Professional Documents
Culture Documents
DICTIONARY OF LAW
CONTAINING
INCLUDING
THE dictionary now offered to the profession is the result of the author's endeavor
to prepare a concise and yet comprehensive book of definitions of the terms, phrases,
and maxims used in American and English law and necessary to be understood by
the working lawyer and judge, as well as those important to the student of legal
history or comparative jurisprudence. It does not purport to be an epitome or com-
pilation of the body of the law. It does not invade the province of the text-books,
nor attempt to supersede the institutional writings. Nor does it trench upon the
field of the English dictionary, although vernacular words and phrases, so far as
construed by the courts, are not excluded from its pages. Neither is the book en-
cyclopaedic in its character. It is chiefly required in a dictionary that it should be
comprehensive. Its value is impaired if any single word that may reasonably be
sought between its covers is not found there. But this comprehensiveness is possible
(within the compass of a single volume) only on condition that whatever is foreign
to the true function of a lexicon be rigidly excluded. The work must therefore con-
tain nothing but the legitimate matter of a dictionary, or else it cannot include all
the necessary terms. This purpose has been kept constantly in view in the prepara-
tion of the present work. Of the most esteemed law dictionaries now in use, each
will be found to contain a very considerable number of words not defined in any
other. None is quite comprehensive in itself. The author has made it his aim to
include all these terms and phrases here, together with some not elsewhere defined.
For the convenience of those who desire to study the law in its historical develop-
ment, as well as in its relations to political and social philosophy, place has been
found for numerous titles of the old English law, and words used in old European
and feudal law, and for the principal terminology of the Roman law. And in view
of the modern interest in comparative jurisprudence and similar studies, it has
seemed necessary to introduce a considerable vocabulary from the civil, canon, French,
Spanish, Scotch, and Mexican law and other foreign systems. In order to further
adapt the work to the advantage and convenience of all classes of users, many terms
of political or public law are here defined, and such as are employed in trade, bank-
ing, and commerce, as also the principal phraseology of international and maritime
law and forensic medicine. There have also been included numerous words taken
from the vernacular, which, in consequence of their interpretation by the courts or
in statutes, have acquired a quasi-technical meaning, or which, being frequently used
in laws or private documents, have often been referred to the courts for construction.
But the main body of the work is given to the definition of the technical terms and
phrases used in modern American and English jurisprudence.
In searching for definitions suitable to be incorporated in the work, the author
has carefully examined the codes, and the compiled or revised statutes, of the vari-
ious states, and from these sources much valuable matter has been obtained. The
definitions thus enacted by law are for the most part terse, practical, and of course au-
thoritative. Most, if not all, of such statutory interpretations of words and phrases
will be found under their appropriate titles. Due prominence has also been given
to definitions formulated by the appellate courts and embodied in the reports. Many
(iii)
of these judicial definitions have been literally copied and adopted as the author's
definition of the particular term, of course with a proper reference. But as the con-
stant aim has been to present a definition at once concise, comprehensive, accurate,
and lucid, he has not felt bound to copy the language of the courts in any instance
where, in his judgment, a better definition could be found in treatises of acknowl-
edged authority, or could be framed by adaptation or re-arrangement. But many
judicial interpretations have been added in the way of supplementary matter to the
various titles.
The more important of the synonyms occurring in legal phraseology have been
carefully discriminated. In some cases, it has only been necessary to point out the
correct and incorrect uses of these pairs and groups of words. In other cases, the
distinctions were found to be delicate or obscure, and a more minute analysis was
required.
A complete collection of legal maxims has also been included, comprehending as
well those in English and Law French as those expressed in the Latin. These have
not been grouped in one body, but distributed in their proper alphabetical order
through the book. This is believed to be the more convenient arrangement.
It remains to mention the sources from which the definitions herein contained
have been principally derived. For the terms appertaining to old and middle En-
glish law and the feudal polity, recourse has been had freely to the older English law
dictionaries,(such as those of Cowell, Spelman, Blount, Jacob, Cunningham,Whishaw,
Skene, Tomlins, and the "Termes de la Ley,") as also to the writings of Bracton, Lit-
tleton, Coke, and the other sages of the early law. The authorities principally relied
on for the terms of the Roman and modern civil law are the dictionaries of Calvinus^
Scheller, and Vicat, (with many valuable suggestions from Brown and Burrill,) and
the works of such authors as Mackeldey, Hunter, Browne, Hallifax, Wolff, and
Maine, besides constant reference to Gaius and the Corpus Juris Civilis. In preparing
the terms and phrases of French, Spanish, and Scotch law, much assistance has
been derived from the treatises of Pothier, Merlin, Toullier, Schmidt, Argles, Hall,
White, and others, the commentaries of Erskine and Bell, and the dictionaries of
Dalloz, Bell, and Escriche. For the great body of terms used in modern English
and American law, the author, besides searching the codes and statutes and the re-
ports, as already mentioned, has consulted the institutional writings of Blackstone,
Kent, and Bouvier, and a very great number of text-books on special topics of the
law. An examination has also been made of the recent English law dictionaries of
Wharton, Sweet, Brown, and Mozley & Whitley, and of the American lexicogra-
phers, Abbott, Anderson, Bouvier, Burrill, and Rapalje & Lawrence. In each
case where aid is directly levied from these sources, a suitable acknowledgment has
been made. This list of authorities is by no means exhaustive, nor does it make
mention of the many cases in which the definition had to be written entirely de now;
but it will suffice to show the general direction and scope of the author's researches.
H. C. B.
WASHINGTON. D. C , August 1, 1891.
Length Length
Sovereign. Accession. ol reign. Sovereign. Accession. of reign.
William I Oct. 14, 1066 81 Henry VII Aug. 22, 1485 24
William II Sept 26, 1087 13 Henry VIII April 22,1509. 88
Henry I Aug. 5,1100 86 Edward VI Jan. 28,1547. 7
Stephen . , Dec. 26,1135 19 Mary July 6,1553. 0
Henry II Dec. 19,1154 85 Elizabeth Nov. 17,1558 45
Richard I Sept. 23,1189. 10 James L March 24,1608 23
John May 27,1199 18 Charles I March 27.1625 24
Henry III Oct. 28,1216 57 The Commonwealth.... Jan. 80,1649 .11
Edward L ...Nov. 20,1272 85 Charles II May 29,1660. 87
Edward II July 8.1307. 20 James II Feb. 6,1685 4
Edward ILL Jan. 25,1326 51 William and Mary Feb. 18, 1689 14
Richard II June 22,1377 23 Anne March 8,1702 13
Henry IV Sept. 80,1399. 14 George I Aug. 1,1714 13
Henry V March 21,1413. 10 George II June 11,1727 84
Henry VI Sept. 1, 1422 89 George III Oct 25,1760 60
Edward IV March 4,1461 28 George IV. Jan. 29,1820 11
Edward V April 9,1483. William IV June 26,1830 7
Richard III June 26,1488 8 Victoria June 20,1837.
A.
A. The first letter of the English alpha- A COELO USQUE AD CENTRUM.
bet; used to distinguish the first page of a From the heavens to the center of the earth.
folio from the second, marked b, or the first A communi observantia non est re-
page of a book, the first foot-note on a printed cedendum. From common observance there
page, the first of a series ot subdivisions, etc., should be no departure; there must be no de-
from the following ones, which are marked parture from common usage. 2 Coke, 74;
b, c, d, e, etc. Co. Litt. 186a, 2296, 365a/ Wing. Max. 752,
A. Lat. The letter marked on the bal- max. 203. A maxim applied to the practice
lots by which, among the Romans, the people of the courts, to the ancient and established
voted against a proposed law. It was the forms of pleading and conveyancing, and to
initial letter of the word "antiquo," I am professional usage generally. Id. 752-755.
for the old law. Tayl Civil Law, 191. Lord Coke applies it to common professional
opinion. Co. Litt. 186a, 3646.
A. Lat. The letter inscribed on the bal-
lots by which, among the Romans, jurors A CONSILIIS. (Lat. consilium, advice.)
voted to acquit an accused party. It was Of counsel; a counsellor. The term is used
the initial letter of " absolvo," I acquit. Tayl. in the civil law by some writers instead of a
Civil Law, 192. responsis. Spelman, "Apqcrisarius."
"A." The English indefinite article. A CUEILLETTE. In French law. In
This particle is not necessarily a singular relation to the contract of affreightment,
term; it is often used in the sense of "any," signifies when the cargo is taken on condition
and is then applied to more than one indi- that the master succeeds in completing his
. vidual object. 141 Mass. 266, 4 N. E. Rep. cargo from other sources. Arg. Fr. Merc.
794; 101 N. Y. 458, 5 N. E. Rep. 322; 60 Law, 543.
Iowa, 223,14 K. W. Rep. 247.
A DATU. L. Lat. From the date. 2
A. D. Lat. Contraction for Anno Dom- Salk. 413. A die datus, from the day of the
ini, (in the year of our Lord.) date. Id.; 2 Crabb, Real Prop. p. 248, 1301;
A. R. Anno regni, the year of the reign; 1 Ld. Raym. 84, 480; 2 Ld. Raym. 1242. A
as, A. R. V. R. 22, {Anno Regni Victories dato, from the date. Cro. Jac. 135.
Reyincb vicesimo secundo,) in the twenty- A digniori fieri debet denominatio.
econd year of the reign of Queen Victoria. Denomination ought to be from the more
A 1. Of the highest qualities. An ex- worthy. The description (of a place) should
pression which originated in a practice of be taken from the more worthy subject, (as
underwriters of rating vessels in three classes, from a will.) Fleta, lib. 4, c. 10, 12.
A, B, and C; and these again in ranks A digniori fieri debet denominatio et
numbered. Abbott. resolutio. The title and exposition of a
thing ought to be derived from, or given, or
A AVER E T T E N E R . L. Pr. (L. Lat.
made with reference to, the more worthy de-
hdbendum et tenendum.) To have and to hold.
Co. Litt. 523, 524. A aver et tener a luy gree, quality, or species of it. Wing. Max.
Ha set heires, a touts jours,to have and to 265, max. 75.
hold to him and his heirs forever. Id. 625. A FORFAIT ET SANS GARANTIE.
See AVER BT TKNEB. In French law. A formula used in indors-
AM.DICT.LAW1
another to commit a crime; a person who, be- Unless this be done, a decree that the deed is
ing present or in the neighborhood, incites false will be pronounced. Pat. Comp. It
another to commit a crime, and thus becomes has the effect of pledging the party to stand
a principal. the consequences of founding on a forged
The distinction between abettors and ac- deed. Bell.
cessaries is the presence or absence at the
commission of the crime. Co well; Fleta, lib. ABIGEATOBES. In the civillaw. Cat-
1, c. 34. Presence and participation are nec- tle stealers; those who drove away cattle or
essary to constitute a person an abettor. 4 other animals, with the intention of stealing
Shars. Bl. Comin. 33; Russ. & R. 99; 9 Bing. them. A rarer form of abigei, (q. v.) Cal-
vin.
N. C. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick.
477. ABIGEATUS. Lat. (From abigere, to
ABEYANCE. In the law of estates. Ex- drive away.) In the civil law. The offense
pectation; waiting; suspense; remembrance of stealing or driving away cattle. Dig. 47,
and contemplation in law. Where there is 14,2.
no person in existence in whom an inherit- ABIGEI. Lat. In the civil law. Cattle
ance can vest, it is said to be in abeyance, stealers. Dig. 47, 14, 1, 1. Calvin.; Bris-
that is, in expectation; the law considering sonius; 4 Bl. Comm. 239. See ABIGEUS.
it as always potentially existing, and ready
to vest whenever a proper owner appears. 2 ABIGERE. Lat. (From ab, from; and
Bl. Comm. 107. Or, in other words, it is agere, to drive.) In the civil law. To drive
said to be in the remembrance, consideration, away. Applied to those who drove away ani-
and intendment of the law. Co. Litt. 646, mals with the intention of stealing them.
650. The term "abeyance" is also sometimes Dig. 47, 14, "De abigeis." Applied, also, to
applied to personal property. Thus, in the the similar offense of cattle stealing on the
case of maritime captures during war, it is borders between England and Scotland.
said that, until the capture becomes invested Scott's Minstrelsy of the Scottish Border, In-
with the character of prize by a sentence of trod. Append. No. vii.
condemnation, the right of property is in ABIGERE. To drive out; to expel by
abeyance, or in a state of legal sequestration. force; to produce abortion. Dig. 47,11, 4.
1 Kent, Comm. 102. It has also been applied
to the franchises of a corporation. "When a ABIGEUS. Lat. (From abigere, to drive
corporation is to be brought into existence byaway.) In the civil law. A stealer of cat-
some future acts of the corporators, the fran-tle; one who drove or drew away (subtraxit)
chises remain in abeyance, until such acts arecattle from their pastures, as horses or oxen
done; and, when the corporation is brought from the herds, and made booty of them, and
into life, the franchises instantaneously at- who followed this as a business or trade.
tach to it." Story, J., 4 Wheat. 691. Dig. 47, 14, 1, 1. The term was applied also
to those who drove away the smaller animals,
ABIATICUS, or Aviatious. L. Lat. as swine, sheep, and goats. Id. 47, 14, 1, 2.
In feudal law. A grandson; the son of a In the latter case, it depended on the number
son. Spelman; Lib. Feud., Baraterii, tit. 8, taken, whether the offender was fur (a com-
cited Id. mon thief) or abigeus. Id. 47, 14, 3. But
ABIDE. To "abide the order of the court" the taking of a single horse or ox seems to
means to perform, execute, or conform to have constituted the crime of abigeatus. Dig.
such order. 8 Cush. 297; 7 Tex. App. 38; 47,14,3. And those who frequently did this
108 Mass. 585. were clearly abigei, though they took but an
animal or two at a time. Id. 47,14,3,2. See
A stipulation in an arbitration bond that
Cod. 9, 37; Nov. 22, c. 15, 1.
the parties shall "abide by" the award of the
arbitrators means only that they shall await ABILITY. When a statute makes it a
the award of the arbitrators, without revok- ground of divorce that the husband has neg-
ing the submission, and not that they shall lected to provide for his wife the common
acquiesce in the award when made. 6 N. H. necessaries of life, having the ability to pro-
162; 48 N. H. 40. vide the same, the word "ability" has refer-
ABIDING BY. In Scotch law. A ju- ence to the possession by the husband of th
dicial declaration that the party abides by the means in property to provide such necessa-
deed on which he founds, in an action where ries, not to his capacity of acquiring such
the deed or writing is attacked as forged. means by labor. 9 Cal. 476.
which one acquires or procures the property an obligation to pay money or perform a duty.
in anything. Used also of the thing ac- It differs from a release in not requiring to be
quired. under seal.
Original acquisition is where the title to This word, though perhaps not strictly
the thing accrues through occupancy or ac- speaking synonymous with "receipt," in-
cession, (q. v.,) or by the creative labor of cludes it. A receipt is one form of an acquit-
the Individual, as in the case of patents and tance; a discharge is another. A receipt in
copyrights. full is an acquittance, and a receipt for a part
Derivative acquisition is where property in of a demand or obligation is an acquittance
a thing passes from one person to another. pro tanto. 51 Vt. 104.
It may transpire by the act of the law, as in
cases of forfeiture, insolvency, intestacy, A C Q U I T T E D . Released; absolved;
judgment, marriage, or succession, or by the purged of an accusation; judicially dis-
act of the parties, as in cases of gift, sale, or charged from accusation; released from debt,
exchange. etc. Includes both civil and criminal prose-
cutions. 26 Wend. 383,399.
ACQUIT. To release, absolve, or dis-
charge one from an obligation or a liability; ACRE. A quantity of land containing
or to legally certify the innocence of one 160 square rods of land, in whatever shape.
charged with crime. Serg. Land Laws Pa. 185; Cro. Eliz. 476,665;
6 Coke, 67; Poph. 55; Co. Litt. 56.
ACQUIT A CAUTION. In French law. Originally the word "acre" (acer, aker, or
Certain goods pay higher export duties when Sax. acer) was not used as a measure of land,
exported to a foreign country than when they or to signify any determinate quantity of land,
are destined for another French port. In or- but to denote any open ground, (latum quan-
der to prevent fraud, the administration com- tumvis agrum,) wide champaign, or field;
pels the shipper of goods sent from one which is still the meaning of the German
French port to another to give security that acker, derived probably from the same source,
such goods shall not be sent to a foreign and is preserved in the names of some places
country. The certificate which proves the in England, as Castle Acre, South Acre, etc.
receipt of the security is called "acquit a cau- Burrill.
tion." Argles, Fr. Merc. Law, 543.
ACREFIGHT, or ACRE. A camp or
ACQUITTAL. In contracts. A release, field fight; a sort of duel, or judicial combat,
absolution, or discharge from an obligation, anciently fought by single combatants, En-
liability, or engagement. glish and Scotch, between the frontiers of the
In criminal practice. The legal and two kingdoms with sword and lance. Called
formal certification of the innocence of a per- "campfight," and the combatants "cham-
son who has been charged with crime; a de- pions, " from the openfieldthat was the stage
liverance or setting free a person from a of trial. Cowell.
charge of guilt. ACROSS. Under a grant of a right of
The absolution of a party accused on a trial way across the plaintiff's lot of land, the
before a traverse jury. 1 Nott & McC. 36; 3 grantee has not a right to enter at one place,
McCord, 461. go partly across, and then come out at another
Acquittals in fact are those which take place on the same side of the lot. 5 Pick.
place when the jury, upon trial, finds a verdict 163. See 10 Me. 391.
of not guilty.
Acquittals in law are those which take ACT, n. In its most general sense, this
place by mere operation of law; as where a noun signifies something done voluntarily by
man has been charged merely as an accessary, a person; the exercise of an individual's pow-
and the principal has been acquitted. 2 Co. er; an effect produced in the external world
Inst. 364. by an exercise of the power of a person ob-
In feudal law. The obligation on the jectively, prompted by intention, and proxi-
part of a mesne lord to protect his tenant from mately caused by a motion of the will. In a
any claims, entries, or molestations by lords more technical sense, it means something done
paramount arising out of the services due to voluntarily by a person, and of such a nature
them by the mesne lord. See Co. Iitt. 100a. that certain legal consequences attach to it.
Thus a grantor acknowledges the conveyance
A C Q U I T T A N C E . In contracts. A to be his "act and deed," the terms being syn-
written discharge, whereby one is freed from onymous.
other or principal action; and so called from the restitution of the produce. Hunter, Rom.
its being determined before, (prius, oxpraju- Law, 332.
dicart.)
ACTIO RERUM AMOTAEUM. In
ACTIO PRJESCRIPTIS VERBIS. In the civil law. An action for things removed;
the civil law. A form of action which de- an action which, in cases of divorce, lay for
rived its force from continued usage or the a husband against a wife, to recover things
responsa prudentium, and was founded on carried away by the latter, in contemplation
the unwritten law. 1 Spence, Eq. Jur. 212. of such divorce, (divortii consilio.) Dig. 25,
2; Id. 25, 2, 25, 30. It also lay for the wife
ACTIO PR2ETORIA. In the civil law. against the husband in such cases. Id. 25,
A praetorian action; one introduced by the 2,7, 11; Cod. 5,21.
praetor, as distinguished from the more an-
cient actio civilis, (q. v.) Inst. 4, 6, 3; ACTIO RESCISSORIA. In the civil
Mackeld. Rom. Law, 207. law. An action for restoring the plaintiff to
a right or title which he has lost by prescrip-
ACTIO PRO SOCIO. In the civil law. tion, in a case where the equities are such
An action of partnership. An action brought that he should be relieved from the operation
by one partner against his associates to com- of the prescription. Mackeld. Rom. Law.
pel them to carry out the terms of the part- 226.
nership agreement.
ACTIO SERVIANA. In the civil law.
ACTIO PUBLICIANA. In the civil An action which lay for the lessor of a farm,
law. An action which lay for one who had or rural estate, to recover the goods of the les-
lost a thing of which he had bona fide ob- see or farmer, which were pledged or bound
tained possession, before he had gained a for the rent. Inst. 4, 6, 7.
property in it, in order to have it restored,-
under color that he had obtained a property ACTIO STRICTI JURIS. In the civil
in it by pi escription. Inst. 4, 6, 4; Heinecc. law. An action of strict right. The class of
El em. lib. 4, tit. 6, 1131; Halifax, Anal. b. civil law personal actions, which were ad-
3, c. 1, n. 9. It was an honorary action, and judged only by the strict law, and in which
derived its name from the praetor Publicius, the judge was limited to the precise language
by whose edict it was first given. Inst. 4, of the formula, and had no discretionary
6,4. power to regard the bona fides of the trans-
action. See Inst. 4, 6, 28; Gaius, iii. 137;
Actio quselibet it sua via. Every action Mackeld. Rom. Law, 210.
proceeds in its own way. Jenk. Cent. 77.
ACTIO TUTELiE. In the civil law.
ACTIO QUOD JUSSU. In the civil Action founded on the duties or obligations
law. An action given against a master, arising on the relation analogous to that of
founded on some business done by his slave, guardian and ward.
acting under his order, (Jussu.) Inst. 4, 7,
1; Dig. 15, 4; Cod. 4, 26. ACTIO UTILIS. In the civil law. A
beneficial action or equitable action. An ac-
ACTIO QUOD METUS CAUSA. In tion founded on equity instead of strict law,
the civil law. An action granted to one who and available for those who had equitable
had been compelled by unlawful force, or fear rights or the beneficial ownership of prop-
(metus causa) that was not groundless, erty.
(metus probabilis or Justus,) to deliver, sell, Actions are divided into directce or utiles ac-
or promise a thing to another. Bract, fol. tions. The former are founded on certain legal ob-
1036; Mackeld. Rom. Law, 226. ligations which from their origin were accurately
defined and recognized as actionable. The latter
ACTIO REALIS. A real action. The were formed analogically in imitation of the for-
proper term in the civil law was Rei Vindi- mer. They were permitted in legal obligations
for which the actiones directa* were not original*
oatio. Inst. 4, 6, 3. ly intended, but which resembled the legal obliga*
ACTIO REDHIBITORIA. In the civil tions which formed the basis of the direct action.
Mackeld. Rom. Law, | 207.
law. An action to cancel a sale in conse-
quence of defects in the thing sold. It was ACTIO VENDITI. In the civil law.
prosecuted to compel complete restitution to An action employed in behalf of a seller, to
che seller of the thing sold, with its produce compel a buyer to pay the price, or perform
and accessories, and to give the buyer back any special obligations embodied in a con-
the price, with interest, as an equivalent for tract of sale. Hunter, Bom. Law* 332.
&CTIO VIBONORTTM RAPTORTJM. breach of a penal statute, and which any man
In the civil law. An action for goods taken that will may sue on account of the king and
by force; a species of mixed action, which himself, as the statute allows and the case
lay for a party whose goods or movables requires. Because the action is not given to
{bona) had been taken from him by force, one especially, but generally to any that will
{vi) to recover the things so taken, together prosecute, it is called "action popular;" and,
with a penalty of triple the value. Inst. 4, from the words used in the process, (qui tarn
2; Id. 4, 6,19. Bracton describes it as lying pro domino rege sequitur quam pro se ipso,
de rebus mobilibus vi ablatis sive robbatis, who sues as well for the king as for himself,)
(for movable things taken away by force, or it is called a qui tarn action. Tomlins.
robbed.) Bract, fol. 1036. Real, personal, mixed. Actions are di-
vided into real, personal, and mixed; real
ACTIO VTJLGARIS. In the civil law. actions being those brought for the specific
A legal action; a common action. Some- recovery of lands or other realty; personal
times used for actio directa. Mackeld. Bom. actions, those for the recovery of a debt, per-
Law, 207. sonal chattel, or damages; and mixed actions,
those for the recovery of real property, to-
ACTION. Conduct; behavior; some- gether with damages for a wrong connected
thing done; the condition of acting; an act with it. Litt. 494; 3 BL Comm. 117.
or series of acts. Local actions are those founded upon a
In practice. The legal and formal de- cause of action which necessarily refers to,
mand of one's right from another person or and could only arise in, some particular
party made and insisted on in a court of jus- place, e. g., trespass to land.
tice. Transitory actions are those founded upon
An action is an ordinary proceeding in a a cause of action not necessarily referring to
court of justice by which one party prose- or arising in any particular locality.
cutes another for the enforcement or protec- Actions are called, in common-law practice,
tion of a right, the redress or prevention of ex contractu, when they are founded on a
a wrong, or the punishment of a public of- contract; ex delicto, when they arise out of a
fense. Code Civil Proc. Cal. 22; Code N. wrong.
Y. 2; Code N. C. 1883, 126. "Action" and "Suit." The terms "ac-
An action is merely the judicial means of tion" and "suit" are now nearly, if not en-
enforcing a right. Code Ga. 1882, 3151. tirely synonymous. (3 Bl. Comm. 3, 116, et
Action is the form of a suit given by law passim.) Or, if there be a distinction, it is
for the recovery of that which is one's due; that the term "action" is generally confined
the lawful demand of one's right. Co. Litt. to proceedings in a court of law, while
2846,285a. "suit" is equally applied to prosecutions at
law or in equity. Formerly, however, there
Classification of actions. Civil actions
was a more substantial distinction between
are such as lie in behalf of persons to en-
them. An action was considered as termi-
force their rights or obtain redress of wrongs
nating with the giving of judgment, and the
in their relation to individuals.
execution formed no part of it. (Litt. 504;
Criminal actions are such as are instituted
Co. Litt. 289a.) A suit, on the other hand,
by the sovereign power, for the purpose
included the execution. (Id. 291a.) So, an
of punishing or preventing offenses against
action is termed by Lord Coke, "the right of
the public. a mit.n (2 Inst. 40.) Burrill.
Penal actions are such as are brought,
either by the state or by an individual under In French commercial law. Stock in
permission of a statute, to enforce a penalty a company, or shares in a corporation.
imposed by law for the commission of a pro-
ACTION FOR POINDING OF THE
hibited act
GROUND. A term of the Scotch law. See
Common law actions are such as will lie,
POINDINO.
on the particular facts, at common law, with-
out the aid of a statute. ACTION OF A WRIT. A phrase used
Statutory actions are such as can only be when a defendant pleads some matter by
based upon the particular statutes creating which he shows that the plaintiff had no
them. cause to have the writ sued upon, although
Popular actions, in English usage, are it may be that he is entitled to another writ
those actions which are given upon the or action for the same matter. Cowell.
were not administered by the former exec- children. As such, he is ipsojure their tu-
utor or administrator. 2 Bl. Comm. 506. tor while they are pupils, and their curator
De bonis non cum testamento annexo. during their minority. The father's power
That which is granted when an executor dies extends over whatever estate may descend to
leaving a part of the estate unadministered. his children, unless where that estate has
3 Cush. 28; 4 Watts, 34, 38, 39. been placed by the donor or grantor under
Durante absentia. That which is granted the charge of special trustees or managers.
during the absence of the executor and until This power in the father ceases by the child's
he has proved the will. discontinuing to reside with him, unless he
Durante minori estate. Where an infant continues to live at the father's expense; and
is made executor; in which case administra- with regard to daughters, it ceases on their
tion with will annexed is granted to another, marriage, the husband being the legal cura-
during the minority of such executor, and tor of his wife. Bell.
until he shall attain his lawful age to act. A public administrator is an officer author-
See Godo. 102. ized by the statute law of several of the
Foreign administration. That which is states to superintend the settlement of es-
exercised by virtue of authority properly tates of persons dying without relatives en-
conferred by a foreign power. titled to administer.
Pendents lite. Administration during the ADMINISTRATOR. In the civil law.
suit. Administration granted during the A manager or conductor of affairs, especially
pendency of a suit touching the validity of a the affairs of another, in his name or behalf.
will. 2 Bl. Comm. 503. A manager of public affairs in behalf of oth-
Public administration is such as is con- ers. Calvin. A public officer, ruler, or gov-
ducted (in some jurisdictions) by an officer ernor. Nov. 95, gl.; Cod. 12, 8.
called the public administrator, who is ap-
pointed to administer in cases where the in- ADMINISTRATRIX. A female who
testate has left no person entitled to apply for administers, or to whom letters of adminis-
letters. tration have been granted.
ADMINISTRATION SUIT. In En- ADMIRAL. In European law. An
glish practice. A suit brought in chancery, by officer who presided over the admiralitas, or
any one interested, for administration of a collegium ammiralitatis. Locc. de Jur. Mar.
decedent's estate, when there is doubt as to lib. 2, c. 2, 1.
its solvency. Stimson. In English law. A high officer or mag-
istrate that hath the government of the king's
A D M I N I S T R A T I V E LAW. That navy, and the hearing of all causes belong-
branch of public law which deals with the ing to the sea. Co well.
various organs of the sovereign power con- In the navy. Admiral is also the title of
sidered as in motion, and prescribes in detail high naval officers; they are of various grades,
the manner of their activity, being concerned rear admiral, vice-admiral, admiral, ad-
with such topics as the collection of the rev- miral of the fleet, the latter being the highest.
enue, the regulation of the military and na-
val forces, citizenship and naturalization, ADMIRALITAS. L. Lat. Admiralty;
sanitary measures, poor laws, coinage, police, the admiralty, or court of admiralty.
the public safety and morals, etc. See Holl. In European law. An association of
Jur. 305-307. private armed vessels for mutual protection
and defense against pirates and enemies.
ADMINISTRATOR,, in the most usual
sense of the word, is a person to whom let- ADMIRALTY. A court exercising ju-
ters of administration, that is, an authority risdiction over maritime causes, both civil
to administer the estate of a deceased person, and criminal, and marine affairs, commerce
have been granted by the proper court. He and navigation, controversies arising out of
resembles an executor, but, being appointed acts done upon or relating to the sea, and
by the court, and not by the deceased, he has over questions of prize.
to give security for the due administration of Also, the system of jurisprudence relating
the estate, by entering into a bond with to and growing out of the jurisdiction and
sureties, called the administration bond. practice of the admiralty courts.
(Browne, Prob. Pr. 150.) Sweet. In English law. The executive depart-
By the law of Scotland the father is what ment of state which presides over the naval
is called the "administrator-in-law" for his forces of the kingdom. The normal head it
9,1; Id. 2, 7,13. Answering, in some meas- glish, "advowee," Id.; 1 Crabb, Real Prop,
ure, to the king's counsel in English law. 3 p. 129, 117.
Bl. Comm. 27. Advowsons are of the following several
ADVOCATIA. In the civil law. The kinds, viz.:
quality, function, privilege, or territorial ju- Advowson appendant. An advowson an-
risdiction of an advocate. nexed to a manor, and passing with it, as
incident or appendant to it, by a grant of
ADVOCATION. In Scotch law. A the manor only, without adding any other
process by which an action may be carried words. 2 Bl. Comm. 22; Co. Litt. 120, 121;
from an inferior to a superior court before 1 Crabb, Real Prop. p. 130, 118.
final judgment in the former. Advowson collative. Where the bishop
ADVOCATIONE DECIMARUM. A happens himself to be the patron, in which
writ which lay for tithes, demanding the case (presentation being impossible, or un-
fourth part or upwards, that belonged to any necessary) he does by one act, which is
church. termed "collation," or conferring the bene-
fice, all that is usually done by the separate
ADVOCATOR. In old practice. One acts of presentation and institution. 2 Bl.
who called on or vouched another to warrant Comm. 22, 23; 1 Crabb, Real Prop. p. 131,
a title; a voucher. Advocatus; the person 119.
called on, or vouched; a vouchee. Spelman; Advowson donative. Where the patron
Townsh. PI. 45. has the right to put his clerk in possession
In Scotch practice. An appellant. 1 by his mere gift, or deed of donation, with-
Broun, R. 67. out any presentation to the bishop, or in-
ADVOCATUS. In the civil law. An ad- stitution by him. 2 Bl. Comm. 23; 1 Crabb,
vocate; one who managed or assisted in man- Real Prop. p. 131, 119.
aging another's cause before a judicial tri- Advowson in gross. An advowson sep-
bunal. Called also "patronus." Cod. 2,7, arated from the manor, and annexed to the
14. But distinguished from causidicus. Id. person. 2 Bl. Comm. 22; Co. Litt. 120; 1
2, 6, 6. Crabb, Real Prop. p. 130, 118; 3 Steph.
Comm. 116.
ADVOCATUS DIABOLI. The devil's Advowson presentative. The usual kind
advocate; the advocate who argues against of advowson, where the patron has the right
the canonization of a saint. of presentation to the bishop, or ordinary,
Advocatus est, ad quern pertinet jus and moreover to demand of him to institute
advocationis alicujus ecclesiee, ut ad ec- his clerk, if he finds him canonically quali-
olesiam, nomine proprio, non alieno, pos- fied. 2 Bl. Comm. 22; 1 Crabb, Real Prop,
sit prsesentare. A patron is he to whom p. 131, 119.
appertains the right of presentation to a ADVOWTRT, or ADVOUTRY. The
church, in such a manner that he may pre-
offense, by an adulteress, of continuing to
sent to such a church in his own name, and
live with the man with whom she committed
not in the name of another. Co. Litt. 119.
the adultery. Co well; Termes de la Ley.
ADVOWEE, or AVOWEE. The per-
son or patron who has a right to present to a 2EDES. Lat. In the civil law. A house,
benefice. Fleta, lib. 5, c. 14. dwelling, place of habitation, whether in the
city or country. Dig. 30,41, 5. In the coun-
ADVOWEE PARAMOUNT. The sov- try everything upon the surface of the soil
ereign, or highest patron. passed under the term "cedes." Da Cange;
ADVOWSON. In English ecclesiastical Calvin.
law. The right of presentation to a church iEDIFICARE. Lat. In civil and old
or ecclesiastical benefice; the right of pre- English law. To make or build a house; to
senting a fit person to the bishop, to be by erect a building. Dig. 45, 1, 75, 7.
him admitted and instituted to a certain
benefice within the diocese, which has be- iEdiflcare in tuo proprio solo non
come vacant. 2 Bl. Comm. 21; Co. Litt. licet quod alteri noceat. 3 Inst. 201. To
1196, 120a. The person enjoying this right build upon your own land what may injure
is called the "patron" {patronus) of the another is not lawful. A proprietor of land
church, and was formerly termed uadvoca~ has no right to erect an edifice on his own
tut," the advocate or defender, or in En- ground, interfering with the due enjoyment
ALLOW. To grant, approve, or permit; ALLY. A nation which has entered into
AS to allow an appeal or a marriage; to allow an alliance with another nation. 1 Kent,
an account. Also to give a fit portion out Comm. 69.
of a larger property or fund. A citizen or subject of one of two or more
allied nations.
ALLOWANCE. A deduction, an aver-
ALMANAC. A publication, in which is
age payment, a portion assigned or allowed;
recounted the days of the week, month, and
the act of allowing.
year, both common and particular, distin-
ALLOWANCE PENDENTE LITE. guishing the fasts, feasts, terms, etc., from
In the English chancery division, where prop- the common days by proper marks, pointing
erty which forms the subject of proceedings out also the several changes of the moon,
is more than sufficient to answer all claims in tides, eclipses, etc.
the proceedings, the court may allow to the ALMESFEOH. In Saxon law. Alms-
parties interested the whole or part of the in- fee; alms-money. Otherwise called "Peter-
come, or (in the case of personalty) part of pence. " Cowell.
the property itself. St. 15 & 16 Viet. c. 86,
57; Daniell, Ch. Pr. 1070. ALMOIN. Alms; a tenure of lands by
divine service. See FRANKALMOIGNE.
ALLOY. An inferior or cheaper metal
mixed with gold or silver in manufacturing ALMOXARIFAZGO. In Spanish law.
or coining. As respects coining, the amount A general term, signifying both export and
of alloy is fixed by law, and is used to in- import duties, as well as excise.
crease the hardness and durability of the ALMS. Charitable donations. Any spe-
coin. cies of relief bestowed upon the poor. That
ALLOYNOUE. L. Fr. One who con- which is given by public authority for the re-
ceals, steals, or carries off a thing privately. lief of the poor.
Britt. c. 17. ALNAGEB or ULNAGER. A sworn
officer of the king whose duty it was to look
ALLTJVIO MARIS. Lat. In the civil
to the assise of woolen cloth made throughout
and old English law. The washing up of
the land, and to the putting on the seals for
the sea; formation of soil or land from the
that purpose ordained, for which he collected
sea; maritime increase. Hale, Anal. 8.
a duty called "alnage." Cowell; Termes de
"Alluvio marts is an increase of the land ad-
la Ley.
joining, by the projection of the sea, casting
up and adding sand and slubb to the adjoin- ALNETTJM. In old records, a place
ing land, whereby it is increased, and for the where alders grow, or a grove of alder trees.
most part by insensible degrees." Hale, de Doomsday Book; Co. Litt. 46.
Jure Mar. pt. 1, c. 6.
ALODE, Alodes, Alodis. L. Lat. In
ALLUVION. That increase of the earth feudal law. Old forms of alodium, or allo-
on a shore or bank of a river, or to the shore dium, (q.v.)
of the sea, by the force of the water, as by a ALONG. This term means "by," "on,"
current or by waves, which is so gradual that or "over," according to the subject-matter
no one can judge how much is added at each and the context. 34 Conn. 425; 1 Barn. &
moment of time. Inst. 1. 2 , t . 1 , 20. Ang. Adol. 448; 67 Mo. 58.
Watercourses, 53.
The term is chiefly used to signify a grad- ALT. In Scotch practice. An abbrevia-
ual increase of the shore of a running stream, tion of Alter, the other; the opposite party;
produced by deposits from the waters. the defender. 1 Broun, 336, note.
By the common law, alluvion is the addi-
ALTA PRODITIO. L. Lat. In old
tion made to land by the washing of the sea, English law. High treason. 4 Bl. Comm.
or a navigable river or other stream, when- 75. See HIGH TREASON.
ever the increase is so gradual that it cannot
be perceived in any one moment of time. ALTA VIA. L. Lat. In old English
64 111. 58. law. A highway; the highway. 1 Salk.
Alluvion differs from avulsion in this: 222. Alta via regia; the king's highway;
that the latter is sudden and perceptible. 23 "the king's high street." Fmch, Law, b. 2.
Wall. 46. See AVULSION. c.9.
ANNUITY. A yearly sum stipulated to Annus est mora motus quo suum
be paid to another in fee, or for life, or years, planeta pervolvat circulum. A year Is
and chargeable only on the person of the the duration of the motion by which a planet
grantor. Co. Litt. 1446. revolves through its orbit. Dig. 40, 7, 4, 5;
An annuity is different from a rent-charge, Calvin.; Bract. 3596.
with which it is sometimes confounded, the ANNUS ET DIES. A year and a day.
annuity being chargeable on the person
merely, and so far personalty; while a rent- Annas inceptus pro complete- habe-
charge is something reserved out of realty, or tur. A year begun is held as completed.
fixed as a burden upon an estate in land. 2 Tray. Lat. Max. 45.
Bl. Comm. 40; Kolle, Abr. 226; 10 Watts, ANNUS LUCTUS. The year of mourn-
127. ing. It was a rule among the Romans, and
The contract of annuity is that by which also the Danes and Saxons, that widows
one party delivers to another a sum of mon- should not marry infra annum luctitt,
ey, and agrees not to reclaim it so long as the (within the year of mourning.) Code 5, 9,
receiver pays the rent agreed upon. This 2; 1 Bl. Comm. 457.
annuity may be either perpetual or for life.
Civil Code La. arts. 2793, 2794. ANNUS UTILIS. A year made up oi
The name of an action, now disused, (L. available or serviceable days. Brissonius;
Lat. breve de annuo redditu,) which lay for Calvin. In the plural, anni utiles signifies
the recovery of an annuity. Reg. Orig. 1586/ the years during which a right can be exer-
Bract, fol. 2036; 1 Tidd, Pr. 3. cised or a prescription grow.
The formal proceeding by which a defend- the judge ad quern, or to whom an appeal
ant submits himself to the jurisdiction of was taken. Calvin.
the court. APPELLEE. The party in a cause
According to Bouvier, appearance may be against whom an appeal is taken; also called
of the following kinds: the "respondent."
Compulsory. That which takes place in
consequence of the service of process. APPELLO. Lat. In the civil law. I
Conditional. One which is coupled with appeal. The form of making an appeal apud
conditions as to its becoming general. acia. Dig. 49, 1, 2.
De bene esse. One which is to remain an APPELLOR. In old English law. A
appearance, except in a certain event. See criminal who accuses his accomplices, or who
D E BENE ESSE. challenges a jury.
General. A simple and absolute submis-
sion to the jurisdiction of the court. APPENDAGE. Something added as an
Gratis. One made before the party has accessory to or the subordinate part of another
been legally notified to appear. thing. 28 BT. J . Law, 26; 30 N. W. Rep.
Optional. One made where the party is (Iowa,) 633.
not under any obligation to appear, but does APPENDANT. A thing annexed to or
so to save his rights. It occurs in chancery belonging to another thing and passing with
practice, especially in England. it; a thing of inheritance belonging to an-
Special. That which is made for certain other inheritance which is more worthy; as
purposes only, and does not extend to all the an advowson, common, etc., which may be
purposes of the suit. appendant to a manor, common of fishing to
Subsequent. An appearance by the de- a freehold, a seat in a church to a house, etc.
fendant after one has already been entered It differs from appurtenance, in that append-
for him by the plaintiff. See Daniell, Ch. Pr. ant must ever be by prescription, i. e., a per-
Voluntary. That which is made in an- sonal usage for a considerable time, while an
swer to a subpoena or summons without appurtenance maybe created at this day; for
process. 1 Barb. Ch. Pr. 77. if a grant be made to a man and his heirs, of
common in such a moor for his beasts levant
APPEARANCE DAY. The day for ap-
or couchant upon his manor, the commons
pearing; that on which the parties are
are appurtenant to the manor, and the grant
bound to come into court.
will pass them. Co. Litt. 1216. See APPUR-
APPEARAND HEIR. In Scotch law. TENANCE.
An apparent heir. See APPARENT HEIR.
APPENDITIA. The appendages or ap-
APPELLANT. The party who takes an purtenances of an estate or house. Cowell.
appeal from one court or jurisdiction to an- APPENDIX. A printed volume, used
other. on an appeal to the English house of lords or
APPELLATE. Pertaining to or having privy council, containing the documents and
cognizance of appeals and other proceedings Other evidence presented in the inferior court
for the judicial review of adjudications. and referred to in the cases made by the par-
ties for the appeal. Answering in some re-
APPELLATE COURT. A court hay- spects to the "paper-book" or "case" in
ing jurisdiction of appeal and review; a American practice.
court to which causes are removable by ap-
peal, certiorari, or error. APPENSURA. Payment of money by
weight instead of by count. Cowell.
APPELLATE JURISDICTION. Ju-
risdiction on appeal; jurisdiction to revise or APPERTAINING. Belonging to; ap-
correct the proceedings in a cause already in- purtenant. See APPURTENANT.
stituted and acted upon by an inferior court, APPLICABLE. When a constitution or
or by a tribunal having the attributes of a court declares that the common law is in force
sourt. 6 Kan. 505. in a particular state so far as it is applicable,
APPELLATIO. Lat. An appeal. it is meant that it must be applicable to the
habits and conditions of the community, as
APPELLATOR. An old law term hav- well as in harmony with the genius, the
ing the same meaning as "appellant," (q. v.) spirit, and the objects of their institutions.
In the civil law, the term was applied to 3 Iowa, 402; 3 Scam. 121; 5 Gilman, 130.
ARPEN, Arpent. A measure of land of ARRAY. The whole body of jurors sum-
uncertain quantity, mentioned in Domesday moned to attend a court, as they are arrayed
and other old books; by some called an or arranged on the panel. Dane, Abr. In-
"acre," by others "half an acre," and by dex; 1 Chit. Crim. Law, 536; Com. Dig.
others a "furlong." Spelman; Cowell; "Challenge," B.
Blount. A ranking, or setting forth in order; the
A measure of land in Louisiana. 6 Pet. order in which jurors' names are ranked in
763. the panel containing them. Co. Litt. 156a/
A French measure of land, containing one 3 Bl. Comm. 359.
hundred square perches, of eighteen feet
A R R E A R S , or ARREARAGES.
each, or about an acre. But the quantity
Money unpaid at the due time, as rent be-
raried in different provinces. Spelman.
hind; the remainder due after payment of a
ARPENTATOR. A measurer or sur- part of an account; money in the hands of
reyorofland. Cowell; Spelman. an accounting party. Cowell.
ARRA. In the civil law. Earnest; earn- ARRECT. To accuse or charge with an
est-money; evidence of a completed bargain. offense. Arrectati, accused or suspected
Used of a contract of marriage, as well as persons.
any other. Spelled, also, Arrha, Arrce. Cal-
vin. ARRENDAMIENTO. In Spanish law.
The contract of letting and hiring an estate
ARRACK. A spirit procured from dis- or land, (heredad.) White, Recop. b. 2, tit.
tillation of the cocoa-nut tree, rice, or sugar- 14, c. 1.
cane, and imported from India.
ARREST. In criminal practice. The
A R R A I G N . In criminal practice. stopping, seizing, or apprehending a person
To bring a prisoner to the bar of the court to by lawful authority; the act of laying hands
answer the matter charged upon him in the upon a person for the purpose of taking his
indictment. The arraignment of a prisoner body into custody of the law; the restraining
consists of calling upon him by name, and of the liberty of a man's person in order to
reading to him the indictment, (in the En- compel obedience to the order of a court of
glish tongue,) and demanding of him whether justice, or to prevent the commission of a
he be guilty or not guilty, and entering his crime, or to insure that a person charged or
plea. suspected of a crime may be forthcoming to
In old English law. To order, or set in answer it.
order; to conduct in an orderly manner; to Arrest is well described in the old books
prepare for trial. To arraign an assise was as "the beginning of imprisonment, when a
to cause the tenant to be called to make the man is first taken and restrained of his liber-
plaint, and to set the cause in such order as ty, by power of a lawful warrant." 2 Shep.
the tenant might be enforced to answer there- Abr. 299; Wood, Inst. Com. Law, 575.
unto. Litt. 442; Co. Litt. 2626. In civil practice. The apprehension of
a person by virtue of a lawful authority to
ARRAIGNMENT. In criminal prac-
answer the demand against him in a civil ac-
tice. Calling the defendant to the bar of the tion.
court, to answer the accusation contained in
the indictment. In admiralty practice. In admiralty ac-
tions a ship or cargo is arrested when the
ARRAIGNS, CLERK OF. In English mai shal has served the writ in an action in
law. An assistant to the clerk of assise. rem. Williams & B. Adm. Jur. 193.
ARRAMEUR. In old French law. An Synonyms distinguished. The term "ap-
officer employed to superintend the loading prehension" seems to be more peculiarly
of vessels, and the safe stowage of the cargo. appropriate to seizuie on criminal process;
while "arrest" may apply to either a civil or
1 Pet. Adm. Append. XXV.
criminal action, but is perhaps better con-
ARRAS. In Spanish law. The donation fined to the former.
which the husband makes to his wife, by rea- As ordinarily used, the terms "arrest" and "at-
son or on account of marriage, and in con- tachment" coincide in meaning to some extent,
sideration of the dote, or portion, which he though in strictness, as a distinction, an arrest
may be said to be the act resulting from the serv-
receives from her. Aso & M. Inst. b. 1, t. ice of an attachment; and, in the more extended
7,0.8. sense which is sometimes given to attachment, in-
B.
B. The second letter of the English alpha- BACKBEREND. Sax. Bearing upon
bet; is used to denote the second of a series the back or about the person. Applied to a
of pages, notes, etc.; the subsequent letters, thief taken with the stolen property in his
the third and following numbers. immediate possession. Bract. 1, 3, tr. 2,
c. 32. Used with handhabend, having in the
B . C._ An abbreviation for "before hand.
Christ," "bail court," and "bankruptcy
cases." BACKBOND. In Scotch law. A deed
attaching a qualification or condition to the
B. E. An abbreviation for "Baron of the terms of a conveyance or other instrument.
Court of Exchequer." This deed is used when particular circum-
B. P. An abbreviation for bonum fao- stances render it necessary to express in a
tum, a good or proper act, deed, or decree) separate form the limitations or qualifications
signifies "approved." of a right. Bell. The instrument is equiv-
alent to a declaration of trust in English con-
B. R. An abbreviation for Bancus Regis, veyancing.
(King's Bench,) or Bancus Reginoe, (Queen's
Bench.) It is frequently round in the old BACKING. Indorsement; indorsement
books as a designation of that court. In by a magistrate.
more recent usage, the initial letters of the BACKING A WARRANT. The war-
English names are ordinarily employed, i. e., rant of a justice of the peace cannot be en-
K. B. or Q. B. forced or executed outside of his territorial
jurisdiction unless a magistrate of the juris-
B. S. Bancus Superior, that is, upper
diction where it is to be executed indorses or
bench.
writes on the back of such warrant an au-
"BABY ACT." A plea of infancy, inter- thority for that purpose, which is thence
posed for the purpose of defeating an action termed "backing the warrant."
upon a contract made while the person was a
minor, is vulgarly called "pleading the baby BACKSIDE. In English law. A term
act." By extension, the term is applied to a formerly used in conveyances and also in
plea of the statute of limitations. pleading; it imports a yard at the back part
of or behind a house, and belonging thereto.
BACHELERIA. In old records. Com- BACKWARDATION. In the language
monalty or yeomanry, in contradistinction to of the stock exchange, this term signifies a
baronage. consideration paid for delay in the delivery
BACHELOR. The holder of the first or of stock contracted for, when the price is
lowest degree conferred by a college or uni- lower for time than for cash. Dos Passos,
versity, e. g., a bachelor of arts, bachelor of Stock-Brok. 270.
law, etc. BACKWARDS. In a policy of marine
A kind of inferior knight; an esquire. insurance, the phrase "forwards and back-
A man who has never been married. wards at sea" means from port to port in the
BACKWATER. Water in a stream course of the voyage, and not merely from
which, in consequence of some dam or ob- one terminus to the other and back. 1 Taunt.
struction below, is detained or checked in its 475.
course, or flows back. BACULUS. A rod, staff, or wand, used
Watei caused to flow backward from a in old English practice in making livery of
steam-vessel by reason of the action of its seisin where no building stood on the land,
wheels or screw. (Bract. 40;) a stick or wand, by the erection
of which on the land involved in a real ao-
BACKBEAR. In forest law. Carrying
tion the defendant was summoned to put in
on the back. One of the cases in which an
his appearance; this was called "baculutnun-
offender against vert and venison might be
tiatorius." 8 Bl. Comm. 279.
arrested, as being taken with the mainour, or
manner, or found carrying a deer off on his BAD, (in substance.) The technical word
back. Man wood; Co well. for unsound ness in pleading.
baron;1* answering to the justices and chief BARRETOR. In criminal law. A com-
justice of other courts. mon mover, exciter, or maintainer of suits
BARONY. The dignity of a baron; a and quarrels either in courts or elsewhere in
species of tenure; the territory or lands held the country; a disturber of the peace who
by a baron. Spelman. spreads false rumors and calumnies, whereby
discord and disquiet maygiow among neigh-
BARONY OF LAND. In England, a bors. Co. Litt. 368.
quantity of land amounting to 15 acres. In
BARRETRY. In criminal law. The
Ireland, a subdivision of a county.
act or offense of a barretor, (q. v.;) usually
BARRA, or BARRE. In old practice. A called "common barretry." The offense of
plea in bar. The bar of the court. A bar- frequently exciting and stirring up suits and
rister. quarrels, either at law or otherwise. 4 Bl.
BARRATOR. One who is guilty of the Comm. 134; 4 Steph. Comm. 262.
crime of barratry. BARRIER. In mining law and the usage
BARRATROUS. Fraudulent; having of miners, is a wall of coal left between
the character of barratry. two mines.
BARRATRY. In maritime law. An BARRISTER. In English law. An ad-
act committed by the master or mariners of a vocate; one who has been called to the bar.
vessel, for some unlawful or fraudulent pur- A counsellor learned in the law who pleads
pose, contrary to their duty to the owners, at the bar of the courts, and who is engaged
wheieby the latter sustain injury. It may in conducting the trial or argument of causes.
include negligence, if so gross as to evidence To be distinguished from the attorney, who
fraud. 8 Cranch, 49; 2 Cush. 511; 3 Pet. draws the pleadings, prepares the testimony,
230. and conducts matters out of court.
Barratry is some fraudulent act of the master or Inner barrister. A Serjeant or king's
mariners, tending to their own benefit, to the prej- counsel who pleads within the bar.
udice of the owner of the vessel, without his priv- Ouster barrister. One who pleads "ouster"
ity or consent. 2 Caines, 67. or without the bar.
Barratry is a generic term, which includes many
acts of various kinds and degrees. It compre- Vacation barrister. A counsellor newly
hends any unlawful, fraudulent, or dishonest act of called to the bar, who is to attend for several
the master or mariners, and every violation of duty long vacations the exercise of the house.
by them arising from gross and culpable negligence
contrary to their duty to the owner of the vessel, BARTER. A contract by which parties
and which might work loss or injury to him in the exchange goods or commodities for other
course of the voyage insured. A mutiny of the goods. It differs from sale, in this: that in
crew, and forcible dispossession by them of the
master and other officers from the ship, is a form the latter transaction goods or property are
of barratry. 9 Allen, 217. always exchanged for money.
I n criminal law. Common barratry is This term is not applied to contracts con-
the practice of exciting groundless judicial cerning land, but to such only as relate to
proceedings. Pen. Code Cal. 158; Pen. goods and chattels. Barter is a contract by
Code Dak. 191. which the parties exchange goods. 4 Biss.
Also spelled "Barretry," which see. 123.
In Scotch law. The crime committed by BARTON. In old English law. The de-
a judge who receives a bribe for his judg- mesne land of a manor; a farm distinct from
ment. Skene; Brande. the mansion.
BARREL. A measure of capacity, equal BAS CHEVALIERS. In old English
to thirty-six gallons. law. Low, or inferior knights, by tenure of
In agricultural and mercantile parlance, as a base military fee, as distinguished from
also in the inspection laws, the term "barrel" barons and bannerets, who were the chief
means, prima facie, not merely a certain or superior knights. Cowell.
quantity, but, further, a certain state of the BAS VILLE. In French law. The sub-
article; namely, that it is in a cask. 11 urbs of a town.
Ired. 72.
BASE COURT. In English law. Any
BARREN MONEY. In the civil law. inferior court that is not of record, as a court
A debt which bears no interest. baron, etc. Kitch. 95, 96; Cowell.
BARRENNESS. Sterility; the incapac- BASE ESTATE. The estate which "base
ity to bear children. tenants" (q. v.) have in their land. Cowell.
1. A formal written statement of com- or some other thing, in which, besides th<
plaint to a court of justice. names of the parties, are to be considered th<
In the ancient practice of the court of sum or thing due, the time, place, and man-
king's bench, the usual and orderly method ner of payment or delivery thereof. It maj
of beginning an action was by a bill, or orig- be indented ori poll, and with or without i
inal bill, or plaint. This was a written state- penalty. West, Symb. 100, 101.
ment of the plaintiff's cause of action, like a 8. A written statement of the terms of t
declaration or complaint, and always alleged contract, or specification of the items of a de
a trespass as the ground of it, in order to mand, or counter-demand.
give the court jurisdiction. 3 Bl. Comm. 43. Also the creditor's written statement oi
2. A formal written declaration by a court his claim, specifying the items.
to its officers, in the nature of process; as 9. By the English usage, it is applied U
the old bill of Middlesex. the statement of the charges and disburse
3. A record or certified written account of ments of an attorney or solicitor incurred ir
the proceedings in an action, or a portion of the conduct of his client's business, and whicl
the same; as a bill of exceptions, might be taxed upon application, even thougl
4. In equity practice. A formal writ- not incurred in any suit. Thus, conveyanc-
ten complaint, in the nature of a petition, ing costs might be taxed. Wharton.
addressed by a suitor in chancery to the BILL-BOOK. In mercantile law. A
chancellor or to a court of equity or a court book in which an account of bills of exchange
having equitable jurisdiction, showing the and promissory notes, whether payable or re-
names of the parties, stating the facts which ceivable, is stated.
make up the case and the complainant's alle-
gations, averring that the acts disclosed are B I L L CHAMBER. In Scotch law. A
contrary to equity, and praying for process department of the court of session in which
and for specific relief, or for such relief as petitions for suspension, interdict, etc., are
the circumstances demand. entertained. It is equivalent to sittings in
Bills are said to be original, not original, or in chambers in the English and American prac-
the nature of original bills. They are original tice. Paters. Comp.
when the circumstances constituting the case are
not already before the court, and relief is demanded, B I L L F O B A N E W T R I A L . In eq-
or the bill is filed for a subsidiary purpose. uity practice. A bill in equity in which the
5. In legislation and constitutional law, the specific relief asked is an injunction against
M ord means a draft of an act of the legislature the execution of a judgment rendered at law
bt fore it becomes a law; a proposed or pro- and a new trial in the action, on account of
jected law. A draft of an act presented to some fact which would render it inequitable
the legislature, but not enacted. An act is to enforce the judgment, but which was not
the appropriate term for it, after it has been available to the party on the trial at law, oi
acted on by, and passed by, the legislature. which he was prevented from presenting by
26 Pa. St. 450. fraud or accident, without concurrent fraud
or negligence on his own part.
Also a special act passed by a legislative
body in the exercise of a quasi judicial power. B I L L F O B FORECLOSURE. In eq-
Thus, bills of attainder, bills of pains and uity practice. One which is filed by a mort-
penalties, are spoken of. gagee against the mortgagor, for the purpose
In England, "bill" also signifies the draft of a of having the estate sold, thereby to obtain
patent for a charter, commission, dignity, office, the sum mortgaged on the premises, with in-
v appointment; such a bill is drawn up in the at-
torney general's patent bill office, is submitted by terest and costs. 1 Madd. Ch. Pr. 528.
a secretary of state for her majesty's signature,
when it is called the "queen's bill;" it is counter- B I L L - H E A D . A printed form on which
signed by the secretary of state, and sealed by the merchants and traders make out their bills
privy seal, and then the patent is prepared and and render accounts to their customers.
sealed. Sweet.
B I L L I N CHANCERY. See BILL. 4.
6. A solemn and formal legislative declara-
tion of popular rights and liberties, promul- B I L L I N EQUITY. See BILL, 4.
gated on certain extraordinary occasions; as B I L L I N N A T U R E OF A B I L L OF
the famous Bill of Rights in English history. B E V I E W . A bill in equity, to obtain a
7. A s a contract. An obligation; a deed, re-examination and reversal of a decree, filed
whereby the obligor acknowledges himself to by one who was not a party to tl*e original
ewe unto the obligee a certain sum of money suit, nor bound by the decree.
For example: "Every person who enters any king's private treasury by the burgesses 01
house, room, apartment, tenement, shop, inhabitants of a borough.
warehouse, store, mill, barn, stable, out-
house, or other building, tent, vessel, or rail- BURSA. A purse.
road car, with intent to commit grand or
BURSAR. A treasurer of a college.
petit larceny, or any felony, is guilty of burg-
lary." Pen. Code Gal. 459. BURSARIA. The exchequer of collegiate
BURGOMASTER. The title given in or conventual bodies; or the place of receiv-
Germany to the chief executive officer of a ing, paying, and accounting by the bursars.
borough, town, or city; corresponding to our Also stipendiary scholars, who live upon the
"mayor." burse, fund, or joint-stock of the college.
B U R G U N D I A N LAW. See L E X BUR- BURYING ALIVE. In English law.
GUND10NUM. The ancient punishment of sodomites, and
those who contracted with Jews. Fleta, lib.
BUB6WHAB. A burgess, (9. t.) 1, c. 27, 3.
BURIAL. Sepulture; the act of interring
dead human bodies. BURYING-GROUND. A place set
apart for the interment of the dead; a ceme-
BURKISM, (from the name of its first tery.
perpetrator.) The practice of killing persons
for the purpose of selling their bodies for dis- BUSCARL. In Saxon and old English
section. law. Seamen or marines. Spelman.
BURLAW COURTS. In Scotch law. BUSHEL. A dry measure, containing
Courts consisting of neighbors selected by four pecks, eight gallons, or thirty-two
common consent to act as judges in deter- quarts. But the dimensions of a bushel, and
mining disputes between neighbor and neigh- the weight of a bushel of grain, etc., vary in
bor. the different states in consequence of statu-
BURLAWS. In Scotch law. Laws made tory enactments.
by neighbors elected by common consent in
the burlaw courts. Skene. BUSINESS. This word embraces every-
thing about which a person can be employed.
BURN. To consume with fire. The verb 23 N. Y. 242, 244.
"to burn," in an indictment for arson, is to That which occupies the time, attention,
be taken in its common meaning of "to con- and labor of men for the purpose of a liveli-
sume with fire." 17 Ga. 130. hood or profit. The doing of a single act
Burning and setting fire to are not legal pertaining to a particular business will not
synonyms. 5 Grat. 664. be considered engaging in or carrying on the
BURNING FLUID. As used in policies business; yet a series of such acts would be
of insurance, this term does not mean any so considered. 50 Ala. 130. See, also, 2
fluid which will burn, but it means a recog- Allen, 395; 38 N. J. Law, 237.
nized article of commerce, called by that Labor, business, and work are not synonyms.
name, and which is a different article from Labor may be business, but it is not necessarily so;
and business is not always labor. Making an
naphtha or kerosene. 4 Fed. Rep. 766; 24 agreement for the sale of a chattel is not within a
Hun, 569. prohibition of labor upon Sunday, though it is (if
by a merchant in his calling) within a prohibition
BURNING IN THE HAND. In old upon business. 2 Ohio St. 887.
English criminal law, laymen, upon being
accorded the benefit of clergy, were burned BUSINESS HOURS. Those hours of
with a hot iron in the brawn of the left the day during which, in a given community,
thumb, in order that, being thus marked, commercial, banking, professional, public,
they could not again claim their clergy. 4 or other kinds of business are ordinarily car-
BL Comm. 367. ried on.
This phrase is declared to mean not the time
BURROCHIUM. A burroch, dam, or during which a principal requires an employee's
small wear over a river, where traps are laid services, but the business hours of the community
for the taking of fish. Cowell. generally. 18 Minn. 183, (OiL 119.)
BUSS A. A term used in the old English who is not in possession of the land or is dis-
law, to designate a large and clumsily con- seised. Void, and an offense, at common
structed ship. law.
BUTLERAGE. A privilege formerly al- BY. This word, when descriptively used
lowed to the king's butler, to take a certain in a grant, does not mean "in immediate con-
part of every cask of wine imported by an tact with," but "near" to, the object to
alien. which it relates; and "near" is a relative
term, meaning, when used in land patents,
BUTLER'S ORDINANCE. In English very unequal and different distances. 6 Gill,
law. A law for the heir to punish waste in 121; 48 N". H. 491.
the life of the ancestor. "Though it be on
A contract to complete work by a certain
record in the parliament book of Edward I., time, means that it shall be done before that
yet it never was a statute, nor ever so re- time. 3 Fen. & W. 48.
ceived; but only some constitution of the
king's council, or lords in parliament, which By an acquittance for the last pay-
never obtained the strength or force of an act ment all other arrearages are discharged.
of parliament." Hale, Hist. Eng. Law, p. 18. Noy, 40.
BUTT. A measure of liquid capacity, BY-BIDDING. In the law relating to
equal to one hundred and eight gallons; also sales by auction, this term is equivalent to
a measure of land. "puffing." The practice consists in making
fictitious bids for the property, under a se-
BUTTALS. The bounding lines of land
cret arrangement with the owner or auc-
at the end; abuttals, which see. tioneer, for the purpose of misleading and
BUTTED AND BOUNDED. A phrase stimulating other persons who are bidding in
sometimes used in conveyancing, to intro- good faith.
duce the boundaries of lands. See BUTTS B Y B I L L , B Y B I L L WITHOUT
AND BOUNDS. WRIT. In practice. Terms anciently used
BUTTS. In old English law. Short to designate actions commenced by original
pieces of land left unplowed at the ends of bill, as distinguished from those commenced
fields, where the plow was turned about, by original writ, and applied in modern prac-
(otherwise called "headlands,") as sidelings tice to suits commenced by capias ad respon-
were similar unplowed pieces on the sides. dendum. 1 Arch. Pr. pp. 2,337; 5 Hill, 213.
Burrill. BY ESTIMATION. In conveyancing.
Also a place where bowmen meet to shoot A term used to indicate that the quantity of
at a mark. land as stated is estimated only, not exactly
BUTTS AND BOUNDS. A phrase used measured; has the same meaning and effect
in conveyancing, to describe the end lines or as the phrase "more or Less."
circumscribing lines of a certain piece of BY GOD AND MY COUNTRY. In old
land. The phrase "metes and bounds" has English criminal practice. The established
the same meaning.
formula of reply by a prisoner, when ar-
BUTTY. A local term in the north of raigned at the bar, to the question, "Culprit,
England, for the associate or deputy of an- how wilt thou be tried?"
other; also of things used in common.
BY-LAWS. Regulations, ordinances, or
BUY. To acquire the ownership of prop- rules enacted by a private corporation for its
erty by giving an accepted price or considera- own government.
tion therefor; or by agreeing to do so; to ac- A by-law is a rule or law of a corporation, for
quire by the payment of a price or value; to its government, and is a legislative act, and the
solemnities and sanction required by the charter
purchase. Webster. must be observed. A resolution is not necessarily
BUY I N . To purchase, at public sale, aresolution.
by-law, though a by-law may be in the form of a
7 Barb. 508.
property which is one's own or which one has "That the reasonableness of a by-law of a corpo-
caused or procured to be sold. ration is a question of law, and not of fact, has al-
ways been the established rule; but in the case of
BUYER. One who buys; a purchaser, State v. Overton, 24 N. J. Law, 435, a distinction
particularly of chattels. was taken in this respect between a by-law and a
regulation, the validity of the former being a ju-
BUYING TITLES. The purchase of dicial question, while the latter was regarded as a
the rights or claims to real estate of a person matter in pai$. But although, in one of the opin
C.
C. The initial letter of the word " Codex," C. T. A. An abbreviation for cum testa-
used by some writers in citing the Code of mento annexo, in describing a species of ad-
Justinian. Tayl. Civil Law, 24. ministration.
It was also the letter inscribed on the bal-
lots by which, among the Romans, jurors CABAL. A small association for the pur-
voted to condemn an accused party. It was pose of intrigue; an intrigue. This namt
the initial letter of condemno, I condemn. was given to that ministry in the reign of
Tayl. Civil Law, 192. Charles II. formed by Clifford, Ashley,
C, as the third letter of the alphabet, is Buckingham, Arlington, and Lauderdale,
used as a numeral, in like manner with that who concerted a scheme for the restoration
of popery. The initials of these five names
use of A and B, (q. .)
form the word "cabal;" hence the appella-
The letter is also used to designate the
tion. Hume, Hist Eng. ix. 69.
third of a series of propositions, sections,
etc., as A, B, and the others are used as CABALIST. In French com meroial law.
numerals. A factor or broker.
It is used as an abbreviation of many
words of which it is the initial letter; such CABAIiLABIA. Pertaining to a horse.
as cases, civil, circuit, code, common, court, It was a feudal tenure of lands, the tenant
criminal, chancellor, crown. furnishing a horseman suitably equipped in
time of war, or when the lord had occasion
C. A. V. An abbreviation for curia ad- for his service.
visari vult, the court will be advised, will
consider, will deliberate. CABALLEBIA. In Spanish law. An
allotment of land acquired by conquest, to a
C. B. In reports and legal documents, an horse soldier. It was a strip one hundred
abbreviation for common bench. Also an feet wide by two hundred feet deep. The
abbreviation for chief baron. term has been sometimes used in those parts
of the United States which were derived from
C. C. Various terms or phrases may be
Spain. See 12 Pet 444, note.
denoted by this abbreviation; such as circuit
court, (or city or county court;) criminal C A B A L L E R O . In Spanish law. A
cases, (or crown or civil or chancery cases;) knight. So called on account of its being
civil code; chief commissioner; and the re- more honorable to go on horseback (a caballo)
turn of cepi corpus. than on any other beast.
O. C. P. An abbreviation for Code of CABINET. The advisory board or coun-
Civil Procedure; also for court of common cil of a king or other chief executive. In the
government of the United States the cabinet
C. J. An abbreviation for chief justice; is composed of the secretary of state, the sec-
also for circuit judge. retary of the treasury, the secretary of the
interior, the secretary of war, the secretary
C. L. An abbreviation for civil law. of the navy, the secretary of agriculture, the
attorney general, and the postmaster gen-
C. If. F. Common law procedure, in ref- eral.
erence to the English acts so entitled.
The select or secret council of a prince or
C. O. D. "Collect on delivery." These executive government; so called from the
letters are not cabalistic, but have a deter- apartment in which it was originally held.
minate meaning. They import the carrier's Webster.
liability to return to the consignor either the
goods or the charges. 59 Ind. 263. CABINET COUNCIL. In English law.
A private and confidential assembly of the
C. P. An abbreviation for common pleas. most considerable ministers of state, to con-
cert measures for the administration of pub-
C. R. An abbreviation for curia regis; lic affairs; first established by Charles L
also for chancery reports. Wharton.
CAPITA. Heads, and, figuratively, en- The principal sum of a fund of money;
tire bodies, whether of persons or animals. money invested at interest.
Spelman. Also the political and governmental me-
Persons individually considered, without tropolis of a state or country; the seat of
relation to others, (polls;) as distinguished government; the place where the legislative
from stiipes or stocks of descent. The term department holds its sessions, and where the
in this sense, making part of the common chief offices of the executive are located.
phrases, in capita, per capita, is derived
from the civil law. Inst. 3, 1, 6. CAPITAL, adj. Affecting or relating
to the head or life of a person; entailing the
CAPITA, PER-. By heads; by the poll; ultimate penalty. Thus, a capital crime is
as individuals. In the distribution of an in- one punishable with death. See Bract, fol.
testate's personalty, the persons legally en- 1016.
titled to take are said to take per capita Also principal; leading; chief; as "cap-
when they claim, each in his own right, as ital burgess." 10 Mod. 100.
in equal degree of kindred; in contradistinc-
tion to claiming by right of representation, CAPITAL CRIME. A crime for which
or per stirpes. the punishment of death is provided by law.
office, rank, etc. It is a very ancient kind old statutes, which prescribe what dresses
of tribute, and answers to what the Latins shall be worn by all degrees of persons. Ja-
called "tributum," by which taxes on per- cob.
sons are distinguished from taxes on mer-
CAPITULA. Collections of laws and or-
chandise, called "vectigalia." Wharton. dinances drawn up under heads of divisions.
CAPITATION TAX. One which is lev- Spelman.
ied upon the person simply, without any ref- The term is used in the civil and old En-
erence to his property, real or personal, or to glish law, and applies to the ecclesiastical
any business in which he may be engaged, or law also, meaning chapters or assemblies
to any employment which he may follow. of ecclesiastical persons. Du Cange.
Phillips, 22. CAPITULA CORONAS. Chapters of
CAPITE. By the head. Tenure incapite the crown. Chapters or heads of inquiry,
was an ancient feudal tenure, whereby a,man resembling the capitula itineris, (q.v.,) but
held lands of the king immediately. It was of a more minute character.
of two sorts,the one, principal and general, CAPITULA DE J U D ^ I S . A regis-
or of the king as the source of all tenure; the ter ot mortgages made to the Jews. 2 Bl.
other, special and subaltern, or of a particu- Comm. 343; Crabb, Eng. Law, 130, et seq.
lar subject. It is now abolished. Jacob.
As to distribution per capita, see CAPITA. CAPITULA ITINERIS. Articles of
inquiry which were anciently delivered to the
CAPITE MINUTUS. In the civil law. justices in eyre when they set out on their
One who had suffered capitis diminutio, one circuits. These schedules were designed to
who lost status or legal attributes. See Dig. include all possible varieties of crime. 2
4,5. Reeve, Eng. Law, p. 4, c. 8.
CAPITIS DIMINUTIO. In Roman law. CAPITULA RURALIA. Assembles
A diminishing or abridgment of personality. or chapters, held by rural deans and paro-
This was a loss or curtailment of a man's chial clergy, within the precinct of every
status or aggregate of legal attributes and deanery; which at first were every three
qualifications, following upon certain weeks, aftei wards once a month, and subse-
changes in his civil condition. It was of quently once a quarter. Cowell.
three kinds, enumerated as follows:
CAPITULARY. In French law. A
Capitis diminutio maxima. The high- collection and code of the laws and ordi-
est or most comprehensive loss of status. nances promulgated by the kings of the Me-
This occurred when a man's condition was rovingian and Carlovingian dynasties.
changed from one of freedom to one of bond- Any orderly and systematic collection or
age.when he became a slave. It swept away code of laws.
with it all rights of citizenship and all family In ecclesiastical law. A collection of
rights. laws and ordinances orderly arranged by di-
Capitis diminutio media. A lesser or visions. A book containing the beginning
medium loss of status. This occurred where and end of each Gospel which is to be read
a man lost his rights of citizenship, but with- every day in the ceremony of saying mass.
out losing his liberty. It carried away also Du Cange.
the family rights. CAPITULATION. In military law.
Capitis diminutio minima. The low- Thesurienderof a fort or fortified town to a
est or least comprehensive degree of loss of besieging army; the treaty or agreement be-
status. This occurred where a man's family tween the commanding officers which em-
relations alone were changed. It happened bodies the terms and conditions on which the
upon the arrogation of a person who had been surrender is made.
his own master, (sui juris,) or upon the In the civil law. An agreement by
emancipation of one who had been under the which the prince and the people, or those whc
patria poteatas. It left the rights of liberty have the right of the people, regulate the
and citizenship unaltered. See Inst. 1, 16, manner in which the government is to be ad-
pr.; 1, 2, 3; Dig. 4, 5, 11; Mack eld. Bom ministered. Wolffius, 989.
Law, 144.
CAPITULI AGRI. Head-fields; lands
C A P I T I T I T J M . A covering for the lying at the head or upper end of furrows
feead, mentioned in St. 1 Hen. IV. and other etc.
directors may limit his authority as they deem CASTELLAIN. In old English law.
proper, bat this would not affect those to The lord, owner, or captain of a castle; the
whom the limitation was u nknown. 10 Wall. constable of a fortified house; a person hav-
650. ing the custody of one of the crown man-
CASHIER, v. In military law. To de- sions; an officer of the forest.
prive a military officer of his rank and office.
CASTELLANUS. A castellain; the
CASHLITE. An amercement or fine; a keeper or constable of a castle. Spelman.
mulct.
CASTELLARIUM, CASTELLATUS.
CASSAEE. To quash; to render void; In old English law. The precinct or juris-
to break. diction of a castle. Blount.
CASSATION. In French law. Annul-
CASTELLORUM OPERATIO. In
ling; reversal; breaking the force and va-
Saxon and old English law. Castle work.
lidity of a judgment. A decision emanating
Service and labor done by inferior tenants for
from the sovereign authority, by which a de-
the building and upholding castles and pub-
cree or judgment in the court of last resort is
lic places of defense. One of the three nec-
broken or annulled. Meil. Bepert.
essary charges, (trinoda necessitas,) to which
CASSATION, COURT OF. (Fr. cour all lands among the Saxons were expressly
de cassation.) The highest court in France; subject. Cowell.
so termed from possessing the power to quash
(easser) the decrees of inferior courts. It is CASTIGATORY. An engine used to
a court of appeal in criminal as well as civil punish women who have been convicted of
cases. being common scolds. It is sometimes called
the "trebucket," "tumbrel," "ducking-
CASSETUR BILLA. (Lat. That the bill stool," or "cucking-stool."
be quashed.) In practice. The form of the
judgment for the defendant on a plea in abate- CASTING. Offering; alleging by way
ment, where the action was commenced by of excuse. Casting an essoin was alleging
bill, (billa.) 3 Bl. Comm. 303; Steph. PI. an excuse for not appearing in couit to an-
128, 131. The form of an entry made by a swer an action. Holthouse.
plaintiff on the record, after a plea in abate- CASTING VOTE. Where the votes of
ment, where he found that the plea could not a deliberative assembly or legislative body
be confessed and avoided, nor traversed, nor are equally divided on any question or mo-
demurred to; amounting in fact to a discon- tion, it is the privilege of the presiding offi-
tinuance of the action. 2 Arehb. Fr. K. B. cer to cast one vote (if otherwise he would
3, 236; 1 Tidd, Pr. 683. not be entitled to any vote) on either side, or
CASSETUR BREVE. (Lat. That the to cast one additional vote, if he has already
writ be quashed.) In practice. The form of voted as a member of the body. This is
the judgment for the defendant on a plea in called the "casting vote."
abatement, where the action was commenced By the common law, a casting vote sometimes
by original writ, (breve.) 3 Bl. Comm. 303; signifies the single vote of a person who never
votes; but, in the case of an equality, sometimes
Steph. PL 107, 109. the double vote of a person who first votes with
CASSOCK, or CASSULA. A garment the rest, and then, upon an equality, creates a ma-
jority by giving a second vote. 48 Barb. 606.
worn by a priest.
CAST, v. In old English practice. To CASTLEGUARD. In feudal law. An
allege, offer, or present; to proffer by way of imposition anciently laid upon such persons
excuse, (as to "cast an essoin.") as lived within a certain distance of any cas-
This word is now used as a popular, rath- tle, towards the maintenance of such as
er than a technical, term, in the sense of to watched and warded the castle.
overcome, overthrow, or defeat in a civil ac-
tion at law.
CASTLEGUARD RENTS. In old En-
glish law. Rents paid by those that dwelt
CAST, p. p. Overthrown, worsted, or de- within the precincts of a castle, towards the
feated in an action. maintenance of such as watched and warded
CASTEL, or CASTLE. A fortress in a
it.
town; the principal mansion of a nobleman, CASTRATION. The act of depriving a
t lust. 31. man of the testicles.
AM.DICT.LAW12
I n old European law. A tax, or tribute; writ clerk's report, and enrollment offices of
a toll. Montesq. Esprit des Lois, liv. 30, c. the chancery division, and a few others.
14. The central office is divided into the follow-
ing departments, and the business and staff
CENSUS EEGALIS. In English law.
of the office are distributed accordingly: (1)
The annual revenue or income of the crown.
Writ, appearance, and judgment; (2) sum-
CENT. A coin of the United States, the mons and order, for the common-law divis-
least in value of those now minted. It is the ions only; (3) filing and record, including
one-hundredth part of a dollar. Its weight the old chancery report office; (4) taxing, for
is 72 gr., and it is composed of copper and the common-law divisions only; (5) enroll-
nickel in the ratio of 88 to 12. ment ; (6) judgments, for the registry of j udg-
ments, executions, etc.; (7) bills of sale; (8)
CENTENA. A hundred. A district or married women's acknowledgments; (9)
division containing originally a hundred free- queen's remembrancer; (10) crown office;
men, established among the Goths, Germans, and (11) associates. Sweet.
Franks, and Lombards, for military and civil
purposes, and answering to the Saxon "hun- C E N T R A L I Z A T I O N . This word
dred." Spelman; 1 Bl. Comm. 115. is used to express the system of government
Also, in old records and pleadings, a hun- prevailing in a country where the manage-
dred weight. ment of local matters is in the hands of func-
CENTENARII. Petty judges, under- tionaries appointed by the ministers of state,
sheriffs of counties, that had rule of a hun- paid by the state, and in constant communi-
dred, (centena,) and judged smaller matters cation and under the constant control and in-
among them. 1 Vent. 211. spiration of the ministers of state, and where
the funds of the state are largely applied to
CENTENI. The principal inhabitants of local purposes. Wharton.
centena, or district composed of different
villages, originally in number a hundred, but CENTUMVIRI. In Roman law. The
afterwards only called by that name. name of an important court consisting of a
body of one hundred and five judges. It was
CENTESIMA. In Roman law. The
made up by choosing three representatives
hundredth part.
from each of the thirty-five Roman tribes.
Usuries centesimal. Twelve per cent, per
The judges sat as one body for the trial of
fcnnum; that is, a hundredth part of the prin-
certain important or difficult questions,
cipal was due each month,the month being
(called, "causes centumvirales,") but ordi-
the unit of time from which the Romans
narily they were separated into four distinct
reckoned interest. 2 Bl. Comm. 462, note.
tribunals.
CENTIME. The name of a denomination
CENTURY. One hundred. A body of
f French money, being the one-hundredth
one hundred men. The Romans were divided
part of a franc.
into centuries, as the English were divided
CENTRAL CRIMINAL COURT. An into hundreds.
English court, having jurisdiction for the Also a cycle of one hundred years.
trial of crimes and misdemeanors committed
in London and certain adjoining parts of CEORL. In Anglo Saxon law. The free-
Kent, Essex, and Sussex, and of such other men were divided into two classes,thanes
sritninal cases as may be sent to it out of the and ceorls. The thanes were the proprietors
jueen's bench, though arising beyond its of the soil, which was entirely at their dis-
proper jurisdiction. It was constituted by posal. The ceorls were men personally free,
the acts 4 & 5 Wm. IV. c. 36, and 19 & 20 but possessing no landed property. Guizot,
Viet. c. 16, and superseded the "Old Bailey." Rep. Govt.
A tenant at will of free condition, who
CENTRAL OFFICE. The central of- held land of the thane on condition of paying
fice of the supreme court of judicature in rent or services. Cowell.
England is the office established in pursuance A freeman of inferior rank occupied in
of the recommendation of the legal depart- husbandry. Spelman.
ments commission in order to consolidate the
offices of the masters and associates of the CEPI. Lat. I have taken. This word
common-law divisions, the crown office of was of frequent use in the returns of sheriffs
the queen's bench division, the record and when they were made in Latin.
of a person who was in the royal service, and to attend on each of the accounts and in-
could not appear in person. Beg. Orig. 19. quiries directed by the judgment. Sweet.
CLAMOR, In old English law. A CLAUSE. A single paragraph or subdi-
claim or complaint; an outcry; clamor. vision of a legal document, such as a con-
In the civil law. A claimant. A debt; tract, deed, will, constitution, or statute.
anything claimed from another. A procla- Sometimes a sentence or part of a sentence.
mation; an accusation. Du Cange.
CLAUSE IRRITANT. In Scotch law.
C L A B E CONSTAT. (It clearly ap- By this clause, in a deed or settlement, the
pears.) In Scotch law. The name of a pre- acts or deeds of a ten ant for life or other pro-
cept for giving seisin of lands to an heir; so prietor, contrary to the conditions of his
called from its initial words. Ersk. Inst. 3, right, become null and void; and by the
8,71. "resolutive" clause such right becomes re-
solved and extinguished. Bell.
CLAREMETHEN. In old Scotch law.
The warranty of stolen cattle or goods; the CLAUSE POTESTATIVE. In French
law regulating such warranty. Skene. law. The name given to the clause whereby
C L A R E N D O N , CONSTITUTIONS one party to a contract reserves to himself
OP. The constitutions of Clarendon were the right to annul it.
certain statutes made in the reign of Henry
CLAUSE ROLLS. In English Law.
II. of England, at a parliament held at Clar-
Bolls which contain all such matters of rec-
endon, (A. D. 1164,) by which the king
ord as were committed to close writs; these
checked the power of the pope and his clergy,
rolls are preserved in the Tower.
and greatly narrowed the exemption they
claimed from secular jurisdiction. 4 Bl. CLAUSULA. A clause; a sentence or
Comm. 422. part of a sentence in a written instrument or
CLARIFICATIO. Lat. In old Scotch law.
law. A making clear; the purging or clear- Clausula generalis de residue non ea
ing (clenging) of an assise. Skene. oomplectitur quse non ejusdem sint gen-
CLASS. The order or rank according to eris cum iis quse speciatim dicta fue-
which persons or things are arranged or as- rant. A general clause of remainder does
sorted. Also a group of persons or things, not embrace those things which are not of the
taken collectively, having certain qualities same kind with those which had been spe-
in common, and constituting a unit for cially mentioned. Lofft, Appendix, 419.
certain purposes; e. g., a class of legatees. Clausula generalis non refertur ad
expressa. 8 Coke, 154. A general clause
CLASSIARIUS. A seaman or soldier
does not refer to things expressed.
serving at sea.
CLASSICI. In the Roman law. Per- Clausula q u abrogationem excludit
sons employed in servile duties on board of ab initio non valet. A clause [in a law]
which precludes its abrogation is void from
vessels. Cod. 11, 12.
the beginning. Bac. Max. 77.
CLASSIFICATION. In the practice of
the English chancery division, where there Clausula vel dispositio inutilis per
are several parties to an administration ac- presumptionem remotam, vel causam ex
tion, including those who have been served post facto non fulcitur. A useless clause
with notice of the decree or judgment, and or disposition [one which expresses no more
it appears to the judge (or chief clerk) that than the law by intendment would have sup-
any of them form a class having the same plied] is not supported by a remote presump-
interest, (e. g.% residuary legatees,) he may tion, [or foreign intendment of some purpose,
require them to be represented by one so- in regard whereof it might be material,] or
licitor, in order to prevent the expense of by a cause arising afterwards, [which may
each of them attending by separate solicitors. induce an operation of those idle words.]
This is termed "classifying the interests of Bac. Max. 82, regula 21.
the parties attending," or, shortly, "classi- Clausulse inconsuetse semper induount
fying," or "classification." In practice the suspicionem. Unusual clauses [in an in-
term is also applied to the directions given by strument] ul ways induce suspicion. 8 Coke,
th* chief clerk as tc which of the parties are 8A.
distinguished from those that are open or ' shown by extrinsic proof to be invalid or in*
patent. applicable to the estate in question. A con-
veyance, mortgage, judgment, tax-levy, etc.,
CLOSE, ft. A portion of land, as a field,
may all, in proper cases, constitute a cloud
inclosed, as by a hedge, fence, or other visible
on title.
inclosure. 3 Bl. Comni. 209. The interest
of a person in any particular piece of ground, CLOUGH. A valley. Also an allowance
whether actually inclosed or not. 7 East, for the turn of the scale, on buying goods
207. wholesale by weight.
The noun "close," in its legal sense, imports a CLUB. A voluntary, unincorporated as-
portion of land inciosed, but not necessarily in-
closed by actual or visible barriers. The invisible, sociation of persons for purposes of a social,
ideal boundary, founded on limit of title, which literary, or political nature, or the like. A
surrounds every man's land, constitutes it his club is not a partnership. 2 Mees. & W. 172.
close, irrespective of walls, fences, ditches, or the
like. The word "club" has no very definite meaning.
Clubs are formed for all sorts of purposes, and
In practice. The word means termina- there is no uniformity in their constitutions and
tion; winding up. Thus the close of the rules. It is well known that clubs exist which
pleadings is where the pleadings are finished, limit the number of the members and select them
with great care, which own considerable property in
i. 0., when issue has been joined. common, and in which the furnishing of food and
drink to the members for money is but one of many
CLOSE COPIES. Copies of legal docu- conveniences which the members enjoy. 187
ments which might be written closely or Mass. 567.
loosely at pleasure; as distinguished from
CLUB-LAW. Rule of violence; regula-
office copies, which were to contain only a
tion by force; the law of arms.
prescribed number of words on each sheet.
CLYPEUS, or CLIPEUS. In old En-
CLOSE-HAULED. In admiralty law, glish law. A shield; metaphorically one of
this nautical term means the arrangement or a noble family. Clypei prostrati, noble
trim of a vessel's sails when she endeavors to families extinct. Mat. Paris, 463.
make a progress in the nearest direction pos-
sible towards that point of the compass from CO. A prefix to words, meaning "with"
which the wind blows. But a vessel may be or "in conjunction" or "joint;" . g., co-
considered as close-hauled, although she is trustees, co-executors.
not quite so near to the wind as she could
COACH. Coach is a generic term. It it
possibly lie. 6 El. & Bl. 771.
a kind of carriage, and is distinguished from
CLOSE ROLLS. Rolls containing the other vehicles, chiefly, as being a covered box,
record of the close writs (literce clausce) and hung on leathers, with four wheels. 9 Ohio,
grants of the king, kept with the public rec- 12.
ords. 2 Bl. Comm. 346. COADJUTOR. An assistant, helper, or
CLOSE WRITS. In English law. Cer- ally; particularly a person appointed to as-
tain letters of the king, sealed with his great sist a bishop who from age or infirmity is
seal, and directed to particular persons and for unable to perform his duty. Also an over-
particular purposes, which, not being proper seer, (coadjutor of an executor,) and one who
for public inspection, are closed up and sealed disseises a person of land not to his own use,
on the outside, and are thence called " writs but to that of another.
close." 2 Bl. Comm. 346; Sewell, Sheriffs, CO-ADMINISTRATOR. One who is a
872. joint administrator with one or more others.
Writs directed to the sheriff, instead of to
the lord. 3 Reeve, Eng. Law, 45. COADUNATIO. A uniting or combin-
ing together of persons; a conspiracy. 9
CLOTURE. The procedure in delibera- Coke, 56.
tive assemblies whereby debate is closed. In-
COAL NOTE. A species of promissory
troduced in the English parliament in the
note, formerly in use in the port of London,
session of 1882.
containing the phrase "value received in
CLOUD ON TITLE. An outstanding coals." By the statute 3 Geo. II. c. 26, 7,
claim or incumbrance which, if valid, would 8, these were to be protected and noted as
affect or impair the title of the owner of a inland bills of exchange. But this was re-
particular estate, and which apparently and pealed by the statute 47 Geo. III. sess. 2, c.
on its face has that effect, but which can be 68, 28.
COALITION. In French law. An un- when clad in armor from one another.
lawful agreement among several persons not Wharton.
to do a thing except on some conditions COCKBILL. To place the yards of a
agreed upon; particularly, industrial com-
ship at an angle with the deck. Fub. St.
binations, strikes, etc.; a conspiracy.
Mass. 1882, p. 1288.
CO-ASSIGNEE. One of two or more COCKET. In English law. A seal belong-
assignees of the same subject-matter. ing to the custom-house, or rather a scroll of
parchment, sealed and delivered by the offi-
COAST. The edge or margin of a coun- cers of the custom-house to merchants, as a
try bounding on the sea. It is held that the warrant that their merchandises are entered;
term includes small islands and reefs natu- likewise a sort of measure. Fleta, lib. 2, o.
rally connected with the adjacent land, and ix.
rising above the surface of the water, al-
though their composition may not be suffi- COCKPIT. A name which used to be
ciently firm and stable to admit of their be- given to the judicial committee of the privy
ing inhabited or fortified; but not shoals council, the council-room being built on the
which are perpetually covered by the water. old cockpit of Whitehall Place.
5 C. Rob. Adm. 385c.
COCKSETUS. A boatman; a cockswain.
This word is particularly appropriate to Cowell.
the edge of the sea, while "shore" may be
used of the margins of inland waters. CODE. A collection or compendium of
laws. A complete system of positive law,
COAST-GUAED. In English law. A scientifically arranged, and promulgated by
body of officers and men raised and equipped legislative authority.
by the commissioners of the admiralty for The collection of laws and constitutions
the defense of the coasts of the realm, and made by order of the Emperor Justinian is
for the more ready manning of the navy in distinguished by the appellation of "The
case of war or sudden emergency, as well as Code," by way of eminence. See CODE OF
for the protection of the revenue against JUSTINIAN.
smugglers. Mozley & Whitley. A body of law established by the legislative au-
thority, and intended to set forth, in generalized
COASTING TRADE. In maritime law. and systematic form, the principles of the entire
Commerce and navigation between different law, whether written or unwritten, positive or cus-
places along the coast of the United States, tomary, derived from enactment or from prece-
dent. Abbott.
as distinguished from commerce with ports
in foreign countries. A code is to be distinguished from a digest.
Commercial intercourse carried on between The subject-matter of the latter is usually re-
different districts in different states, different ported decisions of the courts. But there are
districts in the same state, or different places also digests of statutes. These consist of an or-
in the same district, on the sea-coast or on a derly collection and classification of the exist-
navigable river. 3 Cow. 713; 1 Newb. Adm. ing statutes of a state or nation, while a code
241. is promulgated as one new law covering the
whole field of jurisprudence.
COASTWISE. Vessels "plying coast-
wise" are those which are engaged in the CODE CIVIL. The code which embodies
domestic trade, or plying between port and the civil law of France. Framed in the first
port in the United States, as contradistin- instance by a commission of jurists appointed
guished from those engaged in the foreign in 1800. This code, after having passed both
trade, or plying between a port of the United the tribunate and the legislative body, was
States and a port of a foreign country. 10 promulgated in 1804 as the "Code Civil des
CaL504. Francais." When Napoleon became em-
peror, the name was changed to that of "Code
COAT ARMOR. Heraldic ensigns, in- Napoleon," by which it is still often desig-
troduced by Uichard I. from the Holy Land, nated, though it is now officially styled by
where they were first invented. Originally its original name of "Code Civil."
they were painted on the shields of the Chris-
tian knights who went to the Holy Land CODE DE COMMERCE. A French
during the crusades, for the purpose of iden- code, enacted in 1807, as a supplement to the
tifying them, some such contrivance being Code Napoleon, regulating commercial trans-
accessary in order to distinguish knights actions, the lawi of business, bankruptcies,
on under the social name or firm of th6 gen- stowed in Scotland; called so because the
eral partners only, composed of the names of benefices were commended and intrusted to
the general or complementary partners, the their supervision.
partners in eommanditi being liable to losses
COMMENDATORY. He who holds a
only to the extent of the funds or capital fur-
church living or preferment in commendam.
nished by them. Story, Paitn. 78; 3 Kent,
Comm. 34. COMMENDATORY L E T T E R S . In
ecclesiastical law. Such as are written by
COMMANDMENT. I n practice. An
one bishop to another on behalf of any of
authoritative order of a judge or magisterial
the clergy, or others of his diocese traveling
officer.
thither, that they may be received among the
I n criminal law. The act or offense of faithful, or that the clerk may be promoted,
one who commands another to transgress the or necessaries administered to others, etc.
law, or do anything contrary to law, as theft, Wharton.
murder, or the like. Particularly applied to
the act of an accessary before the fact, in in- COMMENDATUS. Infeudallaw. One
citing, procuring, setting on, or stirring up who intrusts himself to the protection of
another to do the fact or act. 2 Inst. 182. another. Spelman. A person who, by vol-
untary homage, put himself under the pro-
COMMARCHIO. A boundary; the con- tection of a superior lord. Co well.
tines of land.
COMMERCE. The various agreements
COMMENDA. I n French law. The which, have for their object facilitating the
delivery of a benefice to one who cannot hold exchange of the products of the eaith or the
the legal title, to keep and manage it for a industry of man, with an intent to realize a
time limited and render an account of the profit. Pard. Droit Com. n. 1. A general
proceeds. Guyot, Rep. Univ. term including the specific contracts of sale
In mercantile law. An association in and exchange.
which the management of the property was The intercourse of nations in each other's
intrusted to individuals. Troub. Lim. Partn. produce and manufactures, in which the
c. 3, 27. superfluities of one are given for those of
another, and then re-exchanged with other
Commenda est facultas recipiendi et
nations for mutual wants. Wharton.
retinendi beneficium contra j u s positiv-
u m a supreme potestate. Moore, 905. A Commerce is the interchange or mutual change
of goods, productions, or property of any kind be-
commendam is the power of receiving and tween nations or individuals. Transportation is
retaining a benefice contrary to positive law, the means by which commerce is carried on. 45
by supreme authority. Iowa, 338.
Commerce is a term of the largest import. It
COMMENDAM. I n ecclesiastical law. comprehends intercourse for the purposes of trade
The appointment of a suitable clerk to hold in any and all its forms, including the transporta-
tion, purchase, sale, and exchange of commodities
a void or vacant benefice or church living between the citizens of our country and the citi-
until a regular pastor be appointed. Hob. zens or subjects of other countries, and between
144; Latch, 236. the citizens of different states. The power to reg-
ulate it embraces all the instruments by which
I n commercial law. The limited part- such commerce may be conducted. 91 U. S. 275.
nership (or SocUtt en commanditC) of the Commerce is not limited to an exchange of com-
French law has been introduced into the modities only, but includes, as well, intercourse
Code of Louisiana under the title of "Part- with foreign nations and between the states; and
includes the transportation of passengers. 3 Cow.
nership in Commendam." Civil Code La. 713; 34Cal 492.
art. 2810.
The words "commerce" and "trade" are
COMMENDATIO. In the civil law. synonymous, but not identical. They are
Commendation, praise, or recommendation. often used interchangeably; but, strictly
speaking, commerce relates to intercourse or
C O M M E N D A T I O N . Infeudallaw. dealings with foreign nations, states, or po-
This was the act by which an owner of al- litical communities, while trade denotes bus-
lodial land placed himself and his land under iness intercourse or mutual traffic within the
the protection of a lord, so as to constitute limits of a state or nation, or the buying,
himself his vassal or feudal tenant. selling, and exchanging of articles betweeo
COMMENDATORS. Secular persons members of the same community. See 4
upon whom ecclesiastical benefices were be- Denio, 353; Jacob; Whaiton.
AM.DIGT.ULW15
a magistrate or in court in the due course of propriate to create a trust. "It is as appli-
legal proceedings. cable to the subject of a trust, as nearly a
Extra-judicial confessions are those made synonym, as the English language is capable
by the party elsewhere than before a magis- of. Trust is a confidence which one man re-
trate or in open court. 1 Greenl. Ev. 216. poses in another, and confidence is a trust."
2 Pa. St. 133.
CONFESSION AND AVOIDANCE.
A plea in confession and avoidance is one C O N F I D E N T I A L COMMUNI-
which avows and confesses the truth of the CATIONS. These are certain classes of
averments of fact in the declaration, either communications, passing between persons
expressly or by implication, but then proceeds who stand in a confidential or fiduciary rela-
to allege new matter which tends to deprive tion to each other, (or who, on account of
the facts admitted of their ordinary legal their relative situation, are under a special
effect, or to obviate, neutralize, or avoid duty of secrecy and fidelity,) which the law
them. will not permit to be divulged, or allow them
to be inquired into in a court of justice, for
CONFESSION OF DEFENSE. In
the sake of public policy and the good order
English practice. Where defendant alleges
of society. Examples of such privileged re-
a ground of defense arising since the com-
lations are those of husband and wife and
mencement of the action, the plaintiff may
attorney and client.
deliver confession of such defense and sign
judgment for his costs up to the time of such C O N F I D E N T I A L RELATION.
pleading, unless it be otherwise ordered. A fiduciary relation. These phrases are used
Jud Act 1875, Ord. XX. r. 3. as convertible terms. It is a peculiar rela-
tion which exists between client and attor-
CONFESSION OF JUDGMENT. The ney, principal and agent, principal and
act of a debtor in permitting j udgment to surety, landlord and tenant, parent and child,
be entered against him by his creditor, for a guardian and ward, ancestor and heir, hus-
stipulated sum, by a written statement to band and wife, trustee and cestui que trust,
that effect or by warrant of attorney, with- executors or administrators and creditors,
out the institution of legal proceedings of legatees, or distributees, appointer and ap-
any kind. pointee under powers, and partners and part
CONFESSO, BILL TAKEN PRO. owners. In these and like cases, the law, in
In equity practice. An order which the court order to prevent undue advantage from the
of chancery makes when the defendant does unlimited confidence or sense of duty which
not file an answer, that the plaintiff may take the relation naturally creates, requires the
such a decree as the case made by his bill war- utmost degree of good faith in all transac-
rants. tions between the parties. 57 Cal. 497; 1
Story, Eq. Jur. 218.
CONFESSOR An ecclesiastic who re-
ceives auricular confessions of sins from per- CONFINEMENT. Confinement may be
sons under his spiritual charge, and pro- by either a moral or a physical restraint, by
nounces absolution upon them. The secrets threats of violence with a present force, or
of the confessional are not privileged com- by physical restraint of the person. 1 Sum.
munications at common law, but this has 171.
been changed by statute in some states. See CONFIRM. To complete or establish
1 Greenl. Ev. 247, 248. that which was imperfect or uncertain; to
CONFESSORIA ACTIO. Lat. In the ratify what has been done without authority
eivil law. An action for enforcing a servi- or insufficiently.
tude Mackeld. Eom. Law, 324. Confirmare est id firmum facere quod
Confessus in judicio pro judicato prius infirmum fuit. Co. Litt. 295. To
habetur, et quodammodo sua sententia* confirm is to make firm that which was be-
damnatur. 11 Coke, 30. A person con- fore infirm.
fessing his guilt when arraigned is deemed Confirmare nemo potest prius quam
to have been found guilty, and is, as it were, jus ei accident. No one can confirm be-
oondemned by bis own sentence. fore the right accrues to him. 10 Coke, 48.
C O N F I D E N C E . Trust; reliance; Confirmat usum qui tollit abusum.
ground of trust. In the construction of He confirms the use [of a thing] who re-
wills, this word is considered peculiarly ap- moves the abuse, [of it.] Moore, 764.
C O N S O L I D A T I O N . I n t h e civil l a w . Consortio m a l o r u m m e q u o q u e m a -
The union of the usufruct with the estate l u m facit. Moore, 817. The company of
out of which it issues, in the same person; wicked men makes me also wicked.
which happens when the usufructuary ac-
C O N S O R T I U M . In the civil law. A
quires the estate, or vice versa. In either
union of fortunes; a lawful Roman marriage.
case the usufruct is extinct. Lee. El. Dr.
Also, the joining of several persons as par-
Bom. 424.
ties to one action. I n old English law, the
I n Scotch law. The junction of the term signified company or society. In the
property and superiority of an estate, where language of pleading, (as in the phrase per
they have been disjoined. Bell. quod consortium amisit) it means the com-
CONSOLIDATION O F ACTIONS. panionship or society of a wife.
The act or process of uniting several actions C O N S P I R A C Y . In criminal law. A
into one trial and judgment, by order of a combination or confederacy between two or
court, where all the actions are between the more persons formed for the purpose of com-
same parties, pending in the same court, and mitting, by their joint efforts, some unlaw-
turning upon the same or similar issues; or ful or criminal act, or some act which is in-
the court may order that one of the actions nocent in itself, but becomes unlawful when
be tried, and the others decided without trial done by the concerted action of the conspira-
according to the judgment in the one se- tors, or for the purpose of using criminal or
lected. unlawful means to the commission of an act
CONSOLIDATION OF BENEFICES. not in itself unlawful.
The act or process of uniting two or more of The agreement or engagement of persons
them into one. to co-operate in accomplishing some unlaw-
ful purpose, or some purpose which may not
CONSOLIDATION O F CORPORA- be unlawful, by unlawful means. 48 Me.
T I O N S . The union or merger into one cor- 218.
porate body of two or more corporations Conspiracy is a consultation or agreement be-
which had been separately created for simi- tween two or more persons, either falsely to ac-
lar or connected purposes. In England this cuse another of a crime punishable by law; or
is termed "amalgamation." wrongfully to injure or prejudice a third person,
"When the rights, franchises, and effects of or any body of men, in any manner; or to commit
any offense punishable by law; or to do any act
two or more corporations are, by legal au- with intent to prevent the course of justice; or to
thority and agreement of the parties, com- effect a legal purpose with a corrupt intent, or by
bined and united into one whole, and com- improper means Hawk. P. C. c. 72, 2; Archb.
mitted to a single corporation, the stockhold- Crim. PI. 390, adding also combinations by jour-
neymen to raise wages. 6 Ala. 765.
ers of which are composed of those (so far as
they choose to become such) of the compa- CONSPIRATIONE. An ancient writ
nies thus agreeing, this is in law, and ac- that lay against conspirators. Beg. Orig.
cording to common understanding, a consol- 134; Fitzh. Nat. Brev. 114.
idation of such companies, whether such sin-
gle corporation, called the consolidated com- CONSPIRATORS. Persons guilty of a
pany, be a new one then created, or one of conspiracy.
the original companies, continuing in exist- Those who bind themselves by oath, cov-
ence with only larger rights, capacity, and enant, or other alliance that each of them
property. 64 Ala. 656. shall aid the other falsely and maliciously to
indict persons; or falsely to move and main-
C O N S O L I D A T I O N R U L E . I n prac- tain pleas, etc. 33 Edw. I. St. 2. Besides
tice. A rule or order of court requiring a these, there are conspirators in treasonable
plaintiff who has instituted separate suits purposes; as for plotting against the govern-
upon several claims against the same defend- ment. "Wharton.
ant, to consolidate them in one action, where
CONSTABLE. In medieval law. The
that can be done consistently with the rules
name given to a very high ,f nnctionary under
of pleading.
the French and English kings, the dignity
CONSOLS. An abbreviation of the ex- and importance of whose office was only sec-
pression "consolidated annuities," and used ond to that of the monarch. He was in gen-
ia modern times as a name of various funds eral the leader of the royal armies, and had
united in one for the payment of the British cognizance of all matters pertaining to war
optional debt. and arms, exercising both civil and military
AM. D1CT. LAW17
nate one who, for a fixed price, undertakes the apparent effect and purport of the original
to procure the performance of works on a instrument.
large scale, or the furnishing of goods in large CONTRAFACTIO. Counterfeiting; as
quantities, whether for the public or a com-
contrafactio sigilli regis, counterfeiting the
pany or individual.
king's seal. Cowell.
The primary meaning of the word is one who
contracts; one of the parties to a bargain. He C O N T R A I N T E PAR CORPS. In
who agrees to do anything for another is a con- French law. The civil process of arrest of
tractor. 12 N. Y. 628. the person, which is imposed upon vendors
CONTBACTXJS. Contract; a contract; falsely representing their property to be un-
contracts. incumbered, or upon peisons mortgaging
property which they are aware does not be-
CONTRACTUS BONJE PIDEI. In long to them, and in other cases of moral
Roman law. Contracts of good faith. heinousness. Brown.
Those contracts which, when brought into
litigation, were not determined by the rules CONTRALIGATIO. In old English
of the strict law alone, but allowed the judge law. Counter-obligation. Literally, coun-
to examine into the bona fides of the trans- ter-binding. Est enim obligatio quasi con-
action, and to hear equitable considerations traligatio. Fleta, lib. 2, c. 56, 1.
against their enforcement. In this they were
CONTRAMANDATIO. A counter-
opposed to contiacts stricti juris, against
manding. Contramandatio placiti, in old
which equitable defenses could not be enter-
English law, was the respiting of a defend-
tamed.
ant, or giving him further time to answer,
CONTBACTUS CTVILES. In Roman by countermanding the day fixed for him to
law. Civil contracts. Those contracts which plead, and appointing a new day; a sort of
were recognized as actionable by the strict imparlance.
civil law of Rome, or as being founded upon
CONTRAMANDATUM. A lawful ex-
a particular statute, as distinguished from
cuse, which a defendant in a suit by attorney
those which could not be enforced iu the
alleges for himself to show that the plaintiff
courts except by the aid of the praetor, who,
has no cause of complaint. Blount.
through his equitable powers, gave an action
upon them. The latter were called "contrac- CONTRAPLACITUM. In old English
tui> prcetoiii." law. A counter-plea. Townsh. PL 61.
Contractus est quasi actus contra CONTRAPOSITIO. In old English law.
ftctum. 2 Coke, 15. A contract is, as it A plea or answer. Blount. A counter-po-
were, act against act. sition.
Contractus ex turpi causa, vel contra CONTRARIENTS. This word was used
bonos mores, nullus est. A contract in the time of Edw. II. to signify those who
founded on a base consideration, or against were opposed to the government, but were
good morals, is null. Hob. 167. neither rebels nor traitors. Jacob.
Contractus legem ex conventione ac- C o n t r a r i o r u m contraria est ratio.
cipiunt. Contracts receive legal sanction Hob. 344. The reason ot contrary things is
from the agreement of the parties. Dig. 16, contrary.
3, 1. 6.
CONTRAROTULATOR. A controller.
CONTRADICT. In practice. To dis- One whose business it was to observe the
prove. To prove a fact contrary to what has money which the collectors had gathered for
been asserted by a witness. the use of the king or the people. Cowell.
CONTRADICTION IN TERMS. A CONTRAROTULATOR VTBM. An
phrase of which the parts are expressly in- officer of the exchequer that writeth out sum-
consistent, as, e. g., "an innocent murder;" mons twice every year, to the sheriffs, to levy
"a fee-simple for life." the rents and debts of the pipe. Blount.
CONTRiESCRITURA. In Spanish law. C O N T R A T . In French law. Con-
counter-writing; counter-letter. A docu- tracts are of the following varieties: (1) Bi-
ment executed at the same time with an act lateral, or synallagmatique, where each par-
of sale or other instrument, and operating by ty is bound to the other to do what is just
way of defeasance or otherwise modifying and proper; or (2) unilateral, where the one
While joint tenancies refer to persons, the idea COPPICE, or COPSE. A small wood,
of coparcenary refers to the estate. The title to consisting of underwood, which may be cut
it is always by descent. The respective shares at twelve orfifteenyears' growth for fuel.
may be unequal; as, for instance, one daughter
and two granddaughters, children of a deceased COPULA. The corporal consummation
daughter, may take by the same act of descent.
As to strangers, the tenants' seisin is a joint one, of marriage. Copula, (in logic,) the link be-
but, as between themselves, each is seised of his tween subject and predicate contained in the
or her own share, on whose death it goes to the verb.
heirs, and not by survivorship. The right of pos-
session of coparceners is in common, and the pos-Copulatio verborum indicat accepta-
session of one is, in general, the possession of the
tionem in eodem sensu. Coupling of
others. 1 Washb. Real Prop. *414. words together shows that they are to be
COPARCENERS. Persons to whom an understood in the same sense. 4 Bacon's
estate of inheritance descends jointly, and Works, p. 26; Broom, Max. 588.
by whom it is held as an entire estate. 2 Bl. COPULATIVE TERM. One which is
Comm. 187. placed between two or more others to join
COPARTICEPS. In old English law. them together.
Aeoparcener. COPY. The transcript or double of an
COPARTNER. One who is a partner original writing; as the copy of a patent,
with one or more other persons; a member charter, deed, etc.
of a partnership. Exemplifications are copies verified by the
istence of the other. Father and son are CORSNED. In Saxon law. The morsel
correlative terms. Right and duty are cor- of execration. A species of ordeal in use-
relative terms. among the Saxons, performed by eating a
piece of bread over which the priest had
CORRESPONDENCE. Interchange of
pronounced a certain imprecation. If the
written communications. The letters writ-
accused ate it freely, he was pronounced in-
ten by a person and the answers written by
nocent; but, if it stuck in his throat, it was
the one to whom they are addressed.
considered as a proof of his guilt. Crabb,
CORROBORATE. To strengthen; to Eng. Law, 30; 1 Reeve, Eng. Law, 21; 4 Bl.
add weight or credibility to a thing by addi- Comm. 345.
tional and confirming facts or evidence. CORTES. The name of the legislative
The expression "corroborating circumstances" assemblies, the parliament or congress, of
clearly does not mean facts which, independent of
a confession, will warrant a conviction; for then Spam and Portugal.
the verdict would stand not on the confession, but CORTEX. The bark of a tree; the outer
upon those independent circumstances. To cor-
roborate is to strengthen, to confirm by additional covering of anything.
security, to add strength. The testimony of a CORTIS. A co u rt or yard before a house.
witness is said to be corroborated when it is shown
to correspond with the representation of some oth- Blount.
er witness, or to comport with some facts other- CORTULARIUM, or CORTARIUM.
wise known or established. Corroborating cir-
cumstances, then, used in reference to a confes- In old records. A yard adjoining a country
sion, are such as serv* to strengthen it, to render farm.
it more probable; such, in short, as may serve to
CORVEE. In French law. Gratuitous
impress a jury with a belief in its truth. 10 N. J.
Law, 163. labor exacted from the villages or commu-
nities, especially for repairing roads, con-
Corruptio optimi est pessima. Corrup-
structing bridges, etc.
tion of the best is worst.
CORRUPTION. Illegality; a vicious COSA JUZGADA. In Spanish law. A
and fraudulent intention to evade the prohi- cause or matter adjudged, (res judicata.)
bitions of the law. White, New Recop. b. 3, tit. 8, note.
The act of an official or fiduciary person COSDUNA. In feudal law. A custom
who unlawfully and wrongfully uses his sta- or tribute.
ion or character to procure some benefit for COSEN, COZEN. In old English law.
himself or for another person, contrary to To cheat. "A cosening knave." 3 Leon.
duty and the rights of others.
171.
CORRUPTION OP BLOOD. In En- COSENAGE. In old English law. Kin-
glish law. This was the consequence of at- dred; cousinship. Also a writ that lay for
tainder. It meant that the attainted person the heir where the tresail, i. e., the father of
could neither inherit lands or other heredita- the besail, or great-grandfather, was seised
ments from his ancestor, nor retain those he of lands in fee at his death, and a stranger
already had, nor transmit them by descent to entered upon the land and abated. Fitzh.
any heir, because his blood was considered Nat. Brev. 221.
in law to be corrupted. This was abolished
by St. 3 & 4 Wm. IT. c. 106, and 33 & 34 COSENING. In old English law. An
Yict. c 23; and is unknown in America. offense, mentioned in the old books, where
Const. U. S. art. 3, 3. anything was done deceitfully, whether be-
longing to contracts or not, which could not
CORSELET. Ancient armor which be properly termed by any special name. The
covered the body. same as the stellionatus of the civil law.
CORSE-PRESENT. A mortuary, thus Cowell.
termed because, when a mortuary became COSHERING. In old English law. A
due on the death of a man, the best or sec- feudal prerogative or custom for lords to lie
ond-best beast was, according to custom, and feast themselves at their tenants' houses.
offered or presented to the priest, and carried Cowell.
with the corpse. In Wales a corse-present
was due upon the death of a clergyman to COSMUS. Clean. Blount.
the bishop of the diocese, till abolished by COSS. A term used by Europeans In In-
12 Anne St. 2, c 6. 2 Bl. Comm. 426. dia to denote a road-measure of about two
lawful and genuine, with an intention of de- mandant alleged against either request was
ceiving and imposing upon mankind. 1 called a "counter-plea." Co well.
Stew. (Ala.) 384.
COUNTER-ROLLS. In English law.
COUNTER-FESANCE. The act of The rolls which sheriffs have with the coro-
forging. ners, containing particulars of their pro-
ceedings, as well of appeals as of inquests,
COUNTER-LETTER. A species of in- etc. 3 Edw. L c. 10.
strument of defeasance common in the civil
law. It is executed by a party who has COUNTER-SECURITY. A security
taken a deed of property, absolute on its face, given to one who has entered into a bond or
but intended as security for a loan of money, become surety for another; a countervailing
and by it he agrees to reconvey the property bond of indemnity.
on payment of a specified sum. The two COUNTERSIGN. The signature of a
instruments, taken together, constitute what secretary or other subordinate officer to any
Is known in Louisiana as an "antichresis," writing signed by the principal or superior to
<?. v.) vouch for the authenticity of it.
COUNTERMAND. A change or revoca- C O U N T E R V A I L I N G EQUITY.
tion of orders, authority, or instructions pre- A contrary and balancing equity; an equity
viously issued. It may be either express or or right opposed to that which is sought to
implied; the former where the order or in- be enforced or recognized, and which ought
struction already given is explicitly annulled not to be sacrificed or subordinated to the lat-
or recalled; the latter where the party's con- ter, because it is of equal strength and jus-
duct is incompatible with the further con- tice, and equally deserving of consideration.
tinuance of the order or instruction, as
where a new order is given inconsistent COUNTEZ. L. Fr. Count, or reckon.
with the former order. In old practice. A direction formerly given
by the clerk of a court to the crier, after a
COUNTER-MARK. A sign put upon jury was sworn, to number them; and which
goods already marked; also the several marks Blackstone says was given in his time, in
put upon goods belonging to several persons, good English, "count these." 4 Bl. Comm.
to show that they must not be opened, but 340, note (u.)
in the presence of all the owners or their COUNTORS. Advocates, or Serjeants
agents. at law, whom a man retains to defend his
COUNTERPART. In conveyancing. cause and speak for him in court, for their
The corresponding part of an instrument; a fees. 1 Inst. 17.
duplicate or copy. Where an instrument of COUNTRY. The portion of the earth's
conveyance, as a lease, is executed in parts, surface occupied by an independent nation or
that is, by having several copies or duplicates people; or the inhabitants of such territory.
made and interchangeably executed, that In its primary meaning "country" signifies
which is executed by the grantor is usually "place;" and, in a larger sense, the territory or
called the "original," and the rest are "coun- dominions occupied by a community; or even
waste and unpeopled sections or regions of the
terparts;" although, where all the parties earth. But its metaphorical meaning is no less
execute every part, this renders them all definite and well understood; and in common.pan-
originals. 2 Bl. Comm. 296; Shep. Touch. lance, in historical and geographical writings, in
50. See DUPLICATE. diplomacy, legislation, treaties, and international
codes, the word is employed to denote the popula-
COUNTER-PLEA. In pleading. A tion, the nation, the state, or the government,
having possession and dominion over a territory.
plea to some matter incidental to the main 1 Blatchf. 218, 235; 5 N. Y. Leg. Obs. 286.
object of the suit, and out of the direct line
of pleadings. In pleading and practice. The inhab-
itants of a district from which a jury is to be
In the more ancient system of pleading,
summoned; pais; a jury. 3 Bl. Comm. 349;
counter-plea was applied to what was, in ef-
Steph. PL 73, 78, 230.
fect, a replication to aid prayer, (q. v.;) that
is, where a tenant for life or other limited COUNTY. The name given to the prin-
interest in land, having an action brought cipal subdivisions of the kingdom of Eng-
against him in respect to the title to such land and of most of the states of the Ameri-
land, prayed in aid of the lord or reversioner can Union, denoting a distinct portion of
(or his better defense, that which the de- territory organized by itself for political
CBIM. CON. An abbreviation for "crim- is an infringement or privation of the civil right*
inal conversation," of very frequent use, de- of individuals merely. Brown.
noting adultery. A crime, as opposed to a civil injury, is the vio-
lation of a right, considered in reference to th
CRIME. A crime is an act committed or evil tendency of such violation, as regards toe
community at large. 4 Steph. Comm. 4.
omitted, in violation of a public law, either
forbidding or commanding it; a breach or CRIME AGAINST NATURE. The
violation of some public right or duty due to offense of buggery or sodomy.
* whole community, considered as a com-
munity in its social aggregate capacity, as CRIMEN. Lat. Crime. Also an accu-
distinguished from a civil injury. "Crime" sation or charge of crime.
and "misdemeanor," properly speaking, are CRIMEN FALSI. In the civil law.
synonymous terms; though in common usage The crime of falsifying; which might be com-
"crime" is made to denote such offenses as mitted either by writing, as by the forgery
are of a deeper and more atrocious dye. 4 of a will or other instrument; by words, as
Bl. Com in. 5. by bearing false witness, or perjury; and by
Crimes are those wrongs which the gov- acts, as by counterfeiting or adulterating the
ernment notices as injurious to the public, public money, dealing with false weights and
and punishes in what is called a "criminal measures, counterfeiting seals, and other
proceeding," in its own name. 1 Bish. Crim. fraudulent and deceitful practices. Dig. 48,
Law, 43. 10; Hallifax, Civil Law, b. 3, c 12, nn.
A crime may be defined to be any act done 56-59.
in violation of those duties which an indi- In Scotch law. It has been defined:
vidual owes to the community, and for the "A fraudulent imitation or suppression of
breach of which the law has provided that truth, to the prejudice of another." Ersk.
the offender shall make satisfaction to the Inst. 4, 4, 66.
public. Bell.
At common law. Any crime which may
A crime or public offense is an act commit- injuriously affect the administration of jus-
ted or omitted in violation of a law forbid- tice, by the introduction of falsehood and
ding or commanding it, and to which is an- fraud. 1 Greenl. Ev. 373.
nexed, upon conviction, either of the follow-
ing punishments: (1) Death; (2) impris- In modern law. This phrase is not used
onment; (3) fine; (4) removal from office; as a designation of any specific crime, but as
or (5) disqualification to hold and enjoy any a general designation of a class of offenses,
office of honor, trust, or profit in this state. including all such as involve deceit or falsi-
Fen. Code Cal. 15. fication; e. g., forgery, counterfeiting, using
false weights or measures, perjury, etc.
A crime or misdemeanor shall consist in a
violation of a public law, in the commission
Includes forgery, perjury, subornation of
of which there shall be a union or joint oper-
perjury, and offenses affecting the public ad-
ation of act and intention, or criminal neg- ministration of justice. 29 Ohio St. 358.
ligence. Code Ga. 1882, 4292. Crimen falsi dicitur, cum quis illicituf,
According to Blackstone, the word "crime" cui non fuerit ad heec data auctoritas, do
denotes such offenses as are of a deeper and sigillo regis, rapto vel invento, brevia,
more atrocious dye, while smaller faults and cartasve consignaverit. Fleta, lib. 1, e. 23.
omissions of less consequence are called "mis- The crime of forgery is when any one illicitly,
demeanors." But the better use appears to to whom power has not been given for such
be to make crime a term of broad and gen. purposes, has signed writs or charters with
eral import, including both felonies and mis- the king's seal, either stolen or found.
demeanors, and hence covering all infrac-
CRIMEN FURTI. The offense of theft.
tions of the criminal law. In this sense it
is not a technical phrase, strictly speaking, CRIMEN INCENDII. In old criminal
{as "felony" and "misdemeanor" are,) but law. The crime of burning, which included
a convenient general term. In this sense, not only the modern crime of arson, (or burn-
also, "offense" or "public offense" should be ing of a house,) but also the burning of a man,
used as synonymous with it. beast, or other chattel. Britt. c. 9; Crabb,
The distinction between a crime and a tort or Eng. Law, 308.
ivil injury is that the former is a breach and vio- C R I M E N INNOMINATUM. The
lation of the public right and of duties due to the
whole community considered as such, and in its nameless crime. A term for buggery oi
loeial and aggregate capacity; whereas the latter sodomy.
subtle] and captious interpretation is repro- St. 5 & 6 Wm. IV. c. 82. Spence, Eq. Jur.
bated in law. 1 Bulst. 6. 238; 4 Inst. 82.
CUBNOCK. In old English law. A CURSO. In old records. A ridge. Cur-
measure containing four bushels or half a sones terra, ridges of land. Cowell.
quarter of corn. Go well; Blount.
CURSOR. An inferior officer of the pa-
CURRENCY. Coined money and such pal court.
bank-notes or other paper money as are au-
Cursus curies est lex curias. 3 Bulst.
thorized by law and do in fact circulate from
53. The practice of the court is the law of
hand to hand as the medium of exchange.
the court.
CURRENT. Running; now in transit; CURTESY. The estate to which by com-
whatever is at present in course of passage; mon law a man is entitled, on the death of
as "the current month." When applied to his wife, in the lands or tenements of which
money, it means "lawful;" current money is she was seised in possession in fee-simple or
equivalent to lawful money. 1 Dall. 124. in tail during their coverture, provided they
CURRENT FUNDS. This phrase means have bad lawful issue born alive which might
gold or silver, or something equivalent there- have been capable of inheriting the estate.
to, and convertible at pleasure into coined It is a freehold estate for the term of his nat-
money. 4 Ala. 90. ural life. 1 Washb. Real Prop. 127; 2 Bl.
Comm. 126; Co. Litt. 30a.
CURRENT MONEY. The currency of
the country; whatever is intended to and CURTEYN. The name of King Edward
does actually circulate as currency; every spe- the Confessor's sword. It is said that the
cies of coin or currency. 5 Lea, 96. In this point of it was broken, as an emblem of
phrase the adjective "current" is not synon- mercy. (Mat. Par. in Hen. III.) Wharton.
ymous with "convertible." It is employed CURTILAGE. The inclosed space of
to describe money which passes from hand ground and buildings immediately surround-
to hand, from person to person, and circu- ing a dwelling-house.
lates through the community, and is gener- In its most comprehensive and proper legal sig-
ally received. Money is current which is re- nification, it includes all that space of ground and
ceived as money in the common business buildings thereon which is usually inclosed with-
transactions, and is the common medium in in the general fence immediately surrounding a
barter and trade. 41 Ala. 321. principal messuage and outbuildings, and yard
closely adjoining to a dwelling-house, but it may
CURRICULUM. The year; of the course be large enough for cattle to be levant and couch-
ant therein. 1 Chit. Gen. Pr. 175.
of a year; the set of studies for a particular The curtilage of a dwelling-house is a space,
period, appointed by a university. necessary and convenient and habitually used for
the family purposes, and the carrying on of domes-
CURRIT QUATUOR PEDIBUS. L. tic employments. It includes the garden, if there
Lat. It runs upon four feet; or, as some- be one, and it need not be separated from other
times expressed, it runs upon all fours. A lands by fence. 31 Me. 522; 10 Cush. 480; 29 N. J.
Law, 474.
phrase used in arguments to signify the en- The curtilage is the court-yard in the front or
tire and exact application of a case quoted. rear of a house, or at its side, or any piece of
"It does not follow that they run quatuor ground lying near, inclosed and used with, the
pedibus." 1 W. Bl. 145. house, and necessary for the convenient occupa-
tion of the house. 10 Hun, 154.
Currit tempus contra desides et sui In Michigan the meaning of curtilage has been
juris contemptores. Time runs against extended to include more than an inclosure near
the house. 2 Mich. 250.
the slothful and those who neglect their
rights. Bract, fols. 1006, 101. CURTILES TERRAS. In old English
law. Court lands. Cowell.. See COURT
CURSITOR BARON. An officer of the
LANDS.
oourt of exchequer, who is appointed by pat-
ent under the great seal to be one of the bar- CURTILLIUM. A curtilage; the area
ons of the exchequer. The office was abol- or space within the inclosure of a dwelling-
ished by St. 19 & 20 Yict. c. 86. house. Spelman.
CURSITORS, Clerks in the chancery of- CURTIS. A garden; a space about a
fice, whose duties consisted in drawing up house; a house, or manor; a court, or palace;
those writs which were of course, de cursu, a court of justice; a nobleman's residence.
whence their name. They were abolished by Spelman.
D. The fourth letter of the English al- Da tua dum tna snnt, post mortem
phabet. It is used as an abbreviation for a tune tua non sunt. 3 Bulst. 18. Give the
number of words, the more important and things which are yours whilst they are yours;
usual of which are as follows: after death they are not yours.
1. Digestum, or Digesta, that is, the Di- DABIS? DABO. Lat. (Will you give?
gest or Pandects in the Justinian collections I will give.) In the Roman law. One of
of the civil law. Citations to this woik are the forms of making a verbal stipulation.
sometimes indicated by this abbreviation, Inst. 3, 15, 1; Bract, fol. 156.
but more commonly by "Dig."
2. Dictum. A remark or observation, as DACTON. In Spanish law. The real
in the phrase "obiter dictum," (q. v.) and effective delivery of an object in the ex-
8. Demissione. "On the demise." An ac- ecution of a contract.
tion of ejectment is entitled "Doe d. Stiles v. DAGGE. A kind of gun. 1 How. State
Roe;" that is, "Doe, on the demise of Stiles, Tr. 1124, 1125.
against Roe."
4. "Doctor." As in the abbreviated forms DAGUS, oi J J A I S . The raised floor at
of certain academical degrees. "M. D.," the upper end of a hall.
"doctor of medicine;" "LL.D.," "doctor of DAILY. Every day; every day in the
laws;" MD. C. L.," "doctor of civil law." week; every day in the week except one. A
5. "District." Thus, "U. S. Cir. Ct. W. newspaper which is published six days in
D. Pa." stands for "United States Circuit each week is a "daily" newspaper. 45 Cal.
Court for the Western District of Pennsyl- 30.
vania."
6. "Dialogue." Used only in citations to D A K E E , or D I K E E . Ten hides.
tiie work called "Doctor and Student." Blount.
DALE and SALE. Fictitious names of
D. In the Roman system of notation,
places, used in the English books, as exam-
this letter stands for five hundred; and, when
ples. " The manor of Dale and the manor of
a horizontal dash or stroke is placed above
Sale, lying both in Vale."
it, it denotes five thousand.
DALUS, DAILUS, DAILIA. A certain
D. B. E. An abbreviation for de bene
measure of land; such narrow slips of past-
esse, {q. v.) ure as are left between the plowed furrows
D. B. N. An abbreviation for de bonis in arable land. Co well.
non; descriptive of a species of administra-
DAM. A construction of wood, stone, or
tion.
other materials, made across a stream for the
D. C. An abbreviation standing either purpose of penning back the waters.
for "District Court" or "District of Colum- This word is used in two different senses.
bia." It properly means the work or structure,
D. E. R. I. C. An abbreviation used for raised to obstruct the flow of the water in a
De ea re ita censuere, (concerning that mat- river; but, by a well-settled usage, it is often
ter have so decreed,) in recording the decrees applied to designate the pond of water creat-
of the Roman senate. Tayl. Civil Law, 564, ed by this obstruction. 19 N. J. Eq. 248.
566. See, also, 44 N. H. 78.
D. J. An abbreviation for "District DAMAGE. Loss, injury, or deteriora-
Judge." tion, caused by the negligence, design, or ac-
cident of one person to another, in respect of
D. P. An abbreviation for Domus Pro- the latter's person or property. The word is
oerum, the house of lords. to be distinguished from its plural,"dam-
D. S. An abbreviation for "Deputy Sher- ages," which means a compensation in
iff." money for a loss or damage.
An injury produces a right in them who have
D. 8. B. An abbreviation tot.' debitum suffered any damage by it to demand reparation of
line brevi, or debit sans breve* such damage from the authors of the injury. By
DE S O N PROCEDENDO AD AS- of the land came to. Keg. Orig. 182; Fitzh.
8ISAM. A writ forbidding the justices from Nat. Brev. 234, H.
holding an assise in a particular case. Beg.
DE P A C E E T L E G A L I T A T B
Orig. 221.
TENENDA. For keeping the peace, and
DE NON RESIDENTIA CLERICI for good behavior.
REGIS. An ancient writ where a parson DE PACE ET PLAGIS. Of peace,
was employed in the royal service, etc., to (breach of peace,) and wounds. One of the
excuse and discharge him of non-residence. kinds of criminal appeal formerly in use in
2 Inst. 264. England, and which lay in cases of assault,
DE NON SANE MEMORIE. L. Fr. wounding, and breach of the peace. Bract,
Of unsound memory or mind; a phrase syn- fol. 144; 2 Reeve, Eng. Law, 33.
onymous with non compos mentis. DE PACE ET ROBERIA. Of peace
DE NOVI OPERIS NUNCIATIONE. [breach of peace] and robbery. One of the
In the civil law. A form of interdict or in- kinds of criminal appeal formerly in use in
junction which lies in some cases where the England, and which lay in cases of robbery
defendant is about to erect a "new work" and breach of the peace. Bract, fol. 146; 2
{q. v.) in derogation or injury of the plain- Reeve, Eng. Law, 37.
tiff's rights. DE PALABRA. Span. By word; by
DE NOVO. Anew; afresh; a second parol. White, New Recop. b. 2, tit. 19, c.
time. A venire de novo is a writ for sum- 3, 2 .
moning a jury for the second trial of a case DE PARCO FRACTO. A writ or ac-
which has been sent back from above for a tion for damages caused by a pound-breach,
new trial. (q. v.) It has long been obsolete. Co. Litt.
De nullo, quod est sua natura indi- 476; 3 Bl. Comm. 146.
visibile, et divisionem non p a t i t u r , DE PARTITIONS FACIENDA. A
nullam partem habebit vidua, sed sat- writ which lay to make partition of lands or
isfaciat ei ad valentiam. Co. Litt. 32. tenements held by several as coparceners,
A widow shall have no part of that which in tenants in common, etc. Reg. Orig. 76;
its own nature is indivisible, and is not sus- Fitzh. Nat. Brev. 61, R; Old Nat. Brev. 142.
ceptible of division, but let the heir satisfy
her with an equivalent. DE PERAMBULATIONE FACIEN-
DA. A writ which lay where there was a
De nullo tenemento, quod tenetur ad dispute as to the boundaries of two adjacent
terminum, fit homagii, fit tamen inde lordships or towns, directed to the sheriff,
fldelitatis sacramentum. In no tenement commanding him to take with him twelve
which is held for a term of years is there an discreet and lawful knights of his county
avail of homage; but there is the oath of and make the perambulation and set the
fealty. Co. Litt. 676. bounds and limits in certainty. Fitzh. Nat.
Brev. 309, D.
DE ODIO ET ATIA. A writ directed
to the sheriff, commanding him to inquire DE PIGNORE SURREPTO FTJRTI,
whether a prisoner charged with murder was ACTIO. In the civil law. An action to re-
committed upon just cause of suspicion, or cover a pledge stolen. Inst. 4, 1,14.
merely propter odium et atiam, (through DE PIPA VINT CARIANDA. A writ
hatred and ill will;) and if, upon the inquisi- of trespass for carrying a pipe of wine so
tion, due cause of suspicion did not appear, carelessly that it was stove, and the contents
then there issued another writ for the sheriff lost. Reg. Orig. 110. Alluded to by Sir
to admit him to bail. 3 Bl. Comm. 128. William Jones in his remarks on the case of
DE OFFICE. L. Fr. Of office; in vir- Coggs v. Barnard. Jones, Bailm. 59.
tue of office; officially; in the discharge of or- DE PLACITO. Of a plea; of or in an
dinary duty. action. Formal words used in declarations
and other proceedings, as descriptive of the
DE ONERANDO PRO RATA POR-
particular action brought.
TIONE. "Writ for charging according to a
rateable proportion. A writ which lay for a DE P L A G I S ET MAHEMIO. Of
joint tenant, or tenant in common, who was wounds and mayhem. The name of a crim-
distrained for more ient than his proportion inal appeal formerly in use in England, in
DECONFES. In French law. A name lute on motion, and the dissolution takes ef-
formerly given to those persons who died fect, subject to appeal. Wharton.
without confession, whether they refused to
confess or whether they were criminals to DECREE OF CONSTITUTION. In
whom the sacrament was refused. Scotch practice. A decree by which a debt
is ascertained. Bell.
DECOY. A pond used for the breeding In technical language, a decree which is
and maintenance of water-fowl. 11 Mod. 74, requisite to found a title in the person of the
130; 3 Salk. 9. creditor, whether that necessity arises from
the death of the debtor or of the creditor. Id.
DECOY LETTER. A letter prepared
and mailed for the purpose of detecting a DECREE OF FORTHCOMING. In
criminal, particularly one who is perpetrat- Scotch law. A decree made after an arrest-
ing frauds upon the postal or revenue laws. ment (q. t>.) ordering the debt to be paid or
5 Dill. 39. the effects of the debtor to be delivered to the
arresting creditor. Bell.
DECREE. In practice. The judgment
of a court of equity or admiralty, answering DECREE OF LOCALITY. In Scotch
to the judgment of a court of common law. law. The decree of a teind court allocating
A decree in equity is a sentence or order of stipend upon different heritors. It is equiva-
the court, pronounced on hearing and under- lent to the apportionment of a tithe rent-
standing all the points in issue, and deter- charge.
mining the right of all the parties to the suit, DECREE OF MODIFICATION. In
according to equity and good conscience. 2 Scotch law. A decree of the teind court
Daniell, Ch. Pr. 986. modifying or fixing a stipend.
Decree is the judgment of a court of equity, and
is, to most intents and purposes, the same as a DECREE OF REGISTRATION. In
judgment of a court of common law. A decree, as Scotch law. A proceeding giving immediate
distinguished from an order, is final, and is made execution to the creditor; similar to a war-
t the hearing of the cause, whereas an order is
interlocutory, and is made on motion or petition. rant of attorney to confess judgment.
Wherever an order may, in a certain event result-
ing from the direction contained in the order, lead DECREET. In Scotch law. The final
to the termination of the suit in like manner as a judgment or sentence of a court.
decree made at the hearing, it is called a "decretal
order." Brown. DECREET ABSOLVITOR. In Scotch
It is either interlocutory or final; the former law. A decree dismissing a claim, or ac-
where it passes upon some plea or issue arising quitting a defendant. 2 Kames, Eq. 367.
in the cause, but not involving a definitive adjudi-
cation of the main question; the latter where it D E C R E E T ARBITRAL. In Scotch
finally determines the whole matter in dispute.
law. An award of arbitrators. 1 Kames,
In French law. Certain acts of the leg- Eq. 312, 313; 2 Kames, Eq. 367.
islature or of the sovereign which have the
force of law are called "decrees;" as the Ber- DECREET COGNITIONIS CAUSA.
lin and Milan decrees. In Scotch law. When a creditor brings his
action against the heir of his debtor in order
In Scotch law. A final Judgment or
to constitute the debt against him and at-
sentence of court by which the question at
tach the lands, and the heir appears and re-
issue between the parties is decided.
nounces the succession, the court then pro-
DECREE DATIVE. In Scotch law. nounces a decree cognitionis causQ,. Bell.
An order of a probate court appointing an D E C R E E T CONDEMNATOR. In
administrator. Scotch law. One where the decision is in
DECREE NISI. A provisional decree, favor of the plaintiff. Ersk. Inst. 4, 3, 5.
which will be made absolute on motion un- D E C R E E T OF VALUATION OF
less cause be shown against it. In English TEINDS. In Scotch law. A sentence of
practice, it is the order made by the court the court of sessions, (who are now in the
for divorce, on satisfactory proof being given place of the commissioners for the valuation
in support of a petition for dissolution of of teinds,) determining the extent and value
marriage; it remains imperfect for at least of teinds. Bell.
ix months, (which period may be shortened
by the court down to three,) and then, unless DECREMENTUM MARIS. Lat. la
sufficient cause be shown, it is made abso- old English law. Decrease of the sea; the
I n Scotch practice. The act by which A departure, in pleading, is when a party quits
a person is declared to be a rebel, who has or departs from the case or defense which he has
first made, and has recourse to another. 49 Ind.
disobeyed the charge given on letters of horn- I l l ; 16 Johns. 205; 13 N. Y. 83, 89.
ing. Bell. A departure takes place when, in any pleading,
the party deserts the ground that he took in his
DENUNTIATIO. In old English law. last antecedent pleading, and resorts to another.
A public notice or summons. Bract. 2026. Steph. PI. 410. Or, in other words, when the sec-
ond pleading contains matter not pursuant to the
DEODAND. (L. Lat. Deo dandum, a former, and which does not support and fortify it.
thing to be given to God.) In English law. Co Litt. 804a. Hence a departure obviously can
Any personal chattel which was the immedi- never take place till the replication. Steph. PL
ate occasion of the death of any reasonable 410. Each subsequent pleading must pursue or
support the former one; i. e., the replication must
creature.and which was forfeited to the crown support the declaration, and the rejoinder the plea,
to be applied to pious uses, and distributed without departing out of it. 8 BL Comm. 810.
in alms by the high almoner. 1 Hale, P. C.
419; Fleta, lib. 1, c. 25; 1 Bl. Comm. 300; 2 D E P A R T U R E I N DESPITE OP
Steph. Comm. 365. COURT. In old English practice. The
tenant in a real action, having once appeared,
DEOR HEDGE. In old English law. was considered as constructively present in
The hedge inclosing a deer park. court until again called upon. Hence if,
DEPART. In pleading. To forsake or upon being demanded, he failed to appear, he
abandon the ground assumed in a former was said to have "departed in despite [*. e.,
pleading, and assume a new one. See DE- contempt] of the court."
PARTURE.
DEPASTURE. In old English law. To
In maritime law. To leave a port; to
pasture. "If a man depastures unprofitable
be out of a port. To depart imports more
cattle in his ground." Bunb. 1, case 1.
than to sail, or set sail. A warranty in a
policy that a vessel shall depart on or before DEPECULATION. A robbing of the
a particular day is a warranty not only that prince or commonwealth; an embezzling of
she shall sail, but that she shall be out of the the public treasure.
port on or before that day. 3 Maule & S.
461; 3 Kent, Comm. 307, note. "To depart" DEPENDENCY. A territory distinct
does not mean merely to break ground, but from the country in which the supreme sov-
fairly to set forward upon the voyage. 6 ereign power resides, but belonging right-
Taunt. 241. fully to it, and subject to the laws and regu-
lations which the sovereign may think prop-
DEPARTMENT. 1. One of the territo- er to prescribe. 3 Wash. C. C. 286.
rial divisions of a country. The term is It differs from a colony, because it is not
chiefly used in this sense in France, where the settled by the citizens of the sovereign or
division of the country into departments is mother state; and from possession, because
somewhat analogous, both territorially and it is held by other title than that of mere con-
for governmental purposes, to the division quest.
of an American state into counties.
2. One of the divisions of the executive D E P E N D E N T CONTRACT. One
branch of government. Used in this sense which depends or is conditioned upon an-
in the United States, where each department other. One which it is not the duty of the
is charged with a specific class of duties, and contractor to perform until some obligation
comprises an organized staff of officials; e. g., contained in the same agreement has been
the department of state, department of war, performed by the other party. Ham. Parties,
etc. 17, 29, 30, 109.
DEPARTURE. In maritime law. A DEPENDENT COVENANTS are those
deviation from the course prescribed in the in which the performance of one depends on
policy of insurance. the performance of the other.
In pleading. The statement of matter in
a replication, rejoinder, or subsequent plead- DEPENDING. In practice. Pending
ing, as a cause of action or defense, which is or undetermined; in progress. See 5 Coke,
not pursuant to the previous pleading of the 47.
same party, and which does not support and DEPESAS. In Spanish-American law.
fortify it. 2 Williams, Saund. 84a, note 1; 2 Spaces of ground in towns reserved for com-
Wils. 98; Co. Iitt. 304a. mons or public pasturage. 12 Pet. 443, note.
and such actions may always be brought forward. DISCOUNT. In a general sense. An
56 N. H. 416. allowance or deduction made from a gross
The cessation of the proceedings in an sum on any account whatever. In a more
action where the plaintiff voluntarily puts an limited and technical sense. The taking of
end to it, either by giving notice in writing interest in advance.
to the defendant before any step has been By the language of the commercial world
taken in the action subsequent to the answer, | and the settled practice of banks, a discount
or at any other time by order of the court or by a bank means a drawback or deduction
a judge. made upon its advances or loans of money,
In practice, discontinuance and dismissal import upon negotiable paper or other evidences of
the same thing, viz., that the cause is sent out of debt pajableatafutmeday, which are trans-
court 48 Mo. 235. feired to the bank. 8 Wheat. 338; 15 Ohio
In pleading. That technical interrup- St. 87.
tion of the proceedings in an action which Although the discounting of notes or bills, in its
follows where a defendant does not answer most comprehensive sense, may mean lending
the whole of the plaintiff's declaration, and money and taking notes in payment, yet, in its
the plaintiff omits to take judgment for the more ordinary sense, the discounting of notes or
bills means advancing a consideration for a bill or
part unanswered. Steph. PI. 216, 217. note, deducting or discounting the interest which
will accrue for the time the note has to run. 13
DISCONTINUANCE OF AN Conn. 248.
ESTATE. The termination or suspension Discounting by a bank means lending money up-
of an estate-tail, in consequence of the act on a note, and deducting the interest or premium
in advance. 17 N. Y. 507, 515; 48 Mo. 189.
of the tenant in tail, in conveying a larger The ordinary meaning of the term "to discount"
estate in the land than he was by law en- is to take interest in advance, and in banking is a
titled to do. 2 Bl. Comm. 275; 3 Bl. Comm. mode of loaning money. It is the advance of
171. An alienation made or suffered by money not due till some future period, less the in-
terest which would be due thereon when payable.
tenant in tail, or by any that is seised in auter 42 Md. 592.
droit, whereby the issue in tail, or the heir Discount, as we have seen, is the difference be-
or successor, or those in reversion or re- tween the price and the amount of the debt, the
mainder, are driven to their action, and can- evidence of which is transferred. That difference
not enter. Co. Litt. 325a. The cesser of a represents interest charged, being at the same
rate, according to which the price paid, if invested
seisin under an estate, and the acquisition of until the maturity of the debt, will ]ust produce
a seisin under a new and necessarily a wrong- its amount. 104 U S 276.
ful title. Prest. Merg. c. ii. Discounting a note and buying it are not identic-
al in meaning, the latter expression being used to
Discontinuare nihil aliud sigmficat denote the transaction when the seller does not in-
dorse the note, and is not accountable for it. 23
quam intermittere, desueseere, inter- Minn. 206-
rumpere. Co. Litt. 325. To discontinue
In practice. A set-off or defalcation in
signifies nothing else than to intermit, to
an action. Yin. Abr. "Discount." But see
disuse, to interrupt.
1 Mete. (Ky.) 597.
D I S C O N T I N U O U S EASEMENT. DISCOUNT BROKER. A bill broker;
One the enjoyment of which can be had only one who discounts bills of exchange and
by the interference of man, as rights of way, promissory notes, and advances money on
or a right to draw water; as distinguished securities.
from a continuous easement, which is one
the enjoyment of which is or may be con- DISCOVERT. Not married; not subject
tinual, without the necessity of any actual to the disabilities of coverture. It applies
interference by man, as a watei-spout, or a equally to a maid and a widow.
right of light or air. Washb. Easem. 13;
Gale, Easem. 16; 21 N. Y. 505; 60 Mich. 252, DISCOVERY. Invention; finding out.
27 N. W. Rep. 509. This distinction is de- The finding of an island or country not pre-
rived from the French law. See Code Civil, viously known to geographers.
art. 688. In patent law. The finding out some
substance, mechanical device, improvement,
DISCONTINUOUS SERVITUDE. See or application, not previously known.
DISCONTINUOUS EASEMENT.
Discovery, as used in the patent laws, depend*
upon invention. Every invention may, in a cer-
DISCONVENABLE. L. Fr. Improper; tain sense, embrace more or less of discovery, for
unfit. Kelham. it must always include something that is new; but
Donari videtur, quod nullo jure co- Donatio non prsesumitur. A gift is not
gente conceditur. Dig. 50,17, 82. A thing presumed. Jenk. Cent. 109.
Is said to be given when it is yielded other- Donatio perftcitur possessione acci-
wise than by virtue of right. pientis. A gift is perfected [made com-
plete] by the possession of the receiver. Jenk.
DONATARIUS. A donee; one to whom Cent. 109, case 9. A gift is incomplete un-
something is given. til possession is delivered. 2 Kent, Comm.
438.
DONATIO. Lat. A gift. A transfer
of the title to property to one who receives it D o n a t i o principis intelligitur sine
without paying for it. Vicat. The act by prsejudicio tertii. Dav. Ir. K. B. 75. A
which the owner of a thing voluntarily trans- gift of the prince is understood without
fers the title and possession of the same from prejudice to a third party.
himself to another person, without any con- DONATIO PROPTER NUPTIAS. A
sideration. gift on account of marriage. In Roman law,
Its literal translation, "gift," has acquired in the bridegroom's gift to the bride in antici-
real law a more limited meaning, being applied to
the conveyance of estates tail. 3 Bl. Comm. 316; pation of marriage and to secure her dos was
Littleton, 59; West, Symb. 254; 4 Cruise, Dig. called "donatio ante nuptias;" but by an
51. There are several kinds of donatio, as: Do- ordinance of Justinian such gift might be
natio simplex et pura, (simple and pure gift made after as well as before marriage, and
without compulsion or consideration;) donatio ah-
toluta et larga, (an absolute gift;) donatio condi- in that case it was called "donatio propter
tionalis, (a conditional gift;) donatio strtcta et nuptias." Mackeld. Rom. Law, 572.
eoarctura, (a restricted gift, as an estate tail)
DONATION. In ecclesiastical law.
D O N A T I O INTER VIVOS. A gift A mode of acquiring a benefice by deed of
between the living. The ordinary kind of gift alone, without presentation, institution,
gift by one person to another. 2 Kent, or induction. 3 Steph. Comm. 81.
Comm. 438; 2 Steph. Comm. 102. A term In general. A gift. See DONATIO.
derived from the civil law. Inst. 2, 7, 2.
A donation inter vivos (between living DONATIVE ADVOWSON. In eccle-
persons) is an act by which the donee divests siastical law. A species of advowson, where
himself at present and irrevocably of the the benefice is conferred on the clerk by the
thing given in favor of the donee who ac- patron's deed of donation, without presenta-
cepts it. Civil Code La. art. 1468. tion, institution, or induction. 2 Bl. Comm.
23; Termes de la Ley.
DONATIO MORTIS CAUSA. (Lat.
DONATOR. A donor; one who makes a
A gift in prospect of death.) A gift made
gift, (donatio.)
by a person in sickness, who, apprehending
his dissolution near, delivers, or causes to be Donator nunquam. desinit possidere,
delivered, to another the possession of any antequam donatorius incipiat possidere.
personal goods, to keep as his own in case of The donor never ceases to possess, until the
the donor's decease. 2 Bl. Comm. 514. donee begins to possess. Bract, fol. 416
E.
E. As an abbreviation, this letter may Co. Litt. 289. Those things which are prop-
stand for "Exchequer," "English," "Ed- erly transacted in our court ought to be com-
ward," "Equity," "East," "Eastern," mitted to a due execution.
"Easter," or "Ecclesiastical." Ea quse raro accidunt non temere in
E. A Latin preposition, meaning from, agendis negotiis computantur. Those
out of, after, or according. It occurs in things which rarely happen are not to be
many Latin phrases; but (in this form) only taken into account in the transaction of busi-
before a consonant. When the initial of the ness, without sufficient reason. Dig. 50,17,
following word is a vowel, ex is used. 64.
E CONTRA. From the opposite; on the EACH. The effect of this word, used in
contrary. the covenants of a bond, is to create a sev-
eral obligation. 3 Dowl. & R. 112; 5 Term
E CONVERSO. Conversely. On the 522; 2 Day, 442; 104 Mass. 217.
other hand; on the contrary. Equivalent to
e contra. Eadem causa diversis rationibus co-
ram judicibus ecclesiasticis et seculari-
E. G. An abbreviation of exempli gra- bus ventilatur. 2 Inst. 622. The same
tia. For the sake of an example. cause is argued upon different principles be-
fore ecclesiastical and secular judges.
E MESA GRATIA. Out of mere grace
or favor. Eadem est ratio, eadem est lex. The
same reason, the same law. 7 Pick. 493.
E PLTJRIBUS U N U M. One out of
many. The motto of the United States of Eadem mens prsesumitur regis q u
America. est juris et quse esse debet, prsesertim
in dubiis. Hob. 154. The mind of the
EA. Sax. The water or river; also the sovereign is presumed to be coincident with
mouth of a river on the shore between high that of the law, and with that which it ought
and low water-mark. to be, especially in ambiguous matters.
Ea est accipienda interpretatio, qusB
EAGLE. A gold coin of the United
vitio caret. That interpretation is to be re-
ceived [or adopted] which is fiee from fault States of the value of ten dollars.
[or wrong.] The law will not intend a EALDER, or EALDING. In old Saxon
wrong. Bac. Max. 17, (in reg. 3.) law. An elder or chief.
EA INTENTIONE. With that intent. E A L D E R M A N , or EALDORMAN.
Held not to make a condition, but a confi- The name of a Saxon magistrate; alderman;
dence and trust. Dyer, 1386. analogous to earl among the Danes, and sen-
ator among the Romans. See ALDERMAN.
Ea quee, commendandi causa, in ven-
ditionibus dicuntur, si palam appareant, EALDOR-BISCOP. An archbishop.
venditorem non obligant. Those things
which are said on sales, in the way of com- EALDORBURG. Sax. The metropolis;
mendation, if [the qualities of the thing sold] the chief city. Obsolete.
appear openly, do not bind the seller. Dig. EALEHUS. (Fr. eale, Sax., ale, and hus,
18, 1, 43, pr. hbuse.) An ale-house.
Ea quse dari impossibilia sunt, vel EALHORDA. Sax. The privilege of
quse in rerum natura non sunt, pro assising and selling beer. Obsolete.
non adjectis habentur. Those things
which are impossible to be given, or which EAR GRASS. In English law. Such
are not in the nature of things, are regarded grass which is upon the land after the mow-
as not added, [as no part of an agreement.] ing, until the feast of the Annunciation after.
Dig. 50, 17, 135. 3 Leon. 213.
Ea quse in curia nostra rite acta sunt EAR-MARK. A mark put upon a thing
debitse execution! demandari debent. to distinguish it from another. Originally
EDITUS. In old English law. Put forth EFFENDI. In Turkish language. Mas-
or promulgated, when speaking of the pas- ter; a title of respect.
sage of a statute; and brought forth, or born,
EFFIGY. The corporeal representation
when speaking of the birth of a child.
of a person.
EDUCATE. Includes proper moral, as To make the effigy of a person with an in-
well as intellectual and physical, instruction. tent to make him the object of ridicule is a
Code Tenn. 2521; 6 Heisk. 395. libel. 2 Chit. Grim. Law, 866.
EN MORT MEYNE. L. Fr. In a extended sense, the term comprises also the
dead hand; in mortmain. Britt. c. 43. contracts of emphyteusis, pledge, and mort-
gage, and even the creation of a servitude
EN OWEL MAIN. L. Fr. In equal
upon an estate. Escnche; 26 Cal. 88.
hand. The word "owel" occurs also in the
phrase "owelty of partition." ENBREVER. L. Fr. To write down
in short; to abbreviate, or, in old language,
EN R E C O U V R E M E N T . Fr. In
French law. An expression employed to de- imbreviate; to put into a schedule. Britt.
note that an indorsement made in favor of a c. 1.
person does not transfer to him the property ENCAUSTUM. In the civil law. A
in the bill of exchange, but merely constitutes kind of ink or writing fluid appropriate to the
an authority to such person to recover the use of the emperor. Cod. 1, 23, 6.
amount of the bill. Arg. Fr. Merc. Law,
558. ENCEINTE. Pregnant. See PREG-
NANCY.
EN ROUTE. Fr. On the way; in the
course of a voyage or journey; in course of ENCHESON. The occasion, cause, or
transportation. reason for which anything is done. Termes
de la Ley.
EN VENTRE SA MERE. L. Fr. In ENCLOSE. In the Scotch law. To shut
its mother's womb. A term descriptive of up a jury after the case has been submitted
an unborn child. For some purposes the law
to them. 2 Alis. Crim. Pr. 634. See IN-
regards an infant en ventre as in being. It
CLOSE.
may take a legacy; have a guardian; an es-
tate may be limited to its use, etc. 1 Bl. ENCLOSURE. See INCLOSTJBE.
Comm. 130. ENCOMIENDA. In Spanish law. A
EN VIE. L. Fr. In life; alive. Britt. grant from the crown to a private person of
c. 50. a certain portion of territory in the Spanish
colonies, together with the concession of a
ENABLING POWER. When the donor certain number of the native inhabitants, on
of a power, who is the owner of the estate, the feudal principle of commendation. 2
confers upon persons not seised of the fee the Wools. Pol. Science, 161, 162. Also a royal
right of creating interests to take effect out grant of privileges to the military orders of
of it, which could not be done by the donee Spain.
of the power unless by such authority, this
is called an " enabling power." 2 Bouv. Inst. ENCOURAGE. In criminal law. To
no. 1928. instigate; to incite to action; to give cour-
age to; to inspirit; to embolden; to raise con-
ENABLING STATUTE. The act of fidence; to make confident. 7 Q. B. Div.
82 Henry VIII. c. 28, by which tenants in tail,
258; 4 Burr. 2073. See AID.
husbands seised in right of their wives, and
others, were empowered to make leases for ENCROACH. To gain unlawfully upon
their lives or for twenty-one years, which they the lands, property, or authority of another;
could not do before. 2 Bl. Comm. 319; Co. as if one man presses upon the grounds of
Litt. 44a. The phrase is also applied to any another too far, or if a tenant owe two shil-
statute enabling persons or corporations to lings rent-service, and the lord exact three.
do what before they could not. So, too, the Spencers were said to encroach
the king's authority. Blount; Plowd. 94a.
ENACH. In Saxon law. The satisfac-
tion for a crime; the recompense for a fault. In the law of easements. Where the
Skene. owner of an easement alters the dominant
tenement; so as to impose an additional re-
ENACT. To establish by law; to per- striction or burden on the servient tenement,
form or effect; to decree. The usual intro- he is said to commit an encroachment.
ductory formula in making laws is, "Be it en- Sweet.
acted."
ENCUMBER. See INCTTMBER.
ENAJENACION. In Spanish and Mex-
ENCUMBRANCE. See INOTJMBRANCE.
ican law. Alienation; transfer of property.
The act by which the property in a thing, by END. Object; intent. Things are con-
lucrative title, is transferred, as a donation; or strued according to the end. Finch, Law,
by onerous title, as by sale or barter. In a more b. 1, c. 3, no. 10.
by their counsel, used to appear in open court Enumeratio infirmat regulam in casi-
and make their mutual statements viva voce, bus non enumeratis. Enumeration disaf-
instead of as at the present day delivering firms the rule in cases not enumerated. Bac.
their mutual pleadings, until they arrived at Aph. 17.
the issue or precise point in dispute between
Enumeratio unius est exclusio alte-
them. During the progress of this oral state-
rius. The specification of one thing is the
ment, a minute of the various proceedings
exclusion of a different thing. A maxim more
was made on parchment by an officer of the
generally expressed in the form "expressio
court appointed for that purpose. The parch-
unius est exclusio alterius," (q. v.)
ment then became the record; in other words,
the official history of the suit. Long after ENUMERATORS. Persons appointed to
the practice of oral pleading had fallen into collect census papers or schedules. 33 & 34
disuse, it continued necessary to enter the Viet. c. 108, 4.
proceedings in like manner upon the parch-
ment roll, and this was called "entry on the ENURE. To operate or take effect. To
roll," or making up the "issue roll." But serve to the use, benefit, or advantage of a
by a rule of H. T. 4 Wm. IV., the practice person. A release to the tenant for life
of making up the issue roll was abolished; enures to him in reversion; that is, it has the
and it was only necessary to make up the is- same effect for him as for the tenant for life.
sue in the form prescribed for the purpose by Often written "inure."
a rule of H. T. 1853, and to deliver the same ENVOY. In international law. A pub-
to the court and to the opposite party. The lic minister of the second class, ranking next
issue which was delivered to the court was after an ambassador.
called the "nisi prius record;" and that was
Envoys are either ordinary or extraordi-
regarded as the official history of the suit, in nary; by custom the latter is held in greater
like manner as the issue roll formerly was. consideration.
Under the present practice, the issue roll or
nisi prius record consists of the papers deliv- EO INSTANTE. At that instant; at
ered to the court, to facilitate the trial of the the very or same instant; immediately. 1
action, these papers consisting of the plead- Bl. Comm. 196, 249; 2 BL Comm. 168; Co.
ings simply, with the notice of trial. Brown. Litt. 298a; 1 Coke, 138.
EXECTJTIO. Lat. The doing or follow- cree of the court upon a bill filed for that
ing up of a thing; the doing a thing complete- purpose. This happened generally in cases
ly or thoroughly; management or adminis- where, parties having neglected to proceed
tration. upon the decree, their rights under it became
In old practice. Execution; the final so embarrassed by a variety of subsequent
process in an action. events that it was necessary to have the de-
cree of the court to settle and ascertain them.
EXECUTIO BONORUM. In old English Such a bill might also be brought to carry in-
law. Management or administration of goods. to execution the judgment of an inferior
Ad ecclesiam et ad amicos pertinebit executio court of equity, if the jurisdiction of that
bonorum, the execution of the goods shall be- court was not equal to the purpose; as in the
long to the church and to the friends of the case of a decree in Wales, which the de-
deceased. Bract, fol. 606. fendant avoided by fleeing into England.
This species of bill was generally partly an
Executio est executio juris secundum
original bill, and partly a bill in the nature of
judicium. 3 Inst. 212. Execution is the
an original bill, though not strictly original.
execution of the law according to the judg-
Story, Eq. PI. 342; Daniell, Ch. Pr. 1429.
ment.
EXECUTION OF DEEDS. The sign-
Executio est finis et fructus legis.
ing, sealing, and delivery of them by the
Co. Litt. 289. Execution is the end and fruit
parties, as their own acts and deeds, in the
of the law.
presence of witnesses.
Executio juris non habet injuriam.
EXECUTION PAREE. In French law.
2 Boll. 301. The execution of law does no
A right founded on an act passed before a
injury.
notary, by which the creditor may immedi-
EXECUTION. The completion, fulfill- ately, without citation or summons, seize and
ment, or perfecting of anything, or carrying cause to be sold the property of hia debtor,
it into operation and effect. The signing, out of the proceeds of which to receive his
sealing, and delivery of a deed. The signing payment. It imports a confession of judg-
and publication of a will. The performance ment, and is not unlike a warrant of attor-
of a contract according to its terms. ney. Code Proc. La. art. 732; 6 Toullier,
In practice. The last stage of a suit, no. 208; 7 Toullier, no. 99.
whereby possession is obtained of anything EXECUTIONE F A C I E N D l . A writ
recovered. It is styled "final process," and commanding execution of a judgment. Ob-
consists in putting the sentence of the law solete. Cowell.
in force. 3 Bl. Comm. 412. The carrying
into effect of the sentence or judgment of a E X E C U T I O N E FACIENDA I N
court. WITHERNAMIUM. A writ that lay for
Also the name of a writ issued to a sheriff, taking cattle of one who has conveyed the
constable, or marshal, authorizing and re- cattle of another out of the county, so that
quiring him to execute the judgment of the the sheriff cannot replevy them. Reg. Orig.
court. 82.
At common law, executions are said to be
EXECUTIONE JUDICII. A writ di-
either final OT guousgue; the former, where
rected to the judge of an inferior court to do
complete satisfaction of the debt is intended
execution upon a judgment therein, or to re-
to be procured by this process; the latter,
turn some reasonable cause wherefore he de-
where the execution is only a means to an
lays the execution. Fitzh. Nat. Brev. 20.
end, as where the defendant is arrested
on ca. ta. EXECUTIONER. The name given to
In criminal law. The carrying into ef- him who puts criminals to death, accordiug
fect the sentence of the law by the infliction to their sentence; a hangman.
of capital punishment. 4 Bl. Comm. 403;
4 Steph. Comm. 470. EXECUTIVE. As distinguished from
the legislative and judicial departments of
EXECUTION OF DECREE. Some- government, the executive department is that
times from the neglect of parties, or some which is charged with the detail of carrying
other cause, it became impossible to carry a the laws into effect and securing their due
decree into execution without the further de- observance. The word "executive" is also
F.
. In old English criminal law, this let- FABTJLA. In old European law. A con-
ter was branded upon felons upon their be- tract or formal agreement; but particularly
ing admitted to clergy; as also upon those used in the Lombardic and Visigothic laws
convicted of fights or frays, or of falsity. to denote a marriage contract or a will.
Jacob; Cowell; 2 Reeve, Eng. Law, 392; 4
Reeve, Eng. Law, 485. FAC SIMILE. An exact copy, preserve
ing all the marks of the original.
F. O. B. Free on board. A term fre-
quently inserted, in England, in contracts for FAC SIMILE PROBATE. In England,
the sale of goods to be conveyed by ship, where the construction of a will may be af-
meaning that the cost of shipping will be fected by the appearance of the original pa-
paid by the buyer. When goods are so sold per, the court will order the probate to pass
in London the buyer is considered as the in fac simile, as it may possibly help to show
shipper, and the goods when shipped are at the meaning of the testator. 1 Williams,
his risk. Wharton. Ex'rs, (7th Ed.) 331, 386, 566.
FACILE. In Scotch law. Easily per- fact is appointed by the written authoriza-
suaded; easily imposed upon. BelL tion of a principal to manage business affairs
usually not professional. Fraud in fact con-
FACILITIES. This name was formerly
sists in an actual intention to defraud, car-
given to certain notes of some of the banks
in the state of Connecticut, which were made ried into effect; while fraud imputed by law
payable in two years after the close of the arises from the man's conduct in its neces-
war of 1812. 14 Mass. 322. sary relations and consequences.
The word is much used in phrases which con-
FACILITY. In Scotch law. Pliancy of trast it with law. Law is a principle; fact is an
disposition. Bell. event. Law is conceived; fact is actual. Law is
a rule of duty; fact is that which has been accord-
Facinus quos inquinat eequat. Guilt ing to or in contravention of the rule. The dis-
makes equal those whom it stains. tinction is well illustrated in the rule that the ex-
istence of foreign laws is matter of fact. Within
FACIO UT DES. (Lat. I do that you the territory of its jurisdiction, law opera*s as an
may give.) A species of contract in the obligatory rule which judges must recognize and
enforce; but, in a tribunal outside that jurisdic-
civil law (being one of the innominate con- tion, it loses its obligatory force and its claim to
tracts) which occurs when a man agrees to judicial notice. The fact that it exists, if impdr-
perform anything for a price either specific- tant to the rights of parties, must be alleged and
ally mentioned or left to the determination proved the same as the actual existence of any oth-
er institution. Abbott.
of the law to set a value on it; as when a
servant hires himself to his master for cer- The terms "fact" and "truth" are often
tain wages or an agreed sum of money. 2 used in common parlance as synonymous,
Bl. Comm. 445. but, as employed in reference to pleading,
they are widely different. A fact in plead-
FACIO UT FACIAS. (Lat. I do that ing is a circumstance, act, event, or incident;
you may do.) A species of contract in the a truth is the legal principle which declares
civil law (being one of the innominate con- or governs the facts and their operative ef-
tracts) which occurs when I agree with a fect. Admitting the facts stated in a com-
man to do his work for him if he will do plaint, the truth may be that the plaintiff is
mine for me; or if two persons agree to mar- not entitled, upon the face of his complaint,
ry together, or to do any other positive acts to what he claims. The mode in which a
on both sides; or it may be to forbear on one defendant sets up that truth for his protec-
side in consideration of something done on tion is a demurrer. 4 E. D. Smith, 37.
the other. 2 Bl. Comm. 444. As to the classification of facts, see DIS-
FACT. A thing done; an action per- POSITIVE FACTS.
formed or an incident transpiring; an event FACTA. In old English law. Deeds.
or circumstance; an actual occurience. Facta armorum, deeds or feats of arms; that
In the earlier days of the law "fact" was is, jousts or tournaments. Cowell.
used almost exclusively in the sense of "ac- Facts. Facta et casus, facts and cases.
tion" or "deed;" but, although this usage Bract, fol. 16.
survives, in some such phrases as "accessary
before the fact," it has now acquired the Facta sunt potentiora verbis. Deeds
broader meaning given above. are more powerful than words.
A fact is either a state of things, that is, an ex-
istence, or a motion, that is, an event. 1 Benth. Facta tenent multa quse fieri prohi-
Jud Ev. 48. bentur. 12 Coke, 124. Deeds contain many
In the law of evidence. A circumstance, things which are prohibited to be done.
event, or occurrence as it actually takes or FACTIO TESTAMENTI. In the civil
took place; a physical object or appearance, law. The right, power, or capacity of mak-
as it actually exists or existed. An actual ing a will; called "factio actioa." Inst. 2,
and absolute reality, as distinguished from 10,6.
mere supposition or opinion; a truth, as dis- The right or capacity of taking by will;
tinguished from fiction or error. Burrill, called "factio passiva.** Inst. 2, 10, 6.
Circ. Ev. 218.
"Fact" is very frequently used in opposi- FACTO. In fact; by an act; by the act
tion or contrast to "law." Thus, questions or fact. Ipso facto, by the act itself; by the
of fact are for the jury; questions of law for mere effect of a fact, without anything su-
the court. So an attorney at law is an of- peradded, or any proceeding upon it to givt
ficer of the courts of justice; an attorney in it effect. 3 Kent, Comm. 55, 58.
name forgery' has been of modern intro- falsehood, concealment of the truth, or fraud-
duction." "If there is any distinction to be ulent alteration, as by cutting out or eras-
made between 'forgery' and falsehood,' I ing part of a writing.
would consider the latter to be more compre-
hensive than the former." 2 Broun, 77, 78. FALSUS. False; fraudulent; erroneous.
Deceitful; mistaken.
FALSI CRIMEN. Fraudulent suborna-
tion or concealment, with design to darken F a l s u s i n u n o , falsus in omnibus.
or hide the truth, and make things appear False in one thing, false in everything.
otherwise than they are. It is committed Where a party is clearly shown to have em-
(1) by words, as when a witness swears bezzled one article of property, it is a ground
falsely; (2) by writing, as when a person of presumption that he may have embezzled
antedates a contract; (3) by deed, as selling others also. 1 Sumn. 329, 356; 7 Wheat.
by false weights and measures. Wharton. 338.
See CRIMEN FALSI. FAMA. Fame; character; reputation;
FALSIFICATION. In equity practice. report of common opinion.
The showing an item in the debit of an ac- Fama, fides et oculus non patiuntur
count to be either wholly false or in some ludum. 3 Bulst. 226. Fame, faith, and
part erroneous. 1 Story, Eq. Jur. 525. eyesight do not suffer a cheat.
FALSIFY. To disprove; to prove to be Fama, q u suspicionem inducit, oriri
false or erroneous; to avoid or defeat; spoken debet apud bonos et graves, non quidem
of veidicts, appeals, etc. malevolos et maledicos, sed providas et
To counterfeit or forge; to make some- fide dignas personas, non semel sed sse-
thing false; to give a false appearance to any- pius, quia clamor minuit et defamatio
thing. manifestat. 2 Inst. 52. Report, which in-
In equity practice. To show, in ac- duces suspicion, ought to arise from good and
counting before a master in chancery, that a grave men; not, indeed, from malevolent and
charge has been inserted which is wrong; malicious men, but from cautious and credi-
that is, either wholly false or in some part ble persons; not only once, but frequently;
erroneous. Pull. Accts. 162; 1 Story, Eq. for clamor diminishes, and defamation man-
Jur. 525. ifests.
FALSIFYING A RECORD. A high FAMACIDE. A killer of reputation; a
offense against public justice, punishable in slanderer.
England by 24 & 25 Viet. c. 98, 27, 28,
and in the United States, generally, by statute. FAMILIA. In Roman law. A house-
hold; a family. On the composition of the
FALSING. In Scotch law. False mak- Roman family, see AGNATI; COGNATI; and
ing; forgery. "Falsing of evidentis." 1 see Mackeld. Rom. Law, 144.
Pitc. Crim. Tr. pt. 1, p. 85. Family right; the right or status of being
Making or proving false. the head of a family, or of exercising the
FALSING OF DOOMS. In Scotch law. patria potestas ovei others. This could be-
The proving the injustice, falsity, or error long only to a Roman citizen who was a " man
of the doom or sentence of a court. Tom- in his own right," (homo suijuiis.) Mack-
lins; Jacob. The reversal of a sentence or eld. Rom. Law, 133, 144.
judgment. Skene. An appeal. Bell. In old English law. A household; the
body of household servants; a quantity of
FALSO RETORNO BREVIUM. A land, otheivvise called "munsa," sufficient to
writ which formerly lay against the sheriff maintain one family.
who had execution of process for false return- In Spanish law. A family, which might
ing of writs. Reg. Jud. 436. consist of domestics or servants. It seems
FALSONARIUS. A forger; a counter- that a'single person owning negroes was the
feiter. Hov. 424. "head of a family," within the meaning of
the colonization laws of Coahuila and Texas.
FALSUM. Lat. In the civil law. A 9 Tex. 156.
false or forged thing; a fraudulent simula-
tion; a fraudulent counterfeit or imitation, FAMILIES EMPTOR. In Roman law.
such as a forged signature or instrument. An inteimediate peison who purchased the
Also falsification, which may be either by aggregate inheiitance when sold per ces et
bands. Mozley & Whitley; 2 Steph. Comm. some immovable property of his lord, to use
250. the same and take the profits thereof, render-
ing unto the lord such duties and services as
FEME SOLE TRADER. In English
belonged to the particular tenure; the actual
law. A married woman, who, by the cus-
property in the soil always remaining in tht
tom of London, trades on her own account,
lord. Spel. Feuds & Tenures.
independently of her husband; so called
because, with respect to her trading, she is FEODAL. Belonging to a fee or feud;
the same as a feme sole. Jacob; Cro. Car. feudal. More commonly used by the old
68. writers than feudal.
The term is applied also to women desert-
ed by their husbands, who do business as FEODAL ACTIONS. Real actions; so
femes sole. 1 Pet. 105. called in the old books, as originally relating
to feoda, fees, or estates in land. Mirr. c. 2,
FEMICIDE. The killing of a woman. 6; 3 Bl. Comm. 117.
Wharton.
FEODAL SYSTEM. See FEUDAL SYS
FEMININE. Of or pertaining to fe- TEM.
males, or the female sex.
F E O D A L I T Y . Fidelity or fealty.
FENATIO. In forest law. The fawn- Cowell. See FEALTY.
ing of deer; the fawning season. Spelman.
FEODARUMCONSUETTJDINES.
FENCE, . In old Scotch law. To de- customs of feuds. The name of a compilation,
fend or protect by formalities. To "fence a of feudal laws and customs made at Milan in
court" was to open it in due form, and inter- the twelfth century. It is the most ancient
dict all manner of persons from disturbing woik on the subject, and was always re-
their proceedings. This was called "fenc- garded, on the continent of Europe, as pos-
ing, " q. ^...defending or protecting the court. sessing the highest authority.
FENCE, n. A hedge, structure, or par- FEODARY. An officer of the court of
tition, erected for the purpose of inclosing a wards, appointed by the master of that court,
piece of land, or to divide a piece of land into under 32 Hen. VIII. c. 26, whose business it
distinct portions, or to separate two contig- was to be present with the escheator in every
uous estates. See 63 Me. 308; 77 111. 169. county at the finding of offices of lands, and
to give evidence for the king, as well con-
F E N C E - M O N T H , o r DEFENSE- cerning the value as the tenure; and his office
MONTH. In old English law. A period was also to survey the land of the ward, after
of time, occurring in the middle of summer, the office found, and to rate it. He also as-
during which it was unlawful to hunt deer signed the king's widows their dower; and
in the forest, that being their fawning sea- received all the rents, etc. Abolished by 12
son. Probably so called because the deer Car. II. c. 24. Wharton.
were then defended from pursuit or hunting.
Man wood; Co well. FEODATORY. In feudal law. The
grantee of afeod, feud, or fee; the vassal or
FENERATION. Usury; the gain of in- tenant who held his estate by feudal service.
terest; the practice of increasing money by Termes de la Ley. Blacks tone uses "feuda-
lending. tory." 2B1. Comm. 46.
FEN GELD. In Saxon law. A tax or FEODI FIRMA. In old English law.
imposition, exacted for the repelling of en- Fee^farm, (q. v.)
emies.
FEODI FIRMARIUS. The lessee of a
FENIAN. A champion, hero, giant. fee-farm.
This word, in the plural, is generally used to
signify invaders or foreign spoilers. The FEODTJM. This word (meaning a feud
modern meaning of "fenian" is a member of or fee) is the one most commonly used by the
an organization of persons of Irish birth, older English law-writers, though its equiva-
resident in the United States, Canada, and lent, "feudum," is used generally by the
elsewhere, having for its aim the overthrowmore modern writers and by the feudal law-
writers. Litt. 1; Spelman. There were
of English rule in Ireland. Webster, (Supp.)
various classes of feoda, among which may
FEOD. The same aafeud or fief, being be enumerated the following: Feodum laU
the right which the vassal had in land, or cum, a lay fee. Feodum militare, a knight's
of heirs. 2 Bl. Comm. 112, note; 1 Washb. FIAT UT PETITUE. Let it be done a
Real Prop. 66. it is asked. A form of granting a petition.
FEW. An indefinite expression for a FICTIO. In Roman law. A fiction; an
small or limited number. In cases where ex- assumption or supposition of the law.
u
act description is required, the use of this Fiction in the old Roman law was properly a
word will not answer. 53 Vt. 600; 2 Car. & term of pleading, and signified a false averment
P. 300. on the part of the plaintiff which the defendant
was not allowed to traverse; as that the plaintiff
PI. FA An abbreviation tor fieri facias, was a Roman citizen, when in truth he was a for-
(which sec.) eigner. The object of the fiction was to give the
court jurisdiction. Maine, Ano. Law, 25.
FIANCEE,. L. Fr. To pledge one's
Fictio cedit veritati. Fictio juris non
faitb. Kelham.
est ubi veritas. Fiction yields to truth.
FIANZA. In Spanish law. A surety or Where there is truth, fiction of law exists
guarantor; the contract or engagement of a not.
surety. Fictio est contra veritatem, sed pro
FIAR. In Scotch law. He that has the fee veritate habetur. Fiction is against the
or feu. The proprietor is termed "fiar," in truth, but it is to be esteemed truth.
contradistinction to the life-renter. 1 Kames, Fictio juris non est ubi veritas. Where
Eq. Pref. One whose property is charged truth is, fiction of law does not exist.
with a Jife-rent.
F i c t i o l e g i s inique operatur alioui
FIARS PRICES. The value of grain in
damnum vel injuriam. A legal fiction
the different counties of Scotland,fixedyearly
does not properly work loss or injury. 3
by the respective sheriffs, in the month of
Coke, 36; Broom, Max. 129.
February, with the assistance of juries.
These regulate the prices of grain stipulated Fictio legis neminem lsedit. A fiction
to be sold at the fiar prices, or when no price of law injures no one. 2 Rolle, 502; 3 Bl.
has been stipulated. Ersk. 1, 4, 6. Comm. 43; 17 Johns. 348.
FIAT. In English practice. A short or- FICTION. An assumption or supposition
der or warrant of a judge or magistrate di- of law that something which is or may be
recting some act to be done; an authority is- false is true, or that a state of facts exists
suing from some competent source for the which has never really taken place.
doing of some legal act. A fiction is a rule of law which assumes as
One of the proceedings in the English bank- true, and will not allow to be disproved,
rapt practice, being a power, signed by the something which is false, but not impossible.
lord chancellor, addressed to the couit of Best, Ev. 419.
bankruptcy, authorizing the petitioning cred- These assumptions are of an innocent or even
itor to prosecute his complaint before it. 2 beneficial character, and are made for the advance-
Steph. Comm. 199. By the statute 12 & 13 ment of the ends of justice. They secure this end
Viet. c. 116, fiats were abolished. chiefly by the extension of procedure from cases
to which it is applicable to other cases to which it
Fiat jus, ruat justitia. Let law prevail, is not strictly applicable, the ground of inapplica-
bility being some difference of an immaterial char-
though justice fail. acter. Brown.
FIAT JUSTITIA. Let justice be done. Fictions are to be distinguished from pre-
On a petition to the king for his warrant to sumptions of law. By the former, something
bring a writ of error in parliament, he writes known to be false or unreal is assumed as
on the top of the petition, "Fiat justitia," true; by the latter, an inference is set up,
and then the wiit of error is made out, etc. which may be and probably is true, but which,
Jacob. at any rate, the law will not permit to be
Fiat justitia, ruat coelum. Let right be controverted.
done, though the heavens should fall. Mr. Best distinguishes legal fictions from pre-
sumptions juris et de jure, and divides them into
Fiat prout fieri consuevit, (nil temere three kinds,affirmative or positivefictions,nega-
tive fictions, andfictionsby relation. Best, Pres.
novandum.) Let it be done-as it hath used p. 27, 24.
to be done, (nothing must be rashly innovat-
ed.) Jenk. Cent. 116, case 39; Branch, F I C T I T I O U S ACTION. An action
Fine brought for the sole purpose of obtaining the
flag; and that such addition shall take effect F L E E FROM JUSTICE. To leave
on the fourth day of July then next succeed- one's home, residence, or known place of
ing such admission." abode, or to conceal one's self therein, with
intent, in either case, to avoid detection or
FLAGELLAT. Whipped; scourged. An punishment for some public offense. 3 DilL
entry on old Scotch recoids. 1 Pitc. Grim. 381; 48 Mo. 240.
Tr. pt. 1, p. 7.
"FLEE TO THE WALL." A meta-
FLAGRANS. Burning; raging; in act- phorical expression, used in connection with
ual perpetration. Flagians helium, a war homicide done in self-defense, signifying the
actually going on. exhaustion of every possible means of es-
FLAGRANS CRIMEN. In Roman cape, or of averting the assault, before kill-
law. A fresh or recent ciimp. This term ing the assailant.
designated a crime in the very act of its FLEET. A place where the tide flows;
commission, or while it was of recent occur- a creek, or inlet of water; a company of
rence. ships or navy; a prison in London, (so called
FLAGRANT DELIT. In French law. from a river or ditch fccmerly in its vicini-
A crime which is in actual process of per- ty,) now abolished by 5 & 6 Viet. c. 22.
petration or which has just been committed.
Code d'Instr. Crim. art. 41. FLEM. In Saxon and old English law*
A fugitive bondman or villein. Spelman.
FLAGRANT NECESSITY. A case of The privilege of having the goods and fines
urgency rendering lawful an otherwise illegal of fugitives.
act, as an assault to remove a man from
impending danger. F L E M E N E F R I T , FLEMENES
F R I N T H EFLYMEN A FRYNTHE.
FLAGRANTE BELLO. During an The reception or relief of a fugitive or out-
actual state of war. law. Jacob.
FLAGRANTE DELICTO. In the very FLEMESWITE. The possession of the
act of committing the crime. 4 Bl. Comm. goods of fugitives. Fleta, lib. 1, c. 147.
307.
FLET. In Saxon law. Land; a house;
F L A S H C H E C K . A check drawn home.
upon a banker by a person who has no funds
at the banker's, and knows that such is the FLETA. The name given to an ancient
case. treatise on the laws of England, founded
mainly upon the writings of Bracton and
FLAT. A place covered with water too Glanville, and supposed to have been written
shallow for navigation with vessels ordina- in the time of Edw. I. The author is un-
rily used for commeicialpurposes. 34 Conn. known, but it is surmised that he was a judge
370; 7 Cush. 195. or learned lawyer who was at that time con-
F L A V I A N U M J U S . In Roman fined in the Fleet prison, whence the name
law. The title of a book containing the of the book.
forms of actions, published by Cneius Fla- FLICHWITE. In Saxon law. A fine
vius, A. U. C. 449. Mackeld. Rom. Law, on account of brawls and quarrels. Spel-
39. Calvin. man.
FLECTA. A feathered or fleet arrow. FLIGHT. In criminal law. The act of
Cowell. one under accusation, who evades the law by
FLEDWITE. A discharge or freedom voluntarily withdrawing himself. It is pre-
from amercements where one, having been sumptive evidence of guilt.
an outlawed fugitive, cometh to the place of FLOAT. In American land law, espe-
our lord of his own accord. Termes de la cially in the western states. A certificate
Ley. authorizing the entry, by the holder, of a cer-
The liberty to hold court and take up tain quantity of land. 20 How. 501, 504.
the amercements for beating and striking.
Cowell. FLOATABLE. Used for floating. A
The fine set on a fugitive as the price of floatable stream is a stream used for floating
obtaining the king's freedom. Spelman. logs, rafts, etc. 2 Mich. 519.
voyage is broken up by vis major, and no FRESH FORCE. Force done within
freight earned, no wages, eo nomine, are due. forty days. Fitzh. Nat. Brev. 7; Old Nat.
Brev. 4. The heir or reversioner in a case of
FREIGHTER. In maritime law. The disseisin by fresh force was allowed a remedy
party by whom a vessel is engaged or char- in chancery by bill before the mayor. Cowell.
tered; otherwise called the "charterer." 2
Steph. Comm. 148. In French law, thecwner FRESH PURSUIT. A pursuit insti-
of a vessel is called the "freighter," (freteur;) tuted immediately, and with intent to reclaim
the merchant who hires it is called the "af- or recapture, after an animal escaped, a thief
freighter," {affreteur.) Emerig. Tr. des Ass. flying with stolen goods, etc.
ch. 11, 3. FRESH SUIT. In old English law.
FRENCHMAN. In early times, in En- Immediate and unremitting pursuit of an es-
glish law, this term was applied to every caping thief. "Such a present and ear-
stranger or "outlandish" man. Bract, lib. 3, nest following of a robber as never ceases from
tr. 2, c. 15. the time of the robbery until apprehension.
The party pursuing then had back again his
FRENDLESMAN. Sax. An outlaw. goods, which otherwise were forfeited to the
So called because on his outlawry he was de- crown." Staundef. P. C. lib. 3, cc. 10, 12;
nied all help of friends after certain days. 1 Bl. Comm. 297.
Cowell; Blount.
FRESHET. A flood, or overflowing of a
FRENDWITE. In old English law. A river, by means of rains or melted snow; an
mulct or fine exacted from him who harbored inundation. 3Phila. 42.
an outlawed friend. Cowell; Tomlins.
F R E T . Fr. In French marine law.
FRENETICUS. In old English law. A Freight. Ord. Mar. liv. 3, tit. 3.
madman, or person in a frenzy. Fleta, lib.
1, c. 36. FRETER. Fr. In French marine law.
To freight a ship; to let it. Emerig. Tr. des
FREOBORGH. A free-surety, or free- Ass. c. 11, 3.
pledge. Spelman. See FRANK-PLEDGE.
FRETEUR. Fr. In French marine law.
FREQUENT, . To visit often; to re- Freighter. The owner of a ship, who lets it
sort to of ten or habitually. 109 Ind. 176, 9 to the merchant. Emerig. Tr. des Ass. c. 11,
N. E. Rep. 781. 3.
Frequentia aetus multum operatur. FRETTUM, FRECTUM. In old En-
The frequency of an act effects much. 4 glish law. The freight of a ship; freight
Coke, 78; Wing. Max. p. 719, max. 192. A money. Cowell.
continual usage is of great effect to establish
FRETUM. A strait.
a right.
FRERE. A brother. Frere eyne, elder F R E T U M BRITANNICUM. The
strait between Dover and Calais.
brother. Frere puisne, younger brother.
Britt. c. 75. FRIARS. An order of religious persons,
of whom there were four piincipal branches,
JPRESCA. In old records. Fresh water,
viz.: (1) Minors, Grey Friars, or Francis-
or rain and land flood.
cans; (2) Augustines; (3) Dominicans, or
FRESH DISSEISIN. By the ancient Black Friars; (4) White Friais, or Carmel-
common law, where a man had been disseised, ites, from whom the rest descend. Wharton.
he was allowed to right himseli by force, by
ejecting the disseisor from the premises, FRIBUSCULUM. In the civil law. A
without resort to law, provided this was done temporary separation between husband and
forthwith, while the disseisin was fresh, wife, caused by a quarrel or estrangement,
{fiagrante disseisina.) Bract, fol. 1626. but not amounting to a divorce, because not
No particular time was limited for doing this, accompanied with an intention to dissolve
but Bracton suggested it should be fifteen the marriage.
days. Id. fol. 163. See Britt. cc. 32, 43, FRIDBORG, FRITHBORG. Frank-
44, 65. pledge. Cowell. Security for the peace. Spel-
FRESH FINE. In old English law. A man.
fine that had been levied within a year past. FRIDHBURGUS. In old English law.
St. Westm. 2, c. 45; Cowell. A kind of frank-pledge, by which the lords or
G.
G. In the Law French orthography, this G A G E R DEL LEY. Wager of law,
letter is often substituted for the English W, (q. V.)
particularly as an initial. Thus, "gage" for GAIN. Profits; winnings; increment of
"wage," "garranty" for "warranty," "gast" value.
for "waste."
GAINAGE. The gain or profit of tilled
GABEL. An excise; a tax on movables; or planted land, raised by cultivating it; and
a rent, custom, or service. Co. Litt. 213. the draught, plow, and furniture for carry-
GABELLA. A tax or duty on personalty. ing on the work of tillage by the baser kind
Co well; Spelman. of sokemen or villeins. Bract. 1. i. c. 9.
6 A B L A T O E E S . Persons who paid GAINERY. Tillage, or the profit arising
gabel, rent, or tribute. Domesday; Cowell. from it, or from the beasts employed therein.
GABLUM. A rent; a tax. Domesday; GAINOR. In old English law. Asoke-
Du Cange. The gable-end of a house. Cowell. man; one who occupied or cultivated arable
land. Old Nat. Brev. fol. 12.
GABULXJS DENARIORUM. Rent
paid in money. Seld. Tit. Hon. 321. GAJUM. A thick wood. Spelman.
GALE. The payment of a rent, tax, duty,
GAFFOLDGILD. The payment of cus- or annuity.
tom or tribute. Scott. A gale is the right to open and work a mine
GAFFOLDLAND. Property subject to within the Hundred of St. Briavel's, or a
the gaffoldgild, or liable to be taxed. Scott. stone quarry within the open lands of the
Forest of Dean. The right is a license or
GAFOL. The same word as "gabel" or interest in the nature of real estate, condi-
" ga vel." Ren t; tax; i n terest of m on ey. tional on the due payment of rent and ob-
GAGE,. In old English law. To pawn servance of the obligations imposed on the
or pledge; to give as security for a payment galee. It follows the ordinary rules as to the
or performance; to wage or wager. devolution and conveyance of real estate.
The galee pays the crown a rent known as a
G A G E , n. In old English law. A "galeage rent," "royalty," or some similar
p.iwn or pledge; something deposited as se- name, proportionate to the quantity of min-
curity for the performance of some act or the erals got from the mine or quarry. Sweet.
payment of money, and to be forfeited on
failure or non-performance. Glanv. lib. 10, GALEA. In old records. A piratical
c. 6; Britt. c. 27. vessel; a galley.
A mortgage is a dead-gage or pledge; for, what- GALENES. In old Scotch law. Amends
soever profit it yields, it redeems not itself, unless or compensation for slaughter. Bell.
the whole amount secured is paid at the appointed
dme. Cowell. GALLI-HALFPENCE. A kind of coin
In French law. The contract of pledge which, with suskins and doitkins, was for-
or pawn; also the article pawned. bidden by St. 3 Hen. V. c. 1.
GAGE, ESTATES I N . Those held in GALLIVOLATIUM. A cock-shoot, or
vadio, or pledge. Theyareof two kinds: (1) cock-glade.
Vivum vadium, or living pledge, orvifgage;
(2) mortuum vadium, or dead pledge, better GALLON. A liquid measure, containing
known as "mortgage." 231 cubic inches, or four quarts. The im-
perial gallon contains about 277, and the ale
GAGER DE DELIVERANCE. In old gallon 282, cubic inches.
English law. When he who has distrained, GALLOWS. A scaffold; a beam laid
being sued, has not delivered the cattle dis- over either one or two posts, from which male-
trained, then he shall not only avow the dis- factors are hanged.
tress, but gager deliverance, i. e.t put in
surety or pledge that he will deliver them. GAMACTA. In old European law. A.
Fitzh. Nat. Brev. stroke or blow. Spelman.
r\M DICT.LAW34
money (that is, a like sum) is to be returned. plan or particular object, or without refer-
It is equivalent to a loan, and the money ence to such plan or object.
deposited becomes the property of the deposi-
tary. 43 Ala. 138. GENERAL INTEREST. In speaking
of matters of public and general interest, the
G E N E R A L ELECTION. 1. One at terms "public" and "general" are sometimes
which the officers to be elected are such as used as synonyms. But in regard to the ad-
belong to the general government,that is, missibihty of hearsay evidence, a distinction
the general and central political organization has been taken between them, the term
of the whole state; as distinguished from an "public" being strictly applied to that which
election of officers for a particular locality concerns every member of the state, and the
only. term "general" being confined to a lesser,
2. One held for the selection of an officer aft- though still a considerable, portion of the
er the expiration of the full term of the former community. Tayl. Ev. 609.
officer; thus distinguished from a special
election, which is one held to supply a vacancy GENERAL ISSUE. In pleading. A
in office occurring before the expiration of plea which traverses and denies, briefly and
the full term for which the incumbent was in general and summary terms, the whole
elected. 52 Cal. 164. declaration, indictment, or complaint, with-
out tendering new or special matter. See
GENERAL EXECUTOR. One whose Steph. Fl. 155. Examples of the general is-
power is not limited either territorially or as sue are "notguilty," "non assumpsit," "nil
to the duration or subject of his trust. debet," " non estfactum."
GENERAL FIELD. Several distinct GENERAL JURISDICTION. Such as
lots or pieces of land inclosed and fenced in extends to all controversies that may be
as one common field. 14 Mass. 440. brought before a court within the legal bounds
of rights and remedies; as opposed to special
GENERAL FUND. This phrase, in
or limited jurisdiction, which covers only a
New York, is a collective designation of all
particular class of cases, or cases where the
the assets of the state which furnish the
amount in controversy is below a prescribed
means for the support of government and for
sum, or which is subject to specific excep-
defraying the discretionary appropriations of
tions.
the legislature. 27 Barb. 575, 588.
The terms "general" and "special," applied to
G E N E R A L G A O L DELIVERY. jurisdiction, indicate the difference between a le-
gal authority extending to the whole of a particu-
In English law. At the assizes {q. v.) the lar subject and one limited to a part; and, when
judges sit by virtue of five several authori- applied to the terms of court, the occasion upon
ties, one of which is the commission of "gen- which these powers can be respectively exercised.
eral gaol delivery." This empowers them to 1 N. Y. 232.
try and deliverance make of every prisoner
who shall be in the gaol when the judges ar- GENERAL LAND-OFFICE. In the
rive at the circuit town, whether an indict- United States, one of the bureaus of the in-
ment has been preferred at any previous as- terior department, which has charge of the
size or not. 4 Bl. Comm. 270. survey, sale, granting of patents, and other
matters relating to the public lands.
GENERAL GUARDIAN. One who
has the general care and control of the per- GENERAL LAW. A general law, as
son and estate of his ward. contradistinguished from one that is special
or local, is a law that embraces a class of sub-
GENERAL IMPARLANCE. In plead- jects or places, and does not omit any subject
ing. One granted upon a prayer in which or place naturally belonging to such class.
the defendant reserves to himself no excep- 40 N. J. Law, 1.
tions. A law, framed in general terms, restricted
GENERAL INCLOSURE ACT. The to no locality, and operating equally upon all
statute 41 Geo. III. c. 109, which consoli- of a group of objects, which, having regard
dates a number of regulations as to the in- to the purposes of the legislation, are dis-
closure of common fields and waste lands. tinguished by characteristics sufficiently
marked and important to make them a class
GENERAL INTENT. An intention, by themselves, is not a special or local law,
purpose, or design, either without specific but a general law. 40 N. J. Law, 123.
GENERAL LEGACY. A pecuniary the joint benefit and profit of all the parties
legacy, payable out of the general assets of concerned, whether the capital stock be lim-
a testator. 2 1. Comm. 512; Ward, Leg. ited or not, or the contributions thereto be
1,16. equal or unequal. Story, Partn. 74.
GENERAL LIEN. A right to detain a GENERAL PROPERTY. The right
chattel, etc., until payment be made, not and property in a thing enjoyed by the general
only of any debt due in respect of the partic- otoner, (q. v.)
ular chattel, but of any balance that may be
GENERAL RESTRAINT OP TRADE.
due on general account in the same line of
One which forbids the person to employ his
business. A general lien, being against the
talents, industry, or capital in any undertak-
ordinary rule of law, depends entirely upon
ing within the limits of the state or country.
contract, express or implied, from the special
9 How. Pr. 337.
usage of dealing between the parties. Whar-
ton. GENERAL RETAINER. A general
retainer of an attorney or solicitor "merely
GENERAL MALICE. General malice gives a right to expect professional service
Is wickedness, a disposition to do wrong, a when requested, but none which is not re-
"black and diabolical heart, regardless of so-
quested. It binds the person retained not to
cial duty and fatally bent on mischief." 11
take a fee from another against his retainer,
Ired. 261.
but to do nothing except what he is asked to
GENERAL MEETING. A meeting of do, and for this he is to be distinctly paid."
all the stockholders of a corporation, all the 6 R. I. 206.
creditors of a bankrupt, etc. GENERAL RETURN-DAY. The day
GENERAL MONITION. In civil law for the general return of all writs of sum-
and admiralty practice. A monition or sum- mons, subpoena, etc., running to a particular
mons to all parties in interest to appear and term of the court.
show cause against the decree prayed for. GENERAL RULES. General or stand-
GENERAL OCCUPANT. At common ing orders of a court, in relation to practice,
law where a man was tenant pur auter vie, etc. See GENERAL ORDEKS.
or had an estate granted to himself only (with- GENERAL SESSIONS. A court of
out mentioning his heirs) for the life of an- record, in England, held by two or more jus-
other man, and died without alienation during tices of the peace, for the execution of the
the life of cestui que vie, or him by whose authority given them by the commission of
life it was holden, he that could first enter on the peace and certain statutes. General ses-
the land might lawfully retain the possession, sions held at certain times in the four quar-
so long as cestui que vie lived, by right of oc- teis of the year pursuant to St. 2 Hen. V.are
cupancy, and was hence termed a "general" propeily called "quarter sessions," (q. v.,)
or common "occupant." 1 Steph. Comm. but intermediate general sessions may also be
415. held. Sweet.
GENERAL ORDERS. Orders or rules GENERAL SHIP. Where'a ship is not
of court, promulgated for the guidance of chartered wholly to onepeison, but the owner
practitioners and the regulation of procedure offeis her generally to carry the goods of all
in general, or in some general branch of its comers, or where, if chartered to one person,
jurisdiction; as opposed to a rule or an order he offers her to several subfreighters for the
made in an individual case; the rules of court. conveyance of their goods, she is called a
"general" ship, as opposed to a "chartered"
GENERAL OWNER. The general one. Brown.
owner of a thing is he who has the primary
A vessel in which the master or owners engage
or residuary title to it; as distinguished from separately with a number of persons unconnected
a special owner, who has a special interest in with each other to convey their;respective goods
the same thing, amounting to a qualified to the place of the ship's destination. 6 Cow. 173.
ownership, such, for example, as a bailee's
G E N E R A L S P E C I A L IMPAR-
lien.
LANCE. An imparlance (q. t>.) granted
GENERAL PARTNERSHIP. A part- upon a prayer in which the defendant re-
nership in which the parties carry on all their serves to himself "all advantages and excep-
trade and business, whatever it may be, for tions whatsoever." 2 Chit. PI. 408.
GO TO PROTEST. Commercial paper ship are braced square across. 1 Newb. Adm.
is said to "go to protest" when it is dishon- 115.
ored by non-payment or non-acceptance and
GOING THROUGH THE BAR. The
Is handed to a notary for protest.
act of the chief of an English common-law
GO WITHOUT DAY. Words used to court in demanding of every member of the
denote that a party is dismissed the court. bar, in order of seniority, if he has anything
He is said to go without day, because there to move. This was done at the sitting of the
is no day appointed for him to appear again. court each day in terra, except special paper
days, crown paper days in the queen's bench,
GOAT, GOTE. In old English law. A and revenue paper days in the exchequer.
contrivance or structure for draining waters On the last day of terra this order is reversed,
out of the land into the sea. Callis describes the first and second time round. In the ex-
goats as "usual engines erected and built chequer the postman and tubman are first
with portcullises and doors of timber and called on. Wharton.
stone or brick, invented first in Lower Ger-
many." Callis, Sewers, (91,) 112,113. Cow- GOING TO THE COUNTRY. When
ell defines "gote," a ditch, sewer, or gutter. a party, under the common-law system of
pleading, finished his pleading by the words
GOD AND MY COUNTRY. The an- "and of this he puts himself upon the coun-
swer made by a prisoner, when arraigned, try," this was called "going to the country."
in answer to the question, "How will you be It was the essential termination to a pleading
tried?" In the ancient practice he had the which took issue upon a material fact in the
choice (as appears by the question) whether preceding pleading. Wharton.
to submit to the trial by ordeal (by God) or
to be tried by a jury, (by the country;) and GOING WITNESS. One who is about to
it is probable that the original form of the take his departure from the jurisdiction of the
answer was, "By God or my country," where- court, although only into a state or country
by the prisoner averred his innocence by de- under the general sovereignty; as from one
clining neither of the modes of trial. to another of the United States, or from
England to Scotland.
GOD-BOTE. An ecclesiastical or church
fine paid for crimes and offenses committed GOLDA. A mine. Blount. A sink or
against God. Cowell. passage for water. Cowell.
H.
H. This letter, as an abbreviation, stands act is justly regarded as the great constitu-
for Henry (a king of that name) in the cita- tional guaranty of personal liberty.
tion of English statutes. In the Year Books,
it is used as an abbreviation for Hilary term. HABEAS CORPUS AD DELIBE-
BANDUM ET RECIPIENDUM. A writ
H. A. An abbreviation for hoc anno, this which is issued to remove, for trial, a person
year, in this year. confined in one county to the county or place
H. B. An abbreviation for house bill, where the offense of which he is accused was
i. 0., a bill in the house of representatives, committed. Bac. Abr. "Habeas Corpus,"
as distinguished from a senate bill. A; 1 Chit. Crim. Law, 132. Thus, it has
been granted to remove a person in custody
H. C. An abbreviation for house of com- for contempt to take his trial for perjury in
mons, or for Jiabeas corpus. another county. 1 Tyrw. 185.
H. L. An abbreviation for house of lords. HABEAS CORPUS AD FACIENDUM
H. R. An abbreviation for house of rep- ET RECIPIENDUM. A writ issuing in
resentatives. civil cases, to remove the cause, as also the
body of the defendant, from an inferior court
H. T. An abbreviation for hoc titulo, to a superior court having jurisdiction, there
this title, under this title; used in references to be disposed of. It is also called "habeas
to books. corpus cum causa."
H. V. An abbreviation for hoc verbo or H A B E A S C O R P U S AD PROSE-
hoc voce, this word, under this word; used QUENDUM. A writ which issues when it
in references to dictionaries and other works is necessary to remove a prisoner in order to
alphabetically arranged. prosecute in the proper jurisdiction wherein
HABE, or HAVE. Lat. A form of the the fact was committed. 3 Bl. Comm. 130
salutatory expression "Ave," (hail,) in the
titles of the constitutions of the Theodosian HABEAS CORPUS AD RESPONDE-
and Justimanean Codes. Calvin.; Spelman. NUM. A writ which is usually employed in
civil cases to remove a person out of the cus-
HABEAS CORPORA JURATORUM. tody of one court into that of another, in or-
A writ commanding the sheriff to bring up der that he may be sued and answer the ac-
the persons of jurors, and, if need were, to tion in the latter. 2 Sell. Pr. 259; 2 Mod.
distiain them of their lands and goods, in 198; 3 Bl. Comm. 129; 1 Tidd, Pr. 300.
order to insure or coaipel their attendance in
HABEAS CORPUS AD SATISFACI-
court on the day of trial ot a cause. It issued
ENDUM. In English practice. A writ
from the Common Pleas, and served the same
which issues when a prisoner has had judg-
purpose as a distringas juratores in the
ment against him in an action, and the plain-
King's Bench. It was abolished by the C.
tiff is desirous to bting him up to some supe-
L. P. Act, 1852, 104. Brown.
rior court, to charge him with process of exe-
HABEAS CORPUS. (You have the cution. 3 Bl. Comm. 129, 130; 3 Steph.
body.) The name given to a variety of writs, Comm. 693; 1 Tidd, Pr.350.
(of which these were anciently the emphatic
HABEAS CORPUS AD SUBJICIEN-
words,) having for their object to bring a
DUM. In practice. A writ directed to the
party before a court or judge. In common
person detaining another, and commanding
usage, and whenever these words are used
him to produce the body of the prisoner, (or
alone, they are understood to mean the ha-
person detained,) with the day and cause of
beas corpus ad subjiciendum, (q. v.)
his caption and detention, ad faciendum,
HABEAS CORPUS ACT. The En- subjiciendum et recipiendum, to do, submit
glish statute of 31 Car. II. c. 2, is the origi- to, and receive whatsoever the judge or court
nal and prominent habeas corpus act. It awarding the writ shall consider in that be-
was amended and supplemented by St. 56 half. 3 Bl. Comm. 131; 3 Steph. Comm.
Geo. III. c. 100. And similar statutes have 695. This is the well-known remedy for de-
been enacted in all the United States. This liverance from illegal confinement, called by
HAUL. The use of this word, instead of H A W K E R . A trader who goes from
the statutory word "carry," in an indict- place to place, or along the streets of a town,
ment charging that the defendant "did felo- selling the goods which he carries with him.
niously steal, take, and haul away" certain It is perhaps not essential to the idea, but is gen-
personalty, will not render the indictment erally understood from the word, that a hawker is
bad, the words being in one sense equivalent. to be one who not only carries goods for sale, but
seeks for purchasers, either by outcry, which some
108 Ind. 171, 8 1ST. E. Eep. 911. lexicographers conceive as intimated by the der-
ivation of the word, or by attracting notice and
HAUB. In old English law. Hatred. attention to them, as goods for sale, by an actual
Leg. Win. I. c. 16; Blount. exhibition or exposure of them, by placards or la-
bels, or by a conventional signal, like the sound
HAUSTUS. Lat. In the civil law. A of a horn for the sale of fish. 12 Cush. 495.
species of servitude, consisting in the right
to draw water from another's well or spring, HAWKING. The business of one who
in which the iter, (right of way to the well sells or offers goods for sale on the streets,
or spring,) so far as it is necessary, is tacitly by outcry, or by attracting the attention of
included. Dig. 8, 3,1; Mackeld. Rom. Law, persons by exposing his goods in a public
318. place, or by placards, labels, or signals. 107
Ind. 505, 8 N. E. Eep. 609.
HAUT CHEMIN. L. Fr. Highway.
Yearb. M. 4 Hen. VI. 4. HAY-BOTE. Another name for " hedge-
bote," being one of the estovers allowed to a
HAUT ESTRET. L. Fr. High street;
tenant for life or years, namely, material for
highway. Yearb. P. 11 Hen. VI. 2.
repairing the necessary hedges or fences of
HAUTHONER. A man armed with a his grounds. 2Bl.Comm.35; lWashb. Real
coat of mail. Jacob. Prop. 129.
HAVE. Lat. A form of the saluta- HAYWARD. In old English law. An
tory expression uAve," used in the titles of officer appointed in the lord's court to keep a
some of the constitutions of the Theodosian common herd of cattle of a town; so called
and Justinianean codes. See Cod. 7, 62, 9; because he was to see that they did not break
Id. 9, 2, 11. or injure the hedges of inclosed grounds.
His duty was also to impound trespassing
HAVE. To possess corporally. "No cattle, and to guard against pound-breaches.
one, at common law, was said to have or to Kitch. 46; Co well.
be in possession of land, unless it were con-
veyed to him by the livery of seisin, which HAZARD. An unlawful game at dice,
gave him the corporal investiture and bodily and those who play at it are called "hazard-
occupation thereof." Bl. Law Tracts, 113. ors." Jacob.
HAVE AND HOLD. A common phrase HAZARDOUS. Exposed to or involv-
In conveyancing, derived from the habendum ing danger; perilous; risky.
et tenendum of the old common law. See The terms "hazardous," "extra-hazardous,"
HABENDUM ET TENENDUM. "specially hazardous," and "not hazardous"
are well-understood technical terms in the
HAVEN. A place of a large receipt and business of insurance, having distinct and
safe riding of ships, so situate and secured separate meanings. Although what goods
by the land circumjacent that the vessels are included in each designation may not be
thereby ride and anchor safely, and are pro- so known as to dispense with actual proof,
tected by the adjacent land from dangerous the terms themselves are distinct and known
or violent winds; as Milford Haven, Plym- to be so. 38 K. Y. 364; 47 N. Y. 597.
outh Haven, and the like. Hale de Jure
Mar. par. 2, c. 2. HAZARDOUS CONTRACT. A con-
HAW. A small parcel of land so called tract in which the performance of that which
in Kent; houses. Co. Litt. 5. is one of its objects depends on an uncertain
event. Civil Code La. art 1769. See 1 J.
H A W B E R K . He who held land in J. Marsh. 596.
France, by finding a coat or shirt of mail,
HE. The use of this pronoun in a writ-
with which he was to be ready when called
apon. Wharton. ten instrument, in referring to a person
whose Christian name is designated therein
HAWGH, HOWGH. In old English by a mere initial, is not conclusive that the
law. A valley. Co. Litt. 56. person referred to is a male; it may be shown
Home no sera puny pur suer des Justifiable homicide is such as is commit*
briefes en court le roy, soit il a droit ou ted intentionally, but without any evil design,
a tort. A man shall not be punished for and under such circumstances of necessity or
suing out wr'ts in the king's court, whether duty as render the act proper, and relieve the
he be right or wrong. 2 Inst. 228. party from any shadow of blame; as where a
sheriff lawfully executes a sentence of death
HOME OFFICE The department of upon a malefactor, or where the killing takes
itr,te through which the English sovereign place in tbe endeavor to prevent the commis-
administers most of the internal affairs of sion of a felony which could not be otherwise
the kmgdom, especially the police, and com- avoided.
municates with the judicial functionaries. Excusable homicide is such as is commit-
ted through misadventure or accident, with-
HOME PORT. A port in a state in out any willful or malicious intention; or by
which the owner of a vessel resides. necessity, in self-defense.
Felonious homicide (which maybe either
HOMESOKEN, HOMSOKEN. See murder or manslaughter) is that committed
HAMESOKEN. without justification or excuse in law, . .,
HOMESTAI.L. A mansion-house. with malice and intention, and under such
circumstances as to make it punishable.
HOMESTEAD. The home place; the
place where the home is. It is the home, HOMICIDE PER INFORTUNIUM.
the house and the adjoining land where In criminal law. Homicide by misfortune,
the head of the family dwells; the home or accidental homicide; as where a man do-
farm. 36 N. H. 166. ing a lawful act, without any intention ol
The fixed residence of the head of a family, hurt, unfortunately kills another; a species
with the land and buildings surrounding the of excusable homicide. 4 Bl. Comm. 182; 4
main house. Steph. Comm. 101.
space of ten days, to complain of the sen- baron or lord paramount. Also those dig-
tences of arbitrators, appointment of syndics, nities or privileges, degrees of nobility,
or assignees of insolvents, settlements of knighthood, and other titles, which flow from
accessions, etc. Also the approval given the crown as the fountain of honor. Whar-
by the judge of certain acts and agreements ton.
for the purpose of rendering them more bind- In American law. The customary title
ing and executory. Escriche. of courtesy given to judges of the higher
HOMOLOGARE. In the civil law. To courts, and occasionally to some other officers;
confirm or approve; to consent or assent; to as "his honor," "your honor."
confess. Calvin. H O N O R COURTS. Tribunals held
HOMOLOGATE. In modern civil law. within honors or seigniories.
To approve; to confirm; as a court homolo- HONORABLE. A title of courtesy giv-
gates a proceeding. See HOMOLOGATION. en in England to the younger children of
Literally, to use the same words with an- earls, and the children of viscounts and bar
other; to say the like. 9 Mart. (La.) 324. ons; and, collectively, to the house of com-
To assent to what another says or writes.
mons. In America, the word is used as a
HOMOLOGATION. In the civil law. title of courtesy for various classes of offi-
Approbation; confirmation by a court of cials, but without any clear lines of distinc-
justice; a judgment which orders the execu- tion.
tion of some act. Merl. Re'pert. The term HONORARIUM. In the civil law. An
is also used in Louisiana. honorary or free gift; a gratuitous payment,
In English, law. An estoppel in pais. as distinguished from hire or compensation
L. B. 3 App. Cas. 1026. for service; a lawyer's or counsellor's fee.
In Scotch law. An act by which a per- Dig. 50, 13, 1, 10-12.
son approves of a deed, the effect of which An honorarium is a voluntary donation, in con-
is to render that deed, though in itself defect- sideration of services which admit of no compen-
ive, binding upon the person by whom it is sation in money; in particular, to advocates at law,
deemed to practice for honor or influence, and not
homologated. Bell. Confirmation of a void- for fees. 14 Ga. 89.
able deed.
HONORARIUM JUS. In Roman law.
HOMONYML2E. A term applied in the The law of the praetors and the edicts of the
civil law to cases where a law was repeated, sediles.
or laid down in the same terms or to the
same effect, more than once. Cases of iter- HONORARY CANONS. Those with-
ation and repetition. 2 Kent, Comm. 489, out emolument. 3 & 4 Viet c. 113, 23.
note. HONORARY FEUDS. Titles of nobil.
HONDHABEND. 8ax. Having in ity, descendible to the eldest son, in exclusion
hand. See HANDHABEND. of all the rest. 2 Bl. Comm. 56.
HONESTE VIVERE. Lat. To live HONORARY SERVICES. In feudal
honorably, creditably, or virtuously. One of law. Special services to be rendered to the
the three general precepts to which Justinian king in person, characteristic of the tenure
reduced the whole doctrine of the law, (Inst. by grand serjeanty; such as to carry his ban-
1, 1, 3; Bract, fols. 3, 8b,) the others being ner, his sword, or the like, or to be his but-
alterum non Icedere, (not to injure others,) ler, champion, or other officer, at his corona-
and suum cuique tribuere, (to render to every tion. Litt. 153; 2 Bl. Comm. 73.
man his due.)
HONORARY TRUSTEES. Trustees
H O N E S T U S . Of good character or to preserve contingent remainders, so called
standing. Coram duobus vel plunbus viris because they are bound, in honor only, to de-
Ugalibus et honestis, before two or more cide on the most proper and prudential course.
lawful and good men. Bract, fol. 61. Lewin, Trusts, 408.
HONOR, . To accept a bill of exchange, HONORIS RESFECTUM. By reasoa
M: to pay a note, check, or accepted bill, at of honor or privilege. See CHALLENGE.
naturity and according to its tenor.
HONTFONGENETHEF. In Saxon
HONOR, n. In English law. A seign- law. A thief taken with hondhdbend; i. e.,
iory of several manors held under one having the thing stolen in his hand. Cowell.
HORDA. In old records. A cow in calf. HORS DE SON FEE. L. Fr. Out of
his fee. In old pleading, this was the name
HORDERA. A treasurer. Du Cange. of a plea in an action for rent or services, by
which the defendant alleged that the land in
HORDERIUM. In old English law. A question was out of the compass of the plain-
hoard; a treasure, or repository. Cowell. tiff's fee.
HORDEITM. In old records. Barley. H O R S PRIS. L. Fr. Except. Liter-
Hordeum palmale, beer barley, as distin- ally translated by the Scotch "out taken."
guished from common barley, which was
called " hordeum quadt agesimale.n Blou nt. HORS WEALH. In old English law.
The wealh, or Briton who had care of the
HORN. In old Scotch practice. A kind king's horses.
of trumpet used in denouncing contumacious
persons rebels and outlaws, which was done HORS WEARD. In old English law.
with three blasts of the horn by the king's A service or corvie, consisting in watching
sergeant. This was called "putting to the the horses of the lord. Anc. Inst. Eng.
horn;" and the party so denounced was said HORSE. Until a horse has attained the
to be "at the horn." Bell. age of four years, he is called a colt. 1 Buss.
HORN-BOOK. A primer; a book ex- & R. 416.
plaining the rudiments of any science or sense, The word "horse" is used in quasi generic
to include every description of the male, in
branch of knowledge. The phrase "horn- contradistinction to the female or mare, whether
book law" is a colloquial designation of the stallion or gelding. 88 Tex. 555.
rudiments or most familiar principles of law.
HORSE GUARDS. The directing pow-
HORN TENURE. In old English law. er of the military forces of the kingdom of
Tenure by cornage; that is, by the service of Great Britain. The commander in chief, or
winding a horn when the Scots or other ene- general commanding the forces, is at the head
mies entered the land, in order to warn the of this department. It is subordinate to the
I. The initial letter of the word "Insti- ID EST. Lat. That is. Commonly ab-
tuta," used by some civilians in citing the breviated "f. e."
Institutes of Justinian. Tayl. Civil Law,
Id perfectum est quod ex omnibus
24. suis partibus constat. That is perfect
ICTUS. An abbreviation for "juris- which consists of all its parts. 9 Coke, 9.
consultus," one learned in the law; a juris-
Id possumus quod de jure possumus.
consult.
Lane, 116. We may do only that which by
I. E. An abbreviation for "id est,'1 that law we are allowed to do.
Is; that is to say.
Id quod est magis remotum, non tra-
I O U. A memorandum of debt, con- hit ad se quod est magis junctum, sed
sisting of these letters, ("I owe you,") a sum e contrario in omni casu. That which is
of money, and the debtor's signature, is more remote does not draw to itself that
termed an "I O U." which is nearer, but the contrary in every
IBERNAGIUM. The season for sow- case. Co. Litt. 164.
ing winter corn. Id quod nostrum est sine facto nos-
Ibi semper debet fieri triatio ubi jura- tro ad alium transferri non potest. That
tores meliorem possunt habere notitiam. which is ours cannot be transferred to an-
7 Coke, 16. A trial should always be had other without our act. Dig. 50, 17, 11.
where the jurors can be the best informed. Id solum nostrum quod debitis de-
IBIDEM. Lat. In the same place; in ductis nostrum est. That only is ours
the same book; on the same page, etc. Ab- which remains to us after deduction of debts.
breviated to "ibid." or "ib." Tray. Lat. Max. 227.
ICENI. The ancient name for the peo- IDEM. Lat. The same. According to
ple of Suffolk, Norfolk, Cambridgeshire, and Lord Coke, "idem" has two significations,
Huntingdonshire, in England. sc, idem syllabis seu verbis, (the same in
syllables or words,) and idem re et sensu, (the
ICONA. An image, figure, or represen- same in substance and in sense.) 10 Coke,
tation of a thing. Du Cange. 124a.
ICTUS. In old English law. A stroke In old practice. The said, or aforesaid;
or blow from a club or stone; a bruise, con- said, aforesaid. Distinguished from "prce-
tusion, or swelling produced by a blow from dictus" in old entries, though having the
a club or stone, as distinguished from same general signification. Townsh. Fl. 15,
"plaga," (a wound.) Fleta, lib. 1, c. 41, 16.
3.
Idem agens et patiens esse non po-
ICTUS ORBIS. In medical jurispru- test. Jenk. Cent. 40. The same person can-
dence. A maim, a bruise, or swelling; any not be both agent and patient; i. e., the doer
burt without cutting the skin. and person to whom the thing is done.
When the skin is cut, the injury is called
a "wound." Bract, lib. 2, tr. 2, cc. 5, 24. Idem est faeere, et non prohibere cum
possis; et qui non prohibit, cum pro-
Id certum est quod certum reddi po- hibere possit, in culpa est, (aut jubet.)
test. That is certain which can be made 3 Inst. 158. To commit, and not to prohibit
certain. 2 Bl. Comm. 143; 1 Bl. Comm. 78; when in your power, is the same thing; and
4 Kent, Comm. 462; Broom, Max. 624. he who does not prohibit when be can pro-
hibit is in fault, or does the same as ordering
Id certum est quod certum reddi po- it to be done.
test, sed id magis certum est quod de
semetipso est certum. That is certain Idem est nihil dicere, et insufflcienter
which can be made certain, but that is more dicere. It is the same thing to say noth-
certain which is ceitain of itself. 9 Coke, ing, and to say a thing insufficiently. 2 Inst.
47a. 178. To say a thing in an insufficient man-
232. And, if the man were found an idiot, facts constituting or relating to the subject-
the profits of his lands and the custody of his matter in hand.
person might be granted by the king to any Ignorance is not a state of the mind in the sense
subject who had interest enough to obtain in which sanity and insanity are. When the mind
them. 1 Bl. Coimu. 303. is ignorant of a fact, its condition still remains
sound; the power of thinking, of judging, of will-
I D O N E U M S E F A C E R E ; IDO- ing, is just as complete before communication of
the fact as after; the essence or texture, so to
NEARE SE. To purge one's self by oath speak, of the mind, is not, as in the case of insan-
of a crime of which one is accused. ity, affected or impaired. Ignorance of a particu-
lar fact consists in this: that the mind, although
IDONETJS. Lat. In the civil and com- sound and capable of healthy action, has never
mon law. Sufficient; competent; fit or prop- acted upon the fact in question, because the sub-
er; responsible; unimpeachable. Idoneus ject has never been brought to the notice of the
perceptive faculties. 28 N. J. Law, 274.
homo, a responsible or solvent person; a good
and lawful man. Sufficient; adequate; sat- "Ignorance" and "error" are not converV
isfactory. Idonea cautio, sufficient security. ible terms. The former is a lack of informa-
tion or absence of knowledge; the latter, a
IDONIETAS. In old English law. Abil- misapprehension or confusion of information,
ity or fitness, (of a parson.) Artie. Cleri, or a mistaken supposition of the possession
e. 13. of knowledge. Error as to a fact may im-
ply ignorance of the truth; but ignorance
I F . In deeds and wills, this word, as a does not necessarily imply error.
rule, implies a condition precedent, unless it
Essential ignorance is ignorance in relation to
be controlled by other words. 2 Crabb, Real some essential circumstance so intimately con-
Prop. p. 809, 2152; 77 N. C. 431. nected with the matter in question, and which M
influences the parties, that it induces them to act
IFUNGIA. The finest white bread, for- in the business. Poth. Vente, nn. 8, 4; 2 Kent,
merly called "cocked bread." Blount. Comm. 367.
Non-essential or accidental ignorance is that
IGLISE. L. Fr. A church. Kelham. which has not of itself any necessary connection
Another form of "eglise." with the business in question, and which is not
the true consideration for entering into the con-
IGNIS JUDICIUM. The old judicial tract.
Involuntary ignorance i that which does not
trial by fire. Blount. proceed from choice, and which cannot be over-
come by the use of any means of knowledge known
IGNITEGIUM. In old English law. to a person and within his power; as the igno-
The curfew, or evening bell. Cowell. See rance of a law which has not yet been promulgated.
CURFEW. Voluntary ignorance exists when a party might,
by taking reasonable pains, have acquired the
IGNOMINY. Public disgrace; infamy; necessary knowledge. For example, every man
reproach; dishonor. Ignominy is the oppo- might acquire a knowledge of the laws which have
been promulgated. Doct. & Stud. 1, 46; Flowd.
site of esteem. Wolff, 145. See 38 Iowa, 343.
220.
IGNORANTIA. Ignorance; want of
IGNORAMUS. Lat. u We are ignorant;" knowledge. Distinguished from mistake,
"We ignore it." Formerly the grand jury (error,) or wrong conception. Mackeld,
vsed to write this word on bills of indictment Rom. Law, 178; Dig. 22, 6. Divided
when, after having heard the evidence, they by Lord Coke into ignorantia facti (igno-
thought the accusation against the prisoner rance of fact) and ignorantia Juris, (ig-
was groundless, intimating that, though the norance of law.) And the former, he adds*
facts might possibly be true, the truth did is twofold,lectionis et lingua, (ignorance
not appear to them; but now they usually of reading and ignorance of language.) 2
write in English the words " Not a true bill," Coke, 36.
or "Not found, "if that is their verdict; but
they are still said to ignore the bill. Brown. Ignorantia eorum qnre quis sclre ten-
etur non exeusat. Ignorance of those
IGNORANCE. The want or absence of things which one is bound to know excuses
knowledge. not. Hale, P. C. 42; Broom, Max. 267.
Ignorance of law Is want of knowledge or
acquaintance with the laws of the land in so Ignorantia f a c t i exeusat. Ignorance
far as they apply to the act, relation, duty, or of fact excuses or is a ground of relief. 2
matter under consideration. Ignorance of Coke, 36. Acts done and contracts made
fact is want of knowledge of some fact or under mistake or ignorance of a material fact
quired by the law excuses from the perform- stituted authorities, giving permission to
ance. print and publish a book. This allowance
was formerly necessary, in England, before
IMPOTENTIAM, PROPERTY
any book could lawfully be printed, and in
PROPTER. A qualified property, which
some other countries is still required.
may subsist in animals fertt naturce on ac-
count of their inability, as where hawks, IMPRIMERE. To press upon; to Im-
herons, or other birds build in a person's press or press; to imprint or print.
trees, or conies, etc., make their nests or bur- IMPRIMERY. In some of the ancient
rows in a person's land, and have young English statutes this word is used to signify
there, such person has a qualified property a printing-office, the art of printing, a print
in them till they can fly or run away, and or impression.
then such property expires. 2 Steph. Gomm.
(7th Ed.) 8. IMPRIMIS. Lat. In the first place; first
of all.
IMPOUND. To shut up stray animals
IMPRISON. To put in a prison; to put
or distrained goods in a pound.
in a place of confinement.
To take into the custody of the law or of a
To confine a person, or restrain his liberty,
court. Thus, a court will sometimes im-
in any way.
pound a suspicious document produced at a
trial. IMPRISONMENT. The act of putting
or confining a man in prison; the restraint
IMPRESCRIPTIBILITY. The state
of a man's personal liberty; coercion exer-
or quality of being incapable of presciiption;
cised upon a person to prevent the free exer-
not of such a character that a right to it can
cise of his powers of locomotion.
be gained by prescription.
It is not a necessary part of the definition
I M P R E S C R I P T I B L E RIGHTS. that the confinement should be in a place
Such rights as a person may use or not, at usually appropriated to that purpose; it may
pleasure, since they cannot be lost to him by be in a locality used only for the specific oc-
the claims of another founded on prescrip- casion; or it may take place without the actu-
tion. al application of any physical agencies of re-
straint, (such as locks or bars,) but by verbal
IMPRESSION. A "case of the first im- compulsion and the display of available force.
pression" is one without a precedent; one See 9 N. H. 491.
presenting a wholly new state of facts; one
involving a question never before deter- Any forcible detention of a man's person, or
control over his movements, is imprisonment. 8
mined. Har. (Del.) 416.
IMPRESSMENT. A power possessed IMPRISTI. Adherents; followers. Those
by the English crown of taking persons or who side with or take the part of another,
property to aid in the defense of the country, either in his defense or otherwise.
with or without the consent of the persons
IMPROBATION. In Scotch law. An
concerned. It is usually exercised to obtain
action brought for the purpose of having
hands for the queen's ships in time of war,
some instrument declared false and forged.
by taking seamen eng.iged in meichant ves-
1 Forb. Inst. pt. 4, p. 161. The verb "im-
sels, (1 Bl. Comm. 420; Maud & P. Shipp.
prove" (q. v.) was used in the same sense.
123;) but in former times impressment of
merchant ships was also practiced. The ad- IMPROPER. Not suitable; unfit; not
miralty issues protections against impress- suited to the character, time, and place. 48
ment in certain cases, either under statutes N. H. 199. Wrongful. 53 Law J. P. D. 65.
passed in favor of certain callings (e. g., per-
IMPROPER FEUDS. These were de-
sons employed in the Greenland fisheries) or
rivative feuds; as, for instance, those that
voluntarily. Sweet.
were originally bartered and sold to the feud-
IMPREST MONEY. Money paid on atory for a price, or were held upon base or
enlisting or impressing soldiers or sailors. less honorable services, or upon a rent in lieo
of military service, or were themselves alien-
IMPRETIABIIiIS. Lat. Beyond price; able, without mutual license, or descended
invaluable. indifferently to males or females. Wharton.
IMPRIMATUR. Lat. Let it be printed. IMPROPER NAVIGATION. Any-
A license or allowance, granted by the con- thing improperly done with the ship or part
to, or is connected with, or inherent in, an- INCLOSE. To shut up. "To inclose a
other thing, called the "principal." In this jury," in Scotch practice, is to shut them up
sense a court-baron is incident to a manor. in a room by themselves. Bell.
Also, less strictly, it denotes anything which INCLOSED LANDS. Lands which are
is usually connected with another, or con- actually inclosed and surrounded with
nected for some purposes, though not insep- fences. 7 Mees. & W. 441.
arably. Thus, the right of alienation is inci-
dent to an estate in fee-simple, though sepa- INCLOSURE. In English law. Inclos-
rable in equity. ure is the act of freeing land from rights of
common, commonable rights, and generally
INCIDERE. Lat. In the civil and old all rights which obstruct cultivation and the
English law. To fall into. Calvin. productive employment of labor on the soil.
To fall out; to happen; to come to pass. Also, an artificial fence around one's es-
Calvin. tate. 39Vt.34,326;36Wis. 42. See CLOSB.
To fall upon or under; to become subject
Inclusio unius est exclusio alterius.
or liable to. Incidere in legem, to incur the The inclusion of one is the exclusion of an-
penalty of a law. Brissonius. other. The certain designation of one per-
INCILE. Lat. In the civil law. A son is an absolute exclusion of all others. 11
trench. A place sunk by the side of a stream, Coke, 586.
so called because it is cut (incidatur) into or INCLUSIVE. Embraced; comprehend-
through the stone or earth. Dig. 43, 21, 1, ed; comprehending the stated limits or ex-
5. The term seems to have included ditches tremes. Opposed to "exclusive."
(fossce) and wells, (putei.)
I N C O L A . Lat. In the civil law. An
INCIPITUR. Lat. It is begun; it be- inhabitant; a dweller or resident. Properly,
gins. In old practice, when the pleadings one who has transferred his domicile to any
in an action at law, instead of being recited country.
at large on the issue-roll, were set out merely Incolas domicilium facit. Residence
Hy their commencements, this was described creates domicile. 1 Johns. Cas. 363, 366.
s entering the incipitur; i. ., the begin-
ing. INCOME. The return in money from
one's business, labor, or capital invested;
INCISED WOUND. In medical juris- gains, profit, or private revenue.
prudence. A cut or incision on a human "Income" means that which comes in or is re-
body; a wound made by a cutting instru- ceived from any business or investment of capital,
ment, such as a razor. Burrill, Circ. Ev. without reference to the outgoing expenditures;
693; Whart. & S. Med. Jur. 808. while "profits" generally means the gain which is
made upon any business or investment when both
receipts and payments are taken into account. " In-
INCIVILE. Irregular; improper; out of come, " when applied to the affairs of individuals,
the due course of law. expresses the same idea that "revenue"does when
applied to the affairs of a state or nation. 4 THilt
IncivUe est, nisi tota lege perspecta, 20; 7 Hill, 504.
ana aliqua particula ejus proposita, ju-
INCOME TAX. A tax on the yearly
dicare, vel respondere. It is improper,
without looking at the whole of a law, to profits arising from property, professions,
give judgment or advice, upon a view of any trades, and offices. 2 Steph. Comm. 573.
one clause of it. Dig. 1, 3, 24. Incommodum non solvit argumentum.
An inconvenience does not destroy an argu-
Inoivile est, nisi tota sententia in- ment.
spects, de aliqua parte judicare. It is
irregular, or legally improper, to pass an INCOMMUNICATION. In Spanish
opinion npon any part of a sentence, with- law. The condition of a prisoner who is not
out examining the whole. Hob. 171a. permitted to see or to speak with any person
visiting him during his confinement. A per-
INCIVISM. Unfriendliness to the state son accused cannot be subjected to this treat-
or government of which one is a citizen. ment unless it be expressly ordered by the
judge, for some grave offense, and it cannot
INCLAUSA. In old records. A home be continued for a longer period than is ab-
close or inclosure near the house. Faroch. solutely necessary. This precaution is re-
Antiq. 31; CowelL sorted to for the purpose of preventing the
eral welfare that a period be put to litigation. were called "interlaqueata" where several
Broom, Max. 331, 343. were issued against several parties residing
in different counties, each party being sum-
INTEREST SUIT- In English law. moned by a separate writ to warrant the ten-
An action in the probate branch of the high ant, together with the other warrantors.
court of justice, in which the question in Fleta, lib. 5, c 4, 2.
dispute is as to which party is entitled to a
grant of letters of administration of the es- INTERLINEATION. The act of writ-
tate of a deceased person. Wharton. ing between the lines of an instrument; also
what is written between lines.
INTEREST UPON INTEREST.
Compound interest, (q. v.) INTERLOCUTOR. In Scotch practice.
An order or decree of court; an order made
INTERFERENCE. In patent law, this in open court. 2 Swint. 362; Arkley, 32.
term designates a collision between rights
claimed or granted; that is, where a person INTERLOCUTOR OF RELEVANCY.
claims a patent for the whole or any integral In Scotch practice. A decree as to the rele-
part of the ground already covered by an ex- vancy of a libel or indictment in a criminal
isting patent or by a pending application. case. 2 Alis. Crim. Pr. 373.
INTERLOCUTORY. Provisional; tem-
INTERIM. In the mean time; mean-
porary; not final. Something intervening
while. An assignee ad interim is one ap-
between the commencement and the end of a
pointed between the time of bankruptcy and
suit which decides some point or matter, but
appointment of the regular assignee. 2 Bell,
is not a final decision of the whole contro-
Comm. 355.
versy.
I N T E B I M COMMITTITUR. Lat.
INTERLOCUTORY COSTS. In prac
"In the mean time, let him be committed."
tice. Costs accruing upon proceedings in
An order of court (or the docket-entry not-
the intermediate stages of a cause, as distin-
ing it) by which a prisoner is committed to
guished from final costs; such as the costs of
prison and directed to be kept there until
motions. 3 Chit. Gen. Pr. 597.
some further action can be taken, or until
the time arrives for the execution of his sen- INTERLOCUTORY DECREE. In eq-
tence. uity practice. A provisional or preliminary
decree, which is not final and does not de-
INTERIM CURATOR. A person ap-
termine the suit, but directs some further
pointed by justices of the peace to take care
proceedings preparatory to the final decree.
of the property of a felon convict, until the
A decree pi onounced for the purpose of ascer-
appointment by the ciown of an administra-
taining matter of law or fact preparatory to
tor or administrators for the same purpose.
a final decree. 1 Barb. Ch. Pr. 326, 327.
Mozley & Whitley.
INTERIM FACTOR. In Scotch law. INTERLOCUTORY JUDGMENT. A
A judicial officer elected or appointed under judgment which is not final is called "inter-
the bankruptcy law to take charge of and pre- locutory;" that is, an interlocutory judgment
serve the estate until a fit peison shall be is one which determines some preliminary or
elected trustee. 2 Bell, Comm. 357. subordinate point or plea, or settles some
step, question, or default arising in the prog-
INTERIM OFFICER. One appointed ress of the cause, but does not adjudicate
to fill the office during a tempoiary vacancy, the ultimate rights of the parties, or finally
or during an interval caused by the absence put the case out of court. Thus, a judgment
or incapacity of the regular incumbent. or order passed upon any provisional or ac-
cessory claim or contention is, in general,
INTERIM ORDER. One made in the
merely interlocutory, although it may finally
mean time, and until something is done.
dispose of that particular matter. 1 Black,
INTERIM RECEIPT. A receipt for Judgm. 21.
money paid by way of premium for a con-
tract of insurance for which application is INTERLOCUTORY ORDER. "An or-
made. If the risk is rejected, the money is der which decides not the cause, but only
refunded, less the pro rata premium. settles some intervening matter relating to
it; as when an order is made, on a motion in
INTERLAQUEARE. In old practice. chancery, for the plaintiff to have an injunc-
To link together, or interchangeably. Writs tion to quiet his possession till the hearing of
or process; one who invents a patentable con- INVITO DEBITORE. Against the wffl
trivance. of the debtor.
INVENTORY. A detailed list of articles INVITO DOMINO. The owner being
of property; a list or schedule of property, unwilling; against the will of the owner;
containing a designation or description of each without the owner's consent. In order to
specific article; an itemized list of the various constitute larceny, the property must be tak-
articles constituting a collection, estate, stock en invito domino.
in trade, etc., with their estimated or actual
INVOICE. In commercial law. An ao
values. In law, the term is particularly ap-
count of goods or merchandise sent by mer-
plied to such a list made by an executor, ad-
chants to their correspondents at home or
ministrator, or assignee in bankruptcy.
abroad, in which the marks of each package,
INVENTUS. Lat. Found. Thesaurus with other particulars, are set forth. Marsh.
inventus, treasure-trove. Non est inventus, Ins. 408; Dane, Abr. Index.
[he] is not found. A list or account of goods or merchandise
sent or shipped by a merchant to his corre-
INVERITARE. To make proof of a spondent, factor, or consignee, containing the
thing. Jacob. particular marks of each description of goods,
INVEST. To loan money upon securi- the value, charges, and other particulars.
ties of a more or less permanent nature, or to Jac. Sea Laws, 302.
place it in business ventures or real estate, A writing made on behalf of an importer,
or otherwise lay it out, so that it may produce specifying the merchandise imported, and its
a revenue or income. true cost or value. And. Rev. Law, 294.
To clothe one with the possession of a fief INVOICE BOOK. A book in which in-
or benefice. See INVESTITURE. voices are copied.
INVESTITIVE FACT. The fact by INVOICE PRICE of goods means the
means of which aright comes into existence; prime cost. 7 Johns. 343.
e.g., a, grant of a monopoly, the death of one's
ancestor. Holl. Jur. 132. INVOLUNTARY. An involuntary act
is that which is performed with constraint
INVESTITURE. A ceremony which (q. v.) or with repugnance, or without the
accompanied the grant of lands in the feudal will to do it. An action is involuntary, then,
ages, and consisted in the open and notorious which is performed under duress. Wolff.
delivery of possession in the presence of the Inst. Nat. 5.
other vassals, which perpetuated among them
the cera of their new acquisition at the time I N V O L U N T A R Y MANSLAUGH-
when the art of writing was very little known; TER. The unintentional killing of a person
and thus the evidence of the property was by one engaged in an unlawful, but not fe-
reposed in the memory of the neighborhood, lonious, act. 4 Steph. Comm. 52.
who, in case of disputed title, were after- IOTA. The minutest quantity possible.
wards called upon to decide upon it. Brown. Iota is the smallest Greek letter. The word
In ecclesiastical law. Investiture is one "jot" is derived therefrom.
of the formalities by which the election of a Ipsae leges cupiunt ut jure regantur.
bishop is confirmed by the archbishop. See Co. Litt. 174. The laws themselves require
Phillim. Ecc. Law, 42, et seq. that they should be governed by right.
INVESTMENT. Money invested. IFSE. Lat. He himself; the same; the
INVIOLABILITY. The attribute of very person.
being secured against violation. The persons IFSE DIXIT. He himself said it; a bare
of ambassadors are inviolable. assertion resting on the authority of an in-
INVITO. Lat. Being unwilling. dividual.
Against or without the assent or consent. IPSISSIMIS VERBIS. In the identical
Invito beneficium non datur. A ben- words; opposed to "substantially." 7How.
efit is not conferred on one who is unwilling 719; 5 Ohio St. 346.
to receive it; that is to say, no one can be IPSO FACTO. By the fact itself; by the
compelled to accept a benefit. Dig. 50, 17, mere fact. By the mere effect of an act or a
69; Broom, Max. 699, note. fact.
J.
J. The initial letter of the words "Judge" JACTITATION OF MARRIAGE. In
and "justice," for which it frequently stands English ecclesiastical law. The boasting or
as an abbreviation. Thus, " J . A.," judge giving out by a party that he or she is married
advocate; " J . J., w junior judge; "L. J.," to some other, whereby a common reputation
law judge; "P. J.,w president judge; " F . J.," of their matrimony may ensue. To defeat
first judge; "A. J.," associate judge; "C. that result, the person may be put to a proof
J.," chief justice or judge; "J. P.," justice of the actual marriage, failing which proof,
of the peace; " J J . , " judges or justices; " J . he or she is put to silence about it. 3 Bl.
C. P.," justice of the common pleas; "J. K. Comm. 93.
B.," justice of the king's bench; " J . Q. B.,"
justice of the queen's bench; " J . U. B., w JACTITATION OF T I T H E S is the
justice of the upper bench. boasting by a man that he is entitled to cer-
tain tithes to which he has legally no title.
This letter is sometimes used for "I,**
as the initial letter of " Institutions," in J A C T I V T J S . Lost by default; tossed
references to the Institutes of Justinian. away. Cowell.
JAC. An abbreviation for "Jacobus," the JACTURA. In the civil law. A throw-
Latin form of the name James; used princi- ing of goods overboard in a storm; jettison.
pally in citing statutes enacted in the reigns Loss from such a cause. Calvin.
of the English kings of that name; e. g.t
JACTUS. A throwing goods overboard
"St. 1 Jac. 11." Used also in citing the sec-
to lighten or save the vessel, in which case
ond part of Croke's reports; thus, "Cro. Jac." the goods so sacrificed are a proper subject
denotes "Croke's reports of cases in the time for general average. Dig. 14, 2, "de lege
of James I." Rhodia de Jactu."
JACENS. Lat. Lying in abeyance.
J A C T U S LAPILLI. The throwing
JACENS H ^ R E D I T A S - An inherit- down of a stone. One of the modes, under
ance in abeyance. See ELEREDITAS JACENS. the civil law, of interrupting prescription.
JACET I N ORE. In old English law. Where one person was building on another's
It lies in the mouth. Fleta, lib. 5, c. 5, ground, and in this way acquiring a right by
49. usucapio, the true owner challenged the in-
trusion and interrupted the prescriptive right
JACK. A kind of defensive coat-armor by throwing down one of the stones of the
worn by horsemen in war; not made of solid building before witnesses called for the
iron, but of many plates fastened together. purpose. Tray. Lat. Max.
Some tenants were bound by their tenure to
find it upon invasion. Cow ell. JAIL. A gaol; a prison; a building des-
ignated by law, or regularly used, for the
JACOBUS. A gold coin worth 24s., so confinement of persons held in lawful cus-
called from James I., who was king when it tody. See GAOL.
was struck. Enc. Lond.
JAIL DELIVERY. See GAOL DELIV-
JACTITATION. A false boasting; a ERY.
false claim; assertions repeated to the preju-
dice of another's right. The species ot defa- J A I L LIBERTIES. See GAOL LIBER-
mation or disparagement of another's title to TIES.
real estate known at common law as "slan- JAILER. A keeper or warden of a pris-
der of title" comes under the head of jactita- on or jail.
tion, and in some jurisdictions (as in Louis-
iana) a remedy for this injury is provided un- JAMBEAUX. Leg-armor. Blount.
der the name of an "action of jactitation." J A M M A , JUMMA. In Hindu law.
Total amount; collection; assembly. The
JACTITATION OP A EIGHT TO A
CHURCH SITTING appears to be the total of a territorial assignment.
boasting by a man that he has a right or title JAMMABUNDY, JUMMABUNDY.
to a pew or sitting in a church to which he In Hindu law. A written schedule of the
has legally no title. whole of an assessment.
K.
K. B . An abbreviation for " K i n g ' s K ABB ATA. In old records. A cart-load.
Bench," (q. .) Co well; Blount.
KABANI. A person who, in oriental KAST. In Swedish law. Jettison; a
Btates, supplies the place of our notary public. literal translation of the Latin "jactus."
All obligations, to be valid, are drawn by KAST-GELD. In Swedish law. Con
him; and he is also the public weigh-master, tribution for a jettison; average.
and everything of consequence ought to be
weighed before him. Enc. Lond. KAY. A quay, or key.
KABOOLEAT. In Hindu law. A writ- KAZY. A Mohammedan judge or magis-
trate in the East Indies, appointed originally
ten agreement, especially one signifying as-
by the court at Delhi, to administer justice
sent, as the counterpart of a revenue lease, or
according to their written law. Under the
the document in which a payer of revenue,
British authorities their judicial functions
whether to the government, the zamindar, or
ceased, and their duties were confined to the
the farmer, expresses his consent to pay the
preparation and attestation of deeds, and the
amount assessed upon his land. Wils. Ind.
superintendence and legalization of marriage
Gloss. and other ceremonies among the Mohamme-
KAIA. A key, kay, or quay. Spelman. dans. Wharton.
KAIAGE, or KAIAGIUM. A wharf- KEELAGE. The right to demand money
age-due. for the privilege of anchoring a vessel in a
harbor; also the money so paid.
KAIN. In Scotch law. Poultry render-
able by a vassal to his superior, reserved in KEELHALE, KEELHAUL. To drag a
the lease as the whole or a part of the rent. person under the keel of a ship by means of
Bell. ropes from the yard-arms, a punishment for-
merly practiced in the British navy. Enc.
KALALCONNA. A duty paid by shop- Lond.
keepers in Hindostan, who retail spirituous
KEELS. This word is applied, in Eng-
liquors; also the place where spirituous liq-
land, to vessels employed in the carriage of
uors are sold. Wharton.
coals. Jacob.
K A L E N D S . In English ecclesiastical KEEP. A strong tower or hold in the
law. Rural chapters, or conventions of the middle of any castle or fortification, wherein
rural deans and parochial clergy, which were the besieged make their last efforts of de-
formerly held on the calends of every month; fense, was formerly, in England, called a
hence the name. Paroch. Antiq. 604. "keep;" and the inner pile within the castle
KALENDAB. An account of time, ex- of Dover, erected by King Henry II. about
hibiting the days of the week and month, the the year 1153, was termed the "King's Keep;"
seasons, etc. More commonly spelled "cal- so at Windsor, etc. It seems to be some-
endar." thing of the same nature with what is called
abroad a "citadel." Jacob.
KALENDARIUM. In the civil law. A
calendar; a book of accounts, memorandum- KEEP DOWN INTEREST. The ex-
book, or debt-book; a book in which accounts pression "keeping down interest" is familiar
were kept of moneys loaned out on interest. in legal instruments, and means the payment
Dig. 32, 64. So called because the Romans of interest periodically as it becomes due; but
used to let out their money and receive the it does not include the payment of all arrears
interest on the calends of each month. Cal- of interest which may have become due on
vin. any security from the time when it was exe-
cuted. 4 El. & Bl. 211.
KALENDS. See CALENDS.
KEEP IN REPAIR. When a lessee it
KABL. In Saxon and old English law. bound to keep the premises in repair, he must
A man; a serving man. BusJcarl, a seaman. have them in repair at all times during the
Huskarl, a house servant. Spelman. term; and, if they are at any time out of re-
pair, he is guilty of a breach of the covenant. pose of being called to the bar. Mozley &
1 Barn. & Aid. 585. Whitley.
KEEPER OF THE FOREST. In old KEEPING THE PEACE. Avoiding a
English law. An officer (called also chief breach of the peace; dissuading or prevent-
warden of the forest) who bad the principal ing others from breaking the peace.
government of all things relating to the for- KENILWORTH EDICT. An edict or
est, and the control of all officers belonging award between Henry III. and those who
to the same. Cowell; Blount. had been in arms against him; so called be-
. K E E P E R OF THE GREAT SEAL. cause made at Kenilworth Castle, in War-
In English law. A high officer of state, wickshire, anno 51 Hen. III., A. D. 1266. It
through whose hands pass all charters, grants, contained a composition of those who had
and commissions of the king under the great forfeited their estates in that rebellion, which
seal. He is styled "lord keeper of the great composition was five years' rent of the es-
seal," and this office and that of lord chan- tates forfeited. Wharton.
cellor are united under one person; for the KENNING TO A TERCE. In Scotch
authority of the lord keeper and that of the law. The act of the sheriff in ascertaining
loid chancellor were, by St. 5 Eliz. c. 18, de- the just proportion of the husband's lands
clared to be exactly the same; and, like the which belong to the widow in right of her
lord chancellor, the lord keeper at the present terce or dower. Bell.
day is created by the mere delivery of the
king's great seal into his custody. Brown. KENTLAGE. In maritime law. A per-
manent ballast, consisting usually of pigs of
K E E P E R OF THE PRIVY SEAL. iron, cast in a particular form, or other
In English law. An officer through whose weighty material, which, on account of its
hands pass all charters signed by the king be- superior cleanliness, and the small space oc-
fore they come to the great seal. He is a cupied by it, is frequently preferred to ordi-
privy councillor, and was anciently called nary ballast. Abb. Shipp. 5.
"clerk of the privy seal," but is now gener-
ally called the "lord privy seal." Brown. KENTREF. The division of a county; a
hundred in Wales. See CANTRED.
K E E P E R OF THE TOUCH. The KENTUCKY RESOLUTIONS. A se-
master of the assay in the English mint. 12 ries of resolutions drawn up by Jefferson, and
Hen. VI. c. 14. adopted by the legislature of Kentucky in
KEEPING HOUSE. The English bank- 1799, protesting against the "alien and sedi-
rupt laws use the phrase "keeping house" to tion laws," declaring their illegality, an-
denote an act of bankruptcy. It is commit- nouncing the strict constructionist theory of
ted when a trader absents himself from bis the federal government, and declaring "nul-
place of business and retires to his private lification" to be "the rightful remedy."
residence to evade the importunity of credit- KERF. The jagged end of a stick of wood
ors. The usual evidence of "keeping house" made by the cutting. Pub. St. Mass. 1882,
is refusal to see a creditor who has called on p. 1292.
the debtor at his house for money. Robs.
Bankr. 119. KERHERE. A customary cart-way; also
a commutation for a customary carriage-duty.
KEEPING OPEN. To allow general Cowell.
access to one's shop, for purposes of traffic, KERNELLATUS. Fortified or embalm
is a violation of a statute forbidding him to tied. Co. Litt. 5a.
"keep open" his shop on the Lord's day, al-
though the outer entrances are closed. 11 KERNES. Idlers; vagabonds.
Gray, 308. KEY. A wharf for the lading and unlad-
To "keep open," in the sense of such a ing of merchandise from vessels. More com-
law, implies a readiness to carry on the usual monly spelled "quay,"
business in the store, shop, saloon, etc. 16 An instrument for fastening and opening
Mich. 472. a lock.
KEEPING TERM. In English law. A This appears as an English word as early asn the
duty performed by students of law, consist- time of Bracton, in the phrase "cone et keye, be-
ing applied to women at a certain age, to denote
ing in eating a sufficient number of dinners the capacity of having charge of household affairs.
in hall to make the term count for the pur- Bract. foL 86b. See CONB AJM> KEY.
L.
Ii. This letter, as a Roman numeral, will sooner suffer a mischief than an incon*
standa for the number "fifty." It is also venience. Litt. 231. It is holden for an
used as an abbreviation for "law," "liber," inconvenience that any of the maxims of the
(a book,) "lord," and some other words of law should be broken, though a private man
which it is the initial. suffer loss. Co. Litt. 1526.
L. 6. An abbreviation of "Long Quinto," LAAS. A net, gin, or snare.
one of the parts of the Tear Books. LABEL. Anything appended to a larger
L. C. An abbreviation which may stand writing, as a codicil; a narrow slip of paper
either for "Lord Chancellor," "Lower Cana- or parchment affixed to a deed or writ, in or-
da," or "Leading Cases." der to hold the appending seal.
Ii. J. An abbreviation for "Law Judge;" In the vernacular, the word denotes a
printed or written slip of paper affixed to a
also for "Law Journal."
manufactured article, giving information as
L. L. (also L. Lat.) and L. P. (also L. to its nature or quality, or the contents of a
Fr.) are used as abbreviations of the terms package, name of the maker, etc.
"Law Latin" and "Law French." A copy of a writ in the exchequer. 1
L. R. An abbreviation for "Law Re- Tidd, Pr. 156.
ports. " LABINA. In old records. Watery land.
L. S. An abbreviation for " Locus sigilli," LABOR. Work; toil; service. Contin-
the place of the seal, i. ., the place where a ued exertion, of the more onerous and infe-
seal is to be affixed, or a scroll which stands rior kind, usually and chiefly consisting in
instead of a seal. the protracted expenditure of muscular force,
LL. The reduplicated form of the abbre- adapted to the accomplishment of specific use-
viation "L," for "law," used as a plural. It ful ends. It is used in this sense in several
is generally used in citing old collections of legal phrases, such as "a count for work and
statute law; as "LL. Hen. I." labor," "wages of labor," etc.
"Labor," "business," and "work" are not syn-
LL.B., LL.M., and LL.D. Abbrevia- onyms. Labor may be business, but it is not
tions used to denote, respectively, the three necessarily so; and business is not always labor.
academic degrees in law,bachelor, master, Labor implies toil; exertion producing weariness;
manual exertion of a toilsome nature. Making an
and doctor of laws. agreement for the sale of a chattel is not within a
LA. Fr. The. The definite article in prohibition of common labor upon Sunday, though
it is (if by a merchant in his calling) within a pro-
the feminine gender. Occurs in some legal hibition upon business. 2 Ohio St. 887.
terms and phrases; as "Termes de la Ley,"
terms of the law. LABOR A JURY. In old practice. To
tamper with a jury; to endeavor to influence
LA. Fr. There. An adverb of time and them in their verdict, or their verdict gener-
place; whereas. ally.
LA CHAMBRE DES ESTEILLES. LABORARIIS. An ancient writ against
The star-chamber. persons who refused to serve and do labor,
La conscience est la plus changeante and who had no means of living; or against
des regies. Conscience is the most change- such as, having served in the winter, refused
able of rules. Bouv. Diet. to serve in the summer. Reg. Orig. 189.
La ley favour la vie d'un home. The LABORER. One who, as a means of
law favors the life of a man. Yearb. M. 10 livelihood, performs work and labor for those
Hen. VI. 51. who employ him. In English statutes, this
term is generally understood to designate a
La ley favour Penheritance d'un home. servant employed in husbandry or manufact-
The law favors the inheritance of a man. ures, and not dwelling in the home of hi
Yearb. M. 10 Hen. VI. 51. employer. Wharton; Mozley & Whitley.
La ley voct plus tost suffer un mis- A laborer, as the word is used in the Pennsylva-
cheife que un inconvenience. The law nia act of 1872, giving a certain preference of lien.
to nations. 1 Kent, Comm. 2, note; Id. 4, Wing. Max. p. 382, max. 101; Finch, Law.
note. See Jus NATURALE. b. 1, c. 3, no. 39.
We understand all laws to be either human or Law respecteth possibility of things.
divine, according as they have man or God for
their author; and divine laws are of two kinds, Wing. Max. p. 403, max. 104; Finch, Law,
that is to say: (1) Natural laws; (2) positive or b. 1, c. 3, no. 40.
revealed laws. A natural law is denned by Bur-
lam aqui to be "a rule which so necessarily agrees Law [the law] respecteth the bonds
with the nature and state of man that, without of nature. Wing. Max. p. 268, max. 78;
observing its maxims, the peace and happiness of Finch, Law, b. 1, c. 3, no. 29.
society can never be preserved." And he says
that these are called "natural laws" because a LAW SPIRITUAL. The ecclesiastical
knowledge of them may be attained merely by the law, or law Christian. Co. Litt. 344.
light of reason, from the fact of their essential
agreeableness with the constitution of human LAW TERMS. See TERMS.
nature; while, on the contrary, positive or re-
vealed laws are not founded upon the general con- LAW WORTHY. Being entitled to, or
stitution of human nature, but only upon the will haying the benefit and protection of, the law.
of God; though in other respects such law is es-
tablished upon very good reason, and procures the LAWFUL. Legal; warranted or author-
advantage of those to whom it is sent. The cere- ized by the law; having the qualifications
monial or political laws of the Jews are of this
latter class. 11 Ark. 527. prescribed by law; not contrary to nor for-
bidden by the law.
LAW OP THE LAND. Due process of The principal distinction between the terms
"lawful "and "legal" is that the former contem-
law, (q. v.) plates the substance of law, the latter the form of
By the law of the land is most clearly in- law. To say of an act that it is "lawful" implies
tended the general law which hears before it that it is authorized, sanctioned, or at any rate not
condemns, which proceeds upon inquiry, and forbidden, by law. To say that it is "legal" im-
plies that it is done or performed in accordance
renders judgment only after trial. The with the forms and usages of law, or in a technical
meaning is that every citizen shall hold hia manner. In this sense "illegal" approaches the
life, liberty, property, and immunities un- meaning of " invalid." For example, a contract or
der the protection of general rules which will, executed without the required formalities,
might be said to be invalid or illegal, but could not
govern society. Everything which may be described as unlawful. Further, the word
pass under the form of an enactment is not "lawful"more clearly implies an ethical content
the law of the land. Sedg. St. & Const. than does " legal." The latter goes no further than
Law, (2dEd.)475. to denote compliance with positive, technical, or
formal rules; while the former usually imports
tt
When first used in Magna Charta, the phrase moral substance or ethical permissibility. A fur-
thelaw of the land " probably meant the estab- ther distinction is that the word "legal" is used as
lished law of the kingdom, in opposition to the the synonym of "constructive," which "lawful" is
civil or Roman law, which was about being intro- not. Thus "legal fraud" is fraud implied or in-
duced. It is now generally regarded as meaning ferred by law, or made out by construction. " Law-
general public laws binding on all members of the ful fraud" would be a contradiction of terms.
community, in contradistinction from partial or Again, "legal" is used as the antithesis of "equi-
private laws. 2 Tex. 251; 2 Yerg. 270; 6 Heisk. table. " Thus, we speak of "legal assets," "legal
186. estate, "etc., but not of "lawful assets" or "law-
It means due process of law warranted by the ful estate." But there are some connections in
constitution, by the common law adopted by the which the two words are used as exact equivalents.
constitution, or by statutes passed in pursuance of Thus, a "lawful" writ, warrant, or process is the
the constitution. 1 N. H. 5& same as a "legal" writ, warrant, or process.
It means the law as established in a fair, open
trial, or after opportunity given for such trial, by LAWFUL AGE. Full age; majority;
due course and process of law; not a bill of at-
tainder. 6 Fa. St. 87. generally the age of twenty-one years.
obtained by the mortgagee, or his assignee, up) a nuisance; to levy (acknowledge) a fine,
against the mortgagor, under a peculiar pro- to levy (inaugurate) war; to levy an execu-
ceeding authorized by statute. 3 Bouv. Inst. tion, i. e., to levy or collect a sum of money
no. 3396. on an execution.
LEVARI FACIAS DAMNA DE DIS- LEVY, n. In practice. A seizure; the
SEISITORIBUS. A writ formerly directed raising of the money for which an execution
to the sheriff for the levying of damages, has been issued.
which a disseisor had been condemned to pay LEVY COTJBT. A court formerly ex-
to the disseisee. CowelL isting in the District of Columbia. It was a
LEVARI FACIAS QUANDO VICE- body charged with the administration of the
COMES RETUBNAVIT QUOD NON ministerial and financial duties of Washing-
HABUIT EMPTOBES. An old writ ton county. It was charged with the duty
commanding the sheriff to sell the goods of of laying out and repairing roads, building
a debtor which he had already taken, and had bridges, providing poor-houses, laying and
returned that he could not sell them; and as collecting the taxes necessary to enable it to
much more of the debtor's goods as would discharge these and other duties, and to pay
satisfy the whole debt. Cowell. the other expenses of the county. It had
capacity to make contracts in reference to
LEVABI FACIAS BESIDUUM DEB- any of these matters, and to raise money to
ITI. An old writ directed to the sheriff for meet such contracts. It had perpetual suc-
levying the remnant of a partly-satisfied debt cession, and its functions were those which,
upon the lands and tenements or chattels of in the several states, are performed by "coun-
the debtor. Cowell. ty commissioners," "overseers of the poor,"
"county supervisors," and similar bodies
LEVATO VELO. Lat. An expression with other designations. 2 Wall. 507.
used in the Roman law, and applied to the trial
of wreck and salvage. Commentators disa- LEVYING WAR. In criminal law.
gree about the origin of the expression; but all The assembling of a body of men for the pur-
agree that its general meaning is that these pose of effecting by force a treasonable ob-
causes shall be heard summarily. The most ject; and all who perform any part, however
probable solution is that it refers to the place minute, or however remote from the scene
where causes were heard. A sail was spread of action, and who are leagued in the general
before the door and officers employed to keep conspiracy, are considered as engaged in lev-
strangers from the tribunal. When these ying war, within the meaning of the consti-
causes were heard, this sail was raised, and tution. 4 Cranch, 473, 474; Const, art. 3,
suitors came directly to the court, and their 3.
causes were heard immediately. As applied L E W D N E S S . Licentiousness; an of-
to maritime courts, its meaning is that fense against the public-economy, when of
causes should be heard without delay. These an open and notorious character; as by fre-
causes require dispatch, and a delay amounts quenting houses of ill fame, which is an in-
practically to a denial of justice. (See Cod. dictable offense, or by some grossly scandal-
11,4,5.) Bouvier. ous and public indecency, for which the pun-
LEVIABLE. That which may be levied. ishment at common law is fine and imprison-
ment. Wharton.
LEVIR. In Roman law. A husband's
brother; a wife's brother-in-law. Calvin. LEX. Lat. Law; a law; the law. In
the Roman jurisprudence this term was often
LEVIS. Lat. Light; slight; trifling. used as the synonym of "jus," in the sense
Levis culpa, slight fault or neglect. Levis- of a rule of civil conduct authoritatively pre-
tima culpa, the slightest neglect. Levis scribed for the government of the actions of
notat a slight mark or brand. the members of an organized jural society.
LEVITICAL DEGREES. Degrees of In a more limited and particular sense, it
kindred within which persons are prohibited was a resolution adopted by the whole Roman
to marry. They are set forth in the eight- "populus" (patricians and plebians) in the
eenth chapter of Leviticus. eomitia, on the motion of a magistrate of
senatorial rank, as a consul, a praetor, or a
LEVY, . To raise; execute; exact; col- dictator. Such a statute frequently took the
lect; gather; take up; seize. Thus, to levy name of the proposer; as tba lex Falcidia,
(raise or collect) a tax; to levy (raise or set lex Cornelia etc.
LIBERUM SOCAGIUM. In old En- materia. Under the name of books are con-
glish law. Free socage. Bract, fol. 207; 2 tained all volumes, whether upon paper, or
Bl. Comm. 61, 62. paichment, or any other material. Dig. 32,
52, pr.
LIBERUM TENEMENTUM. In real
law. Freehold. Frank-tenement. LICENCIADO. In Spanish law. An
In pleading. A plea of freehold. A plea attorney or advocate; particularly, a person
by the defendant in an action of trespass to admitted to the degree of "Licentiate in Ju-
real property that the locus in quo is his free- risprudence" by any of the literary universi-
hold, or that of a third person, under whom ties of Spain, and who is thereby authorized
to practice in all the courts. Escriche.
be acted. 1 Tidd, Pr. 645.
LICENSE. In the law of contracts.
LIBLAC. In Saxon law. Witchcraft,
A permission, accorded by a competent au-
particularly that kind which consisted in the
thority, conferring the right to do some act
compounding and administering of drugs and
which without such authorization would be
philter.
illegal, or would be a trespass or a tort. Also
HBLACUM. In Saxon law. Bewitch- the written evidence of such permission.
ug any person; also a barbarous sacrifice. In real property law. An authority to
LIBRA. In old English law. A pound; do a particular act or series of acts upon an-
al<H> a SUM of money equal to a pound ster- other's land without possessing any estate
ling therein. Also the written evidence of au-
thority so accorded.
LI3.RA ABSA. In old English law. A It is distinguished from an "easement,n which
pound birned; that is, melted, or assayed by implies an interest in the land to be affected, and a
melting, to test its purity. Libra arses et "lease," or right to take the profits of land. It
pensata; pounds burned and weighed. A may be, however, and often is, coupled with a grant
of some interest in the land itself, or right to take
frequent expression in Domesday, to denote the profits. 1 Washb. Real Prop. *398.
the purer coin in which rents were paid.
In pleading. A plea of justification to
Spelraan; Co well.
an action of trespass that the defendant was
L I B R A NUMERATA. A pound of authorized by the owner of the freehold to
money counted instead of being weighed. commit the trespass complained of.
Bpelman. In the law of patents. A written au-
LIBRA PENSA. A pound of money by thority granted by the owner of a patent to
freight. It was usual in former days not only another person empowering the latter to
to sell the money, but to weigh it; because make or use the patented article for a limited
many cities, lords, and bishops, having their period or in a limited territory.
mints, coined money, and often very bad In i n t e r n a t i o n a l law. Permission
money, too, for which reason, though the granted by a belligerent state to its own sub-
pound consisted of 20 shillings, they weighed jects, or to the subjects of the enemy, to car-
it. Enc. Lond. ry on a trade interdicted by war. Wheat. Int.
Law, 447.
LIBRARIUS. In Roman law. A writ-
Marriage license. A marriage license is
er or amanuensis; a copyist. Dig. 50, 17,
an authority enabling two persons to be mar-
92.
ried.
L I B R A T A TERRJE. A portion of
LICENSED VICTUALLER. A term
ground containing four oxgangs, and every
applied, in England, to all persons selling
xgang fourteen acres. Cowell. This is the
any kind of intoxicating liquor under a
same with what in Scotland was called
license from the justices of the peace.
"poundland" of old extent. Wharton.
Wharton.
L I B R I P E N S . In Roman law. A LICENSEE. A person to whom a license
weigher or balance-holder. The person who has been granted.
held a brazen balance in the ceremony of
In patent law. One who has had trans-
emancipation per ces et libram. Inst. 2,
ferred to him, either in writing or orally, a
10,1. less or different interest than either the in-
Librorum appellatione continentur terest in the whole patent, or an undivided
omnia volumina, give in charta, sive in part of such whole interest, or an exclusive
membrana sint, sive in quavis alia sectional interest. 4 Blatchf. 211.
curs) the insurer engages to pay a stipulated L I G E A . In old English law. A liege-
sum to the legal representatives of such per- woman; a female subject. Keg. Orig. 3126.
son, or to a third person having an insurable
L I G E A N C E . Allegiance; the faithful
interest in the life of such person.
obedience of a subject to his sovereign, of a
L I F E - I N T E R E S T . A claim or interest, citizen to his government. Also, derivative-
not amounting to ownership, and limited by ly, the territory of a state or sovereignty.
a term of life, either that of the person in
LIGEANTIA. Lat. Ligeance; alle-
whom the right is vested or that of another.
giance.
L I F E - L A N D , or L I F E - H O L D . Land Ligeantia est quasi legis essentia; est
held on a lease for lives. vinculum fidei. Co. Iitt. 129. Allegiance
L I F E PEERAGE. Letters patent, con- is, as it were, the essence of law; it is the
ferring the dignity of baron for life only, do chain of faith.
not enable the grantee to sit and vote in the Ligeantia naturalis nullis claustris
house of lords, not even with the usual writ coercetur, nullis metis refreenatur, nullis
of summons to the house. Wharton. flnibus premitur. 7 Coke, 10. Natural
L I F E POLICY. A policy of life insur- allegiance is restrained by no barriers, reined
ance; a policy of insurance upon the life of by no bounds, compressed by no limits.
an individual. LIGEAS. In old records. A liege.
L I F E - R E N T . In Scotch law. An es- LIGHT. A window, or opening in the
tate for life; a right to the use and enjoy- wall for the admission of light. Also a priv-
ment of an estate or thing for one's life, but ilege or easement to have light admitted into
without destruction of its substance. They one's building by the openings made for that
are either legal, such as terce and curtesy, purpose, without obstruction or obscuration
(q. .,) or conventional, i. ., created by act by the walls of adjacent or neighboring struct*
of the parties. Conventional life-rents are ures.
either simple, where the owner of an estate
grants a life-interest to another, or by reser- L I G H T - H O U S E . A structure, usually
vation, where the owner, in conveying away in the form of a tower, containing signal*
the fee, reserves a life-estate to himself. lights for the guidance of vessels at night, at
dangerous points of a coast, shoals, etc.
LIFE-RENTER. In Scotch law. A They are usually erected by government, and
tenant for life without waste. Bell. subject to governmental regulation.
LIFT. To raise; to take up. To "lift" L I G H T - H O U S E BOARD. A commis-
a promissory note is to discharge its obliga- sion authorized by congress, consisting of
tion by paying its amount or substituting an- two officers of the navy, two officers of the
other evidence of debt. To "lift the bar" of corps of engineers of the army, and two civil-
the statute of limitations, or of an estoppel, ians, together with an officer of the navy and
is to remove the obstruction which it inter- an officer of engineers of the army as secre-
poses, by some sufficient act or acknowledg- taries, attached to the office of the secretary
ment. of the treasury, at Washington, and charged
with superintending the construction and
LIGA. In old European law. A league management of light-houses, light-ships, and
or confederation. Spelman. other maritime signals for protection of com-
L I G A N , L A G A N . Goods cast into the merce. Abbott.
sea tied to a buoy, so that they may be found
L I G H T - S H I P , LIGHT-VESSEL. A
again by the owners, are so denominated.
vessel serving the purpose of a light-house,
When goods are cast into the sea in storms
usually at a place where the latter could not
or shipwrecks, and remain there, without
well be built.
coming to land, they are distinguished by the
barbarous names of "jetsam," "flotsam," LIGHTER. A small vessel used in load-
and "ligan." 5 Coke, 108; Harg. State Tr. ing and unloading ships and steamers.
48; 1 Bl. Comm. 292.
L I G H T E R A G E . The business of trans-
LIGARE. To tie or bind. Bract, fol. ferring merchandise to and from vessels by
8696. means of lighters; also the compensation o>
To enter into a league or treaty. Spelman. price demanded for such service.
X.DIGT.LAW16
LOCOCESSION. The act of giving legal transaction complies with the formali-
place. ties required by the law of the country where
it is done, it is also valid in the country where
LOCULUS. In old records. A coffin; a
it is to be given effect, although by the law
purse.
of that country other formalities are re-
LOCUM TENENS. Lat. Holding the quired. 8 Sav. Syst. 381: Westl. Priv.
place. A deputy, substitute, lieutenant, or Int. Law, 159.
representative.
LOCUS R E I SITiE. The place where
LOCUPLES. Lat. In the civil law. a thing is situated. In proceedings in remt
Able to respond in an action; good for the or the real actions of the civil law, the proper
amount which the plaintiff might recover. forum is the locus rei sites. 2 Gall. 191,197.
Dig. 50, 16, 234, 1.
LOCUS. Lat. A place; the place where LOCUS SIGILLI. The place of the seal;
the place occupied by the seal of written
ftthing is done.
instruments. Usually abbreviated to "L. S."
LOCUS CONTRACTUS. The place of
i contract; the place where a contract is LOCUS STANDI. A place of standing;
made. standing in court. A right of appearance in
a court of justice, or before a legislative body,
LOCUS CBIMINIS. The locality of a on a given question.
crime; the place where a crime was commit-
ted. LODE. This term, as used in the legis-
LOCUS DELICTI. The place of the of- lation of congress, is applicable to any zone
fense; the place where an offense was com- or belt of mineralized rock lying within
mitted. 2 Kent, Comm. 109. boundaries clearly separating it from the
neighboring rock. It includes all deposits
LOCUS IN QUO. The place in which. of mineral matter found through a mineral-
The place in which the cause of action arose, ized zone or belt coming from the same source,
or where anything is alleged, in pleadings, impressed with the same forms, and appear-
to have been done. The phrase is most fre- ing to have been created by the same pro-
quently used in actions of trespass quare cesses. 4 Sawy. 312.
clausum fregit.
LODEMAN, or LOADSMAN. The
LOCUS PARTITUS. In old English pilot conducts the ship up the river or into
law. A place divided. A division made be- port; but the loadsman is he that undertakes
tween two towns or counties to make out in to bring a ship through the haven, alter be-
which the land or place in question lies. ing brought thither by the pilot, to the quay
Fleta, lib. 4, c. 15, 1; Cowell. or place of discharge. Jacob.
LOCUS PCENITENTLSl. A place for LODEMANAGE. The hire of a pilot
repentance; an opportunity for changing for conducting a vessel from one place to an-
one's mind; a chance to withdraw from a other. Cowell.
contemplated bargain or contract before it
Jesuits in a definite contractual liability. L O D G E R . One who occupies hired
Also used of a chance afforded to a person, by apartments in another's house; a tenant of
the circumstances, of relinquishing the in- part of another's house.
tention which he has formed to commit a A tenant, with the right of exclusive pos-
crime, before the perpetration thereof. session of a part of a house, the landlord, by
himself or an agent, retaining general domin-
Locus pro solutione reditus aut pecu-
nice secundum conditionem dimissionis ion over the house itself.
aut obligationis est stricte observandus. LODGINGS. Habitation in another's
4 Coke, 73. The place for the payment of house; apartments in another's house, fur-
rent or money, according to the condition of nished or unfurnished, occupied for habita-
a lease or bond, is to be strictly observed. tion; the occupier being termed a "lodger."
LOCUS PUBLICUS. In the civil law. LODS ET VENTES. In old French
A public place. Dig. 43, 8, 1; Id. 43, 8, and Canadian law. A fine payable by a
2,8. roturier on every change of ownership of his
LOCUS REGIT ACTUM. In private land; a mutation or alienation fine. Steph.
"nternational law. The rule that, when a Lect. 351.
Lunacy includes both the forms of mental aliena- his interests, may be fairly supposed to ac-
tion known, respectively, as "mania" and "demen- quiesce in it, if he afterwards propose to dis-
tia. " 10 N. J. Eq. 186.
turb the arrangement, is said to be prevented
L U N A C Y , COMMISSION OP. A from doing so by reason that he has been
commission issuing from a court of compe- lying by.
tent jurisdiction, authorizing an inquiry to be
made into the mental condition of a person LYING I N FRANCHISE. A term
who is alleged to be a lunatic. descriptive of waifs, wrecks, estrays, and the
like, which may be seized without suit or ac-
LUNAR. Belonging to or measured by tion.
the revolutions of the moon.
LYING I N GRANT. A phrase applied
LUNAR MONTH. See MONTH. to incorporeal rights, incapable of manual
LUNATIC. A person of deranged or un- tradition, and which must pass by mere de-
sound mind; a person whose mental faculties livery of a deed.
are in the condition called "lunacy," (q. v.) LYING I N WAIT. Lying in ambush;
Lunaticus, qui gaudet in lucidis in- lying hid or concealed for the purpose of mak-
tervallis. He is a lunatic who enjoys lucid ing a sudden and unexpected attack upon a
intervals. 1 Story, Cont. 73. person when he shall arrive at the scene. In
some jurisdictions, where there are several
LUNDRESS. In old English law. A degrees of murder, lying in wait is made evi-
silver penny, so called because it was to be dence of that deliberation and premeditated
coined only at London, (a Londres,) and not intent which is necessary to characterize mur-
at the country mints. Lown. Essay Coins, der in the first degree.
17; Cowell. This term is not synonymous with "con-
LUPANATRIX. A bawd or strumpet. cealed. " If a person conceals himself for the
8 Inst. 206. purpose of shooting another unawares, he is
lying in wait; but a person may, while con-
LUPINUM CAPUT GERERE. Lat. cealed, shoot another without committing the
To be outlawed, and have one's head exposed, crime of murder. 55 Cal. 207.
like a wolf's, with a rewaid to him who should
take it. Cowell. LYNCH LAW. A term descriptive of
LURGULARY. Casting any corrupt or the action of unofficial persons, organized
poisonous thing into the water. Wharton. bands, or mobs, who seize persons charged
with or suspected of crimes, or take them out
LUSHBOROW. In old English law. A of the custody of the law, and inflict summary
base sort of money, coined beyond sea in the punishment upon them, without legal trial,
likeness of English coin, and introduced into and without the warrant or authority of law
England in the reign of Edward III. Pro-
hibited by St. 25 Edw. H I . c. 4. Spelman; LYNDHURST'S (LORD) ACT. Thin
Cowell. statute (5 & 6 Wm. IV. c. 54) renders mar-
riages within the prohibited degrees abso-
LUXURY. Excess and extravagance, lutely null and void. Theretofore such mar-
which was formerly an offense against the riages were voidable merely.
public economy, but is not now punishable*
Wharton. LYON KING OF ARMS. In Scotch
law. The ancient duty of this officer was to
LYCH-GATE. The gate into a church- carry public messages to foreign states, and
yard, with a roof or awning hung on posts it is still the practice of the heralds to make
over it to cover the body brought for burial, all royal proclamations at the Cross of Edin-
when it rests underneath. Wharton. burgh. The officers serving under him are
LYEF-GELD. Sax. In old records. heralds, pursuivants, and messengers. Bell.
Lief silver or money; a small fine paid by the LYT2E. In old Roman law. A name
customary tenant to the lord for leave to given to students of the civil law in the fourth
plow or sow, e t c Somn. Gavelkind, 27. year of their course, from their being sup-
LYING BY. A person who, by his pres- posed capable of solving any difficulty in law.
ence and silence at a transaction which affects Tayl. Civil Law, 39.
AM.DICT.LAW47
M.
M. This letter, used as a Roman numeral, a notorious usurer. See Mackeld. Bom. Law,
stands for one thousand. 432; Inst. 4, 7, 1; Dig. 14, 6.
It was also, in old English law, a brand or MACER. A mace-bearer; an officer at-
stigma impressed upon the brawn of the tending the court of session in Scotland.
thumb of a person convicted of manslaughter
and admitted to the benefit of clergy. MACHECOLIiARE. To make a warlike
This letter was sometimes put on the device over a gate or other passage like to a
face of treasury notes of the United States, grate, through which scalding water or pon-
and signifies that the treasury note bears in- derous or offensive things may be cast upon
terest at the rate of one mill per centum, and the assailants. Co. Litt. 5a.
not one per centum interest. 13 Pet. 176. MACHINATION. Contriving a plot or
M. also stands as an abbreviation for sev- conspiracy. The act of planning or contriv-
eral words of which it is the initial letter; as ing a scheme for executing some purpose,
"Mary," (the English queen of that name,) particularly an evil purpose; an artful design
"Michaelmas," "master," "middle." formed with deliberation.
M. D. An abbreviation for "Middle Dis- MACHINE. In patent law. Any con-
trict," in reference to the division of the trivance used to regulate or augment force
United States into judicial districts. Alsoan or motion; more properly, a complex struct-
abbreviation for "Doctor of Medicine." ure, consisting of a combination, or peculiar
M. R. An abbreviation for "Master of modification, of the mechanical powers.
theKolls." The term "machine," in patent law, includes
every mechanical device, or combination of me-
M. T. An abbreviation for "Michaelmas chanical powers and devices, to perform some func-
Term." tion and produce a certain effect or result. But
where the result or effect is produced by chemical
MACE. A large staff, made of the pre- action, by the operation or application of some ele-
cious metals, and highly ornamented. It is ment or power of nature, or of one substance to
another, such modes, methods, or operations are
used as an emblem of authority, and carried called "processes." A new process is usually the
befoie certain public functionaries by a mace- result of discovery; a machine, of invention. 15
bearer. How. 252, 267.
MACE-BEARER. In English law. MACHINERY. A more comprehensive
One who carries the mace before certain term than "machine;" including the appur-
functionaries. In Scotland, an officer at- tenances necessary to the working of a ma-
tending the court of session, and usually chine. I l l Mass. 540; 108 Mass. 78.
called a "macer." MACHOLUM. A barn or granary open
MACE-GREFF. In old English law. at the top; a rick or stack of corn. Spel-
One who buys stolen goods, particularly man.
food, knowing it to have been stolen. MACTATOR. A murderer.
MACE-PROOF. Secure against arrest. MACULARE. In old European law. To
wound. Spelman.
MACEDONIAN DECREE. In Roman
law. This was the Senatus-consultum Mace- MADE KNOWN. Where a writ of
donianum, a decree of the Roman senate, scire facias has been actually served upon a
first given under Claudius, and renewed un- defendant, the proper leturn is that its con-
der Vespasian, by which it was declared that tents have been "made known" to him.
no action should be maintained to recover a MADRAS REGULATIONS. Certain
loan of money made to a child who was un- regulations prescribed for the government of
der the patiia potestas. It was intended to the Madras presidency. Mozley & "Whitley.
strike at the practice of usurers in making
loans, on unconscionable terms, to family M-ffiC-BURGH. Kindred; family.
heirs who would mortgage their future ex- M2EGBOTE." In Saxon law. A recom-
pectations from the paternal estate. The law pense or satisfaction for the slaying or mur-
Is said to have deriveu Xa iiame from that of der of a kinsman. Spelman.
another, and makes himself liable to pay or tensam. Lawful commands receive a strict
fulfill it. Schm. Civil Law. 120. interpretation, but unlawful commands a
broad and extended one. fiac. Max. reg. 16.
MANDAMIENTO. In Spanish law.
Commission; authority or power of attorney. MANDATAIRE. Fr. In French law.
A contract of good faith, by which one per- A person employed by another to do some
son commits to the gratuitous charge of an- act for him; a mandatary.
other his affairs, and the latter accepts the M a n d a t a r i u s terminos sibi positos
charge. White, New Recop. b. 2, tit. 12, e. 1. transgredi non potest. A mandatary can-
MANDAMUS. Lat. We command. not exceed the limits assigned him. Jenk.
This is the name of a writ (formerly a high Cent. 53.
prerogative writ) which issues from a court MANDATARY. He to whom a man-
of superior jurisdiction, and is directed to a date, charge, or commandment is given; also,
private or municipal corporation, or any of he that obtains a benefice by mandamus.
its officers, or to an executive, administra-
tive, or judicial officer, or to an inferior court, MANDATE. In practice. A judicial
commanding the performance of a particular command or precept proceeding from a court
act therein specified, and belonging to his or or judicial officer, directing the proper officer
their public, official, or ministerial duty, or to enforce a judgment, sentence, or decree.
directing the restoration of the complainant Jones, Bailm. 52.
to rights or privileges of which he has been In the practice of the supreme court of the
illegally deprived. United States, the mandate is a precept or or-
der, issued upon the decision of an appeal or
The action of mandamus is one, brought in
writ of error, directing the action to be taken,
a court of competent jurisdiction, to obtain an
or disposition to be made of the case, by the
order of such court commanding an inferior
inferior court.
tribunal, board, corporation, or person to do
or not to do an act the performance or omis- In some of the state jurisdictions, the
sion of which the law enjoins as a duty re- name "mandate" has been substituted for
sulting from an office, trust, or station. "mandamus" as the formal title of that writ.
Where discretion is left to the inferior tri- In contracts. A bailment of property in
bunal or peison, the mandamus can only regard to which the bailee engages to do
compel it to act, but cannot control such some act without reward. Story, Bailm.
discietion. Rev. Code Iowa, 1880, 3373. 137.
The writ of mandamus is either peremp- A mandate is a contract by which a lawful
tory or alternative, according as it requires business is committed to the management of
the defendant absolutely to obey its behest, another, and by him undertaken to be per-
or gives him an opportunity to show cause to formed gratuitously. The mandatary i
the contrary. It is the usual practice to is- bound to the exercise of slight diligence, and
sue the alternative writ first. This com- is responsible for gross neglect. The fact
mands the defendant to do the particular act, that the mandator derives no benefit from the
or else to appear and show cause against it at acts of the mandatary is not of itself evidence
a day named. If he neglects to obey the of gross negligence. 42 Miss. 525.
writ, and either makes default in his appear- A mandate, procuration, or letter of at-
ance or fails to show good cause against the torney is an act by which one person gives
application, the peremptory mandamus is- power to another to transact for him and in
sues, which commands him absolutely and his name one or several affairs. The man-
without qualification to do the act. date may take place in five different manners,.
for the interest of the person granting i t
MANDANS. In the civil law. The em- only; for the joint interest of both parties;
ploying party in a contract of mandate. One for the interest of a third person; for the
who gives a thing in charge to another; one interest of a third person and that of the
who requires, requests, or employs another party granting it; and, finally, for the inter-
*o do some act for him. Inst. 3,27,1, et seq. est of the mandatary and a third person.
Civil Code La. arts. 2985, 2986.
MANDANT. In French and Scotch law.
Mandates and deposits closely resemble each
The employing party in the contract of man- other; the distinction being that in mandates the
datum, or mandate. Story, Bailm. 138. care and service are the principal, and the cus-
tody the accessory, while in deposits the custody
Mandata lioita recipiunt strictam in- is the principal thing, and the care and service ar*
terpretatlonem, sed illicita latam et ex- merely accessory. Story, Bailm. $ 140.
MATE. The officer second in command MATERTERA. Lat. In the civil law.
on a merchant vessel. A maternal aunt; a mother's sister. Inst. 3,
6, 1; Bract, fol. 686.
MATELOTAGE. In French law. The
MATERTERA MAGNA. In the civil
hire of a ship or boat.
law. A great aunt; a grandmother's sister,
MATER-FAMILIAS. Lat. In the civil {avice soror.) Dig. 38, 10, 10, 15.
law. The mother or mistress of a family.
MATERTERA MAJOR. In the civil
A chaste woman, married or single. Calvin.
law. A greater aunt; a great-grandmother's
M A T E R I A . Lat. In the civil law. sister, [jproavice soror;) a father's or mother's
Materials; as distinguished from species, or great-aunt, (patris vel matris matertera
the form given by labor and skill. Dig. 41, magna.) Dig. 38,10, 10, 16.
1, 7, 7-12; Fleta, lib. 3, c. 2, 14.
MATERTERA MAXIMA. In the civil
Materials (wood) for building, as distin-
law. A greatest aunt; a great-great-grand-
guished from "lignum." Dig. 32,55, pr.
mother's sister, (abavice soror;) a father's
I n E n g l i s h law. Matter; substance; or mother's greater aunt, (patris vel matri*
subject-matter. 3 Bl. Comm. 322. matertera major.) Dig. 38, 10, 10,17.
MATERIAL. Important; more or less MATH. A mowing.
necessary; having influence or effect; going
to the merits; having to do with matter, as M A T H E M A T I C A L EVIDENCE.
distinguished from form. An allegation is Demonstrative evidence; such as establishes
said to be material when it forms a substan- its conclusions with absolute necessity and
tive part of the case presented by the plead- certainty. It is used in contradistinction to
ing. Evidence offered in a cause, or a ques- moral evidence.
tion propounded, is material when it is rele- MATIMA. A godmother.
vant and goes to the substantial matters in dis-
pute* or has a legitimate and effective influ- MATRICIDE. The murder of a mother J.
ence or bearing on the decision of the case. or one who has slain his mother.
MATERIAL-MAN. A person who has MATRICULA. In the civil and old En-
furnished materials used in the construction glish la w. A register of the admission of of*
or repair of a building, structure, or vessel. fleers and persons entered into any body or
society, whereof a list was made. Hence
MATERIALITY. The property or char- those who are admitted to a college or univer-
acter of being material. See MATERIAL. sity are said to be "matriculated." Also &
kind of almshouse, which had revenues ap-
MATERIALS. The substance or matter propriated to it, and was usually built near
of which anything is made; matter furnished the church, whence the name was given to-
for the erection of a house, ship, or other the church itself. Wharton.
structure; matter used or intended to be used
in the construction of any mechanical prod- MATRICULATE. To enter as a stu-
uct. See 71 Pa. St. 293. dent in a university.
MOOT, n. In English law. Moots are dorf that, "when we declare such a thing to be
exercises in pleading, and in arguing doubt- morally certain, because it has been confirmed by
credible witnesses, this moral certitude is nothing
ful cases and questions, by the students of else but a strong presumption grounded on probable
an inn of court before the benchers of the inn. reasons, and which very seldom fails and deceives
Sweet. us." "Probable evidence," says Bishop Butler, in
the opening sentence of his Analogy, "is essen
MOOT COUBT. A court held for the tially distinguished from demonstrative by this:
arguing of moot cases or questions. that it admits of degrees, and of all variety of them,
from the highest moral certainty to the very low
MOOT HALL. The place where moot est presumption." 118 Mass. 23.
cases were argued. Also a council-chamber,
MOBAL EVIDENCE. As opposed to
hall of judgment, or town-hall.
"mathematical" or "demonstrative" evi-
MOOT HILL. Hill of meeting, (gemot,) dence, this term denotes that kind of evi-
on which the Britons used to hold their dence which, without developing an absolute
courts, the judge sitting on the eminence; and necessary certainty, generates a high de-
the parties, etc., on an elevated platform be- gree of probability or persuasive force. It is
low. Enc. Lond. founded upon analogy or induction, experi-
ence of the ordinary course of nature or the
MOOT MAN. One of those who used to
sequence of events, and the testimony of
argue the reader's cases in the inns of court.
men.
MOOTA CANUM. A pack of dogs.
Cowell. MOBAL FRAUD. This phrase is one
of the less usual designations of "actual" or
MOOTING. The exercise of arguing "positive" fraud or "fraud in fact," as dis-
questions of law or equity, raised for the tinguished from "constructive" fraud or
purpose. See MOOT. "fraud in law." It means fraud which in-
MORA. Lat. In the civil law. Delay; volves actual guilt, a wrongful purpose, or
default; neglect; culpable delay or default. moral obliquity.
Calvin. MOBAL INSANITY. In medical ju-
MOBA. Sax. A moor; barren or un- risprudence. A derangement of the moral
profitable ground; marsh; a heath; a watery system; a morbid condition, in which the
bog or moor. Co. Iitt. 5; Fleta, 1. 2, c 71. passions, appetites, inclinations, and moral
dispositions have escaped from the control of
MOBA MTJSSA. A watery or boggy the will and the conscience, and are pervert-
moor; a morass. ed to immoral acts or uses, although the fac-
Mora reprobatur in lego. Delay is rep- ulties of perception, reason, and judgment
robated in law. Jenk. Cent p. 51, case 97. remain normal, or nearly so, and there is no
especial hallucination or illusion. Klepto-
MOBAL ACTIONS. Those only in mania is an example of this condition.
which men have knowledge to guide them,
Incapacity, from disease, to control one's con-
and a will to choose for themselves. Ruth. duct according to one's knowledge; uncontrollable
Inst lib. 1. c. i. morbid impulse; disability of the will to refrain
from what one knows is wrong and punishable; a
MOBAL CEBTAINTY. In the law of morbid perversion of the affections, inclinations,
criminal evidence. That degree of assuranee and temper, independent of any disease or delusion
which induces a man of sound mind to act, operating directly on the intellect. Abbott.
without doubt, upon the conclusions to which MOBAL OBLIGATION. A duty which
it leads. Wills, Circ. Ev. 7. is valid and binding in the forum of the con-
A certainty that convinces and directs the science, but is not recognized by the law as
understanding and satisfies the reason and adequate to set in motion the machinery of
judgment of those who are bound to act con- justice; that is, one which rests upon ethical
scientiously upon i t considerations alone, and is not imposed or
A high degree of impression of the truth enforced by positive law.
of a fact, falling short of absolute certainty,
but sufficient to justify a verdict of guilty, MOBANDiE SOLUTIONIS CAUSA.
even in a capital case. See Burrill, Circ. E v. Lat. For the purpose of delaying or post-
198-200. poning payment or performance.
The phrase "moral certainty" has been intro- MOBATUB I N LEGE. Lat. He de-
duced into our jurisprudence from the publicists
and metaphysicians, and signifies only a very high lays in law. The phrase describes the ac-
degree of probability. It was observed by Pufen- tion of one who demurs, because the part/
terms prescribed at the time of making such MORTGAGOR, He that gives a mort-
conveyance. 1 Washb. Real Prop. *475. gage.
A conditional conveyance of land, designed MORTH. Sax. Murder, answering ex-
as a security for the payment of money, the actly to the French "assassinat" or "muertre
fulfillment of some contract, or the perform- de guet-apens."
ance of some act, and to be void upon such
payment, fulfillment, or performance. 44 MORTHLAGA. A murderer. CowelL
Me. 299. MORTHLAGE. Murder. Cowell.
A debt by specialty, secured by a pledge of
lands, of which the legal ownership is vested MORTIFICATION. In Scotch law. A
in the creditor, but of which, in equity, the term nearly synonymous with "mortmain."
debtor and those claiming under him remain Bell. Lands are said to be mortified for a
the actual owners, until debarred by judicial charitable purpose.
sentence or their own laches. Coote, Mortg. 1. MORTIS CAUSA. Lat. By reason of
Mortgage is a right granted to the creditor death; in contemplation of death. Thus used
over the property of the debtor for the secu- in the phrase "Donatio mortis causa,"
rity of his debt, and gives him the power of (q. .)
having the property seized and sold in de-
fault of payment. Civil Code La. art. 3278. Mortis momentum est ultimum vitsa
Mortgage is a contract by which specific momentum. The last moment of life is the
property is hypothecated for the performance moment of death. 4 Bradf. 245, 250.
of an act, without the necessity of a change MORTMAIN. A term applied to denote
of possession. Civil Code Cal. 2920. the alienation of lands or tenements to any
In the law of Louisiana. The con- corporation, sole or aggregate, ecclesiastical
ventional mortgage is a contract by which or temporal. These purchases having been
a person binds the whole of his property, chiefly made by religious houses, in conse-
or a portion of it only, in favor of another, quence of which lands became perpetually
to secure the execution of some engagement, inherent in one dead hand, this has occa-
but without divesting himself of the posses- sioned the general appellation of "mortmain"
sion. Civil Code La. art. 3290. to be applied to such alienations. 2 Bl.
The judicial mortgage is that resulting Comm. 268; Co. Litt. 26.
from judgments (whether these be rendered
MORTMAIN ACTS. These acts had for
on contested cases or by default, or whether
their object to prevent lands getting into the
they be final or provisional) in favor of the
possession or control of religious corpora-
person obtaining them. Civil Code La. art.
tions, or, as the name indicates, in mortua
3321.
manu. After numerous prior acts dating
The law alone in certain cases gives to the from the reign of Edward I., it was enacted
creditor a mortgage on the property of his by the statute 9 Geo. II. c. 36, (called the
debtor, without it being requisite that the "Mortmain Act" par excellence,) that no
parties should stipulate it. This is called lands should be given to charities unless cer-
"legal mortgage." It is called also "tacit tain requisites should be observed. Brown.
mortgage," because it is established by the
law without the aid of any agreement. Civil MORTUARY. In ecclesiastical law. A
Code La. art. 3311. burial-place. A kind of ecclesiastical heriot,
being a customary gift of the second best
MORTGAGE OP GOODS. A convey- living animal belonging to the deceased,
ance of goods in gage or mortgage by which claimed by and due to the minister in many
the whole legal title passes conditionally to parishes, on the death of his parishioners,
the mortgagee; and, if the goods are not re- whether buried in the church-yard or not.
deemed at the time stipulated, the title be- 2 Bl. Comm. 425.
comes absolute in law, although equity will It has been sometimes used in a civil as
interfere to compel a redemption. It is dis- well as in an ecclesiastical sense, and ap-
tinguished from a "pledge" by the circum- plied to a payment to the lord of the fee.
stance that possession by the mortgagee is not Faroch. Antiq. 470.
or may not be essential to create or to support
the title. Story, Bailm. 287. MORTUARY TABLES. Tables for es-
timating the probable duration of the life
MORTGAGEE, He that takes or - of a party at a given age. 67 Cal. 16,6 Pac
oeives a mortgage. Rep. 871.
utory name) in which the cause was tried to 20 Wend. 267; 23 N . Y. 252; 13 N . Y . 121;
a jury, as distinguished from the appellate 6 Duer, 232.
court. See 3 Bl. Comm. 58.
N O B I L E OFFICTUM. In Scotch law.
N I S I P R I U S CLAUSE. In practice. An equitable power of the court of session,
A clause entered on the record in an action to give relief when none is possible at law.
at law, authorizing the trial of the cause at Ersk. Inst. 1, 3, 22; Bell.
nisi prius in the particular county desig-
nated. It was first used by way of continu- Nobiles magis p l e c t u n t u r p e c u n i a ;
ance. plebes vero in corpore. 3 Inst. 220.
The higher classes are more punished in
N I S I P R I U S ROLL. In practice. The money; but the lower in person.
roll or record containing the pleadings, issue,
and jury process of an action, made up for Nobiles sunt, q u i a r m a gentilitia an*
use in the nisi prius court. teeessorum s u o r u m proferre possunt.
2 Inst. 595. The gentry are those who are
N I S I P R I U S W R I T . The old name of
able to produce armorial bearings derived by
the writ of venire, which originally, in pur-
descent from their own ancestors.
suance of the statute of Westminster 2, con-
tained the nisi prius clause. Reg. Jud. 28, Nobiliores et benigniores prsesump-
75; CowelL tiones in dubiis s u n t prseferendse. In
N I V I C O L L I N I B R I T O N E S . In old cases of doubt, the more generous and more
English law. "Welshmen, because they live benign presumptions are to be preferred. A
civil-law maxim.
near high mountains covered with snow.
Du Cange. Nobilitas est duplex, superior et in-
N O A W A R D . The name of a plea in an ferior. 2 Inst. 583. There are two sorts of
action on an award, by which the defendant nobility, the higher and the lower.
traverses the allegation that an award was N O B I L I T Y . In English law. A divis-
made. ion of the people, comprehending dukes, mar-
NO B I L L . This phrase, when indorsed quises, earls, viscounts, and barons. These
by a grand jury on an indictment, is equiva- had anciently duties annexed to their re-
lent to "not found," "not a true bill," or spective honors. They are created either
"ignoramus." by writ, i. e., by royal summons to attend
the house of peers, or by letters patent, i. e.,
NO F U N D S . This term denotes a lack by royal grant of any dignity and degree of
of assets or money for a specific use. It is peeiage; and they enjoy many privileges, ex-
the return made by a bank to a check drawn clusive of their senatorial capacity. 1 Bl.
upon it by a person who has no deposit to Comm. 396.
his credit there; also by an executor, trus-
tee, etc., who has no assets for the specific N O C E N T . From Latin "nocere."
purpose. Guilty. " The noeent person." 1 Yern. 429.
will not be upheld, though it may seem to be Nullum exemplum est idem omnibus.
authorized by express agreement. 5 Maule No example is the same for all purposes.
& S. 466; Broom, Max. 696. Co. Litt. 212a. No one precedent is adapted
to all cases. A maxim in conveyancing.
Nulls virtus, nulla scientia, locum
suum et dignitatem conservare potest N U L L U M P E C E R U N T ARBI-
sine modestia. Co. Litt. 394. Without TRIUM. L. Lat. In pleading. The name
modesty, no virtue, no knowledge, can pre- of a plea to an action of debt upon an obliga-
serve its place and dignity. tion for the performance of an award, by
Nulle terre sans seigneur. No land which the defendant denies that he submitted
without a lord. A maxim of feudal law. to arbitration, etc. Bac. Abr. "Arbitr."
Guyot, Inst. Feod. c. 28. etc., G.
Nulli enim res sua servit jure servi- Nullum iniquum est preesumendum
tutis. No one can have a servitude o^er his in jure. 7 Coke, 71. No iniquity is to be
own property. Dig. 8, 2, 26; 17 Mas. 443; presumed in law.
2 Bouv. Inst. no. 1600. Nullum matrimonium, ibi nulla dos.
No marriage, no dower. 4 Barb. 192, 194.
NULLITY. Nothing; no proceeding;
an act or proceeding in a cause which the op- Nullum simile est idem nisi quatuor
posite party may treat as though it had not pedibus currit. Co. Litt. 3. No like is
taken place, or which has absolutely no legal identical, unless it run on all fours.
force or effect.
N u l l u m s i m i l e quatuor pedibus
NULLITY OP MARRIAGE. The en- currit. No simile runs upon four feet, (or
tire invalidity of a supposed, pretended, or all fours, as it is otherwise expressed.) No
attempted marriage, by reason of relation- simile holds in everything. Co. Litt. 3a;
ship or incapacity of the parties or other 2 Story, 143.
diriment impediments. An action seeking
a decree declaring such an assumed marriage NULLUM TEMPUS ACT. In English
to be null and void is called a suit of "nulli- law. A name given to the statute 3 Geo. III.
ty of marriage." It diffeis from an action c. 16, because that act, in contravention of
for divorce, because the latter supposes the the maxim "Nullum tempus occurrit regi,"
existence of a valid and lawful marriage. (no lapse of time bars the king,) limited the
See 2 Bish. Mar. & Div. 289-294. crown's right to sue, etc., to the period of
sixty years.
NULLIUS PILIUS. The son of no-
body; a bastard. Nullum tempus aut locus occurrit
regi. No time or place affects the king. 2
Nullius hominis auctoritas apud nos Inst. 273; Jenk. Cent. 83; Broom, Max. 65.
valere debet, ut meliora non sequeremur
si quis attulerit. The authority of no man Nullum tempus occurrit reipublicse.
ought to prevail with us, so far as to prevent No time runs [time does not run] against
our following better [opinions] if any one the commonwealth or state. 11 Grat. 572.
should present them. Co. Litt. 3836. Nullus alius quam rex possit episcopo
NULLIUS IN BONIS. Among the d e m a n d a r e inquisitionem faciendam.
property of no person. Co. Litt. 134. No other than the king can
command the bishop to make an inquisition.
N U L L I U S JURIS. In old English
law. Of no legal force. Fleta, lib. 2, c. 60, Nullus commodum capere potest de
24. injuria sua propria. No one can obtain
an advantage by his own wrong. Co. Litt.
NULLUM ARBITRIUM. L. Lat. No 148; Broom, Max. 279.
award. The name of a plea in an action on
an arbitration bond, for not fulfilling the Nullus debet agere de dolo, ubi alia
award, by which the defendant traverses the actio subest. Where another form of action
allegation that there was an award made. is given, no one ought to sue in the action de
dolo. 7 Coke, 92.
Nullum crimen majus est inobedien-
tia. No crime is greater than disobedience. Nullus dicitur accessorius post felo-
Jenk. Cent. p. 77, case 48. Applied to the niam, sed ille qui novit principalem
refusal of an officer to return a writ. felomam fecisse, et ilium receptavit et
excuse for a party summoned, or one who ex- NUPTIAL. Pertaining to marriage; con-
plained as for a friend the reason of a party's stituting marriage; used or done in mar-
absence. Bract, fol. 345. An officer of a riage.
court; a summoner, apparitor, or beadle.
KTuptias non concubitus sed consen-
Co well.
sus facit. Co. Litt. 33. Not cohabitation
NUPER, OBIIT. Lat. In practice. The but consent makes the marriage.
name of a writ (now abolished) which, in the
NURTURE. The act of taking care of
English law, lay for a sister co-heiress dis-
children, bringing them up, and educating
possessed by her coparcener of lands and
them.
tenements whereof their father, brother, or
any common ancestor died seised of an estate NURUS. Lat. In the civil law. A
in fee-simple. Fitzh. Nat. Brev. 197. son's wife; a daughter-in-law. Calvin.
NUPTLEJ SECUND.E!. Lat. A second NYCTHEMERON. The whole natural
marriage. In the canon law, this term in- day, or day and night, consisting of twenty-
cluded any marriage subsequent to the first. four hours. Enc Lond.
O.
O. O. An abbreviation, in the civil law, A corporal oath is one taken by the form
for "opeconsilio," (q. v.) In American law, of laying the hand on or kissing a copy of
these letters are used as an abbreviation for the gospels.
"Orphans' Court." The terms "corporal oath" and "solemn oath"
are synonymous; and an oath taken with the up-
O. N. B. An abbreviation for "Old Na- lifted hand is properly described by either term in
tura Brevium." See NATTJBA BKEVIUM. an indictment for perjury. 1 Ind. 184.
the intention of acquiring a right of owner- The word "occupation," applied to real property,
ship in it. Civil Code La. art. 3412. is, ordinarily, equivalent to "possession." In con-
nection with other expressions, it may mean that
The taking possession of things which be- the party should be living upon the premises; but,
fore belonged to nobody, with an intention standing alone, it is satisfied by actual possession.
of appropriating them to one's own use. 19 Cal 683; 11 Abb. Pr. 97; 1 EL & EL 638.
"Possession" and "occupancy," when applied to A trade; employment; profession; busi-
land, are nearly synonymous terms, and may exist ness ; means of livelihood.
through a tenancy. Thus, occupancy of a home-
stead, such as will satisfy the statute, may be by OCCUPATIVE. Possessed; used; em-
means other than that of actual residence on the
premises by the widow or child. 21 111. 178. ployed.
There is a use of the word in public-land laws,
homestead laws, "occupying-claimanflaws, cases OCCUPAVIT. Lat. In old English law.
of landlord and tenant, and like connections, which A writ that lay for one who was ejected out of
seems to require the broader sense of possession, his land or tenement in time of war. Cow-
although there is, in most of these uses, a shade ell.
of meaning discarding any prior title as a founda-
tion of right Perhaps both uses or views may be OCCUPIES. An occupant; one who is
harmonized, by saying that in jurisprudence oc- in the enjoyment of a thing.
cupancy or occupation is possession, presented in-
dependent of the idea of a chain of title, of any OCCUPY. To hold in possession; to
earlier owner. Or "occupancy" and "occupant" hold or keep for use. 107 U. S. 343, 2 Sup.
might be used for assuming property which has
no owner, and "occupation" and "occupier" for Ct Rep. 677; 11 Johns. 214.
the more general idea of possession. Judge Bou-
yier's definitions seem partly founded on such a OCHIERN. In old Scotch law. A
distinction, and there are indications of it in En- name of dignity; a freeholder. Skene de
glish usage. It does not appear generally drawn Verb. Sign.
in American books. Abbott.
In international law. The taking pos- OCHLOCRACY. Government by the
session of a newly discovered or conquered multitude. A form of government wherein
country with the intention of holding and the populace has the whole power and ad-
ruling it. ministration in its own hands.
transaction of the established rales of law, decision reached in regard to a cause tried oi
without the act or co-operation of the party argued before them, expounding the law as
himself. applied to the case, and detailing the reasons
upon which the judgment is based.
OPEBATIVE. A workman; a laboring
man; an artisan; particularly one employed Oportet quod certa res deducatur in
in factories. donationem. It is necessary that a certain
thing be brought into the gift, or made the
OPERATIVE PART. That part of a subject of the conveyance. Bract, fol. 156.
conveyance, or of any instrument intended
for the creation or transference of rights, by Oportet quod certa res deducatur in
which the main object of the instrument is judicium. Jenk. Cent. 84. A thing cer-
carried into effect. It is distinguished from tain must be brought to judgment.
introductory matter, recitals, formal conclu- Oportet quod certa sit res quro vendi-
sion, etc. tur. It is necessary that there should be a
OPERATIVE WORDS, in a deed or certain thing which is sold. To make a valid
lease, are the words which effect the transac- sale, there must be certainty as to the thing
tion intended to be consummated by the in- which is sold. Bract, fol. 616.
strument. Oportet quod certse personse, terrse,
OPERIS NOVI NUNTIATIO. In the et certi status comprehendantur in dec-
civil law. A protest or warning against [of] laratione usuum. 9 Coke, 9. It is neces-
a new work. Dig. 39, 1. sary that given persons, lands, and estates
should be comprehended in a declaration of
OPETIDE. The ancient time of mar- uses.
riage, from Epiphany to Ash-Wednesday.
OPPIGNERARE. Lat. In the civil
Opinio est duplex, scilicet, opinio vul- law. To pledge. Calvin.
garis, orta inter graves et discretos, et
qusB vultum veritatis habet; et opinio OPPOSER. An officer formerly belong-
tantum orta inter leves et vulgares ing to the green-wax in the exchequer.
homines, absque specie veritatis. 4 Coke, OPPOSITE. An old word for "oppo-
107. Opinion is of two kinds, namely, com- nent."
mon opinion, which springs up among grave
and discreet men, and which has the appear* OPPOSITION. In bankruptcy prac-
ance of truth, and opinion which springs up tice. Opposition is the refusal of a creditor
only among light and foolish men, without to assent to the debtor's discharge under the
the semblance of truth. bankrupt law.
Opinio quae favet testamento est te- In French law. A motion to open a
nenda. The opinion which favors a will is to judgment by default and let the defendant
be followed. 1 W. Bl. 13, arg. in to a defense.
OPINION. 1. In the law of evidence, OPPRESSION. The misdemeanor com-
opinion is an inference or conclusion drawn mitted by a public officer, who, under color
by a witness from facts some of which are of his office, wrongfully inflicts upon any
known to him and others assumed, or drawn person any bodily harm, imprisonment, or
from facts which, though lending probability other injury. 1 Buss. Crimes, 2y7; Steph.
to the inference, do not evolve it by a process Dig. Crim. Law, 71.
of absolutely necessary reasoning. OPPRESSOR. A public officer who un-
An inference necessarily involving certain facts lawfully uses his authority by way of oppres-
may be stated without the facts, the inference be- sion, (q. v.)
ing an equivalent to a specification of the facts;
but, when the facts are not necessarily involved
in the inference (e. g., when the inference may be OPPROBRIUM. In the civil law. Ig-
sustained upon either of several distinct phases of nominy; infamy; shame.
fact, neither of which it necessarily involves,)
then the facts must be stated. Whart. Ev. 510. Optima est legis interpres consuetudo.
Custom is the best interpreter of the law.
2. A document prepared by an attorney for Dig. 1, 3, 37; Lofft, 237; Broom, Max. 93L
his client, embodying his understanding of
the law as applicable to a state of facts sub- Optima est lex quee minimum relin~
mitted to him for that purpose. quit arbitrio judicis; optimus judex qui
8, The statement by a judge or court of the minimum sibi. That law is the best which
OUT OF THE STATE. Beyond sea, not make his constant or principal residence,
{ which title see.) is an outhouse. 2 Boot, 516.
OUT OF TIME. A mercantile phrase A smaller or subordinate building connected
with a dwelling, usually detached from it and
applied to a ship or vessel that has been so standing at a little distance from it, not intended
long at sea as to justify the belief of her total for persons to live in, but to serve some purpose of
loss. convenience or necessity; as a barn, a dairy, a tool-
In another sense, a vessel is said to be out house, and the like.
of time when, computed from her known OUTLAND. The Saxon thanes divided
day of sailing, the time that has elapsed ex- their hereditary lands into inland, such as
ceeds the average duration of similar voyages lay nearest their dwelling, which they kept
at the same season of the year. The phrase to their own use, and outland, which lay be-
is identical with Mmissing ship." 2 Duer, yond the demesnes, and was granted out to
Ins. 469. tenants, at the will of the lord, like copyhold
estates. This outland they subdivided into
OUTER BAB. In the English courts, two parts. One part they disposed among
barristers at law have been divided into two those who attended their persons, called
classes, viz., queen's counsel, who are admit- "theodans," or lesser thanes; the other part
ted within the bar of the courts, in seats spe- they allotted to their husbandmen, or churls.
cially reserved for themselves, and junior Jacob.
counsel, who sit without the bar; and the
latter are thence frequently termed barristers OUTLAW. In English law. One who
of the "outer bar," or "utter bar," in con- is put out of the protection or aid of the law.
tradistinction to the former class. Brown. OUTLAWED, when applied to a promis-
OUTER HOUSE. The name given to sory note, means barred by the statute of lim-
the great hall of the parliament house in itations. 37 Me. 389.
Edinburgh, in which the lords ordinary of the OUTLAWRY. In English law. A pro-
court of session sit as single judges to hear cess by which a defendant or person in con-
causes. The term is used colloquially as ex- tempt on a civil or criminal process was de-
pressive of the business done there in contra- clared an outlaw. If for treason or felony,
distinction to the "Inner House," the name it amounted to conviction and attainder.
given to the chambers in which the flrst and Stim. Law Gloss.
second divisions of the court of session hold
their sittings. Bell. OUTPAETERS. Stealers of cattle.
Co well.
OUTFANGTHEF. A liberty or privi- OUTPUTERS. Such as set watches for
lege in the ancient common law, whereby a
the robbing any manor-house. Cowell.
lord was enabled to call any man dwelling in
his manor, and taken for felony in another OUTRAGE. Injurious violence, or, in
place out of his fee, to judgment in his own general, any species of serious wrong offered
court. Bu Cange. to the person, feelings, or rights of another.
See 44 Iowa, 314.
O U T F I T . 1. An allowance made by
the United States government to one of its OUTRIDERS. In English law. Bailiffs-
diplomatic representatives going abroad, for errant employed by sheriffs or their deputies
the expense of his equipment. to ride to the extremities of their counties or
2. This term, in its original use, as applying hundreds to summon men to the county or
to ships, embraced those objects connected hundred court. Wharton.
with a ship which were necessary for the OUTROPER. A person to whom the
sailing of her, and without which she would business of selling by auction was confined
not in fact be navigable. But in ships en- by statute. 2 H. Bl. 557.
gaged in whaling voyages the word has ac-
quired a much more extended signification. OUTSETTER. In Scotch law. Pub-
9 Mete. (Mass.) 364. lisher. 3 How. State Tr. 603.
OUTSTANDING. 1. Remaining un-
OUTHEST, or OUTHOM. A calling discharged; unpaid; uncollected; as an out-
men out to the army by sound of horn. standing debt.
Jacob.
2. Existing as an adverse claim or preten-
OUTHOUSE. Any house necessary for sion ; not united with, or merged in, the title
the purposes of life, in which the owner does or claim of the party; as an outstanding title.
P.
P. An abbreviation for "page;" also for give the verdict he seeks. The term Imports
"Paschalis," (Easter term,) in the Year the improper and corrupt selection of a jury
Books, and for numerous other words of sworn and impaneled for the trial of a cause.
which it is the initial. 12 Conn. 289.
P. C. An abbreviation for "Pleas of the PACK OP WOOL. A horse load, which
Crown;" sometimes also for "Privy Coun- consists of seventeen stone and two pounds,
cil," "Parliamentary Cases," "Patent Cases," or two hundred and forty pounds weight.
"Practice Cases," "Penal Code," or "Political Fleta, 1. 2, c. 12; Co well.
Code."
P. H. V. An abbreviation for "pro hoc PACKAGE. A package means a bundle
put up for transportation or commercial
vice," for this turn, for this purpose or occa-
handling; a thing in form to become, as such,
sion. an article of merchandise or delivery from
P. J. An abbreviation for "president" hand to hand. A parcel is a small package;
(or presiding) "judge," (or justice.) "parcel" being the diminutive of "package."
P. L. An abbreviation for "Pamphlet Each of the words denotes a thing in form
suitable for transportation or handling, ox
Laws" or "Public Laws."
sale from hand to hand. 1 Hughes, 529.
P. M. An abbreviation for "postmaster;" "Package," in old English law, signifies
also for "post-meridian," afternoon. one of various duties charged in the port
P. O. An abbreviation of " public officer;" of London on the goods imported and ex-
also of "post-office." ported by aliens, or by denizens the sons of
aliens. Tomlins.
P. P. An abbreviation for "propria per-
sona," in his proper person, in his own per- PACKED PARCELS. The name for a
son. consignment of goods, consisting of one large
P. S. An abbreviation for "Public Stat- parcel made up of several small ones, (each
utes;" also for "postscript" bearing a different address,) collected from
different persons by the immediate consignor,
P A A G i i . A toll for passage through (a carrier,) who unites them into one for his
another's land. own profit, at the expense of the railway by
PACAB.E. To pay. which they are sent, since the railway com-
pany would have been paid more for the car-
PACATIO. Payment. Mat. Par. A. D. riage of the parcels singly than together.
1248. Wharton.
PACE. A measure of length containing PACT. A bargain; compact; agreement.
two feet and a half, being the ordinary length This word is used in writings on Koman law
of a step. and on general jurisprudence as the English
PACEATUR. Lat. Let him be freed or form of the Latin "pactum," (which see.)
discharged.
Pacta oonventa qu neque contra
Pact sunt maxime contraria vis et in- leges neque dolo malo inita sunt omni
juria. Co. Litt. 161. Violence and injury modo observanda sunt. Agreements which
are the things chiefly hostile to peace. are not contrary to the laws nor entered into
PACIFICATION. The act of making with a fraudulent design are in all respects
peace between two hostile or belligerent to be observed. Cod. 2, 3, 39; Broom, Max.
states; re-establishment of public tranquility. 698, 732.
PACE. To put together in sorts with a Pacta dant legem contractui. Hob.
fraudulent design. To pack a jury is to use 118. The stipulations of parties constitute
unlawful, improper, or deceitful means to the law of the contract.
have the jury made up of persons favorably Pacta privata juri publico derogare
disposed to the party so contriving, or who non possunt. 7 Coke, 23. Private com-
have been or can be improperly influenced to pacts cannot derogate from public right.
PARIES. In the civil law. A wall. Pa- PARISH CONSTABLE. A petty con-
ries est, sive murus, sive maceria est. Dig. j*,abl6 exercising his functions within giv-
50, 16, 157. en parish. Mozley & Whitley.
obligation of the contract, but the perform- PECK. A measure of two gallons; a dry
ance of that which the parties respectively measure.
undertook, whether it be to give or to do. PECORA. Lat. In Roman law. Cat-
Civil Code La. art. 2131. tle; beasts. The term included all quadru-
Performance of an obligation for the de- peds that fed in flocks. Dig. 32, 65, 4.
livery of money only is called "payment."
Civil Code Cal. 1478. PECULATION. In the civil law. The
unlawful appropriation, by a depositary of
In pleading. When the defendant alleges
public funds, of the property of the govern-
that he has paid the debt or claim laid in the
ment intrusted to his care, to his own use,
declaration, this is called a "plea of pay-
or that of others. Domat. Supp. au Droit
ment." Public, 1. 3, tit. 5.
PAYMENT INTO COURT. In prac- PECULATUS. In the civil law. The
tice. The act of a defendant in depositing offense of stealing or embezzling the public
the amount which he admits to be due, with money. Hence the common English word
the proper officer of the court, for the benefit "peculation," but "embezzlement" is the
of the plaintiff and in answer to his claim. proper legal term. 4 Bl. Comm. 121, 122.
PAYS. Fr. Country. Tiial per pays, PECULIAR. In ecclesiastical law. A
trial by jury, (the country.) See PAIS. parish or chuich in England which has juris-
PEACE. As applied to the affairs of a diction of ecclesiastical matters within itself,
state or nation peace may be either external and independent of the ordinary, and is sub-
or internal. In the former case, the term ject only to the metropolitan.
denotes the prevalence of amicable relations PECULIARS, COURT OF. In English
and mutual good will between the particu- law. A branch of and annexed to the court
lar society and all foreign powers. In the of arches. It has a jurisdiction over all those
latter case, it means the tranquillity, securi- parishes dispersed through the province of
ty, and freedom from commotion or disturb- Canterbury, in the midst of other dioceses,
ance which is the sign of good order and which are exempt from the ordinary's juris-
harmony and obedience to the laws among diction, and subject to the metropolitan only.
all the members of the society. In a some-
what technical sense, peace denotes the quiet, P E C U L I U M . InRomanlaw. Such
ecurity, good order, and decorum which is private property as might be held by a slave,
guarantied by the constitution of civil soci- wife, or son who was under the patria po-
ety and by the laws. testas, separate from the property of the father
or master, and in the personal disposal of the
The concord or final agreement in a fine owner.
of lands. 18 Edw. I. "Modus Levandi
Finis." PECULIUM CASTRENSE. In Roman
law. That kind of peculium which a son a&-
PEACE, BILL OP. See BILL OF quired in war, or from his connection with
PEACE. the camp, (castrum.) Heinecc. Elem. lib. 2,
tit. 9, 474.
P E A C E OF GOD A N D T H E
CHURCH. In old English law. That rest PECUNIA. Lat. Originally and radi-
and cessation which the king's subjects had oally, property in cattle, or cattle themselves.
from trouble and suit of law between the So called because the wealth of the ancients
terms and on Sundays and holidays. Co well; consisted in cattle. Co. Litt. 2076.
Spelman. In the civil law. Property in general,
real or personal; anything that is actually
Pecoata contra nataram sunt gravis-
the subject of private property. In a nar-
sima. 3 Inst. 20. Crimes against nature
rower sense, personal property; fungible
are the most heinous.
things. In the strictest sense, money. This
Peccatum pecoato addit qui culpse has become the prevalent, and almost the ex-
quam facit patrocinia defensionis ad- clusive, meaning of the word.
Jungit. 5 Coke, 49. He adds fault to fault In old English law. Goods and chat*
who sets up a defense of a wrong committed tels. Spelman.
by him.
PECUNIA CONSTITUTA.
PECIA. A piece or small quantity of law. Money owing (even upon a moral ob-
ground. Paroch. Antiq. 240. ligation) upon a day being fixed {congtituta)
< V.DI0T.LAW56
the state, but also to establish for the intercourse with penalties or without, not repugnant to the
of citizen with citizen those rules of good manners constitution, as they shall judge to be for the good
and good neighborhood which are calculated to and welfare of the commonwealth, and of the sub-
prevent a conflict of rights, and to insure to each jects of the same. 7 Cush. 85.
the uninterrupted enjoyment of his own, so far as The police power of the state is an authority
is reasonably consistent with a like enjoyment of conferred by the American constitutional system
rights by others. Cooley, Const. Lim. *572. upon the individual states, through which they are
It is defined by Jeremy Bentham in his works : enabled to establish a special department of po-
* Police is in general a system of precaution, either lice ; adopt such regulations as tend to prevent the
for the prevention of crime or of calamities. Its commission of fraud, violence, or other offenses
business may be distributed into eight distinct against the state; aid in the arrest of criminals;
branches: (1) Police for the prevention of offenses; and secure generally the comfort, health, and pros-
(2) police for the prevention of calamities; (3) perity of the state, by preserving the public order,
police for the prevention of epidemic diseases; v*) preventing a conflict of rights in the common inter-
police of charity; (5) police of interior communi- course of the citizens, and insuring to each an un-
cations ; (6) police of public amusements; (7) po- interrupted enjoyment of all the privileges con-
lice for recent intelligence; (8) police for regis- ferred upon him by the laws of his country. La-
tration. " 6 Or. 222. lor, Pol. Enc. *. v.
It is true that the legislation which secures to
POLICE COURT. The name of a kind all protection in their rights, and the equal use
of inferior court in several of the states, and enjoyment of their property, embraces an
which has a summary jurisdiction over minor almost infinite variety of subjects. Whatever af-
offenses and misdemeanors of small conse- fects the peace, good order, morals, and health of
quence, and the powers of a committing the community comes within its scope; and every
one must use and enjoy his property subject to the
magistrate in respect to more serious crimes, restrictions which such legislation imposes. What
and, in some states, a limited jurisdiction for is termed the "police power" of the state, which,
the trial of civil causes. from the language often used respecting it, one
would suppose to be an undefined and irresponsi-
In English law. Courts in which stipend- ble element in government, can only interfere
iary magistrates, chosen from barristers of a with the conduct of individuals in their inter-
certain standing, sit for the dispatch of busi- course with each other, and in the use of their
ness. Their general duties and powers are property, so far as may be required to secure these
the same as those of the unpaid magistracy, objects. 94 U. S. 145.
except that one of them may usually act in POLICE REGULATIONS. Laws of a
cases which would require to be heard before state, or ordinances of a municipality, which
two other justices. Wharton. have for their object the preservation and
protection of public peace and good order,
POLICE DE CHARGEMENT. Fr. and of the health, morals, and security of
In French law. A bill of lading. Ord. Mar. the people.
liv. 3, tit. 2.
POLICE SUPERVISION. In England,
POLICE JURY, in Louisiana, is the des- subjection to police supervision is where a
ignation of the board of officers in a parish criminal offender is subjected to the obli-
corresponding to the commissioners or su- gation of notifying the place of his resi-
pervisors of a county in other states. dence and every change of his residence to
P O L I C E JUSTICE. A magistrate the chief officer of police of the district, and
charged exclusively with the duties incident of reporting himself once a month to the
to the common-law office of a conservator or chief officer or his substitute. Offenders
justice of the peace; the prefix "police" serv- subject to police supervision are popularly
ing merely to distinguish them from justices called "habitual criminals." Sweet.
having also civil jurisdiction. 58 N. Y. 530. P O L I C I E S OF I N S U R A N C E ,
POLICE OFFICER. One of the staff COURT OF. A court established in pur-
of men employed in cities and towns to en- suance of the statutes 43 Eliz. c. 12, and 13
force the municipal police, i. e., the laws and & 14 Car. II. c. 23. Composed of the judge
ordinances for preserving the peace and good of the admiralty, the recorder of London,
order of the community. Otherwise called two doctors of the civil law, two common
"policeman." lawyers, and eight merchants; any three of
whom, one being a civilian or a barrister,
POLICE POWER. The power vested could determine in a summary way causes
in a state to establish laws and ordinances concerning policies of assurance in London,
for the regulation and enforcement of ita po- with an appeal to chancery. No longer in
lice. See that title. existence. 3 Bl. Comm. 74.
The power vested in the legislature to make, or-
dain, and establish all manner of wholesome and P O L I C Y . The general principles by
reasonable laws, statutes, and ordinances, either which a government is guided in its man-
Prsesentare nih.il aliud est quam prse- PRJESUMPTIO JURIS. Lat A legal
sto dare seu offere. To present is no more presumption or presumption of law; that is,
than to give or offer on the spot. Co. Iitt. one in which the law assumes the existence
120. of something until it is disproved by evi-
dence; a conditional, inconclusive, or rebut-
Prsesentia oorporis tollit errorem no-
table presumption. Best, Ev. 43.
minis ; et veritas nominis tollit errorem
demonstrationis. The presence of the body PR-ZESUMPTIO JURIS ET DE JURE.
cures error in the name; the truth of the Lat. A presumption of law and of right; a
name cures an error of description. Broom, presumption which the law will not suffer to
Max. 637, 639, 640. be contradicted; a conclusive or irrebuttable
presumption.
PR2ESES. Lat. In Roman law. A
president or governor. Called a " nomen gen- Prsesumptio violenta plena probatio.
erale," including pro-consuls, legates, and Co. Litt. 66. Strong presumption is full
all who governed provinces. proof.
larger amount than they would be entitled to mission is made "without prejudice." or a
receive on a pro rata distribution. motion is denied "without prejudice," it is
Also the right held by a creditor, in virtue meant as a declaration that no rights or
of some lien or security, to be preferred above privileges of the party concerned are to be
others {i. e., paid first) out of the debtor's considered as thereby waived or lost, except
assets constituting the fund for creditors. in so far as may be expressly conceded or de-
cided.
PREFERENCE SHARES. A term
used in English law to designate a new issue PRELATE. A clergyman of a superior
of shares of stock in a company, which, to order, as an archbishop or a bishop, having
facilitate the disposal of them, are accorded authority over the lower clergy; a dignitary of
a priority or preference over the original the church. Webster.
shares. PRELEVEMENT. Fr. In French law.
Such shares entitle their holders to a pref- A preliminary deduction; particularly, the
erential dividend, so that a holder of them portion or share which one member of a firm
is entitled to have the whole of his dividend is entitled to take out of the partnership as-
(or so much thereof as represents the extent sets before a division of the property is made
to which his shares are, by the constitution between the partners.
of the company, to be deemed preference
shares) paid before any dividend is paid to PRELIMINARY. Introductory; initia-
the ordinary shareholders. Mozley & Whit- tory; preceding; temporary and provisional;
ley. as preliminary examination, injunction, ar-
ticles of peace, etc.
PREFERENTIAL ASSIGNMENT.
An assignment of property for the benefit of PRELIMINARY ACT. In English ad-
creditors, made by an insolvent debtor, in miralty practice. A document stating the
which it is directed that a preference (right time and place of a collision between vessels,
to be paid first in full) shall be given to a the names of the vessels, and other particu-
creditor or creditors therein named. lars, required to be filed by each solicitor in
actions for damage by such collision, unless
PREFERRED CREDITOR. A cred- the court or a judge shall otherwise order.
itor whom the debtor has directed shall be Wharton.
paid betore other creditors.
PRELIMINARY INJUNCTION. An
PREFERRED DEBT. A demand which injunction granted at the institution of a
has priority; which is payable in full before suit, to restrain the defendant from doing or
others are paid at all. continuing some act, the right to which is in
PREGNANCY. In medical jurispru- dispute, and which may either be discharged
dence. The state of a female who has with- or made perpetual, according to the result of
in her ovary or womb a fecundated germ, the controversy, as soon as the rights of
which gradually becomes developed in the the parties are determined.
latter receptacle. Dungl. Med. Diet. PRELIMINARY PROOF. In insur-
PREGNANCY, PLEA OF. A plea ance. The first proof offered of a loss oc-
which a woman capitally convicted may plead curring under the policy, usually sent in to
in stay of execution; for this, though it is no the underwriters with the notification of
stay of judgment, yet operates as a respite of claim.
execution until she is delivered. Brown. PREMEDITATE. To think of an act
beforehand; to contrive and design; to plot
PREGNANT NEGATIVE. See NEG-
or lay plans for the execution of a purpose.
ATIVE PREGNANT.
See DKLIBEBATE.
PREJUDICE. A forejudgment; bias;
PREMEDITATION. The act of medi-
preconceived opinion. A leaning towards
tating in advance; deliberation upon a con-
one side of a cause for some reason other
templated act; plotting or contriving; a de-
than a conviction of its justice.
sign formed to do something before it is done.
The word "prejudice" seemed to imply nearly
the same thing as "opinion," a prejudgment of PREMIER. A principal minister of
the case, and not necessarily an enmity or ill will
against either party. 5 Cush. 297. state; the prime minister.
"Prejudice" also means injury, loss, or PREMIER SERJEANT, THE
damnification. Thus, where an offer or ad- QUEEN'S. This officer, so constituted b?
Probandi necessitas incumbit illi qui PROBATIO. Lat. Proof; more partic-
agit. The necessity of proving lies with him ularly direct, as distinguished from indirect
who sues. Inst. 2, 20, 4. In other words, or circumstantial, evidence.
the burden of proof of a proposition is upon PROBATIO MORTUA. Dead p~oof;
him who advances it affirmatively. that is proof by inanimate objects, such as
deeds or other written evidence.
PROBARE. I n Saxon law. To claim a
thing as one's own. Jacob. PROBATIO PLENA. In the civil law.
In modern law language. To make Full proof; proof by two witnesses, or a pub-
proof, as in the term "onus probandi," the lic instrument. Hallifax, Civil Law, b. 3, c.
burden or duty of making proof. 9, no. 25; 3 Bl. Comm. 370.
Probatis extremis, prsesumuntur me- justices in the common pleas shall stay until
dia. The extremes being proved, the inter- this writ of procedendo de loquela come to
mediate proceedings are presumed. 1 Greenl. them. So, also, on a personal action. New
Ev. 20. Nat. Brev. 154.
PROBATIVE. In the law of evidence. PROCEDURE. This word is commonly
Having the effect of proof; tending to prove, opposed to the sum of legal principles consti-
or actually proving. tuting the substance of the law, and denotes
PROBATIVE FACT. In the law of the body of rules, whether of practice or of
evidence. A fact which actually has the ef- pleading, whereby rights are effectuated
fect of proving a fact sought; an evidentiary through the successful application of the
fact. 1 Benth. Ev. 18. proper remedies. It is also generally distin-
guished from the law of evidence. Brown.
P R O B A T O R . In old English law. The law of procedure is what is now com-
Strictly, an accomplice in felony who to save monly termed by jurists "adjective law,"
himself confessed the fact, and charged or (<? v.)
accused any other as principal or accessary,
against whom he was bound to make good PROCEED. A stipulation not to proceed
his charge. It also signified an approver, or against a party is an agreement not to sue.
one who undertakes to prove a crime charged To sue a man is to proceed against him. 57
upon another. Jacob. Ga. 140.
PROBATORY TERM. This name is PROCEEDING. In a general sense, the
given, in the practice of the English admiral- form and manner of conducting juridical
ty courts, to the space of time allowed for the business before a court or judicial officer;
taking of testimony in an action, after issue regular and orderly progress in form of law;
formed. including all possible steps in an action from
its commencement to the execution of judg-
PROBATUM EST. It is tried or proved.
ment. In a more particular sense, any ap-
PROBUS ET LEGALIS HOMO. A plication to a court of justice, however made,
good and lawful man. A phrase particular- for aid in the enforcement of rights, for re-
ly applied to a juror or witness who was free lief, for redress of injuries, for damages, or
from all exception. 3 Bl. Comm. 102. for any remedial object.
Proceedings are commonly classed as "or-
PROCEDENDO. In practice. A writ
dinary" or "summary." The former term
by which a cause which has been removed
denotes the regular and formal method of
from an inferior to a superior court by certi-
orari or otherwise is sent down again to the carrying on an action or suit according to the
same court, to be proceeded in there, where course of the common law. The latter des-
it appears to the superior court that it was ignates a method of disposing of a suit or
removed on insufficient grounds. Co well; 1 prosecution off-hand, and without the inter-
Tidd, Pr. 408, 410. vention of a jury, or otherwise contrary to
A writ which issued out of the common- the course of the common law.
law jurisdiction of the court of chancery, In New York the Code of Practice divides
when judges of any subordinate court delayed remedies into "actions" and "special pro-
the parties, for that they would not give ceedings." An action is an ordinary pro-
judgment either on the one side or on the ceeding in a court of justice, by which one
other, when they ought so to do. In such a party prosecutes another party for the en-
case, a writ of procedendo ad judicium was forcement or protection of a right, the re-
awarded, commanding the inferior court in dress or prevention of a wrong, or the pun-
the sovereign's name to proceed to give judg- ishment of a public offense. Every other
ment, but without specifying any particular remedy is a special proceeding. Code N. X
judgment. Wharton. 2.
A writ by which the commission of a jus- In Louisiana there is a third kind of pro-
tice of the peace is revived, after having ceeding, known by the name of "executory
been suspended. 1 Bl. Comm. 353. proceeding," which is resorted to in the fol-
lowing cases: When the creditor's right
PROCEDENDO ON AID PRAYER. arises from an act importing a confession of
If one pray in aid of the crown in real action, judgment, and which contains a privilege or
and aid be granted, it shall be awarded that mortgage in his favor; or when the creditor
he sue to the sovereign in chancery, and the demands the execution of a judgment which
o.
Q. B. An abbreviation of "Queen's In old English law. A farthing;
Bench." fourth part or quarter of a penny.
Q. B. D. An abbreviation of "Queen's QUADRANT. An angular measure of
Bench Division." ninety degrees.
Q. O. An abbreviation of "Queen's Coun- QUADRANTATA TERRiE. In old
sel." English law. A measure of land, variously
Q. C. F. An abbreviation of " quare clau- described as a quarter of an acre or the fourth
sumfregit," (q. v.) part of a yard-land.
Q. E. N. An abbreviation of "quareexe- QUADRARIUM. In old records. A
eutionem non," wherefore execution [should] stone-pit or quarry. Cowell.
not [be issued.] QUADRIENNIUM. In the civil law.
Q. S. An abbreviation for "Quarter Ses- The four-years course of study required to be
sions. " pursued by law-students before they were
qualified to study the Code or collection of
Q. T. An abbreviation of "qui tarn," imperial constitutions. See Inst. proem.
(q.v.)
QUADRIENNIUM UTILE. In Scotch
Q. V. An abbreviation of "quod vide," law. The term of four years allowed to a
used to refer a reader to the word, chapter, minor, after his majority, in which he may
etc., the name of which it immediately fol- by suit or action endeavor to annul any deed
lows. to his prejudice, granted during his minority.
QUA. Lat Considered as; in the char- Bell.
acter or capacity of. For example, " the trus- QUADRIPARTITE. Divided into four
tee qua trustee [that is, in his character as parts. A term applied in conveyancing to
trustee] is not liable," etc. an indenture executed in four parts.
QUACK. A pretender to medical skill QUADROON. A. person who is descend-
which he does not possess; one who practices ed from a white person and another person
as a physician or surgeon without adequate who has an equal mixture of the European
preparation or due qualification. and African blood. 2 Bailey, 558.
QUACUNQUE VIA DATA. Lat. QUADRUPLATORES. Lat. In Roman
Whichever way you take it. law. Informers who, if their information
QUADRAGESIMA. Lat. The fortieth. were followed by conviction, had the fourth
The first Sunday in Lent is so called because part of the confiscated goods for their trouble.
it is about the fortieth day before Easter. QUADRUPLICATE. Lat. In the
Cowell. civil law. A pleading on the part of a de-
QUADRAGESIMALS. Offerings for- fendant, corresponding to the rebutter at
merly made, on Mid-Lent Sunday, to the common law. The third pleading on the
mother church. part of the defendant. Inst. 4, 14, 3; 3 Bl.
Comm. 310.
QUADRAGESMS. The third volume of
the year books of the reign of Edward III. Quse ab hostibus capiuntur, statim oa-
So called because beginning with the fortieth pientium Hunt. 2 Burrows, 693. Things
year of that sovereign's reign. Crabb, Eng. which are taken from enemies immediately
Law, 327. become the propeity of the captors.
attribute or characteristic by which one thing sometimes given against an executor, es-
is distinguished from another. pecially on a plea of plene administravit,
which empowers the plaintiff to have the
QUALITY OF ESTATE. The period benefit of assets which may at anytime there-
when, and the manner in which, the right of after come to the hands of the executor.
enjoying an estate is exercised. It is of two
kinds: (1) The period when the right of en- Quando aliquid mandatur, mandatur
joying an estate is conferred upon the owner, et omne per quod pervenitur ad illud.
whether at present or in future; and (2) the 5 Coke, 116. When anything is commanded,
manner in which the owner's right of enjoy- everything by which it can be accomplished
ment of his estate is to be exercised, whether is also commanded.
solely, jointly, in common, or in coparcenary.
Quando aliquid prohibetur ex directo,
Wharton.
prohibetur et per obliquum. Co. Litt.
Quam longum debet esse rationabile 223. When anything is prohibited directly,
tempus non definitur in lege, sed pen- it is prohibited also indirectly.
det ex discretions justiciariorum. Co. Quando aliquid prohibetur, prohibetur
Litt. 56. How long reasonable time ought et omne per quod devenitur ad illud.
to be, is not denned by law, but depends upon When anything is prohibited, everything by
the discretion of the judges. which it is reached is prohibited also. 2 Inst.
Quam rationabilis debet esse finis, 48. That which cannot be done directly shall
non definitur, sed omnibus circumstan- not be done indirectly. Broom, Max. 489.
tiis inspectis pendet ex justiciariorum Quando aliquis aliquid concedit, con-
discretions. What a reasonable fine ought cedere videtur et id sine quo res uti
to be is not defined, but is left to the discre- non potest. When a person grants any-
tion of the judges, all the circumstances be- thing, he is supposed to grant that also with-
ing considered. 11 Coke, 44.
out which the thing cannot be used. 3 Kent,
QUAMDIU. Lat. As long as; so long Comm. 421. When the use of a thing is
as. A word of limitation in old conveyances. granted, everything is granted by which the
Co. Litt. 235a. grantee may have and enjoy such use. Id.
Q U A M D I U SE BENE GE'SSERIT. Quando charta continet generalem
As long as he shall behave himself well; dur- clausulam, posteaque descendit ad ver~
ing good behavior; a clause frequent in let- ba specialia quas clausulse general,
ters patent or grants of certain offices, to se- sunt consentanea, interpretanda est
cure them so long as the persons to whom charta secundum verba specialia. When
they are granted shall not be guilty of abus- a deed contains a general clause, and after-
ing them, the opposite clause being "durante wards descends to special words which are
bene placito," (during the pleasure of the agreeable to the general clause, the deed is to
grantor.) be interpreted according to the special words.
8 Coke, 1546.
Quamvis aliquid per se non sit ma-
lum, tamen, si sit mali exempli, non est Quando de una et eadem re duo one-
faciendum. Although a thing may not be rabiles existunt, unus, pro insufficien-
bad in itself, yet, if it is of bad example, it tia alterius, de integro onerabitur.
is not to be done. 2 Inst. 564. When there are two persons liable for one
and the same thing, one of them, in case of
Quamvis lex generaliter loquitur, re- default of the other, shall be charged with
stringenda tamen est, ut, cessante ra- the whole. 2 Inst. 277.
tione, ipsa cessat. Although a law speaks
generally, yet it is to be restrained, so that Quando dispositio referri potest ad
when its reason ceases, it should cease also. duas res ita quod secundum relationem
4 Inst. 330. unam vitietur et secundum alteram
Quando abest provisio partis, adest utilis sit, turn facienda est relatio ad
provisio legis. When the provision of the illam ut valeat dispositio. 6 Coke, 76.
party is wanting, the provision of the law is When a disposition may refer to two things,
at hand. 6 Vin. Abr. 49; 13 C. B. 960. so that by the former it would be vitiated,
and by the latter it would be preserved, then
QUANDO ACCIDERINT. Lat. When the relation is to be made to the latter, so
they shall come in. The name of a judgment that the disposition may be valid.
Quod nullius esse potest id tit alicu- sessions, for payment of a fifteenth with the
jus fieret nulls obligatio valet efficere. rest of the parish. Fitzh. Nat. Brer. 175.
No agreement can avail to make that the Obsolete.
property of any one which cannot be acquired Quod populus postremum jussit, id
as property. Dig. 50, 17, 182. jus ratum esto. What the people hare last
Q u o d nullius est, est domini regis. enacted, let that be the established law. A
That which is the property of nobody belongs law of the Twelve Tables, the principle of
to our lord the king. Fleta, lib. 1, c. 3; which is still recognized. 1 Bl. Comm. 89.
Broom, Max. 354.
Quod primum est intentione ultimum
Quod nullius est, id ratione naturali est in operatione. That which is first in
occupanti conceditur. That which is the intention is last in operation. Bac. Max.
property of no one is, by natural reason,
given to the [first] occupant. Dig. 41, 1, 3; Quod principi placuit legis habet vigo-
Inst. 2,1, 12. Adopted in the common law. rem. That which has pleased the prince
2 Bl. Com in. 258. has the force of law. The emperor's pleas-
ure has the force of law. Dig. 1, 4, 1; Inst.
Quod nullum est, nullum producit 1, 2, 6. A celebrated maxim of imperial
effectum. That which is null produces no law.
effect. Tray. Leg. Max. 519.
Quod prius est verius est; et quod
Quod omnes tan git ab omnibus debet prius est tempore potius est jure. Co.
supportari. That which touches or con- Litt. 347. What is first is true; and what
cerns all ought to be supported by all. 3 is first in time is better in law.
How. State Tr. 878, 1087.
Quod pro minore licitum est et pro
Q U O D PARTES REPLACITENT. majore licitum est. 8 Coke, 43. That
That the parties do replead. The form of which is lawful as to the minor is lawful as
the judgment on award of a repleader. 2 to the major.
Salk. 579.
QUOD PROSTRAVIT. That he do
QUOD PARTITIO FIAT. That parti- abate. The name of a judgment upon an in-
tion be made. The name of the judgment in dictment for a nuisance, that the defendant
suit for partition, directing that a partition abate such nuisance.
be effected.
Quod pure debetur prsesenti die debe-
Quod pendet non est pro eo quasi tur. That which is due unconditionally is
sit. What is in suspense is considered as due now. Tray. Leg. Max. 519.
not existing during such suspense. Dig. 50,
17, 169, 1. Quod quis ex culpa sua damnum sen-
tit non intelligitur damnum sentire.
Quod per me non possum, nee per The damage which one experiences from his
alium. What I cannot do by myself, I can- own fault is not considered as his damage.
not by another. 4 Coke, 246; 11 Coke, 87a. Dig. 50, 17, 203.
Quod per recordum probatum, non Quod quis sciens indebitum debit hac
debet esse negatum. What is proved by mente, ut postea repeteret, repetere non
record ought not to be denied. potest. That which one has given, know-
ing it not to be due, with the intention of re-
QUOD PERMITTAT. That he permit.
In old English law. A writ which lay for demanding it, he cannot recover back. Dig.
the heir of him that was disseised of his com- 12, 6, 50.
mon of pasture, against the heir of the dis- Quod quisquis norit in hoc se exerceat.
eisor. Cowell. Let every one employ himself in what he
Q U O D PERMITTAT PROSTER- knows. 11 Coke, 10.
NERE. That he permit to abate. In old QUOD RECUPERET. That he recover.
practice. A writ, in the nature of a writ of The ordinary form of judgments for the
right, which lay to abate a nuisance. 3 Bl. plaintiff in actions at law. 1 Archb. Pr. K.
Comm. 221. B. 225; 1 Burrill, Pr. 246.
QUOD PERSONA NEC PREBEN- Quod remedio destituitur ipsa re valet
DARII, etc. A writ which lay for spirit- si culpa absit. That which is without rem-
ual persons, distrained in their spiritual pos- edy avails of itself, if there be no fault in
R.
B, In the signatures of royal persons, ers, sought to obtain a radical reform In th
"R." is an abbreviation for "rex" (king) or representative system of parliament. Boling-
"regina" (queen.) broke (Disc. Parties, Let. 18) employs the
term in its present accepted sense: "Such a
R. G. An abbreviation for Regula Qen-
remedy might have wrought a radical cure
eralis, a general rule or order of court; or
of the evil that threatens our constitution,"
for the plural of the same.
etc. Wharton.
R. L. This abbreviation may stand either
RADOUB. In French law. A term in-
for "Revised Laws" or "Roman law."
cluding the repairs made to a ship, and a
R. S. An abbreviation for "Revised Stat- fresh supply of furniture and victuals, muni-
utes." tions, and other provisions required for the
RACE. A tribe, people, or nation, be- voyage. 8 Pard. Droit Commer. 602.
longing or supposed to belong to the same RAFFLE. A kind of lottery in which
stock or lineage. " Race, color, or previous several persons pay, in shares, the value of
condition of servitude." Const. U. S., Am. something put up as a stake, and then deter-
xy. mine by chance (as by casting dice) which
RACE-WAY. An artificial canal dug in one of them shall become the sole possessor of
the earth; a channel cut in the ground. 26 it. Webster.
Minn. 17, 1 N. W. Rep. 48. The channel A raffle may be described as a species of
for the current that drives a water-wheel. "adventure or hazard," but is held not to be
Webster. a lottery. 2 Mill, Const. 130.
RACHAT. In French law. The right RAGEMAN. A statute, so called, of
of repurchase which, in English and Amer- justices assigned by Edward I. and his coun-
ican law, the vendor may reserve to himself. cil, to go a circuit through all England, and
It is also called "remeri." Brown. to hear and determine all complaints of in-
juries done within five years next before
RACHATER. L. Fr. To redeem; to Michaelmas, in the fourth year of his reign.
repurchase, (or buy back.) Kelham. Spelman.
RACHETUM. In Scotch law. Ransom; Also a rule, form, regimen, or precedent.
corresponding to Saxon "weregild," a pecun- R A G M A N ' S R O L L , or R A G I -
iary composition for an offense. Skene; MUND'S ROLL. A roll, called from one
Jacob. Ragimund, or Ragimont, a legate in Scot-
RACHIMBTJRGII. In the legal polity land, who, summoning all the beneficed cler-
of the Sahans and Ripuarians and other Ger- gymen in that kingdom, caused them on oath
manic peoples, this name was given to the to give in the tiue value of their benefices,
judges or assessors who sat with the count in according to which they were afterwards
his mallum, (court,) and were generally as- taxed by the court of Rome. Wharton.
sociated with him in other matters. Spelman. RAILROAD. A road or way on which
SACK. An engine of torture anciently iron or steel rails are laid for wheels to run
used in the inquisitorial method of examin- on, for the conveyance of heavy loads in
ing peisons charged with crime, the office of cars or carriages propelled by steam or other
which was to break the limbs or dislocate the motive power.
joints. Whether or not this term includes roads
operated by horse-power, electricity, cable-
RACK-RENT. A rent of the full value lines, etc., will generally depend upon the
f the tenement, or near it. 2 Bl. Com in. 43. context of the statute in which it is found.
RACK-VINTAGE. Wines drawn from The decisions on this point are at variance.
tiie lees. Cowell.
R A I L W A Y COMMISSIONERS. A
RADICALS. A political party. The body of three commissioners appointed under
term arose in England, in 1818, when the the English regulation of railways act, 1873.
popular leaders, Hunt, Cartwright, and oth- principally to enforce the provisions of the