Toftman. In old English law. The owner of a toft 
 
 Toll, toyle. In Scots law. Toll 
 
 Tol, thol. V. Toll 
 
 Toler, toller, I. /r. To take away. Tolet, tolets, tols, tolaz, tole 
 taken away, 
 42 
 
658 TOH--TORTURA. 
 
 Toll, In old English law. To take away ; to bar, or defeat. 
 
 Toll. A duty imposed on travelers and goods passing on public ways. 
 In English law. A reasonable sura due to the lord of a fair or market 
 for tollable things sold there, Toll-thoroug'h : a toll for passing 
 through a highway, or over a ferry or bridge. Toll-traverse: a toll 
 for passing over a private nnan's ground. Toll-turn: a toll on beasts 
 returning from a market. 
 In Saxon and old English law. A liberty to buy and sell within the 
 precincts of a manor ; the liberty of having a fair or market ; a cus- 
 tom or port duty ; a lord's right of having tallage of his villeins. 
 
 Tolle voluntatem, et erit oinnis actus indlfferens, /. Take away will 
 and every act will become indifferent 
 
 Tollers, I. In the civil laio. To lift up ; to take away ; to defeat ; to 
 bring up. 
 
 Tollitur oinnis obligatio solutions ejus quod debstnr, I. Every obli- 
 gation is dissolved by the payment of what is due. 
 
 Tolnstum, thsolnetum, /. I. In old English law. Toll ; a tax or charge, 
 
 Tolsestsrj tolsaster, tolcsstsr. In old English law. A toll or tribute 
 of a sextary or sester of ale, paid by tenants of some manors for 
 liberty to brew and sell ale. 
 
 Tolt. In old English law. A writ by which a cause pending in a court- 
 baron was removed to the county court. 
 
 Tolta, I. I. In old English law. A pi-ocess for removing a cause from 
 a court-baron, or from any temporal court ; extortion. 
 
 Tonnage. As applied to vessels, capacity in tons of one thousand cubic 
 feet each. Tonnage tax: a duty on tonnage; a duty levied on ves- 
 sels according to their tonnage. 
 
 Tonnaginin, /. I. In old English laiv. A custom or impost at so much 
 a ton on wines and other merchandise. 
 
 Tonodsrash. In old Scots law. A thief-taker. 
 
 Tonsura, I, Tonsure. In old English law. A shaving, or polling ; the 
 baving the crown of the head shaven. 
 
 Tontine. A loan raised on life annuities, with the benefit of survivorship. 
 
 Tool. An instrument of manual operation, particularly such as is used 
 by a mechanic or a farmer. 
 
 Torcenouss, Z. /r. Wrongful; injurious; tortious. 
 
 Tornars, /. I. To turn ; to return. 
 
 Tornetum, I. I. In old English law. A tax or acknowledgment paid to 
 the sheriff, for holding his tourn. 
 
 Tort, I fr. and eng. Wrong ; legal wrong ; an injury arising from some 
 breach of duty to a person, not a mere violation of contract Tort 
 feasor: a wrong-doer ; a trespasser. 
 
 Tortious. Wrongful ; having the quality of a tort 
 
 Tortuin, Z. Crooked; injustice; the opposite of right 
 
 Tortura leguin psssima, I The torture or wresting of laws is the worst 
 [kind of torture]. 
 
TOT — TRADR 659 
 
 Tot, I fr. All ; although. Tot a primer: as soon ; immediately. Tot 
 en tot: wholly ; entirely. Tot fois, tot Toies: always. Tot le meins: 
 full at the least Tot outre: entira 
 
 Tota cnrla, 1. 1 In old English law. The whole court Tota curia 
 contra eum: the whole court against him. 
 
 Total loss. A loss on account of which the assured is entitled to recover 
 from the underwriter the whole amount of his subscription. Such 
 a loss may arise either by the total destruction of the thing insured, 
 or by such damage to it as renders it of little or no value. It is ab- 
 solute when the subject wholly perishes, or its recovery is hopeless ; 
 and it is constructive when the subject is not wholly destroyed, but 
 its destruction is rendered highly probable, and its recovery, though 
 not utterly hopeless, is yet exceedingly doubtful. 
 
 Totidem verbis, I. In so many words. 
 
 Toties quoties, I. As often as ; as often as it shall happen. Toties quo- 
 ties sibi, aut eorum numero majori, conveniens fore vldebitnr: 
 as often as it shall seem meet to them, or the greater number of 
 them. 
 
 Totis viribus, L With all one's might or power. 
 
 Totum, I. The whole; all. Totnm pr'sefertar unicniqne parti: the 
 whole is preferred to any single part 
 
 Touch. In the law of marine insurance, to stop at : to stop at a port 
 for purposes of trade, there being no unnecessary delay and no en- 
 hancement of the risk. 
 
 Toucher, I. fr. In old English law. To relate to ; to affect ; to touch. 
 
 Tonrn, torn, turn. In old English law. The county criminal court 
 held before the sheriff twice a year, in every hundred of the king- 
 dom. 
 
 Tout, I. fr. All. Tout atrenche: altogether ; entirely. Tout temps 
 prist: always ready, — the emphatic words of the old plea of tender. 
 Tout nn sound: all one sound; sounding the same. 
 
 Town. A collection of houses in one neighborhood, — a generic term, 
 comprehending cities, boroughs and common towns ; in modern 
 law, usually a collection of houses larger than a village ; in New 
 England, and in some other states of the Union, a subdivision of a 
 county. 
 In English lato. Town-reeve: the reeve or chief officer of a town. 
 
 Tracea, I. I. In old English law. The track or trace of a felon, by 
 which he was pursued, with the hue and cry. 
 
 Tractare, I In old Engllth law. To treat, or handle ; to draw or drag. 
 Tractari et suspendi: to be drawn and hanged. 
 
 Tradas in ballium, I. I. In oldrEnglish laio. Denver you to bail; the 
 name of a writ which issued for a person who on the writ de odio et 
 alia was found to have been maliciously accused of a crima 
 
 Trade. The act or business of exchanging commodities by barter, or 
 of buying and selling for money ; the business which a person has 
 
660 TRADE — TRANSFElRRE. 
 
 learned and carries on for a living. Trade-mark: a distinctive 
 mark used by persons in trade ; a distinctive mark or device put 
 upon manufactured goods to distinguish them from others. 
 
 Trader. One who trades ; one vrho is engaged in trade, or the business 
 of buying and selling. 
 
 Traders, i. To deliver; to transfer the possession. 
 
 Tradesman. In a large sense, any person engaged in mechanical pur- 
 suits ; in the United States, a mechanic or artificer of any kind ; in 
 England, a shop-keeper. 
 
 Traditio, I. In old English law. Delivery or livery. Traditio loqnl 
 facit chartam: delivery makes a deed speak. Traditio rei: deliv- 
 ery of a thing. 
 In the civil law. Delivery; transfer of possession; a giving possession 
 of a corporeal thing. Traditio clavlum: delivery of the keys ; a 
 symbolical delivery, by which the ownership of goods sold might be 
 ' transferred to the buyer. Traditio nihil amplius transferre debet 
 Tel potest, ad enm qui accipit, qaam est apud eum qai traditt 
 delivery ought to, and can, transfer nothing more to him who r&- 
 ' ceives than is with him whp delivers. 
 
 Tradition. Delivery. 
 
 Traditor, I. I, In old English law. A traitor. 
 
 Traditur in ballium, /. U In old English law. Is delivered to bail,— 
 emphatic words of the old Latin bail-piece. 
 
 Trahere, I, Trahir, trair, I. fr. In old English law. To draw, as a 
 
 principal thing does an incident ; to, draw or bring in by superior 
 
 power; to bring into court ; to draw to execution. Trahere in pla- 
 
 citum: to draw into plea ; to make one a party to a suit ; to implead. 
 
 In the civil law. To put off ; to delay or protract 
 
 Trail-baston. Draw-staS; the name given to justices appointed by 
 Edward I. with extraordinary powers to try offenses, and particu- 
 larly the malpractices of sheriffs and other ofiScera 
 
 Traitorously. An essential word in indictments for treason. 
 
 Transactio, /. In the civil law. The settlement of a suit or matter in 
 controversy, by the litigating parties without arbitration. 
 
 Transcribere, I. To write over ; to copy ; to transcribe. 
 In the dvil law. To transfer ; to transfer one's rights to another. 
 
 Transcript. A copy, particularly of a record. 
 
 Transcriptum, I. In old practice, a transcript. 
 
 Transeat in exemplum, 2. Let it pass into an example. 
 
 Transfer. To carry or pass over; to -pass a thing over to another; to 
 convey. 
 
 Transfer. The passing of a thing or property from one person to an- 
 other; conveyance. 
 
 Transferre, I. In the civil and old English law. To bring over or 
 across ; to bring or carry from one place or person to another ; to 
 transfer. 
 
TRANSGRESSIO — TREASON. 661 
 
 Transgressio, I. In old English lato. Transgression ; violation of law 
 either by going beyond measure, or by doing less than one ought 
 out of malice or by negligence. Transgressio est cuin modns noii 
 servatur iiec menstira: transgression (or trespass) is when neither 
 moderation nor measure is observed. 
 
 Transient. Moving about Transient person: not a person on a jour- 
 ney from one known place to anotlier, but rather a mere wanderer. 
 
 Trausigrere, I. To press to a conclusion ; literally, to drive through. 
 In the civil law. To terminate a controversy ; to end or settle a mat- 
 ter in litigation. 
 
 Transire, 2. To go, or pass over; to pass from one thing, person or 
 place to another ; to become changed from one thing into another. 
 
 Transire, I. I. In old English law. A custom-house warrant or permit 
 for the passage of goods. 
 
 Transit in rem judicatam, L It passes into a matter adjudged; it be- 
 comes converted into a res judicata or judgment. Transit terra 
 cam onere: the land passes with the burden ; the land passes with 
 the incumbrance attached to it 
 
 Transitory. Passing from place to place ; that may pass or be changed 
 from one place to another. Transitory action: an action that may 
 be brought or the venue of which may be laid, in any county. 
 
 Transitns, I. Passage from one place to another; transit 
 
 Translate. In English law. To transfer. 
 
 Translation. Transfer ; a transferring. 
 In ecclesiastical law. The removal of a bishop from one diocese to 
 another. 
 
 Transportation. In English law. The sending of a person out of the 
 kingdom, as a punishment 
 
 Transumpt. In Scots law. A judicial transcript of a writing ; an au- 
 thorized, authentic copy, as of the evidences of title to land. 
 
 Transversa, I. I. In old English law. A toll or tribute paid for the lib- 
 erty of passage. 
 
 Trassans, I I. Drawing ; one who draws ; the drawer of a bill of ex- 
 change. 
 
 Trassare, /. I. In old Scots law. To draw ; to pursue by the foot-marks 
 or foot-steps. 
 
 Trassatns, I. I. One who is drawn, or drawn upon ; the drawee of a bill 
 of exchange. 
 
 Traverse. To deny. 
 
 Traverse. Denial ; a particular form of denial, otherwise called a spe- 
 cial or formal traverse. 
 
 Traverser, L fr. In old English law. To traverse ; to deny. 
 
 Traverser. One who traverses or denies. 
 
 Treason. The offense of attempting to overthrow the government of a 
 state to which the offender owes allegiance, or of betraying the state 
 into the hands of a foreign power. 
 
662 TREASON — TRESPASSER. 
 
 In old English law. The killing of a master by his servant, a husband 
 by his wife, or of any person by one who owes him faith and obedi- 
 ence, is petit treason. 
 
 Treasure trove. Literally, treasure found ; money or coin, gold, silver, 
 plate or bullion, the owner of which is unknown, found hidden {n 
 the earth or other private placa 
 
 Trekty. An agreement between two or more iiidependent states. 
 
 Treble costs. A rate of costs given in certain actions, consisting, ac- 
 cording to its technical import, of the common costs, half of these 
 and half of the latter. Treble damages: damages given by statute 
 in certain oases, consisting of three times the amount of the damages 
 found by the jury. 
 
 Frebuchet, tribuch, Trebuchetura, I In old English law. A tumbrel" 
 or cucking-stool. 
 
 Tres faciunt collegium, I. In the Roman law. Three make a corpora- 
 tion ; three members are requisite to constitute a corporation. 
 
 Treson, I. fr. Treason. 
 
 Tresor, I. fr. Treasure. Tresor mnsce en terre trove: treasure found 
 hidden in the earth. Tresor musce en terre et trove: treasure hid- 
 den in the earth and found. 
 
 Tresorer, I. fr. In old English law. A treasurer. 
 
 Tresorie. I. fr. Treasury. 
 
 Trespass. In the largest sense, any transgression or oflfense against tho 
 law of natui-e, of society, or of the country, whether to person pr 
 property ; in a stricter sense, an injury committed by one person 
 upon another with violence, actual or implied ; in the strictest sense, 
 an unlawful entry on land of another, with some damage, how- 
 ever inconsiderable, to his real property ; an action for any such in- 
 jury. Trespass de bonis asportatis: trespass for goods carried 
 away ; the name of the action where the injury consists in carrying 
 away the property. Trespass on the case: the action which lies for 
 injuries unaccompanied with force, or where the damage sustained 
 is merely consequential. Trespass qnare clausum tregit: trespass 
 wherefore he broke the close ; the action which lies for unlawfully 
 entering on another's land. Trespass vi et arrais: trespass with 
 force and arms; the action for injuries to person or property, when- 
 ever the act complained of was done with direct violence, actual or 
 implied. 
 
 Trespassaunt, I. fr. Passing over ; a passer by ; a passenger. 
 
 Trespasser, L fr. To pass over ; to pass by ; to pass away, to die ; to 
 transgress, to trespass. 
 
 Trespasser. A person who commits a trespass. Trespasser ab initio: 
 a trespasser from the beginning, or from the first act, — applied to 
 a person who, after a lawful entry, commits some wrongful act, 
 which by relation makes the whole a trespass. 
 
TRESTORNARE — TEIPARTITE. 663 
 
 Trestornare, 1. 1 In old English law. To turn aside ; to divert a stream 
 from its course ; to alter the course of a road. 
 
 Trcstonruer, I. fr. In old English law. To turn aside or divert from its 
 course. 
 
 Trethinga, 2. Z. In old English law. Atrithing; thecourtofatrithing. 
 
 Treyne, I. fr. In old English law. Drawn ; dragged to tlie scaffold. 
 Treyne et pendn: drawn and hanged. 
 
 Treyt, L fr. Drawn, or withdrawn, as a juror. 
 
 Trial. In a general sense, the formal Invest'gation and decision of a 
 matter in issue between parties, before a competent tribunal; in a 
 stricter sense, the examination before a competent tribunal, accord- 
 ing to the law of the land, of the facts in issue for the purpose of 
 determining the issue ; in the strictest sense, the examination and de- 
 cision of an issue in fact, by a jury, under the supervision of the 
 court' Trial at bar: a trial before all the judges at the bar of the 
 court Trial at nisi prius: the ordinary trial which takes place at 
 the sittings, assizes or circuit before a single judge. 
 
 Trlare, I. I In old English law. To try. Triabitur: shall be tried. 
 Triantar: are tried. 
 
 Triatio, 1. 1. In old English law. Trial. Triatio bilfnguis: trial by a 
 jury de medietate lingua. Triatio ibi semper debet fieri, ubi 
 juratores meliorem possunt habere notitiain: trial ought always 
 to be had where the jurors can have the best information. 
 
 Tribunal. A magistrate's seat ; a place from which justice is dispensed ; 
 any court 
 
 Tribunal, I. In the Roman law. An elevated seat occupied by the 
 prsetor when he judged or heard causes in form. 
 
 Tribute. A tax; that which is given by a subject to the sovereign of 
 a country ; a sum paid in acknowledgment of dependence. 
 
 Tribntnm, I. In the Roman law. Tribute. 
 
 Triers. Persons whose office it is to try the question of favor upon 
 challenge of a juror for that cause. The oflSce is now commonly 
 performed by the judge. 
 
 Trigamus, I. I. In old English law. A person who has been thrice 
 married. 
 
 Trigild, sax. In Saxon law. A triple gild, geld or payment; three 
 times the value of a thing, paid as a composition or satisfaction. 
 
 Trinity term. One of the four terms of the English courts of common 
 law, beginning May 22d and ending .June 12th. 
 
 Trinoda necessitas, I. I. In Saxon law. A threefold necessity or bur- 
 den. A term used to denote the three things for which all land.s 
 were bound to contribute,— the repair of bridges, the building of 
 castles, miUtary service against an enemy. 
 
 Tripartite. Of three parts ; a term applied to an indenture where the 
 parties to it are arranged, and the indenture itself is executed, in 
 three parts. 
 
664 TRIPABTITUS — TRUE. 
 
 Tripartitus, I In the civil law. Consisting of three parts ; threefold. 
 
 Triplicacion, I. fr. In old English law. A rejoinder in pleading at 
 law ; the defendant's answer to the replication. 
 
 Triplicare, I. I In old English law. To rejoin ; to answer a plaintiffs 
 replication. 
 
 Triplicatio, I. In old English law. The defendant's answer to the rep- 
 lication ; a rejoinder. 
 In the civil law. The answer of the actor to the duplicatio 
 
 Triplicaunt, I. fr. In old English law. Rejoining. 
 
 Tristris, tristis, tritis, I. I. In old forest law, a freedom from the duty 
 of attending the lord of a forest in the chase. 
 
 Trithing, triding. In Saxon and old English law. A division of a 
 county, consisting of three hundreds ; the third part of a county ; a 
 court held for such a division. 
 
 Tritkingreve. In old English law. An oflBcer who governed a trith- 
 ing. 
 
 Tritingnm, I. I. In old English law. A trithing ; a division of a county 
 consisting of four or more hundreds ; a court held for such a division. 
 
 Triumviri, tresviri, I. In the civil law. Three men; subordinate 
 magistrates appointed for various purposes. Triumviri capitales: 
 magistrates having charge of prisons and of the execution of crim- 
 inals. Triumviri moiietales: magistrates having charge of the 
 mint. Triumviri nocturni; magistrates having charge of the 
 watch and the preventing of fires. 
 
 Triverbial days. In the civil law. Judicial or juridical days; days 
 allowed to the praetor for deciding causes. 
 
 Tronage. In old English law. A custom or toll for the weighing of 
 wool. 
 
 Trove, I. fr. Found. 
 
 Trover, I. fr. In old English law. To find. Trover plegg'es: to find 
 pledges. Trover suerte de sner: to find surety to sue or prosecuta 
 
 Trover. An action to recover the value of a personal chattel, or goods, 
 wrongfully converted by another to his own use, — so called from 
 the formal allegation that the defendant found the goods and con- 
 verted them to his own use. The action was originally an action on 
 the case upon facts as alleged, but maj' now be brought wherever 
 there has been a wrongful conversion. 
 
 Troveure, I fr. In old English law. A thing found, such as treasure, 
 wrecks, waifs, etc. 
 
 Trovour, /. fr. In old English law. A finder. 
 
 Truce. A suspension of hostilities between belligerent powere. Truce 
 of God: a suspension of arms which occasionally took place in the 
 middle ages, putting a stop to private hostilities, — so called because 
 promulgated under the authority of the church. 
 
 True bill. The indorsement made by a grand jury on a bill of indict- 
 ment when they find it sustained by the evidenca 
 
TRUST — TURPIS. 665 
 
 Trast. A confidence; a confidence reposed in one person for the bene- 
 fit of another; a confidence so reposed, respecting property; an 
 obligation arising out of confidence ; an obligation arising out of 
 a confidence that one will apply property faithfully according to 
 such confidence ; a right or interest, arising out of confidence ; an 
 equitable right or interest in property, which another holds in con- 
 fidence, as the legal owner. Trust deed: an instrument by which 
 an active tyust is created ; a deed given to secure a large class of 
 creditors, with power to sell in default of payment, — a kind of 
 mortgage. 
 
 Trustee. One who is intrusted with property for the benefit of another ; 
 one who holds the legal estate in property for the benefit of another 
 who is called the cestui que trust. Trustee process: the name 
 given, in the New England states, to the process of garnishment. 
 
 Truster. In Scots law. The creator of a trust 
 
 Try. To examine or investigate judicially; to examine by means of 
 judicial evidence. 
 
 Tuas res tibi habeto, I. In the Roman law. Have (or take) your things 
 to yourself. The form of words by which a man divorced his wife. 
 
 Tner, I. fr. To kill, or slay. Tne: slain. 
 
 Tneri, /. In the civil law. To protect ; to preserve ; to be protected. 
 
 Tnicion, I. fr. Protection. 
 
 Tuitio, I In the civil law. Protection ; defense. 
 
 Tulit, I. In old English law. Brought Tulit breve de recto: brought 
 a writ of right 
 
 Tnmbrell. In old English law. The ancient name of the castigatory, 
 or trebuchet 
 
 Tun, sax. A farm or town. A common termination in the names of 
 towns in England, now written ton. 
 
 Tone, /. Then. The correlative of nunc 
 
 Tungreve, sax. In Saxon law. The reeve or chief oflScer of a town ; a 
 town-reeve. 
 
 Tarba, I. In the civil law. A multitude, a crowd or mob, a tumultuous 
 assembly of persons, — ten or fifteen at the least, 
 
 Torbare, I. In old English law. To cut or dig turf. 
 In the civil law. To disturb ; to confound ; to mix together. 
 
 Tnrbaria, I. I. In old English law. The soil or ground from which turf 
 is dug ; a turbary or turf ery. 
 
 Turbary. In English law. A right or liberty of diggmg turf; the 
 ground where turves are dug. 
 
 Turnpike. A road having toll-gates or bars, called "turns" or "pikes," 
 for the barring of passage until toll is paid ; a toll-road. 
 
 Tnrnus, I. I. In old English law. Theturn ; the sherifl:'s court, so called. 
 
 Tnrpis, /. Base ; mean ; immoral ; infamous ; unlawful. Turpis causa: 
 a base or immoral consideration ; an iniquitous or unlawful consid- 
 eration. Turpis contractus: an immoral or iniquitous contract 
 
666 TURPIS — TWELVE-MONTa 
 
 Turpis est pars quas non conrenit [congrnit] cum suo toto: the 
 part which does not agree with its whole is of mean account [en- 
 titled to small or no consideration], v. Ex turpi, etc. 
 In the civil law. Turpis arbiter: a bribed or corrupted judge. Turpis 
 persona: an infamous person. 
 
 Turpitude, I. Baseness ; infamy ; immorality ; turpitude, v. Nemo al- 
 legaiis, etc. 
 
 Tut, I. fr. All ; a corruption of tout. Tut le reaume: the whole king- 
 dom. 
 
 Tutela, I. In the civil law. Tutelage; that species of guardianship 
 which continued to* the age of puberty. Tutela legitiina: legal 
 tutelage; tutelage created by .act of law. Tutela testainentaria: 
 testamentary tutelage or guardianship; tutelage created by will. 
 
 Tutela) actio, I. In the civil law. Ah action of tutelage ; an action 
 which lay for a pupil, on termination of tutelage, to compel the 
 tutor to account. 
 
 Tutelain reddere, I. In the civil law. To render an account of tute- 
 lage. Tntelam reposcere: to demand an account of tutelage. 
 
 Tutius erratiif ex parte initiori, /. It is safer to err on the milder 
 side. Tutius semper est errare acquietando, quam in puuiendo; 
 ex parte misericordia) quam ex parte justitiae: it is always safer 
 to err in acquitting than in punishing ; on the side of mercy than 
 on the side of justice. 
 
 Tutor, i. In old English law. A guardian, — no distinction being made 
 between tutor and curator. 
 In Scots law. A guardian who has charge of persons under age, — • 
 
 the word being used in the sense of the civil law. 
 In the civil law. A guardian who had the charge of persons under 
 the age of puberty, and also the care of their affairs. 
 
 Tuz, I. fr. All,— a corruption of touts. Tuz ceuz: all those. 
 
 Twa night gest, sax., Secunda nocte, gust, *, L' autre nuyt, geste, I fr. 
 In old English law. On the second night, a guest, — a person who 
 was entertained in the house o( another on the second night of his 
 entertainment. 
 
 Twaite. In old English law. A wood grubbed up, and turned to arable 
 land. 
 
 Twelfhende, twelfhind, twelfliundemen, sax. The highest order of 
 persons under the Saxon government, rated at twelve hundred shil- 
 lings. 
 
 Twelve Tables. A celebrated body of Roman law, framed by persons 
 appointed for the purpose, 451 B. C. It consisted mainly of ancient 
 Roman laws and usages, but in part of new provisions, and in part 
 also of the institutions oi other nations, altered to suit Roman man- 
 ners. 
 
 Twelve-month. A whole year, though " twelve months " are to be reck- 
 oned at twenty-eight days to the month. 
 
TWIGILD — UBL 667 
 
 'I'wigHd, sax. In Saxon law. A double payment, or conaposition for 
 one offensa 
 
 Twyne's case. The leading ease on fraudulent conveyances. It is re- 
 ported 3 Co. 80. 
 
 Tyhtlan, sax. In Saxon law. An accusation of an offense. 
 
 Tymborale, I. I. In old English law. The tumbrell. 
 
 Tyrrell's case. The case which decided that there could not be a use 
 upon a use. It is reported Dyer, 155a. 
 
 U, I. fr. Or. TJ. K.: an abbreviation of uti rogas, q. v. 
 
 Uberrima fldes, I The most abundant or abounding good faith. A 
 phrase of the Roman law, used in the modern books. 
 
 Ubi, I. Where, as an adverb of place ; where, in the sense of when, ex- 
 pressive of circumstance. Ubi aliquid: where anything ; — con- 
 ceditnr, conceditur et id sine quo res ipsa esse non potest: where 
 any thing is granted, that also is granted without which the thing 
 cannot exist ; — inipeditur propter unnui, eo reraoto, tollitur iin- 
 pediineutuiu: where any thing is impeded by one single cause, if 
 that be removed, the impediment is I'emoved. Ubi cessat reme- 
 diniu ordinariuin, ibi decurritur ad extraordinarinm: where the 
 ordinary remedy fails recourse must be had to an extraordinary 
 one. Ubi culpa est, ibi poena subesse debet: where the crime is 
 committed, there ought the punishment to be undergone. Ubi 
 damna dantar, Tictas rictori in expeusis coudcmnari debet: 
 where damages are given, the vanquished party ought to be con- 
 demned in costs to the victor. Ubi eadem est ratio, or ubi eadein 
 ratio: where the reason is the same ; — ibi idem jus erit: where 
 the reason is the same, there the law will be the same ; — ibi idem 
 jus: where the reason is the same, there the law is the same; — ibi 
 idem jus esse debet: where the same reason is, there the same law 
 ought to be. Ubi factum nullum, ibi fortia nulla: where there is 
 no fact there can be no force ; where there is no principal fact or 
 act done there can be no accessory act Ubi jus, ibi remedium: 
 where there is a right there is a remedy ; where the law gives 
 a right it gives a remedy for the recovery of such right. Ubi 
 lex: ■ where the law ; — aliquem cogit ostendere causam, ne- 
 cesse est quod causa sit jnsta et legitima: where the law com- 
 pels a man to show cause, it is necessary that the cause be just and 
 lawful; —est specialis, et ratio ejus generalis; generaliter ac- 
 cipienda est: where a law is special, but the reason of it general, it 
 is to be taken generally ; — non distinguit, nee nos distinguere 
 debemus: where the law does not distinguish, neither ought we to 
 distinguish. Ubi major pars est, ibi totum: where the greater part 
 is, there the whole is. Ubi matrimonium, ibi dos: where there is 
 marriage there is dower. Ubi non est: where there is no ; — cou- 
 dendi auctoritas, ibi non est parendi neeessitas: where there is 
 
668 UBI-ULTERIU& 
 
 no authority for establishing a rule there is no necessity of obeying 
 it; — directa lex, standnin est arbitrio jadicis, vel procedendnm 
 ad similia: where there is no positive law [applicable to a case], it 
 must rest in the discretion of the judge, or it must be determined by 
 the principles of similar cases; —lex, ibi iion est transgressio, 
 quoad inundum: where there is no law there is no transgression, as 
 far as relates to the world; — principalis, non potest esse acces- 
 Borius: where there is no principal there can be no accessory. Ubl 
 nulla est conjectnra quas ducat alio, verba intelligenda sunt ex 
 proprietate nou graminatica, sed popnlari ex usu: where there is 
 nothing to call for a different construction, [the] words [of an In- 
 strument] are to be understood, not according to their strict gram- 
 matical meaning, but according to their popular and ordinary sense, 
 V. Si nulla, etc. Ubi nuUnm matrimoniuni, ibi nulla dos: where 
 there is no marriage there is no dower, v. Ubi matrimonivm, etc. ; 
 Ubieimque matrimonii, etc. Ubi quid generaliter conceditur, 
 Inest hicc exceptio, si non aliqnid sit contra jus fasque: where a 
 thing is granted generally, this exception is always implied, that 
 there be nothing contrary to law and right. Ubi quis delinqnit, 
 ibi punietur: where a man oflEends, there he shall be punished. 
 Ubi re vera: where in realitj'; where in truth, or in point of fact 
 In the civil law. Ubi pngnantia inter se in testamento jnberen- 
 tur, neutrum ratum est: where repugnant or inconsistent direc- 
 tions are contained in a will, neither is valid. Ubi verba conjancta 
 non sunt, sufflcit alterutrum esse factnm: where words are not 
 conjoined [used. conjunctively], it is sufficient that either one [of the 
 things expressed] be done. 
 
 Ubicnnque, I. Wherever. Ubicuhque est injuria, ibi daninnm se- 
 qnitur: wherever there is an injury, there a damage results. 
 In English law. Ubicnnque ftierimus in Anglia: wheresoever we 
 shall be in England, — the style of the return of writs in the court 
 of King's Bench, it being in theory a movable court, attendant on 
 the sovereign's person. 
 Jn the civil law. Ubicnnque matrimonii nomen non est, nee dos 
 est: wherever there is not the name of marriage neither is there a 
 dower. 
 
 Ul, nlle, I. fr. Any ; any one. 
 
 Ulna, /. In old English liiw. An ell, the same, it seems, as the modern 
 yard. Ulna ferrea: the iron ell ; the standard ell of iron, kept in 
 the exchequer for the rule of measure. 
 
 Ulnagium, I. I. In old English law. Aulnage, or alnage ; ell or yard 
 measure. 
 
 Ulnare, I I. In old English law. To measure by the ulna or ell ; to 
 measure cloth. 
 
 Ulnator, I. I. In old English law. A measurer ; an alnager. 
 
 Clterins concilium, I. I. Further argument ; further consideration. 
 
ULTIMA — UNANIMITY. 6(!9 
 
 Ultima,?. The last; the extremest,— literally, the remotest. Ultima 
 
 ratio: the final argument ; the last resort 
 ' In old English law. Ultima rolnntas: last will ; the last will. Ul- 
 tima voluntas testatoris est perimplenda secimdnm veram inten 
 tioiiem suam: the last will of a testator is to be fulfilled according 
 to his true intention. 
 
 Ultimum, L The extreme. Ultimiim tempns pariendi: the extreme 
 period of bearing ; the extreme period between the conception and 
 the birth of a child. 
 In the civil law. Ulliranm snpplicium: the extreme punishment; 
 the punishment of death; —esse mortem solam interpretamnr: 
 we interpret the extreme punishment to mean death only. 
 
 Ultimas lieeres, 2. In old English law. The last heir,— applied to the 
 lord to whom an escheat fell. 
 
 Ultra, /. Beyond ; the ppposite of infra. Ultra tines inandatl: beyond 
 the limits of the mandate; beyond the authority as an agent 
 Ultra mare: beyond sea. Ultra petitia: beyond things demanded, — 
 a term applied to a judgment or decree for more than the plaintiff 
 asked. Ultra yalorcm: beyond the value. Ultra vires: beyond 
 the powers or capacity ; the docti'ine which forbids corporations to 
 exceed the powers expressly conferred upon them or powers-neces- 
 sary to the exercise of the powers so conferred. A corporate act is 
 ultra vires where it is beyond the power of the corporation in any 
 circumstances ; where it is beyond its power for the specific purpose ; 
 where it can be performed only with the consent of certain persons. 
 
 Ultre, I fr. Beyond ; more than ; longer than. 
 
 Ultroneous witness. In Scots law. A volunteer witness. 
 
 Um, un, om, on, L fr. A man ; one ; any one. 
 
 Umbesetting', o. sc, In old Scots law. Obstructing or besetting. 
 
 Umbilicus, I. The navel ; the center of anything. The name given to 
 the fourth and middle part of the Digests. 
 
 Umpirage. Decision by an umpire. 
 
 Umpire. A person to whom a matter submitted to arbiti'ators is re- 
 ferred, in case of their disagreement, for final decision. 
 
 Un, fr. One. Un bricfe fnit abatus: a writ was quashed. Un foltz: 
 once ; once upon a time. Un ne doit prise advantage de son tort 
 demesne: one ought not to take advantage of his own wrong. 
 
 Una cum, I I Together with. Una cum omnibns aliis: together with 
 all other things, — in old conveyancing. Una persona vix potest snp- 
 plere vices duarum: one person can haVdly fill the places of two. 
 Una voce: with one voice; unanimously. 
 
 Unanimiter, 11 In old English law. Unanimously; without dissent 
 
 Uranimitj. The entire agreement or concurrence of a petit jury in 
 their verdict, — all the jurors being of one and the same mind. Now 
 uniformly required in English and American practice, though otlier- 
 wise anciently. 
 
670 UNARE — UNDERWRITER. 
 
 Unare, 1. 1 In old English law. To unite. 
 
 Uiiciarins hxres, I In the Roman law. An heiv to one-twelfch of 
 an estate or inheritance. 
 
 Unconscionable bargain. A bargain which no man in his senses would 
 make, and which no honest man would accept ; an inequitable bar- 
 gain. 
 
 Uncore, I. fr. Still : again ; once more. Uncore prist: still ready, — 
 formal words in the old plea of tender. 
 
 Uncutll, sax. In Saxon law. Unknown ; a stranger, — a person enter- 
 tained in the house of another on the first night of his entertainment. 
 
 Unde, I. Whence ; wherefrom ; whereof ; whereupon. 
 In old English law. Unde nihil liabet: whereof she hath nothing ; 
 the name of the writ of dower, which lay where no dower had been 
 assigned. Unde rectatiis est: whereof he is accused. 
 In the civil law. Unde cognati: whereof cognates, — a species of the 
 bonorum ,possessio granted to cognates, or relations on the part of 
 the mother. Unde legitinii: whereof the lawful heirs, — a species 
 of the bonorum possessio granted to agnates, or the lawful heirs. 
 Unde liberi: whereof those free, — a species of the bonorum possessio 
 granted to emancipated children, or the proper heirs of the deceased. 
 Unde vi: wherefrom by force, — the technical name of that species 
 of interdict which was granted to recover the possession of an im- 
 movable thing wherefrom a person had been ejected by force. Unde 
 Tir et uxor: whereof husband and wife, — a species of the bonorum, 
 possessio granted to a husband or. wife, by which they succeeded 
 each other, on failure of the cognati. 
 
 Undefended. Without defense or denial. 
 
 Under. Beneath, below; subordinate. Under age: not of the age of 
 legal capacity. Under sherift: a person appointed by the sheriff to 
 perform all his ordinary duties in his behalf, and on whom the 
 whole dutiesof the office devolve, in case of a vacancy by death or 
 otherwise, until a new sheriff is chosen, — not to be confounded with 
 deputy sheriff. Under tenant: a tenant under one who is himself 
 a tenant. 
 
 Underlease. A lease granted by one who is himself a lessee for years 
 for a term less than he himself holds. 
 
 Uuderly, underlie, sc In Scots law. To abide by ; to submit to. 
 
 Underwriter. In the law of marine insurance, an insurer, so called 
 from his underwriting or subscribing the policy. The term is con- 
 stantly applied to insurers, whether corporations or private persons, 
 but more properly to the latter, since the term was derived from the 
 English practice, under which marine insurance is commonly un- 
 dertaken by private persons, a certain number of whom usually sub- 
 scribe the policy, each engaging, on his own separate account^ to 
 indemnify to the extent of a particular sum. 
 
UNDIQITE-UNrvnSRSAI* 671 
 
 Uwdique, I. On all sides; from every quarter. Undique collatig 
 liienibris: members being collected from every quarter, — applied to 
 a contract compounded of different contracts. 
 
 TJudres, sax. In old English law. Minors, or persons under age. 
 
 Uiigcld, sax. In Saxon law. One for whom no payment was to be 
 made. 
 
 Cniare. I. L To unite ; to make one ; to join in a body. 
 
 Unica taxatio, I. I. In old English law. A single taxation.-^- the tech- 
 nical name of the award of the venire on the record, where damages 
 on a default or demurrer were to be assessfd with those on an issue. 
 
 Unicuiqne licet contemnere hsec qnse pro se introdncta sunt, I It is 
 permitted to every man to renounce those privileges which have 
 been conferred for his benefit. 
 
 Unicus, I. A single one. 
 
 Uniform. Conforming to one rule or standard. 
 
 Uniformity of process act. The English statute of 3 Will. IV., c. 39, 
 establishing a uniform process for the commencement of actions in 
 the courts of law at Westminster. 
 
 Unilateral. Onesided. Unilateral contract: a contract in which the 
 party to whom an engagement is made makes no express agree- 
 ment on his part ; a contract in which there is a promise on one side 
 only. 
 
 Unitas, /. In old English law. Unity ; the uniting of two or more things. 
 Unitas juris: unity of right. 
 
 Unity. A similarity of estate among tenants in joint tenancy, consist- 
 ing in unity of interest, of possession, of time, and of title. Unity 
 of interest: one of the essential properties of a joint estate, — all the 
 tenants being entitled to one period of duration or quantity of inter- 
 est Unity of possession: one of the essential properties of a joint 
 estate,— each of the tenants having the entire possession as well of 
 every parcel as of the whole. Unity of time: one of the essential 
 properties of a joint estate. — the estates of the tenants being vested 
 at one and the same period. Unity of title: one of the essential 
 properties of a joint e.state,— the estate of all the tenants being cre- 
 ated by one and the same act 
 
 Unins omnino testis responsio non audiatnr, I In the civil law. The 
 answer of one witness shall not be heard at all ; the testimony of a 
 single witness shall not be admitted under any circumstances. 
 
 Uniuscujusque contractus initinm spectandnm est, et causa, I In 
 the civil law. The commencement and cause of every contract are 
 to be regarded. 
 
 Universal legacy. In the civil laio. A testamentary disposition to one 
 or several persons of the whole of the property which the testator 
 leaves at his deceasa 
 
 Universal representation. In Scots law. Tho representation by an 
 heir, of his ancestor. 
 
672 UNIVERSALIA — UNUMQUODQTJK 
 
 TJiiiTersalia sunt notlora singnlaribus, I. Universal or general things 
 are more known than particular things. 
 
 Unlversitas, I. A thing complete, entire. Universitas honor ttm: a 
 
 , man's entire estate. \ 
 
 In the civil law. A corporation aggregate ; literally, a whole formed 
 out of many individuals. Universitas factl: a plurality of corporeal 
 things of the same kind, which are regarded as a whole. Univer- 
 sitas juris: a quantity of things of all sorts, corporeal as well as 
 incorporeal, which, taken together, are regarded as a whola Uni- 
 versitas rerum: a whole of things,— several single things, which, 
 though not mechanically connected, are, when taken together, re- 
 garded as a legal whole. 
 
 Universitatem vestram scire volumus, I In old English law. "We 
 will that all of you know. 
 
 Universnm jus, I. The entire right or estate. 
 
 Universns, I. The whole ; all together. 
 In old English law. The whole ; all. 
 
 Unkouth, /. fr. Unknown. 
 
 Unlage, sax. An unjust law. 
 
 Unlarich. In old Scots law. That which is done without law, or 
 against law. 
 
 Unlaw. In Scots law. An amercement for not appearing in court 
 
 Unlawful assembly. In American law. An assembly of three or 
 more persons having no avowed legal object, under such circum- 
 stances as to excite terror and consternation in the neighborhooti, 
 and to produce danger to the public peace. 
 In English law. An assembly of three or more persons to do an un- 
 lawful act, dissolved without doing It, or making any motion to- 
 wards it ; any meeting of great numbers of people, with such cir- 
 cumstances of terror as cannot but endanger the public peace and 
 raise fears among the subjects of the i-ealra. 
 
 Uno absurdo date, inflnita sequuntur, I. One absurdity being al- 
 lowed, numbers without end follow. Uno flatn: in one breath ; 
 — et uno intuitu: in one breath and in one view. 
 
 Unqnes, I. fr. Ever ; always. Unques prist: always ready, v. Tout 
 temps prist. 
 
 Unselemn war. War denounced without a declaration; war made 
 upon special declaration. 
 
 Unnni quid, I One thing, taken in a lump. 
 
 Unnmquodqne, I. Every one; everything. Uuumquodqne eodem 
 luodo quo colligatam est, dissolvltnr,— quo constituitar, des- 
 trnitur: everything is [pi-oporly] dissolved by the same means by 
 which it is put together, — destroyed by the same means by which 
 it is established. Unumquodqne est id quod est principal! ns in 
 ipso: everything is [in other words] that which is the more princi- 
 pal thing in it; the most important constituent of a thing repre- 
 
UNUMQUODQUE — USUCAPIO. (573 
 
 sents, or is the thing itself. TJnnmquodqne principionim est sibi- 
 metipsi fides; et perspicaa vera non sunt probanda: every general 
 principle [or maxim of law] is its own pledge or warrant ; and things 
 that are clearly true are not to be proved. 
 
 Uplifted hand. A form in which an oath is sometimes taken, the right 
 hand being held up while the oath is administered, instead of being 
 laid on the Gospels. 
 
 Upon. Resting on ; contained in ; iVi case of ; when. 
 
 Upper Bench. The court of King's Bench, so called during the exile of 
 Charles II. 
 
 Urban servitude. In the civil law. A servitude annexed to an urbam 
 estate, or prcedium urbanum. 
 
 Urbs, I. Jn the civil law. A city, — generally limited to the space withina 
 the walls, but in its application to Rome, inclusive of the suburbs. 
 
 Ure, L fr. and eng. In old English law. Effect ; practice. 
 
 Urer, L fr. In old English law. To enure. 
 
 Usage. The custom of a trade, either general or in a particular branch- 
 of business. 
 
 Usance, fr. The period fixed by usage as between countries for the- 
 payment of bills of exchange. 
 
 Use. Employment; application; profit, enjoyment; the right inequity 
 to have the profit or benefit of lands or tenements, — originally a 
 beneficial estate like a trust, but converted by the Statute of Uses, 
 27 Hen. VIII., c. 10, into the legal estate, v. Charitable use; Con- 
 tingent use; Residting use; Shifting use; Springing use. Use npon 
 a nse: the second use upon a conveyance, e. g. to A. to the use of B. 
 to the use of C, which was regarded as invalid, the legal estate pass- 
 ing upon such a conveyance to B. v. Tyrrell's case. 
 In the civil law. The bare use of a thing for necessary purposes. 
 
 Usee. A person for whose use a suit is brought 
 
 User de action, l.fr. In old English law. The pursuing or bringing 
 an action. 
 
 Usque ad, I. I As far as; till; until. Usque ad coelum: as far as the 
 heavens. Usque ad fllum aqua;: as far as the thread of the stream. 
 Usque ad inferos: as far as the center of the earth. Usque ad me- 
 dinm fllum aquae: as far as the middle thread of the stream. 
 
 Ust, I fr. Had. Ust este: had been. 
 
 Usnalis, I. In old English law. Usual, ordinary. Usnalis annus: the 
 ordinary year of three hundred and sixty-five days. 
 
 Usnarins, I, In the civil law. One who had the mere use of a thing of 
 another, for the, supplying of his daily wants; an usuary. 
 
 Usucapere, I In the civil law. To acquire by use ; to make one's own 
 by possession. 
 
 Usncapio, I In the civil law. The acquisition of property 6y continued 
 possession for a time defined bylaw, — a kind of prescription founded 
 on the Twelve Tables. 
 43 
 
074 USUFRUCT — USUS. 
 
 Usufruct. In the civil law. The right of using and enjoying the profits 
 of a thing belonging to another, without impairing the substance, — 
 usually for the life of the usufructuary. 
 
 Usufructuarius, I. In the civil law. One who had the usufruct of a 
 thing ; an usufructuary. 
 
 Usura, pi usurse, I In the civil law. Money given for the use of 
 money ; interest, the highest lawful rate of which, before the time 
 of Justinian, was twelve per cent per annum. Usnra manifesta: 
 open usury. Usura maritima: maritime interest. Usura velata: 
 veiled usury ; usury where the interest was added to the principal 
 of the obligation given for the loan. 
 In old English law. Interest, or usury, as it was called. Usnra dici- 
 tur quia datur pro usu seris: usury is so called because it is given 
 for the use of money. Usura est commodum certuin quod prop- 
 ter usura rei inutuatse recipitur; sed secundario spirare de ali- 
 qna retributione, ad voluntatem ejus qui mutnatns est, hoc non 
 est Titiosum: usury is a certain benefit which is received for the 
 use of a thing lent; but to have an understanding [literally, to 
 breathe or whisper] in an incidental way, about some compensation 
 to be made at the pleasure of the borrower, is not unlawful. 
 
 Usurare, Z. I. In old English law., To pay interest; to carry or be 
 chargeable with interest 
 
 Usurarlus, I. I. In old English law. An usurer. 
 
 Usurpare, I. In the civil law. To interrupt a use, or usucapion. 
 
 Usurpatio, I. In the civil law. The interruption of a usucapion, by 
 some act on the part of the real owner. 
 
 Usurpation. The exercise or use of an ofiBce or franchise without au- 
 thority. 
 In English ecclesiastical law. The absolute ouster of the patron of a 
 benefice, by prosecution by a stranger without right of a clerk, who 
 is admitted and instituted. 
 
 Usury. Unlawful interest ; a premium or compensation paid or stipu- 
 lated to be paid for the use of money beyond the rate of interest es- 
 tablished by law. 
 In old English law. A reward for the use of money ; interest 
 
 Usns, I. Use. Usns bellici: war-like uses. Usus fori: the practice of 
 the court, — of this jurisdiction.. Usus norma loqueudi: usage is 
 the rule for speaking. 
 
 ' In old English law. A use. Usns est dominium flduciarinm: a use 
 is a fiduciary ownership. Usus et status, sive posscssio, potins 
 dijferunt secundum rationem fori, quam secundum rationem rei: 
 the use and the estate, or possession, differ more in the reason of the 
 law than in the nature of the thing itself. 
 In the civil law. Use ; the use of a thing ; the right to the use of a 
 thing ; properly, the use of a thing, as land or a house, for the mere 
 purpose of supplying one's daily wants or necessities. Usus fructus: 
 
USUS — UTILITAa 675 
 
 use of the fruit ; the temporary right to the use of a thing without 
 the ultimate dominion. 
 
 Usnsfrnctns, I. In the civil law. The right of using and enjoying the 
 profits of things belonging to another, without impairing the sub- 
 stance of the thiiigs themselves. 
 
 Ut, t As; that; in order that Tit poena ad paucos, metas ad omnes 
 peryeniat: that the punishment may reach a few but the fear of it 
 affect all. Ut res magis valeat quam pereat: that the thing, or 
 subject-matter, may rather have effect than be destroyed, v. Bene- 
 dicta est, eta ; Benigne faciendm, etc. Ut supra: as abova 
 In old English law. Ut antiquum: as if ancient Ut audivi: as I 
 heard. Ut credo: as I believe. Ut currere solebat; as it was wont 
 to run. v. Aqua currit, etc. Ut de feodo: as of fee. Ut hospites: 
 as guests. 
 In the ciiHl law. Although ; as ; as though ; that when. 
 
 Utas, It In old English law. Octave ; the octave ; the eighth day fol- 
 lowing any term or feast 
 
 Uterine. Born of the same mother. 
 
 Uterinns, Z. In old English law. Uterine ; bom of the same mother. 
 
 Uterque, I. Both ; each. 
 
 Utfangthefe, utfangethef, sax. In Saxon and old En^liih law. Liter- 
 ally, an out-taken thief. Utfangethef vero dicitur latro extra- 
 nens, reniens aliunde de terra alieiia, et qni captns fnit in terra 
 ipsins qui tales Iiabeat libertates: utfangthefe signifies a strange 
 thief, who comes from another place, from another's land, and who 
 is taken in the land of him who has such liberties. 
 
 Uthesinm, I. In old English lam. Hue ; a form of hutesium. 
 
 Uti, I. In the civil law. To use ; strictly, to use for necessary pur- 
 poses. Uti frui: to have the full use and enjoyment of a thing, 
 without damage to its substance. 
 
 Uti, I As. Uti possidetis: as you possess, i. e. each keeping what you 
 respectively have ; a term expressive of the principle of a treaty 
 which leaves belligerents in possession of what they have acquired. 
 In the civil law. Uti possidetis: as you possess ; a species of inter- 
 dict, for the purpose of retaining possession of a thing, granted to 
 one in possession of an immovable thing at the time of contesting 
 suit, that he might be declared the legal possessor. 
 In the Roman law. Uti rogas: as you ask ; the words by which a 
 vote in favor of a proposed law was orally expressed ; — volo vel 
 jnbeo: as you ask, I will or order ; I vote as you propose ; I am for 
 the law. 
 
 Utile per inutile non vltiatur, I The useful is not vitiated by the 
 useless, — surplusage, i. e. does not vitiate what is otherwise good. 
 The maxim is derived from the civil law. 
 
 Utilis, I. In the civil law. Useful ; equitable ; available. 
 
 Utilitas, t Advantage; interest; profit 
 
676 UTITUE — VACARE. 
 
 trtitnr jure aactoris, I. He enjoys the rights of his assignor. Utitar 
 jure suo: lie exercises his own rights. 
 
 Utlagare, 1 1. In old English law. To outlaw ; to put out of the law ; 
 to put out of the protection of the law. 
 
 IJtlagaria, 1. 1. In old English law. Outlawry. 
 
 IJtlagatio, I. I In old English law. ' The outlawing of a person ; out- 
 la'wg-y. 
 
 Utlagatus, 1. 1, Utlage, I. fr., TJtlaughe, utlagh, ntlaghe, sax. In old 
 English law. An outlawed person ; an outlaw. Utlagatus est quasi 
 extra legem positus; caput gerit lupinum: an outlaw is, as it were, 
 put out of the law ; he carries a wolf's head. 
 
 IJtland, sax. In Saxon law. Outland, tenemental land ; lands which 
 lay without the demesnes of a manor. , 
 
 Utlep, utlepe, sax. In old English law. Escape ; the escape of a rob- 
 ber or robbers. 
 
 Utrubl, I. In the dvil law. With whichever ; a species of interdict for 
 retaining a thing to protect the possession of a movable thing ; the 
 mode of contesting the right to the possession of movable property. 
 
 Utrum, Z. Whether, v. Assise. 
 
 Iltrumque nostrum, I. I. Both of us. 
 
 Utter. To put out, or put forth ; to publish ; to put in circulation. 
 
 Utter, sax. Outer. Utter barristers: the title of the great body of 
 English barristers-at-law ; barristers not benchers, who plead with- 
 out the bar. 
 
 Uxor, I. Wife ; a wife ; the wife. Uxor et Alius sunt nomina natura;: 
 wife and son are names of natura Uxor furi desponsata non tene- 
 bitur ex facto yiri, quia virum accusare non debet, nee detegere 
 furtum suum, nee leloniam, cum ipsa sui potestatcLi non habeat, 
 sed Tir: the wife of a thief will not be bound by the act of her hus- 
 band, because she ought not to accuse her husband, nor disclose his 
 theft or felony, since she has not power of herself, but her husband. 
 Uxor non est sui juris sed sub potestate viri, cui in vita contra- 
 dicere non potest: a wife is not capable at law, but under the pro- 
 tection of her husband, whom she cannot contradict during his life. 
 
 V. ' An abbreviation of versus, vice, vide, volume. V. C: vice-chancellor. 
 Y. F.: verba fecit. Y. K.: Victoria regina, Victoria, queen. Y. Y. 
 B. C: vous voies Men coment. 
 
 Yacant. Unfilled ; empty ; unclaimed. Yacaut succession: a succes- 
 sion that is claimed by no person, — ^of which all the heirs are un- 
 known, or which all known heirs have renounced. 
 
 Yacantia bona, /. In the civil law. Goods unclaimed, or without an 
 owner ; goods escheated. 
 
 Yacare, I. In English ecclesiastical law. To be vacant; to be without 
 an incumbent Applied to a benefice. 
 In the civil law. To be vacant ; to want or to be without an owner, 
 possessor, or claimant. 
 
VACATE — VALECT A. 677 
 
 Vaeatc. To avoid ; to make void ; to annul ; to leave empty or unoccu- 
 pied. 
 
 Yacatio, I. In the civil law. Exemption ; immunity ; exemption from 
 the burden of offica 
 
 yacation. Intermission of judicial proceedings ; the time during which 
 courts are not held; the period between the end of one term and 
 the beginning of another. 
 
 Vacatur, I. L It is vacated ; a rule or an order by which a proceeding 
 is vacated. 
 
 Vacuus, Z. In the civil law. , Empty ; unoccupied. 
 
 Vadari, I In the civil law. To give, or put in bail ; to hold to bail 
 
 Vadere, I To go. 
 
 Vades, I. In the civil law. Pledges ; sureties ; bail ; security for appear- 
 ance in court 
 
 Vadia, t Z. In old English law. Wages. , 
 
 Vadiare, I. I. In old English law. To gage ; to wage ; to give security. 
 Vadiare duellum: to wage the duellum ; to wage battel ; to give 
 pledges mutually for engaging in the trial by combat Vadiare 
 legem: to wage law ; to give security to make one's law at a day 
 assigned. Vadiata leg's, habebit diem ad facicndam legem: law 
 being waged, he shall have a day to make law. 
 
 Vadlatio, I. I. In old English law. Wager. Vadiatio duelli: wager 
 of battel. Vadiatio legis: wager of law. 
 
 Vadimoninm, I In tlie Roman law. Bail or security; the giving of 
 bail for appearance in court 
 
 Vadium, I I. In old English law. Gage; security to do some act; se- 
 curity by pledge of property. Wages, salary or other reward of 
 service. Vadium mortuum: a dead gage or pledge ; a mortgage ; 
 hence a mortgage. Vadium vivum: a living pledge ; a pledge of 
 property to be held until the profits paid off the debt 
 
 Vagabond, Vagabnndus, I. A wandering person ; one who habitually 
 goes about from place to place without settled residence or domicil. 
 Vagabundum uuncupamus eum qui nullibi domicilium coutraxit 
 
 ^ liabitationis: we call him a vagabond who has nowhere contracted 
 a domicil of residence. 
 
 Vagrant. A wandering, idle person; a vagabond. Vagrant act: the 
 English statute- 5 Geo.'lV., c. 83. 
 
 Vail' q' vail' purr', I. fr. v. Valeat quantum, eta 
 
 Vailance, vaillaunce, I. fr. "Value. 
 
 Vaille, /. /r. SuflScient; vigil. 
 
 Vailler, I. fr. To be worth ; to be of the value. 
 
 Val, I. fr. Down ; downwards ; under. 
 
 Valeat quantum valere potest, /. It shall have effect as far as it cau 
 have effect v. Cum quod, etc. ; Quando res, etc. 
 
 Valecta, valetta, ralettus, I. I. In old English law. A body servant, 
 or attendant, a valet; a ward of the crown. 
 
678 VALENTIA — VASSAL. 
 
 Valentia, I. I. In old English law. Value ; worth, v. Ad valentiam. 
 
 Valere, ?. To be strong; to have force, or validity ; to be effectual or 
 operative. 
 
 Valet, valect, vadelect. In old English law. A servitor or gentleman 
 of the privy chamber; a name anciently given to young gentlemen 
 of great descent or quality, later to those of the rank of yeomen. 
 
 Valor, I. In old English law. Value ; worth ; rate ; valuation. Valor 
 beneflciornm: a valuation of benefices, or spiritual preferments. 
 Valor maritagii: value of marriage, forfeited, where an infant 
 ward of a guardian in chivalry refused a match tendered by the 
 guardian. 
 
 Valour, o. eng. Value. 
 
 Valuable. Of value ; having value. Valuable consideration: a con- 
 sideration which the law regards as an equivalent, as money, goods, 
 lands, services or marriage. 
 
 Value. The price which a thing will command in the market. The 
 current value is the common market value, and the market value is 
 the price fixed by public sales, or sales made in the ordinary way of 
 business. Value received: a phrase used in bills and notes to show 
 that there is a valuable consideration, and that the paper is not ac- 
 commodation paper. 
 
 Valued policy. A policy of insurance expressing the value which has 
 been sSt on the property insured, in the nature of liquidated damages. 
 
 Valvasor, valvassor, vavasor, vavassor, 1. 1. In feudal and old English 
 law. A principal vassal who held of those who held of the king ; a 
 vassal of the second degree or rank, sometimes one who held im- 
 mediately of the king. 
 
 Vana est ilia potentia quae nnuquam venit in actum, I. That power 
 is vain [idle or useless] which never comes into action [which is 
 never exercised]. 
 
 Vani timores sunt eestiiuaudi, qui non cadunt in constantem viruin, I. 
 Those are to be regarded as idle fears which do not affect a steady 
 [firm or resolute] man. 
 In the civil law. Yani tiinoris justa excusatio non est: the excuse 
 of a groundless fear is not valid. 
 
 Varda, I. I In old Scots law. Ward ; custqdy ; guardianship. 
 
 Varrantizatio, I. I. In old Scots law. Warranty. 
 
 Variance. A discrepancy between the statement of the cause of action 
 in the writ and the statement in the declaration ; a discrepancy be- 
 tween an averment in pleading and the evidence adduced to prove it 
 
 Vas, I. In the civil law. A pledge ; a surety ; one who became bail or 
 surety for another. 
 
 Vassal, Vasallns, 1. 1. In feudal law. A grantee of a fief, feud or fee ; 
 a feudatory. 
 In Scots law. A tenant ; one who holds of a superior ; the grantee of 
 a feu, , 
 
VASSATICUM — VENDEE. 679 
 
 Tassaticum, vasseleria, 1. 1 In feudal law. The service of a vassal 
 or tenant ; feudal service ; vassalage. 
 
 Tassus, 1. 1 In feudal law. A feudal tenant, or feudatory ; a feudal 
 lord. 
 
 Yastnm, I. I. In old English law. Waste ; a common lying open to the 
 cattle of all tenants who have a right of commouing. Vastuni 
 forestae vel bosci: waste of a forest or wood ; that part of a forest 
 or wood in which the trees and underwood were so destroyed that 
 it lay barren. 
 
 Vault, l.fr. In old English law. Is worth. Vault riens: it avails 
 nothing. 
 
 Vavasor, valrasor, I. I., Vavasour, I fr. In old English law. The vas- 
 sal or tenant of a baron ; one who held under a baron, and who had 
 also tenants under him ; one who in dignity was next to a baron. 
 
 Vavasory. In old English law. The fee of a vavasor. 
 
 Vectigfal, I. In the civil law. A custom or impost on goods imported 
 or exported ; a tax or tribute of any kind, paid for the use of the 
 state. 
 
 Vectura, I. I. Maritime freight 
 
 Vee, I. fr. In old English law. Refusal ; refusal to deliver or return a 
 thing. Vee de name: refusal of a thing distrained. Sometimes 
 translated withernam. 
 
 Veer, I. fr. In old English law. To see ; to go ; to proceed ; to forbid ; to 
 refuse. 
 
 Veier, I. fr. To see. Veit: sees. Veie: seen. , 
 
 Veies, veez, I. fr. Distresses forbidden to be replevied. 
 
 Veigner, veiner, I. fr. To come. 
 
 Vejours, I. fr. In old English law. Viewers; persons sent by the 
 court to take view of a place. 
 
 Vein. A zone or belt of mineral or mineral-bearing rock within bound- 
 aries which clearly separate it from the general mass of the rock 
 adjacent 
 
 Vel, I. As ; or ; when ; whether. 
 
 Velabrum, I. I. In old English law. A toll-booth. 
 
 Velitis jnbeatis qnirites J I. In the Roman law. Is it your will and 
 pleasure, Romans? The form in which a law was proposed to the 
 people. 
 
 Velle, I. In the civil law. To will; to be willing; to consent Velle 
 non creditur qui obsequitur imperio patris vel domini: he is not 
 considered to will who obeys the command of a father or master, 
 V. Ejus est nolle, etc. 
 
 Venaria, I. In old English law. Animals of the field set apart for 
 hunting, as hares, partridges, etc. 
 
 Venatlo, I. I. In old English law. The chase ; prey taken in the chase ; 
 venison. 
 
 Vendee. The person to whom a thing is sold ; a buyer, or purchaser. 
 
680 VENDER — VENIRE. 
 
 Vender, vendre, Z. /r. In old English law. To sell ; to vend. Vendii: 
 sold. 
 
 Venders, I. In the civil law. To sell : to vend. 
 
 Vendicare, I. In the civil and old English law. To claim a thing as 
 one's own ; to take a thing as one's own. 
 
 Vendicatio, I. In old English law. A claim. 
 
 Venditio, I. In the civil law. la a strict sense, sale ; the act of selling ; 
 the conti-act of sale, in a large sense, any mode of alienation ; any 
 contract by which an alienation may be effected. 
 
 Venditioni exponas, 1. 1. Expose yod to sale ; a judicial writ command- 
 ing a sheriff to sell goods taken under an execution. 
 
 Venditor, I. In civil and old English law. A seller ; a vendor. 
 In old English law. Venditor reg'is: the king's seller or salesman ; 
 the person who exposed to sale goods, etc., seized to answer a debt 
 due to the king. 
 
 Vendor. A seller : the person by whom a sale is made, particularly a 
 sale of realty. Vendor's lien: an equitable lien on land sold, which 
 the vendor has for the purchase-money : a lien which the vendor has 
 in every case, even after an absolute conveyance which acknowl- 
 edges payment, where he has not expressly or by implication waived 
 or discharged it, and which in equity he may enforce against the 
 \ purchaser, or against any other person not a bona fide purchaser 
 without notice. 
 
 Vendne. A public sale by outcry ; an auction. 
 
 Venella, I. 1. In old English law. A narrow way or passage ; a lane. 
 
 Vener, /. fr. In old English lata. To come ; to appear. Vener en sa 
 court: to come, or appear in his court. 
 
 Veneson, Z. fr. In old English law. Deer ; animals of the chase. 
 
 Venia, I. Pardon ; forgiveness ; indulgence. Venise facllitas incentivnm 
 est delinquendi: facility of pardon is an incentive to crime. 
 In the civil law. Favor ; privilege. Venia aetatis: the privilege of 
 age ; a privilege granted to a person not of age, by which he is en- 
 titled to act as if he were of age. 
 
 Veniaunce, I. fr. In old English law. Vengeance ; an avenging. 
 
 Venire, I. To come, to appear, — the name of a writ by wjiich a jury is 
 summoned. Venire facias: cause you to come ; a judicial writ, di- 
 rected to the sheriff, commanding him to cause twelve good and 
 lawful men of the body of the county to come before the court for 
 a jury,^— in the United States commonly employed, but in England, 
 though sued out, not used, the jury being in fact summoned under 
 a writ called a distringas juratores, which is issued with the venire; 
 — ad respondendum: cause you to come to answer ; a writ to sum- 
 mon to answer to any crime under felony or treason; — de novo: 
 cause you to come anew ; a second writ of venire, to summon an- 
 other jury for a new trial, commonly called a venire de novo. 
 
VENIRE — VERBA. 681 
 
 In the civil and old English law. To come ; to appear in court ; to 
 arrive, as a time or day ; to come to, or into ; to become subject to. 
 Venire in crimen: to be accused of a crime. 
 
 Venison, veneson, I fr. and eng. In English law. Animals of tlie 
 chase, particularly deer. 
 
 Venit, I. In old English law. Comes ; a word expressing the appear- 
 ance of a defendant. Venit et defendit: comes and defends ; the 
 proper words of appearance and defense in action ; — omnem felo- 
 niam, et pacem domini regis infractam: comes and defends all 
 the felony, and breach of the king's peace; — vim et injuriam: 
 comes and defends the force and injury. Venit et dicit: comes and 
 says. 
 
 Ventn, 7. fr. In old English law. Overcome in judicial combat ; van- 
 quished. 
 
 Vente, fr. In old English law. Sale, 
 
 Venter, I. The womb. v. Ad ventram, etc. ; De ventre, etc. ; In or en 
 ventre, etc. 
 In the civil and old English law. A pregnant woman ; a wife ; an 
 unborn child, v. Partus, etc. 
 
 Venue, visne, I. fr. and eng. A neighborhood; the neighborhood, 
 place or county in which an injury is declared to have been done, 
 or to have happened ; hence the county in which the action is in- 
 tended to be tried, and from the body of which the jurors who are 
 to try ip are summoned ; a jury summoned from a particular place 
 or county ; the statement in a declaration or indictment of the place 
 where the injury was inflicted or the crime committed. 
 In old English law. A coming ; a resorting or resort 
 
 Verba, I. Words. Verba accipienda sunt: words are to be taken : 
 — secnndum subjectam materiam: words are to be taken according 
 to the subject-matter ; — nt sortientnr effectum: words are to be 
 taken so that they may have effect Verba ajquivoca, ac in dubio 
 sensn posita, intelliguntur diguiori et potentiori sensu: equiv- 
 ocal words, and such as are put in a doubtful sense, are [to be] 
 understood in the more worthy and effectual sense. Verba aliquid 
 operari debent: words ought to work or operate somewhat Verba 
 ambigna/= fortius accipiantur contra proferentem: ambiguous 
 words are [to be] taken most strongly against the party making use 
 of them. Verba artis ex arte: words of art [are to be taken] ac- 
 cording to art Verba cancellaria;: words of the chancery, — the 
 technical style of writs framed in the office of chancery. Verba 
 chartarum fortius accipiuntur contra proferentem: the words of 
 charters {deeds or written instruments] are taken most strongly 
 against him who uses them. Verba cum effectu sunt accipienda: 
 words are to be taken with effect, or so as to have effect v. Verba 
 aliquid, etc. Verba debent intelligi ut aliquid operentnr: words 
 ought to be understood so as to have some operation. Terba 
 
682 VERBA, ■ 
 
 dicta de persona intelligi debent de conditione personae: words 
 spoken of a person are to be understood of the condition of the person. 
 Verba fortius accipiuntur contra proferentem: words are to be 
 taken most strongly against him who uses them. v. Verba char- 
 tarum, etc. Verba generalia: general words ; — generaliter sunt 
 intelligenda: general words are to be understood generally ; — re- 
 striuguntur ad liabilitatem rei vel person*: general words are to 
 be restricted to the capacity of the thing or person [of which they 
 are spoken]. Verba illata inesse yidentur: words imported [into 
 an instrument] by a reference are deemed to be included [in the in- 
 strument]. Verba intentioni, et non e contra, debent inservire: 
 the words [of an instrument] ought to subserve the intention of the 
 party, and not the reverse [i. e. the intention, the words]. Verba ita 
 sunt intelligenda ut res magis valeat quam pereat: the words [of 
 an instrument] are to be so understood that the subject-matter may 
 rather be of force than perish [rather be preserved than destroyed, or, 
 in other words, that the instrument may have effect, if possible]. 
 V. Ut res, etc. Verba posteriora propter certitudinem addita, ad 
 priora qnte certitudine indigent, sunt referenda: subsequent 
 words, added for the purpose of certainty, are to be referred to the 
 preceding words which require the certainty. Verba relata lioc 
 niaxime operantur per referentiam, ut in eis inesse videntnr: 
 related words [words connected with others by reference] have this 
 particular operation by the reference, that they are considered as 
 being inserted in those [clauses which refer to them]. Verba secun- 
 dum materiam subjectam intelligi nemo est qui nesciat: there is 
 no one who does not know that words are to be understood accord- 
 ing to their subject-matter. . Verba semper accipienda sunt in 
 mitiori sensu: words are always to be taken in the milder sense. 
 A maxim in the law of slander which no longer obtains. Verba 
 sunt indices animi: words are the indices or indicators of the mind 
 or thought v. Index animi sermo. 
 In the civil law. Verba generalia restringuntur ad habilitatem 
 personeB vel ad aptitudinem rei: general words are to be restricted 
 to the capacity of the person or the fitness of the thing. Verba in 
 differenti materia per prius, non per posterius, intelligenda sunt: 
 words on a different subject are to be understood by what precedes, 
 not by what comes after. Verba intelligenda sunt in casu possi- 
 bili: words are to be understood in [of] a possible case. Verba 
 mere sequivoca, si per comniunem usum loqnendi in intellectu 
 certo sumuntur, talis intellectus prseferendus est: [in the case of] 
 words merely equivocal, if they are taken by the common usage of 
 speech in a certain sense, such sense is to be preferred. Verba nihil 
 operari melius est quam absurde: it is better that words should 
 have no operation at all than [that they should opei-atej absurdly. 
 Verba non tarn intueuda, quam causa et natura rei, ut mens con- 
 
VERBA — VERDICT. 688 
 
 tralientinm ex eis potiiis qnam ex verbis appareat: the words 
 [of a contract] are not so much to be looked at as the cause and nat- 
 ure of the thing [which is the subject of it], in order that the inten- 
 tion of the contracting parties may appear rather from them than 
 from the words. Verba offendi possunt, imo ab eis recedere licet, 
 ut verba ad sanuiu intellectnm reducantnr: words may be op- 
 posed [taken in a contrary sense], nay, we may disregard them alto- 
 gether, in order that the [general] words [of an instrument] may be 
 restored to a sound meaning.^ Verba ordiuatiouis qaando veriil- 
 cari possnnt in sua vera signiflcatione, trahi ad extraneum in- 
 tellectuiu non debent: when the words of an ordinance can be 
 carried into effect in their own true meaning, they ought not to be 
 drawn to a foreign intendment Verba precaria: precatory words ; 
 words of prayer or entreaty ; words used to create a trust. Verba 
 pro re et snbjecta materia accipi debent: words ought to be un- 
 derstood in favor of the thing and subject-matter. Verba quan- 
 tumvis generalia, ad aptitudinem restringnntnr, etiamsi unllam 
 aliam paterentur restrictionem: words, however general they 
 may be, are resti'ained for the purpose of adaptation, even though 
 they may admit of no other kind of restriction. Verba quae aliquid 
 operari possunt non debent esse saperflua: words which can have 
 any kind of operation ought not to be considered superfluous. 
 Verba strictse signiflcatlonis ad latam extendi possunt, si subsit 
 ratio: words of a strict or narrow signification may be extended to 
 a broad meaning, if there be ground in reason for it 
 
 Verbal contracts. In the civil law. Contracts in which a solemn form 
 of words was required to perfect the obligation. Mainly of two 
 kinds, — stipulation and Jidejussion. 
 
 Verbera, I. In old English law. Blows ; beatings. 
 
 Verberare, I In the civil law. To beat, so as to cause pain. 
 
 Verbornm ordo, I. The order of words ; the orderly arrangement of 
 words. 
 
 Verbnm, I. A word ; an expression ; a clause. 
 
 Verd. In forest law, the privilege of cutting green wood within a forest 
 for fuel ; the right of pasturing animals in the forest 
 
 Verderor. In forest law, an ofiBcer of the forest, whose duty it is to look 
 to the vert. 
 
 Verdict. Literally, a saying or declaration of the truth ; in practice, the 
 finding of a jury as to the truth of matters of fact submitted to them 
 for trial. A verdict is either general or special, that is, a finding in 
 a general form on all the facts in issue, or a finding of facts sever- 
 ally, leaving the application of the law to the court So a verdict is 
 either privy or public, that is, a verdict given privily to the judge 
 out of court, the court being adjourned, to be affirmed in open 
 court when the court again comes in, or a verdict declared in open 
 court in the first instance. Where upon agreement of the jury the 
 
684 VERDICT — VEST. 
 
 court has adjourned, the jury may in some cases seal up their ver- 
 dict, separate, and come in and openly declare the same when the 
 court again meets. 
 
 Verdlst, vereduist, I. fr., Teredictum, I. I. In old English law. Ver- 
 dict ; a declaration by a jury of the truth of a matter in issua 
 
 Verey, I. fr. In old English law. True. 
 
 Ver^e, I. fr. and eng. In English laio. A privileged space around the 
 king's palace or residence ; the compass of the jurisdiction of the 
 Court of the Marshalsea/or Palace Court. 
 In old English law. A rod, staff, or wand, used as an ensign of office. 
 
 Vergens ad inopiam, I. I. In Scots law. Verging towards poverty. 
 
 Vei'gers. In English law. Officers who carry white wands before the 
 justices of either bench. 
 
 Verlflcare, I In old pleading, to make out or prove to be true; to 
 verify. 
 
 Verification. Literally, a making out to be true ; the proving of sm as- 
 sertion to be true ; a formula with which all affirmative pleadings 
 not concluding to the country, are required to conclude. 
 
 Verify. To make out to be true ; to prove. 
 
 Veritas, I. Truth ; verity. Veritas a quocunqae dicitnr, a Deo est: 
 truth, by whomsoever it is spoken, is of God. Veritas habenda est 
 in juratore, justicia et judicium in jndice: truth must be had in 
 a juror, justice and judgment in a judga Veritas nihil veretur 
 nisi abscondi: truth fears nothing but to be hid. Veritas nimium 
 altercando amittitnr: truth is lost by excessive altercation. Veri- 
 tas nominis tollit errorem demonstrationis: the truth of tlie name 
 removes [the effect of] error of demonstration, v. Prcesentia, eta 
 
 Verite, veritee, /. fr. Truth. 
 
 Verray, verrai, verrey, very, I. fr. In old English law. True. 
 
 Vers, I. fr., Versus, I. I Against 
 
 Versari, I. In the civil law. To be employed; to be continually en- 
 gaged ; to be conversant. Versari in Incro: to be in gain ; to be a 
 gainer. Versari male in tutela: to misconduct one's self in a 
 guardianship. 
 
 Vert. In forest law, everything that grows and bears green leaf within 
 the forest, that may cover a deer. 
 
 Verus, I. In old English law. True. Verns dominus: the true lord. 
 
 Very, I. fr. and eng. True; actual; immediate.. 
 
 Vesquir, I. fr. To live. 
 
 Vessel. Used commonly, in maritime law, as a synonym of ship, but 
 a broader term, including, as used in federal legislation, any water- 
 craft used, or capable of use, in transportation by water. 
 
 Vest. To clothe ; to clothe with possession ; to deliver full possession 
 of land or of an estate ; to pass to a person ; to give an immediate 
 right of present enjoyment ; to give a present lixed right of future 
 enjoyment 
 
VESTED -VI. 685' 
 
 ^Vested. Fixed ; passed in right or enjoyment. Vested legracy: a leg- 
 acy the right to which is vested permanently in the legatee, though 
 the legacy is not payable until a future time. Vested remainder: a 
 fixed interest in lands or tenements to take effect in possession, after 
 a particular estate is spent. 
 
 Vester, vestre, tfr. In old English law. To vest; to enure. Vestue: 
 clothed. 
 
 Vestigium, I. I, A trace, or track ; a mark left by a physical object 
 
 Vestimentum, I. I. In old English law. Clothing, — a figurative ex- 
 pression denoting the character, quality or circumstance of right. 
 In old English law. The technical form requisite to give effect to a 
 
 contract 
 In feudal law. Investiture ; seisin. 
 
 Vestire, I. L In old English law. To clothe a contract in the proper 
 form to give it validity. 
 In feudal law. To deliver full possession of land or of an estate; to 
 invest or enfeoff. 
 
 Vestitura, 7. I. In feudal law. Investiture ; deliveiy of possession. 
 
 Vestura, L I In old English law. Literally, a garment; vesture; a 
 crop of grass or grain; possession or admittance to possession. 
 Vestura terree: the vesture of land, coi-n, grass, underwood, etc. 
 
 Vesture. In old English law. Profit of land. 
 
 Vetera statuta, I Ancient statutes, — the English statutes from Magna 
 Chai'ta to the end of the reign of Edward IL v. Nova statuta. 
 
 Vetituni namium, I I. In old English law. A refused or prohibited 
 taking or distress ; a refusal to redeliver a distress ; a prohibition 
 of its being taken. 
 
 V^eto, L I forbid, — the power of the executive department of a govern- 
 ment, of negativing bills which have been passed by the legislature. 
 In the Roman law. The word by which the Roman tribunes expressed 
 their dissent from the passage of a law or from other proceeding. 
 
 Vetnsjos, Z. In the civil law. The old law; old law, a term used some- 
 times to designate the law of the Twelve Tables, and sometimes 
 merely a law in force before the passage of a subsequent law. 
 
 Vetustas, I. In the civil law. Antiquity ; time out of memory ; ancient 
 or former law or practice. 
 
 Venta terree, 1. 1. View of land. 
 
 Vexata, I. I. Vexed. Vexata et spinosa quaestio: a vexed and thorny 
 question. Vexata qnsestio: a vexed question; a question often 
 agitated or discussed, but not settled. 
 
 Vey, I fr. Way. 
 
 Veyer, Z./r. To see; to view. Veyer est: it is to be seea Veyet: seea 
 
 Veyn, I, fr. In old English law. Void. 
 
 Vi, i By force. Vi et armis: with force and armj,— emphatic words 
 in writs and declarations of trespass, in which an act of force and 
 violence is charged. 
 
686 VI — VICE. 
 
 In the civil law. Ti aut clam: by force or covertly. . A thing was 
 said to be done vi, when it was done contrary to a prohibition on 
 the part of a possessor. Vi boiiorum raptoriim: of goods taken 
 away by force, — the name of an action gi'en' by the prsstor as a 
 remedy for the violent taking of another's property. Vi.clam ant 
 precario: forcibly, secretly or doubtfully. 
 
 Via, I. ^path; away; a public way. Via alta: the highway. Via 
 amicabili: in a friendly way. Via trita: the beaten path ; — via 
 tiita: the beaten path is the safe path ; — est tutissiina: the beaten 
 path is the safest 
 In English law. Via regalis, via regia: the king's way; the high- 
 way or common road, called the king's, because authorized by him 
 and under his protection. 
 In the civil law. Way ; a way ; a rpad ; a right of way ; the right of 
 walking, riding, and driving over another's land. Via publica: a 
 public way or road ; the land ifcielf belonging to the public. 
 
 Viagium, viaggiiira, I. l, Viage, I. fr. In old English laic. Voyage; a 
 voyage. 
 
 Viander. In old English laiv. A returning officer. 
 
 Viator, I. In the Roman law. A sunimoner or apparitor; an officer 
 who attended on the tribunes and sediles; so called, because often 
 on the road ; a traveler ; a foot-passenger. 
 
 Vicar. One who acts in the place of another ; one who is authorized to 
 perform the functions of another. 
 In English ecclesiastical law. The incumbent of an appropriated 
 benefice, — in effect a perpetual curate with a standing salary, the 
 parson or other appropriator over him having the right to the 
 ecclesiastical dues of the parish. 
 
 Vicarage. In English ecclesiastical law. The living or benefice of a 
 vicar, as a parsonage is of a parson. ' 
 
 Vicarius, I. A deputy; a substitute; one who acts in the place of 
 another. Vicarius non liabet vicarinm: a deputy has not [cannot 
 have] a deputy ; a delegated power cannot be again delegated. 
 In the civil laic. The slave of a slave. 
 
 Vice,/r. In old English law. Fault; defect. 
 
 Vice, I. In the place or stead ; fised in the composition of words denot- 
 ing a delegated or deputed authority. Vice-chancellor: an equity 
 judge who acts as assistant to the chancellor, holding a separate 
 court, from which an appeal lies to the chancellor. Vice-principal: 
 a servant who stands in the place of the common master in dealing 
 with other servants ; a deputy master. 
 In English law. Vice-admiralty courts: courts established in tho 
 queen's possessions beyond seas, with jurisdiction over maritime 
 causes. 
 In old English law. Vice-comes, or vicecomes: sheriff ; the sheriff of a 
 county, — so called, because originally the deputy of the earl, or comes, 
 
VICE - VIDUITAa 687 
 
 to whom the custody of the shire is said to have been committed at 
 the first division of England into counties; — non misit breve: the 
 slierifE hath not sent the writ ; the form of continuance on the rec- 
 ord after issue and before trial. Vice-comitissa: a viscountess; 
 — dotissa: viscountess dowager. Tice-consnl: the deputy or sub- 
 stitute of an earl, who was anciently called consul. Vice-gerent: 
 a deputy or lieutenant. 
 In Saxon law. Yice-domluns: the governor of a province. 
 
 Vicinage, I. fr. and eng. Neighborhood ; near dwelling ; vicinity. 
 
 Vicinetuin, I. I. In old English law. A neighborhood, or vicinage; 
 visne or venue. 
 
 Yicinia, I In tl\e civil law. Nearness of dwelling; neighborbiood ; a 
 neighborhood ; a neighboring place. 
 
 Vicinitas, Z. Neighborhood ; vicinity. 
 
 Yicini vicinlora facta prjesnmautnr scire, I. Neighbors are presumed 
 to know the acts that are done in their immediate neighborhood. 
 
 Vicinus, I. In old English law. A neighbor. 
 In the civil law. Near ; adjacent ; neighboring. 
 
 Vicions, I. fr. Faulty ; defective ; bad. 
 
 Vicis, I. Change ; turn : stead ; office, 
 
 Vicont, I. fr. Sheriff. 
 
 Vicontiel, viconntlel, I. fr. and eng. In English law. Belonging to 
 the sheriff. 
 
 Vicontiels, viconntlels. In old English law. Farms for which the 
 sheriff paid a rent to the king, and carried on for his own profit. 
 
 Victns, I. In the civil law. Sustenance ; the means of living. 
 
 Vicus, I. In old English law. A street in a town ; a passage between 
 two rows of houses ; a neighborhood of houses out of a town ; a 
 village. 
 
 Videbis ea seepe comraittl, quse ssepe vindlcantur, /. You will see 
 those offenses often committed which are often punished. 
 
 Videlicet, I It is permitted to see ; to wit ; that is to say ; namely. A 
 term used as prefatory to a particular statement of something men- 
 tioned in general terms ; and used in pleading where a party alleges 
 a fact which he does not wish to be held to prove strictly, the words 
 used being the English " to wit," or "that is to say." 
 
 Vidtndum est, I. It is to be seen ; it is to be considered. 
 
 Videre, I. To view. 
 
 Videtnr, I. It is seen ; it appears ; it is considered, v. Qui tacet, etc. 
 
 Vidimus, I. I. In old English laiv. We have seen. A species of ex- 
 emplification of the enrolment of charters or other instruments, — 
 so called from the initial word. 
 
 Vidua, Z. In old English law. Widow ; a widow. Vidua regis: a 
 king's widow; the widow of a tenant in capite, — so called because 
 she could remarry only with the king's permission. 
 
 Viduitas, I In old English law. Widowhood. 
 
688 VIE — VILLEIN, 
 
 Vie, I. fr. Life. , 
 
 Vief, Tif, I fr. Living ; alive. Vief naam: a live distress. 
 
 Viel, I. fr. Old ; elder. Vieles, Tiez dettes: old debts. / 
 
 Vier, I. fr. To see. Vient: they see. 
 
 Tiers, rers. Tb wards. 
 
 Yiew. Sight ; seeing ; ocular survey or inspection ; inspection, or ex- 
 amination of a place or person, in the course of an action. Pros- 
 pect ; the prospect from one's house or ground, which another may 
 not obstruct, — a kind of urban servitude derived from the civil law. 
 In old English law. View of frank pledge: the office of the sheriff 
 or the bailiff in seeing that every man was in some frank pledge, or 
 decennary ; the old name of the court leet 
 
 Viewers. In old English law. Persons appointed under writs of view, 
 to testify the view. 
 
 Vi^ilantibns et non dorinientibus jura snbreninnt, I The laws re- 
 lieve or succor those who are ■^igilant, not those who sleep [upon 
 their rights]. 
 
 Vigore enjus, I. I. By force whereof. 
 
 Viis et modls, Z. I. Byways and means; a citation by which actions 
 against non-residents are sometimes begun, served by posting up in 
 certain public places. 
 
 ViU. In English law. A village ; a town or township ; a parish or part 
 of a parish. Originally, in the Eoman sense, a manor ; later, any 
 collection of houses. 
 
 Villa, I. In Saxon law. A farm, or country residence ; a manor ; a 
 collection of neighboring houses, consisting of more than two ; a 
 town or vill. Villa est ex pluribns mansionibus ricinata, et col- 
 lata ex pliiribus vicinis; et sub appellatione Tillarum continen- 
 tur burgi et civitates: a vill (town) is a collection of several neigh- 
 boring dwellings, consisting of several neighbors; and under the 
 denomination of vills (or towns) are comprehended boroughs and 
 cities. Villa regia: a royal residence. ' 
 
 In the Roman law. A farm house ; a country residence. 
 
 Villanum servitlum, I. I. In old English law. Villein service. 
 
 Villauus, I In old English law. A bondman ; an agricultural bond- 
 man ; a villein. Villanus amercietar, salvo wainagio sno: the 
 villein shall be amerced, saving his wainage [i. e. his implements of 
 husbandry]. 
 
 Villata, I I. In old £^nglish latv. A township ; an inhabitant of a town, 
 or vill. 
 
 Ville, /. fr. In old English law. A vill ; a town. 
 
 Villein, villcine, villeyn, villain, vlleyn, vyleyn, I fr. and eng. In 
 old English law. A feudal tenant of the lowast class, who held by 
 base and uncertain services, of the most sordid kind ; an agricultural 
 bondman of a condition little better than that of a slave. Villein in 
 gross: a villein who was annexed to the person of the lord, and 
 
VILLEIN— VIEGA. 689 
 
 transferable by deed from one owner to another. Villein regardant: 
 a villein annexed to the lord's manor, or land. Villein services: 
 base seryices such as villeins performed. Villein socagre: a privi- 
 leged kind of villeinage, the tenants doing villein services, but of a 
 certain and determinate kind. 
 
 Villenage, Villeiiag:inm, /, I. In old English law. The condition, or 
 tenure of a villein ; bondage. 
 
 Villenous judgment. In old English law. A sentence which cast the 
 reproach of villainy on him against whom it was pronounced. 
 
 Villeyn, /. fr. In old English laio. A villein. 
 
 Vim vi repellere licet, modo flat moderamine incnlpatse tntelse, non- 
 ad snmendam vindictam, sed ad propulsandam injnriam, I. It is 
 lawful to repel force by force, provided it be done with the modera- 
 tion of blameless defense, not for the purpose of taking revenge, butt 
 to ward off injury. 
 
 Vincnlnm, I, A chain ; a connected series ; a connection or relation ;■ 
 a bond ; a tie ; the binding force of law. Vincnlnm matrimonii: 
 the bond or tie of marriage ; the matrimonial obligation. 
 
 Vindicare, I. In the civil laio. To claim or challenge ; to avenge ; tO' 
 punish. 
 
 Vindicatio, I. In the civil law. Tlie claiming of a thing as one's own ; 
 the name of an action in rem, by which a thing or right was 
 claimed. 
 
 Vinous liquor. Liquor made from the juice of the grape. 
 
 Violent. Produced by force ; strong, almost conclusive. Flolent pre- 
 sumption: proof of a fact by the proof of circumstances which, 
 necessarily attend it v. Violenta, etc. 
 In Scots law. Violent profits: the double of the rent of a tenement 
 within a burgh, or the highest profits a party could make of lands 
 in the country, recoverable against a tenant in a process of re- 
 moving. 
 
 Violenta prsesumptio [aliquando estj plena probatio, I. Violent pre- 
 sumption is many times equal to full proof. 
 
 Viperina est expositio quae corrodit viscera testus, I. That is a viper- 
 ous interpretation which eats out the bowels of the text 
 
 Vir, I A man ; a husband. Vir et uxor: husband and wife ; — cen- 
 sentur in lege una persona: husband and wife are regarded in law 
 as one peraon ; — sunt quasi unica persona, quia caro una et san- 
 guis unus; res licet sit propria nxorls.Tir tamen ejus cnstos, 
 cum sit caput mnlieris: husband and wife are, as it^vere, one per- 
 son, because one flesh and one blood ; though a thing may be the 
 property of the wife, yet the husband is the keeper of it, since he is 
 the head of the woman. 
 
 Virga, L In old English law. A rod or white staff, such as sheriffs,, 
 bailiffs, etc., carried as a badge of ofittce ; a yard. Virga alnaria: a 
 yard measured according to the legal ell or true standard. Virga 
 U 
 
690 VIRGA — VIS. 
 
 ferrea: the iron yard, — the standard yard, a yard according to that 
 standard. Tirga terrae, or virgata terrse: a yard-land ; a measure 
 of land of variable quantity, containing twenty to forty acres. 
 
 Virgata regia, I. I. In old English law. The royal verge ; the bounds 
 of the king's household, within which the court of the steward had 
 jurisdiction. This extended for a space of twelve leagues in circuit 
 about the king's residence. 
 
 Virgator, 1. 1, In old English law. A verger. 
 
 Viridarins, I. I. In old English law. A verderbr. 
 
 Viridis, Tirlde, I. In old English law. Yert. 
 
 Viripotens, Z. In the civil law. Marriageable; viripotent 
 
 Virtus, I. In old English law. The substance or tenor. Tirtns ac- 
 tionis: the substance of the action. 
 
 Virtute, 1. By virtue. Virtnte eujus: by virtue whereof. Virtntc 
 officii: by virtue of office. 
 
 Yis, I. Force ; the onset or pressure of a greater thing, which cannot be 
 repelled; violence; unlawful violence. Vis iinpressa: impressed 
 force ; the original act of force out of which an injury arises, as dis- 
 tinguished from vis proxima, the proximate force, or immediate 
 cause of the injui-y. Vis major: irresistible force ; such an inter- 
 position of human agency as is, from its nature and power, abso- 
 lutely uncontrollable; in the, civil law, sometimes synonymous with 
 vis divina. Vis pi'oxima: immediate force, v. Vis impressa. 
 In the civil and old English law. Further, the act of seeking one's 
 remedy without authority or process of law ; efficacy ; virtue ; 
 power to produce an effect Vis armata: armed force; force ex- 
 erted by means of arms, weapons or any thing that can hurt or in- 
 jure. Vis compulsiva: compulsive force; that which is exerted to 
 compel another to do an act against his will ; force exerted by 
 menaces or terror. 
 In old English law. Vis clendestina: clandestine force ; force used 
 by night Vis expnlsiya: expulsive force; force used to expel 
 another, or put him out of his possession. Vis iuermis: unarmed 
 force ; the opposite of vis armata. Vis injiiriosa: wrongful force ; 
 otherwise called liKctta. Vis laica: layfox-ce; an armed force used 
 to hold possession of a church, v. De vi, etc. Vis licita: lawful 
 force. Vis perturbativa: perturbative force ; force used between 
 parties contending for a possession. Vis simplex: simple or mere 
 force ; distinguished from vis armata, and also from vis expulsiva. 
 In Scots law. Vis et metns: force and fear. 
 
 In the civil law. Vis ablatiya: ablative force ; force which is exerted 
 in taking away a thing from another. Vis divina: divine or super- 
 human force; the act of God. Vis exturbativa: exturbative force; 
 force used to thrust out another. Vis flu minis: the force of a river 
 or stream ; the force exerted by the velocity or volume of a current 
 of water. Vis inqnietativa: disquieting force, 
 
VISCONTE— VIX 691 
 
 Tisconte, Tiscont, Tisconnte, I. fr., Tisconnt, Viconnt In old Ennlish 
 law. Sheriff. 
 
 Tislnetns, 1. 1. In old English law. Venue. 
 
 Visitation. Inspection; superintendence; regulation, sr. Right. 
 In English law. Tisitation books: books belonging to the Herald's 
 College, containing the pedigrees and arms of the nobility and prin- 
 cipal gentry in England. 
 
 Visile, I fr., Visiietum, I I In old Englisl} law. Neighborhood; 
 ■vicinity ; vicinage ; Tenua 
 
 Visores, I. I. In old English law. Viewers ; persons appointed to view 
 one who had cast an essoin de malo lecti; jurors in certain actions. 
 
 Visus, 1. In old English law. View ; inspection, either of a place or 
 person ; inspection by jurors of the subject of an action ; inspection 
 of a person who had cast an ession de malo lecti. Visns franci 
 plegii: view of frank-pledge. Visus terrse: view of land. 
 
 Vita, I In old English law. Life. 
 
 Vitaille, I fr. In old English law. Provision ; victual. 
 
 Vitious intromission. I?i Scots law. An unwarrantable intermeddling 
 with the movable estate of a deceased person, without the order of 
 law. 
 
 Vitinm, J. In old English law. Fault; mistake; error. Vitium clerici: 
 the mistake of a clerk ; a clerical eiTor ; — nocere non debet: a 
 clerical error ought not to prejudice. Vitium scriptoris: the fault 
 or mistake of a writer, or copyist ; a clerical error. 
 In the civil law. Vitium: fault; bodily defect; vice. 
 
 Viva vox, I. The living voice; oral utterance. Hence viva voce, by 
 word of mouth. 
 In old English law. A living witness, as distinguished from a writing 
 offered in evidence. 
 
 Vivarium, I. In old English law. A place in land or water where liv- 
 ing things are kept, as a park, a warren, or a fishery ; a vivary. 
 In the civil law. An enclosed place, where live wild animals are kept 
 
 Virary. In English law. A place for keeping wUd animals alive, in- 
 cluding fishes. 
 
 Viver, I. fr. In old English law. A fish-pond; a fishery or fishing 
 place ; food or victual. 
 
 Vivevoys, vive voys, I. fr. In old English law. A living witness ; the 
 testimony of a witness. 
 
 Vivnm vadium, /. I. In old English law. A living pledge ; a pledge 
 in which the rents and profits of the thing pledged went toward 
 payment of the debt 
 
 Vix, L Scarcely ; rarely. Vix ulla lex fieri potest qua) omnibus com- 
 moda sit, sed si majori parti prospiciat, ntilis est: scarcely any 
 law can be made which is adapted to all, but if it provide for the 
 greater part, it is useful 
 
692 VOCABULA-VOLO. 
 
 Tocabula, I Words; terms; names. Tocabnla artis: words of art; 
 technical terma Tocabula artium explicanda sunt secnndum 
 deflnitiones prudentum: terms of arts are to be explained accord- 
 ing to the definitions of the learned or skilled [in such arts]. To- 
 cabula rerum: the names of things. 
 
 Tocans, I, Tochsour, I fr. In old English law. One who vouches an- 
 other ; a voucher. 
 
 Tocat. /. I. In old pleading, called, — an abbreviation of vocatus, vocata, 
 vocati. 
 
 Tocatio, 1. 1. In old English law. Voucher ; a calling to warrant 
 
 Tocatus, I. I, Toche, I fr. In old English law. A person called or 
 vouched ; a vouchee. 
 
 Tocher, I I. In old practice, to vouch ; to call to warrant ; a vouching ; 
 a person vouching. 
 
 Tociferatio, I. In old English law. Qutcry ; hue and cry. 
 
 Toco, I. In civil and old English law. I call ; I summon ; I vouch. 
 Toco talem: I call or vouch such a one, — the old formula of vouch- 
 ing to warranty. 
 
 Tocare, I. In old English law. To call ; to call upon ; to vouch ; to 
 call on one to warrant or defend another's title. 
 In feudal law. Tocare ad curiam: to summon to court 
 In the Roman law. Tocare in jus: to summon to court; to cite or 
 summon before the praetor or magistrate, 
 
 Toer, /. /r. In old English law. To view ; to inspect 
 
 Told. Of no force ; incapable of ratification or confirmation. 
 
 Toidable. That may be avoided ; not absolutely void. 
 
 Toidance. In ecclesiastical law. A want of an incumbent upon a 
 benefice. 
 
 Toler, veier, I. fr. In old English law. To see. 
 
 Toiler, voIUer, I fr. In old English law. To will ; to be willing ; to 
 mean ; to purport, or set forth. 
 
 Toiloir, voillour, I fr. In old English law. A will ; a testament 
 
 Toir, voire, voier, voyer, voiar, I. fr. In old English law. Truth ; the 
 truth. Toire dire: to say the truth ; a preliminary oath adminis- 
 tered to a witness, for the- purpose of ascertaining whether he has 
 such an interest as to disqualify him. 
 
 Tolens, I. Willing. 
 
 Tolentes, I. We being willing ; the initial word of the Latin writs of 
 certiorari. Tolentes de certis cabsis certiorari: we being willing 
 for certain causes to be certified. 
 
 Tolenti non fit injuria, I. An injury is not done to the willing; he 
 who consents to a thing, or makes no opposition to it, cannot com- 
 plain of it as an injury. 
 
 Tolo, I. I will, I wish or desire,— one of the words in Roman testa- 
 ments to create a trust 
 
voLuiT - vouca 693 
 
 Yolait, sed non dixit, I. He willed, but he did not say ; he may have 
 intended so, but he did not say so. v. Quod voluit, etc. 
 
 yolameii, 2. In the civil law. A volume ; so called from its form, being 
 rolled up. ' 
 
 Volamns, t In old English law. We will, — first word of a clause in- 
 serted in writs of protection. 
 
 Volant, L fr. In old English law. WilL 
 
 Voluutarins diemon, I.L A voluntary madman, a term applied to a 
 drunken man. 
 
 Voluntary. Free; without compulsion or solicitation; in accordance 
 with one's own will. Without consideration ; without valuable con- 
 sideration. Voluntary assignment: an assignment by a debtor in 
 trust for the beneiit of his creditors. Voluntary conveyance: a con- 
 veyance without valuable consideration. Voluntary escape: an es- 
 cape of a person from custody, by the express consent of his keeper, 
 or in consequence of his being permitted to go at large. Voluntary 
 manslaughter: manslaughter committed voluntarily in the heat of 
 passion. Voluntary oath: an oath taken in some extra-judicial 
 matter, or before some magistrate or officer who cannot compel it.to 
 be taken. Voluntary waste: waste done by acts of commission. 
 In English law. Voluntary jurisdiction: a jurisdiction exercised by 
 certain ecclesiastical courts, in matters in which thero is no op- 
 position. 
 In the civil law. Voluntary deposit: a deposit arising from the mere 
 consent and agreement of parties. 
 Volantas, Z. Will; intent; design ; purpose ; desire; a will. Voluntas 
 donatoris, in charta doni sni manifesto expressa, observetur: 
 the will or intention of a donor, clearly expressed in the deed of his 
 gift, should be observed. Voluntas et propositnm distingunut 
 maleflcia: will and purpose characterize crimes. Voluntas in de- 
 lictis, non exitns, speetatur: the will, not the issu^ is looked to in 
 crimes. Voluntas reputatnr [reputabitur] pro facto: the will is 
 [shall be] taken for the deed, — a maxim in the English law of 
 treason.- Voluntas testatoris: the will of a testator; — est am- 
 bulator! a usque ad mortem [ad extremum vitse exitum]: the will 
 of a testator is ambulatory until death, v. Ambulatoria est, etc. ; 
 — habet interpretationem latam et benignam: the will of a testator 
 ' has [should have] a broad and benignant interpretation. Voluntas 
 ■ nltima testatoris est perimplenda secundum veram intentionem 
 Buam: the last will of a testator is to be fulfilled according to his 
 true intention. 
 Volunte, volant, volonnte, I. fr. Will ; mind ; intention. 
 Volunteer. A grantee or a beneficiary in a voluntary conveyance. 
 Vouch. In old English law. To call ; to call to warranty ; to call on a 
 person who has warranted a title to defend the title warranted ; to 
 cite or quote. 
 
694 VOUCHEE — WADSETTER. 
 
 Touchee. In old English law. One who is vouched or called to war- 
 ranty. 
 
 Toucher. An instrument which attests, warrants or witnesses ; ^n 
 acquittance. 
 In old English law. An account book wherein are entered the acquit- 
 tances or warrants for the accountant's disL-harge ; a calling to war- 
 ranty ; a calling on one who has warranted a title to defend it in an 
 action ; the person so calling. 
 
 Tons, I. fr. In old English law. You. Vous aves, or avez: you have ; 
 — cy: you have here, — the old form of commencing a pleading when 
 delivered ore tenus. Vous veies, voies, or veitz bien cement: you 
 Bee well how, — formal words anciently used by counsel in addi-essing 
 the court. 
 
 "^ttXjLl. In old English law. Speech; saying; statement Voxemissa 
 Tolat; litera scripta manet: the spoken word flies; the writteu 
 letter remains. 
 In Scots law. Vox signata: an emphatic or essential word. 
 
 Voyagfe. The passage of a vessel from one port to another or to others. 
 Voyage insured: a transit at sea from the terminus a quo to the 
 terminus ad quem, in a prescribed course of navigation, — never set 
 out, but a part of every policy. Voyage of the ship: the course of 
 navigation on and in which a vessel actually sails. 
 
 Voyer, I. fr. In old English law. To go ; to issue. 
 
 Voys, I. fr. In old English, law. Voice ; word ; speech ; saying. 
 
 Vs. A common contraction of versus. 
 
 Vulgaris, Z. Common. Vulgaris opinio: common opinion ; — est du- 
 plex, sc. opinio vulg'aris orta inter graves et discretos, et quae 
 vultum veritatis habet, et opinio tantum orta inter leves et vul- 
 gares homines, absq\ie specie veritatis: common opinion is two- 
 fold, viz., common opinion which originates among grave and dis- 
 creet men, and which has a countenance of truth, and an opinion 
 which originates only among light and vulgar men, without a show 
 of ti'uth. 
 In old English law. Vulgaris purgatio: common purgation, — a 
 name given to the trial by ordeal, to distinguish it from the canon- 
 ical purgation, which was by oath. 
 
 Vulgo concepti, I. In the civil law. Spurious children ; bastards ; those 
 who cannot point out their father, or who have a father whom it is 
 not lawful to have. Vulgo queesiti: spurious children; the off- 
 spring of promiscuous cohabitation. 
 
 Wacreonr, I. fr. In old English law. A vagabond, or vagrant. 
 Wadset. In Scots law. A setting or putting to pledge ; a disposition 
 
 of lands, answering to a mortgage in English law. 
 Wadsetter. In Scots law. A creditor to whom a wadset is granted. 
 
WAGA — WAKENING. 695 
 
 Waga, Taga, I Z. In old English law. A measure of cheese, salt, wool, 
 etc., containing two hundred and fifty-six pounds avoirdupois ; a 
 weigh. 
 
 Wage. In old English law. To give security for the performance of a 
 thing. Wage battel: to give security for joining in the duellum. 
 Wage law: to give security to make one's 1p,w. 
 
 Wage, I. fr. In old English law. Gage ; pledge. 
 
 Wager. A contract by which two or more agree that a certain sum of 
 money or other thing shall be paid or delivered to one of them, on 
 the happening or not happening of an uncertain event; at common 
 law not invalid unless upon a subject illegal, contrary to public po- 
 licy, good morals, the peace of society, or the interests of third per- 
 sons. Wager policy: a policy without any real interest in the as- 
 sured to support it ; a policy in which the assured has no interest 
 In old English law. Wager of battel: the giving of a gage or pledge 
 to try a cause by battel, or single combat. Wager of law: the giv- 
 ing of gage or sureties by a defendant in an action of debt, that at a 
 certain day assigned he would make his law, — would take an oath 
 in open court that he did not owe the debt, and bring eleven neigh- 
 ^ bors, called compurgators, who would make oath that they believed 
 that he said the truth. 
 
 Wages. CompensatioQ for services by the day, week or month ; com- 
 pensation to a hired person for his services. 
 
 Waif, waife, wayf, wayfe, weyfe. In English law. A thing stolen, 
 which is thrown away by the thief in his flight, for fear of being 
 apprehended. 
 
 Wainage, Wainagiuin, wanaginm, waynagiuin, I. I. In old English 
 law. The team and instruments of husbandry with which a villein 
 performed his services. 
 
 Waive. To throw away from one ; to throw aside, as a thief does the 
 thing he has stolen, in his flight ; to give up that of which one has 
 the possession ; to abandon; to relinquish voluntarily. 
 In old English law. To forsake ; to desert ; to abandon. 
 
 Waiver. A throwing aside, abandonment or relinquishment ; a passing 
 by or over ; the express relinquishment of a right or advantage, 
 which one may enforce or insist upon; the implied relinquishment 
 of a right or advantage, by neglecting duly to enforce it, or act 
 on it. 
 
 Waiviare, wayviare, weyviare, Z. ?. In old English law. To waive; to 
 throw away ; to forsake, or abandon ; to outlaw a woman. 
 
 Waiviaria, I. I. In old English laiv. The outlawing of a woman. 
 
 Waiviuin, I. I. In old English laui. Waif ; a waif. 
 
 Wakening. In Scots law. The revival of an action, — a process by which 
 an action that has lain over and not been insisted in for a year and 
 a day is wakened, or put in motion again. 
 
696 WALLA — WARD. 
 
 Walla, wallia, 1. 1. In old Englinh law. A bank of earth cast up for a 
 boundary ; a wall ; a sea-walL 
 
 Wallare, I. I. In old English law. To repair or keep up a wall ; to wall 
 or enclosa Wallatur fossato Tel haia: it is enclosed with a ditch 
 or with a hedge. , 
 
 Wallesheria, I. I. In old English law. Waleschery ; the fact of being 
 a Welshman. 
 
 Tfallia, 1 1. In old English law. A wall ; a sea-wall^ a mound, bank 
 or wall erected as a protection against the sea. 
 
 Waud of peace. In Scots law. A wand or staff carried by the mes- 
 senger of a court, which, when he is hindered from executing pro- 
 cess, he breaks, as a symbol of the deforcement, and protest for rem- 
 edy of law. 
 
 Wanton. Reckless ; regardless of the right of others. 
 
 Wapentake. In English law. A division of a county in the north of 
 England, corresponding with a hundred ; a hundred court, or hun- 
 dred-gemote. 
 
 War. An armed contest between nations, or between different portions 
 of the same nation, — when between nations called public ; when 
 between portions of the same nation, and arising out of insurrec- 
 tion, civil. 
 
 Waractum, I. I. In old English law. Fallow ; fallow-ground. 
 
 Warantia, I. I In old English law. Warranty ; guaranty. 
 
 Warantizare, I. I. In old English law. To warrant. Warantizare 
 nihil alind est qnam tenentem Vocantcui del'endere in sua seisina 
 vel possessione erg'a petentem: to warrant is nothmg else than to 
 defend a tenant, vouching in his seisin or possession, against the de- 
 mandant 
 
 Warantizatio, It In old English law. Warranty. 
 
 Warantizo, I I. In old English law. I warx-ant. 
 
 Warantns, warrantus, I. I. In old English law. One who had cove- 
 nanted to warrant another's title, and who might be called on, or 
 vouched to defend it ; a warrantor. 
 
 Ward. A person under the care of a guardian ; a division of a city, — 
 so called because under the care of an alderman. 
 In English law. Ward-mote: a court held in every ward in London. 
 In old English law. Guard, pi-otection ; the state of being under pro- 
 tection or guardianship; an infant under guardianship, a place 
 under protection of a person; a state of confinement; a place of 
 confinement Ward-corn: the duty of keeping ward with a horn 
 with which to give warning. Ward-fegh, ■ward-feoh: ward fee; 
 the value of a ward, or the money paid to the lord for the ward's 
 redemption. Ward-penny, Tvarth-penny, warpen: money paid to 
 the sheriff for the duty of watching a castle. Ward-wit, ward-wite, 
 , frard-wyte: immunity from the service of ward. 
 
WARD — WARRANT. 697 
 
 In old Scots law. Ward-holdingf: tenure by military service,— the 
 proper feudal tenure of Scotland. 
 
 Warda, I. I. In old English law. Protection ; keeping. An infant under 
 wardship ; a ward. 
 
 Warda, Tarda, I. I. In old Scots law. An award ; the judgment of a 
 court 
 
 Wardare, vardare, 1. 1 In old Scots law. To award ; to pronounce 
 judgment. 
 
 Wardegemot. In Saxon law. The meeting of the inhabitants of a 
 ward ; a court held in or for a ward. 
 
 Warden. One who has by office the charge of a person or thing ; a 
 keeper. 
 In English law. Warden of the Cinque Ports: the governor or pre- 
 siding ofiScer of the Cinque Ports. 
 
 Wards and Liveries, In English law. The title of a court of record, 
 established in the reign of Henry VIII., mainly for the management 
 of matters relating to the king's wards under tlie law of feudal 
 tenure. 
 
 Wardship. In feudal and old English law. The right of the lord to 
 act as guardian to the heir of a tenant by knight-service, — a right 
 which consisted in having the custody of the body and lands of 
 the heir, without account of profits, till the age of twenty-one in 
 males, and sixteen in females, 
 
 Warect, I. Jr. In old English law. Fallow. 
 
 Warectare, I. I. In old English law. To fallow ground ; to plough up 
 land in the spring, in order to let it lie fallow for its improvement 
 until the sowing in the autumn. 
 
 Wareetnm, waractuin, wareccuin, I. I. In old English law. Fallow 
 ground ; land that has been neglected and long untilled. 
 
 Warenna, I. I. In old English law. Warren ; a warren. 
 
 Warentizare, I, I. In old English law. To warrant ; to save one harm- 
 less. 
 
 Warrandice. In Scots law. Warranty ; a clause in a deed or charter 
 by which the grantor obliges himself that the right conveyed shall 
 be effectual to the receiver. 
 
 Warrant. To give assurance of the existence of a fact, as of the quality 
 of a thing sold, or the validity of the title, or of the uses, etc., of 
 property insured. 
 
 Warrant. An authority from competent authority to do some act; a 
 process under seal, issued by some court or justice, authorizing the 
 oflScer to whom it is directed to arrest a person named, or to take 
 certain property. Warrant of attorney: a written authority, di- 
 rected to an attorney of a court of record, to appear for the party 
 executing it, and receive a declaration in an action at the suit of a 
 person named, and thereupon to confess the same, or to suflEer judg- 
 ment to pass by default 
 
698 WARRANT— WAST. 
 
 In old English law. Warrant to sne and defend: a special warrant 
 from the crown, authorizing a party to appoint an attorney to sue 
 or defend for him. 
 
 Warrantia, warantia, I. I. In old English law. Warranty. War- 
 rantia charts): warranty of charter; a writ which lay for one 
 who, being enfeoffed with a clause of warranty, was afterwards im- 
 pleaded in an action in which he could not vouch to warranty. 
 Warrantia diei: warranty of day. v. De warrantia diet. 
 
 Warrantizare, warantizar^, warentizare, warrantisare, I. I. In old 
 English law. To warrant ; to bind one's self by covenant in a deed 
 of conveyance, to defend the grantee in his title and possession. 
 Warrantizabo: I will warrant. Warrantizablmus: we will war- 
 rant. 
 
 Warrantizatio, 1. 1. ■ In old English law. Warranty. 
 
 Warrantus, warantus, I. I. In old English law. A warrantor ; one who 
 had warranted land by covenant, and might be called on or vouched 
 to defend the title. Warrantum TOcare: to call or vouch a war- 
 rantor. 
 
 Warranty. An undertaking or stipulation, written or oral, that a fact 
 relating to the subject of a contract is or shall be as stated or prom- 
 ised. An assurance by the seller on a sale of personalty as to the 
 thing sold, the quantity, the quality or the title, — express, when in 
 words of representation or affirmation entering into the considera- 
 tion, and understood and relied on by the buyer as a warranty ; im- 
 plied, when inferred by the law from the nature of the entire trans- 
 action, as that the thing is fairly merchantable, or fairly fit for the 
 purpose for which it is bought, etc. A covenant by which a grantor 
 of realty, for himself and his heirs, warrants the estate granted. A 
 stipulation by the assured in a contract of insurance that a fact 
 touching the risk is as represented. Warranty deed: a deed con- 
 taining a covenant of warranty. 
 In old English law. 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 ; an 
 undertaking by covenant to defend a tenant or grantee in his seisin, 
 against an adverse claimant; the complying wither fulfilling of 
 one's covenant of warranty, by defending the title or seisin of a 
 tenant or grantee, in an action brought against him by an adverse 
 claimant, or by indemnifying the tenant by conveying to him others 
 of equal value. 
 
 Warren. In English law. A place privileged by prescription, or royal 
 grant, for the keeping and preservation of certain animals, called 
 beasts and fowls of warren: a franchise of killing certain descrip- 
 tions of game, so far as a person's warren extended, on condition of 
 his preventing other persons. 
 
 Wast, I. Jr. In old English law. Waste. Wast de boys: waste of woods. 
 
WASTE — WAVESON. 699 
 
 Waste. Any squandering or misapplying of property by persons 
 charged witii a trust or duty in respect to it, by which the property 
 is lost or diminished in value ; the destruction or material alteration 
 of any part of a tenement by a tenant for life or for years, to the 
 injury of the person entitled to the inheritance. Waste is voluntary 
 or permissive, — voluntary, when actually committed ; permissive, 
 when it is the result of omission or neglect. It is legal or equitable, — 
 legal, when such as a court of law may restrain; equitable, when 
 "" such as a court of equity alone can restrain. It is double when com- 
 mitted for the repair of other waste. 
 In old English law. A prerogative or liberty on the part of the crown, 
 of committing waste on the lands of felons, by pulling down their 
 houses, extirpating their gardens, ploughing their meadows, and 
 cutting down their woods. 
 
 Waste, writ of. An old mixed action which lay for one who had the 
 next estate of inheritance, against a tenant for life, etc., who was 
 committing wasta It has long since given place to the action on 
 the case and to the remedy by bill in equity for an injunction. 
 Waste in the tenet: the writ which lay when the particular estate 
 still existed, and the writ was brought both for the damages and 
 for the estate. Waste in tlie tenuit: the writ which lay when the 
 particular estate was at an end, and the writ was for damages only. 
 
 Watch and ward. In English law. The duty of keepmg watch by 
 night, and guard by day, in a town or other district; one of the 
 principal duties of constables, arising from the statute of Winchester. 
 
 Water-course. A stream of water, usually flowing in a defined chan- 
 nel, and discharging itself into some other stream or other body of 
 water. Water-mark: means, when referred to as a boundary, the 
 mark to which water ordinarily ascends or decends. Water-poTver: 
 the fall in a stream in its natural state. Water-measure: a measure 
 greater than Winchester measure by about three gallons in the 
 bushel. 
 In English law. Water-bailiff: an officer in port towns, whose duties 
 
 in general relate to tlie searchiug of ships. 
 In old English law. Water-gang: a passage for water ; a trench to 
 carry a stream of water, such as were usually made in sea-walls, to 
 drain water out of the marshes. Water-gavel: a gavel or rent paid 
 for fishing in, or other benefit received from, some river or water. 
 In Scixon and old English law. Water-ordeal: the ordeal or trial by 
 water, which was by plunging the bare arm up to the elbow in boil- 
 ing water, or by casting the person suspected into a river or pond of 
 cold water. 
 
 Watling or Wetling street. One of the four great Roman roads in 
 Britain. 
 
 Wayesou. In old English law. Such goods as, after a wreck, swim or 
 float on the waves. 
 
700 WAY-WERRA. 
 
 Way. A right of passage over land ; the path or road over which such 
 a right obtains ; particularly the right of a man and his heirs, or 
 of the owner of an article, or of a certain class of persons, to pass 
 through the land of another, — a kind of easement. A way, re- 
 garded as a road, is public or private, — public, when it is a lawful 
 road open to the public, as are the great roads that lead from town 
 to town, and from one public place to another ; private, when es- 
 tablished by law for the use of particular persons, a way, for in- 
 stance, leading from a public way to the house of a private person. 
 
 Way-going crop. A crop of grain to which a tenant for years is some- 
 times entitled by custom ; a crop which will not ripen until after the 
 termination of the lease. 
 
 WayTium, I. I In old English law. That which no one claims ; a 
 waif. 
 
 Weald, sax. A wood ; the woody part of a country. 
 
 Wear, 'weir. A place in a river, constructed for taking fish, by so nar- 
 rowing the stream that the passage may be easily closed by a net. 
 
 Wedbedrip, sax. In old English law. A customary service which 
 tenants paid in cutting corn or doing other harvest duties. 
 
 Wedde, sc. In old Scots law. A pledge. 
 
 Wedue, Z. /r. In old English law. Widow; a widow. "Weduesfemmes: 
 widows. 
 
 Wef, I Jr. In old English law. A waif. 
 
 Wear and tear. Deteriration by use. 
 
 Week. A period of time, of seven days' duration ; a period, more par- 
 ticularly, beginning Sunday morning and ending at midnight of the 
 next Saturday. 
 
 Welsh mortgaafe. A mortgage now out of use, resembling the ancient 
 mortuum vadium, — being a conveyance redeemable at any time, on 
 payment of the principal, the profits in the meantime to be received 
 in satisfaction of interest. , 
 
 Wera, I. l. Were, sax. In Saxon and old English law. The price or 
 value of a person ; a fine paid by a murderer to the family or rela- 
 tives of the deceased. 
 
 Weregelt tlief, sax. In old English law. A robber who might be ran- 
 somed. , 
 
 Weregild, wergild, weregelt, sax. In Saxon law. Payment of a 
 were. 
 
 Werelada, sax. and" I. L In Saxon and old English law. Purgation of 
 a were or fine ; purgation upon oath of other persons, according to 
 the value or estimate of the person accused. 
 
 Wergelt, vergelt. In old Scots law. A sum paid by an offender, as 
 a compensation or satisfaction for the offense; a weregild, or wer- 
 gild. 
 
 Werra, gnerra, 1. 1 In old English law. War, private as well as 
 public. 
 
W EERINUS — WIC. 701 
 
 Werrinns, I. L In old English law. In a state of war ; at war. 
 
 Wervagium, 1 1. In old English law. Wharfage ; money paid at a 
 wharf for lading or unlading goods. 
 
 Westminster. A city adjacent to London ; the seat of the four superior 
 courts of the kingdom. Westminster I.: a statute of 3 Edw. I. con- 
 taining fifty-one chapters and many provisions respecting the purga- 
 tion of clerks, felons, paine forte et dure, marriage of wards, etc. 
 Westminster II.: a statute of 13 Edw. I. containing the statute de 
 donts and various provisions respecting /ormedon, advowsons. vouch- 
 ing to warranty, etc. Westminster III.: the statute of 18 Edw. I., 
 commonly known as the statute of Quia emptores. 
 
 Westmonasterlnm, 1 1 Westminster. 
 
 West-Saxon lage. The laws of the West-Saxons, which obtained in the 
 counties to the south and west of England, from Kent to Devonshire. 
 
 Wcyviare, weyvare, 1. 1 In old English law. To waive, or abandon ; 
 to outlaw a woman. 
 
 Weyvium, I I. In old English law. That which no one claims; waif. 
 
 Wliarf. A perpendicular bank of stone, earth, or timber raised on the 
 shore of a harbor, river, canal, etc., or extending some distance into 
 the water, for the convenience of lading and unlading vessels. 
 
 Wharfage. Money paid for landing goods at a wharf, or for taking 
 goods thence into a vessel ; a fee for tying a vessel to a, wharf. 
 
 Wharfinger. One who keeps a wharf. 
 
 Wheel. An instrument of a barbarous capital punishment, said to have 
 been first employed in Germany, in which the criminal is bound, 
 with his limbs extended, and his limbs broken by blows struck by 
 the executioner. 
 
 White acre. A fictitious name given to a piece of land. 
 In old English law. White rent: rent payable in silver, or white 
 
 money, v. Alba flrma; Blanch ferme. 
 In Scots law. White bonnet: a fictitious oflferer or bidder at a roup 
 or auction sala 
 
 Whittanwarii, /. I. In old English law. Offenders who whitened stolen 
 ox-hides and horse-hides so that they could not be known and iden-- 
 tified. 
 
 Whole blood. Blood compounded wholly of the same ingredients; 
 blood derived from the same couple of ancestors; kinship by de- 
 scent from the same pair of ancestors. 
 
 Wholesale. Sale in a whole or unbroken quantity ; sale of goods by 
 the unbroken piece or in quantity. 
 
 Wic, wife, wye, saoo. In old English law. A house ; a country house, 
 or farm; a castle; a town, or village. Wic is a common termina- 
 tion of the names of towns and villages in England. 
 
 Wic, wich, wig, sax. In old English law. A bay of the sea or of a. 
 river; a place where ships lie and unload Wioh is a common tei- 
 minatiou of the names of towns and villages in England. 
 
702 WICK — WITENA. 
 
 Wick. A termination of words denoting jurisdiction, or limits of juris- 
 diction or authority. 
 
 Widow. A woman who has lost her husband by death. Widow's 
 quarantine: the time after the death of a man during whicli his 
 widow may remain in his chief mansion without paying rent, 
 and during which her dower is to be assigned, — a period of forty 
 days. 
 
 In English law. Widow's chamber: the apparel and furniture of her 
 bedchamber, to which, by a custom of London, a widow is entitled. 
 In Scots law. Widow's terce: the right of a widow to a third part 
 of her husband's rents. 
 
 Wife. A woman who has a husband living. Wife's equity: the equi- 
 table right of a married woman to a reasonable and adequate provis- 
 ion, by way of settlement or otherwise, out of her choses in action, 
 or out of any property of hers which is under the jurisdiction of the 
 court of chancery, for the support of herself and her children. 
 
 Will. That faculty of the mind which chooses between one object or 
 end and another ; a disposition of real and personal property to take 
 effect after the death of the person who makes it ; the instrument by 
 which such a disposition is made. v. Ambulatorius, etc. ; Mineupa- 
 tive will; Quum in testamento, etc. ; Voluntas, etc. Wills, statute of: 
 the statute 33 Hen. VIII., c. 1, by which a person seised in fee simple, 
 socage tenure, was enabled to devise all his lands at pleasure, except 
 to corporations, and a person seised in chivalry, two-thirds. 
 In Scots- law. That part of a process which contains the mandate, 
 
 Winchester, statute of. The statute of 13 Edw. I., by which the old 
 Saxon law of police w.is enforced, with many additional provisions. 
 Winchester measure: the standard measure of England, originally 
 kept at Winchester. 
 
 Wishny, laws of. A code of maritime laws, compiled at Wisbuy, Goth- 
 land, Sweden, towards the close of the thirteenth century, and soon 
 afterwards adopted by all the nations of modern Europe. 
 
 Wit, wyt, wyte, witt. In Saxon, old English and Scots law. Know ; 
 to know ; to have knowledge of. 
 
 Wita, wyta, L I. In Saxon law, A fine, or mulct; a penalty; a sum 
 paid by way of punishment for an offense. 
 
 Witan, sax. In Saxon law. Wise men ; persons of information, es- 
 pecially in the laws ; the king's advisers, members of his council ; 
 the principal men of the kingdom. 
 
 Wite, wit, wyte. In Saxon law. A fine for an offense ; distinguished 
 from were, which was paid to the injured person or his relatives, in 
 being paid to the crown or the magistrate ; an amercement, an im- 
 munity from amercement 
 
 Witena dom, sax. In Saxon law. The judgment of the county court,, 
 or other court of competent jurisdiction, on the title to property, 
 real or personal. 
 
WITENA-GEMOTB— WOOD. 703 
 
 Witena-gemote, wettena-geinote, gewitena-geinote, sax. In Saxon 
 law. The assembly of wise men, — the Saxon national council or 
 parliament, assembled on important or solemn occasions. 
 
 Witerden, witeredeu, sax. In Saxon law. A kind of taxation among 
 the West-Saxons, imposed by the public council of the kingdom ; a 
 subsidy. 
 
 With. Along with in time or place ; in the old books, in the srnse of 
 for. With strong liand: with force,— a pluase used in describmg 
 a forcible entry. 
 
 Withdrawing a juror. A method of suspending proceedings in an ac- 
 tion by leaving the juiy incomplete, the parties sharing the costs, 
 which may be done by direction of tlie court where to proceed 
 would be unjust to a party,— and no bar to a future action. With- 
 drawing a record: a method of suspending proceedings in an ac- 
 tion by withdrawing the nisi prius record before the trial is begun. 
 
 Withernam, sax. and eng., Withe.rnaiuiam, I. Other taking; a taking 
 by way of reprisal ; a taking of goods upon a capias, in lieu of goods 
 taken and eJoined or withheld so that they cannot be replevied, the 
 taking being by way of reprisal and as a punishment for the withr 
 holding. 
 
 Without children, v. Sine liberis. Without day: without the appoint- 
 ment of a day to appear again; finally dismigsed. v. Sine die; Eat 
 inde sine die. Without impeachment of waste: a clause inserted in 
 leases for life, to give the tenant authority to cut timber on the land 
 leased. Without more: without further words. Without recourse: 
 a clause in the indorsement of negotiable instruments, inserted to 
 exempt the indorser from liability. Without stint: without limit; 
 without any specified number, v. Sans nombre. Without this, 
 that: formal words in pleadings by way of traverse, particularly by 
 way of special traverse, importing an express denial of some matter 
 of fact 
 
 Witness. A person who knows or sees a thing; one who sees the ex- 
 ecution of an instrument, and subscribes it for the purpose of con- 
 firming its authenticity by his testimony; a person who gives 
 evidence to a judicial tribunal. Witnesses de visn et anditn: wit- 
 nesses of sight and hearing, who spoke to the fact itself, — the origin 
 of the modern jury. v. Compurgator; Secta. 
 
 Wolfshead. In old English law. A person outlawed, he being without 
 the protection of the law, and subject to destruction like a wild 
 beast, in case he resisted apprehension, and so said to carry a wolf's 
 head. 
 
 Wood. Trees cut down or felled, not growing. 
 
 In old English law. Wood-corn: a certain quantity of grain, paid by 
 
 customary tenants, for libei'ty to pick up dead or broken wood. 
 
 Wood-geld: money paid for the liberty of -tating wood in a forest ; 
 
 immunity from such payment. Wood-mote: in forest law, the old 
 
704 WOOD -WRIT. 
 
 name of the court of attachments, otherwise called the forty days' 
 court. Wood-street compter: the name of an old prison m London. 
 Wood-ward: in forest law, a keeper ; one whose office was tol pro- 
 tect the wood, and who was sworn to present all offenses against 
 vert and venison, at the forest courts. 
 
 Woolsack. The seat of the Lord Chancellor in the House of Lords ; so 
 called from its being a bag of wool. 
 
 Wound. An injury to the person, by which the skin is divided, or its 
 continuity broken, — the whole skin, not the cuticle or upper skin 
 merely. 
 
 Wounding. The offense of inflicting a wound. 
 
 Worthiest of blood. In English law. A term applied to males, ex- 
 pressive in the law of descent of the preference given to them over 
 females. > 
 
 Wreck. In American law. Goods cast ashore by the sea, and not 
 claimed by the owner within a yeaiy or other specified period, — 
 which become the property of the state. 
 In English law. Goods which, after a shipwreck at sea, are by the 
 sea cast upon the land ; goods so cast ashore in cases where no 
 creature has escaped alive, forfeited to the crown. 
 In old English law. Anything thr;own upon the land by the sea ; a 
 thing thrown out of a vessel, with the intention of thi'owing it away, 
 and afterwards found ; a thing derelict 
 
 Wreckfree, wrecfree, yvrectry. In old English law. Exempt from the 
 forfeiture of shipwrecked goods and vessels to the king. 
 
 Wreckuni, wreccuin, wreccnm maris, wreetum, I. l, Wrek, wreke, 
 wrekke, I. fr. In old English law. A thing thrown out of a ship, 
 without the intention of reclaiming it; goods or other things cast 
 ashore by the sea from a wrecked vessel ; wreck. 
 
 Writ. A writing ; a mandate or precept ; an instrument in writing by 
 which a court commands a person to whom it is directed to do some 
 act ; an instrument in writing, running in the name of the sover- 
 eign, and issued out of a court, under seal, directed to pome minis- 
 terial oificer, or to the party, commanding that some act be done. 
 Writ of entry: v. Entry, writ of. Writ of inquiry: v. Inquiry, 
 writ of. Writ of error: a writ to correct error, v. Error, writ of. 
 In English law. Originally, the written command of the king, or of 
 sonie member of his household ; later, the written command or pre- 
 cept of a court, or of some officer authorized. It is original when it 
 issues from chancery under the king's seal at the beginning of the 
 action, and judicial when it issues from a court during the progress 
 of an action ; it is close or clause when sealed, and open when not 
 sealed. Writ de cursn: writ of course, — a writ issued by the crown, 
 or by a court or person authorized by the crown, as matter of right, 
 as distinguished from special writs issued by the royal authority as 
 matter of favor. Writ on the case: a writ issued under the statute 
 
WRIT — YALEMAINEa 705 
 
 of Westminster 11., c. 24, providing for the issue of writs in cases 
 similar to tliose in whicli writs had been issued de cursu prior to 
 promulgation in 1358 forbidding the issue of new writs. 
 In old English law. Writ of right: a writ which lay to recover lands 
 in fee simple, unjustly withheld from the owner, — the great and 
 final remedy for the recovery of the right of property, or mere 
 right, as distinguished from the right of possession, and in its nat- 
 ure the highest writ in the law. 
 In Scots law. A writing ; an instrument in writing, as a deed, bond, 
 contract, etc. 
 
 Write. To express ideas by letters visible to the eye ; to impress letters 
 on paper or parchment with an instrument or material which makes 
 them permanently visible. 
 
 Writer to the signet. In Scots law. Anciently writers to the signet 
 were clerks in the office of the secretary of state who prepared writs 
 passing the king's signet, etc. They are attorneys or solicitors, and 
 privileged to try causes in the Court of Session. 
 
 Writing. The expression of ideas by letters visible to the eye ; the out- 
 ward, visible form in which the contract, will or direction of a per- 
 son is expressed ; a thing written ; a written instrument or docu- 
 ment Writing obligatoi'y: the name by which a bond is described 
 in pleading. 
 
 Written law. Statute law ; law deriving its force from express legisla- 
 tive enactment One of the two leadings divisions of the Roman 
 ■law, comprising the leges, plebiseita, senatus-consulta, principum 
 plaeita, magistratuum edicta, and responsa prudentum. 
 
 Wrong. The violation of a right, or of law, either by a positive act, or 
 by neglecting to comply with some express requirement of law. 
 
 Wrongous, wrangous. In Scots law. Wrongful ; unlawful. 
 
 Wnlvesheved, walfesheofod, sax. In Saxon law, A person outlawed. 
 V. Wolfshead, 
 
 Wnrth, sax. In Saxon law. Worthy ; competent ; capable, v. Othes- 
 worthe. 
 
 Wyta, wita, 1. 1. In Saxon and old English law. A fine, or mulct; a 
 wite. 
 
 Wyte, sax. In old English law. Acquittance or immunity from amerce- 
 ment 
 
 Xenodochinm, gr.-l In the civil and old English law. An inn licensed 
 for the entertainment of strangers ; a place where sick and infirm 
 persons were cared for ; a hospital 
 
 Y, fr. There. ¥ est; there ia 
 
 Ya et nay. In old English law. Mere assertion and denial, without 
 
 oath. 
 Yalemaines, jalemiens, I fr. At least; however. 
 45 
 
706 YCEL — ZYGOSTATES. 
 
 Ycel, I fr. It ; this ; the same. Tcenx, ycoaux, I fr. Those ; them. 
 
 Tear. The period of three hundred and sixty-five days, or twelve calen- 
 dar months. Year and day: a period of time limited bj- lavir for 
 many purposes, virhich in some oases determines a right, in others 
 works a prescription. Tear Books: the oldest English reports extant; 
 beginning with the reign of Edward IL and ending with the reign 
 of Henry VIIL 
 In English law. Tear, day and waste: a prerogative of the crown to 
 have the lands held in fee simple by persons attainted for murder, 
 for a year and a day, and to commit waste therein at pleasure 
 
 Teoman, yoman, yeman. In English law. A commoner ; a freeholder 
 under the I'ank of gentlemaa 
 
 Teoven, yeven, yeuen, o. eng. In old English law. Given. 
 
 Tield. To give as claimed of right ; to give up ; to give way ; to give 
 place to. 
 
 Tielding and paying. The initial words of that clause in a lease, in 
 which the rent to be paid is reserved ; an implied covenant to pay. 
 
 Tork, custom of. A custom of York in England, by which the effects 
 of an intestate, after payment of his debts, are in general divided 
 according to the ancient universal doctrine of the pars rationahilis. 
 Tork, statute of: a statute passed at York, 13 Edw. IL, containing 
 provisions on the subject of attorneys, witnesses, the taking of in- 
 quests by nisi prius, etc. 
 
 Zelde, o. sc A gift or donation. 
 
 ZygostateS, gr.-L In the civil law. A weigher ; a weigher of money. 
 
KF 156 K55 
 
 Author 
 
 Vol. 
 
 Kinney, J. Kendrick 
 
 Title Copy 
 
 A Law Dictionary and Glossaiy 
 
 
 
 Date 
 
 Borrower's Name